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HomeMy WebLinkAboutAgenda Council Agenda 031705City of Palm Beach Gardens Council Agenda March 17, 2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Council Member Vice Mayor Council Member Council Member CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 17, 2005 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ELECTION: a. (Staff Report on Page 6, Resolution on Page 8) Resolution 41, 2005 – Declaring results of the March 8, 2005 General Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the General Election held on March 8, 2005; and providing an effective date. b. Administer Oath of Office. REORGANIZATION: 1. Appointment of a Temporary Chairman to appoint Mayor. 2. Appointment of Mayor. 3. Appointment of Vice Mayor. 4. (Staff Report on Page 16, Resolution on Page 18) Resolution 42, 2005 – Appointment of Mayor and Vice Mayor. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for the City; and providing an effective date. 5. Appointment of Council to External Boards. IV. ADDITIONS, DELETIONS, MODIFICATIONS: V. ANNOUNCEMENTS / PRESENTATIONS: VI. ITEMS OF RESIDENT INTEREST: a. (Staff Report on Page 20, Ordinance on Page 47) Ordinance 9, 2005 – Comp Plan Conservation Element amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Conservation Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the protection of environmentally sensitive areas and listed species; and providing an effective date. b. (Staff Report on Page 52, Ordinance on Page 94) Ordinance 4, 2005 – Comp Plan Future Land Use Element text amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida Amending the Future Land Use Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the Public/Institutional uses within the Mixed-Use Land Use Designation; and providing an effective date. c. (Staff Report on Page 99, Ordinance on Page 262) Ordinance 7, 2005 – Comp Plan Future Land Use Map amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a Land- Use Map Amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain properties consisting of approximately 708.14 acres, generally located at the North East side of the intersection of Hood Road and the Florida Turnpike and South of Donald Ross road, commonly referred to as “Briger Tract,” to change the land-use designation from Commercial (C) and Residential Low (RL) land-use designation to Mixed-Use (MXD) land-use designation; and providing an effective date. VII. CITY MANAGER REPORT: VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) IX. CONSENT AGENDA: a. (Page 269) Approve Minutes from the February 17, 2005 regular City Council meeting. b. (Staff Report on Page 278, Resolution on Page 280) Resolution 40, 2005 – Mirasol Plat Six. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Mirasol Plat Six plat; and providing an effective date. X. PUBLIC HEARINGS: Part I – Quasi-judicial a. (Staff Report on Page 304, Resolution on Page 416) Resolution 34, 2005 - Approve a site plan for Pod C of the Frenchman’s Reserve PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for Pod C of the Frenchman’s Reserve Planned Community Development (PCD) to allow the construction of 48 zero-lot-line, single-family homes on an approximately 12.68-acre parcel; providing for waivers; and providing an effective date. b. (Staff Report on Page 422, Resolution on Page 431) Resolution 36, 2005 – Northern Palm Beach County Improvement District Emergency Operations Center (EOC) amendment to an approved site plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment to allow for a 13,366-square-foot building and a 375-square-foot above-ground gas storage facility to be located on lot 4 of the PGA National Commerce Park Planned Unit Development (PUD), a 3.26-acre parcel which is located within the PGA National Development of Regional Impact (DRI), generally located at the Northwest intersection of the Ronald Reagan Turnpike and Northlake Boulevard, as more particularly described herein; providing for waivers; providing for conditions; and providing an effective date. Part II – Non-Quasi-judicial XI RESOLUTIONS: a. (Staff Report on Page 469, Resolution on Page 471) Resolution 37, 2005 - Agreement with South Florida Water Management District For Thompson River Canal Water Quality Improvements. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a funding agreement with the South Florida Water Management District for Stormwater improvements to the Thompson River Canal; and providing an effective date. b. (Staff Report on Page 494, Resolution on Page 497) Resolution 38, 2005 - Approving The Art in Public Places Proposal for Lot 4 of the Northcorp PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for Lot 4 of the Northcorp Planned Community Development (PCD), as more particularly described herein; providing for one condition of approval; and providing an effective date. XII. ORDINANCES: (For Consideration on First Reading) XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 28,2005 Meeting Date: March 17,2005 Resolution: 41,2005 SubjecVAgenda Item: Declare the results of the General Election held on March 8,2005. [ X ] Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: City Attorney Submitted by: Patricia Snider, City w Department Director Approved by: Originating Dept.: City Clerk Advertised: Date: Paper: [ ] Not Required Affected parties [ ]Notified [ ] Not required Costs: !$ NIA (Total) S- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: Certified Results [ ]None Date Prepared: February 28,2005 Meeting Date: March 17,2005 Resolution: 41,2005 0 BACKGROUND: The Supervisor of Elections was appointed as an additional member of the canvassing board and has provided the certified copy of the results to the election held on Tuesday, March 8,2005. 0 STAFF RECOMMENDATION: Approval of Resolution 41,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 41,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, DECLARING THE RESULTS OF THE GENERAL ELECTION HELD ON MARCH 8,2005; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 8’ day of March, 2005, the Election Clerks and Inspectors subscribed their oaths and performed their duties in said General Election in accordance with the law; and WHEREAS, the City’s Canvassing Board certified the results of said General Election as follows: TOTAL REGISTERED VOTERS 30,145 TOTALRECORDEDANDABSENTEEBALLOTSCAST 6,442 FOR CITY COUNCIL, GROUP 3, (Three-Year Term) ERIC JABLIN 4,202 RICK SARTORY 2.205 FOR CITY COUNCIL, GROUP 5 (Three-Year Term) JODY BARN ETT ANNIE DELGADO CLAY HARROW 4,152 1,364 875 WHEREAS, the City’s Canvassing Board has duly canvassed the returns of the described election and has certified the foregoing as true and correct tabulations of the total recorded and absentee votes cast (a copy of which certification is attached as Exhibit A); and WHEREAS, the City Council wishes to formally adopt and declare the voting results for the General Election; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: March 3, 2005 Resolution 41, 2005 SECTION 2. The following candidates are hereby declared to be elected to the offices as follows: CITY COUNCIL, GROUP 3 ERIC JABLl N CITY COUNCIL, GROUP 5 JODY BARNETT SECTION 3. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2005. CITY OF PALM BEACH GARDENS, FLORIDA PV. Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl E NCY BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT --- MAYOR --- VICE MAYOR --- COUNCILMEMBER --- COUNCILMEMBER --- COUNCILMEMBER \\pbgsfile\Attomeybtmey~share\RESOLUTlONS\declaring results of 2005 gen election - reso 41 2005.doc 2 Date Prepared: March 3, 2005 Resolution 41, 2005 EXHIBIT A SUPERVISOR OF ELECTIONS 561 656 6287 P. 02 MRR-09-2085 15:49 mR- PWR-09-2885 15:50 SUPERVISOR OF ELECTIONS 561 656 6287 P.04 m\R-09-2885 15:SE SUPERVISOR OF ELECTIONS 561 656 6287 P. 05 TOTRL P.B5 W-09-2885 15:49 SUPERVISOR OF ELECTIOE 561 656 6287 p.ai Palm Beach County 240 SOUTH MILITARY TRAIL DR. ARTHUR ANDERSON Supervisor of Elections WEST PALM BEACH. FL 3341 5 POST OFFICE BOX 22309 WEST PALM BEACH, FL 3341 6 TELEPHONE; (561 1 656-6200 FAX NUMBER: [5611656-6287 WE6SlTE: w. pbceleccions .org TO: PATTY SNIDER FAX #: 56117994124 PALM BEACH GDNS. DATE: MARCH 9,2005 FROM: CHARMAINE KELLY CHIEF DEPUTY TOTAL NUMBER OF PAGES INCLUDING COVER SHEET: 5 COMMENTS: ATTACHED ARE RESULTS FOR 03/08/05 ELECTION. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 28,2005 Meeting Date: March 17,2005 Resolution: 42,2005 SubjecVAgenda Item: Resolution providing for appointment of the Mayor, Vice Mayor. [ X ] Recommendation to APPROVE J ] Recommendation to DENY Reviewed by: City Attorney i Submitted by: Patricia Snider, City Department Director City Manager Originating Dept.: City Clerk Advertised: Date: Paper: [ ] Not Required Affected parties [ ]Notified [ 3 Not required Costs: !$ NIA (Total) $-.- Current FY Funding Source: [ ] Operating [ ] Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: [ ]None Date Prepared: February 28,2005 Meeting Date: March 17,2005 Resolution: 42,2005 BACKGROUND: Section 4-3 of the City Charter appoints a Mayor and Vice Mayor at its annual organizational meeting held during the month of March. STAFF RECOMMENDATION: Staff recommends approval of Resolution 42,2005. L Date Prepared: March 3,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 RESOLUTION 42,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPOINTING THE MAYOR, VICE PROVIDING AN EFFECTIVE DATE. MAYOR, AND MAYOR PRO-TEMPORE FOR THE CITY; AND WHEREAS, pursuant to Section 4-3 of the Charter of the City of Palm Beach Gardens, the City Council annually selects members of the City Council to serve as Mayor and Vice Mayor at its organizational meeting held during the month of March. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. Pursuant to Section 4-3 of the City Charter, the following persons shall be and are hereby appointed and named to the following offices of the City of Palm Beach 23 Gardens, Florida: 24 25 MAYOR 26 27 VICE MAYOR 28 29 30 31 32 Florida. 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 3. The above-named Mayor and ViL3 Mayor shall hold office until the next annual organizational meeting of the City Council, or until their successors shall be appointed and qualified in accordance with the Charter of the City of Palm Beach Gardens, SECTION 4. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: March 3,2005 Resolution 42,2005 1 PASSED AND ADOPTED this day of , 2005. 2 3 4 CITY OF PALM BEACH GARDENS, FLORIDA 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 BY: Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney 23 24 25 26 27 28 VOTE: 29 30 MAYOR 31 32 VICE MAYOR 33 34 COUNCILMEMBER 35 36 COUNCILMEMBER 37 38 COUNCILMEMBER 39 40 41 42 43 44 AYE NAY ABSENT 45 46 G:\attorney-share\RESOLUTIONS\appt of mayor vice mayor - reso 42 2005.doc 2 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 14,2005 Meeting Date: February 17,2005 Petition: CP-05-02 Ordinance 9,2005 Subject/Agenda Item: Petition CP-05-02: Text Amendment to the Conservation Element First Reading and Transmittal: A City-initiated request for a comprehensive plan text amendment to the Conservation Element to clarify alternative methods for ensuring protection of environmentally sensitive land during the development review process. [XI Recommendation to APPROVE I 1 Recommendation to DENY Reviewed by: Planning and Zoning Division Director P Tala1 Benothman, +ICP lb City Attorney Christine Tatum Development ComplianceNIA- Charles K. Wu, AICP Approved By: Originating Dept.: Growth Management: Manager G Project Kara Irwin Senior Planner Action: [ ] Quasi - Judicial [XI Legislative [XI Public Hearing Advertised: Date: 02/03/2005 Paper: The Palm Beach Post [ XI Required [ ] Not Required Affected parties: [ ]Notified [XI Not Required FINANCE: Costs: $N/A Total $- N/A Current FY Funding Source: [ ] Operating [XI Other NA Budget Acct.#: NA City Council Action: [ ]Approved App. wl conditions Denied Rec. approval Rec. app. wl conds. Rec. Denial Continued to: Attachments: Public Notice . Amended Goals, Objectives, Policies . Ordinance 9,2005 Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 2 of 13 EXECUTIVE SUMMARY This application concerns a City-initiated request for a Comprehensive Plan Text amendment to the Conservation Element to provide certain definitions and to clarify alternative methods for ensuring protection of environmentally sensitive lands during the development review process. This amendment will clarify that the City may approve either off-site mitigation or payment in lieu of preservation under appropriate circumstances. BACKGROUND Currently, the City’s Comprehensive Plan Conservation Element contains somewhat ambiguous language concerning environmental set-asides and provisions for off-site mitigation. The City proposes to amend the Comprehensive Plan for better consistency with the County’s Comprehensive Plan and the Treasure Coast Regional Planning Council’s Strategic Regional Policy Plan. The proposed amendments also update the definitions section of the element. CONSERVATION ELEMENT TEXT AMENDMENT The proposed text amendment to the Comprehensive Plan provides for changes to the Conservation Element. The following are proposed amendments to the Comprehensive Plan. (Please note that deletions are &FH& and new language is underlined): Definitions: LISTED SPECIES - Those species designated as endangered, threatened, or of special concern. PROTECTED - Refers to official federal, state, or international treaty lists which provide legal protection for rare and endangered species. THREATENED SPECIES - Species that are likely to become endangered in the state within the foreseeable future if current trends continue. This category includes: (1) species in which most or all populations are decreasing because of over-exploitation, habitat loss, or other factors; (2) species whose populations have already been heavily depleted by deleterious conditions and which, while not actually endangered, are nevertheless in a critical state; and (3) species which may still be relatively abundant but are being subiected to serious adverse pressures throughout their range. ECOSYSTEM - An assemblage of living organisms (plants, animals, microorganisms, etc.) and nonliving components (soil, water. air, etc.) that functions as a dynamic whole through organized energy flows. ENDANGERED. THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to as listed species) - Plant and animal species listed as endangered, threatened, or of special concern bv one or more of the following -- apencies: 1. U. S. Fish and Wildlife Service Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 3 of 13 2. Florida Game and Fresh Water Fish Commission 3. Florida Committee on Rare and Endangered Plants and Animals 4. Florida Department of Agriculture 5. Treasure Coast Regional Planning Council Policy 6.1 S.6.: To ensure protection of environmentally sensitive areas and listed species, the City shall implement the following criteria either in combination or singly for any proposed alteration of lands designated as environmentally significant pursuant to Comprehensive Plan Policy 6.1.5.4: 1. The project design provides for the protection and preservation of the most valuable or unique existing natural resources, listed species, and environmentally significant lands on site; If no listed species have been determined to exist on the site, or on-site preservation would yield a preserve area that is less than the preferred minimum of ten acres or unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to the City Council is implemented; 2. lh J". 3. The City shall continue to require, through the Land Development Regulations,& all development with simificant environmental impacts, including agricultural development. set aside as preserve areas a minimum of 25 percent of the total upland native plant communities on site. The 25 percent set aside shall be based on the quality and viability of the vegetative ecosystem. The City shall have the option to designate the portion of the plant community which will be included in the 25 percent set aside. Such set-aside habitat shall be preserved and managed in viable condition with existing canopy, understory, and ground cover. Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 4 of 13 The City shall, for development occurring east of the Urban Growth Boundary, have the option of accepting off-site preservation or a cash payment in lieu of preservation and shall accumulate such payments from development for the purchase and management of off-site upland native plant communities. The Land Development Regulations shall establish criteria for assessing the cash payment amount and for determining which projects warrant the use of the cash payment option. A property owner of a platted upland preserve shall not be allowed to use the off-site preservation or the cash payment option to modify the preserve area. ... Staff Comment: This proposed Text Amendment recognizes the importance of providing alternative methods to address preservation of upland areas, and recognizes that it is often appropriate to allow off-site mitigation, or alternatively, the payment of money in lieu of on-site preservation, or a combination of all methods, at the option of the City Council. CONSISTENCY WITH THE PALM BEACH COUNTY COMPREHENSIVE PLAN The proposed definitions and the amendments to Policy 6.1.5.6 mirror the language in the existing Conservation Element of the Palm Beach County Comprehensive Plan. Palm Beach County LISTED SPECIES - Those species designated as endangered, threatened,- or of special concern. PROTECTED - Refers to official federal, state, or international treaty lists which provide legal protection for rare and endangered species. THREATENED SPECIES - Species that are likely to become endangered in the State within the foreseeable future if current trends continue. This category includes: (1) species in which most or all populations are decreasing because of over-exploitation, habitat loss, or other factors; (2) species whose populations have already been heavily depleted by deleterious conditions and which, while not actually endangered, are nevertheless in a critical state; and (3) species which may still be relatively abundant but are being subjected to City of Palm Beach Gardens LISTED SPECIES - Those species designated as endangered, threatened, or of special concern. PROTECTED - Refers to official federal. state, or international treaty lists which provide legal protection for rare and endangered species. THREATENED SPECIES - Species that are likely to become endangered in the state within the foreseeable future if current trends continue. This category includes: (1) species in which most or all populations are decreasing because of over-exploitation, habitat loss, or other factors; (2) species whose populations have already been heavily depleted by deleterious conditions and which, while not actually endangered, are nevertheless in a critical state; and (3) species which may still be relatively abundant but are being subiected to Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 5 of 13 serious adverse pressures throughout their range. ECOSYSTEM - An assemblage of living organisms (plants, animals, microorganisms, etc.) and nonliving components (soil, water, air, etc.) that functions as a dynamic whole through organized energy flows. ENDANGERED, THREATENED AND SPECIES OF SPECIAL CONCERN (referred to as listed species) - Plant and animal species listed as endangered, threatened, or of special concern by one or more of the following agencies: 1. U. S. Fish and Wildlife Service 2. Florida Game and Fresh Water Fish Commission 3. Florida Committee on Rare and Endangered Plants and Animals 4. Florida Department of Agriculture 5. Treasure Coast Regional Planning Council LANDS WITH SIGNIFICANT NATIVE VEGETATION - Those areas delineated on the Future Land Use Plan Map, and the ''Inventory of Native Ecosystems'' as being environmentally sensitive lands, and those areas representing the best examples of significant ecological communities within Palm Beach County. The lands with significant native vegetation are addressed in the County's Comprehensive Plan consistent with the requirements of Section 9J-5.006(3)(~)6, Florida Administrative Code, and in the Conservation Element, consistent with the requirements of Chapter 9J-5, FAC, and include, but are not limited to, the following native communities: beacwdune, coastal strand hammock, freshwater marsh, freshwater serious adverse pressures throughout their range. ECOSYSTEM - An assemblage of living organisms (plants, animals, microorganisms, etc.) and nonliving components (soil, water, air, etc.) that functions as a dynamic whole through organized energy flows. ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to as listed species) - Plant and animal species listed as endangered, threatened, or of special concern by one or more of the following agencies: 1. U. S. Fish and Wildlife Service 2. Florida Game and Fresh Water Fish Commission 3. Florida Committee on Rare and Endangered Plants and Animals 4. Florida Department of Agriculture 5. Treasure Coast Regional Planning Council Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 6 of 13 swamp, high hammock, low hammock, pine flatwoods, prairie, saltwater marsh, saltwater swamp, scrub (sand pine), and tropical hardwood hammock. The County shall continue to require through the Unified Land Development Code that all development with significant environmental impacts, including commercial agricultural development, set aside as preserve areas a minimum of 25 percent of the total upland native plant communities on site. The 25% set- aside shall be based on the quality and viability of the vegetative ecosystem. The County shall have the option to designate the portion of the plant community which will be included in the 25 percent set-aside. Such set-aside habitat shall be preserved and managed in viable condition with existing canopy, understory, and ground cover. The County shall have the option of accepting a cash payment in lieu of preservation and shall accumulate such payments from development for the purchase and management of off-site upland native plant communities. The Unified Land Development Code shall establish criteria for assessing the cash payment amount and for determining which projects warrant the use of the cash payment option. Commercial Agricultural operations shall continue to have the options of setting aside 25% of the total native upland vegetation on site, making a cash payment amount, or attaching a deed restriction limiting the use of the site to commercial agriculture until the payment is provided to the County. Staff comments: The City shall continue to require, through the Land Development Regulations, that all development with significant environmental impacts, including agricultural development, set aside as preserve areas a minimum of 25 percent of the total upland native plant communities on site. The 25 percent set aside shall be based on the quality and viability of the vegetative ecosystem. The City shall have the option to designate the portion of the plant community which will be included in the 25 percent set aside. Such set-aside habitat shall be preserved and managed in viable condition with existing canopy, understory, and ground cover. The City shall, for development occurring east of the Urban Growth Boundary, have the option of accepting off-site preservation or a cash payment in lieu of preservation and shall accumulate such payments from development for the purchase and management of off-site upland native plant communities. The Land Development Regulations shall establish criteria for assessing the cash payment amount and for determining which proiects warrant the use of the cash payment option. A property owner of a platted upland preserve shall not be allowed to use the off site preservation or the cash payment option to modify the preserve area. The proposed amendment mirrors the County’s Comprehensive Plan language regarding alternative forms of mitigation, yet minor modifications were included specific to the environment of the City. Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 7 of 13 Since adoption, the County’s Comprehensive Plan and the Unified Land Development Code, as well as the plans of many other local jurisdictions, have recognized that alternative methods of mitigation are beneficial to achieving the goals of the Comprehensive Plan. Currently, the City s Comprehensive Plan restricts alternative forms of mitigation to parcels under 40 acres. While this provides smaller parcels with an alternative, it does not allow larger parcels the opportunity to mitigate the upland preservation requirement. However, large parcels (over 40 acres) located east of the Urban Growth Boundary (UGB) may potentially be isolated or not connected to established environmental corridors, parkway corridors or provide natural benefits to the entire City. The preservation of areas adjacent to established areas of environmental sensitivity, such as the Loxahatchee Slough, provides for the expansion of these sensitive and beneficial areas, removes development potential adjacent to these sensitive areas, and reduces the impacts of development west of the City’s established Urban Growth Boundary (UGB). The proposed amendment removes the 40-acre restriction, so that the City Council may have the opportunity to analyze the benefits of on-site preservation or alternative forms of mitigation as part of the development process. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN The proposed text amendment is consistent with the overall intent of the Goals, Objectives, and Policies contained within the City’s Comprehensive Plan. Additional amendments are being proposed concurrently with the proposed text amendment, including amendments to the Future Land Use Map (map amendment), Conservation Element, and the Capital Improvements Element. The proposed text amendment provides for internal consistency within the City’s Comprehensive Plan and accommodates the uses that may be included in the project for the City- initiated Future Land Use Map Amendment for the Briger Tract. A. OBJECTIVE OF PROPOSED CONCURRENT AMENDMENTS Future Land Use Map Amendment The City has initiated a request for a large-scale land use map amendment to modify the current land-use designation of a 708-acre site from Residential Low (RL) and Commercial (C) to the land-use designation of Mixed Use (MXD). The property consists of five separately owned parcels, collectively referred to as the Briger Tract. It is generally bounded by Hood Road to the south; San Michelle residential community, the Benjamin School, and the Legends at the Gardens mixed use development to the east; Donald Ross Road and Abacoa DRI to the north; and the Ronald Reagan and Eastpointe residential community to the west. The site is bisected into two separate areas by Interstate 95 (FDOT State Road No. 9). This proposed City-initiated petition is based on the City Council’s direction to staff to prepare a land use change as a result of a City-wide economic development initiative to diversify the City’s tax base. The initiative recognizes the need to provide more opportunities within the City for value-added employment, given the lack of vacant land remaining in the City to achieve this goal. Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 8 of 13 The proposed future land-use change is also being initiated as a result of The Scripps Research Institute (TSRI) Alternative Sites Analysis which was conducted by Palm Beach County in August, 2004. In this study, the Briger Tract was identified as one of the five alternative sites should TSRI not locate on the originally selected Mecca Farms Site. On September 1, 2004, the City Council passed Resolution 191, 2004, which recommended the Briger site as the most viable alternative site of the previously selected sites. The City Council stated in the Resolution that the Briger Tract would provide the most optimal environment and best alternative site for Scripps, Florida, recognizing the value and close proximity of the Abacoa DRI located immediately north of the site in the Town of Jupiter. Capital Improvement Element Amendment The Capital Improvements Element (CIE) text amendment is primarily to revise and update the 5-year Capital Improvements Program to be consistent with the current CIP and City budget. The amendments also include minor changes to accommodate the Briger Tract Future Land Use Map amendment. Staff has reviewed the goals, policies and objectives within the CIE and has proposed deletions and additions to make them consistent with the proposed map amendment and the rest of the Comprehensive Plan. Staff has also updated the Capital Improvements Program to reflect current data based on the current City budget. Conservation Element Amendment This is a City-initiated request for an amendment to the Conservation Element to provide definitions and provide alternative methods for ensuring protection of environmentally sensitive lands during the development review process. This amendment will clarify that the City may approve either off-site mitigation or payment in lieu of preservation under appropriate circumstances. The proposed amendment does not conflict with the proposed land-use amendment. B. CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WITHIN THE CITY’S COMPREHENSIVE PLAN The proposed text amendment is consistent with the Goals, Objectives, and Policies contained within the City’s Comprehensive Plan. Additional amendments are being proposed concurrently with the proposed text amendment, including amendments to the Future Land Use Map (map amendment), Conservation Element, and the Capital Improvements Element. A. OBJECTIVE OF PROPOSED CONCURRENT AMENDMENTS Future Land Use Element Text Amendment A City-initiated request for a Comprehensive Plan text amendment to the Future Land Use Element primarily to address inconsistencies between land use policies and to better clarify the intent of the Mixed-Use land use category as a land use designation to include Public/Institutional (P) uses so as to better encourage development that will expand the economic base of the City. Future Land Use Map Amendment The City has initiated a request for a large-scale land use map amendment to modify the current land-use designation of a 708-acre site from Residential Low (RL) and Commercial (C) to the land-use designation of Mixed Use (MXD). The property consists of five separately owned parcels, collectively referred to as the Briger Tract. It is generally bounded by Hood Road to the south; San Michelle residential community, the Benjamin School, and the Legends at the Gardens mixed use development to the east; Donald Ross Road and Abacoa DRI to the north; and the Ronald Reagan and Eastpointe residential community to the west. The site is bisected into two separate areas by Interstate 95 (FDOT State Road No. 9). This proposed City-initiated petition is based on the City Council’s direction to staff to prepare a land use change as a result of a City-wide economic development initiative to diversify the City’s tax base. The initiative recognizes the need to provide more opportunities within the City for value-added employment, given the lack of vacant land remaining in the City to achieve this goal. The proposed future land-use change is also being initiated as a result of The Scripps Research Institute (TSRI) Alternative Sites Analysis which was conducted by Palm Beach County in August, 2004. In this study, the Briger Tract was identified as one of the five alternative sites should TSRI not locate on the originally selected Mecca Farms Site. On September 1, 2004, the City Council passed Resolution 191, 2004, which recommended the Briger site as the most viable alternative site of the previously selected sites. The City Council stated in the Resolution that the Briger Tract would provide the most optimal environment and best alternative site for Scripps, Florida, recognizing the value and close proximity of the Abacoa DRI located immediately north of the site in the Town of Jupiter. Capital Improvement Element Amendment - . -_--~ Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 9 of 13 The Capital Improvements Element (CIE) text amendment is primarily to revise and update the 5-year Capital Improvements Program to be consistent with the current CIP and City budget. The amendments also include minor changes to accommodate the Briger Tract Future Land Use Map amendment. Staff has reviewed the goals, policies and objectives within the CIE and has proposed deletions and additions to make them consistent with the proposed map amendment and the rest of the Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 10 of 13 Comprehensive Plan. current data based on the current City budget. Staff has also updated the Capital Improvements Program to reflect C. CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WITHIN THE CITY’S COMPREHENSIVE PLAN The proposed Future Land Use Map amendment is consistent with the Goals, Objectives, and Policies within the City’s adopted Comprehensive Plan. Examples of some of the goals, objectives, and policies, which are consistent with and furthered by the proposed amendment, are listed below. Economic Development Element: GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT NATURAL RESOURCES. Staff Comment: On January 6, 2005 the City Council adopted the Economic Development Element. The Element signals the City’s commitment to successful economic development. The above listed goal indicates the City’s priority to achieve a balanced and diverslJied economy compatible with the built and natural environment. The proposed text change will advance this goal in allowing for the use of alternative forms of mitigation site speclJic to protect the City’s natural resources while maintaining flexibility for future economic development. Future Land Use Element GOAL 1.1.: CONTINUE TO ENSURE A HIGH QUALITY LIVING ENVIRONMENT THROUGH A MIXTURE OF LAND USES THAT WILL MAXIMIZE PALM BEACH GARDENS’ NATURAL AND MANMADE RESOURCES WHILE MINIMIZING ANY THREAT TO THE HEALTH, SAFETY, AND WELFARE OF THE CITY’S CITIZENS THAT IS CAUSED BY INCOMPATIBLE LAND USES AND ENVIRONMENTAL DEGRADATION. Objective 1.1.1.: The City shall continue to maintain land development regulations to manage future growth and development in a manner that provides needed facilities and services, protects environmental resources, and discourages the proliferation of urban sprawl. Sta (7 Comment: The proposed text amendment provides for flexibility in meeting environmental set aside requirements for development. The City proposes to maintain the 25 percent requirement, but acknowledges the benefits of off-site mitigation may have to the future of environmentally sensitive areas within the City’s limits. The preservation of areas adjacent to established areas Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 11 of 13 of environmental sensitivity, such as the Loxahatchee Slough, provides for the expansion of these sensitive and beneficial areas, removes development potential adjacent to these sensitive areas, and reduces the impacts of development west of the City's established Urban Growth Boundary (UGB). Conservation Element Policy 6.1.9.2.: The City shall endeavor to "collect and concentrate" open space conservation areas to amass significantly large land areas that will be left in their natural settings for public dedication and use through land development regulations. Staff comments: The proposed amendment will encourage off-site mitigation, which will support the consolidation of large preserve areas of environmentally sensitive lands important to the future of the City. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN (SRPP) The proposed land use amendment is consistent with the overall Treasure Coast Regional Planning Council's Strategic Regional Policy Plan (SRPP) as demonstrated by the following listed goals: Policy 6.7.1.2: Development plans should be designed to maximize the amount of protected habitat. Protected natural communities and ecosystems should be preserved in viable condition with intact canopy, under story, and ground cover. Where possible, preserve areas should be designed to interconnect with other natural areas that have been set aside for preservation. A restoration and management plan for the protected areas should be developed. Upon review, or request for review, the regional planning council will make a recommendation concerning the appropriateness of: 1) the amount of habitat protected, 2) the design and location of the preserve area, and 3) the restoration and management plan for the protected natural communities. As a minimum baseline measure for consistency with the SWP, the Regional Planning Council will strive to achieve protection of 25 percent of upland natural communities in the evaluation of development plans. This is only one of the initiatives which should be undertaken to implement the goal. Council supports the maximum protection of natural communities, and recommends that more than 25 percent of the upland habitat be preserved where appropriate. Staff comments: The proposed text amendment is consistent with the County 's Comprehensive Plan and the SRPP 25 percent upland set-aside policy, yet provides for alternative forms of mitigation. Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 12 of 13 CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida Statutes) The proposed land-use amendment is consistent with the State Comprehensive Plan. The following State Goals and Policies are specific examples of that consistency: Land Use - In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner; enhance the livability and character of urban areas through the encouragement of an attractive mix of living, working, shopping, and recreational activities. ... (b) 2. Develop a system of incentives and disincentives which encourages a separation of urban and rural land uses while protecting water supplies, resource development, and fish and wildlife habitats. Staff Comment: The proposed text amendment provides development incentives for development east of the Urban Growth Boundary (UGB) by permitting alternate forms of mitigation. Through mitigation, development potential of land is maximized in areas that have the established infrastructure and services. The amendment is specifically designed to encourage infill development for the City, while providing opportunities for the preservation of areas wets of the Urban Growth Boundary (UGB) adjacent to environmentally sensitive lands within the City boundaries. The land-use amendment is therefore consistent with the State’s goal to direct growth to areas that have urban services that can accommodate growth in a fiscally and environmentally acceptable manner. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS On January 7, 2005, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) was notified of the proposed amendment. Staff has not received any comments to date. LOCAL PLANNING AGENCY On February 8, 2004, the Planning, Zoning and Appeals Board, sitting as the Local Planning Agency, held a public hearing to review the subject petition and voted 7 to 0 to recommend approval / denial of the subject petition to the City Council. Date Prepared: January 14,2005 Meeting Date: February 17,2005 Ordinance 9,2005 Page 13 of 13 ECONOMIC DEVELOPMENT ADVISORY BOARD On February 10,2005, the Economic Development Advisory Board voted 6 to 0 to recommend approval of the subject petition to the City Council. STAFF RECOMMENDATION Staff recommends APPROVAL based on the following: 0 0 The proposed text amendment is consistent with the existing Goals, Objectives, and Policies of the City’s Comprehensive Plan; The proposed text amendment is consistent with the existing Goals, Objectives, and Policies of the County’s Comprehensive Plan The proposed text amendment is consistent with the existing Goals, Objectives, and Policies of the Strategic Regional Policy Plan; and Staff recommends APPROVAL of Ordinance 9, 2005, which provides for the transmittal of the proposed text amendments to the Conservation Element of the City’s Comprehensive Plan. CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT, CAPITAL IMPROVEMENTS ELEMENT, AND CONSERVATION ELEMENT TEXT AMENDMENTS PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on February 17, 2005, at 7:OO p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: ORDINANCE 4,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO PUBLlCllNSTlTUTlONAL PROVIDING AN EFFECTIVE DATE. USES WITHIN THE MIXED-USE LAND USE DESIGNATION; AND ORDINANCE 8,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN TO INCLUDE PROJECTS WHICH ARE NECESSARY FOR THE CITY TO CONTINUE TO MEET AN EFFECTIVE DATE. ITS ADOPTED LEVEL-OF-SERVICE STANDARDS; AND PROVIDING ORDINANCE 9,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CONSERVATION ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO THE PROTECTION OF ENVIRONMENTALLY SENSITIVE AREAS AND LISTED SPECIES; AND PROVIDING AN EFFECTIVE DATE. All members of the public are invited to attend and participate in said public hearing. All documents pertaining to said Ordinances may be inspected by the public in the Growth Management Department located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:OO a.m. - 500 p.m., except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). Patricia Snider, City Clerk CMC Publication Date: Wednesday, February 2,2005 Notes: Please make the ad at least two columns wide, ten inches long, and the headline no smaller than 18 points. Please note that the advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. CONSERVATION ELEMENT Definitions: LISTED SPECIES - Those species designated as endannered, threatened, or of special concern. PROTECTED - Refers to official federal, state, or international treaty lists which provide legal protection for rare and endangered species. THREATENED SPECIES - Species that are likely to become endangered in the state within the foreseeable future if current trends continue. This category includes: (1) species in which most or all populations are decreasing because of over-exploitation, habitat loss, or other factors; (2) species whose populations have already been heavily depleted by deleterious conditions and which, while not actually endangered, are nevertheless in a critical state; and (3) species which may still be relatively abundant but are being subjected to serious adverse pressures throughout their range. ECOSYSTEM - An assemblage of living organisms (plants, animals, microorganisms, etc.) and nonliving components (soil, water, air, etc.) that functions as a dynamic whole through organized energy flows. ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to as listed species) - Plant and animal species listed as endangered, threatened, or of special concern by one or more of the following agencies: 1. U. S. Fish and Wildlife Service 2. Florida Game and Fresh Water Fish Commission 3. Florida Committee on Rare and Endangered Plants and Animals 4. Florida Department of Agriculture 5. Treasure Coast Regional Planning Council Goals, Objectives and Policies GOAL 6.1.: THE NATURAL RESOURCE OF THE CITY OF PALM BEACH GARDENS SHALL BE PRESERVED OR MANAGED IN A MANNER WHICH MAXIMIZES THEIR PROTECTION, FUNCTIONS, AND VALUES. Objective 6.1.1.: Air quality in the City shall continue to meet or exceed the minimum air quality levels established by DEP. CONSERVATION 6- 1 Policy 6.1.1.1.: In accordance with section 163.3202, F.S., the City shall continue to maintain land development regulations to provide for fuel-saving techniques such as promoting car-pooling, public transit, bicycling, and walking. This shall be acheived through the implementation of the parkway system, the installation of sidewalks for all new developments, the retrofit of neighborhoods with sidewalks and the repair of existing sidewalks, and requirements such as provision of bicycle racks. Policy 6.1.1.2.: In an effort to reduce reliance on automobile travel, the City shall implement the parkway system, as the vacant areas are developed; assist the Metropolitan Planning Organization in the implementation of its Transit Study and Bicycle Facilities Plan; and coordinate with PalmTran to increase the public transportation service in the City. Policy 6.1.1.3: The City shall cooperate with county and state agency programs to reduce air pollutants on a regional level. Policy 6.1.1.4.: All proposed point sources of pollution shall present evidence of compliance with the DEP regulations prior to being approved. No proposed point source of pollution shall be approved which exceeds the level of air quality established by the State Implementation Plan. Objective 6.1.2.: The City shall continue to maintain development regulations to manage. surface and sub-surface water resources in a manner which ensures their viability as natural habitats and utility for recreational and potable water uses. Furthermore, the regulations shall protect the quality and quantity of waters that flow into estuarine waters in the City. Policy 6.1.2.1.: The City shall continue to maintain drainage regulations to ensure best management practices are required. Policy 6.1.2.2.: The City shall continue to maintain land development regulations to ensure that: a. Site plans for new development identify the location and extent of wetlands located on the property; b. Site plans provide measures to assure that normal flows and quality ofwater will be provided to maintain wetlands after development; c. Where alteration of wetlands is necessary in order to allow reasonable use of property, either the restoration of disturbed wetlands will be provided or additional wetlands will be created to mitigate any wetland destruction; d. Land Alteration or development-within the proposed Loxahatchee Slough restoration area (ecosite) or the adjacent lands within the Loxahatchee watershed are consistent with SFWMD policies for water quality and quantity and SFWMD plans for modifying the hydroperiod and water levels in the area; CONSERVATION 6-2 e. Proposed developments comply with the Well field Protection Program adopted by the county; and f. Site plans identify floodplain areas and incorporate appropriate flood mitigating measures that comply with regulations promulgated by the Federal Emergency Management Agency Flood Insurance Program. Policy 6.1.2.3.: The City shall require the review of all proposed wetlands development with the Florida DEP, SFWMD, TCRPC, and the U.S. Army Corps of Engineers to ensure compliance with dredge and fill permitting processes. Policy 6.1.2.4.: Through the continued implementation of land development regulations, the City shall ensure that new developments are designed in such a manner as to minimize the impact of such developments on the quality of surface and ground water resources, and to further ensure that new developments do not exceed the capacity levels for potable water andor sanitary sewer services. Policy 6.1.2.5.: The City shall continue to encourage the placement of a salinity dam in the tidal ditches along RCA Boulevard to prevent salt water intrusion into the shallow aquifer. Policy 6.1.2.6.: The City shall continue to maintain land development regulations to ensure such regulations are consistent with and implement the county Wellfield Protection Program. Policy 6.1.2.7: By implementing the provisions of the county Wellfield Protection Ordinance, the City shall continue to ensure that no new uses are established within the zones of influence of existing or proposed wellfields that could adversely affect the quality of water resources in the water recharge area. The City shall also ensure that new potable water wells and wellfields alt: located in areas where no regulated materials (e.g. hazardous or toxic materials) are used, handled, stored or produced within the projected zones of influence of such wells or wellfields. Policy 6.1.2.8: The City shall cooperate with the SFWMD and Palm Beach County in their efforts in restoring the Loxahatchee Slough and managing the Loxahatchee Slough Sanctuary. The City in conjunction with the SFWMD and Palm Beach County, shall review any development adjacent to the Sanctuary for possible adverse impact on the Sanctuary during the development approval process. Objective 6.1.3.: The City, in conjunction with Seacoast Utility Authority, NPBCID, and the SFWMD, shall continue to monitor and enforce provisions for monitoring and regulating water use in order to prolong freshwater availability pursuant to land development regulations. Policy 6.1.3.1.: The City shall provide technical assistance to and cooperate with the SFWMD in preparing and adopting an emergency water management conservation plan. Policy 6.1.3.2.: The City shall continue to maintain land development regulations which require CONSERVATION 6-3 water conservation strategies which are consistent with programs promulgated by the Seacoast Utility Authority, NPBCID, and SFWMD, and other viable programs such as: a. Wastewater reuse for irrigation if economically feasible; b. Separate metering for irrigation with potable water; c. A reduction in use of potable water for irrigation; and d. A more efficient operation of irrigation systems including the incorporation of such devices as soil water tensiometers and xeric landscaping where appropriate. Policy 6.1.3.3.: The City shall cooperate with the SFWMD in developing and implementing programs for the further education of the public regarding various methods of water conservation at the household and small business level. Objective 6.1.4.: The City shall continue to maintain land development regulations to ensure the control of soil erosion. Policy 6.1.4.1 .: The City shall continue to maintain land development regulations which implement Palm Beach County Soil and Water Conservation District guidelines on development activities and land clearing. Policy 6.1.4.2.: All commercial mining practices shall be prohibited throughout the incorporated area of the City. Objective 6.1.5.: The City shall continue to maintain land development regulations to ensure that all ecological communities, wildlife, and marine life, especially endangered and rare species, are identified, managed, and protected. Policy 6.1.5.1.: The City's land development regulations will continue to ensure that: a. All endangered and threatened plant, animal and marine populations are protected; b. Habitat of critical value to regional populations of endangered and threatened species is preserved; c. Nuisance and invasive exotic vegetation (Le. Brazilian Pepper and Melaleuca) is removed by the developer at the time of development or redevelopment of a site; and d. Removal of native vegetation is minimized in the land development process; and, where it is economically feasible, removed material is relocated on site. e Environmental Assessments are provided for any land development/alteration proposal or CONSERVATION 6-4 properties containing environmentally sensitive lands. Policy 6.1 52.: Development orders and permits for development and redevelopment activities shall be issued only if the protection and conservation of wildlife, marine life and natural systems are ensured consistent with the goals, objectives, and policies of this Comprehensive Plan. Policy 6.1.5.3.(a): The City shall continue to cooperate with the SFWMD, and Palm Beach County, through the exchange of technical information and informal coordination, in order to make a concerted effort to protect and conserve unique vegetative communities that exist in the Loxahatchee Slough area and which fall under multiple local jurisdictions. Further, the City shall assist in the Loxahatchee Slough ecosite’s protection by designating it with Conservation land use, and assisting with management activities. Policy 6.1.5.3.(b): The City shall cooperate with Palm Beach County in the management of the Frenchman’s Forest ecosite. This cooperation shall include designating the ecosite as Conservation land use, entering into an interlocal agreement to assume operational and public safety activities, assisting in environmental education programs, and locating a city-operated nature center on the property. Policy 6.1.5.4: The City shall maintain land development regulations containing specific standards and guidelines for the protection of environmentally sensitive lands containing one or more of the following: a. b. C. d. e. f. g. h. 1. j. A habitat of critical value to regional populations of threatened and endangered species; A rare and unique upland community such as coastal scrub; Functioning and jurisdictional wetlands and deepwater habitats; Any part of the Loxahatchee Slough Sanctuary; Sites of historical or archaeological significance; Xeric hammock or xeric scrub; Tropical hammock; Low hammock, temperate hammock, or mesic hammock; Mixed hardwood swamp or hydric hammock; Pond apple slough; CONSERVATION 6-5 k. 1. m. n. 0. P. 9. r. Cypress swamp; Freshwater marsh; Mangrove swamp; Oak forest; Pine flatwoods, mesic and hydric; Scrubby flatwoods; Coastal dune and strand; Wet prairie; Native habitats other than those listed above may also be designated as environmentally significant if they are actively used by or likely to support or contain U.S.- listed endangered, or threatened species and/or state listed endangered or threatened species, or species of special concern; Policy 6.1.5.5.: The City shall require that an environmental assessment be prepared prior to alteration of the land consistent with the provisions of the Natural Resources and Environmentally Significant Lands section of the land development regulations. Policy 6.1.5.6.: To ensure protection of environmentally sensitive areas and listed species, the City shall implement the following criteria either in combination or singly for any proposed alteration of lands designated as environmentally significant pursuant to Comprehensive Plan Policy 6.1.5.4: 1. The project design provides for the protection and preservation of the most valuable or unique existing natural resources, listed species, and environmentally significant lands on site; 2. If no listed species have been determined to exist on the site, or on-site preservation would yield a preserve area that is less than the preferred minimum of ten acres or unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to the City Council is implemented; CONSERVATION 6-6 .. f3.&-Wamp&m46+k@3& akt-t;tt.ttf+.site. -P%H33 .. , I -&M*:4k&W*FF&&l*eK-, I I, I t~~~~l~.--Offft~~~~ti~~~uft~~ .. .I .. -- .. .. .r >, .. 3. Thc City shall continue to rcquirc, through thc Land Dcvcloptnent Rcgulations, that all development with significant - environmental impacts, including agricultural development, set aside as prcserve arcas a minimum of25 pcrccnt ofthc total upland native plant communities ~- on site. The 25 percent set-aside shall be based on the qiiality and viability of the vegetative ecosystem. The City shall have the option to dcsignate thc portion of the plant community which will be included in the 25 percent set aside. Such set-aside habitat shall be preserved and managed in viablc condition with existing canopy, understory, and ground cover. The City shall, for developmcnt occurring within thc Urban Growth Boundary, have thc option of accepting off-site preservation or a cash payment in lieu of preservation and shall accuniulatc such paynicnts liom developnicnt for thc purchasc and management of off-site upland native plant communities. The Land Development Regulations shall establish criteria - for assessin% tlic cash payment amount and for detcrniiniri; which proiccts-warrant the usc of the cash pavnienl option. A w-operty owner ofaplatted upland preserire shall not be alloued to usc the off-site prescrvation or thc cash payi~~qr~gptjoj to modify ths prescne-. 4a. 4bI Wetland habitats are set-aside as preserves, and development is prohibited in wetlands except under the following circumstances consistent with Treasure Coast Regional Planning Council Policy 6.6.1.1): 1) Such an activity is necessary to prevent or eliminate a public hazard; 2) Such an activity would provide direct public benefit which would exceed those lost as a result of the modification; 3) Such an activity is proposed for habitats in which the functions and values currently provided are significantly less than those typically associated with such habitats and cannot be reasonably restored; 4) Due to the unique geometry of the site, it is the unavoidable consequence of development for uses which are appropriate given site characteristics, or; Wetlands shall be protected by a density transfer program to upland areas. Where development occurs within wetlands, the developer must mitigate the function and value of those wetlands. Development activities shall occur at a density ofno more than one dwelling unit per five acres in the urban area and one dwelling unit per twenty acres in the rural area, CONSERVATION 6-7 shall be clustered to the least environmentally sensitive portion of the site and shall include design considerations to protect the wetland functions of the rest of the site. Consistent with SFWMD regulations, a minimum 15-fOOt upland buffer composed of native vegetation shall be preserved or established around wetland areas. 5. For a site on which listed which listed species are known or suspected to be present, one of the following criteria shall be satisfied: 1. It shall be successfully demonstrated that the proposed land alteratioddevelopment activity will not preclude the continued survival and viability of those listed species located on site; or 2. A plan for relocation, either on-site or off-site, for those listed species, shall be approved by all appropriate agencies. Policy 6.1 57: Public/Institutional buildings shall be prohibited in the Conservation land use designation and within other environmentally sensitive lands, including wetlands, 1 00-year floodplains, groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife habitats. Objective 6.1.6.: By 1992, the City, in conjunction with the SWA, shall develop a hazardous waste management program for the proper storage, recycling, collection and disposal of hazardous wastes. Policy 6.1.6.1.: The City shall work closely with and seek technical assistance from the DEP and SWA in identifjmg small quantity hazardous waste generators in the City and in developing the program for the proper disposal of such hazardous waste. Policy 6.1.6.2.: The City shall cooperate with the SWA in sponsoring Amnesty Days to collect household hazardous waste for proper disposal. Objective 6.1.7.: The City shall continue to maintain land development regulations and development policies to ensure the provision of conservation measures on newly annexed lands in accordance with the goals, objectives, and policies of this Comprehensive Plan. Policy 6.1.7.1.: The City shall review the master development plans of all subdivisions approved by the county but later annexed by the City for the provision of conservation/ preservation areas as required by the original development order. Policy 6.1.7.2.: Where development orders granted by another governmental agency are silent, the comprehensive plan, land development regulations, and policies of the City of Palm Beach Gardens shall apply. Objective 6.1.8.: Prior to the issuance of any development orders for that area included in the CONSERVATION 6-8 Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan, the plan for all or a part of the Parkway System shall be implemented by the City. Policy 6.1.8.1.: The City shall continue to maintain land development regulations to ensure the implementation and design of the Parkway System. Policy 6.1.8.2.: The parkways shall be designed, developed and maintained to serve a multitude of functions including: a. b. C. d. e. f. g. h. i. Preservation of significant native ecological communities in greenways along the City’s major corridors; Separate bicycle and pedestrian circulation through and between land uses within and adjacent to the areas included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan; Mitigation areas for natural areas disturbed elsewhere within the area included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan, where applicable; The buffering of adjacent roadways, land uses and developments, where applicable; and The provision of public access to the restored Loxahatchee Slough, where applicable. Preserve urban beauty through right of way landscaping requirements; Provide residents with a safe and multi-use pathway system which is recognized as an urban component of the Florida Greenways System; Eliminate a perceived need for using strip commercial as a buffer between arterials and residential areas; and The phasing of the establishment of the parkways shall, at a minimum, be relative to the phasing of development in the area included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan. Objective 6.1.9.: The City shall maintain land development regulations which, in conjunction with the efforts of other regulatory agencies having jurisdiction, shall ensure the protection and preservation of native habitats, and maximize the provision of open space for this purpose. Policy 6.1.9.1.: regulations with specific reference to conservation and preservation land area requirements. The City shall maintain open space requirements in the land development CONSERVATION 6-9 Policy 6.1.9.2.: The City shall endeavor to "collect and concentrate" open space conservation areas to amass significantly large land areas that will be left in their natural settings for public dedication and use through land development regulations. Policy 6.1.9.3.: Through the site plan and subdivision review process, the City shall endeavor to connect open space and conservatiodpreservation areas with the Parkway System wherever possible. Policy 6.1.9.4.: The City shall require all developers to identify all conservatiodpreservation areas and submit all appropriate information to regulatory agencies. Policy 6.1.9.5: The City shall maintain the following minimum requirements to all required preserve areas for environmentally significant lands. (1) Lands to be set aside in preserve areas shall be: a. b. C. d. e. f. g. h. 1. j. Identified based on the quality of habitats, the presence of listed species, proximity to other natural areas and other relevant factors. Preserved in viable condition, with intact canopy, understory, and ground cover, and maintained without infringement by drainage or utility easements. Platted as separate parcels of land. Of highest quality, capable of functioning within itself or in conjunction with manmade features. Clearly defined, protected and managed in such a way that it serves a purpose to the communities around it. Contiguous, wherever possible, to an adjacent preserve, public park, school site, or human-made open space or combination thereof. Maintained as large open or green areas with the intent of preserving large areas to promote self-sustaining, balanced plant growth, biodiversity, and wildlife enhancement and shall be connected with other preserve areas to conceptually function as wildlife corridors. One-hundred-percent protected from alteration during site construction. Compact in nature, avoiding strip or noncontiguous patterns and arranged in a continuous fashion where possible. The use of preservation areas as long, narrow buffers is discouraged. Protecting and preserving of all endangered and threatened plant, animal and marine CONSERVATION 6-1 0 populations and the habitat of critical value to regional populations of endangered and threatened species. k. Consistent with South Florida Water Management District regulations, such that a minimum 15-fOOt upland buffer composed of native vegetation shall be preserved or established around wetland areas landward from the edge of the wetland in all places and shall average 25 feet of width from the landward edge of the wetland. 1. Cleared of invasive nonnative vegetation (e.g., Brazilian pepper, Australian pine and Melaleuca), except as otherwise authorized by the city, by the developer at the time of development or redevelopment of a site. Lands that are set aside in a preserve status may be included in open space calculations for purposes of meeting open space requirements of the city's planned community district or planned unit development ordinances if the canopy, understory, and ground cover vegetation are left intact. However, such preserved lands shall not make up more than 50 percent of the total required open space, unless it is determined by the city council that a greater portion of the required open space should consist of preserved area because of special site constraints or preservation opportunities. (2) Alteration within the preserve shall require City approval, and shall be limited to: 1. The construction of boardwalks, pervious walkways, and other passive recreational or educational facilities. 2. The construction of firebreaks, fire lanes, or fence lines and the removal of invasive nonnative species and their replacement with native species. The use of native plant communities, existing roads and trails, etc., as firebreaks is preferred to the construction of new access roads or fire lanes, which would result in the introduction and spread of invasive nonnative plant species. 3. Primary public/institutional buildings shall be prohibited in the conservation land use designation and within other environmentally sensitive lands, including wetlands, 1 00-year floodplains, groundwater aquifer recharge areas, areas set aside by the development to meet the 25-percent preservation of native ecological communities and wildlife habitats, unless otherwise approved by the city council. Policy 6.1.9.6: The City shall maintain the following minimum requirements to require a management plan for all preservation areas andor conservation lands. a) A management plan of the preserve area and/or any other conservation areas within the city shall include but not be limited to long-term protection of the preserve/conservation area, continued removal of and protection from litter and debris, avoidance of activities or land alteration which may CONSERVATION 6-1 1 disturb the preserve area, eradication and continued monitoring and removal of invasive nonnative plant species, control of off-road vehicles, and maintenance of hydrological requirements. Periodic prescribed burning or other mechanical methods that would simulate the natural processes of the natural historic fire regime may be required for some areas. b) Each management plan shall be approved, pursuant to Comprehensive Plan Policies and land development regulations by the department, before final approval of construction drawings or commencement of land alteration, whichever occurs first, andor incorporation into the city as a conservation area, open space, greenway, or wildlife corridor. (c) Deed restrictions. (1) For those lands identified for preserve status, appropriate deed restrictions shall be placed on the lands and recorded in the public records of the county, or they may be dedicated to a public entity or approved private conservation group for the purposes of preservation, or appropriate restrictive conservation easements granted in perpetuity may be established, or such other similar protective measures may be established, as determined by the city council, upon completion of all review processes. (2) A conservation easement shall be established for a preserve area on a single-family residential lot five acres or greater in size. The deed restriction or conservation easement shall be dedicated to the appropriate entity, such as the property owners association, or a state or local government or agency. (d) The perpetual maintenance and protection of designated preserve areas shall be established by a legally binding, recorded instrument. Policy 6.1.9.7: The City shall provide for a voluntary density bonus program for land use designations of residential high (RH) to permit densities up to 15.0 units per gross acre, based on one additional unit of density allowed for every ten percent of native ecological habitat put into a preserve within the planned community district (PCD) up to a maximum of 15.0 units per gross acre. These preserve areas shall be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements. Policy 6.1.9.8: The City shall maintain in the land development regulations requiring the removal of invasive nonnative species from preserve areas and development tracts. CONSERVATION 6-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 9,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CONSERVATION ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO THE PROTECTION OF ENVIRONMENTALLY SENSITIVE AREAS AND LISTED SPECIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens authorized the staff to initiate comprehensive plan amendments necessary to effectuate the City’s economic development goals and objectives; and WHEREAS, the proposed amendment to the Conservation Element furthers the goals, objectives, and policies of the recently-adopted Economic Development Element; and WHEREAS, on February 8, 2005, the Planning, Zoning, and Appeals Board, sitting as the duly constituted Local Planning Agency for the City, recommended approval of this amendment to the Conservation Element of the Comprehensive Plan of the City; and WHEREAS, the City Council finds that the subject amendment is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council finds that the subject amendment is consistent with Sections 163.31 84 and 163.31 87, Florida Statutes; and WHEREAS, the City Council acknowledges that this amendment is subject to the provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City shall maintain compliance with all provisions thereof; and WHEREAS, the City has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.31 81, Florida Statutes; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 14,2005 Ordinance 9, 2004 SECTION 2. The Conservation Element of the City’s Comprehensive Plan is hereby amended to read as follows: Def i n i tions : LISTED SPECIES - Those species desiqnated as endanqered, threatened, or of special concern . PROTECTED - Refers to official federal, state, or international treaty lists which provide leqal protection for rare and endanqered species. THREATENED SPECIES - Species that are likelv to become endangered in the state within the foreseeable future if current trends continue. This categow includes: (1) species in which most or all populations are decreasinq because of over-exploitation, habitat loss, or other factors; (2) species whose populations have alreadv been heavily depleted by deleterious conditions and which, while not actually endangered, are nevertheless in a critical state; and (3) species which may still be relativelv abundant but are beinq subiected to serious adverse pressures throuqhout their range. ECOSYSTEM - An assemblaqe of living organisms (plants, animals, microorqanisms, etc.) and nonlivinq components (soil, water, air, etc.) that functions as a dvnamic whole through orqanized energy flows. ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to as listed species) - Plant and animal species listed as endangered, threatened, or of special concern by one or more of the following aqencies: 1. 2. 3. 4. Florida Department of Aqriculture 5. U. S. Fish and Wildlife Service Florida Game and Fresh Water Fish Commission Florida Committee on Rare and Endangered Plants and Animals Treasure Coast Reqional Planninq Council Policy 6.1 S.6.: To ensure protection of environmentally sensitive areas an6 listed species, the City shall implement the following criteria either in combination or singly for any proposed alteration of lands designated as environmentally significant pursuant to Comprehensive Plan Policy 6.1 5.4: 1. The project design provides for the protection and preservation of the most valuable or unique existing natural resources, listed species, and environmentally significant lands on site; 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 14,2005 Ordinance 9.2004 2. If no listed species have been determined to exist on the site, or on-site preservation would yield a preserve area that is less than the preferred minimum of ten acres or unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to the City Council is implemented; %. 3. The Citv shall continue to require, through the Land Development Regulations, that all development with siqnificant environmental impacts, including aqricultural development, set aside as preserve areas a minimum of 25 percent of the total upland native plant communities on site. The 25 percent set-aside shall be based on the quality and viabilitv of the vegetative ecosystem. The Citv shall have the option to desiqnate the portion of the plant communitv which will be included in the 25 percent set-aside. Such set-aside habitat shall be preserved and manaqed in viable condition with existinq canopy, understow, and around cover. The Citv shall, for development occurrinq east of the Urban Growth Boundarv, have the option of acceptinq off-site preservation or a cash pavment in lieu of preservation and shall accumulate such payments from development for the purchase and management of off-site upland native plant communities. The Land Development Regulations shall establish criteria for assessing the cash pavment amount and for determining which proiects warrant the use of the cash payment option. A propertv owner of a platted upland preserve shall not be allowed to use the off-site preservation or the cash pavment option to modifv the preserve area. ... 3 F " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 14,2005 Ordinance 9,2004 SECTION 3. The City's Growth Management Administrator is hereby directed to transmit the proposed Comprehensive Plan Amendment and supporting data, analysis, and other relevant material, which is attached hereto as Exhibit A, to the Department of Community Affairs of the State of Florida and other appropriate public agencies, and upon adoption of this Ordinance is further directed to ensure that this Ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies in accordance with Section 163.31 84(3), Florida Statutes. SECTION 4. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.31 84( 1 )(b), Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the local government adopts a resolution affirming its effectiveness in the manner provided by law. (The remainder of this page left intentionally blank) 4 - c Date Prepared: January 14,2005 Ordinance 9.2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of , 2005, upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney AGAINST ABSENT G:\attorney-share\ORDINANCES\COMP PLAN - text amd - conservation element - ord 9 2005.doc 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 22,2004 Meeting Date: February 17,2005 Petition CP-04-13 Ordinance 4.2005 Subject/Agenda Item: Petition CP-04-13: Text Amendment to the Future Land Use Element First Reading and Transmittal: A City-initiated request for a Comprehensive Plan text amendment to the Future Land Use Element primarily to clarify the intent of the Mixed-Use land-use category as a land-use designation that integrates a combination of land-use categories within one planned development to encourage development that will expand the economic base of the City. [XI Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Planning & Zoning Director Growth Management: Manager Kara Irwin, Senior Planner City Attorney Christine Tatum Growth Management 78 Administrator: Action: [ ] Quasi - Judicial $F -- [XI Legislative [XI Public Hearing Charles K. Wu, AICP Date: 2/3/2005 Paper: Palm Beach Ronald M. Ferris Post City Manager Affected Parties: [ ] Notified [X ] Not Required Finance: costs: N/A Total N/A .- Current FY Funding Source: [ ] Operating [XI Other Budget Acct.#: NIA City Council Action: [ ]Approved [ 3 App. wl conditions [ ] Denied [ ] Continued to: Attachments: . Public Notice . Amended Goals, Ordinance 4, 2005 Objectives, Policies Date Prepared: November 22,2004 Meeting Date: February 17,2005 Petition CP-04-13 Ordinance 4,2005 Page 2 of 10 BACKGROUND: On November 18, 2004, the City Council of the City of Palm Beach Gardens authorized staff to initiate comprehensive plan amendments necessary to effectuate the City’s economic development goals and objectives. Based on this direction, staff has initiated a review of the Future Land Use Element of the City’s Comprehensive Plan in order to facilitate and encourage the diversification of the City’s economic base. On January 6, 2005, the City approved an amendment to the City’s Comprehensive Plan to include an Economic Development Element. The intent of the Economic Development Element is to encourage and initiate proactive efforts to expand the economic base of the City, in order to provide for value-added employment opportunities for City residents, and to make the City a sustainable community where residents can live, work, learn, and play. In October 2003, The Scripps Research Institute (TSRI) announced the co-location of its operations with the intentions to create a biomedical science, research and development technology base in Palm Beach County. Recognizing the monumental positive economic, social and cultural impacts and the projected economic returns of this investment to the community, the City has evaluated the City’s vacant parcels east of the Urban Growth Boundary (UGB) to determine the development potential of the properties as Research and Development uses. It has been determined that the City’s Mixed-Use (MXD) land-use designation is the most appropriate category to encourage the development of sustainable research and development parks within the City. The Mixed-Use designation helps to create communities that utilize complementary land uses, provide for internal capture of traffic, pedestrian networks throughout the development, and utilize development standards that are sensitive to the surrounding areas. These amendments clarify the intent of the Mixed-Use land use designation to foster the integration of uses, by clarifjmg that Public / Institutional (P) uses are permissible in the MXD category. SUMMARY OF CHANGES TO THE FUTURE LAND USE ELEMENT Policy 1.1.1.7.: The City shall ensure the availability of suitable land for public and institutional uses (as defined on page 1-3) necessary to support development by: 1. Designating land on the Future Land Use Map for public/institutional use. The City shall support and facilitate coordination of school planning with the School District of Palm Beach County for the location and development of public education facilities. The City shall identify sufficient land to accommodate Public Educational Facilities as necessary to serve the current and projected student population. At a minimum, proposed school sites shall meet the State Requirements for Educational Facilities (SREF), plus a ten percent capacity flexibility allowance, and shall be sized to accommodate all needed utilities, support facilities and adequate buffering of surrounding land uses. Date Prepared: November 22,2004 Meeting Date: February 17,2005 Petition CP-04-13 Ordinance 4,2005 Page 3 of 10 2. Allowing public/institutional uses in certain land use categories subject to limitations and locational criteria as identified in this Plan. Such locational criteria shall include the following standards: (a) Public/Institutional buildings shall be specifically prohibited in areas designated as Conservation and other environmentally sensitive lands, including wetlands, 1 00-year floodplains, groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife habitats. New or Expanded Public/Institutional Facilities shall not be encouraged within the coastal area and shall meet the requirements of the Coastal Management Element. (b) Public/Institutional Uses shall be located in areas where there are adequate transportation facilities to support the proposed use based on the adopted level of service standard for traffic circulation. Preference shall be given to the location of such uses and facilities along City collectors and arterials as may be appropriate. (c) Public/Institutional Uses shall be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 50 feet, unless the property is specifically designated as Mixed-Use, in which case the Mixed Use designation shall set forth the specific development regulations including, but not limited to maximum heicrht and lot coverage for Public/Institutional Uses. (d) Schools shall be considered as compatible and allowable in areas designated with any residential land use category (RR20, RRlO, RVL, RL, RM, RH). Further, schools shall be considered public/institutional uses and be allowable within areas designated industrial (IND) and public/institutional (P) on the Future Land Use Map. Other institutional uses such as, libraries, fire stations and government offices shall be considered compatible in medium and high density residential areas and all non-residential land use categories in which such uses are not specifically prohibited as cited in this comprehensive plan. Publdinstitutional uses may be permitted within all residential Planned Unit Developments and Planned Community Districts, subject to master plan approval and limitations and locational criteria as identified in this Plan. (e) Public/Institutional Uses shall be buffered from adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare and lights shall be provided. Setbacks shall be a minimum of 25 feet in the front, 15 feet in the sides and rear and buffers shall be a minimum of 5 feet. Date Prepared: November 22,2004 Meeting Date: February 17,2005 Petition CP-04-13 Ordinance 4,2005 Page 4 of 10 Buffers and setbacks may be increased depending on the characteristics of the proposed public/institutional use. Stadiums, outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Communication towers on school or other public property shall be consistent with the siting and safety criteria contained in the Land Development Regulations and shall require City Council approval. (f) Landfills, airports, wastewater treatment plants, universities and regional hospitals shall not be allowed in residential areas and shall require a comprehensive plan amendment to the Publichstitutional (P) land use designation prior to zoning and site plan approval, unless specificallv designated as Mixed-Use with an allocation for Publichstitutional Uses. (g) Public/Institutional sites shall be capable of accommodating adequate parking and onsite traffic circulation requirements to satis@ current and projected site-generated vehicular demand. Staff Com m en t: The Mixed-Use (MXD) designation is designed for new development which is characterized by a variety of integrated land-use types, including Public/Institutional Uses. while the Mixed-Use land- use designation permits Public/Institutional Uses, the literal interpretation of the existing Policy I. 1. I. 7 would require a comprehensive plan future land-use amendment to change the existing land- use designation from Mixed-Use (MAD) to Public Institutional (P), contrary to the purpose and intent of a MXD land use that should have a complementary range of uses. The proposed language will clarifi that a non-residential mixed-use development is permitted to have an allocation for Public/Institutional uses, as provided for in Policy I. I. 1.3, without requiring a land-use amendment to Public/Institutional (P). The intent of the policy is met by allowing Public/Institutional Uses to be maintained in the Mixed- Use land-use designation. The text amendment will encourage the inclusion of Public/Institutional uses within mixed-use developments to create the diversification of uses intended by the Comprehensive Plan. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN The proposed text amendment is consistent with the overall intent of the Goals, Objectives, and Policies contained within the City’s Comprehensive Plan. Additional amendments are being proposed concurrently with the proposed text amendment, including amendments to the Future Land Use Map (map amendment), Conservation Element, and the Capital Improvements Element. The proposed text amendment provides for internal consistency within the City’s Comprehensive Plan and accommodates the uses that may be included in the project for the City-initiated Future Land Use Map Amendment for the Briger Tract. Date Prepared: November 22,2004 Meeting Date: February 17,2005 Petition CP-04- 13 Ordinance 4,2005 Page 5 of 10 A. OBJECTIVE OF PROPOSED CONCURRENT AMENDMENTS Future Land Use Map Amendment The City has initiated a request for a large-scale land use map amendment to modify the current land- use designation of a 708-acre site from Residential Low (RL) and Commercial (C) to the land-use designation of Mixed Use (MXD). The property consists of five separately owned parcels, collectively referred to as the Briger Tract. It is generally bounded by Hood Road to the south; San Michelle residential community, the Benjamin School, and the Legends at the Gardens mixed use development to the east; Donald Ross Road and Abacoa DRI to the north; and the Ronald Reagan Turnpike and Eastpointe residential community to the west. The site is bisected into two separate areas by Interstate 95 (FDOT State Road No. 9). This proposed City-initiated petition is based on the City Council’s direction to staff to prepare a land use change as a result of a City-wide economic development initiative to diversify the City’s tax base. The initiative recognizes the need to provide more opportunities within the City for value- added employment, given the lack of vacant land remaining in the City to achieve this goal. The proposed future land-use change is also being initiated as a result of The Scripps Research Institute (TSRI) Alternative Sites Analysis which was conducted by Palm Beach County in August, 2004. In this study, the Briger Tract was identified as one of the five alternative sites should TSRI not locate on the originally selected Mecca Farms Site. On September 1, 2004, the City Council passed Resolution 19 1,2004, which recommended the Briger site as the most viable alternative site of the previously selected sites. The City Council stated in the Resolution that the Briger Tract would provide the most optimal environment and best alternative site for Scripps, Florida, recognizing the value and close proximity of the Abacoa DRI located immediately north of the site in the Town of Jupiter. Capital Improvement Element Amendment The Capital Improvements Element (CIE) text amendment is primarily to revise and update the 5- year Capital Improvements Program to be consistent with the current CIP and City budget. The amendments also include minor changes to accommodate the Briger Tract Future Land Use Map amendment. Staff has reviewed the goals, policies and objectives within the CIE and has proposed deletions and additions to make them consistent with the proposed map amendment and the rest of the Comprehensive Plan. Staff has also updated the Capital Improvements Program to reflect current data based on the current City budget. Conservation Element Amendment Date Prepared: November 22,2004 Meeting Date: February 17,2005 Petition CP-04-13 Ordinance 4,2005 Page 6 of 10 A City-initiated request for a Comprehensive Plan Text amendment to the Conservation Element will provide certain definitions and clarify alternative methods for ensuring protection of environmentally sensitive land during the development review process. This amendment will clarify that the City may approve either off-site mitigation or payment in lieu of preservation under appropriate circumstances. B. CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WITHIN THE CITY’S COMPREHENSIVE PLAN The proposed Future Land Use Element amendment is consistent with the Goals, Objectives, and Policies within the City’s adopted Comprehensive Plan. Examples of some of the goals, objectives, and policies, which are consistent with and furthered by the proposed amendment, are listed below. Economic Development Element: GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT NATURAL RESOURCES. Staff Comment: On January 6, 2005 the City Council adopted the Economic Development Element. The Element signals the City ’s commitment to successful economic development. The goal of the Economic Element is to achieve a balanced and divers8ed economy compatible with the built environment. The proposed land-use map change will advance this goal by allowing Research and Development uses on the last remaining large vacant site east of the Urban Growth Boundary (UGB) that is available and appropriate for these uses. Currently, the City has a high percentage of residential uses and is in need of those land-uses recognized by the Economic Development Element that willprovide value-added employment. The proposed text amendment will permit the inclusion of public/institutional uses within Mixed-Use development without the requirement of an additional land-use amendment. Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such as biotechnology, communications, information technology, medical products, marine biology, aerospace research, and associated ancillary businesses. Staff Comment: The text amendment will allow for Public/Institutional Uses such as research clinics and universities that will promote the cluster industries by permitting accessory type uses. The availability of sites within the City that can currently accommodate these listed uses is limited because most of the City is built-out. Furthermore, the existing vacant parcels that have an existing land-use designation to Date Prepared: November 22,2004 Meeting Date: February 17,2005 Petition CP-04-13 Ordinance 4,2005 Page 7 of 10 accommodate these uses are extremely limited. The proposed text amendment will allow for uses desirable to attractor industries to be located within the City. Future Land Use Element Policy 1.1.1.7: The City shall ensure the availability of suitable land for public and institutional uses (as defined on page 1-3) necessary to support development by: (a. through g. omitted for brevity) Staff Comment: The Mixed-Use land-use designation promotes the integration of uses to reduce the impacts of development. The ability to include public/institutional uses within mixed-use development further promotes diversijkation of the Mixed- Use land-use category and encourages development by industries that rely upon those uses as accessory, but integral to their industry. The amendment will ensure that Public /Institutional (P) uses are provided within projects with an MXD designation. Conservation Element GOAL 6.1.: THE NATURAL RESOURCE OF THE CITY OF PALM BEACH GARDENS SHALL BE PRESERVED OR MANAGED IN A MANNER WHICH MAXIMIZES THEIR PROTECTION, FUNCTIONS, AND VALUES. Objective 6.1.9.: The City shall maintain land development regulations which, in conjunction with the efforts of other regulatory agencies having jurisdiction, shall ensure the protection and preservation of native habitats, and maximize the provision of open space for this purpose. Policy 6.1.9.1.: The City shall maintain open space requirements in the land development regulations with specific reference to conservation and preservation land area requirements. Policy 6.1.9.2.: The City shall endeavor to ttcollect and concentrate" open space conservation areas to amass significantly large land areas that will be left in their natural settings for public dedication and use through land development regulations. Staff comment: The Mixed- Use designation furthers the goals, objectives, andpolicies that encourage a high quality living environment through balancing the preservation areas with development. The policies encourage the use of clustering development to promote large tracts of conservation and the encouragement of infill through incentives created by waiving strict development standards. The mixed-use land use designation standards outlined in Policy 1.1.1.3provide for maximum flexibility through the development of sites as Planned Unit Developments (PUD) or Planned Community Districts (PCD). The proposed amendments is supported by these goals, objectives, andpolicies as Date Prepared: November 22,2004 Meeting Date: February 17,2005 Petition CP-04-13 Ordinance 4,2005 Page 8 of 10 they clarifi the intent of the mixed-use criteria as a tool to promote infill that maintains the City’s existing natural resources. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN: The proposed land-use amendment is consistent with the overall Treasure Coast Regional Planning Council’s Strategic Regional Policy Plan as demonstrated by the following goals: Regional Goal 2.5 -Future growth which results in the creation ofneighborhoods and communities, and not in isolated patterns of development. Staff Comment: The inclusion of Publidlnstitutional (P) Uses within the Mixed-Use designation provides additional uses that add value to the community. The mixed-use development scenario, with its blend of worl$orce housing and research and development uses, can be coupled with existing neighborhoods to bring together more closely the daily activities of living, working, learning, shopping, and playing. Regional Goal 3.6 - Diversification of the year-round economy and establishment of an economic climate that will allow the Region to compete effectively in the global economy. Staff Comment: The proposed text amendment is consistent with this Regional Policy goal by providing opportunities that attract industries to the site, thus promoting an economic climate that will allow the Region to compete effectively in the global economy. CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN SUB-OBJECTIVE 1.2.1 Planned Development - Palm Beach County shall encourage the development of a variety of innovative types of mixed-use projects. Policy 1.2.1-a: Palm Beach County shall encourage the development of a variety of innovative types of mixed-use projects, including, but not limited to: 1. Traditional Marketplace Development; 2. Traditional Neighborhood Development; 3. Mixed-Use Planned Development; 4. Planned Industrial Park Development; and, 5. Traditional Town Development. All proposed mixed-use projects must demonstrate that the future land uses to be included on site are functionally integrated, and must be able to meet all level of service standards and all relevant criteria, as stated in the Unified Land Development Code. ... Date Prepared: November 22,2004 Meeting Date: February 17,2005 Petition CP-04-13 Ordinance 4,2005 Page 9 of 10 Mixed-Use Planned Development (MXPD) Policy 1.2.14: A Mixed-use Planned Development shall include an integrated mix of residential uses, open space, high intensity commercial uses, and institutional uses. At a minimum, 5 1% of the development shall be residential. Uses may be integrated vertically or horizontally. Horizontal integration shall be planned in such a way that a variety of uses front onto and share common areas designed to provide an amenity to all uses within the development. These uses may be allowed in the areas designated: 1. Commercial High or Commercial High-Office; or 2. High Residential 12 or High Residential 18, if located at an intersection or adjacent to a Commercial High future land use designation. Staff comments: The County’s Comprehensive Plan promotes Mixed-Use development to create sustainable communities. Mixed-Use development, with its blend of worybrce housing and research and development uses, can be coupled with the existing neighborhoods to ensure the interaction between uses, bringing together more closely our daily activities of living, working, learning, shopping and playing. This amendment ensures that Public /Institutional (P) uses will be included. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida Statutes) Land Use - In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner; enhance the livability and character of urban areas through the encouragement of an attractive mix of living, working, shopping, and recreational activities. Staff Comment: The proposed text amendment is specifically designed to encourage a project with a mixture of uses to allow for living, working, shopping and recreation activities by providing the opportunity for specijk accessory uses important to certain industry. The Mixed-Use land-use designation has been applied to parcel east of the exiting Urban Growth Boundary (UGB) in order to encourage development within the urban service area of the City, and it is an important infill designation for the City. The text amendment is therefore consistent with the State’s goal to direct and encourage growth to areas that have urban services that can accommodate growth in a fiscally and environmentally acceptable manner, and is consistent with the State ’s policy to encourage a mixture of uses to enhance the livability and character of a community. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS: Date Prepared: November 22, 2004 Meeting Date: February 8, 2005 Petition CP-04-13 Page 10 of 10 On January 7, 2005, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) was notified of the proposed amendment. Staff has not received any comments to date. LOCAL PLANNING AGENCY On February 8, 2005, the Planning, Zoning, and Appeals Board, sitting as the Local Planning Agency, held a public hearing to review the subject petition and voted 7 to 0 to recommend approval of the subject petition to the City Council. ECONOMIC DEVELOPMENT ADVISORY BOARD On February 10, 2005, the Economic Development Advisory Board voted 6 to 0 to recommend approval of the subject petition to the City Council. STAFF RECOMMENDATION Staff recommends APPROVAL based on the following findings of fact: 0 The proposed text amendment is consistent with the existing Goals, Objectives, and Policies of the City’s Comprehensive Plan; The proposed text amendment is consistent with the existing Goals, Objectives, and Policies of the Treasure Coast Regional Council Strategic Policy Plan; and The proposed text amendment is consistent with the existing Goals, Objectives, and Policies of the State Comprehensive Plan. Staff recommends APPROVAL of Ordinance 4, 2005, which provides for the transmittal of the proposed text amendments to the Future Land Use Element of the City’s Comprehensive Plan. CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT, CAPITAL IMPROVEMENTS ELEMENT, AND CONSERVATION ELEMENT TEXT AMENDMENTS PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on February 17, 2005, at 7:OO Pam., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: ORDINANCE 4,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO PUBLlCllNSTlTUTlONAL PROVIDING AN EFFECTIVE DATE. USES WITHIN THE MIXED-USE LAND USE DESIGNATION; AND ORDINANCE 8,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CAPITAL IMPROVEMENTS ELEMENT OF THE CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN TO INCLUDE PROJECTS WHICH ARE NECESSARY FOR THE CITY TO CONTINUE TO MEET AN EFFECTIVE DATE. ITS ADOPTED LEVEL-OF-SERVICE STANDARDS; AND PROVIDING ORDINANCE 9,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CONSERVATION ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO THE PROTECTION OF ENVIRONMENTALLY SENSITIVE AREAS AND LISTED SPECIES; AND PROVIDING AN EFFECTIVE DATE. All members of the public are invited to attend and participate in said public hearing. All documents pertaining to said Ordinances may be inspected by the public in the Growth Management Department located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:OO a.m. - 500 p.m., except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). Patricia Snider, City Clerk CMC Publication Date: Wednesday, February 2,2005 Notes: Please make the ad at least two columns wide, ten inches long, and the headline no smaller than 18 points. Please note that the advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. FUTURE LAND USE ELEMENT Future Land Use CatePories Future land use for Palm Beach Gardens is depicted using a total of 15 land use categories including general land uses and recommended improvements associated with specific land uses. Map A presents future land uses for Palm Beach Gardens. The map provides for the projected land use needs to the year 20 15. The Future Land Use Map represents a 201 5 land use scenario. The map designates-an urban growth boundary. Urban land uses are designated to the east of this boundary for all areas that are not environmentally sensitive. Western lands are designated with rural or low intensity land uses. The primary reason for this was to provide a long-term positive and realistic expectation of orderly service provision, concurrent with the impact of development. The following is a description of Future Land Use Categories. These categories are further explained and supplemented by the goals, objectives, and policies of this element. Rural Residential (RR10 and RR20): Lying outside of the eastern, urban service area, vacant properties have been designated with one of two rural sub-categories: Rural Residential 10: one dwelling unit per ten acres Rural Residential 20: one dwelling unit per twenty acres Rural areas that are extremely wet are designated Rural Residential 20 to protect the wetland values. The intent of the rural residential designations is to provide low intensity development in these areas while encouraging more intense, compact growth in the eastern areas and to prevent urban sprawl. In the Rural Residential sub-categories, limited agricultural uses are expected to co-exist with residential uses. Agricultural uses permitted within the Rural Residential category must be compatible with the environmental characteristics and natural resources, as well as with the lifestyle and quality of life of the residents. Residential Very Low (RVL): The RVL category allows predominantly single family detached residential development up to 1 .O unit per gross acre. The RVL category is also allows clustered developments which preserve vast amounts of open space and natural resources. Thus, large, planned community areas are permitted within this district even if they contain several types of development so long as the overall gross density of the development is consistent with that permitted under the RVL category. FUTURE LAND USE 1-1 Residential Low (RL): The RL category allows predominantly single family detached residential development up to 4.0 units per gross acre. The RL category is intended to accommodate developments comparable to PGA National, Steeplechase, and the older residential parts of the City. Thus, large, planned community areas are permitted within this district even if they contain several types of development as long as the overall gross density of the development is consistent with that permitted under the RL category. Residential Medium (RM): The RM category is primarily located along the western side of Central Boulevard between PGA Boulevard and Hood Road, and along the 1-95 corridor between PGA Boulevard and Northlake Boulevard. Maximum density permitted within the RM category is 7.0 dwelling units per gross acre. Again, planned community areas may contain residential developments of higher net densities so long as the overall density of the area is consistent with the RM category. Residential High (RH): Property designated RH is intended to assist the private sector in providing affordable housing in Palm Beach Gardens. It allows up to 10.0 dwelling units per gross acre and is primarily located adjacent to major employment areas or contiguous to major arterials which may accommodate mass transit facilities in the future. Mobile Home (MH): The City has not proposed any new mobile home sites on the Future Land Use Map; however, mobile homes parks are a permissible use in mixed use districts. The existing mobile home park located at the northwest comer of PGA Boulevard and Prosperity Farms Road is shown on the Future Land Use Map as a mobile home land use. Maximum density permitted in the MH designation is 7.0 mobile homes per gross acre. Individual mobile homes and manufactured homes are permitted on lots in all residential categories - see Policy 3.1.3.8. Commercial (C): The C designation is intended to accommodate a wide range of retail and general commercial uses. It is a site-specific designation that depicts existing commercial uses and proposes future commercial areas at primary intersections. The specific regulations and uses associated with development within the areas designated C will be determined during the zoning of the properties. Commercial land use activities will be limited in intensity to a maximum lot coverage of 35% of the site and a maximum building height of 50 feet. The land development regulations may further restrict intensities. ProfessionaYOffice (PO): Property designated PO is for future or existing business and office centers. The PO category was included in the plan to distinguish office uses from more intensive commercial uses such as retail. Professional Office land use activities will be limited in intensity to a maximum lot coverage of 35% of the site and a maximum building height of 36 feet. The land development regulations may further restrict intensities. Industrial (I): Future industrial development is designated north of PGA Boulevard between 1-95 and Alternate A1 A, and south of PGA Boulevard near the Beeline Highway in the western part of the City. Property designated I is to be used in an industrial park arrangement. Development of such FUTURE LAND USE 1-2 areas will promote a well landscaped environment with internal circulation and buffering from existing and future surrounding land uses. Industrial land use activities will be limited in intensity to a maximum lot coverage of 60% of the site and a maximum building height of 50 feet. The land development regulations may hrther restrict intensities. Public/Institutional (P): The P land use category designates existing and proposed public and institutional facilities such as schools, libraries, fire stations and government offices. These uses shall be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 50 feet. Among the sites designated are the existing City Hall at the intersection of Military Trail and Bums Road, existing school sites, and the Palm Beach Community College and North County Courthouse on PGA Boulevard. Public and institutional uses are allowed in all land use categories subject to limitations and locational criteria identified in this Plan and/or outlined in the Palm Beach Gardens Zoning code. These uses will be delineated on the Future Land Use Map at the next subsequent amendment process. Public/institutional uses will be approved as conditional uses pursuant to the Palm Beach Gardens Zoning Code if the specific rules and locational criteria governing individual conditional uses are complied with. Certain intensive public/institutional uses will not be allowed in residential areas, such as land fills, airports and wastewater treatment plants. RecreatiodOpen Space (ROS): The ROS category designates public parks and recreation complexes, and protected open spaces. These activities will be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 45 feet. The land development regulations may further restrict intensities. Commercial Recreation (CR): The CR designation has been provided to reflect and accommodate major public and private commercial recreation facilities that meet a portion of the recreational needs of residents and tourists. Many of these facilities were conceived as profit-making enterprises and/or are in private ownership. Uses permitted within this category include golf courses, outdoor and indoor recreational facilities such as tennis clubs, amusement and sport centers, outdoor amphitheaters, hunting and gun clubs, and outdoor wildlife attractions. Commercial recreation uses shall be approved and developed as a Planned Community District or Planned Unit Development. These activities will be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 45 feet. The land development regulations may further restrict intensities. Conservation (CONS): The Conservation designation applies to areas identified as environmentally sensitive or environmentally significant which have been set aside as protected preserves. Limited development, such as passive recreation or ecotourism activities are permitted within this category. The intent of the designation is to ensure that areas designated CONS are preserved or developed in a manner that is responsive to on-site environmental constraints. Development within areas designated CONS shall not exceed a density of 1 .O dwelling unit per 20 acres. Any development that does occur should preserve environmentally sensitive areas by clustering development as appropriate. 1-3 Golf (G): The G category portrays areas specifically intended or used for golf courses. This designation can include public and private golf courses. Mixed Use Development (MXD): The MXD designation is designed for new development which is characterized by a variety of integrated land use types. The intent of the district is to provide for a mixture of uses on single parcels in order to develop sites which are sensitive to the surrounding uses, desired character of the community, and the capacity of public facilities to service proposed developments. This future land use designation is also intended to foster infill and redevelopment efforts, to deter urban sprawl and to encourage new affordable housing opportunities, as well as lessen the need for additional vehicular trips through the internalization of trips within a neighborhood or project. To create a functioning, multi-faceted type of development, mixed use development is dependent on the successful integration of distinct uses. Integration is defined as the combination of distinct uses on a single site where the impacts from differing uses are mitigated through site design techniques, and where impacts from differing uses are expected to benefit from the close immediate proximity of complementary uses. All requests for development approval based on a mixed use concept must be able to demonstrate functional horizontal integration of the allowable uses, and where applicable, vertical integration as well. The following are the minimum criteria to be used for development of sites designated as MXD: 1. An MXD shall be developed as a Planned Community District or a Planned Unit Development. However, land development regulations adopted to implement this Comprehensive Plan shall maintain mixed-use supplemental regulations to provide further criteria for the development of sites with MXD Future Land Use designations, including parking requirements, permitted uses, setbacks and other considerations. 2. MXDs shall have frontage on at least one arterial. The City’s Conceptual Thoroughfare Plan shall be accommodated to expand the roadway network through the provision of new local streets which serve new neighborhoods in the City’s developing areas. 3. MXDs shall include a minimum of two (2) of the other Future Land Use Categories described in this element. Residential must be one of these uses, unless it is determined by the City Council that the proposed development meets the criteria below established to waive the residential requirement. No single use may comprise more than 60% of the area. Recognizing that mixed use projects have varying characteristics, intensity measures are indicated below which provide flexibility in terms of minimum and maximum land allocations. These intensity measures apply only within MXD projects. The City Council may waive the maximum nonresidential height limit for employment center buildings located at the intersection of two arterials. FUTURE LAND USE 1-4 A. Critiera for a Non-Residential MXD: The City Council may waive the mandatory residential requirement for any MXD that meets any two of the following conditions: 1. The parcel represents in-fill development and is surrounded on three sides by non-residential land uses including man-made and natural barriers such as canals and major arterial roadways. 2. The densityhtensity of existing or future land uses immediately surrounding the parcel are compatible with non-residential uses. 3. The adjacent surrounding planned and approved or existing built environment is over 60% residential, and non-residential uses are determined to provide for greater horizontal integration of uses. 4. Due to size or configuration of the parcel, the ability to provide an economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Open Space Neighborhood Commercial Residential High Residential Low Employment Center Land Allocation Min 15% Min 2% Max 30% Min 20% Max 60% Min 0% Max 60% Min 2% Max 30% Lot Coverage Height Max 70% Max 4 F1 Max 50% Max 4 F1 Max 50% Max 3 F1 Max 70% Max 4 F1 Special Definitions: Neighborhood Commercial land shall be used for community-serving retail, service, office and business uses. At least 51% of the gross square footage of the Neighborhood Commercial shall be contained in buildings having a two-story character containing some FUTURE LAND USE 1-5 actual two-story space. The City Council, acting upon a recommendation by the Planning and Zoning Commission or the Local Planning Agency, retains the right to grant or deny waivers from the requirement of this provision. Residential High land in MXD projects shall have a maximum density of 15 unitdacre as a bonus for consideration of planned, multi-faceted development. The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation, inclusive of both residential types. Employment Center land shall be used for corporate offices, research and educational facilities, light industry, hotels, warehousing, and similar uses. Employment Center lots shall generally be grouped together. C. General Mixed Use Future Land Use Category Intensity Measures for Non-Residential MXDs Land Use Open Space Commercial Recreation Commercial Industrial Institutional Professional Office Land Allocation Min 15% Min 0% Max 30% Min 0% Max 60% Min 0% Max 60% Min 0% Max 60% Min 2% Max 60% Lot Coverage Height Max 50% Max 4 F1 Max 50% Max 4 F1 Max 60% Max 4 F1 Max 50% Max 4 F1 Max 70% Max 4 F1 At least 51% of the gross square footage of the Commercial use shall be contained in buildings having a two-story character containing some actual two-story space. The City Council, acting upon a recommendation by the Planning and Zoning Commission or the Local Planning Agency, retains the right to grant or deny waivers from the requirement of this provision. FUTURE LAND USE 1-6 Land Uses are defined as set forth in the Future Land Use Element, with the exception of special land allocation, lot coverage and height requirements specified for Non-Residential MXD developments. 4. The individual uses, buildings and/or developments pods within MXD developments shall include interconnecting pedestrianways and plazas and shall provide connections to the Parkway System. Nonresidential uses shall have an internalized relationship with the residential component and multi- modal accessibility. FUTURE LAND USE 1-7 Density Reduction Land Use Overlay: A portion of the area commonly referred to as TAZ 848, generally located north of PGA Boulevard, east of the Loxahatchee Slough and west of the SUA wastewater treatment plant, is the subject of a land use overlay. The density within this Overlay is reduced by fifty percent from the underlying land use designation's potential density. This density reduction is necessitated by the environmental constraints of the property and potential roadway capacity deficiencies. The result of the density reduction is a gross density potential of two dwelling units per acre. Development within the Overlay shall be concentrated to the least sensitive areas and shall be supported by public facilities. No bonus density is applicable in this Overlay area. While a variety of uses and use densitiedintensities may be approved as part of a residential PCD, the overall impact of the densityhtensity shall not exceed that generated by a gross density of two dwelling units per acre. Other requirements and regulations of the Palm Beach Gardens Code of Ordinances and Comprehensive Plan are applicable where not in conflict with the provisions of this Overlay. In addition to presenting the Future Land use categories described above, the Future Land Use Map also includes two transportation components. The Transportation Element of this Comprehensive Plan provides further details on these components. Interchange (0): The Future Land Use Map designates eight interchanges within the City. Five of the interchanges shown on the map are existing: 1-95 and Northlake Boulevard; 1-95 and PGA Boulevard; 1-95 and Military Trail; 1-95 and Donald Ross Road; and the Turnpike and PGA Boulevard. The PGA Boulevard and Alternate AlA urban interchange is currently under design and is programmed by FDOT for construction in 2000/2001. Two future interchanges shown for 1-95 and Central Boulevard, and Northlake Boulevard and the Turnpike will not be needed within the first five-year planning timeframe. However, they are designated in order to anticipate their right-of-way requirements construction and to recognize their potential impact on surrounding future land uses. Parkway (0000): The Parkway designation is shown along some of the major arterials within the City. The intent of the Parkway designation is to identify and preserve a corridor of between 300 and 400 feet within which the arterial roadway can occur along with bikeways, pedestrian paths, native vegetative greenways, linear parks, and landscaping. The parkway cross-section will provide an aesthetically pleasing buffer between highly traveled arterials and surrounding residential areas, as well as a safe byway for alternative modes of transportation. The Parkway System has been designated as an urban component of the Florida Greenway System. It is described in more detail in the Conservation and Transportation Elements. One major objective of designating Parkways is to eliminate the perceived need of using strip commercial as a buffer between arterials and residential areas. Therefore, the Parkway concept is integrated into the philosophy of designating commercial and employment areas at intersections or "nodes", eliminating the need for strip commercial use. FUTURE LAND USE 1-8 Goals, Objectives and Policies GOAL 1.1.: CONTINUE TO ENSURE A HIGH QUALITY LIVING ENVIRONMENT THROUGH A MIXTURE OF LAND USES THAT WILL MAXIMIZE PALM BEACH GARDENS' NATURAL AND MANMADE RESOURCES WHILE MINIMIZING ANY THREAT TO THE HEALTH, SAFETY, AND WELFARE OF THE CITY'S CITIZENS THAT IS CAUSED BY INCOMPATIBLE LAND USES AND ENVIRONMENTAL DEGRADATION. Objective 1.1.1.: The City shall continue to maintain land development regulations to manage future growth and development in a manner that provides needed facilities and services, protects environmental resources, and discourages the proliferation of urban sprawl. Policy 1.1.1.1.: The City shall continue to maintain land development regulations to ensure that they contain specific and detailed provisions intended to implement the adopted Comprehensive Plan, and which as a minimum: a. b. C. d. e. f. g. h. Regulate the subdivision of land; Regulate the use of land and water consistent wlLll this element and ensure the compatibility of adjacent land uses and provide for open space; Protect areas designated Conservation on the Future Land Use Map and further described in the Conservation, Coastal Management, and Recreation and Open Space Elements of this Comprehensive Plan; Minimize the impacts of land use on water quality and quantity and regulate development which has a potential to contaminate water, soil, or crops; Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management consistent with the Infrastructure Element of this Comprehensive Plan; Protect potable water wellfields and aquifer recharge areas; Regulate signage; Ensure safe and convenient on-site traffic flow and vehicle parking needs; FUTURE LAND USE 1-9 1. j- k. 1. m. Discourage urban sprawl through the following strategies: (1) establishing moderate densities and varied housing opportunities in urban areas (2) mixed-use and clustering requirements (3) promoting urban infill development and redevelopment (4) locational requirements (5) establishing an urban growth boundary and distinct urban and rural service areas (6) directing public investment to existing urban areas, and (7) annexation and extraterritorial planning agreements. Require landscape buffers and gardens using predominately native species and other appearance measures to maintain a high visual quality; Provide that development orders and permits shall not be issued which result in a reduction of the levels of service for the affected public facilities below the level of service standards adopted in this Comprehensive Plan; and Provide for the assessment of impact fees or dedication of land and facilities to off-set costs assumed by the City or other governmental agencies for the provision of facilities or services required by new development. Cooperate with Seacoast Utility Authority through cooperation on the Seacoast Utility Board to insure the maximum utilization of their water and wastewater transport plan so as to implement the economic expansion of facilities within definitive service boundaries. Policy 1.1.1.2.: The City shall maintain land development regulations which permit residential development only at densities equal to or less than the following: a. Rural Residential 20 (RR20) - up to a maximum of 0.05 dwelling units per gross acre, or one unit per twenty acres; Rural Residential 10 (RR10) - up to a maximum of 0.1 dwelling units per gross acre, or one unit per ten acres; b. FUTURE LAND USE 1-10 c. Residential Very Low (RVL) - up to a maximum of 1.0 dwelling units per gross acre; d. Residential Low (RL) - up to a maximum of 4.0 dwelling units per gross acre; e. Residential Medium (RM) - up to a maximum of 7.0 dwelling units per gross acre; f. Residential High (RH) - up to a maximum of 10.0 dwelling units per gross acre; g. Mobile Home (MH) - up to a maximum of 7.0 mobile homes per gross acre Policy 1.1.1.3.: The City shall maintain land development regulations which permit Mixed Use Developments (MXD) which shall implement the following concepts: 1. An MXD shall be developed as a Planned Community District or a Planned Unit Development. However, land development regulations adopted to implement this Comprehensive Plan shall maintain mixed-use supplemental regulations to provide further criteria for the development of sites with MXD Future Land Use designations,including parking requirements, permitted uses, setbacks and other considerations. 2. MXDs shall have frontage on at least one arterial. The City’s Conceptual Thoroughfare Plan shall be accommodated to expand the roadway network through the provision of new local streets which serve new neighborhoods in the City’s developing areas. 3. MXDs shall include a minimum of two (2) of the other Future Land Use Categories described in this element. Residential must be one of these uses, unless it is determined by the City Council that the proposed development meets the criteria below established to waive the residential requirement. No single use may comprise more than 60% of the area. Recognizing that mixed use projects have varying characteristics, intensity measures are indicated below which provide flexibility in terms of minimum and maximum land allocations. These intensity measures apply only within MXD projects. The City Council may waive the maximum nonresidential height limit for employment center buildings located at the intersection of two arterials. A. Critiera for a Non-Residential MXD: The City Council may waive the mandatory residential requirement for any MXD that meets any two of the following conditions: FUTURE LAND USE 1-1 1 1. The parcel represents in-fill development and is surrounded on three sides by non-residential land uses including man-made and natural barriers such as canals and major arterial roadways. 2. The densityhtensity of existing or future land uses immediately surroundingthe parcel are compatible with non-residential uses. 3. The adjacent surrounding planned and approved or existing built environment is over 60% residential, and non-residential uses are determined to provide for greater horizontal integration of uses. 4. Due to size or configuration of the parcel, the ability to provide an economically feasible, sustainable, integrated residential component that functions to enhance and complement the other MXD uses is limited. B. General Mixed Use Future Land Use Category Intensity Measures for Residential MXDs Land Use Land Allocation Open Space Min 15% Neighborhood Min 2% Commercial Max 30% Residential High Min 20% Max 60% Residential Low Min 0% Max 60% Min 2% Max 30% Employment Center Special Definitions: Lot Coverage Height Max 70% Max 4 F1 Max 50% Max 4 F1 Max 50% Max 70% Max 3 F1 Max 4 F1 Neighborhood Commercial land shall be used for community-serving retail, service, office and business uses. At least 51% of the gross square footage of the Neighborhood Commercial shall be contained in buildings having a two-story FUTURE LAND USE 1-12 character containing some actual two-story space. The City Council, acting upon a recommendation by the Planning and Zoning Commission or the Local Planning Agency, retains the right to grant or deny waivers from the requirement of this provision. Residential High land in MXD projects shall have a maximum density of 15 units/acre as a bonus for consideration of planned, multi-faceted development. The area allocated for Residential Low land and Residential High land shall not exceed the 60% limitation, inclusive of both residential types. Employment Center land shall be used for corporate offices, research and educational facilities, light industry, hotels, warehousing, and similar uses. Employment Center lots shall generally be grouped together. C. General Mixed Use Future Land Use Category Intensity Measures for Non-Residential MXDs Land Use Open Space Commercial Recreation Commercial Industrial Institutional Professional Office FUTURE LAND USE Land Allocation Lot Coverage Min 15% Min 0% Max 50% Max 30% Min 0% Max 50% Max 60% Min 0% Max 60% Max 60% Min 0% Max 50% Max 60% Min 2% Max 70% Max 60% Height Max 4 FI Max 4 F1 Max 4 F1 Max 4 F1 Max 4 F1 1-13 At least 5 1 % of the gross square footage of the Commercial use shall be contained in buildings having a two-story character containing some actual two-story space. The City Council, acting upon a recommendation by the Planning and Zoning Commission or the Local Planning Agency, retains the right to grant or deny waivers from the requirement of this provision. Land Uses are defined as set forth in the Future Land Use Element, with the exception of special land allocation, lot coverage and height requirements specified for Non-Residential MXD developments. The individual uses, buildings andor development within MXD developments shall include interconnecting pedestrianways and plazas and shall provide connections to the Parkway System. Nonresidential uses shall have an internalized relationship with the residential component and multi-modal accessibility. Policy 1.1.1.4.: The City shall maintain land development regulations which provide for a Planned Community District (PCD) which shall implement the following concepts: a. The intent of a Planned Community District (PCD) is to permit a large area to be developed under one master plan that includes different land use types at several different levels of intensity. Collector roads and development "pods" are shown as part of the master development plan. Supporting documentation is also included which describes the development intensities assigned to each pod and any restrictions in use or site design requirements. The pods are then developed as individual site plans. b. Although a variety of uses and use intensities may be approved as part of a residential PCD, the overall density must be consistent with the underlyng Future Land Use designation of the area. For the purposes of this Comprehensive Plan, the City Council may approve the following bonus densities for areas developed as PCDs: Rural Residential 20 (RR20): Up to 0.05 units per gross acre. Rural Residential 10 (RR10): Up to 0.1 units per gross acre. Residential Very Low (RVL): Up to 1 .O units per gross acre. Residential Low (RL): Up to 5.0 units per gross acre. Residential Medium (RM): Up to 9.0 units per gross acre. FUTURE LAND USE 1-14 Residential High (RH): Up to 12.0 units per gross acre. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per gross acre, based on one additional unit of density allowed for every 10% of native ecological habitat put into a preserve within the PCD up to a maximum of 15.0 units per gross acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be incorporated into the Parkway system. c. d. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 dwelling units per gross acre for the provision of affordable housing, as defined in this Plan. Parcels within PCDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6., except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. e. Through the PCDs flexibility, the City Council may grant waivers to the non- residential intensities described previously. f. Site plans for pods which are developed within Planned Community Districts shall be developed according to the densities and intensities assigned to them under the Planned Community District master plan documentation. Policy 1.1.1.5.: The City shall maintain land development regulations which provide for a Planned Unit Development (PUD) technique which shall implement the following concepts: a. The intent of a Planned Unit Development (PUD) is to ensure the desired character of the community is furthered or enhanced on development sites within the City, particularly on sites where the development proposed is rather intense. Master plans for Planned Unit Developments include, at a minimum, site plans showing all local roads and landscaping plans. Supporting documentation is also to be included which indicates, at a minimum, development phasing and a list of permitted uses for commercial and industrial PUDs. b. In exchange, for the extra review requirements imposed by the PUD process, developers may propose plans that would not otherwise be permitted under by-right zoning districts. These may include a mixture of uses not found within any of the by-right zoning districts and/or density bonuses and/or waivers to non-residential intensities described previously.. For the purposes of this Comprehensive Plan, the City Council may approve the following bonus densities for areas developed as Planned Unit Developments: FUTURE LAND USE 1-15 Rural Residential 20 (RR20): Up to 0.05 units per gross acre. Rural Residential 10 (RR10): Up to 0.1 units per gross acre. Residential Very Low (RVL): Up to 1 .O units per gross acre. Residential Low (RL): Up to 5.0 units per gross acre. Residential Medium (RM): Up to 9.0 units per gross acre. Residential High (RH): Up to 12.0 units per gross acre. c. In addition to the above, PUDs with an underlying Future Land Use designation of RH may have densities permitted up to 15 .O dwelling units per gross acre for the provision of affordable housing, as defined in this Plan. PUDs may be eligible for a density bonus for Assisted Living Facilities pursuant to Policy 3.1.4.6., except in Coastal High Hazard Areas that are the Category 1 Hurricane Evacuation Zones. Policy 1.1.1.6.: The City shall maintain development regulations which address the location and extent of non-residential land uses in accordance with the Future Land Use Map and the policies and descriptions of types, sizes, densities, and intensities of land uses contained in this element. Policy 1.1.1.7: The City shall ensure the availability of suitable land for public and institutional uses (as defined on page 1-3) necessary to support development by: 1. Designating land on the Future Land Use Map for publichnstitutional use. The City shall support and facilitate coordination of school planning with the School District of Palm Beach County for the location and development of public education facilities. The City shall identify sufficient land to accommodate Public Educational Facilities as necessary to serve the current and projected student population. At a minimum, proposed school sites shall meet the State Requirements for Educational Facilities (SREF), plus a ten percent capacity flexibility allowance, and shall be sized to accommodate all needed utilities, support facilities and adequate buffering of surrounding land uses. 2. Allowing publichstitutional uses in certain land use categories subject to limitations and locational criteria as identified in this Plan. Such locational criteria shall include the following standards: (a) Public/Institutional buildings shall be specifically prohibited in areas designated as Conservation and other environmentally sensitive lands, including wetlands, 1 00-year floodplains, FUTURE LAND USE 1-16 groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife habitats. New or Expanded Public/Institutional Facilities shall not be encouraged within the coastal area and shall meet the requirements of the Coastal Management Element. (b) Public/Institutional Uses shall be located in areas where there are adequate transportation facilities to support the proposed use based on the adopted level of service standard for traffic circulation. Preference shall be given to the location of such uses and facilities along City collectors and arterials as may be appropriate. (c) Public/Institutional Uses shall be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 50 feet, unless the property is specificallv designated as Mixed-Use, in which case the Mixed Use designation shall set forth the specific development regulations including, but not limited to maximum height and lot coverage for Public/Institutional Uses. (d) Schools shall be considered as compatible and allowable in areas designated with any residential land use category (RR20, RR10, RVL, RL, RM, RH). Further, schools shall be considered public/institutional uses and be allowable within areas designated industrial (IND) and publichstitutional (PA) on the Future Land Use Map. Other institutional uses such as, libraries, fire stations and government offices shall be considered compatible in medium and high density residential areas and all non-residential land use categories in which such uses are not specifically prohibited as cited in this comprehensive plan. Publichstitutional uses may be permitted within all residential Planned Unit Developments and Planned Community Districts, subject to master plan approval and limitations and locational criteria as identified in this Plan. (e) Public/Institutional Uses shall be buffered from adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare and lights shall be provided. Setbacks shall be a minimum of 25 feet in the front, 15 feet in the sides and rear and buffers shall be a minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of the proposed publichstitutional use. Stadiums, outdoor recreational facilities and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. FUTURE LAND USE 1-17 Communication towers on school or other public property shall be consistent with the siting and safety criteria contained in the Land Development Regulations and shall require City Council approval. (0 Landfills, airports, wastewater treatment plants, universities and regional hospitals shall not be allowed in residential areas and shall require a comprehensive plan amendment to the Public/Institutional (P) land use designation prior to zoning and site plan approval, unless specifically designated as Mixed-Use with an allocation for Public/Lnstitutional Uses. (g) Public/Institutional sites shall be capable of accommodating adequate parking and onsite traffic circulation requirements to satisfy current and projected site-generated vehicular demand. Policy 1.1.1.8.: The City shall evaluate whether its feasible to further simplify and streamline the existing regulatory programs of the City, and shall continue existing mechanisms to monitor the effectiveness of the regulatory programs. At a minimum, land development regulations shall be evaluated every five years, coinciding with the EAR-based amendments to the comprehensive plan. Policy 1.1.1.9.: The City shall encourage linkages which connect or gather residents and business owners of different neighborhoods and promote a sense of community. This shall be accomplished through 1) implementation of the Conceptual Linkage Plan (Map I) and Parkway System, as described further in the Conservation and Transportation Elements; 2) connection of neighborhoods, shopping, schools and parks through an expanded SidewalWpathway system, discussed further in the Transportation Element; 3) promotion of gathering (people) places in new development projects; and 4) installation of entry features along major arterials, including signage, art and landscaping which identify Palm Beach Gardens as a city and community. Objective 1 .I .2.: Development orders and permits for development or redevelopment activities shall be issued only if the protection of natural resources is ensured and consistent with the goals, objectives, and policies of the Conservation, Infrastructure and Coastal Management Elements of this Comprehensive Plan. Policy 1.1.2.1.: Development activities within areas designated on the Future Land Use Map as Conservation shall be comparable with the allowable activities for such areas as described in this element. Policy 1.1.2.2.: Species of flora and fauna listed in the Conservation and Coastal Elements of this Comprehensive Plan as endangered, threatened, or species of special concern shall be protected through the development review and approval process. FUTURE LAND USE 1-18 Policy 1.1.2.3.: The City shall protect potable water wellfields and prime aquifer recharge areas through the implementation of the Palm Beach County Wellfield Protection Ordinance. Policy 1.1.2.4.: Proposals for development within the 1 00-year floodplain as identified by the Federal Emergency Management Agency shall conform with local regulations for development in such areas. Policy 1.1.2.5.: The City shall maintain stormwater management regulations which require that development is carried out in a manner that recognizes and preserves the region's natural drainage systems, including the Loxahatchee Slough and interconnected flow-ways, consistent with South Florida Water Management District rules and regulations found in Chapter 40E-4,40E-40, and 40E-400, F.A.C. Policy 1.1.2.6.: The developer/owner of any site shall be responsible for the management of run-off consistent with the goals, objectives, and policies of the Stormwater Management Sub-Element of this Comprehensive Plan. Policy 1.1.2.7.: The City shall maintain development regulations containing specific standards and criteria designed to protect environmentally sensitive lands consistent with the goals, objectives and policies of the Conservation Element. Policy 1.1.2.8: The City shall adopt regulations consistent with the Boat Facility Siting Plan for Palm Beach County which restricts marine-oriented uses as follows: New multi-family projects with marina facilities and new dry storage facilities are not permitted. The total number of new wetslips per jurisdiction are limited to a maximum of 50 slips, provided that the local government has demonstrated a need for additional public access in the comprehensive plan. One additional single-lane public boat ramp with a limit of 15 parking spaces for vehicles having a trailer may be permitted per jurisdiction, provided that the local government has demonstrated a need for the additional public access in its comprehensive plan. Objective 1.1.3.: Development orders and permits for development and redevelopment activities shall be issued only in those areas where suitable topography and soil conditions exist to support such development. Policy 1.1.3.1 .: All proposed development of other than individual residences shall include a soils analysis prepared by a professional licensed to prepare such an analysis which shall include the ability of the soil structure to support the proposed development. Policy 1.1.3.2.: All proposed development shall be located in a manner such that the natural topographic features of a site are not adversely altered so as to negatively affect the drainage FUTURE LAND USE 1-19 of neighboring properties or visual aesthetics of the area. Objective 1.1.4.: Development orders and permits for development and redevelopment activities shall be issued only in areas where public facilities necessary to meet level of service standards (which are adopted as part of the Capital Improvements Element of this Comprehensive Plan) are available concurrent with the impacts of development. Policy 1.1.4.1.: The City shall maintain development regulations to provide that public facilities and services be available concurrent with the impacts of development to meet the level of service standards established in the Capital Improvements Element of the City's Comprehensive Plan. Concurrency Management System requirements shall include the following: 1) Demonstration that the impacts from a proposed development comply with the adopted level of service standards in the City. 2) Determination of concurrency prior to the processing of the application for a development permit. 3) Certification of concurrency shall be secured prior to an applicant receiving a development order, this may be in the form of certificate of exemption, certificate of concurrency reservation, or certificate of conditional concurrency reservation. 4) Certification of concurrency shall be valid for the time set forth in the development order and any amendments thereto, otherwise the certificate is valid for two years. If a time extension is not granted, the concurrency certificate shall automatically expire, and no further development activity can occur without obtaining an appropriate concurrency certificate. Policy 1.1.4.2.: Public facilities and utilities shall be located to: a. Maximize the use and efficiency of services provided; b. Minimize their costs; c. Minimize their impacts on the natural environment; and d. Maximize consistency with the goals, objectives, and policies of this Comprehensive Plan. Policy 1.1.4.3.: Prior to major annexation, a facilities and services extension plan shall be prepared and adopted. This plan shall: FUTURE LAND USE 1-20 a. b. C. d. Establish the location, level of service standards and phasing for each facility and service to be extended by the City; Require all development or redevelopment activities to occur in conjunction with the provision of the community facilities and services without exceeding the level of service standards established in the Capital Improvements Element of the Plan; In order to encourage infill development and reduce urban sprawl, hture annexation ordinances shall reserve the right of the City to discourage development and redevelopment activities within proposed future annexation areas until such time as facilities and services are extended in accordance with the plan, even if facilities and services are offered by a developer in advance of the plan phasing. A comprehensive plan amendment shall be undertaken by the property owner during the City's next round of amendments to incorporate the parcel into the Plan. Upon the effective date of the comprehensive plan amendment, rezoning to a City zoning district shall be initiated. Policy 1.1.4.4.: The City shall consider appropriate means, such as bonding through the Northern Palm Beach County Improvement District, to guarantee that the rights-of-way/easements required for Parkways are identified, acquired, and improved. Policy 1.1.4.5.: The City shall encourage partnership between the private and public sector in the provision of public facilities. Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. Policy l.l.S.l.(a).l: For that area bounded by Florida's Turnpike to the east, PGA Boulevard to the south, and the former (June 13,1989) city limits to the west, which generally coincide with the eastern boundary of the Loxahatchee Slough and generally the northern alignment of the Donald Ross Road extension, the City shall impose the following requirements, and shall maintain, land development regulations necessary to implement these requirements. 1. All proposed development shall include a minimum of 250 acres which shall be rezoned to Planned Community District (PCD) and contain, at a minimum, a master development plan and supporting documentation which describes what the development is to include and how it is to proceed (phasing). All proposed collector roads within the development shall be shown as part of the PCD master plan. A FUTURE LAND USE 1-21 2. 3. 4. 5. 6. 7. 8. 1. waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. The overall density of PCDs in this area shall not exceed the maximum density permitted under the land use category. Up to 2% of the gross land area of a PCD may be developed for commercial or office use. Up to 5% of the gross land area of a PCD may be developed for commercial or office use if significantly large areas (1 0% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, rather than scattered throughout, and shall be connected to the parkway system. If the entire area covered in this policy is developed under one PCD master development plan, an additional 50 acres of commercial land use may be permitted over and above the 2% and 5% criteria described previously. Up to 2% of the gross land area of a PCD may be developed for industrial uses. All PCDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in Future Land Use, Transportation, and Conservation elements. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Policy l.lS.l.(a).2: For all properties west of the urban growth boundary (Loxahatchee Slough), the City shall impose the following requirements, and shall land development regulations necessary to implement these requirements. 1. Development shall be consistent with rural densities and intensities and shall receive services consistent with the adopted level of service standards for the rural area. All proposed development shall include a minimum of 250 acres which shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to FUTURE LAND USE 1-22 proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. A waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. The City Council may also grant a waiver to allow government entities to develop properties, of less than five acres, west of the City's urban growth boundary if the site is designated Conservation on the Future Land Use Map and if the site is restricted or related to conservation purposes, passive recreation use, or pedestrian trails. 2. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. The overall density of PCDLPUDs in this area shall not exceed the maximum density permitted under the land use category. 3. 4. Site design shall be sensitive to the natural resources and environmental characteristics of the property. 5. All PCD/PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Northwest Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 6. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Policy 1.1.5.1.(b): A land use overlay is hereby established and depicted on the Future Land Use Map. This Density Reduction Land Use Overlay shall reduce the density potential within the residential area of what is commonly referred to as TAZ 848 by fifty percent, resulting in a maximum gross density potential of two dwelling units per acre, with no provision for a density bonus. Although a variety of uses and use intensities may be approved as part of a residential PCD, the gross density shall be consistent with the density restrictions of this Overlay and shall not exceed the impact of that generated by two dwelling units per acre. Development within the Overlay shall be clustered to the least environmentally sensitive areas and shall be supported by adequate facilities. The regulations and requirements of the Palm Beach Gardens Code of Ordinances and Comprehensive Plan are applicable where not in conflict with the provisions of this Overlay, including Policy 1.1.5.1 (a). Policy 1.1.5.2(a): For those areas which were annexed into the City in 1988 and which are located within that area bounded by Donald Ross Road to the North, PGA Boulevard to the South, Central Boulevard to the east, and Florida's Turnpike to the west, the City shall FUTURE LAND USE 1-23 impose the following requirements, and shall maintain, land development regulations necessary to implement these requirements. 1. 2. 3. 4. 5. 6. All proposed development shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. With City Council approval of a density bonus, the overall density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross for those areas designated as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acre if significantly large areas (1 0% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be linked to the Parkway system. Up to 3% of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses shall be restricted to neighborhood commercial uses as they are defined in the City's least intensive commercial zoning district. Up to 5% of the gross land area of a residential PCD may be developed for commercial or office use if significantly large areas (10% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the Parkway system. These uses shall be restricted neighborhood commercial uses as they are defined in the City's least intensive zoning district. If the entire area designated as RM on the Future Land Use Map on the west side of Central Boulevard between 1-95 and PGA Boulevard is developed under one PCD master development plan, an additional 10 acres of commercial land use may be FUTURE LAND USE 1-24 permitted over and above the 3% and 5% criteria described previously. 7. All PCDs or PUDs shall be subject to the provisions of the Conceptual Linkage Plan for Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 8. The master development plan shall be consistent with and implement the City's Conceptual Thoroughfare Plan. Policy 1.1.5.2(b): For those areas which are located within that area bounded by Donald Ross Road to the north, PGA Boulevard to the south, Alternate A1A to the east and Central Boulevard to the west, the City shall impose the following requirements, and shall maintain land development regulations necessary to implement these regulations: 1. All proposed development shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. 2. With City Council approval of a density bonus, the overall density of PCDs or PUDs in this area shall not exceed: 5.0 units per gross acre for those areas designated as RL; 9.0 units per gross acre for those areas designated RM; and 12 units per gross acre for those areas designated RH. 3. In addition to the above, PCDs with an underlying Future Land Use designation of RH may have densities permitted up to 15.0 units per acre if significantly large areas (10% or more) of native ecological habitats, in addition to the otherwise required open space and preserves, are preserved within the PCD. One additional unit of density may be allowed for each 10% of habitat which is preserved, up to a maximum of 15.0 units per acre. These preserve areas would be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements, and must be linked to the Parkway system. 4. Up to 3% of the gross land area of a residential PCD or PUD may be developed for commercial or office use. However, these uses shall be restricted to neighborhood commercial uses as they are defined in the City's least intensive commercial zoning district. 5. Up to 5% of the gross land area of a residential PCD may be developed for FUTURE LAND USE 1-25 commercial or office use if significantly large areas (10% or more) of native ecological habitats are preserved within the PCD over and above those preserve or open space areas which may be required as a minimum. Such habitat preservation areas shall be confined to only a few large areas, and be connected to the Parkway system where possible. These uses shall be restricted neighborhood commercial uses as they are defined in the City's least intensive zoning district. 6. All PCDs or PUDs shall be subject to the provisions ofthe Conceptual Linkage Plan for Palm Beach Gardens as described in the Future Land Use, Transportation, and Conservation element. 7. The master development plan shall be consistent with and implement the City=s Conceptual Thoroughfare Plan. Policy 1.1 53.: For that area designated as Industrial on the Future Land Use Map bounded by PGA Boulevard to the south, the Florida East Coast Railroad to the east, and 1-95 to the west, the City shall impose the following requirements, and shall maintain land development regulations which are necessary to implement these requirements: 1. No vehicular access shall be permitted across the north boundary of the site. 2. Site design shall incorporate significant setbacks from the-surfacewater area formally designated open space (ROS), which separates the parcel from those to the north, and include buffering techniques to mitigate impacts on adjacent land uses. Policy 1.1.5.4.(a): The City shall maintain planned development area (PDA) zoning to all undeveloped non-conservation for which a development plan has not been approved by the City. The PDA zoning shall apply to all properties over 10 acres in size and in the urban area, shall be regarded a "holding zone'' until development of the said properties is requested pursuant to the comprehensive plan. At the time of the rezoning of the land from PDA to PUD or PCD, the underlying land use shall guide the intensity and type of development. All proposed development shall be of character consistent with the urban or rural distinctions established by the Urban Growth Boundary (Policy 1.1.5.4.(b)). The permitted uses, in the urban area, under the PDA district shall include single-family residences at the density of one dwelling unit per ten acres, public parks and recreation facilities, and as conditional uses agriculture and institutional uses such as churches and fire stations. Permitted uses in the rural area shall include single-family residences at a density consistent with the Future Land Use designation (1 dull0 ac or 1 du/20ac), agriculture and public safety facilities. Agricultural uses shall not be permitted in environmentally sensitive preservation areas. Development within PDA shall be clustered and, in the urban area, shall be supported by potable water, sanitary sewer and adequate roadway facilities. Septic tanks shall be prohibited in the urban area in the PDA except for an individual single-family residence, however, in the rural area, septic tanks are the standard. Uses in the rural area shall receive FUTURE LAND USE 1-26 services consistent with the adopted level of service standards. The rezoning of PDA to PUD or PCD shall occur only when the applicable urban and rural services and facilities necessary to support the intensity of such development will be in place concurrent with the impacts of the development. The extension of public facilities into areas zoned PDA shall be consistent with the urban and rural level of service standards, maximize the use of existing facilities and services, encourage compact urban development and discourage the proliferation of urban sprawl. Concurrent with rezoning to PCDPUD, any uses not permitted by the underlying land use category shall cease consistent with the phasing plan of the approved PCDEUD. Policy 1.1.5.4.(b): In order to prevent urban sprawl and promote cost effective and efficient service delivery, the City shall designate an Urban Growth Boundary (UGB) which generally coincides with the eastern boundary of the Loxahatchee Slough. The UGB shall be designated on the Future Land Use Map (Map A). The UGB divides the City into distinct areas, urban and rural. These two distinct areas shall be designated with land uses (densities and intensities) consistent with urban and rural characteristics and shall receive public services and facilities at levels appropriate for such urban and rural uses, as defined in the Capital Improvement Element Policy 1.1.5.5.: In The City shall maintain land development regulations requiring residential neighborhoods to be designed to include an efficient system of internal circulation, including the provision of collector streets, to feed traffic onto arterial roads and highways. New development shall accommodate new local roads depicted on the Conceptual Thoroughfare Plan. Policy 1.1.5.6.: In The City shall maintain land development regulations requiring subdivisions to be designed so that all individual lots have access to the internal street system, and lots along the periphery are buffered from major roads and incompatible land uses. Policy 1.1.5.7.: By the year 2000, the location of a district park shall be selected; acquisition negotiations shall be established with the property owner; recreational facilities shall be identified; and hnding strategies shall be determined in conjunction with Palm Beach County. FUTURE LAND USE 1-27 Policy 1.1.5.8.: Owners of property containing uses not consistent with the Comprehensive Plan and Land Development Regulations, made inconsistent or nonconforming by the City or other governing agencies, may continue such legal nonconforming use provided that the following conditions are met. These legal nonconforming uses will not be allowed to expand, will not be allowed to be moved or relocated, will not be allowed to be reestablished if ceased for a six (6) consecutive month period or eighteen (1 8) months within a three (3) year period, or if damaged or destroyed by more than 50% of their value. Legal nonconforming uses are defined as lots, structures, and uses of land and structures that were lawful before the adoption or amendment of a regulation, but which would be prohibited, regulated or restricted under the terms of the regulation or future-amendment. However, if the nonconforming use is a multifamily residential project of more than 250 units, the City Council may permit an increase in the number of rooms or square footage of individual residential units, provided that the maximum density of the affected land-use is not exceeded and conformity with the current Land Development Regulations will be required. Policy 1.1.5.9: The Western Northlake Boulevard Corridor Planning Area shall be delineated on the 201 5 Future Land Use Map. This area is generally located south of the Beeline Highway; west of the West Palm Beach Water Catchment Area; east of the J.W. Corbett Wildlife Management Area and Seminole Pratt Whitney Road; and north of the southern boundary of Ibis, Rustic Ranches, Bay Hill Estates, and Hamlin Boulevard. Through an interlocal agreement, the City, Palm Beach County and the City of West Palm Beach shall provide for a means of intergovernmental cooperation in implementing the recommendations of the Western Northlake Boulevard Corridor Land Use Study, dated June 8, 1998. The provisions of this interlocal agreement shall establish a procedure for heightened review of local land use change petitions and development permit applications. Objective 1.1.6.: The City's economic base shall be expanded by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of pCblic utilities and services to stimulate such growth. Policy 1.1.6.1 .: Development orders and permits for future development and redevelopment activities shall be issued only in areas possessing the appropriate Future Land Use designation and that are consistent with the goals, objectives, and policies of this Comprehensive Plan. Policy 1.1.6.2.: All proposed commercial and industrial development requiring a change on the Future Land Use Map in order to be approved shall submit a market study indicating the economic feasibility of the development and the locational advantage over existing commercial and industrial lands. Policy 1.1.6.3.: The City shall coordinate future annexation areas (Map J) with the affected FUTURE LAND USE 1-28 land owners, governments, and agencies for the future annexation and land uses of these areas. Policy 1.1.6.4.: New commercial properties shall be developed in nodes, at intersections rather than strips. A mix of uses within commercial developments shall be encouraged, including residential, and parks and open space. Policy 1.1.6.5.: PGA Boulevard shall be developed as the "Main Street" of Palm Beach Gardens using the following techniques: a. Following completion of the PGA Boulevard/Alternate A1 A urban interchange, a new CRALLS (Constrained Roadway at a Lower Level of Service) Level of Service Standard for PGA Boulevard shall be determined in coordination with Palm Beach County, the Regional Planning Council, and the State Department of Transportation with the maximum number of lanes being six; b. The City shall maintain the PGA design guidelines as regulations which require the utilization of landscaping, boulevard strips, pedestrian walkways, bikeways, buffers, and setbacks to emphasize the various functions of PGA Boulevard as a divider of different land uses and as a center of the City. Policy 1.1.6.6: Within two years after it has been determined that the Tri-Rail will utilize the FEC tracks and serve northeastern Palm Beach County, the City shall undertake a study of the vacant lands lying within one quarter mile of the FEC railroad line paralleling Alternate A1 A. The purpose of this study is to determine the location(s) best suited for a future train station and appropriate uses for vacant lands in order to promote transit-oriented development. The findings shall be incorporated into the Evaluation and Appraisal Report and any desired changes to the Plan shall be identified as future EAR-based amendments. The study shall consider desired forms of development patterns outlined in the Treasure Coast Strategic Regional Policy Plan. Policy 1.1.6.7.: The City shall initiate proactive efforts to expand the economic base of the City, working within the framework of existing economic agencies and groups, such as the North County Mayors Economic Development Group, the Palm Beach County Business Development Board and County Economic Development Department. Strategies shall include considering the creation of a City Economic Development Advisory Board to create an economic element of the comprehensive plan; improving communication and forging alliances with major property owners in order to coordinate efforts in attracting new businesses; accelerating the development approval process; encouraging redevelopment of distressed properties; and maintaining points of contact with economic development agencies. Objective 1.1.7.: The City shall maintain land development regulations containing FUTURE LAND USE 1-29 standards and provisions which encourage the elimination or reduction of uses inconsistent with the City's character and future land uses. Policy 1.1.7.1.: Expansion or replacement of land uses which are incompatible with the Future Land Use Plan shall be prohibited. Policy 1.1.7.2.: Regulations for buffering incompatible land uses shall be set forth in the City's land development regulations. Objective 1.1.8.: The City shall improve coordination with affected and appropriate governments and agencies to maximize their input into the planning and development process and mitigate potential adverse impacts of future development and redevelopment activities. Policy 1.1.8.1.: The Future Land Use Element of the City's Comprehensive Plan shall locate residential areas and establish densities in coastal areas in a manner consistent with the Palm Beach County Comprehensive Emergency Management Plan. Policy 1.1.8.2.: The City shall cooperate with the Palm Beach Countywide Intergovernmental Coordination Program and/or Treasure Coast Regional Planning Council to settle land use disputes between the City and adjacent municipalities or unincorporated areas. Policy 1.1.8.3.: Requests for development orders or permits shall be coordinated, as required, with Palm Beach County, adjacent municipalities, the Countywide Intergovernmental Coordination Program, Treasure Coast Regional Planning Council, South Florida Water Management District, and state and federal agencies. Objective 1.1.9.: The City, in coordination with the Northlake Boulevard Corridor Task Force, shall pursue various means to encourage improvement, enhancement, renovation or redevelopment of the older properties along Northlake Boulevard, east of Military Trail, and thereby arrest a decline in the quality of land uses and the consequent negative impact on taxable values and the overall aesthetic appearance of the corridor. Policy 1.1.9.1 .: A Northlake Boulevard Overlay Zoning District (NBOZ) shall be adopted in the City's zoning regulations and shall be depicted on the City's Official Zoning Map. The NBOZ shall apply to all properties along Northlake Boulevard, east of Military Trail, for one property depth north and south of Northlake Boulevard, including the properties in all four quadrants of the intersection at Military Trail. The NE3OZ shall address zoning regulations, architectural design guidelines, landscaping regulations, signage regulations and development standards. FUTURE LAND USE 1-30 Date Prepared: January 14,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 4,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE FUTURE LAND USE ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO THE USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE. PUBLlCllNSTlTUTlONAL USES WITHIN THE MIXED-USE LAND WHEREAS, on November 18, 2004, the City Council of the City of Palm Beach Gardens authorized the staff to initiate comprehensive plan amendments necessary to effectuate the City’s economic development goals and objectives; and WHEREAS, the proposed amendment to the Future Land Use Element furthers the goals, objectives, and policies of the recently-adopted Economic Development Element; and WHEREAS, on February 8, 2005, the Planning, Zoning, and Appeals Board, sitting as the duly constituted Local Planning Agency for the City, recommended approval of a text amendment to the Future Land Use Element of the Comprehensive Plan of the City; and WHEREAS, the City Council finds that the subject amendment is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council finds that the subject amendment is consistent with Sections 163.31 84 and 163.31 87, Florida Statutes; and WHEREAS, the City Council acknowledges that this amendment is subject to the provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City shall maintain compliance with all provisions thereof; and WHEREAS, the City has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.31 81, Florida Statutes; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Date Prepared: January 14,2005 Ordinance 4.2005 1 2 3 4 FUTURE LAND USE ELEMENT 5 6 7 8 9 SECTION 2. The Future Land Use Element of the City’s Comprehensive Plan is hereby amended to read as follows (strikethrough deletions and underline additions): ********** Policy 1.1.1.7: The City shall ensure the availability of suitable land for public and institutional uses (as defined on page 1-3) necessary to support development by: 10 11 1. 12 13 14 15 16 17 18 19 20 21 2. 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Designating land on the Future Land Use Map for public/institutional use. The City shall support and facilitate coordination of school planning with the School District of Palm Beach County for the location and development of public education facilities. The City shall identify sufficient land to accommodate Public Educational Facilities as necessary to serve the current and projected student population. At a minimum, proposed school sites shall meet the State Requirements for Educational Facilities (SREF), plus a ten percent capacity flexibility allowance, and shall be sized to accommodate all needed utilities, support facilities and adequate buffering of surrounding land uses. Allowing publiclinstitutional uses in certain land use categories subject to limitations and locational criteria as identified in this Plan. Such locational criteria shall include the following standards: (a) Public/lnstitutional buildings shall be specifically prohibited in areas designated as Conservation and other environmentally sensitive lands, including wetlands, 100-year floodplains, groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife habitats. New or Expanded Publicllnstitutional Facilities shall not be encouraged within the coastal area and shall meet the requirements of the Coastal Management Element. (b) Public/lnstitutional Uses shall be located in areas where there are adequate transportation facilities to support the proposed use based on the adopted level of service standard for traffic circulation. Preference shall be given to the location of such uses and facilities along City collectors and arterials as may be appropriate. (c) Public/lnstitutional Uses shall be limited in intensity to a maximum lot coverage of 40% of the site and a maximum building height of 50 feet, unless the propertv is specifically designated as Mixed-Use, in which case the Mixed-Use designation shall set forth the specific development requlations, includinq, but not limited to, maximum heiqht and lot coverage for Public/lnstitutional Uses. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 14,2005 Ordinance 4, 2005 Schools shall be considered as compatible and allowable in areas designated with any residential land use category (RR20, RRIO, RVL, RL, RM, RH). Further, schools shall be considered pu bliclinstitutional uses and be allowable within areas designated industrial (IND) and publiclinstitutional (P/I) on the Future Land Use Map. Other institutional uses such as, libraries, fire stations and government offices shall be considered compatible in medium and high density residential areas and all non- residential land use categories in which such uses are not specifically prohibited as cited in this comprehensive plan. Publiclinstitutional uses may be permitted within all residential Planned Unit Developments and Planned Community Districts, subject to master plan approval and limitations and locational criteria as identified in this Plan. Public/lnstitutional Uses shall be buffered from adjacent land uses and shall be set back from adjacent roadways. Buffering for noise, odors, glare, and lights shall be provided. Setbacks shall be a minimum of 25 feet in the front, 15 feet in the sides and rear and buffers shall be a minimum of 5 feet. Buffers and setbacks may be increased depending on the characteristics of the proposed pu blic/institutional use. Stadiums, outdoor recreational facilities, and similar support facilities shall be located and buffered on the proposed site to minimize impacts on adjacent properties. Communication towers on school or other public property shall be consistent with the siting and safety criteria contained in the Land Development Regulations and shall require City Council approval. Landfills, airports, wastewater treatment plants, universities and regional hospitals shall not be allowed in residential areas and shall require a comprehensive plan amendment to the Public/lnstitutional (P) land use designation prior to zoning and site plan approval, unless specificallv designated as Mixed-Use with an allocation for Public/lnstitutional Uses. Pu blicllnstitutional sites shall be capable of accommodating adequate parking and onsite traffic circulation requirements to satisfy current and projected site-generated vehicular demand. SECTION 3. The City’s Growth Management Administrator is hereby directed to transmit the proposed Comprehensive Plan Amendment and supporting data, analysis, and other relevant material, which is attached hereto as Exhibit A, to the Department of Community Affairs of the State of Florida and other appropriate public agencies, and upon adoption of this Ordinance is further directed to ensure that this Ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies in accordance with Section 163.31 84(3), Florida Statutes. Date Prepared: January 14,2005 Ordinance 4.2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 4. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.31 84( 1 )(b), Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the local government adopts a resolution affirming its effectiveness in the manner provided by law. (The remainder of this page left intentionally blank) Date Prepared: January 14,2005 Ordinance 4,2005 1 PASS ED this day of , 2005, upon first reading. 2 3 PASSED AND ADOPTED this day of , 2005, upon 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney FOR AGAINST ABSENT d 46 47 G:\attorney-share\ORDINANCES\COMP PLAN - text amd - future land use - ord 4 2005.doc 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 2,2005 Meeting Date: February 17,2005 Petition CP-04-14 Ordinance 7,2005 SubjecUAgenda Item: Petition CP-04-14: Large Scale Future Land Use Map Amendment (Future Land Use Element) First Reading and Transmittal: A City-initiated request for an amendment to the Future Land Use Map of the City's Comprehensive Plan. The proposed amendment modifies the land-use designations from a Residential Low (RL) and Commercial (C) to Mixed Use (MXD) for the property collectively referred to as the Briger Tract, which consists of five separately owned parcels, totaling approximately 708 acres located immediately east of the Ronald Reagan Turnpike, north of Hood Road and south of Donald Ross Road. The intensities and densities of the current land-use amendment are limited to the following: 8 million square feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of commercial or the equivalent thereof. [XI Recommendation to APPROVE ] Recommendation to I Reviewed by: Planning & Zoning fl Tala1 M. BenotEJ:CP City Attorney Christine Tatum Director @ Growth Management Administrator: &@ Charles K. Wu, AICP __._- A provedBy: w Rodld M. Ferris City Manager CNY Originating Dept.: Project Manager Growth Manage Kara Irwin Senior Plann r rJn/ Natalie Wong, Assistant to the City Manager/ Senior PllG Daniel P. ('lark, City Engineer Action: 1 ] Quasi-jiidicial [ X ] lxgislative [ X] Public Hearing Advertised: Date: 2/3/2005 Paper: Palm Beach Post [ ] Not Required Affected Parties: [XI Notified [ ] Not Required Finance: costs: N/A Total NIA Current FY Funding Source: [ J Operating ' [XI Other Budget Acct.#: NIA City Council Action: [ ]Approved [ ] App. w/ conditions [ ] Denied [ ] Continued to:-- Attachments: . Resolution 191, 2004 . Data and Analysis . Public Notice . Ordinance 7. 2005 Date Prepared: January 2,2005 Meeting Date: February 17,2005 Petition CP-04-14 Ordinance 7,2005 Page 2 of 16 EXECUTIVE SUMMARY The proposed petition is a City-initiated request for a large-scale land-use map amendment to modify the current land-use designation of a 708-acre site from Commercial (C) and Residential Low (RL) to the land-use designation of Mixed-Use (MXD). A smaller portion of the site, 13 acres, has a commercial land-use designation, while the remaining portion of 695 acres has a Residential Low (RL) land-use designation. The property consists of five separately owned parcels, collectively referred to as the Briger Tract. The intensities and densities of the current land-use amendment are limited to the following: 8 million square feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of commercial or the equivalent thereof. The proposed amendment does not significantly lower the level of service (LOS) of any public facilities, as reflected in the analysis conducted to support the proposed amendment. BACKGROUND The subject property is vacant and undeveloped, with the exception of three single-family units and two mobile home trailers, and was annexed into the City of Palm Beach Gardens from unincorporated Palm Beach County through Ordinance 16, 1990. This proposed City-initiated petition is based on the City Council’s direction to staff to prepare a land-use change as a result of a City-wide economic development initiative to diversify the City’s tax base. The initiative recognizes the need to provide more value-added employment opportunities within the City, given the lack of vacant land remaining in the City east of the Urban Growth Boundary (UGB). In order to determine which parcels were most suitable for this purpose, the following specific criteria were developed: 8 8 8 8 8 8 8 8 8 8 Size of Parcel Existing Use Current Zoning and Land Use Designation Public Transit Opportunities Development Approvals Approved Traffic Concurrency Available Utilities Forbearance Agreement Restrictions Other land-use restrictions Land Use Compatibility with Surrounding Area The above criteria were applied to all vacant parcels within the City. The analysis concluded that the Briger Tract is the prime site for the City’s economic development initiative, given its size and location. However, the current land-use designation of the subject site does not provide adequately Date Prepared: January 2, 2005 Meeting Date: February 17, 2005 Petition CP-04-14 Ordinance 7, 2005 Page 3 of 16 for Research and Development uses on the site. At the direction of the City Council, staff has initiated the subject petition to change the current land-use designation of the Briger Tract from Commercial (C) and Residential Low (RL) to Mixed-Use (MXD). The proposed future land-use change is also being initiated as a result of The Scripps Research Institute (TSRI) Alternative Sites Analysis, which was conducted by Palm Beach County in August, 2004. In this study, the Briger Tract was identified as one of the five alternative sites for TSRI should TSRI not locate on the originally selected Mecca Farms site. On September 1,2004, the City Council passed Resolution 191, 2004 (see attachment) recommending the Briger site as the most viable alternative to the previously selected site. The City Council stated in the Resolution that the Briger Tract would provide the most optimal environment and best alternative site for Scripps, Florida, recognizing the value and close proximity of the Abacoa Development of Regional Impact (DRI) located immediately north of the subject site in the Town of Jupiter. As part of the City’s on-going efforts to support TSRI, the City also has completed the data and analysis and the appropriate comprehensive plan amendment text changes to the Future Land Use Element should TSRI select Briger as its alternative site. LAND-USE COMPATIBILITY WITH THE SURROUNDING AREA The Mixed-Use (MXD) designation allows for a variety of uses, including research and light industrial, research clinic, and residential uses. The proposed land-use amendment will allow infill development, protect the rural nature of lands west of the Urban Growth Boundary (UGB), encourage workforce housing opportunities, and take advantage of existing infrastructure on the subject site. The proposed land-use designation will provide opportunities for job creation. The creation of new jobs will require housing to accommodate the workforce. The ability to maintain both jobs and housing within a community provides for a reduction in the number and length of automobile trips. The Briger Tract, with its blend of workforce housing and Research and Development uses, can be coupled with the existing neighborhoods to ensure the interaction between uses, so that daily activities of living, working, learning, shopping and playing can be brought together more closely. Through the master planning process, the subject site can be designed so that uses are integrated on the site in a manner sensitive to the surrounding future and existing uses. The subject site is surrounded by various land uses and major interstate transportation systems compatible with the proposed MXD designation. One of the major interstate transportation systems, Interstate Highway 95, intersects the subject site, which divides the site into eastern and western parcels. The eastern parcel is bounded by the Abacoa Mixed Use Development of Regional Impact to the north; Legends at the Gardens Mixed Use development, the Benjamin School, and San Date Prepared: January 2, 2005 Meeting Date: February 17, 2005 Petition CP-04-14 Ordinance 7,2005 Page 4 of 16 Michelle residential community to the east; Hood Road and Westwood Gardens residential community to the south; and Interstate-95 to the west. The western parcel is surrounded by Interstate-95 to the east; Hood Road and Westwood Lakes residential community to the south; and the Ronald Reagan Turnpike and the Eastpointe residential community to the west. The close proximity to the existing Abacoa Mixed Use DRI provides the potential for significant interaction between Abacoa and the proposed uses of the subject site. Abacoa includes a Town Center with housing, retail, and office, allocated research and development districts, a campus for Florida Atlantic University, a wide variety of built and planned housing, a possible future Tri-Rail facility, recreational facilities, and Roger Dean Stadium. Through innovative design principles, integration of land uses and the ability to utilize future public transit facilities, a future mixed-use development on the Briger Tract will have the opportunity to develop a sustainable community sensitive to the surrounding future and existing uses. The proposed land-use designation provides the opportunity to incorporate the live, play, learn and work components within a master plan that can attract value-added employers to a community. HISTORICAL AND ARCHEOLOGICAL RESOURCES No historical and/or archeological resources have been identified on site. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND-USE The subject site will be developed in accordance with all environmental regulatory and review agencies at the state and federal level. Furthermore, the proposed land-use amendment is consistent with the Conservation Element of the City’s Comprehensive Plan. A detailed environmental analysis has been provided in the attached data and analysis (Map Data and Analysis Attachment J). MAXIMUM DEVELOPMENT POTENTIAL MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND USE DESIGNATION OF COMMERCIAL (C) AND RESIDENTIAL LOW (RL): The maximum vehicular trips allowed under the existing land-use designations of Palm Beach Gardens Commercial (C) and Residential Low (RL) are 40,484 daily trips. The potential impacts of development under the existing land-use designation are as follows: Date Prepared: January 2, 2005 Meeting Date: February 17, 2005 Petition CP-04-14 Ordinance 7,2005 Page 5 of 16 Sanitary Potable Sewer Water POTENTIAL IMPACTS UNDER EXISTING LAND USE OF COMMERCIAL (C) AND RESIDENTIAL LOW (RL) Solid Waste Max. Max. Density External Development / Intensity Trip Potential 19,384 trips 4 dui 2,780 Single- family units ~~ 24.68 acres 40,484 trips TOTAL Recreation/Parks 24.68 acres 713,904 gallonslday 99,175 gallonslday 813,079 gallons/day 1,274,352 47,571 gallonslday poundslday 99,176 14,944 gallonslday poundslday 1,373,528 62,515 gallons/day pounddday MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION OF MIXED USE: The intensities and densities of the proposed land-use amendment are limited to the following: 8 million square feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of commercial. The maximum vehicular trips allowed under the proposed land-use designations of Palm Beach Gardens Mixed-Use (MXD) are 40,305 daily trips. The potential overall impacts of development under the proposed land-use designation are as follows: [This portion of the page intentionally left blank] Date Prepared: January 2, 2005 Meeting Date: February 17,2005 Petition CP-04- 14 Ordinance 7,2005 Page 6 of 16 Max. Max. Density / External Recreation/Parks Sanitary Development Intensity Trip Sewer Potential** Research & Development (includes 300-bed trips Clinic) Commercial (C) 50,000 square 1,377 feet trips 1000 multi- 4,367 256,800 family units trips Residential Use 800,000 gallonslday 5,000 gallonsiday gallondday 1,061,800 gallons/day NIA 34,561 8 million square feet NIA 8.8 acres 40,305 trips TOTAL daily 8.8 acres POTENTIAL IMPACTS UNDER PROPOSED LAND USE OF MIXED USE Potable Solid Water Waste 800,000 120,547 gallonsiday poundstday 5,000 753 gallonsiday poundslday 458,400 17,112 gallondday pounddday 1,263,400 138,413 gallons/day pounddday Max. Density / External Recreatio Sanitary Potable Intensity Trip n / Parks Sewer* Water* 813,079 1,373,528 Existing 991,752 square feet designation dwelling units land-use ~ommercial and 2,780 40,484 pips 24.68 gallons,day gallonstday 8 million square feet Research & Development Clinic), 50,000 square feet commercial and 1,000 dwelling units Proposed land-use designation 1,061,800 1,263,400 gallons/day gallons/day 3991 lo 8.8 acres (includes 300-bed daily pips (1,374 (15.88 248,721 (1 10,128 Difference: daily trips) acres) gallons/day gallons/day) * Sanitary sewer and potable water services are not currently available by the Seacoast Utility Authority (SUA). However, the property lies within SUA’S service area and SUA proposes to provide future services to this area. ** The intensities and densities of the proposed land-use amendment are limited to the following: 8 million square feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of commercial or the equivalent thereof. Solid Waste 623 15 poundstday 138,413 poundslday 75,898 p ounds/day The trip generation analysis reflects that there will be 1,374 fewer external trips than generated by the existing land-use designation. The comparison of the maximum development potentials, as required by Chapter 9J-5, F.A.C., indicates that the development potential under the proposed Mixed-Use designation has less impact than under the exis as proposed. ing land-use designati Date Prepared: January 2, 2005 Meeting Date: February 17, 2005 Petition CP-04-14 Ordinance 7, 2005 Page 7 of 16 n, provided the proposed land-use amendment is limited LEVEL OF SERVICE STANDARDS: The subject property is currently within the municipal boundaries of the City of Palm Beach Gardens. The surrounding area is currently serviced by the City of Palm Beach Gardens, Seacoast Utility Authority, Solid Waste Authority and Northern Palm Beach County Improvement District, all of which will service the subject property. The proposed development will not pose a negative impact on the public facilities in the area. The provided analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for traffic, parks, water, sewer, solid waste, police and fire services. CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN The proposed FLUM amendment is consistent with the Goals, Objectives and Policies contained within the City’s Comprehensive Plan. Additional amendments are being proposed concurrently with the proposed map amendment, consisting of amendments to the Future Land Use Element (text changes), Conservation Element and the Capital Improvements Element. The changes described below demonstrate the internal consistency between the amended Future Land Use Map and the City’s Comprehensive Plan. A. OBJECTIVE OF PROPOSED CONCURRENT AMENDMENTS Future Land Use Element Text Amendment A City-initiated request for a Comprehensive Plan text amendment to the Future Land-Use Element relating to Public/Institutional uses within the Mixed-Use land-use designation. The text amendment clarifies the intent of the Mixed-Use land-use category as a land-use designation that integrates a combination of land-use categories within one planned development. Capital Improvements Element Amendment The Capital Improvements Element (CIE) text amendment is primarily to revise and update the 5- year Capital Improvements Program to be consistent with the current CIP and City budget. The amendments also include minor changes to accommodate the Briger Tract Future Land Use Map amendment. Date Prepared: January 2, 2005 Meeting Date: February 17, 2005 Petition CP-04-14 Ordinance 7,2005 Page 8 of 16 Staff has reviewed the goals, policies and objectives within the CIE and has proposed deletions and additions to make them consistent with the proposed map amendment and the rest of the Comprehensive Plan. Staff has also updated the Capital Improvements Program to reflect current data based on the current City budget. Conservation Element Amendment This is a City-initiated request for an amendment to the Conservation Element to provide definitions and provide alternative methods for ensuring protection of environmentally sensitive lands during the development review process. This amendment will clarify that the City may approve either off- site mitigation or payment in lieu of preservation under appropriate circumstances. The proposed amendment does not conflict with the proposed land-use amendment. B. CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WITHIN THE CITY’S COMPREHENSIVE PLAN The proposed Future Land Use Map amendment is consistent with the Goals, Objectives, and Policies of the City’s adopted Comprehensive Plan. An example of some of the goals, objectives and policies that are consistent with and furthered by the proposed amendment, are listed below. Economic Development Element: GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT NATURAL RESOURCES. Staff Comment: On January 6, 2005 the City Council adopted the Economic Development Element. The Element signals the City’s commitment to successful economic development. The goal of the Economic Element is to achieve a balanced and diversified economy compatible with the built environment. The proposed land-use map change will advance this goal by allowing Research and Development uses on the last remaining large vacant site east of the Urban Growth Boundary (UGB) that is available and appropriate for these uses. Currently, the City has a high percentage of residential uses and is in need of those land-uses recognized by the Economic Development Element that will provide value-added employment. The proposed land-use map Date Prepared: January 2, 2005 Meeting Date: February 17, 2005 Petition CP-04-14 Ordinance 7, 2005 Page 9 of 16 change will provide the opportunity to realize the goal of economic stability by providing the ability to develop those uses that are economic generators. Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such as biotechnology, communications, information technology, medical products, marine biology, aerospace research, and associated ancillary businesses. Staff Comment: The proposed land-use designation will allow for uses such as Medical & Pharmaceutical, Aerospace & Engineering, Information Technology, and Research & Development. The availability of sites within the City that can currently accommodate these listed uses is limited because most of the City is built-out east of the Urban Growth Boundary (UGB). Furthermore, the existing vacant parcels that have an existing land-use designation to accommodate these uses are extremely limited. The proposed land-use amendment will allow for these attractor industries to be located within the City. Policy 13.1.5.2.: The City shall accommodate balanced growth and housing needs ofthe City’s labor force by encouraging the availability of attainable housing to persons earning a livelihood or choosing to reside in Palm Beach Gardens. Staff Comment: The proposed land-use designation includes 1,000 residential workforce housing units. The housing component is a key component within the proposed land-use mix that may provide as much opportunity for on-site workforce housing. Future Land Use Element: Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. Staff Comment: The land-use amendment is a result of the City Council’s direction to divers@ the City’s economic tax base by planning for a more sustainable economic climate. A more diversified and sustainable economy is part of the City’s desired community character. In creating this economic climate, the City will be able to better maintain its existing services and facilities, while not depending solely on property tax increases to provide joy the consistent delivery of quality services. The subject site is Date Prepared: January 2, 2005 Meeting Date: February 17, 2005 Petition CP-04-14 Ordinance 7,2005 Page 10 of 16 located east of the ?ban Growth Boundary (UGB) and will not require extending City services outside of the established urban service boundary. The subject site is located east ofthe Ronald Reagan Turnpike, which is part ofthe “Eastward Ho! ’’ urban corridor, which is generally located parallel to Interstate 95 in a one-to-two-mile wide corridor that includes the area between the Florida East Coast (FEC) and Seaboard Coast (CSX) rail lines. The Eastward Ho! initiative promotes mixed use zoning categories within the urban corridor to encourage revitalization that facilitates future growth without further compromising or degrading the environment and the economic sustainubility of the region. The proposed land-use amendment to the subject site is consistent with the Eustward Ho! recommendations, which are based on sound planning principles that promote economic sustainability. Objective 1.1.6.: The City’s economic base shall be expanded by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. Staff comment: The proposed amendment fuljZls the objective to expand the economic base of the City by allowing mixed-use development on the properly designated site within the City. The designation will allow commercial and light industrial activities marketed toward Research and Development within the City’s Urban Growth Boundary (UGB), so that the cost ofextendingpublic utilities and services are significantly reduced, thereby stimulating economic growth. CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN The proposed future land-use amendment is consistent with the overall Economic Development Goals and Objectives within the Palm Beach County Comprehensive Plan as demonstrated by the following listed examples from that Plan: Goal 1. Balanced and Diversified Economy The economic GOAL of Palm Beach County is to create a balanced and diversified economy. A balanced and diverse economy will encourage growth that provides viable employment opportunities for present and future residents, while supporting land-use policies which protect and improve the quality of the natural and manmade environment. Staff Comment: The proposed land-use amendment is consistent with Palm Beach County’s goal to achieve a Date Prepared: January 2, 2005 Meeting Date: February 17, 2005 Petition CP-04-14 Ordinance 7, 2005 Page 11 of 16 balanced and diverse economy. As a direct result of the proposed land-use change, opportunities for value-added employment will be available to attract industry to Palm Beach County. As the industry develops on site, spin-off companies in similar industries will likely desire to Locate adjacent to the established development. As these industries develop, an industry “cluster I’ will be created unique to the area. Objective 1.1. Balanced Economic Growth Implementation Palm Beach County shall maintain and expand a diversified economy by: *** 2. encouraging growth in cluster industries, presently defined as communications and information technology, medical products, agriculture and food processing, business and financial services, aerospace and engineering, tourism, recreation and entertainment, and other emerging cluster industries which complement changing economic conditions, and other high paying job sectors, and small businesses, as set forth in Objectives 1.2 and 1.4; Stuff Comment: The proposed amendment will allow for the development of a mix of land uses within the Research and Development industry, including business and financial services, aerospace and engineering, and other emerging cluster industries, such as biotechnology. The jobs created by the industries will be high paying and will stimulate significant economic growth within the region. CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN The proposed land-use amendment is consistent with the overall Treasure Coast Regional Planning Council’s Strategic Regional Policy Plan as demonstrated by the following listed goals: Regional Goal 2.2 - A range of housing types and affordabilities in proximity to employment and services. Staff Comment: The proposed land-use designation is intended to deter urban sprawl and encourage new attainable housing opportunities, as well as lessen the need for additional vehicular trips through the internalization within a neighborhood or project. BJ~ including 1,000 residential units within the development program, a housing component is provided within the proposed land-use mix that Date Prepared: January 2, 2005 Meeting Date: February 17, 2005 Petition CP-04-14 Ordinance 7,2005 Page 12 of 16 provides opportunities for on-site worh$orce housing. Regional Goal 2.5 - Future growth which results in the creation of neighborhoods and communities, and not in isolated patterns of development. Staff Comment: The land-use designation is being proposed in order to provide the best opportunity for the creation of a Research and Development oriented mixed-use community. The land-use designation will allow for land development patterns that promote workforce housing, pedestrian scaled community design, and neighborhood commercial centers. Mixed-Use encourages a more sustainable community, in contrast to isolated patterns of development. The proposed land-use amendment will enable a development which blends worybrce housing and Reseurch and Development uses. It also is integrated with the existing neighborhoods, such as Abacoa, to promote the interaction between uses. The interaction brings together more closely the daily activities of living, working, learning, shopping and playing. The proposed land-use designation will complement the existing adjacent uses and compatibility can be assured using sound principles ofplanning and design. Regional Goal 3.6 - Diversification of the year-round economy and establishment of an economic climate that will allow the Region to compete effectively in the global economy. Staff Com men t: The proposed land-use amendment is consistent with this Regional Policy goal by providing opportunities that attract industries to the site, thus promoting an economic climate that will allow the Region to compete effectively in the global economy. CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida Statutes) The proposed land-use amendment is consistent with the overall State Comprehensive Plan. The following State Goals and Policies are specific examples of that consistency: Housing - The public and private sectors shall increase the affordability and availability of housing for low-income and moderate income persons, including citizens in rural areas, while at the same time encouraging self-sufficiency of the individual and assuring environmental and structural quality and cost-effective operations. Staff Comment: The project proposed for the site will include a housing component to provide housing opportunities Date Prepared: January 2,2005 Meeting Date: February 17, 2005 Petition CP-04-14 Ordinance 7,2005 Page 13 of 16 for those employees who will work on site. The mixed-use designation will allow for this housing to be provided at a proximate locution to the Research iind Development portion of the project and other non-residential uses so that the community can operate in a more self-sustainable munner. Land Use - In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner; enhance the livability and character of urban areas through the encouragement of an attractive mix of living, working, shopping, and recreational activities. Staff Corn men t: The proposed land-use designation is specifically designed to encourage a project with a mixture of uses to allow for living, working, shopping and recreation activities. The location of the site is within the Urban Growth Boundary (UGB) of the City, and is an important injll development for the City. The land-use amendment is therefore consistent with the State's goal to direct growth to areas that have urban services that can accommodate growth in a fiscally and environmentally acceptable manner, and is consistent with the State j. poiicy to encourage a mixture of uses to enhance the livability and character of a community. Public Facilities - Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Staff Comment: The land-use amendment is consistent with the State 's public facilities goal as the property is located within the Seacoast Utility Authority (SUA) service area, and it has indicated that there is sufJicient capacity to service the site. The provision of water and sewer services thus will be accomplished in a timely, orderly and efficient manner as the parcel is ultimately developed. In addition, transportation systems, police services, fire-rescue services, andsolid waste services do not require extension outside the established Urban Growth Boundary (UGB), but to a site completely surrounded by existing development and established infrastructure. Transportation - Florida shall direct future transportation improvements to aid in the management of growth and shall have a state transportation system that integrates highway, air, mass transit, and other transportation modes. Date Prepared: January 2, 2005 Meeting Date: February 17,2005 Petition CP-04- 14 Ordinance 7,2005 Page 14 of 16 Staff Comment: The proposed future land-use designation is consistent with the State 's transportation goal in that the intended project can take full advantage of the existing location of Interstate Highway 9.5, the Ronald Reagan Turnpike, and other thoroughfares. As a mixed-use project, better provisions for pedestrian access and mass transit can be encouraged, such as pedestrian walkways and multi- modal transportation. Furthermore, the proposed Tri-rail station at Abacoa DRI will provide a close light rail node that can be included within a public transit system to sewice the site. The Economy - Florida shall promote an economic climate which provides economic stability, maximizes job opportunities, and increased per capita income for its residents. Staff Comment: The proposed land-use amendment will provide for greater opportunity to create a more sustainable economic climate for the City and for Palm Beach County in general. Research and Development use has been consistently identiJied by the Palm Beach County Business Development Board and the City's Economic Development Advisory Board as a key use for fostering long term, value-added employment. The proposed mixed-use designation will provide the opportunity to attract desirable industry, in addition to related venture capitalist investments, biotech industries, pharmaceutical companies, post-secondary educational organizations, and other similar industries, which will contribute to a healthy economy. NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS: On January 7, 2005, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC), the Town of Jupiter and the Palm Beach County School Board were notified of the proposed amendment. Staff has not received any comments to date. LOCAL PLANNING AGENCY On February 8, 2005, the Planning, Zoning, and Appeals Board, sitting as the Local Planning Agency, held a public hearing to review the subject petition and voted 7 to 0 to recommend approval of the subject petition to the City Council. ECONOMIC DEVELOPMENT ADVISORY BOARD On February 10, 2005, the Economic Development Advisory Board voted 6 to 0 to recommend approval of the subject petition to the City Council. Date Prepared: January 2, 2005 Meeting Date: February 17,2005 Petition CP-04-14 Ordinance 7,2005 Page 15 of 16 STAFF RECOMMENDATION: Staff recommends APPROVAL based on the following findings of fact: 0 0 0 The proposed Future Land Use Map amendment is consistent with the existing Goals, Objectives and Policies of the City’s Comprehensive Plan; The proposed Future Land Use Map amendment is consistent with the existing Goals, Objectives and Policies of the Treasure Coast Regional Council Strategic Policy Plan; and The proposed Future Land Use Map amendment furthers the goals of the City’s Economic Development Element, which encourage and initiate proactive efforts to expand the economic base of the City in order to provide for value-added employment opportunities to residents so that the City develops into a sustainable community where residents can live, work, learn and play. Staff recommends APPROVAL of Ordinance 7, 2005, which provides for the transmittal of the proposed map amendment to the City’s Comprehensive Plan. Date Prepared: January 2, 2005 Meeting Date: February 17,2005 Petition CP-04-14 Ordinance 7,2005 Page 16 of 16 EXISTING LAND USE Subiect Propere VacantNndeveloped (except for three single-family and two mobile home trailer units) North Donald Ross Road Abacoa DRI (Town of Jupiter) south Westwood Residential Development Community East Legends atthe Gardens Benjamin High School San Michelle Residential Community y& II EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING ZONING FUTURE LAND USE DESIGNATION Residential Low (RL) (Existing) Mixed Use (Proposed) Planned Development Area (PDA) Development of Regional Impact (DRI) Town of Jupiter Mixed Use (MU) Residential Medium (RM) Residential Medium (RM) Mixed Use/ Public Institutional/ Residential Low-3 Mixed Use/Public InstitutionaUResidential Low Eastpointe Residential Development (Palm Beach County) Palm Beach County Residential Low 2 (2) Palm Beach County Residential Estate (RE)/Planned Unit Development (PUD) Date Prepared: August 31,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 .- RESOLUTION 191,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SUPPORTING THE SCRIPPS RESEARCH INSTITUTE AND OTHER BIOTECH AND RESEARCH AND DEVELOPMENT BUSINESSES LOCATING IN THE CITY OF PALM BEACH GARDENS. WHEREAS, on October 23, 2003, the Florida Legislature approved legislation creating the Scripps Florida Funding Corporation (SFFC), a non-profit, tax-exempt, special-purpose entity and appropriating $31 0 million in federal stimulus funds to the Governor’s Office of Tourism, Trade, and Economic Development (OTTED); and WHEREAS, economists estimate there will be an additional 44,000 jobs as a result of the industry clustering that is expected to take place surrounding the Scripps Florida nucleus; and WHEREAS, The Scripps Research Institute originally selected a 1,920-acre parcel west of Palm Beach Gardens known as Mecca Farms as the site for its Florida expansion; and WHEREAS, on July 20, 2004, the Board of County Commissioners requested an alternative sites analysis be conducted in order to determine a more favorable site for the location for the project in terms of acceptability to Palm Beach County, The Scripps Research Institute, and the State of Florida; and WHEREAS, on August 18, 2004, the Board of County Commissioners transmitted a letter to The Scripps Research Institute Board of Trustees which requested that Board evaluate two alternative sites for the home of Scripps Florida; and WHEREAS, one of the alternative sites included the “Briger Parcel,” a 682 parcel within the City of Palm Beach Gardens; and WHEREAS, the “Briger Parcel” will provide the most optimal environment and best alternative site for Scripps Florida, recognizing the value and close proximity of the Abacoa DRI and Parcel 19 in the Town of Jupiter to allow for additional spin-off secondary and tertiary companies and other supporting residential, commercial, and community components needed to capitalize on the extraordinary opportunities presented by the Scripps project; and Date Prepared: August 31,2004 Resolution 191,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the Abacoa Development of Regional Impact (DRI) located in the Town of Jupiter, situated immediately north of the “Briger Parcel” on the north side of Donald Ross Road, has been planned for a mixture of land uses that will support the spin-off industries associated with research and development and biotechnology, and will play a key component to the economic synergy with the “Briger Parcel” envisioned by the County, State, and Scripps; and WHEREAS, it has been determined in the Preliminary Environmental Assessment included as part the Alternative Sites Analysis final report issued by Palm Beach County dated August 12, 2004, that a number of native upland vegetative communities exist on the ”Briger Parcel”; and WHEREAS, Section 78-252 of the City of Palm Beach Gardens Land Development Regulations provides for a method and criteria to allow for alternative forms of mitigation of upland vegetative communities; and WHEREAS, Section 78-158 of the City of Palm Beach Gardens Land Development Regulations provides a criteria and method for waivers to Planned Unit Developments and Planned Community Developments, which provides for flexibility in the planning and development review process; and WHEREAS, the City is committed to assisting in the processing of any development applications, including, but not limited to, the Development of Regional Impact (DRI) applications, Comprehensive Plan amendments, and Rezoning applications for the planning and development of Scripps Florida on the “Briger Parcel”; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby supports the “Briger Parcel” as the best alternative site that will provide the most optimal environment for Scripps Florida, recognizing the value and close proximity of the Abacoa DRI and Parcel 19 in the Town of Jupiter to allow for additional spin-off secondary and tertiary companies and other supporting residential, commercial, and community components needed to capitalize on the extraordinary opportunities presented by the Scripps project. 2 Date Prepared: August 31,2004 Resolution 191,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 I 20 SECTION 3. The City Clerk is directed to forward a copy of this Resolution to the Honorable Alice D. Sullivan, Chair of TSRI Board of Trustees, and Dr. Richard Lerner, President of TSRI, on The Scripps Board of Trustees and to the Board of County Commissioners. SECTION 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this Iu day of &-&e& ,2004. ATTEST: CH GARDENS, FLORIDA By:% BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VOTE: -7 AYE NAY ABSENT J MAYOR JABLIN --- VICE MAYOR RUSSO A-- COUNCILMEMBER DELGADO --L COUNCILMEMBER LEVY ALP--- G:\onorney-shors\RESOLUTlONSbuppO~ing briger tract for scrippr florlda - reso 191 2004.80~ 3 TABLE 1: PETITION SUMMARY ~~ Property Owner(ij Applicant Agent Parcel Size Parcel Location Parcel Frontage Present Parcel Access Existing Land Use Present Zoning District Present Maximum Development Potential Proposed Development Potential Water Service Provider Wastewater Service Provider Adjacent Municipalities Community and Neighborhood Plans, Special Overlays, and/or Study Areas Mr. Danny G. Bailey Mr. Robert E. Bales Mr. Robert S. Francis Prescott Lester, President Minkin Trust Power Play Sports & Entertainment Mr. Roy Yarnell, BATT Private School City of Palm Beach Gardens City of Palm Beach Gardens 708.14 acres Located immediately east of the Florida Turnpike and south of Donald Ross Road, immediately north of Hood Road. Approx. 5,500 ft. Hood Road Approx. 5, 800 ft. Florida Turnpike Approx.7,800 ft. Interstate-95 Approx. 5,200 ft. Donald Ross Road East Parcel - Dirt Road on north side of Hood Road West Parcel - none Residential Low (RL)/Commercial (C) Planned Development Area (PDA) 2,680 single-family units/ 991,752 sq. ft. of commercial 8 million square feet research and development 300 bed researchlclinical hospital within research and development 1,000 residential units 50,000 square feet of retail Seacoast Utility Authority Seacoast Utility Authority ~~ Town of Juno Beach, Town of Jupiter Hood Road, Donald Ross Road, and Central Boulevard Parkway Overlay, Interstate-95 Interchange at Donald Ross Road and 1-95. TABLE OF CONTENTS MAP DATA AND ANALYSIS .................................................... PAGE 1 - 18 ATTACHMENTS Attachment A - Area Map Attachment B 1 - Proposed Future Land Use Map Attachment B2 - Proposed Future Land Use Map Attachment C - Existing Future Land Use Map Attachment D - Legal Description Attachment E - Traffic Analysis dated January 12,2005 Attachment F - Seacoast Utility Authority Water and Sewer letter dated January 20,2005 Attachment G - LBFH drainage statement dated January 14,2005 Attachment H- Solid Waste Authority letter dated January 13,2005 Attachment I - Soils Map Attachment J - Topography Map Attachment K - Environmental Description Attachment L - Market Study Attachment M- Level of Service Analysis CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT MAP CHANGE: PLEASE SEE THE RESPONSE TO THE REQUIREMENTS IN BOLD. Maps 1. An 8 1/2" X 11" map of the subject area drawn to scale in miles, shading in the subject property. A Map has been included as Attachment 'A' to illustrate the subject property. 2. An 8 1/2" X 11" map of the area, indicating the boundary of the subject property, its location in relation to the thoroughfare network, and the proposed Future Land Use Map designation. A map has been included as Attachments 'Bl' and 'B-2'. 3. An 8 1/2" X 11" section of the City's Future Land Use Map, indicating the subject property, its current land use designation, and the land use designation of abutting properties. A map has been included as Attachment 'C'. 4. Indicate the comprehensive plan maps, other than the Future Land Use Plan Map, whch will need to be modified to include the proposed amendment. No additional maps will be modified for the proposed amendment. 5. If the subject property was recently annexed, or for other reasons has not been included in the Palm Beach Gardens Comprehensive Plan data and analysis, the following information must also be supplied to update all applicable maps: a. soil/mineral types b. wellfield zones/cones of influence C. historic resources d. flood prone areas e. drainage basins and features f major topographical features g. ecological communities/wetlands The subject property is included in the Palm Beach Gardens Comprehensive Plan Data and Analysis. Future Land Use Map Amendment 1 Data and Analysis Petition CP-04- 14 Date Prepared: January 2, 2005 Reports 1. Size of the site in acres or fractions thereof. Subject parcel site area = approximately 708.14 acres. See Attachment ‘D’. 2. Description of existing land (not designations) of subject property and surrounding properties. Existing Use of Subject Property: The subject property is vacant and undeveloped with the exception of three single- family units and two mobile home trailers on site. Existing Use of surrounding properties: North: Donald Ross Road and the Abacoa mixed-use DRI (Jupiter) South: Hood Road and the Westwood Gardens Residential and Commercial Planned Unit Development (PUD) and the Westwood Lakes Residential Planned Unit Development (PUD) East: San Michelle Residential Planned Unit Development (PUD), the Benjamin Upper School Planned Unit Development (PUD) and the Legends at the Gardens Residential Mixed-Use Planned Unit Development West: Site is bisected by Interstate 95 (FDOT State Road No. 9); the western boundary of the property is adjacent to Ronald Reagan Turnpike and Residential Community of East Pointe (Palm Beach County) 3. A narrative which summarizes: a) The maximum allowable development under the existing designation for the site; The existing Future Land Use designation for the site is Residential Low (RL) on 695.14 acres of the site and Commercial (C) on 13.01 acres of the site. The Comprehensive Plan allows up to four (4) units per acre on the portion of the property designated Residential Low. This would allow for up to 2,780 dwelling units on the subject site as summarized in the table below. The Comprehensive Plan allows up to 35% lot coverage and five stories (50 feet) in height for the portion of the property designated Commercial. This would allow for up to 991,752 square feet of general commercial use. Maximum Existing Residential Low (RL) and Commercial (C) Potential Existing Land Use Designation Acres Intensity Residential Low (RL) 695.14 2,780 units 4 unitdacre Commercial (C) 13.01 991,752 35% lot coverage square feet 5 stories (50 feet) Future Land Use Map Amendment Petition CP-04-14 2 Data and Analysis Date Prepared: January 2, 2005 b) The maximum allowable development under the proposed designation for the site; Allocation 353 acres** 49.8% 3.0 acres** .42% 70.38 acres** The proposed land-use plan designation for the 708.14 acre site is Mixed-Use (MXD). The subject site has a Planned Development Area (PDA) zoning designation which requires a Planned Community District (PCD) or a Planned Unit Development (PUD) rezoning prior to development approval of the site. The proposed land-use amendment specific to the site shall be limited the following scenario: 8 million square feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of Commercial or the equivalent thereof. Intensity 8 million square feet (including 300 beds research clinic) 50,000 square feet 1000 multi- Maximum Prooosed Mixed-Use (MXD) Potential* Existing Land Use Allocation Industrial: Research & Development (includes Research Clinic) Commercial (C) Residential Use Remainder Acreage: Roadways, Buffers, Lakes, Upland Set Aside Total: Land-use amendment limited to the following in1 11.2% I family units I I N’A I 281.76 acres 39.8% 708.14 acres 100% isities: 8 million sauare feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of Commercial or the equivalent thereof. ** Indicates net acreage eliminating lakes for drainage. c) A description of the proposed use and information on its compatibility with the surrounding area. The proposed Land Use Plan designation for the 708.14 acre subject site is Mixed Use (MXD). The Mixed Use designation is designed for new development which is characterized by a variety of integrated land use types. The land-use designation would provide for a more innovative, integrated and functional development on the site, which would be beneficial to the City’s goal of diversifying its economic base. The maximum allowable development under the proposed land-use on approximately 708.14 acres has been limited to the following: P 8,000,000 square feet of Research and Development (including a 300 bed research clinic) Future Land Use Map Amendment 3 Data and Analysis Petition CP-04-14 Date Prepared: January 2. 2005 P & 1000 residential workforce single-family and multi-family units 50,000 square feet of Commercial Neighborhood The proposed uses are compatible with the surrounding uses and future land use designations. The property to the north is within the boundary of the Town of Jupiter and is an existing Abacoa Development of Regional Impact (DIU) with a future land-use designation of Mixed-Use. The 2,055-acre Abacoa project includes a Florida Atlantic University campus, a baseball stadium, 6,000 homes, commercial retail development, professional office uses, and is projected to house 15,000 residents by the year 2015. There are three adjacent developments to the east of the subject site. At the northeast end of the site, the Legends Mixed-Use Planned Unit Development is currently under development, which includes 19,375 square feet of professional office, 19,375 square feet of commercial neighborhood, and 186 multi-family units. At the southeast corner of the site is the San Michele Planned Unit Development, which includes 90 single-family homes. Directly east of the subject site located between the two aforementioned projects is the Benjamin Upper School, which is a 187,671 square foot private high school. The construction of the high school included a portion of a thoroughfare roadway that will extend through the subject site and connect to Donald Ross Road as provided for in the City’s Comprehensive Plan Thoroughfare Identification Map (Map 0). To the south of the subject site is one residential multi-family development bisected by Interstate Highway 95, the Westwood Gardens and Westwood Lakes Planned Unit Development (PUD). The Westwood Gardens development includes 699 multi-family units and a 2.4- acre commercial neighborhood parcel that is currently being developed as 28,282 square feet of professional office center. The office center shares access with the Westwood Lakes portion of the residential planned unit development. To the west of the subject site is the Ronald Reagan Turnpike and Eastpointe Residential Planned Unit Development (PUD), which is located within the boundaries of unincorporated Palm Beach County. The existing properties to the north, south, east and west are compatibles uses to the proposed future land use designation for the subject site. The proposed land use designation will permit the type of development that will create the opportunity for new jobs. The creation of new jobs will require housing to accommodate the workforce. The ability to maintain both jobs and housing within a community provides for a reduction in the number and length of automobile trips. The Briger Tract, with its blend of workforce housing and Research and Development uses, can be coupled with the existing neighborhoods to ensure the interaction between uses, so that daily activities of living, working, learning, shopping and playing can be brought together more closely. Through the master planning process, the subject site can be designed so that uses are integrated on the site in a manner sensitive to the surrounding future and existing uses. The proposed land use designation will complement the existing uses and compatibility can be assured using sound planning principles. Future Land Use Map Amendment Petition CP-04-14 4 Datu and Analysis Date Prepared: January 2, 2005 4. A statement ofjustification or reason for the proposed land use amendment, which is based on the physical characteristics of the site, the impact on public facilities and services, and the policies of the City. The proposed request is a City-initiated Comprehensive Plan amendment to change the current land use designation of five parcels known collectively as the Briger Tract, from Commercial (C) and Residential Low (RL) land use designations to Mixed Use (MXD) land use designation. This City-initiated petition is based on City Council’s direction to staff to prepare a land use amendment as a result of a City-wide economic development initiative to diversify its tax base. The initiative recognizes the need to provide more opportunities within the City for value-added employment given the lack of vacant land remaining in the City to achieve this goal. In order to determine which parcels were most suitable for this purpose, the following specific criteria were developed: Size of Parcel Existing Use Current Zoning and Land Use Designation Public Transit Opportunities Development Approvals Approved Traffic Concurrency Available Utilities Forbearance Agreement Restrictions Other land-use restrictions Land Use Compatibility with Surrounding Area In applying the criteria to all vacant parcels within the City to determine which parcels are most suitable for economic development, staffs analysis indicated a list of parcels within its jurisdiction were most appropriate for this initiative. However, the Briger Tract remains the only parcel out of these that currently does not have a land use designation that could accommodate Research and Development uses. At the direction of City Council on September 1, 2004, City staff has filed an application to change the future land use designation for the site. The proposed future land use change is also being initiated as a result of The Scripps Research Institute (TSRI) Alternative Sites Analysis which was produced by Palm Beach County in August, 2004. In this study, the Briger Tract was listed as one of the five alternative sites should TSRI not locate on the originally selected Mecca Farms Site. On September 1, 2004, the City Council passed Resolution 191, 2004, which recommended the Briger site as the most viable alternative site. City Council stated in the Resolution that the Briger site would provide the most optimal environment and best alternative site for Scripps, Florida, recognizing the value and close proximity of the Abacoa DFU located immediately north of the site in the Town of Jupiter. Future Land Use Map Amendment Petition CP-04- f 4 5 Data and Analysis Date Prepared: January 2, 2005 5. As part of the City’s on-going efforts to support TSRI, the City is including limiting the land-use designation to those uses required to support the needs of TRSI within the proposed MXD land use designation, should TSRI select Briger as its alternative site. In addition to accommodating the development of TSRI, the proposed land use amendment will encourage the mixed-use concept that provides alternatives to low density, sub-urban development and will encourage the efficient use of infrastructure and services. Sound planning principles encourage the creation of master plans that support opportunities that create jobs and make available a balance of housing to support the non-residential uses. A description of the availability of and demand on public facilities, indicating the proposal’s impact on established level of service standards: sanitary sewer, potable water, traffic circulation, solid waste, drainage, recreation and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on facilities and services.) The availability of and demand on public facilities has been analyzed based on the “maximum allowable development” as limited to: 8 million square feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of Commercial, or the equivalent thereof. TRAFFIC ANALYSIS: Traffic circulation has been analyzed by McMahon Associates. A copy of the analysis is attached as Attachment ‘E.’ The McMahon trip generation analysis shows a net decrease of 179 daily trips. Based on this study, a link capacity analysis is not required. SANITARY SEWER ANALYSIS: Sanitary sewer services are provided by the Seacoast Utility Authority. A copy of a letter indicating its ability to service this site is attached. See Attachment ‘F’. The City’s Comprehensive Plan provides for the followinp standards: Sanitary Sewer - LOS (107 gallons per day per capita) Existing Land Use Desipnation - PBG Commercial (C) and Residential Low (RL) 99,175 gallons per day based on 991,752 square feet commercial use (991,752 square feet x 0.1 galldayhquare foot) 713,904 gallons per day based on a maximum of 2,780 residential units (2,780 units x 2.4 persons per unit x 107 gallons per day per capita) Future Land Use Map Amendment Petition CP-04-14 6 Data and Analysis Date Prepared: January 2, 2005 Proposed Land Use Designation - PBG Mixed-Use (MXDi 1,061,800 gallons per day based on a maximum of: 8,000,000 square feet of Research and Development (including a 300 bed research clinic) 1,000 residential units (1,000 units x 2.4 persons per unit x 107 gallons per day per capita) 50,000 square feet of Commercial Neighborhood Please note the demand in gallons per day for all calculations are rounded to the next full gallon. An amendment to the CIE is being prepared concurrently with this land use amendment. The sanitary sewer services will be funded by the Seacoast Utility Authority which is a separate entity with its own revenues, expenditures and staff. POTABLE WATER ANALYSIS: Potable water services are provided by the Seacoast Utility Authority. A copy of a letter indicating its ability to service this site is attached. The City’s Comprehensive Plan provides for the followinv standards: Potable Water - LOS (191 gallons per day per capita) Existing Land Use Designation - PBG Commercial (C) and Residential Low (RL) 99,176 gallons per day based on a maximum square footage of 991,752 (991,752 square feet x 0.1 gal/day/square foot) 1,274,352 gallons per day based on a maximum of 2,780 residential units (2,780 units x 2.4 persons per unit x 191 gallons per day per capita) Proposed Land Use Designation - PBG Mked Use (MXD) 1,263,400 gallons per day based on a maximum of: 8,000,000 square feet of Research and Development (300 bed research clinic included) 50,000 square feet of Commercial Neighborhood 1,000 residential units (1,000 units x 2.4 persons per unit x 191 gallons per day per capita) Please note the demand in gallons per day for all calculations are rounded to the next full gallon. STORMWATER MANAGEMENT ANALYSIS: Drainage improvements to the site are identified in the Plan of Improvements for Unit 2/2A prepared by Northern Palm Beach County Improvement District. All of Future Land Use Map Amendment 7 Data and Analysis Petition CP-04-14 Date Prepared: January 2, 2005 the drainage improvements have been completed or are currently under construction. The existing Unit 2/2A Permit has established finish floor elevations and sub-basin storage requirements, consistent with SFWMD, NPBCID and City code requirements, for the site. A Drainage Statement has been completed by LBFH, Inc, Consulting Engineers, Surveyors and Mappers and is attached as Attachment ‘G’. The City’s Comprehensive Plan provides for the followinp standards: Drainage LOS - Comprehensive Plan Existing Development - 1-day/lOO-year storm New Development greater than 10 acres - 3-day/25-year storm New Development less than 10 acres - 1 day/25-year storm The subject property will be required to meet the development standard of a 3- day/25-year storm event during the development review process. SOLID WASTE ANALYSIS: Solid waste services are provided by the Solid Waste Authority. A copy of a letter indicating its ability to service this site is attached. See Attachment ‘H’. The City’s Comprehensive Plan provides for the followinp standards: Solid Waste - Residential LOS (7.13 Ibs. per day per capita) Non-residential LOS (5.5 Ibs. per day per square foot) Existing Land Use Designation - PBG Commercial (C) and Residential Low (RL) 14,944 pounds per day based on a maximum square footage of 991,752 (991,752 square feet / 365 days X 5.5 Ibs.) 47,571 pounds per day for 2,780 units (2,780 units x 2.4 persons per unit x 7.13 Ibs. per day per capita) Proposed Land Use Designation - PBG Mixed Use (MXD) 138,413 pounds per day based on a maximum of: 8,000,000 square feet of Research and Development (300 bed research clinic included) 50,000 square feet of Commercial Neighborhood 1,000 residential units (1,000 units x 2.4 persons per unit x 7.13 Ibs. per day per capita) Please note the demand is rounded to the next full pound. Data and Analysis Date Prepared: January 2, 2005 Future Land Use Map Amendment Petition CP-04-14 8 RECREATION AND OPEN SPACE ANALYSIS: The City’s Comprehensive Plan provides for the followinp standards: Recreation and Open Space LOS - 3.7 acres per 1,000 residents Existing Land Use Designation - PBC Commercial (C) and Residential Low (RL) 24.68 acres needed to meet the City’s LOS of 3.7 acres per 1,000 residents for the estimated 2.4 persons per unit per 2,780 dwelling units. Proposed Future Land Use Designation - PBG Mixed Use (MXD) 8.88 acres needed to meet the City’s LOS of 3.7 acres per 1,000 residents for the estimated 2.4 persons per unit per 1,000 dwelling units The urban level of service standard is 3.7 acres of improved neighborhood and community parks per 1,000 residents. No amendments to the Recreation and Open Space element are required to support the proposed amendment. The proposed land use amendment decreases the demand by 15.80 acres of improved neighborhood and community parks. 6. Analysis of the character of any vacant lands in order to determine suitability for use, including: Soils: Soil information is noted on the attached Soil Map as Attachment ‘1’. Topography, including flood prone areas: The site is located with Northern Palm Beach County Improvement District (NPBCID) sub-unit 2A. A topography Map of the site is attached as Attachment ‘J’. The site is not located within a Special Flood Hazard Area (SFHA) and has a flood zone designation of “Zone B.” The flood zone designation indicates that the area is outside the 100-year floodplain, areas of 100-year sheet flow flooding where average depths are less than 1 foot, areas of 100-year stream flooding where the contributing drainage area is less than 1 square mile, or areas protected from the 100-year flood by levees. No Base Flood Elevations (BFEs) or depths are shown within this zone on the Flood Insurance Rate Maps (FIRMS). Natural Resources An Environmental Assessment has been prepared indicating the existing character of the land and has been attached as Attachment ‘K’ Historic Resources There are no known historic resources on the subject property. Preliminary analyses of the subject site indicate it is suitable for development. Future Land Use Map Amendment Petition CP-04-14 9 Data and Analysis Date Prepared: January 2, 2005 7. Analysis of the relationship of the amendment to the population projections: Development Alta Pines Bent tree Catalina Lakes Donald Ross Village Evergrene Frenchmans Creek Frenchmans Reserve Garden Lakes Gardens East Apartments Commons(Parce1 1-3) Population projections (indicate year) Relationship of amendment to the analysis (included in the plan-9J-5.006(2)(~)) of the amount of land needed to accommodate the projected population Revised population projections (if applicable) Housing Units 264 185 256 109 156 1037 644 530 584 367 0 Relationship of amendment to the analysis (included in the plan-9J-S.O06(2)(c)) of the amount of land needed to accommodate the projected population The projected population for the year 2015 is 63,273 residents, which will require 26,363 dwelling units to accommodate the population. The proposed amendment from Commercial (C) and Residential Low (RL) land-use designation to a limited Mixed- Use (MXD) land-use designation removes 1,780 dwelling units from the current development potential of the City, which is 6% of the projected housing need in 2015. In calculating the existing, proposed and future development potential of the City, it is estimated that approximately 27,622 dwelling units will be developed within the City limits, thereby providing adequate capacity for the projected populations. The proposed amendment does not negatively affect the amount of land needed to accommodate the projected population. 0 Revised population projections (if applicable) Not applicable. 8. Whether the development (if it provides housing) is proposed to meet the housing needs of the anticipated populations. The development is not needed to meet the housing needs of the anticipated populations. A large portion of the City is currently designated Residential and the current land- use amendment has been initiated to diversify the City’s Future Land Use Map in order to provide opportunities for economic development. List of housing developments within City limits: Ballenisles Total Existing Development outside of 3 mile radius 777 181 03 7593 Future Approved Total Future Land Use Map Amendment I1 Data and Analysis Date Prepared: January 2, 2005 Petition CP-04-14 1926 27622 GRAND TOTAL 33608 9. Hurricane evacuation re-analysis based on the proposed amendment, considering the number of persons requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and times. The area shelter locations other than those that may be provided on-site in the new schools are: William Dwyer High School 13601 N. Military Trail Palm Beach Gardens, Florida Watson B. Duncan Middle School 5150 117'h Court North Palm Beach Gardens, Florida Benjamin High School 4875 Grandiflora Road Palm Beach Gardens, FL 33418 10. Whether the proposed amendment affects beach accessibility. No. 11. Whether the site contains habitat for species listed by federal, state or local agencies as endangered, threatened or species of special concern. (Identify the species and show the habitat location on a map.) To date, the preliminary listed species surveys associated with the Briger Tract that have been conducted by Environmental Services Incorporated and Biological Research Associates have identified the occurrence of only one (1) resident listed animal, the gopher tortoise (Gopherus polyphemus), which is considered a Species of Special Concern by the FFWCC, and is not listed by the USFWS. This species currently is being reviewed by the FFWCC for elevation to Threatened status, but any potential action is not anticipated prior to project permitting. The vast majority of the property has only marginal habitat for the tortoise and only remnant individuals are expected to be located by specific field surveys. Although no individuals have been observed, a few active burrows and recent evidence (scat) have been encountered. Several Wood Storks (Mycteria americana; endangered) were observed foraging opportunistically in a nearly dry wetland in the southeast quadrant in November 2004. Other potential species, along with their preferred habitat, sampling method, probability of occurrence, and state/federal legal status, are indexed in the Environmental Description attached as Attachment K. No significant listed plant species have been identified on-site, and highly consequential protected plant or wildlife issues for site development are not expected. Future Land Use Map Amendment 12 Data and Analysis Petition CP-04-14 Dute Prepared: Junuary 2, 2005 12. Whether the proposed amendment affects adjacent local governments. On January 10,2005, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC), the Town of Jupiter and the Palm Beach County School Board were notified of the proposed amendment. Staff has not received any comments to date. The close proximity to the existing Abacoa Mixed Use DRI provides the potential for significant interaction between Abacoa and the proposed uses of the subject site. Abacoa includes a Town Center with housing, retail, and office, allocated research and development districts, a campus for Florida Atlantic University, a wide variety of built and planned housing, a possible future Tri-Rail facility, recreational facilities, and Roger Dean Stadium. 13. Whether the amendment is based on the annual monitoring and evaluation review of the Capital Improvements Element. The amendment is not based on an evaluation review of the Capital Improvements Element. 14. Capital Improvements re-analysis, if the amendment relates to the schedule of capital improvements, including: 0 Public facility needs, as identified in the other plan elements, and relative priority of needs 0 Ability to finance the proposed capital improvements, including forecasting of revenues and expenditures, and projections of debt service obligations, tax bases, assessment ratio, mileage rate, other revenue sources, operating cost considerations, and debt capacity. The Capital Improvements Element (CIE) text amendment is primarily to revise and update the 5-year Capital Improvements Program to be consistent with the current CIP and City budget. The amendments also include minor changes to accommodate the Briger Tract Comprehensive Plan Future Land Use Map amendment. 15. If the proposal is for commercial, industrial or mixed-use land use, a market study demonstrating the economic feasibility of the development and the Iocational advantage over existing non-residential lands is required consistent with Policy 1.1.6.2. (NOTE: See Policy 1.1.6.4. also.) A market study has been prepared and is attached as Attachment ‘L.’ 16. Information regarding the compatibility of the proposed land use amendment with the future land use element goals, objectives and policies, and those of other affected elements. (NOTE: This should include a list of all goals, objectives and policies which are consistent with and furthered by this proposed amendment.) Future Land Use Map Amendment 13 Data and Analysis Petition CP-04-14 Date Prepared: January 2, 2005 The proposed Future Land Use Map amendment is consistent with the overall intent of the Goals, Objectives, and Policies within the City’s adopted Comprehensive Plan. An example of some of the goals, objectives and policies, which are consistent with and furthered by the proposed amendment, are listed below. Economic Development Element: GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT NATURAL RESOURCES. Staff Comment: On January 6, 2005 the City Council adopted the Economic Development Element. The Element signals the City’s commitment to successful economic development. The goal of the Economic Element is to achieve a balanced and diversified economy compatible with the built environment. The proposed land-use map change will advance this goal by allowing research and development uses on the last remaining large vacant site east of the Urban Growth Boundary (UGB) that is available and appropriate for these uses. Currently, the City has a high percentage of residential uses and is in need of those land-uses recognized by the Economic Development Element that will provide value-added employment. The proposed land-use map change will provide the opportunity to realize the goal of economic stability by providing the ability to develop those uses that are economic generators. Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such as biotechnology, communications, information technology, medical products, marine biology, aerospace research, and associated ancillary businesses. Staff Comment: The proposed land-use designation will allow for uses such as Medical & Pharmaceutical, Aerospace & Engineering, Information Technologv, and Research & Development. The availability of sites within the City that can currently accommodate these listed uses is limited because most of the City is built-out east of the Urban Growth Boundary (UGB). Furthermore, the existing vacant parcels that have an existing land- use designation to accommodate these uses are extremely limited. The proposed land-use amendment will allow for these attractor industries to be located within the City. Policy 13.1.5.2.: The City shall accommodate balanced growth and housing needs of the City’s labor force by encouraging the availability of attainable housing to persons earning a livelihood or choosing to reside in Palm Beach Gardens. ~ Future Land Use Map Amendment Petition CP-04-14 14 Data and Analysis Date Prepared: January 2. 2005 Staff Comment: The proposed land-use designation includes 1,000 residential worvorce housing units. The housing component is a key component within the proposed land-use mix that may provide as much opportunity for on-site worvorce housing. Future Land Use Element: Objective 1.1 S.: Future growth, development, and redevelopment shall be directed to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. Staff Comment: The land-use amendment is a result of the City Council’s direction to divers@ the City’s economic tax base by planning for a more sustainable economic climate. A more diversified and sustainable economy is part of the City’s desired Community character. In creating this economic climate, the City will be able to better maintain its existing services and facilities, while not depending on property tax increases to provide for the consistent delivery of quality services. The subject site is located east of the Urban Growth Boundary (UGB) and will not require extending City services outside of the established urban service boundary. The subject site is located east of the Ronald Reagan Turnpike, which is part of the “Eastward Ho! ” urban corridor, which is generally located parallel to Interstate 95 in a one-to-two-mile wide corridor that includes the area between the Florida East Coast (FEC) and Seaboard Coast (CSX) rail lines. The Eastward Ho! initiative promotes mixed use zoning categories within the urban corridor to encourage revitalization that facilitates future growth without further compromising or degrading the environment and the economic sustainability of the region. The proposed land-use amendment to the subject site is consistent with the Eastward Ho! recommendations, which are based on sound planning principles that promote economic sustainability. Objective 1.1.6.: The City’s economic base shall be expanded by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. Staff comment: The proposed amendment fuIJ;Ils the objective to expand the economic base of the City by assuring mixed-use development on the properly designated site within the City. The designation will allow commercial and light industrial activities marketed toward research and development within the City’s Urban Growth Boundary (UGB), so that the cost of extending public utilities and services are significantly reduced, thereby stimulating economic growth. 17. A description of the effect on the Comprehensive Plan elements, indicating specific changes or modifications that will be needed for internal consistency. Future Land Use Map Amendment 1.5 Data and Analysis Petition CP-04-14 Date Prepared: January 2, 200.5 18. 19. 20. The Capital Improvements Element (CIE) text amendment is primarily to revise and update the 5-year Capital Improvements Program to be consistent with the current CIP and City budget. The amendments also include minor changes to accommodate the Briger Tract Comprehensive Plan Future Land Use Map amendment. Copies of prior development approvals, including development order conditions. No previous development approvals exist for the subject property. Relationship of the proposal to the Evaluation and Appraisal Report, if applicable. This proposal is not related to an Evaluation and Appraisal Report. A listing entitled ''Consistency of the Local Comprehensive Plan with the State Comprehensive Plan" prepared pursuant to Rule 9J-5.021(4), FAC. The proposed land-use amendment is consistent with the overall intent of the State Comprehensive Plan. The following State Goals and Policies are specific examples of that consistency: Housing - The public and private sectors shall increase the affordability and availability of housing for low-income and moderate income persons, including citizens in rural areas, while at the same time encouraging self-sufficiency of the individual and assuring environmental and structural quality and cost-effective operations. Staff Comment: The project proposed for the site will include a housing component to provide housing opportunities for those employees who will work on site. The mixed-use designation will allow for this housing to be provided at a proximate location to the research and development portion of the project and other non-residential uses so that the community can operate in a more self-sustainable manner. Land Use - In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner; enhance the livability and character of urban areas through the encouragement of an attractive mix of living, working, shopping, and recreational activities. Staff Comment: The proposed land-use designation is specifically designed to encourage a project with a mixture of uses to allow for living, working, shopping and recreation activities. The location of the site is within the urban service area of the City, and is an important infill development for the City. The land-use amendment is therefore consistent with the State's goal to direct growth to nreas that have urban services that can accommodate growth in Future Land Use Map Amendment 16 Data and Analysis Petition CP-04-14 Date Prepared: January 2, 2005 a fiscally and environmentally acceptable manner, and is consistent with the State’s policy to encourage a mixture of uses to enhance the livability and character of a comm unity. Public Facilities - Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Staff Comment: The land-use amendment is consistent with the State’s public facilities goal as the property is located within the Seacoast Utility Authority (SUA) service area, and it has indicated that there is sufficient capacity to service the site. The provision of water and sewer services thus will be accomplished in a timely, orderly and efficient manner as the parcel is ultimately developed. In addition, transportation systems, police services, fire-rescue services, and solid waste services do not require extension outside the established Urban Growth Boundary (UGB), but to a site completely surrounded by existing development and established infrastructure. Transportation - Florida shall direct future transportation improvements to aid in the management of growth and shall have a state transportation system that integrates highway, air, mass transit, and other transportation modes. Staff Comment: The proposed future land-use designation is consistent with the State’s transportation goal in that the intended project can take full advantage of the existing location of Interstate Highway 95, the Ronald Reagan Turnpike, and other thoroughfares. As a mixed-use project, better provisions for pedestrian access and mass transit can be encouraged, such as pedestrian walkways and multi-modal transportation. Furthermore, the proposed Tri-rail station at Abacoa DRI will provide a close light rail node that can be included within a public transit system to service the site. The Economy - Florida shall promote an economic climate which provides economic stability, maximizes job opportunities, and increased per capita income for its residents. Staff Comment: The proposed land-use amendment will provide for greater opportunity to create a more sustainable economic climate for the City and for Palm Beach County in general. Research and development use has been consistently identified by the Palm Beach County Business Development Board and the City’s Economic Development Advisory Board as a key use for fostering long term, value-added employment. The proposed mixed-use designation will provide the opportunity to attract desirable industry, in addition to related venture capitalist investments, biotech industries, pharmaceutical companies, post-secondary educational organizations, and other similar industries, which will contribute to a healthy economy. Future Land Use Map Amendment Petition CP-04-14 17 Data and Analysis Date Prepared: January 2, 2005 13 Attachment A - Proposed Land Use for Briger Slte \ Abacoa DRI \ Town of Jupiter 1 i 1 T 24 I DON, JI MXD 26 I' ~ 11 Legend - Dens-e&ct&n-C3rlay I I rz:Growth Boundary - e Parkway - RL - Residential Low - ROS - Recreation Open Space - RM - Residential Medium - CR - Commercial Recreation - RH - Residential High -CONS - Conservation -C - Commercial - MXD - Mixed Use -W - Professional Offie mm RRlO - Rural Residentiial(1 per 10 Acres) -I - Industrial - RR20 - Rural Residentiil(1 per 20 Acres) nP-PuMii 0 RVL - Residential Very Low - Nolthlake Boulevard Overlay Zone (NBOZ) - Approved DRlKD With Master SIte Plan On File d#$ %stem Northlake Boulevard Corndor Planning Arf MacArthur ---,,a Boulevard Histonc Overlay w+E S T mMH-MobileHome mG-Golf Attachment B1 1. L -- 1 I I! ii I B.(3) ORDER OF TAKING (O.R.B. 4296, PAGE 1151) I N89’55’47”E 2660.49’ 75’ I L20 L21 L22 - N89’55’1O”E 2668.72’ 1 - L27 (O.R.B. 4296, PAGE 1151) i ! r r I ! i I P.O.B. i PARCEL 27 I t ni ! P ! L ! ! ! i ’ GRAPHIC SCALE I SECTION 26, PALM BEACH COUNTY, FLORIDA TOWNSHIP 41 SOUTH, RANGE 42 EAST, n EAST 1/4 CORNER --, AREA EAST OF INTERSTATE 95 491.79 ACRES f PARCEL 1 475.69 ACRES f EAST 40’ N.E.& 2628.82’ B.(2) I ORDER OF I TAKING (O.R.B. 4296, 42 EAST,I PAGE 1151) I PALM BEACH COUNTY, FLORIDA 500 ldoo m2004 LBFH Inc. :o P P.O.C. PARCEL N.E. CORNER SECTION 26 &- so1 ‘20’00”W 75.02’ WEST 250’. EAST 290’. /O A SOUTH 330’, 7 N.W& NE^ :THIS IS NOT A SU~VEY (SUBJECT TO FIELD SURVEY) NORT~ OF’HOOD ROAD CONSULTING CIVIL ENGINEERS, Scale: 1 ”= 1000’ SKETCH AND DESCRIPTION FOR: SURVEYORS k MAPPERS PALM BEACH GARDENS RRIGFR TRACT -~ Sheet 1 of 6 3550 S.W. Corporote Parkway, Palm city, Florida 34990 Computed: NAB Datf BPR & FBPE License No: 959 www.lbfh.com Checked: LL8 / Attachment D (772) 286-3883 Fax: (772) 286-3925 LEGAL DESCRIPTION -BRIGER TRACT I CONTINUED FROM SHEET 2 OF 5 - 2 8 3 8 dd r. 4 5 C i? In A DISTANCE OF 1263.58 FEET TO THE POINT OF BEGINNING. CONTAINING 206.94 ACRES, MORE OR LESS. TOGETHER WITH; THE EAST 40 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP FOR HOOD ROAD IN DEED BOOK 1142, PAGE 337, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. CONTAINING 0.538 ACRES. TOGETHER WITH: THE WEST 250 FEET OF THE EAST 290 FEET OF THE SOUTH 330 FEET THEREOF, LESS THAT PART IN HOOD ROAD; TOGETHER WITH: ALL THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 ROAD, LESS AND EXCEPTING THERE FROM: THE EAST 40 FEET THEREOF, AND CONTINUED ON SHEET 4 OF 5 41 SOUTH, RANGE 42 EAST, LESS THAT PORTION CONVEYED TO COUNTY OF PALM BEACH FOR ROAD RIGHT-OF-WAY SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF HOOD THIS IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) 0 2004 LBFH Inc 7 CONSULTING CIVIL ENGINEERS, Scale: NA REVISIONS: SURVEYORS k MAPPERS Sheet 3 Of 6 Field Book: I Field: N/A rp P N/A I I Page: N/A I 3550 S.W. Corporate Parkway, Palm City, Florida 34990 (772) 286-3883 Fax: (772) 286-3925 BPR & FBPE License No: 959 FILE NO. Project No. 1 04-4388 C:\LUANO\SKSK\OW\ ERIGER-TRACT.OW LEGAL DESCRIPTION -BRIGER TRACT CONTINUED FROM SHEET 3 OF 5 COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; THENCE RUN N 88’07’24” W, A DISTANCE OF 1266.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE N 01’52’36” E, A DISTANCE OF 80.00 FEET; THENCE N 88’07’24” W, A DISTANCE OF 340.26 FEET; THENCE N 28’00’12” W, A DISTANCE OF 1477.07 FEET; THENCE N 89’24’43” W, A DISTANCE OF 423.66 FEET; THENCE S 28’00’12” E, A DISTANCE OF 1465.33 FEET; THENCE N 89’04’42” W, A DISTANCE OF 200.00 FEET; THENCE S 01’52’36” W, A DISTANCE OF 227.32 FEET; THENCE S 88’07’24” E, A DISTANCE OF 332.50 FEET; THENCE S 28’00’12” E, A DISTANCE OF 1380.87 FEET; THENCE S 87’56’ 10” E, A DISTANCE OF 429.84 FEET; THENCE N 2800’12” W, A DISTANCE OF 1365.72 FEET; THENCE N 89’00’51” E, A DISTANCE OF 200.00 FEET; THENCE N 01’52’36” E, A DISTANCE OF 154.56 FEET TO THE POINT OF BEGINNING. CONTAINING 13.96 ACRES. TOGETHER WITH: THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT RIGHT-OF-WAY FOR HOOD ROAD. CONTAINING 9.42 ACRES. $1 ra BEARING BASE: 4 THE WEST BOUNDARY OF PARCEL 1 OF OFFICIAL RECORDS BOOK 6608, 5 PAGE 288, PUBLIC RECORDS OF PALM BEACH GARDENS, FLORIDA. PROJECT NAME: SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS CONSULTING CIVIL ENGINEERS, Scale: NA REVISIONS: SURVEYORS & MAPPERS Sheet 4 of 6 Field Book: N/A Field: N/A Page: N/A ‘ 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: NAB Date FILE NO. Project No. z (772) 286-3883 Fax: (772) 286-3925 04-4388 G:\LEUND\SKSK\DWC\ + RDR a, FnDC i;c.npp Nn. am uu.urihfhmm Checked: I-LB 1/1 1/04 BRIGER-TECT.DWG LINE AND CURVE TABLE CURVE TABLE CURVE I RADIUS IDELTA ANGLE^ LENGTH s THIS IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) @ 2004 LBFH Inc r \ r SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF $ A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS - FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. PROJECT NAME: SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS BRIGER TRACT SURVEYORS k MAPPERS 1 "Partners FOT Results. Sheet 5 Of 6 Field Book: N/A Page: N/A Field: N/A IINC. Valve By Design" FILE NO. Project No. 2 2 BPR dr FBPE License NO: 959 www.lbfh.com 'Checked: LLB ' / /04 OJ-WBZCDD-CMR m.DwC (3 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: NAB Date (772) 286-3883 Fax: (772) 286-3925 04-4388 - 18 52424126000009010 I I I I I I 23 I I - __ __ _- -_ __ __ -- -- -- -- -- -- -- -- DONALD -- -- ROSS -- -- ROAD -- _________ 1 -____ 0 - I' LL 9 I i 2 8 N I t N c c > z L a c 0 I n I 17 0 524241 26000009010 i m C 5 - 52424135000001020 4 - 52424135000001080 I a -- -_ - -- ---___-_ D c c 16 - 52424126000007010 - - - - _ - - _ 2 w V ar 6 4 52424135000003010 I I 524241 35000001 020 a I, I 1 52424135000001020 6: - =6 II II I1 E' Y522 =I 8 I I I I 13 - 52424135000003050 13 - 52424135000003040 I 12 - 52424135000003020 I 11 - 52424135000003090 9 - 524241 35000003040 I 8 - 52424135000003030 10 - 52424135000001030 I HOOD ROAD - 52424135000003060 ROAD I I I I I I I I I I I I I I -- -- -- __ _J 35 -- -- -- -- __ __ __ -- -- -- -- -- -_ __ __ __ L -- __ __ @ 2004 LBFH Inc. CONSULTING CIVIL ENGINEERS, Scale: 1 "= 1 000' SKETCH AND DESCRIPTION FOR: SURVEYORS & MAPPERS PALM BEACH GARDENS "&rtners For Resdts. Sheet 6 of 6 Value Bg Design" (772) 286-3883 Fax: (772) 286-3925 Palm City. Florida 34990 NAB FILE NO. Project No. Date GRAPHIC SCALE A SURVEY (SUBJECT TO FIELD SURVEY) 04-4388 G:\LEUND\SKSK\DWO\ www.lbfh.com Checked: LLB ' ' /' ' IO4 BRICER-lRACT.DWC 1 . RESPONSIVE TRANS PORTATION SOLUTIONS January 20,2005 PRINCIPALS: Joseph W. McMahon, P.E. Rodney P. Plourde, Ph.D.. P.E. Joseph I. DeSantis, P.E., P.T.0.E ASSOCIATES: John S. DePalma Casey A. Moore, P.E. William T. Steffens Keith A Bergman, P.E. Gary R. McNaughton, P.E., PT0.E. John J. Mitchell, PE. Christopher I. Williums, PE. Ms. Natalie Wong City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Briger Tract Future Land Use Amendment Statement McM Project No. M04693.00 Dear Ms. Wong: McMahon Associates, Inc. (McM) has prepared this statement of the traffic condition analysis relevant to the Future Land Use Atlas (FLUA) Amendment application for the Briger Tract, located within the City of Palm Beach Gardens in Palm Beach County. This approximately 708-acre tract is generally bounded by Donald Ross Road to the north, Hood Road to the south, the Florida Turnpike to the west and Central Boulevard to the east. The site is depicted in Figure 1, which illustrates the approximate location of the site relative to the surrounding roadway network. General Information The current future land use designation for the site includes approximately 695 acres of Residential Low (RL) that allows a maximum of four dwelling units per acre, and 13 acres of Commercial (C). The City has determined that this site, under the existing land use designation, could have a maximum development potential of 2,780 dwelling units and 991,752 square feet of retail land use. The proposed future land use designation for the entire 708 acres is Mixed Use (MXD) and includes the following land uses and corresponding densities as the maximum development program: Attachment E 7741 North Military Trail, Suite 5, Palm Beach Gardens, Florida 334 10 56 I .840.8650 fax 561.840.8590 email: palmbeachgardens@mcmtrans.com Regional Offices: Boston, Massachusetts www.mcmtrans.cOm Established in I976 Fort Lauderdale B Cape Coral, Florida Fort Washington, Exton B Harrisburg, Pennsylvania Southern Blvd Study Location Figure 1 Site Location Map Briger Tract FLUA - Scenario 1 Palm Beach Gardens, Palm Beach County, FL RESPONSNE TRANSPORTATION SOLUTIONS Ms. Natalie Wong January 20,2005 Page 3 0 8,000,000 square feet of Research and Development Center 0 200 Single-family Dwelling Units 800 Multi-family Dwelling Units 50,000 square feet of Commercial Retail Note that a 300 bed medical research facility will be included within the 8,000,000 square feet of research and development center. Project Trip Generation The trip generation for the current and proposed future land use designation was calculated based on the formulas published in the Institute of Transportation Engineers (ITE), Trip Generation, 7* Edition. Table 1 summarizes the daily trip generation characteristics for this project. Palm Beach County pass-by rates were applied where applicable and subtracted fiom the trip generation calculations, since these are trips that are considered to be on the roadway network notwithstanding development on this tract. Due to the fact that part of the future vehicle trips will be made among the various land uses without going out of the site, internal trips were also calculated and subtracted fiom the total trips. Internalization calculations between the four classifications of proposed land uses and two classifications of current future land uses were performed using the guidelines published within the ITE, Trip Generation Handbook. The internalization percentages approved for both the Palm Beach County Biotechnology Research Park and Gardens Scientific and Technology Community Developments of Regional Impact (DRI) were also used to establish internalization rates between land uses. The internal trip calculation sheets for current future land uses and proposed future land uses are included in Table 2 and 3, respectively. The resulting number of net new tips in Table 1 is 1,374 fewer trips than would occur under the current future land use designation. This indicates that this project has no significant impact on the surrounding roadways. i; a "i a t n . Ms. Natalie Wong January 20,2005 Page 7 Therefore, since fewer trips will be generated by the proposed land use, no capacity analysis is needed based on City of Palm Beach Gardens Comprehensive Plan Transportation Element and Palm Beach County FLUA Amendment requirements. Conclusion McM has evaluated the potential traffic impacts associated with the proposed land use change to MXD development of the Briger Tract, in accordance with the City of Palm Beach Gardens Comprehensive Plan Transportation Element and Palm Beach County Future Land Use Atlas Amendment requirements. The proposed change in the fbture land use designation will result in a decrease in daily trip generation of 1,374 daily trips. Based on this result, no link capacity analysis is needed since the impact on the surrounding roadway system will not be significant. Therefore, McM recommends that the FLUA Amendment be approved. .+ .-?- -- ,' y&-m@*w, -- ,- . Board of Profess -- -I_ 01/20/2005 12 09 FAX M 002/003 W CJICCUTIVE Cwrtct. Seacoast Utility Authority Jmuq 20,2005 FAX 799-4111 Kam hill City of Palm Beach Gardens 10500 Military Trail Palm BcAch Gardens FL 33410 Re: Sr&r Tract Service Availability Information DcwMs. Irwin: Seacoast Utili@ Authority is pled lo olk tlre following rcspmc to pur savicc availability request fhxd to Bruce GrcBg on January 20,2005. l'he referenced project lies within Seacoast's water and sewcr service BTM. Subject to prevailing fees, charges, pohcks and practices, Seacoast rhcrcfort proposes to provide the projet with watcr and sewcr service. A statement of cumt Lreatmcnt plant capacity and pmjcctcd mce demand follows. CAPACJTY DEMAND SUMMARY EXPRESSED AS MLLION GAI..I.ONS PER DAY Currt3llt Plant COmmittd Capacity and in Use This Project (1 013 1/041 f10/3 1/04) WATER (Avg. Day) 24.60 2 1.02 1.45 SEWER (3 Mo. Max. Day) 12.00 8.45 1.14 RECLAIMED WATER 8.00 7.43 (Reclaiincd water treatment capacity expansion to 12.00 MGD began constniction in Jdanuiy 2005.) 43 0 Hood Road, ... \ Bcoch Gardens. rlorids 33 w Phocw. Customcr Service (561) 627-2920 I Executive Office (561) 627-2W /-Fax (561) 621-2839 Attachment F 01/20/2005-12 09 FAX 003/003 Krus lrwin Page -2- JdnUVrY 20,2005 While Seamast’s existing facilities provide sufficient water treatmenl Mpacily lo scrvc the project, Seacoast may determine that Floridan aquili-r wclls and a reverse osmosis water trttatment plant rcprcscnt thc most cffcctive way to meet future regional demand. If so, these fxilities will be sized to incorporate this project’s water supply nccds. Sinccrcly, SEACOAST yuLlTY AUTHORITY Rim Bishok Executive Director cc: RonFems Rnice Gregg Dee Gilts January 6,2005 MEMORANDUM To: Ms. Natalie Wong From: Daniel P. Clark, P.E., City Engineer Subject : Drainage Statement for the Briger Tract The Briger Tract is located north of Hood Road, south of Donald Ross Road, east of the Turnpike and west of Central Boulevard in Palm Beach Gardens. The site has a conceptual environmental resource permit issued from South Florida Water Management District to Northern Palm Beach County Improvement District. The site is approximately 708.14 acres. Drainage improvements to the site are identified in the Plan of Improvements for Unit 2/2A prepared by Northern Palm Beach County Improvement District. All of the drainage improvements have been completed or are currently under construction. The existing Unit 2/2A Permit has established finish floor elevations and sub-basin storage requirements consistent with SFWMD, NPBCID and City code requirements, for the site. Additional site specific improvements will require City and agency review and a permit modification. If you would like to discuss this, please call. Attachment G Thursday 13 of Jan 2005, Faxination ->561 799 4111 January 13,2005 LBFH (City of Pa..n Beach Gardens 3550 SW Corporate Parkway Palm City, FL 34990 Am: Judy A.T. Dye Subject: BrigerTract Availability of Solid Waste Disposal Capacity Dear Ms. Dye: The Solid Waste Authority of Palm Beach County hereby provides certification that the Authority has disposal capacity available to accommodate the solid waste generation for the full build out of the proposed Briger Tract project in the yaw 2020. This letter also constitutes notification of sufficient capacjty for concunency management and comprehensive planning putpases. Capacity is available for both the coming year, and the five and ten year planning perioaS spccificd in 9J-5.005(4). As of September 30.24W4, the Authority's North County Landfills bad an estimated 37,869,813 cubic yards of landfjll capacity remaining Based upon the existing Palm Beach Couniy population, the most raently available population growth rates published by the University of plod& Bmau of Eamomic and Business and Research (BEBR), mdum projection, and projected rata of solid waste generation, waste reduction and recycling, the Solid Waste Authority fmcasts that capacity will be available at the existmg landfill through appmximately the year 2021, assuming the depletion of the Class I and Class balanced. The Solid Waste Authwity of Palm Beach County currently owns land that could be developed as a landfill when the existing capacity is depleted, and easily provide capacity for 40 or more years beyond the current site capacity (i.e., beyond 2065). landfills is approximately Based on discussions with County planning staff regarding projects of similar scope and magrutude, the Briger Tract should not increase the rate of population gmwth, nor the total county population projection above that predicted in the BEBR medium projection. For this reoson the Briget Tract pmject will not have an impact on the long-term solid waste disposal capacity for Palm Beach County. The Authority is funded on an enteiprise basis. The annual disposal assejsment collected from all improved properties in the county, together with other revenues (recycling revenues. electricity sales, etc.) fund a11 the OM and capital expenditures for the Authority, including paying any costs associated with Bonds sold to fund capital improvements. Tht Authority continues to pursue optiws to increase the life of its existing facilities and to provide for all of the County's cumt and future disposal and recycling needs. Page 2 of 3 >-- -..- ..,. ." rw: Attachment H Thursday 13 of Jan 2005, Faxination ->561 799 4111 Page 3 of 3 lfyoa have my questions or I can be of further assistance, please do not hesitate to contact me. Marc C. Bruner, Ph.D. Director of Planning and Environmental Programs c: John Booth, SWA Dan Clark, Palm Beach Gardens Attachment I 0 0.25 050Km Swrce USGS 124.000 Della (1983). Jupm (1983). Rawera Beach (1983). and Rood (1983) Quadranqles Sections 26 and 35 Tawnahtp 41 Soulh. Range 42 East I Figure. Project: EP04122 July 2004 Location/Topographic Map Briger 683-ac Parcel Palm Beach Gardens, Florida EN V IRON M Eh TAL SERVICES. Ih'C. L ENVIRONMENTAL DESCRIPTION AND PROPOSED PROJECT EFFECTS FOR THE BRIGER TRACT PALM BEACH GARDENS, FLORIDA for City of Palm Beach Gardens Prepared by Biological Research Associates January 2005 G:\3903\009\b02\env ironmental-description .doc 20 January 2005 Attachment K Table of Contents 1.0 INTRODUCTION ......................................................................................................................... 3 2.0 SITE BACKGROUND ................................................................................................................. 3 Historical Aerial Photo Analysis (1975-Present) ....................................................................... 5 3.0 FINDINGS ..................................................................................................................................... 8 Plant Associations ....................................................................................................................... 8 3.1.1 Uplands ............................................................................................................................. 11 3.1.2 Wetlands ............................................................................................................................ 14 3.2 Wildlife ...................................................................................................................................... 15 3.3 Listed Species ............................................................................................................................ 16 PROPOSED PROJECT EFFECTS .......................................................................................... 21 2.1 3 .I 4.0 List of Tables Table 1 . Briger Tract Representative Plant Species ................................................................................... 8 Table 3 . Briger Tract Known and Potentially Occurring Listed Faunal Species ..................................... 17 Table 4 . Briger Tract Known and Potentially Occurring Listed Floral Species ....................................... 19 Table 2 . Briger Tract Faunal Species Occurrence (November 2004) ...................................................... 16 List of Figures Figure 1 . Location Map .............................................................................................................................. 4 Figure 2 . 1953 Aerial Photo Image of Briger Tract ................................................................................... 6 Figure 3 . BRA Land Cover Map .............................................................................................................. 12 Attachment A 1 . November 2004 Photostation Map 2 . Photofigures (1 -25) G.U903\009\b02\environmental.description. doc 20 January 2005 1.0 INTRODUCTION The Briger Tract is a primarily undeveloped property of approximately 708 acres located within the limits of the City of Palm Beach Gardens in Palm Beach County, Florida. It lies within Sections 26 and 35 of Township 41 South and Range 42 East, and is segregated into two parcels by Interstate-95 (Location Map). Both parcels are triangular owing to the diagonal orientation of 1-95, with the eastern parcel being larger. The surrounding vicinity has become culturally developed over the past 40 years, as detailed in a subsequent section on historic aerial photo analysis. In general, the site is bounded on the north by Donald Ross Road, on the west by Florida’s Turnpike, on the south by Hood Road, and is separated on the east from Central Boulevard by an intervening corridor of recently constructed residences and institutional structures. In the 1980s, 1-95 was constructed through the property on a northwest-to- southeast diagonal, including an interchange with Donald Ross Road in the northwest corner. There is no present Turnpike interchange associated with the site. Hood Road along the south boundary has an overpass spanning both highway rights-of-way. A general reconnaissance of the Briger Tract and vicinity was conducted in November 2004 by Senior Ecologist Kevin Atkins, a Professional Wetland Scientist and wildlife biologist with Biological Research Associates (BRA). Another recent assessment of the site was conducted by Environmental Services, Inc (ESI) in July 2004 for Kilday & Associates, Inc. on behalf of Palm Beach County. That report describes preliminary environmental findings concerning soils, vegetative communities, wetlands, listed species and cultural resources, including initial land use and cover mapping using the Florida Land Use, Cover and Forms Classification System (FLUCFCS), along with pertinent descriptions. This document incorporates those preliminary findings by reference, and supplements that baseline information with site-specific floral and faunal inventory and listed species tables, photofigures of representative environmental conditions, an historic aerial photointerpretation analysis, and preliminary discussion of potential environmental impacts related to a conceptual site development plan. Some refinements to ESI cover mapping also have been included in the BRA Land Cover Map. As the proposed project moves forward, additional site study and analysis tasks will need to be performed, as discussed in a later section. The focus of this document is to move the site’s environmental database and analysis closer to the submittal needs for regulatory and review agency purposes. 2.0 SITE BACKGROUND Existing public domain databases have been obtained and reviewed for the site, such as aerial photography, the Soil Survey of Palm Beach County Area, Florida (US Department of Agriculture 1978), land cover mapping by the South Florida Water Management District (SFWMD), and digital ortho-photo quadrangle maps by the US Geological Survey. The land cover and use of the property has changed little over the past half-century, particularly as compared to surrounding land uses, which include increasing roadways and infrastructure, residences, institutional facilities and recreational amenities. Based on the approximately 708-acre property boundary configuration studied for this assessment the only cultural uses for the land are associated with equestrian boarding and riding G:U903\009\bO2\environmental~description,doc 3 Quail 0 1 2 3 --- 1 inch equals 1 mile - Miles Briger Tract Citv of Palm Beach Gardens facilities (Ride-a-Horse Wandering Trails Boarding), which is centered in the southeastern comer of the site, and a nine acre area near the southwest corner known as the Batt School. The equestrian use includes mobile homekrailer facilities and improved and semi-improved horse pasture, with trails emanating throughout the eastern triangle parcel of the tract. In today’s site landscape, this area has the least tree cover and occupies about 15 acres (see photofigure 17 in Attachment A). The upland and wetland cover types are addressed in the Plant Associations section. The topography of the site is uniformly level throughout, except for minor, sporadic depressions associated with wetlands. The average elevation above sea level is about 15 feet. There is a significant drainage ditch (not a canal) that traverses the site and flows from west to east in the southern portion, and another from north to south in the eastern portion. The history of these drainage conveyances is chronicled in the following aerial photointerpretation section. Approximately a dozen soil types have been mapped for the property, with a high percentage considered as hydric. The majority of the uplands occur on Myakka, Immokalee and Oldsmar sands, and wetlands occur predominately on Basinger and Myakka sands, depressional, with some Sanibel and Okeelanta muck. The soil type general descriptions and the available database map by the Soil Conservation Service/Natural Resources Conservation Service were presented in the July 2004 ESI report, and are not duplicated here. 2.1 Historical Aerial Photo Analysis (1 975-Present) For a better understanding of past and present environmental site conditions, four dates of available aerial photo imagery were examined: 2003, 1970, 1964 and 1953. In general, this 50-year period of record indicates three primary changes: wetlands quantity and quality have been reduced over time; upland canopy cover, primarily by pines, has significantly increased; and cultural infrastructure associated with roadways, residential and institutional development has literally surrounded the site over the past half-century. The historic imagery was obtained, with gratitude, from the Natural Resources Conservation Service (NRCS) of the US Department of Agriculture. The 1953 imagery (Figure 2) shows no cultural development surrounding the property, other than Hood Road at the south boundary, and the beginnings of local and regional drainage and agricultural activities. Florida’s Turnpike, 1-95 and Donald Ross Road did not exist at that time, but Old Dixie Highway was in place about one mile to the east. The photography (27 November 1953) was taken about two months after the end of the normal wet season, and indicates inundation of virtually all on-site and local wetlands, and considerable local and regional wetland contiguity relative to present conditions. Although no canals had yet been excavated locally, a significant drainage ditch conveyance already was cut, meandering from west to east, into the southern quarter of the site, and another from north to south, parallel to the east property line in the eastern quarter of the site. Some lesser internal ditching associated with wetlands occurs in several other locations on-site. A striking feature of the site in 1953 relative to today’s condition is the absence of forest canopy. While the current situation involves nearly continuous canopy cover of 70 percent or greater (with the exception of the horse-boarding area in the southeastern comer), the tree cover 50 years ago was relatively minor. Presumably, the original pine and cypress timber resources in the uplands and wetlands, respectively, were harvested nearly completely prior to 1950, which was common for the 5 G:U903\009\b02\environmental~description.doc region and state. It is possible that the site’s wetlands were not historically forested. The greatest aggregation of apparently mature trees on-site appears to have been in the southwest quarter of the property, and those probably were hardwood species, as they predominantly are today. There was also a small stand of trees, likely slash pines, which occurred in the north-central area of the tract. Virtually all of the wetlands on-site appear to have no tree or shrub cover, and colonization by exotic melaleuca trees would not yet have taken place. The 1964 imagery still indicates an absence of cultural development in the region of the site, but Florida’s Turnpike Mainline was in place (late 1950s), as well as Donald Ross Road. It appears that a drainage conveyance had recently been excavated in the location of today’s right-of-way for Central Boulevard, paralleling the east property boundary. The wetlands appear to be in relatively the same condition as 11 years previous, with perhaps a bit more shrub cover, but similar configurations. There is evidence of increasing pine tree cover in site uplands, and the forested cover in the southwest quadrant had become more dense. A lineal assemblage of trees was developing along the east-west drainage conveyance that appeared to be recently excavated in 1953. It ultimately connects to Lake Worth Creek (Intercoastal Waterway) about 1.5 miles to the east. By 1970, the surrounding region was beginning to change character from primarily natural and minimally modified to increased drainage, roadways and agricultural conversion of former pinelands and gladelands. Much of the present location of Abacoa and Florida Atlantic University had recently been converted to row crop agriculture, and there was agricultural activity along both sides of Hood Road at the site’s southern boundary. The Interstate 95 right-of-way had not yet been established, and there was no additional on-site ditching, other than one along the property’s northwestern boundary, from Donald Ross Road south, tangent to the curve in the Turnpike. In general, tree cover was increasing throughout the site, but neither the uplands nor wetlands could be considered forested (less than 25 percent canopy cover) 35 years ago. The 2003 aerial imagery shows that the next three decades ushered in extensive cultural development, locally surrounding the tract, effectively eliminating agricultural land uses, and taking advantage in many cases of the prior conversion of natural systems to agricultural ones. The most obvious site changes since 1970 were: the addition of the 1-95 right-of-way through the property, diagonally from northwest to southeast; the maturation of the upland forest canopy cover throughout the site, except for the horse boarding facilities and pastureland in the southeast quadrant; and the colonization of many wetland basins by naturalized melaleuca trees, along with willow shrubs in some cases. The two ditch systems described in 1953 still exist, but are less evident due to increased vegetation cover. There is a culverted conveyance under 1-95 at the location of the original east-west ditch. The historical contiguity of many on-site wetlands has been diminished and obscured by the rapid establishment since 1970 of the pine-palmetto complex that dominates the uplands today. Local, regional and wellfield drainage impacts also have contributed to a general decrease in wetland vigor, hydroperiod conditions and connectivity. By the end of 2004, the Briger Tract was effectively surrounded on all sides by residential, institutional and other cultural developments. 7 3.0 FINDINGS 3.1 Plant Associations This section provides a summary of initial environmental findings for the Briger Tract. Additional and more detailed site studies will be required prior to any proposed site plan permitting. The preliminary mapping of upland and wetland natural features contained in this document and the ESI report will need further refinement prior to site plan development approval (DRI-ADA) and Environmental Resource Permit (ERP) application submittals to the pertinent regulatory and review agencies. However, the initial descriptions provided in the Vegetative Communities section of the ESI report are a framework that will be enhanced as appropriate for such submittals, with input from BRA’S continuing investigations. As part of the completeness for agency submittals, BRA has developed a Briger Tract Representative Plant Species inventory (Table 1) based on site-specific occurrence. Table 1. Briger Tract Representative Plant Species I Common Name I Scientific Name G:U903\009\bO2\environmental~description.doc 8 I Common Name 1 Scientific Name G:U903\009\b02\environrnental~description.doc 9 Common Name I Scientific Name G:U903\009\b02\environmenta~description.doc 10 Common Name 1 Scientific Name 1 Smartweed Polygonum sp. Smutgrass Sporobolus poirettii Southern cattail Typha domingensis Southern needleleaf Tillandsia setacea SDanish moss Tillandsia usneoides SDatterdock 1 NuDhar advena I SDikerushes I Eleocharis SDD. I St. John’s -worts I HvDericum SDD. I Uplands 3.1.1 BRA’S upland habitat and land cover mapping has identified twelve FLUCFCS code types with the following acreages and percent cover relative to a total site area of 708 acres (see BRA Land Cover Map). Improved Pasture - FLUCFCS code 21 1; 40.6 acres; 5.7 percent Unimproved Pasture - FLUCFCS code 212; 15.6 acres; 2.2 percent Horse Farm - FLUCFCS code 251; 15.9 acres; 2.2 percent G:U903\009\b02\environmental~description.doc 11 0 0 N 0 Dry Prairie (herbaceous) - FLUCFCS code 3 10; 5.3 acres; 0.7 percent Shrub and Brushland - FLUCFCS code 320; 1 1.2 acres; 1.6 percent Pine Flatwoods - FLUCFCS code 41 1; 424.3 acres; 60 percent Pine - Mesic Oak - FLUCFCS code 414; 52.5 acres; 7.5 percent Brazilian Pepper - FLUCFCS code 422; 3.2 acres; 0.5 percent Melaleuca - FLUCFCS code 424, 33.1 acres; 4.7 percent Australian Pine - FLUCFCS code 437; 0.7 acres; 0.1 percent Mixed Hardwoods - FLUCFCS code 438; 20.5 acres; 2.9 percent Total Upland Cover - 623.0 acres; 88 percent The dominant cover type on-site can be classified under the general category of Pine Flatwoods, with about 60 percent of the total area. As noted in Section 2.2, the pine canopy and saw palmetto-dominated understory has regenerated, following presumed harvesting, over the past 50+ years. The vegetative constituents and quality of native pine flatwoods habitat varies throughout the property, but all areas with a prevalence of slash pine canopy greater than 50 percent, and with predominantly native plants in the ground cover and understory, have been mapped in this category (see Photofigures 1, 5, 10 and 20). Some such areas may lack saw palmetto in the understory, some may have cabbage palm and oak components, and some have naturalized melaleuca invasion. The more classic flatwoods composition that includes gallberry, myrsine and wiregrass, among other associates, is frequently not the case. In many areas the saw palmetto understory is very robust, to the exclusion of other plants. Throughout the property exotic melaleuca trees have invaded uplands, as well as wetlands, and colonization by this ecologically detrimental species continues to increase (see Photofigures 2, 3, 8, 11 and 13). This cover type has been separately mapped where it dominates the vegetation in areas of an acre or more. Most of these areas are associated with present and former wetlands, but about 33 acres have been mapped within uplands. A number of other nuisance tree species also occur in various habitat types, but usually in sporadic occurrences rather than colonies (Photofigure 7). Solid stands of exotic Brazilian pepper and Australian pine have been separately mapped in uplands, with about three and one acres, respectively. The improved and unimproved pastureland, and the equestrian land use (Photofigure 17), totaling about 70 acres, are not considered native upland habitat. The same is true for the disturbed plant assemblage mapped as Shrub and Brushland (about 11 acres). Deleting these cover types and the exotic-dominated areas from the overall uplands yields about 500-520 acres of native upland habitat for site classification purposes. Quantification of native upland cover will be refined prior to permitting. G:\3903\009\b02\environmental~description.doc 13 3.1.2 Wetlands The functions, values and extent of wetlands on-site are subject to interpretation, and the reasonable scientific judgment of environmental professionals and regulatory personnel may differ. The ESI report (page 6) states that in 1965 “the property appeared to be dominated by wetlands,” but that currently it is “characterized as predominantly native upland vegetation.” That report further mentions that, “the majority of wetlands on the property today exhibit reduced hydrology and are infested with upland and exotic vegetation.” The opinion that wetlands were more prevalent on-site 40 and more years ago is supported by historical aerial photography, the mapping of hydric soils in the late 1970s, and undoubtedly by local and regional surficial water table reductions in recent decades. It also appears from older aerial photography and the soils mapping that there was more contiguity between site wetlands historically, as opposed to the generally isolated nature of wetland pockets today. Analysis of 1953 aerial photography (Figure 2) indicates that most wetlands in the southern one-third of the property were naturally connected, and also linked by that time by a recently excavated drainage conveyance, with drainage to the east. The northern two-thirds of the tract appears to have drained to the northeast via a number of sloughs that linked many, if not most, site wetlands. This surficial drainage naturally passed off-site immediately east of present-day Abacoa and Florida Atlantic University toward the Intracostal Waterway. It is apparent that the combination of enhanced surficial drainage (via two significant regional ditches that extend into the site), modifications of drainage patterns and surficial hydrology by surrounding major roadways, and local water level and duration (hydroperiod) reductions by canals and wellfield production have reduced the on-site area of wetlands that can be claimed as jurisdictional by the state (SFWMD) and by the federal US Army Corps of Engineers (COE). At issue for site developmental permitting is the extent and location of wetlands that today can be classified as jurisdictional based on existing soils, hydrology and vegetation. Such determinations have been made more difficult by extremes of drought and flooding in recent years, including the extreme hurricane season of 2004. As a result, the preliminary wetland jurisdictional interpretations of ESI (about 54 acres) and BRA (about 76 acres) vary, and more in-depth site investigations, along with regulatory agency opinions, will be required to finalize this determination. It is reasonable to assume that the cumulative wetland area on- site claimed by the SFWMD and/or COE will be between 50 and 100 acres with some isolated wetlands not jurisdictional for the COE. This determination will be made, in conjunction with the pertinent agencies, prior to the ERP permitting process. An appropriate mapping and quantification of wetlands will be refined prior to submittal of the DRI-ADA. The ESI report (page 11) contains preliminary descriptions of site wetlands that can be augmented as necessary for DRI-ADA and ERP submittals. Refinements for those purposes will include enhanced details concerning indigenous plants and wildlife, a discussion of functions, values and the generally diminished quality for most systems, and probably the discrimination of one or more wetland sub-types. BRA’S Land Cover Map for the Briger Tract produced for this document has begun that process, but additional site-specific studies are required and will be conducted. 14 An area at issue in this regard occurs in the southern portion of the western triangle parcel. There is a forested association of mixed hardwoods and pine-mesic oak trees that occurs on soils mapped as Pinellas, Anclote, Myakka and Holopaw sands. The tonal signature on historic aerial photography suggests saturated soils conditions, and for unknown reasons many of the trees were not harvested over50 years ago when almost all of the other timber on-site had been removed. Today, preliminary inspection indicates ambiguous wetland indicators relative to soils, hydrology and vegetation. Further investigation of these parameters is warranted, as are agency determinations from the SFWMD and the COE. This settlement of classification is important since even a partial claim of jurisdiction could add 20 or more acres of forested wetlands to the site’s inventory. The two vegetative cover types involved in this area have the property’s most mature tree specimens and highest botanical diversity. Even more than the rest of the tract, this plant assemblage was disturbed and damaged by Hurricanes Frances and Jeanne in the late summer of 2004. Following those two storms, and record September rainfall for the area, there was evidence of west-to-east sheet flow through all site lowlands and much of the uplands due to the extraordinary conditions. A few site wetlands retain good quality hydrologic and hydrophytic conditions in association with seasonally wet and semi-permanent inundation, and muck soils conditions (see Photofigures 12, 16 and 18). Most of the wetlands are more transitional in nature, having evolved from glades-type emergent marshes and seasonally wet prairies strung together to form eastward flowing sloughs historically, and since have been adversely affected by hydrologic modifications to surficial and sub-surface water resources locally and throughout the region. The overall reduction in hydroperiod has allowed for invasion by detrimental plants, principally melaleuca, and encroachment by upland species. Virtually all of the wetlands with a shallow basin and a sandy substrate are now dominated by “facultative” and “facultative-wet” plants rather than “obligate” hydrophytes. Examples are presented in Photofigures 2, 3, 4, 9, 11, 13 and 14. Nonetheless, many of these areas still meet sufficient state and/or federal criteria for classification as wetlands. A discussion of the mitigation aspects of potential project impacts is provided in Section 4.0. 3.2 Wildlge Wildlife and listed species surveys of the site that meet the state (Florida Fish and Wildlife Conservation Commission [FFWCC]) and federal (US Fish and Wildlife Service [USFWS]) criteria for sufficiency by habitat type have not yet been undertaken. Appropriate field studies and the species to be addressed will be coordinated with the FFWCC and USFWS. Pertinent representatives of those agencies will visit the site in January 2005. Warranted investigations and documentation will be carried out and reported prior to project permits issuance. Since only preliminary field studies have been undertaken to date, the known and expected vertebrate fauna inventory for the site is incomplete. BRA’S tabulation of opportunistically encountered animals is presented in Table 2, including 13 bird species, five (5) mammals, four (4) reptiles and two (2) amphibians. The ESI report contains a similarly brief listing of faunal occurrence (page 14). Additional information will be gathered on all fbture site visits leading up to application submittals to the agencies, and there will be continued coordination with representatives of the FFWCC and USFWS throughout the process. G:U903\009\bO2\environmental~description.doc 15 Table 2. Briger Tract Faunal Species Occurrence (November 2004). 11 Southern toad I Bufo terrestris I Black racer Coluber constrictor Brown anole Anolis sagrei Gopher tortoise (sign) Gopherus polyphernus Green anole Anolis carolinensis 3.3 Listed Species As noted above, field survey criteria for general wildlife and listed plant and animal occurrence have not yet been met by the preliminary nature of the ESI and BRA studies of the Briger Tract and vicinity. Some listed species have particular survey requirements related to type, time, duration and coverage of effort, available habitats, and season(s) of the year. A proposed tabulation of known and potentially occurring listed species (flora and fauna) has been presented to the FFWCC and USFWS for review and approval. BRA has developed and attached these lists as Table 3 (listed fauna) and Table 4 (listed flora). The lists will be refined, if necessary, following further coordination with the wildlife agencies. 16 Tract Known and Potentiall Occurrir I Listed Faunal Soecies. American alligator SSCITISA Alligator Wetland and aquatic rangeland Pedestrian and vehicular transects Pedestrian and vehicular transects 0 TIT Audubon’s Crested Caracara Bald Eagle L Haliaeetus leucocephalus Pedestrian and vehicular transects TIT Nest in tall trees (usually pine) near coasts, rivers, lakes and wetlands Sandhills, ruderal communities, dry prairies; ag. land A diversity of upland/low land habitat Ursus americanus Forested wetlands floridanus and uplands Ammodramus Open prairies and savannarum rangeland floridanus Felis concolor coryi I Large wilderness L Burrowing Owl Athene cunicularia SSCI- Pedestrian and vehicular transects Pedestrian and vehicular transects Pedestrian and vehicular transects Pedestrian transects and playback tapes L TIT Tl- Eastern indigo snake Drymarchon corais couperi M L Florida black bear Florida Grasshopper Sparrow Florida L E/E EIE L Pedestrian and vehicular transects Pedestrian and vehicular transects; aerial nest survey Pedestrian and vehicular transects panther Florida areas Breed in emergent palustrine wetlands; forage in pasturesfprairies Long hydroperiod wetlandslaquatic systems with Pomacea snails Xeric oak scrub, sand pine scrub, breed in shallow grassy ponds or ditches, use tortoise burrows Sandhills, xeric oak scrub, sand pine scrub, scrubby flatwoods; agricultural lands Nest in a variety of ground and tree locations, uses streams, swamps, and marshes with apple snails Breeding: marshes, swamps, ponds, estuaries, rivers; nest in shrubs and small ~ M TI- Grus canadensis pratensis Sandhill Crane E/E Rostrhamus sociabilis plumbeus Florida Snail Kite L SSCI- SSCI- Rana capito Pedestrian transects; inspection of burrow entrances Gopher frog M Gopher tortoise Gopherus polyphemus Burrow survey 2 25% in suitable habitat; pedestrian transects 0 Aramus guarauna Pedestrian and vehicular transects SSCI- Limpkin M Little Blue Heron Egretta caerulea Pedestrian and vehicular transects SSCI- H G:L3903\009\b02\environmental~description.doc 17 State/Federal TIT trees Mature pine woodlands Breeding: marshes, swamps, ponds, estuaries, rivers; nest in shrubs and small trees Breeding: marshes, swamps, ponds, estuaries, rivers; nest in shrubs and small trees Sandhill and open rangeland nest in cavities of dead trees and abandoned woodpecker nests Breeding: marshes, swamps, ponds, estuaries, rivers; nest in shrubs and small trees Breeding: marshes, swamps, ponds, estuaries, rivers; nest in shrubs and small trees Breed in emergent palustrine wetlands; forage in pastures Estuarine or freshwater wetlands; nest in tops of trees in cypress or mangrove swamps L Red-cockaded Woodpecker Roseate Spoonbill Picoides borealis Pedestrian and vehicular transects Pedestrian and vehicular transects Ajaia ajaja SSCI- L Snowy egret Egretta thula Pedestrian and vehicular transects SSCI- TI- H Southeastern American Kestrel Falco sparverius paulus Pedestrian and vehicular transects L-M H Tricolored Heron Egretta tricolor Pedestrian and vehicular transects ~ H SSCI- Pedestrian and vehicular transects White Ibis Eduocimus albus Grus americana Pedestrian and vehicular transects “Experimental population” Whooping Crane Wood Stork L E/E Mycteria americana Pedestrian and vehicular transects 0 18 Table 4. Bri er Tract Known and Potential1 Occurrin I L Bahama brake Pteris bahamensis fern Beach Jacquemontia reclinata jacquemontia Beach star Remirea maritime Beachberry Scaevola plumieri Blue butterwort Pinguicula caerulea Brown-hair Ctenitis submarginalis comb fern Burrowing four- Okenia hypogaea o’clock Catesby’s lily Lilium catesbaei Celestial lily NemastylisJloridana Climbing vine Microgramma heterophylla fern Coastal vervian Verbena maritima Curtis’ milkweed Ascelpias curtissii Cutthroat grass Panicum abscissum Dancing lady Tolumnia bahamensis orchid I Delicate ionopsis Ionopsis utriculariodies Dildoe cactus Acanthocereus teragonus Erect prickly-pear Opuntia stricta cactus Florida jointtail Coelorachis tuberculosa Florida Keys Indigofera mucronata var keyensis indim Florida lantana Lantana depressa Florida Dalea carthagenesis var. jloridana prarieclover Florida threeawn Aristida rhizomophora grass Four-petal Asimina tetramera pawpaw Giant swordfern Nephrolepis biserrata Golden golden Acrostichum aureum leather fern Hand fern Ophioglossum palmatum G: \3903\009\bO2\environmental~description. 19 doc VL (coastal) (pine -/CI VL (coastal) I10 M (swamp) M (swamps, hvdric hammock) -/I I 12 I VL (beach dunes) l6 -/I M - H (flatwoods) I -/R I12 1 M - H (flatwoods) I 4.5 I Mgmt ConcedI (rockland 8 -/R VL hammock) VL (coastal) -/I 6 -/R 8 M (swamp) -/I 8 I VL (scrub) -/CI I- VL (deep strand swamps) VL (coastal) VL (coastal scrub) M (marshes) VL (pine rockland) VL (coastal) VL (Pine rockland) M - H (flatwoods marsh) L (scrub) -1 12 4- q= 4.5 -1- + E/CI M (swamps) -I- 11 11 I VL (coastal) I I M (cabbage palm) I -/I 16 Hayscented fern Dennstaedtia bipinnata Inflated wild-Pine Tillandsia balbisiana M (cypress) -1- 12 VL (scrub) -m 12 Large-flowered Conradina grandijlora conradina Night-scented 1 Epidendrum nocturnum etidendrum VL (deep strand Nodding pinweed Lechea cernua Okeechobee Cucurbita okeechobeensis gourd 10 - EICI M (swamps, floodplains) VL (scrub) I CI - - -/CI L (hammock flatwoods) -1 1 rockland) VL (coastal) -1- Sand-dune spurge Chamaesyce cumulicola Satinleaf Chlysophyllum oliviforme 5 11 L (rockland 1 , hammock hammock Silver thatch palm Coccothrinax argentata 5 Simpson’s rain Zephyranthes simpsonii lily Southern ladies’- Spiranthes torta tresses Spreading Lechea divaricata pinweed Star-scale fern Pleopeltis astrolepis -/R M (savanna, flatwoods) - M (pine rockland) -/CI 7 L - M (flatwoods) -/I -/CI VL hammock slough) L (pine rockland) E/CI L - M (cypress swamp) L - M (rockland hammock) (hydric -/I 0 (cypress) -/R VL (coastal) 4- 2 4 vein fern soleenwort 12 Twisted airplant Tillandsiaflexuosa Yellow nicker Caesalpinia major 5.5 The floral list was produced based on known occurrence in Palm Beach County as reported by the Florida Natural Areas Inventory and by the Institute for Systematic Botany at the University of South Florida. This list includes the Rule 95-2.041 F.A.C. Department of Community Affairs (DCA) list, plus any plant that the Florida Endangered Plant Advisory Council has given a rank of 12 or less. The listed 20 faunal survey will follow species-specific procedures outlined in the FFWCC’s “Wildlife Methodology Guidelines” for ADA approval, as well as any negotiated USFWS protocol. To date, the preliminary listed species surveys associated with the Briger Tract that have been conducted by ESI and BRA have identified the occurrence of only one (1) resident listed animal, the gopher tortoise (Gopherus polyphemus), which is considered a Species of Special Concern by the FFWCC, and is not listed by the USFWS. This species currently is being reviewed by the FFWCC for elevation to Threatened status, but any potential action is not anticipated prior to project permitting. The vast majority of the property has only marginal habitat for the tortoise and only remnant individuals are expected to be located by specific field surveys. Although no individuals have been observed, a few active burrows and recent evidence (scat) have been encountered. Several Wood Storks (Mycteria americana; endangered) were observed foraging opportunistically in a nearly dry wetland in the southeast quadrant in November 2004. Other potential species, along with their preferred habitat, sampling method, probability of occurrence, and state/federal legal status, are indexed in Table 3. No significant listed plant species have been identified on-site, and highly consequential protected plant or wildlife issues for site development are not expected. At the time of this report, the nearest known Southern Bald Eagle (Huliuectus leucocephalus; threatened) nest (#PB 12) was located about 1.5 miles northeast of the site; 2005 nest survey data are currently being calculated. 4.0 PROPOSED PROJECT EFFECTS The Briger Tract is a presently undeveloped property of about 708 acres situated within the City of Palm Beach Gardens in Palm Beach County, and is surrounded by existing roadways, residences, schools and recreational amenities. Despite its generally natural character, appropriate development of the site would be compatible with the local land uses, pending rezoning and other local/regional government and permitting approvals. While none of the existing natural resources appear to present any “fatal flow” impediments to development, a site plan that optimizes cultural use of the available land area will require certain considerations for the natural environment, and probably both on-site and off-site mitigation for unavoidable environmental impacts. This document is not accompanied by a specific site plan, but probable effects can be deduced at this point in the process for a large-scale project to include six to eight million square feet of research and development, along with some residential, professional office and commercial uses. The following discussion is predicated on the vision that at least three- quarters, or a minimum of 550 acres, of the overall tract would be subject to development in order to accommodate these uses. The previous sections of this document were devoted to identifying the extent of existing, preliminary environmental information about the property, and also the types of tasks that still need to be performed in order to produce a sufficient DRI-ADA and a complete ERP permit application. These continuing environmental tasks will include the following: 21 e e e e e e e e e e e e e e e e Final cover mapping refinements and acreages by type for both uplands and wetlands. Pre-application project meetings with environmental regulatory and review staff with state (SFWMD and FFWCC), federal (COE, USFWS and possibly the US Environmental Protection Agency) and county (PBC-ERM) agencies. Field-flagging of state/federal wetland jurisdictional delineations (if required after pre- application meetings). SFWMD and COE field verification of wetland conditions, and delineation flagging (if required) for survey and mapping. Establish seasonal high water (SHW) elevations for each wetland, and get agency approvals for subsequent survey. Coordinate with surveyors, as necessary, on wetland delineations and SHW elevations, and QC mapping products. Conduct field/office functional evaluations of wetlands using Florida’s Unified Mitigation Assessment Methodology (UMAM) as required by SFWMD. Conduct qualitative evaluations of wetlands using the Wetland Rapid Assessment Procedure (WRAP), if required by the COE following pre-application discussions. Get approval for listed plant and animal species for the site from the FFWCC and USFWS, and also for any species-specific field survey methodologies. FFWCC and USFWS field verification of conditions and habitats on-site. Conduct listed species field surveys and map results for flora and fauna. Environmental coordination with site planners and drainage engineers, especially concerning avoidance and minimization of environmental impacts. Determination of native upland and jurisdictional wetland impacts from implementing the site plan. Determination (quantification) of wetland “loss” parameters for mitigation purposes including direct, secondary and cumulative impacts. Development of an on-site upland and wetland mitigation plan to the extent practicable, and quantification of environmental “lift” parameters. Supplement, as necessary, any on-site mitigation plans with a viable/permittable off-site plan. 22 Ensure consistency of all environmental planning and mitigation with City, County, State, and Federal rules, ordinances and regulations. Produce required DRI-ADA environmental responses, including Map F, Map G, Question 12 and Question 13. Produce environmental data, text and mapping for Sections D and E of the Environmental Resource Permit application, in coordination with the design and drainage engineers, for submittal to state and federal regulatory and review agencies, and respond to any requests for additional information. Proposed project wetland impacts could affect over two-dozen individual systems and 50 or more total acres, depending on the final site plan. Over one mile of long-standing drainage ditching also may be claimed as jurisdictional by the SFWMD and/or COE. An appropriate mitigation plan will begin by preserving and enhancing all possible wetlands on-site. If wetland losses outweigh proposed on-site mitigation lift, off-site supplemental lift will be identified. Recently, the City of Jupiter was required by the SFWMD to mitigate for identified hydrologic impacts to some Briger Tract wetlands (in the northwest quadrant, as a result of nearby wellfield groundwater withdrawls) by purchasing credits at the Loxahatchee Mitigation Bank. Although this site is very far north for the service area of that bank, and the District likely would prefer another off-site option, few are available and the permitting precedent may have been set by the November 2004 wellfield settlement. It is worth noting that the Lemon Grove Mitigation Bank, while not yet permitted, recently had its service area negotiated with the District to specifically include the Briger Tract. Additional off- site wetland mitigation opportunities potentially could be provided on public lands requiring restoration in the same drainage basins that are owned by Palm Beach County or local government. Any or all of these off-site options for partially mitigating on-site wetland impacts will have to be negotiated with the SFWMD and the COE, with probable collaboration with the County. With respect to native upland habitat considerations, it has been preliminarily determined that about 500 acres on-site will be included in this category, with the vast majority being pine flatwoods. The site development and mitigation plans must be consistent with the Conservation Element of the City of Palm Beach Gardens Comprehensive Plan, and also with the Environmental Standards for Palm Beach County and the Strategic Regional Policy Plan of the Treasure Coast Regional Planning Council, to the extent they are applicable. While Section 78-250 of the City of Palm Beach Gardens Land Development Regulations requires the preservation of 25 percent of viable environmentally significant lands, intact with canopy, understory and ground cover, such as pine scrub, xeric oak forest, hardwood hammock, and pine flatwoods, Section 78-252 of the City of Palm Beach Gardens’ Land Development Regulations allows alternative forms of mitigation of the 25 percent set aside. The mitigation methods adopted within the City’s code include off-site preservation, payment in lieu of preservation, and environmental restoration or creation. In the case of the Briger Tract, this set aside, whether mitigated off-site, preserved on site, or a combination thereof, will total approximately 125 acres. Pending a site plan approval, it would seem most logical that a portion of the set aside could occur in the northern portion of the western triangle parcel, where it can be discrete from development and properly managed. G:U903\009\b02\environmental~description,doc 23 Another potential effect of the proposed project involves state and federal listed species, and animals in particular. Any listed plants occurring on-site technically belong to the landowner, who can relocate or even remove specimens at their discretion. Regarding listed wildlife, it is known that there is resident, but limited use of the site by gopher tortoises (Species of Special Concern; state) and transient use by Wood Storks (Endangered; state/federal). Preliminary findings suggest that the tortoise population may be scattered and small, and individuals in harm’s way perhaps can be relocated to an on-site upland preserve. If necessary, other mitigation options can be addressed following location and quantification of this species’ occurrence. The FFWCC will require tortoise-specific surveys to be conducted in at least 25 percent of available habitat for assessment of the population and mitigation needs. For relocation on-site (assuming appropriate recipient area conditions) a complete survey and burrow location marking would be required in order to avoid “incidental take” permitting and compensation. It is likely that the FFWCC and/or USFWS will require additional species-specific surveys on-site for such animals as the gopher frog (concurrent with tortoise burrow surveys), Southeastern American Kestrel (primarily in the southeast quadrant of the site) and Species of Special Concern wading birds. Based on the initial site studies, listed species utilization of the property appears minimal, but that determination will require additional site investigations and FFWCCLJSFWS consultation, which will occur in association with DIU-ADA and ERP application preparation tasks. 24 Attachment A Briger Tract Photofigures November 2004 1. Photostation Map 2. Photofigures (1-25) 0 600 1200 1800 2400 Image 1999 Senes USGS DOQQ I-- I Feet 1 inch equals 800 feet BRIGER TRACT NOVEMBER 2004 PHOTOFIGURES Photo 1. Typical stand of slash pine and young cabbage palms in northeast quadrant of site (debris and poor condition result from two recent hurricanes). Photo 2. Transitional edge of a wet prairie that has standing water, with melaleuca in the transitional zone and remnant hydrophytic vegetation including buttonbush, Baker’s cordgrass and Carolina willow. Photo 3. South side transitional zone of the same wetland showing melaleuca invasion and algal mat hydric indicators. Photo 4. Eastern view across the same wetland basin showing melaleuca, cabbage palm, wax myrtle and transitional grasses invasion. Photo 5. Typical pine flatwoods with saw palmetto and gallberry understory in the northern portion of the tract. Photo 6. Small area of north-south oriented open upland with bahia grass, surrounded by slash pine, melaleuca, cabbage palm and some Australian pine. Photo 7. Depicts invasion by naturalized earleaf acacia (Acacia auriculiformis) at the edge of pine flatwoods. Photo 8. North view of a stand of young melaleuca densely invading an open transitional area with broomsedge, dog fennel and disturbed site plants. Photo 9. North view of a circular depression that is a seasonally wet wetland, broomsedge, dogfennel, melaleuca, maidencane, and cordgrass. with Photo 10. Northwest quadrant of the property, looking east toward slash pines and dense saw palmetto averaging 6-7 feet tall, clearly marking the historic wetland basin edge. Photo 1 1. The same wetland showing significant encroachment by sapling melaleuca, the dry, sandy substrate of the basin, and mature melaleuca and pine trees in the background. Photo 12. Small, circular basin that is adjacent to the east right-of-way of northbound I- 95, near where the exit ramp taper begins; increasingly scrubby, but with good hydrophytes. Photo 13. An ephemeral wet prairie basin, historically connected to the wetland pocket in Photo 12, and experiencing melaleuca invasion.. Photo 14. Small, circular basin that appears to have been dewatered over time perhaps due to the local wellfield. Photo 15. North view of the wetland system that is just south of Donald Ross Road and Heights Boulevard showing basin inundation and melaleuca invasion. Photo 16. Small marshkhrub wetland in the southeastern quadrant of the property at the northwestern edge of the pastureland area. Photo 17. southeastern corner of the site.. View of the semi-improved pasture area, from north to south, in the Photo 18. Large (approximately six acres) freshwater marsh and willow swamp adjacent to the east side of the northbound right-of-way for 1-95, viewing from northwest to southeast, showing inundation, sapling pine invasion and extensive sawgrass. Photo 19. Typical horse trail through northeast quadrant flatwoods, showing pines and saw palmettos, and an upland association of gallberry, staggerbush, and wiregrass. Photo 20. Forested association in the southwest corner of the site that includes guava, balsam apple, red mulberry, strangler fig, cabbage palm, various hardwoods and ferns, with invasion by Brazilian pepper. Photo 21. North-looking view from the southwest corner of the Turnpike/Hood Road intersection showing an inundated seasonally wet prairie and a foraging Great Egret. Photo 22. Near the same spot looking to the northeast at a willow-dominated shrub swamp, with red maples, oaks and pines in the background. Photo 23. North view from the top of the Hood Road bridge over 1-95 looking at the breadth of the tract as it is bisected by the Interstate, the eastern parcel on the right and the western parcel on the left. Photo 24. View from the same location looking east-northeast at cleared land associated with a horse boarding landuse and pine-dominated woodland. Photo 25. View from the same location looking northwest toward the western parcel and oak-pine association and edges of a couple of wetlands fragmented by 1-95. MARKET ANALYSIS FOR A 708.14 ACRE PARCEL KNOWN AS THE BRIGER TRACT FROM RESIDENTIAL LOW (RL) LAND USE DESIGNATION TO MIXED USE (MXD) LAND DESIGNATION AS A RESULT OF A CITY- WIDE ECONOMIC DEVELOPMENT INITIATIVE TO DIVERSIFY THE TAX BASE. SUBJECT AREA The Briger Tract is located within the municipal boundaries of the City of Palm Beach Gardens. The 708.14-acre parcel is generally bounded to the south by Hood Road, bounded to the east by the Residential Low (RL) San Michele community, the Benjamin School and Mixed Use (MXD) development, Legends at the Gardens; to the north by Donald Ross Road then the Town of Jupiter, to the west by Florida’s Turnpike and Palm Beach County Residential Community of East Pointe and is bisected by Interstate 95 (FDOT State Road No. 9). DEMOGRAPHIC ANALYSIS Generally speaking, the Palm Beach Gardens’ workforce is comprised of professionals who are in the middle of their career cycle, stable and highly educated. Figures I, 2, & 3. Management, professional, and related fields account for 46.9% jobs held by Palm Beach Gardens’ citizens according to the U. S. Census 2000. See Figure 1. Figure 1 Distribution of Occupations in Palm Beach Gardens Government workers (local, state, or federal) 10 9% Manufacturing 6% - \\ Agriculture, forest i fishing. 8 hunting 0 2% Management, professional. and Production. related 46 9% transportation and - I material moving 5 7% Construction, extraction. ~ 8 maintenance 4 6% Farming. fishing 8 forestry 0 2% Sales 8 office 30 3% Service 12 3% Source: GCT-PI3 Occupation, Industry, and Class of Worker of Employed Civilians 16 Years and Over Data Set: Census 2000 Summary File 3 (SF 3) - Sample Data Companies that require sophisticated skill sets would be a proper ‘‘fit‘‘ for Palm Beach Gardens based on the number of residents that are currently employed in management and professional level jobs. 1 Attachment L Figure 2 Median Age of Population Palm Boca Boynton Royal Wellington West Beach Raton Beach Palm Palm Gardens Beach Beach US Census 2000 - DP .I Data Compiled from US Census 2000 - DP 1 Residents in Palm Beach Gardens are, most likely, midway through their employment cycle. Figure 3 Population 25 81 Over With Bachelor's Degree or Higher 50 45 40 35 c .E 30 c - 3 25 n O 20 s - 15 10 5 0 Data Compiled from US Census 2000 - DP 2 Residents in Palm Beach Gardens are highly educated when compared to other municipalities in Palm Beach County which indicates that the workforce is comprised of professionals. 2 As a further indication of skill sets, Palm Beach Gardens’ residents enjoy higher earnings than their counterparts in other municipalities in Palm Beach County. Additionally, the small gap between median household and per capita income in Palm Beach Gardens seems to indicate that there is one “breadwinner” or primary wage earner per household. See Figure 4. Typically speaking, the larger the gap between household and per capita income, the more likely it is that there are two or more people contributing to the household income. By contrast, the smaller the gap, the more likely it is that the monies are derived from other income sources such as investments in real estate, stock markets, etc. Normally, household and individual income levels are reliable indicators of skill sets and educational background and provide valuable insights to types of employment opportunities that are needed. Based on an analysis of the demographic data, one may ascertain that residents in Palm Beach Gardens have the necessary skill sets to attract companies that pay an annual salary of $45,107 or higher (median salary + 10% = value-added employer for Palm Beach Gardens). Figure 4. Figure 4 Median Household Income vs Per Capita Income $80,000 $70,000 $60,000 $50.000 $40,000 $30,000 $20,000 $10,000 $0 Palm Beach Boca Raton Boynton Beach Royal Palm Wellington West Palm Gardens Beach Beach Data Compiled from US Census 2000 - DP 3 Data indicates that the majority family income is generated from one breadwinner in Palm Beach Gardens’ households. As stated in Section 3.8 of the Economic Development Report that was presented to the Treasure Coast Regional Planning Council and adopted SRPP on December 15, 1995, “Services and Retail, the two fastest growing employment sectors in the Region, are highly reliant on tourism and in-migrating population for continued growth. This dependency causes fluctuating employment, and makes the local economy susceptible to economic cycles.” The service and retail sectors are not considered value-added employers under economic development parameters in Palm Beach Gardens given that value-added employment would require that wages exceed $45,1 07 per year. Therefore, it is necessary to seek other industry sectors that would be a more appropriate fit for the skill sets of Palm Beach Gardens’ residents. When analyzing the top employers within the municipal boundaries of Palm Beach Gardens, a definite shortage of value-added employment options for residents becomes evident. See Figure 5. There are 28,880 citizens in the labor force in Palm Beach Gardens according to the U.S. Census 2000: DP-3. When compared to the 46.9% of those that are classified by the Census Bureau as management, professional and other related fields, the City appears to be in a deficit situation in job creation. Ideally, Palm Beach Gardens should have had a minimum of 13,544 value-added employment options in the year 2000 in order to maintain a sustainable community. Simply stated, indications are that the vast majority of the employment base currently existing in Palm Beach Gardens does not match the skill sets of the residents. Figure 5 TOP EMPLOYERS IN PALM BEACH GARDENS COMPANY 1. Palm Beach Gardens Medical Center 2. Divosta & Company 3. PGA National Resort & Spa 4. The Wackenhut Corporation 5. City of Palm Beach Gardens 6. Implant Innovations, Inc. - 3i 7. South Florida Blood Bank 8. Catalfumo Construction 9. Belcan Corporation 10. LRP Publications 11. Palm Beach Gardens Marriott 12. Anspach Companies 13. WCI (Watermark Communities) 14. Suffolk Construction # of EMPLOYEES PRODUCT 1,100 800 700 500 432 425 300 264 208 200 200 170 100 66 Health Care Construction Hotel Headquarters (Security) City Government Dental Implants (RID) Blood, Plasma Construction Aerospace Engineering Publishing - Periodicals Hotel Surgical Equipment (RID) Construction Construction [ Top 14 Corporations in PBG 2,603 Value-Added Jobs Source: 2003 Business Development Board - Palm Beach County’s Business Resource Bold font indicates fhose corporations that meet the cnferia of value-added employers. 4 A historical analysis of business sector growth based on Occupational Licenses issued by the City of Palm Beach Gardens from 1987 through 2003 further emphasizes the need to diversify the economy with value-added employer options. See Figure 6. Currently, since the manufacturing and industry sectors are insignificant in Palm Beach Gardens, they have been consolidated into a “commercial” category for evaluation purposes. The heavy emphasis on service and retail is typical for bedroom communities. Service and retail components of the economy, by definition, “spin” wealth rather than create wealth. Under normal circumstances, both the service and retail sectors are dependent upon monies that already exist in a geographic region. By contrast, the commercial, industrial, and manufacturing sectors export goods and therefore are not dependent on local money for survival. There are exceptions to the rule. Information Technology, for example, is usually considered a service sector industry, yet, is not dependent on the local customer base. Thanks to the capabilities of the World Wide Web and Internet connection, the transfer of intellectual knowledge or technology services is a simple click of a button. Figure 6 3500 3000 u) u) - 2500 C m -I - 2000 C 0 .- .- ..-a 1500 u B .I- L o 1000 m R $ 500 0 Growth Trends of Business Sector 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 +Commercial +Retail +Service City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004 The service and retail sectors, which are dependent on existing dollars within the economy, have experienced growth while the commercial sector, which creates new dollars in the local economy, has remained flat. Additionally, the U.S. economy is increasingly phasing into an intellectual knowledge driven marketplace. According to Richard Florida, author of The Rise of the Creative Class, human creativity is the ultimate economic resource and trends denote a shift from raw material and physical labor “products” to human intelligence, knowledge and 5 creativity “products”. Demographics indicate that Palm Beach Gardens’ residents have the necessary skill sets to work in intellectual knowledge driven marketplace and those skills should be leveraged to attract companies whose products are based on intellectual knowledge and creativity. Therefore, expansion and recruitment of companies that match the skill sets of residents and provide value-added employment options becomes imperative in order to create a sustainable community. According to Richard Florida’s research, about 1/3 of the workforce is comprised of the creative class and yet, it accounts for nearly half of all wage and salary income in the United States, or $1.7 trillion dollars - as much as the manufacturing and service sectors combined. Considering that five of the six top value-added employers’ products are dependent upon creative / intellectual knowledge, coupled with the skill sets of the residents, Palm Beach Gardens is uniquely positioned to transition from industrial driven marketplace to intellectual driven marketplace. In order for a company to expand or relocate, land must be available for economic development purposes. Currently, the City’s Future Land Use (FLU) allocation has not reserved land mass for companies seeking to expand operations or relocate to Palm Beach Gardens which could provide employment opportunities matching the skill sets of the residents, but rather, has concentrated on residential demands. The City wishes to diversify the economic base, provide viable employment options matching resident’s skill sets, and therefore, the Future Land Use Element needs to be revised to reflect those goals. See Figure7. Figure 7 ~~ ~ Future Land Use Within Existing City Boundaries - 2003 Mixed Use 1% industrial 2% Professional Office 1% Recreation 8 Open Space Commercial Recreation- Golf 6% Conservation 35% ~ City of Palm Beach Gardens - GIS Division, 2004 Nearly % of available land is currently dedicated to residential uses and over 1/3 in conservation leaving very little available space for value-added employers. Ordinance 48, 2004: The Economic Development Element of the City of Palm Beach Gardens Comprehensive Plan was approved by City Council on December 16, 2004 and embraces economic principles and philosophies as exemplified in this marketing analysis. The Briger tract is one of the few remaining parcels of land within the municipal boundaries of Palm Beach Gardens that could be developed as economic engine; diversify the economy; transition employment opportunities from retail and service sector to an intellectual knowledge marketplace; and provide value-added jobs that would match the skill sets of the citizens. 7 LEVEL OF SERVICE ANALYSIS BRIGER TRACT January, 2005 Prepared For: The City of Palm Beach Gardens Growth Management 10500 North Military Trail Palm Beach Gardens, Florida 33410 Prepared By: 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286-3883 Fax (772) 286-3925 www.lbfh.com Attachment M TABLE OF CONTENTS Introduction ...................................................................... 3 General Description of the Subject Property ........ .4 A. Location: ................................................... 4-7 B. C. D. E. F. Population: ................................................... 9 Inventory of Public Facllities ................................... 9-13 A. Potable Water Services: .............................. 9 B. Sanitary Sewer Services: ............................ 10 C. Solid Waste Services:: ................................ 11 Subject Property - Existing Land Use: ... 8 Subject Property - Future Land Use: ...... 8 Subject Property - Zoning: ................... 8 Surrounding Future Land Uses & Zoning ... 8-9 D. Drainage Services: ..................................... 11 E. Park and Recreauon Services: ............ 10-11 F. Police Protection: ................................ 11-12 G. Fire Protection: .......................................... 12 H. Code Enforcement: ................................... 12 I. General Government: ......................... 12-1 3 Conclusion ...................................................................... 13 Future Land Use Plan Amendment Analysis ... .14-18 Introduction Ths Level of Service &OS) Analysis outlmes the fachties that would service the subject property in support of a Comprehensive Plan Future Land Use Map Amendment. The information contained in th~s document has been prepared in support of the Comprehensive Plan Future Land Use Map Amendment from Residential Low (lU) and Commercial (C) to Mixed-Use (MXD). Exhbits: (A) Subject Parcel Aerial Map for Briger Tract (B) Subject Parcel Sketch & Legal (C) City of Palm Beach Gardens Future Land Use Map 2015 (D) Briger Tract: Future Land Use Map (E) City of Palm Beach Gardens Official Zoning Map (F) Briger Tract: Zoning Map (G) 2004 Town of Jupiter Future Land Use Map (H) 2004 Town of Jupiter Zoning Map (I) Seacoast Utillty Authority Service Availabhty Letter 0) Seacoast Utility Authority Water Service Map (I<) Seacoast Uallty Authority Sanitary Sewer Service Map (L) Solid Waste Authority Service Availabhty Letter (M> Northern Palm Beach County Improvement District Units of Development Map February 2003 (N) Drainage Basin/Control Structures Northern Palm Beach County Improvement District Unit of Development No. 2 -3- General Description A. Location: The Briger Tract is an essentially vacant, undeveloped property located withm the municipal boundaries of the City of Palm Beach Gardens with the exception of three (3) single-famdy units and two (2) mobile home trailers. The 708.14-acre parcel is generally bounded to the south by Hood Road; bounded to the east by the Residential Low (RL) San Michele community, the Benjamin School, and the Legends at the Gardens mixed use (MXD) development; to the north by Donald Ross Road, and the Abacoa mixed use DRI; and to the west by Florida's Turnpike and the Palm Beach County Residential Community of East Pointe; and the property is bisected by Interstate 95 (FDOT State Road No. 9); see Exhbit (A). The legal description follows; see Exhibit (B): THAT PORTION OF SECTIONS 26 AND 35 IN TOWNSHIP 41 SOUTH, RANGE 42 EAST IN PALM BEACH COUNTY FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: PARCEL 1: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 01'20'00" W ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE S 01'20'00'' W ALONG SAID EAST LINE A DISTANCE OF 2,544.68 FEET TO THE NORTHEAST CORNER OF THE SOU1'HEAS?' QUAR?'EK Ob SAID SECTICIN 26; THENCE S 01'17'04" W ALONG S,IID EAST LINE X DISTANCE OF 2,619.78 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE S 00'47'26" W ALONG THE EAST LINE OF SAID SECTION 35 A DISTANCE OF 1,373.01 FEET TO THE NORTH LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 639.82 FEET TO 'THE EAST LINE OF THE LAND DESCRIBED IN B (2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID B (2) N 01'53'21" E A DISTANCE OF 70.00 FEET; THENCE N 88'06'39" W A DISTANCE OF 32.20 FEET; THENCE N 83'32'10" W A DISTANCE OF 52.96 FEET; THENCE N 01'53'21" E A DISTANCE OF 15.00 FEET; THENCE N 83'32'10" W A DISTANCE OF 140.45 FEET; THENCE S 01'5321" W A DISTANCE OF 15.00 FEET; THENCE N 83'32'10" W A DISTANCE OF 308.19 FEET; THENCE N 88'06'39" W A DISTANCE OF 117.30 FEET; THENCE N 00'48'46" E A DISTANCE OF 291.35 FEET; 4- THENCE N 89'11'14" W A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID B (2) BEING ALSO ON 'THE WEST LINE OF THE EAST 40.00 SAID SECTION 35; THENCE N 00'48'46" E ALONG SAID WEST LINE A DISTANCE OF 941.91 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE N 89'25'19" W ALONG SAID NORTH LINE A DISTANCE OF 658.25 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S 00'49'27'' W ALONG SAID WEST LINE A DISTANCE OF 459.48 FEET (CALCULATED TO BE S00'29'47" W 540.34') TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN A (1) OF SAID ORDER OF TAKING RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL A (1) N 28'00'42'' W A DISTANCE OF 625.78 FEET (CALCUJATED TO BE S28'00'42" W 615.60') TO THE NORTH LINE OF SAID SECTION 35; THENCE N 28'00'42" W ALONG SAID BOUNDARY A DISTANCE OF 3,541.97 FEET; THENCE N 24'00'40'' W ALONG SAID BOUNDARY A DISTANCE OF 546.71 FEET TO THE BEGINNING OF A CURVE THEREIN NORTHWESTERLY DIST,\NCE OF 544.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'31'54"; THENCE CONTINUE ALONG SAID BOUNDARY N 18'28'47" W A DISTANCE OF 543.08 FEET; THENCE N 14'39'55" W A DISTANCE OF 177.27 FEET; THENCE N 1 1'28'43" E A DISTANCE OF 190.38 FEET; THENCE N 63'46'49" E A DISTANCE OF 190.36 FEET; THENCE N 89'55'06'' E A DISTANCE OF 301.88 FEET; THENCE N 87'37'31'' E A DISTANCE OF 296.35 FEET; THENCE N 89'55'25'' E A DISTANCE OF 302.02 FEET; THENCE N 00'04'35'' W A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN B (3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID B (3) N 89'55'25'' E A DISTANCE OF 514.52 FEET; THENCE N 82'47'55'' E A DISTANCE OF 201.56 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE N 89'55'25'' E ALONG SAID PARALLEL LINE A DISTANCE OF 242.59 FEET; THENCE N 89'55'10'' E ALONG SAID PARALLEL LINE, A DISTANCE OF 2,668.72 FEET TO THE POINT OF BEGINNING. FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF CONCAVE NORTHEASTERLY, HAT'ING A RADIUS OF 5,635.58 FEET; THENCE CONTAINING 475.69 ACRES, MORE OR LESS. PARCEL 2: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; DISTANCE OF 4,365.77 FEET TO THE SOCTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS A (1) IN ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE: PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY S 34'24'11" E A DISTANCE OF 112.84 FEET; THENCE S 33'15'24" E A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN. THENCE N 00~36~io~~ E ALONG THE wwr LINE OF SAID SECTION A -5- CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11,365.16 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 813.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'05'58"; THENCE S 29'09'26" E A DISTANCE OF 1,199.39 FEET; THENCE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 2,426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 1,464.33 FEET; THENCE N 89'03'55" W ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN B (1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.11 FEET; THENCE S 86'53'19" W ALONG SAID NORTH LINE A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE N 88'06'39" W .ILONG SAID NORTHERLY LINE A DISTANCE OF 518.02 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE N 00'50'24'' E ALONG SAID EAST LINE A DISTANCE OF 627.76 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE N 89'02'58" W A DISTANCE OF 658.30 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE S 00'50'39" W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 616.97 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 643.06 FEET; THENCE N 89'03'24'' W ALONG SAID NORTH LINE A DISTANCE OF 673.72 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE N 00'51'10'' E ALONG SAID WEST LINE A DISTANCE OF 1,263.58 FEET TO THE POINT OF BEGINNING. CONTAINING 206.94 ACRES, MORE OR LESS. TOGETHER WITH: THE EAST 40 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS THAT PORTION CONVEYED TO COUNTY OF PALM BEACH FOR ROAD RECORDS OF PALM BEACH COUNTY, FLORIDA. RIGHT-OF-WAY FOR HOOD ROAD IN DEED BOOK 1142, PAGE 337, PUBLIC CONTAINING 0.538 ACRES. TOGETHER WITH: THE WEST 250 FEET OF THE EAST 290 FEET OF THE SOUTH 330 FEET THEREOF, LESS THAT PART IN HOOD ROAD; TOGETHER WITH: ALL THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, -6- PALM BEACH COUNTY, FLORIDA, LYING NORTH OF THE NORTH RIGHT-OF- WAY LINE OF HOOD ROAD, LESS AND EXCEPTING THERE FROM: THE EAST 40 FEET THEREOF, AND COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1 /4 OF THE NORTHEAST 1/4 OF THE SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; THENCE RUN N 88O07'24" W, A DISTANCE OF 1,266.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE N 01O52'36" E, A DISTANCE OF 80.00 FEET; THENCE N 88"07'24" W, A DISTANCE OF 340.26 FEET; THENCE N 28O00'12" W, A DISTANCE OF 1,477.07 FEET; THENCE N 89O24'43" W, A DISTANCE OF 423.66 FEET; THENCE S 28°00'12" E, A DISTANCE OF 1,465.33 FEET; THENCE N 89O04'42" W, A DISTANCE OF 200.00 FEET; THENCE S 01O52'36" W, A DISTANCE OF 227.32 FEET; THENCE S 88O07'24" E, A DISTANCE OF 332.50 FEET; THENCE S 28O00'12" E, A DISTANCE OF 1,380.87 FEET; THENCE S 87O56'10" E, A DISTANCE OF 429.84 FEET; THENCE N 28O00'12" W, A DISTANCE OF 1,365.72 FEET; THENCE N 89"00'51" E, ,.Z DISTANCE OF 200.00 FEET; THENCE N 01O52'36" E, A DISTANCE OF 154.56 FEET TO THE POINT OF BEGINNING. CONTAINING 13.96 ACRES. TOGETHER WITH: THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT RIGHT-OF-WAY FOR HOOD ROAD. CONTAINING 9.42 ACRES. The above described parcel of land contains an area of 708.14 acres, more or less. -7- B. Subject Property - Existing Land Use: The Briger Tract is a 708.14-acre essentially undeveloped parcel of land withm the City of Palm Beach Gardens with the exception of three (3) single-famtly units and two (2) mobile home trailers. C. Subject Property - Future Land Use: The Briger Tract has a future land use designation of Residenual Low (RL) for 695.13 acres, which permits up to four units per gross acre and Commercial (C) for 13.01 acres, which permits a maximum lot coverage of 35")~ of the site and maximum bulldmg height of 50 feet (5 stones), as outhned in the City of Palm Beach Gardens Comprehensive Plan Section 1, page 2 and shown on Exlxbits (C) and (D). D. Subject Property - Zoning: The Briger Tract is zoned PDA (Planned Development Area), whch is only a holdmg category for zoning with the anticipation of a zoning amendment upon development, as shown on Exhbits (E) and 0. E. Surroundmg Future Land Uses & Zoning Districts: Hood Road bounds the subject property to the south; the Residential Low (RL) San Michele community, the Benjamin School, and the Mixed Use (MXD) development Legends at the Gardens bounds the property to the east; Donald Ross Road bounds the property to the north, as well as the Abacoa mixed use DRI; and to the west by Florida's Turnplke and the Palm Beach County Residential Community of East Pointe; and the property is bisected by lnterstate 95 (FDOT State Road No. 9). EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING FUTURE LAND LAND USE EXISTING ZONING USE DESIGNATION Subiect ProDertv Residential Low (RL) Planned Development Area PDA) Commercial (C) Vacant/Undeveloped North Donald Ross Road Abacoa DRI Town of Jupiter South Westwood Residential Development of Regonal Impact (DRI) (Exhbit H) County Mixed Use (MU) (Exhbit G) Residential Mechum (RM) Residential Medmm (RM) Development - -8 Communitv East Legends at the Gardens Benjamin High School San Michele Residential Communitv West Eastpointe Residential Development Palm Beach County Mixed Use (MSD) Public Institutional (PI) County Residential Low3 Residential Estate (RE)/Planned Unit Development PUD) Mixed Use (MXD) Public Institutional Residential Low (RL) PI) County Residential Low 2 (2) F. Population: The exisung population of the area is approximately 12 persons (based on 2.4 persons per residenual unit) as the parcel is essentially undeveloped, with the exception of three (3) single-farmly units and two (2) mobile home trailers. The proposed population is 2,400 persons based on 2.4 persons per residential unit with a total of 1,000 residential units and 0 persons for the non-residenual uses. Inventory of Public Facilities A. Potable Water Services: The City currently receives water service from Seacoast Utillty Authority (SUA). The subject property is within the water service boundaries of SUA. Subject to prevahg fees, charges, policies, and practices, SUA has sufficient capacity and would provide water service to thts parcel as stated in its service availabhty letter, Exhibit I. Ths tract could be serviced from multiple locauons. The nearest water main tie-in locations would be at the northwest corner of the site, along the eastern boundary of the site, and along the southern boundary of the site, as shown in Exhbit J. 0 0 0 12” water main along the east property boundary. 24” water main along the south property boundary. 12” water main at the northwest property corner. -9- B. Sanitary Sewer Services: The City currently receives sanitary sewer service from Seacoast Uallty Authority (SUA). The subject property is within the sanitary sewer service boundaries of SUA. Subject toprevahg fees, charges, policies, and practices, SUA has sufficient capacity and would provide sanitary sewer service to this parcel as stated in its service availabhty letter, Exhibit I. This tract could be serviced from multiple locations. The nearest gravitv sewer tie-in locations would be along the western, southern, and eastern property boundaries as shown in Exhibit I<. Gravity and force main along the south property boundary. Gravity and force main along the east property boundary. C. Solid Waste Services: The City currently receives solid waste service from Solid Waste Authority (SWA). Subject to prevahg fees, charges, policies, and practices, SWA has sufficient capacity and would provide solid waste service to this parcel as stated in its service availability letter, Exhbit L. D. Drainage Services: The subject property is within the drainage/storm water service boundaries of Northern Palm Beach County Improvement District (NPBCID) as shown in Exhbit (M). More specifically, the subject property is within NPBCID Unit of Development No. 2, basins 3A and 3B, and is deslgnated withm Unit 2 as 3A and 3B with a minimum control elevation of 12.00* as shown on Exhibit (N). The anticipated positive outfall locauons would be to the east at existing control structures EPB-3A and EPB-3B with pass-through drainage through the Legends at the Gardens at Donald Ross Vdlage and San Michele. * Establishmg the control elevation for future development of land west of FP&L Power Lines in Sub-basins 3A and 3B will require approval from the South Florida Water Management District. E. Park and Recreation Services: The existing population of the area is approximately 12 persons (based on 2.4 persons per residential unit) as the parcel is essentially undeveloped with the exception of three (3) single-famdy units and two (2) mobile home trailers. The total of all publicly-owned parks is 176.76 acres. Local recreational needs are also provided through City-drrected recreation - 1 0 programs. The City organizes, schedules, and staffs numerous recreation programs and classes, includmg arts and crafts, dance, athletics, exercise, community theatre, and continuing education classes. PARK INVENTORY AND LEVEL OF SERVICE PALM BEACH GARDENS Park Acres Used Type Burns Road Center 12.79 12.79 Communitv Burns Road Addtion 3.80 3.80 Community Gardens Park N 9.74 9.74 Sports I Gardens Park S I 9.66 I 9.66 I SDorts I Gardens Park Soccer 16.90 11.40 Sports Lake Catherine Lakeside 4.66 4.66 Neighborhood Lake Catherine SDorts 10.82 10.82 Neighborhood Lilac Park 17.48 9.68 Neighborhood Mirasol Park 15.37 15.37 Community PGA National Park 35.25 35.25 Communitv Plant Dr. Park 8.28 8.28 Neighborhood Oaks Park 11.79 11.79 Neighborhood I kverside Com. Center 1 1.82 1 1.82 I Communitv 1 Sand Hill Crane 0.55 0.00 Water Access South Ibex Circle 0.47 0.00 Passive Area Tennis Center 16.74 8.50 SDorts Twins Park 0.64 0.64 Passive Area Totals 176.76 154.20 PoDulation Served' 42.789 42.789 SOURCE: Palm Beach Gardens, Department of Parks, October 2003. Notes: 1. Population served includes Permanent Resident City Population as estimated by the U.S. Bureau of the Census for 1990 & 2000. E Police Protection: Police protection in the area of the subject site is currently provided by the City of Palm Beach Gardens. The established level of service &OS) for police is based on a rate of 1,150 service calls pkr responding/field officer per year. The level of service is established by factoring the number of calls for service, average mne for calls, administrauve duties related to calls, response time to emergency calls, percentage of time spent on calls vs. time on patrol, Part I crimes, chronic call locations, fear of crime, traffic accidents and severity, clearance rate for crimes, commitment to Community-Oriented Policing concepts, and planned activity/neighborhood patrols into a formula to determine the required manpower for a population. - 11 - The proposed amendment reduces the future population on the subject site from 6,672 indtviduals (2,780 residential units x 2.4 persons/unit) to 2,400 (1,000 residential units x 2.4 persons/unit) individuals. The reduction of population on the subject site would lessen the demand on services therefore police services would not be negatively impacted and would not require additional officers beyond the officers necessary for the projected growth of the City. Police protection would be extended in the same manner as currently provided to the surroundmg areas to meet the Level of Service. G. Fire Protection: Palm Beach Gardens Fire Rescue is a full-service fire-rescue agency providmg fire suppression; advanced life support, includmg transport; fire inspections; fire invesugations; and community education. In 2003 the City’s average response time for emergency service Citywide was 5.55 minutes. Currently, Fire Rescue maintains an Insurance Services Office Rating of Class 3, and the City is actively pursuing accredttation through the Commission on Fire Accreltation International. Fire Station Number # 5, located at the intersection of Hood Road and Alternate AlA, currently serves the area surroundmg the subject site. The proposed amendment reduces the future population on the subject site from 6,672 indtviduals (2,780 residential units x 2.4 persons/unit) to 2,400 (1,000 residential units x 2.4 persons/unit). The reduction of population on the subject site would lessen the demand on services therefore fire-rescue services would not be negatively impacted and would not require adltional fire-rescue personnel beyond the officers necessary for the projected growth of the City. Fire-Rescue service would be extended in the same manner as currently provided to the surrounding areas to meet the Level of Service. H. Code Enforcement: The City of Palm Beach Gardens Code Enforcement Division currently lvides the 56- square-de City into three (3) inspection zones. The subject area is within Code Enforcement Zone 2, which is assigned to a specific Code Enforcement Officer. The Division consists of three (3) full-time and one (1) part-time inspector, and three marked vehcles. Code Enforcement Services would be extended in the same manner and to the same level of service as currently provided to the surroundmg areas, as the anticipated population increase would not increase the Code Enforcement staff needs. I. General Government: The City currently provides community development services through the Growth Management Department, which issues building permits, reviews site plans, issues certificates of occupancy, ensures that development complies with the City’s Comprehensive - 12 - Development Plan, and handles other issues relating to the development of the City. The Growth Management Department also provides for zoning regulation and rezoning of City land areas. Conclusion In conclusion, the subject property is currently wih the municipal boundaries of the City of Palm Beach Gardens, and the surroundmg area includmg the subject property is currently serviced by the City of Palm Beach Gardens, Seacoast Uallty Authority, Solid Waste Authority, and Northern Palm Beach County Improvement District. The proposed development would not pose a negative impact on the public facihties in the area. - 13 - FUTURE LAND USE MAP AMENDMENT ANALYSIS REPORTS 1. Size of the site in acres or fraction thereof. Subject parcel site area = approximately 708.14 acres 2. Description of existing land uses (not designations) of subject property and surrounding properties. Existing Use of Subject Property: Vacant, undeveloped parcel with exception of three (3) single-family units and two mobile home trailers. Existing Uses of Surrounding Properties: North: Donald Ross Road and the Town of Jupiter South: Hood Road and Westwood Gardens and Westwood Lakes Communities East: San Michele and Benjamin School West: Florida’s Turnpike and Palm Beach County East Pointe Community 3. A narrative whch summarizes: a) The maximum allowable development under the existing designation for the site: The existing Future Land Use Plan designation for the 708.14-acre site is Palm Beach Gardens Residential Low (RL) for 695.13 acres of the site and Palm Beach Gardens Commercial (C) for 13.01 acres of the site. The RL designation allows a maximum of 4 dwelling units per gross acre. The Commercial designation allows a maximum lot coverage of 35% with a maximum height of 50 feet. Therefore, the maximum allowable development under the existing Palm Beach Gardens Land Use Plan designations on the approximately 708.14 acres would be 2,780 dwelling units and 991,752 square feet (5 stories) of general commercial use. b) The maximum allowable development under the proposed designation for the site: The proposed Land Use Plan designation for the 708.14-acre subject site is Palm Beach Gardens Mixed Use Planned Unit Development (MXD). The Mixed Use designation is designed for new development which is characterized by a variety of integrated land use types. Therefore, the maximum allowable development under the proposed - 14 land use on the approximately 708.14 acres would be: 8,000,000 square feet of Research and Development (including 300- bed research clinic) 1,000 multi-family workforce residential units 50,000 square feet of Commercial Neighborhood c) A description of the proposed use and information on its compatibhty with the surrounlng area. The surrounding areas currently vary from the mixed use Abacoa development, to public/institution of Benjamin School, to the residential medium development of Westwood, the residential low development of San Michele and the County residential estate development of East Pointe. The proposed use is compatible to the surrounding uses as the overall site is adjacent to these residential communities, mixed and public uses. 4. A statement of justification or reason for the proposed land use amendment, whch is based on the physical characteristics of the site, the impact on public fachties and services, and the policies of the City. The subject 708.14 acres are currently undeveloped with the exception of three (3) single-family units and two (2) mobile home trailers. This proposed amendment to Mixed Use, MXD would be: 8,000,000 square feet of Research and Development (including 300- bed research clinic) 1,000 multi-family workforce residential units 50,000 square feet of Commercial Neighborhood The preceding narrative addressed the impact of the development on the City's public facilities and services and determined that the land use amendment would not have a negative impact on public facilities and services. 5. A description of the abhty of and demand on public fachties, kdlcating the proposal's impact on established level-of-service standards: traffic circulation, sanitary sewer, potable water, solid waste, drainage, recreation, and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on fachties and services.) The availability of and demand on public facilities has been analyzed based on the "maximum allowable development" as referenced in number 3.b) above. - 15 - Traffic Circulation: McMahon and Associates, Inc. analysis is included in the Map and Data Analysis in the Future Land Use Map Amendment. Sanitarv Sewer: Sanitary sewer services are provided by the Seacoast Utility Authority. The City’s Comprehensive Plan provides for the following standards: Sanitary Sewer - LOS (107 gallons per day per capita) Exishg Land Use Designation - PBG Residential Low (RL) 813,080gallons per day (4 units/acre f commercia4 as outlined below: 713,904 gallons per day based on a maximum of 2,780 residential units based on 4 units per gross acres (2,780 units x 2.4 persons per unit x 107 gallons per day per capita) 99,176 gallons per day based on a maximum square footage of 991,752 (991,752 square feet x 0.1 gal/day/square foot) Proposed Land Use Designation - PBG Mked Use (mD) 1,140,000 gallons per day based on a maximum of: 8,000,000 square feet of Research and Development 1,000 multi-family workforce residential units 50,000 square feet of Commercial Neighborhood (including 300-bed research clinic) (1,000 units x 2.4 persons per unit x 107 gallons per day per capita) Please Note: The demand in gallons per day for all calculations is rounded to the next full gallon. Potable Water: Potable water services are provided by the Seacoast Utility Authority. The City’s Comprehensive Plan provides for the following standards: Potable Water - LOS (191 gallons per day per capita) Exishg Land Use Designation - PBG Residential Low (RL) 3,373,528 gallons per day (4 units/acre + commercia4 as outhned below: 1,274,352 gallons per day based on a maximum of 2,780 residential units (2,780 units x 2.4 persons per unit x 191 gallons per day per capita) - 10 99,176 gallons per day based on a maximum square footage of 991,752 (991,752 square feet x 0.1 gal/day/square foot) Proposed Land Use Designation - PBG Mixed Use (MXD) 1,450,000 gallons per day based on a maximum of: 8,000,000 square feet of Research and Development 1,000 multi-family workforce residential units 50,000 square feet of Commercial Neighborhood (including 300-bed research clinic) (1,000 units x 2.4 persons per unit x 191 gallons per day per capita) Please Note: The demand in gallons per day for all calculations is rounded to the next full gallon. Drainage: The City’s Comprehensive Plan provides for the following standards: Drainage LOS - Comprehensive Plan Existing Development - l-day/lOO-year storm New Development greater than 10 acres - 3-day/25-year storm New Development less than 10 acres - 1 day/25-year storm The subject property will be required to meet the development standard of a 3-day/25-year storm event during the development review process. Solid Waste: Solid Waste Authority currently services the surrounding area. The City’s Comprehensive Plan provides for the following standards: Solid Waste - Residential LOS (7.13 lbs. per day per capita) Solid Waste - Non-Residential LOS (5.5 lbs. annual per square foot) The City’s Comprehensive Plan provides for the following standards: Existinp Land Use Desihation - PBG Residentr’al Low (RL) 47,572 pounds per day for 2,780 units (4 units/acre) as outhned below: (2,780 units x 2.4 persons per unit x 7.13 lbs per day per capita) 14,944 pounds per day based on a maximum square footage of 991,752 (991,752 square feet / 365 days x 5.5 lbs.) ProDosed Land Use Desihation - PBG Mixed Use fMxq) 138,413 pounds per day based on a maximum of: 8,000,000 square feet of Research and Development 1,000 multi-family workforce residential units (including 300-bed research clinic) - 17 - (1,000 units x 2.4 persons per unit x 191 gallons per day per capita) 50,000 square feet of Commercial Neighborhood Please Note: The demand is rounded to the next full pound. Recreation and ODen %ace: The City’s Comprehensive Plan provides for the following standards: Recreation and Open Space LOS - 3.7 acres per 1,000 residents Existinp Land Use Desipnation - PBC Residentiaf Low (E) 24.68 acres needed to meet the City’s LOS of 3.7 acres per 1,000 residents for the estimated 2.4 persons per unit per 2,780 dwelling units. ProDosed Future Land Use Desipnation - PBG Mked Use (MXD) 8.88 acres needed to meet the City’s LOS of 3.7 acres per 1,000 residents for the estimated 2.4 persons per unit per 1,000 dwelling units. - 18 - EXHIBIT A I. .- 1’ I- Feet +-, Legend 0 550 1,100 2,200 3,300 4,400 F 5 Source: City of Palm Beach Gardens; Growth Manaqement - GIs; Printed 11/9/2004 Brigger Tract EXHIBIT B r- A.(l) ORDER OF TAKING (O.R.B. 4296, PAGE 1151) CONSULTING CIVIL ENGINEERS, SURVEYORS k MAPPERS "Partners For Results. 3550 S.W. Corporate Parkway, Palm City, Florida 34990 (772) 286-3883 Fax: (772) 286-3925 BPR & FBPE License No: 959 www.lbfh.com i i I .d Scale: 1 'I= 1000' SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS Sheet 1 of 6 FILE NO. Project No. 04-438E C:\LELAND\SKSK\DWG\ ComP'Jted: NAB Date Checked: LLB ' /l /04 BRIGER-TRACT.DWG t 3 3 I 3 6 D P.O.B. 0 PARCEL 21 t I I I I ! B.(3) ORDER OF TAKING (O.R.B. 4296, PAGE 1151) I N89'55'47"E 2660.49' 2; !>N&@-R%sS-R>~- __ -I)_- E I 23 L~O 1-21 1-22 L2/f25 [ 245-- -- 223 _- 75' - - - - - - - \ \ 1 - N89'55'1O"E 2668.72' 1% L27 --\-\ J - TOWNSHII SECTION 26, ? 41 SOUTH, RANGE 42 EAST, BEACH COUNTY, FLORIDA > EAST h CORNER AREA EAST OF INTERSTATE 95 491.79 ACRES f PARCEL 1 475.69 ACRES -+ EAST 40' N.E.~ -_ I B.(2) ORDER OF (O.R.B. 4296, I TAKING 42 EAST,( PAGE 1151) /, PALM BEACH COUNTY, FLORIDA-----__- 1 -- -- -1.-- -- -- -- -- -_L -- _>_ __ __ __ N87'56'04"W 5270.07' P.O.C. PARCEL N.E. CORNER SECTlPN 26 so1 '20'00"W 75.02' P.O.B. -03 PARCEL 1 (D 4 * In hl 3 0 9 6 0 0 II) t I 7 0 f ? v t 4 3 D 4 3 3 n I I b"" c 5uu louu @ 2004 LBFH Inc. 0, ._ I LEGAL DESCRIPTION -BRIGER TRACT I I I THAT PORTION OF SECTIONS 26 AND 35 IN TOWNSHIP 41 SOUTH, RANGE 42 EAST IN PALM BEACH COUNN FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: I PARCEL 1: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 01’20’00“ W ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE S 01’20’00” W ALONG SAID EAST LINE A DISTANCE 2544.68 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE S 01’17’04” W ALONG SAID EAST LINE A DISTANCE OF 2619.78 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE S 00’47’26” W ALONG THE EAST LINE OF SAID SECTION 35 A DISTANCE OF 1373.01 FEET TO THE NORTH LINE OF HOOD ROAD; THENCE N 88’06’39” W ALONG SAID NORTH LINE A DISTANCE OF 639.82 FEET TO THE EAST LINE OF THE LAND DESCRIBED IN B (2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296. PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNM; THENCE ALONG THE BOUNDARY OF SAID B (2) N 01‘53’21” E A DISTANCE OF 70.00 FEET; THENCE N 88’06’39” W A DISTANCE OF 32.20 FEET; THENCE N 83’32’10” W A DISTANCE OF 52.96 FEET; THENCE N 01’53’21” E A DISTANCE OF 15.00 FEET; THENCE N 83’32’10” W A DISTANCE OF 140.45 FEET; THENCE S 01’53’21” W A DISTANCE OF 15.00 FEET; THENCE N 83’32’10” W A DISTANCE OF 308.19 FEET; THENCE N 88’06‘39” W A DISTANCE OF 117.30 FEET; THENCE N 00’48‘46” E A DISTANCE OF 291.35 FEET; THENCE N 89’11’14” W A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID B (2) BEING ALSO ON THE WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE N 00’48’46” E ALONG SAtD WEST LINE A DISTANCE OF 941.91 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE N 89’25’19” W ALONG SAID NORTH LINE A DISTANCE OF 658.25 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S 00’49’27“ W ALONG SAID WEST LINE A DISTANCE OF 459.48 FEET (CALCULATED TO BE S00’29’47”W 540.34’) TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN A (1) OF SAID ORDER OF TAKING RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL A (1) N 28’00‘42” W A DlSTANCE OF 625.78 FEET (CALCULATED TO BE N28’00’42”W 615.60’)TO THE NORTH LINE OF SAID SECTION 35; 24’00’40” W ALONG SAID BOUNDARY A DISTANCE OF 546.71 FEET TO THE BEGINNING OF A CURVE THEREIN CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5635.58 FEET; THENCE NORTHWESTERLY A DISTANCE OF 544.10 FEET ALONG THENCE N 28’00’42” W ALONG SAID BOUNDARY A DISTANCE OF 3541.97 FEET; THENCE N SAID CURVE THROUGH A CENTRAL ANGLE OF 05’31’54”; THENCE CONTINUE ALONG SAID BOUNDARY N 18’28’47” W A DISTANCE OF 543.08 FEET; THENCE N 14‘39’55” W A DISTANCE OF 177.27 FEET; THENCE N 11’28’43” E A DISTANCE OF 190.38 FEET, THENCE N 6546’49“ E A DISTANCE OF 190.36 FEET; THENCE N 89’55’06” E A DISTANCE OF 301.88 FEET; THENCE N 87’37‘31” E A DISTANCE OF 296.35 FEET; THENCE N 89’55’25” E A DISTANCE OF 302.02 FEET; THENCE N 00’04’35” W A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN B (3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID B (3) N 89’55’25” E A DISTANCE OF 514.52 FEET; THENCE N 82’47’55” E A DISTANCE OF 201.56 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE N 89’55’25” E ALONG SAID PARALLEL LINE A DISTANCE OF 242.59 FEET; THENCE N 89’55’10” E ALONG SAID PARALLEL LINE, A DISTANCE 2668.72 FE€T TO THE POINT OF BEGINNING. CONTAINING 475.69 ACRES, MORE OR LESS. i CONTINUED ON SHEET 3 OF 5 $(THIS - IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) 2004 LBFH In PROJECT NAME: IGINAL WSED SEAL OF SKETCH AND DESCRIPTION FOR: , THIS MAP/REPORT IS BEEN MADE BY THIS PALM BEACH GARDENS LEGAL DESCRIPTION -BRIGER TRACT CONTINUED FROM SHEET 2 OF 5 PARCEL 2: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE N 00'36'10" E ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 4365.77 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS A (1) IN ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY S 34'24'11" E A DISTANCE OF 112.84 FEET; THENCE S 33'15'24" E A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11365.16 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 813.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'05'58"; THENCE S 29'09'26" E A DISTANCE OF 1199.39 FEET; THENCE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 2426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 1464.33 FEET; THENCE N 89'03'55" W ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN B (1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.11 FEET; THENCE S 86'53'19" W ALONG SAID NORTH LINE A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTHERLY LINE A DISTANCE OF 518.02 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE N 00'50'24" E ALONG SAID EAST LINE A DISTANCE OF 627.76 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE N 89'02'58" W A DISTANCE OF 658.30 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE S 00'50'39" W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 616.97 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 643.06 FEET; THENCE N 89'03'24" W ALONG SAID NORTH LINE A DISTANCE OF 673.72 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE N 00'51'10" E ALONG SAID WEST LlNE A DISTANCE OF 1263.58 FEET TO THE POINT OF BEGINNING. CONTAINING 206.94 ACRES, MORE OR LESS. TOGETHER WITH; THE EAST 40 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS THAT PORTION CONVEYED TO COUNM OF PALM BEACH FOR ROAD RIGHT-OF-WAY FOR HOOD ROAD IN DEED BOOK 1142, PAGE 337, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 0.538 ACRES. TOGETHER WITH: THE WEST 250 FEET OF THE EAST 290 FEET OF THE SOUTH 330 FEET THEREOF, LESS THAT PART IN HOOD ROAD; TOGETHER WITH: ALL THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 ROAD, LESS AND EXCEPTING THERE FROM: THE EAST 40 FEET THEREOF, AND CONTINUED ON SHEET 4 OF 5 I I I SOUTH, RANGE 42 EAST, PALM BEACH COUNM, FLORIDA, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF HOOD 9 CONSULTING CIVIL ENGINEERS, Scale: NA SURVEYORS k MAPPERS Sheet 3 of 6 2 $1 THIS IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) REVISIONS: Field Book: N/A Page: N/A 1 Field: N/A I 1 @ 2004 LBFH Inc. I FILE NO. f 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: NAB Date G:\LELAND\SKSK\DWG\ @RIGER-TRACT.OWG PROJECT NAME: SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS BRIGER TRACT Project No. 04-4388 LEGAL DESCRIPTION -BRIGER TRACT CONSULTING CIVIL ENGINEERS, Scale: NA SURVEYORS k MAPPERS Sheet 4 Of 6 CONTINUED FROM SHEET 3 OF 5 REVISIONS: Field Book: N/A Page: N/A I Field: N/A I ZOMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; THENCE RUN N 88’07’24” W, A DISTANCE OF 1266.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE N 01’52’36” E, A DISTANCE OF 80.00 FEET; THENCE N 88’07’24” W, A DISTANCE OF 340.26 FEET; THENCE N 28’00’12” W, A DISTANCE OF 1477.07 FEET; THENCE N 89’24’43” W, A DISTANCE OF 423.66 FEET; THENCE S 28’00’12’‘ E, A DISTANCE OF 1465.33 FEET; THENCE N 89’04’42” W, A DISTANCE OF 200.00 FEET; THENCE S 01’52’36” W, A DISTANCE OF 227.32 FEET; THENCE S 88’07’24” E, A DISTANCE OF 332.50 FEET; THENCE S 28’00’12” E, A DISTANCE OF 1380.87 FEET; THENCE S 87’56’ 10” E, A DISTANCE OF 429.84 FEET; THENCE N 28’00’12’’ W, A DISTANCE OF 1365.72 FEET; THENCE N 89’00’51” E, A DISTANCE OF 200.00 FEET; THENCE N 01’52’36” E, A DISTANCE OF 154.56 FEET TO THE POINT OF BEGINNING. CONTAINING 13.96 ACRES. TOGETHER WITH: 3550 S.W. Corporate Parkway, Palm city, Florida 34990 (772) 286-3883 Fax: (772) 286-3925 BPR & FBPE License No: 959 www.Ibfh.com THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, CONTAINING 9.42 ACRES. RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT RIGHT-OF-WAY FOR HOOD ROAD. FILE NO. Project No. 04-4388 G:\LEUND\SKSK\DWG\ ERIGER-TR4CT.DWG Computed: NAB Dote Checked: LCB ’ /04 BEARING BASE: THE WEST BOUNDARY OF PARCEL 1 OF OFFICIAL RECORDS BOOK 6608, PAGE 288. PUBLIC RECORDS OF PALM BEACH GARDENS. FLORIDA. THIS IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) a 2004 LBFH Ir PROJECT NAME: SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS BRIGER TRACT LINE AND CURVE TABLE 7 SURVEYOR AND MAPPER’S SIGNATURE - FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 2 PROJECT NAME: SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS BRIGER TRACT h .e 9 STATE OF FLORIDA NO. 2400 LELAND L. BURTON. PROFESSIONAL SURVEYOR & MAPPER CONSULTING CIVIL ENGINEERS, Scale: NA SURVEYORS k MAPPERS Sheet 5 Of 6 3550 S.W. Corporate Parkway, Palm city, Florida 34990 Computed: NAB www.lbfh.com Checked: LLB (772) 286-3883 FOX: (772) 286-3925 =1 BPR FBPE License NO: 959 REVISIONS: Field Book: N/A Page: N/A Field: N/A Date 1 /1 FILE NO. Project No. 04-4388 /04 03-OO~ZCDD-CNTR LB.DWC 18 52424126000009010 EXHIBIT C s 4 a ir-- y' -7 x Q i A * A f N-. 00 >D Y F A I! ni I Y u -- I' = ! u I (R 8 a L 3 EXHIBIT D I I 1-1 Brigger Tract RL - Residential Low m C - Commercial m ROS - Recreation Open Space I RM - Residential Medium I PO - Professional Office 1-J CR - Commercial Recreation a 1 MXD - Mixed Use 7 RRIO - Rural Residential( 1 per 10 Acres) 1 RR20 - Rural Residential(1 per 20 Acres) EXHIBIT E 1 1 i 1111 r 4- 0 EXHIBIT F 1-j Brigger Tract 0 Unincorporated/Other Municipalities RL3 - Residential Low Density-3 0 CN - Neighborhood Commercial RM - Residential Medium Density = CGI - General Commercial RMH - Residential Mobile Home MXD - Mixed Use P/I - Public or Institutional PO - Professional Office PCD - Planned Community Developmen e RE - Residential Estates RLI - Residential Low Density-I RL2 - Residential Low Density-2 - RH - Residential High Density 0 CG2 - Intensive Commercial MI - Research & Light Industrial Park I] PDA - Planned Development Area MIA - Light Industrial CONS - Conservation EXHIBIT G 0 P VI N- W P VI- I H ............... ::-.a. ........... :::: .:. . ..,.. . :n ... :..... - ..-. :: ::+:;,?;$; EXHIBIT H Allanlic Ocean C2 GENERAL. - COMMERCIAL - ZF~~:YUERCIAL. I c4 coyY~RcuL, RESTRICRD C? CONSERVATION = PRESERVATION 1- L, WD MIXEDUSE NZ NOTZONED' uI;(IwcE us ONE WATCRWAV COYYERCUL ENTERTAINMENT t___i 0.5 1 I 2 1 INDIANTOWN OVERLAY ZONE (102) DISTRICTS - r I Miles 3 4 __ __ 1 Miles I J -1 ,;----- 0 0.15 0.3 0.6 0.9 1.2 1.5 CIVIC ALTERNATE AIA It I8 ruggrrtod that you contra the Division of Planning and Zoning (561-741-2323) to vrrify the zonlng cl8srlflcation of any parcel wlthin the Town of Jupiter. Plrarr contrct Palm Brrch County for quertionr concerning Unincorporated property (561-233-5300) EXHIBIT I ---A L Seacoost Utility Authority T CXCCUTIVE wrct January 20,2005 FAX 799-4111 Kim lrwiii City of Palm Beach Gardens 10500 Military Trail Palm Bcnch Gardens FL 33410 Re: Brig- Tract Service Availability Informath DCU Ms. Irwin: Seacoast Utility Authority is pled to olhr the following rcspomc to your ~tdce availability request fixed to Bruce GrcBg on January 20,2005. The referend project lies within Seacoast's water and sewcr service arca Subject to prevailing fws, charges, policies and practices, Seacoasl thmfare proposes to provide the project with water and sewcr service. A statement of cumt lrttalmcnt plant capacity and pmjcctcd service demand follows. CAP AClTY DEMAND SUMMAHY EXPRESSED AS MTLLION (;Aj..V.ONS PER DAY CUKCIlt Plant CORUllitted Capacity and in Use 1 0/3 1/04) I1 013 1/04) This Project WATER (Avg. Day) 24.fjO 2 I .02 SEWER (3 Mo. Max. Day) 12.00 8.4s RECLAIMED WATER 8.00 7.43 (Reclaimcd water treatment capacity expansion to 12.00 MGD heguii mnstniction in J*anuary 2005.) 1.45 1.14 4200 Hood Road, Palm Bcoch Gardens, Clorida S410-2198 Pholle; Customcr Service (561) 627-2920 / Executivc Office (561) 627-2900 / Fax (581) 624-2fl.79 While Seaconst’s existing facilities provide sufftcient water troatmenl capacity to scrvc thc project, Seacoast may determine that FloriJan aquif’cr wclls and a reverse osmusis water treatment plant rcprcscnt thc most effective way to meet futurc regional demand. If so, these facilities will be sized to incorporate this project’s water supply nccds. Sinccrcly, SEACOAST LJJLITY AUTHORI’I’Y Rim Sishok Executive Dirdor cc: RonFerris Bnlce &egg Dee Ciles EXHIBIT J S Briger Tract - SUA Water Mains in Vicinity 0 500 1,000 2,000 3,000 --- i Feet January 10,2005 p:\O44388\gis\water. mxc EXHIBIT I< S Briger Tract - SUA Sewer Mains in Vicinity 0 500 1,000 2,000 3,000 -- I Feet January 10,2005 p:\04-4388\gis\sewer.rnxc EXHIBIT L c Thursday 13 of Jan 2005, Faxination -> January 13,2005 LBFH (City of Palm Beach Gardens) 350 SW Corporate Parkway 1 OLR P 4RTYEK FOR TOLID H ASTE SOLL TIOU Palm City, FL 34990 Attn: Judy A.T. Dye Subject: Briger Tract Availability of Solid Waste Disposal Capacity Dear Ms. Dye: The Solid Waste Authority of Palm Beach County hereby provides certificahon that the Authority has disposal capacity available to accommodate the solid waste generation for the full build out of the proposed Briger Tract project in the year 2020. This letter also constitutes notification of sufficient capacity for concurrency management and comprehensive planning purposes. Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5.005(4). As of September 30,2004, the Authority's North County Landfills had an estimated 37,869,813 cubic yards of landfill capacity remaining Based upon the eximing Palm Beach County population, the most recently available population growth rates published by the University of Florida Bureau of Economic and Business and Research (BEBR), medium projection, and projected rates of solid waste generation, .waste reduction and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021, assuming the depletion of the Class I and Class III landfills is approximately balanced. The Solid Waste Authority of Palm Beach County currently owns land that could be developed as a landfill when the existing capacity is depleted, and easily provide capacity for 40 or more years beyond the cursent site capacity (ie., beyond 2065). Based on discussions with County planning staff regarding projccts of similar scope and magnitude, the Briger Tract should not increase the rate of population growth, nor the total county population projection above that predicted in the BEBR medium projection. For this reason the Bnger Tract project will not have an impact on the long-term solid waste disposal capacity for Palm Beach County. lhe Authority is funded on an enterpnse basis. The annual disposal absessment collected from all improved properties in the county, together with other revenues (recycling revenues, electncity sales, erc 1 fund all the O&M and capital expenditures for the Authonty, including paying any costs associated with Bonds sold to fund capital improvements The Authority continues to pursue options to increase the life of its existing facilities and to provide for all of the County's current and future dqosal and recycling needs. 7501 North Jog Road, West Palm Beach. Florida 33412 (561) 640-4000 FAX (561) 640-3400 Page 2 of *' ' Thursday 13 of Jan 2005, Faxination -> Page 3 of : Lf you have any questions or I can be of further assistance, please do not hesitate to contact me. very truly yours, Marc C. Bruner, Ph.D. Director of Planning and Environmental Programs c: John Booth, SWA Dan Clark, Palm Beach Gardens EXHIBIT M r J 7 Lr- - B ..._I. .- / h' -_ - k L" Y , rl '-I P 2 i EXHIBIT N e b. f E z W ? NN T NN uz> 'I El. 4- 4 DRAINAGE BASlNSlCONTROL STRUCTURES NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT UNIT OF DEVELOPEMENT No. 2 -_ .> THE PALM BEACH POST SUNDAY, JANUARY 23,2006 *B CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on February 17, 2005, at 7:OO p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: ORDINANCE 7,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO CERTAIN PROPERTIES CONSISTING OF APPROXIMATELY 708.14 ACRES, GENERALLY LOCATED AT THE NORTH EAST SIDE OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE AND SOUTH OF DONALD ROSS ROAD, COMMONLY REFERRED TO AS “BRIGER BEACH GARDENS, FLORIDA, PROVIDING FOR A LAND-USE MAP TRACT,” TO CHANGE THE LAND-USE DESIGNATION FROM COMMERCIAL (C) AND RESIDENTIAL LOW (RL) LAND-USE DESIGNATION TO MIXED-USE (MXD) LAND-USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE. All members of the public are invited to attend and participate in said public hearing. All documents pertaining to said Ordinance may be inspected by the public in the Growth Management Department located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:OO a.m. - 500 p.m., except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). Patricia Snider, City Clerk CMC Publication Date: Wednesday, February 2,2005 Notes: Please make the ad at least two columns wide, ten inches long, and the headline no smaller than 18 points. Please note that the advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Date Prepared: January 13,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 7,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO CERTAIN PROPERTIES CONSISTING OF APPROXIMATELY 708.14 ACRES, GENERALLY LOCATED AT THE NORTH EAST SIDE OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE AND SOUTH OF DONALD ROSS ROAD, COMMONLY REFERRED TO AS “BRIGER BEACH GARDENS, FLORIDA, PROVIDING FOR A LAND-USE MAP TRACT,” TO CHANGE THE LAND-USE DESIGNATION FROM COMMERCIAL (C) AND RESIDENTIAL LOW (RL) LAND-USE DESIGNATION TO MIXED-USE (MXD) LAND-USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens authorized the staff to initiate comprehensive plan amendments necessary to effectuate the City’s economic development goals and objectives; and WHEREAS, the proposed amendment to the Future Land-Use Map amendment furthers the goals, objectives, and policies of the recently-adopted Economic Development Element; and WHEREAS, the City Council adopted the City of Palm Beach Gardens Comprehensive Plan on January 4,1990; and WHEREAS, the City is proposing to modify the future land use designation from its current Commercial (C) and Residential Low (RL) land use designations to Mixed- Use (MXD) land use designation of a 7O8.I4-acrel more or less, parcel known as the “Briger Tract,” located at the northeast corner of the intersection of Hood Road and the Florida Turnpike, immediately south of Donald Ross Road; and WHEREAS, the Briger Tract was annexed into the City of Palm Beach Gardens from unincorporated Palm Beach County through Ordinance 16,1990; and WHEREAS, the Planning, Zoning, and Appeals Board, as the duly constituted Local Planning Agency for the City, conducted the required public hearing on February 8, 2005, after due notice and has made its recommendations to the City Council; and WHEREAS, the City Council finds that the subject amendment is consistent with Sections 163.31 84 and 163.31 87, Florida Statutes; and Date Prepared: January 13, 2005 Ordinance 7,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council acknowledges that this amendment is subject to the provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City shall maintain compliance with all provisions thereof; and WHEREAS, the City has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.31 81 , Florida Statutes; and WHEREAS, after due notice and public hearing, the City Council of the City of Palm Beach Gardens deems it in the best interest of the present and future residents of the City of Palm Beach Gardens that the proposed Comprehensive Plan Amendment be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Future Land Use Map of the Comprehensive Plan of the City of Palm Beach Gardens is hereby amended to change the future land-use designation for the following described 708.1 4-acre property, generally located immediately east of the Florida Turnpike, north of Hood Road, and south of Donald Ross Road, from a Commercial (C) and Residential Low (RL) land-use designation to a Mixed-Use (MXD) land-use designation limited to 8 million square feet of Research and Development (including a 300-bed research clinic), 1,000 multi-family workforce units, and 50,000 square feet of commercial or the equivalent thereof: LEGAL DESCRIPTION: THAT PORTION OF SECTIONS 26 AND 35 IN TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: PARCEL 1: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 01"20'00 W ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE S 01"20'00" W ALONG SAID EAST LINE A DISTANCE OF 2,544.68 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE S OI"17'04" W ALONG SAID EAST LINE A DISTANCE OF 2,619.78 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE S OO"47'26" W ALONG THE EAST LINE OF SAID SECTION 35 A DISTANCE OF 1,373.01 FEET TO THE NORTH LINE OF HOOD ROAD; THENCE N 8'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 639.82 FEET TO THE EAST 2 Date Prepared: January 13,2005 Ordinance 7, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 LINE OF THE LAND DESCRIBED IN B (2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID B (2) N 01'53'21" E A DISTANCE OF 70.00 FEET; THENCE N 88'06'39" W A DISTANCE OF 32.20 FEET; THENCE N 83'32'10" W A DISTANCE OF 52.96 FEET; THENCE N 01 '53'21" E A DISTANCE OF 15.00 FEET; THENCE N 83'32'1 0" W A DISTANCE OF 140.45 FEET; THENCE S 01'53'21" W A DISTANCE OF 15.00 FEET; THENCE N 83"32'10" W A DISTANCE OF 308.19 FEET; THENCE N 88'06'39" W A DISTANCE OF 117.30 FEET; THENCE N 00'48'46" E A DISTANCE OF 291 -35 FEET; THENCE N 89'11'14" W A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID B (2) BEING ALSO ON THE WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE N 00'48'46" E ALONG SAID WEST LINE A DISTANCE OF 941.91 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE N 89'25'19" W ALONG SAID NORTH LINE A DISTANCE OF 658.25 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S 00'49'27" W ALONG SAID WEST LINE A DISTANCE OF 459.48 FEET (CALCULATED TO BE S 00'29'47" W 540.34') TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN A (1) OF SAID ORDER OF TAKING RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL A (1) N 28'00'42" W A DISTANCE OF 625.78 FEET (CALCULATED TO BE S 28'00'42" W 615.60') TO THE NORTH LINE OF SAID SECTION 35; THENCE N 28'00'42" W ALONG SAID BOUNDARY A DISTANCE OF 3,541.97 FEET; THENCE N 24'00'40" W ALONG SAID BOUNDARY A DISTANCE OF 546.71 FEET TO THE BEGINNING OF A CURVE THEREIN CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5,635.58 FEET; THENCE NORTHWESTERLY A DISTANCE OF 544.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'31'54"; THENCE CONTINUE ALONG SAID BOUNDARY N 18'28'47" W A DISTANCE OF 543.08 FEET; THENCE N 14'39'55" W A DISTANCE OF 177.27 FEET; THENCE N 11 '28'43" E A DISTANCE OF 190.38 FEET; THENCE N 63'46'49" E A DISTANCE OF 190.36 FEET; THENCE N 89'55'06" E A DISTANCE OF 301.88 FEET; THENCE N 87'37'31" E A DISTANCE OF 296.35 FEET; THENCE N 89"55'25" E A DISTANCE OF 302.02 FEET; THENCE N 00'04'35'' W A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN B (3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID B (3) N 89'55'25" E A DISTANCE OF 514.52 FEET; THENCE N 82'47'55" E A DISTANCE OF 201.56 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE N 89'55'25" E ALONG SAID PARALLEL LINE A DISTANCE OF 242.59 FEET; THENCE N 89'55'10'' E ALONG SAID PARALLEL LINE, A DISTANCE OF 2,668.72 FEET TO THE POINT OF BEGINNING. CONTAINING 475.69 ACRES, MORE OR LESS. PARCEL 2: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE N 00'36'10" E ALONG THE WEST LINE OF SAID SECTION A DISTANCE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 13,2005 Ordinance 7.2005 OF 4,365.77 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS A (1) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY S 34'24'11" E A DISTANCE OF 112.84 FEET; THENCE S 33'15'24" E A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11,365.16 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 813.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'05'58"; THENCE S 29'09'26" E A DISTANCE OF 1,199.39 FEET; THENCE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 2,426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 1,464.33 FEET; THENCE N 89'03'55" W ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN B (1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.11 FEET; THENCE S 86'53'19" W ALONG SAID NORTH LINE A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTHERLY LINE A DISTANCE OF 518.02 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE N 00'50'24" E ALONG SAID EAST LINE A DISTANCE OF 627.76 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE N 89'02'58" W A DISTANCE OF 658.30 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE S 00'50'39" W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 616.97 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 643.06 FEET; THENCE N 89'03'24" W ALONG SAID NORTH LINE A DISTANCE OF 673.72 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE N 00'51'10" E ALONG SAID WEST LINE A DISTANCE OF 1,263.58 FEET TO THE POINT OF BEGINNING. CONTAINING 206.94 ACRES, MORE OR LESS. TOGETHER WITH: THE EAST 40 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS WAY FOR HOOD ROAD IN DEED BOOK 1142, PAGE 337, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THAT PORTION CONVEYED TO COUNTY OF PALM BEACH FOR ROAD RIGHT-OF- CONTAINING 0.538 ACRES. TOGETHER WITH: THE WEST 250 FEET OF THE EAST 290 FEET OF THE SOUTH 330 FEET THEREOF, LESS THAT PART IN HOOD ROAD; 4 Date Prepared: January 13,2005 Ordinance 7, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 TOGETHER WITH: ALL THAT PART OF THE EAST 1/2 OF THE NORTHWEST 114 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM OF HOOD ROAD, LESS AND EXCEPTING THERE FROM: BEACH COUNTY, FLORIDA, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE THE EAST 40 FEET THEREOF, AND COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 114 OF THE SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; THENCE RUN N 88'07'24" W, A DISTANCE OF 1,266.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE N 01'52'36" E, A DISTANCE OF 80.00 FEET; THENCE N 88'07'24" W, A DISTANCE OF 340.26 FEET; THENCE N 28'00'12" W, A DISTANCE OF 1,477.07 FEET; THENCE N 89'24'43" W, A DISTANCE OF 423.66 FEET; THENCE S 28'00'12" E, A DISTANCE OF 1,465.33 FEET; THENCE N 89'04'42" W, A DISTANCE OF 200.00 FEET; THENCE S 01'52'36" W, A DISTANCE OF 227.32 FEET; THENCE S 88'07'24" E, A DISTANCE OF 332.50 FEET; THENCE S 28'00'12" E, A DISTANCE OF 1,380.87 FEET; THENCE S 87'56'10" E, A DISTANCE OF 429.84 FEET; THENCE N 28'00'12" W, A DISTANCE OF 1,365.72 FEET; THENCE N 89'00'51" E, A DISTANCE OF 200.00 FEET; THENCE N 01'52'36" E, A DISTANCE OF 154.56 FEET TO THE POINT OF BEGINNING. CONTAINING 13.96 ACRES. TOGETHER WITH: THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT RIGHT-OF-WAY FOR HOOD ROAD. CONTAINING 9.42 ACRES. THE ABOVE-DESCRIBED PARCELS OF LAND CONTAIN AN AREA OF 708.14 ACRES, MORE OR LESS. SECTION 3. The City's Growth Management Administrator is hereby directed to transmit the proposed Comprehensive Plan Amendment and supporting data, analysis, and other relevant material, which is attached hereto as Exhibit A, to the Department of Community Affairs of the State of Florida and other appropriate public agencies, and upon adoption of this Ordinance is further directed to ensure that this Ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies in accordance with Section 163.31 84(3), Florida Statutes. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 13,2005 Ordinance 7, 2005 SECTION 4. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.31 84(l)(b), Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the local government adopts a resolution affirming its effectiveness in the manner provided by law. (The remainder of this page left intentionally blank) 6 Date Prepared: January 13,2005 Ordinance 7, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of , 2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR AGAINST ABSENT BY: Christine P. Tatum, City Attorney d G:\attorney-share\ORDlNANCES\COMP PLAN - FLUM final-ord 7 2005.doc 7 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING February 17, 2005 The February 17, 2005 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, by Mayor Eric Jablin, and opened with the pledge of allegiance. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Russo, Councilmember Delgado, Councilmember Levy, and Councilmember Valeche. ADDITIONS, DELETIONS, AND MODIFICATIONS: Councilmember Delgado made a motion to move items B, C and D under Resolutions to immediately follow the Consent Agenda. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. ANNOUNCEMENTS AND PRESENTATIONS: Mayor Jablin introduced Max Nunziata, who was about to become an Eagle Scout, and presented him with a certificate of achievement for his hard work and dedication. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported she held a town hall meeting the previous evening, which had been very informative and was attended by many residents. CITY MANAGER REPORT: City Manager Ron Ferris introduced an update construction at the turnpike. Police Chief Stepp reported there were six projects and lack of coordination had been causing traffic problems. Within two weeks two new traffic lights were anticipated along PGA Boulevard at Jog Road Extension. On Central Boulevard at the Old Palm Flyover, that project was anticipated to be completed within 60 days. The MacArthur Boulevard roundabout was anticipated to be completed within a couple of weeks. The entire Turnpike project completion was expected by September, and Turnpike officials were now working with the City. The PGA Flyover was anticipated to be completed within two weeks. The I-95 and Northlake construction had created a lot of traffic being diverted, creating traffic congestion on other roads. Turnpike Enterprise representatives were present and provided updates on that construction project and responded to questions and comments. Representatives for the I-95 construction at Northlake to PGA reported that project was ahead of schedule and that ramp would be open next week; the entrance ramp would then be closed for approximately 30 days. Representatives for the flyover reported only asphalt paving work remained to be completed. RE-ORDER AGENDA: Motion was made by Vice Mayor Russo, seconded by Councilmember Delgado, and unanimously carried to move items B, C, and D under Resolutions to be next, followed by the Consent Agenda. Councilmember Delgado announced she wished to pull item (e) on the Consent Agenda for discussion. RESOLUTIONS: Resolution 16, 2005 – Art in Public Places – Benjamin School. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art In Public Places proposal for the Benjamin Upper School Planned Unit Development located on the West side of Central Boulevard approximately one-quarter mile South of Donald Ross road, as CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 2 more particularly described herein; providing for conditions of approval; and providing an effective date. Following a short presentation by staff, Councilmember Levy moved approval of Resolution 16, 2005. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. Resolution 19, 2005 – Art in Public Places – Downtown at the Gardens. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a request for the approval of the Art In Public Places for Downtown at the Gardens, located within the Regional Center DRI/PCD at the Southeast corner of the intersection of Gardens Parkway and Alternate A1A, as more particularly described herein; providing for conditions of approval; and providing an effective date. Staff provided a presentation. Resident Norma Tallow asked why art was coming from outside the country when there were a lot of artists in the United States. Linda Oliver, Chairman of the Art Council, commented most of the art would be from this country but others could not be excluded. Councilmember Valeche made a motion to approve Resolution 18, 2005. Vice Mayor Russo seconded the motion, which carried by unanimous 5-0 vote. Resolution 27, 2005 – Art in Public Places – 3I Innovation Implants. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art In Public Places proposal for Implant Innovations located on lots 6, 7, 9, 10, and 11 within the NorthCorp Planned Community Development (PCD), as more particularly described herein; providing for one condition of approval; and providing an effective date. Planner Autumn Sorrow presented the project. Councilmember Valeche made a motion to approve Resolution 27, 2005. Vice Mayor Russo seconded the motion, which carried by unanimous 5-0 vote. CONSENT AGENDA: Councilmember Levy moved approval of the Consent Agenda with the exception of item e. Vice Mayor Russo seconded the motion, which carried by unanimous 5-0 vote. a. Approve Minutes from the January 20, 2005 regular City Council meeting. b. Resolution 23, 2005 – Agreement with the Police Benevolent Association for Police Officers, Sergeants, and Communication Operators. A Resolution of the City Council of the City of Palm Beach Gardens, Florida 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 2004-2005, 2005-2006, and 2006-2007; authorizing the Mayor, City Manager, and City Clerk to execute said agreement; and providing an effective date. c. Resolution 26, 2005 - Consider approval of an Amendment to the Agreement with Joel Straus Consulting, Inc. for consultant services related to the PGA Flyover Tower Sculptures selection (Project 2002-018). A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the execution of an amendment to the agreement with Joel Straus Consulting, Ltd. for professional art consultant services related to the PGA Flyover Towers; and providing an effective date. d. Resolution 30, 2005 - Weiss School Plat. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the plat of Weiss School; and providing an effective date. f. Resolution 32, 2005 – Consider approval of the re-appointment of two (2) members to the Board of Trustees of the City of Palm Beach Gardens Police Officers’ Retirement Trust Fund. A Resolution of the City Council of the City of Palm Beach Gardens, Florida re-appointing two (2) members to the Board of Trustees of the City CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 3 of Palm Beach Gardens Police Officers’ Retirement Trust Fund; and providing an effective date. g. Resolution 33, 2005 - Disaster Relief Funding Agreement with the State of Florida, Department of Community Affairs. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the City Manager to execute a disaster relief funding agreement with the State of Florida, Department of Community Affairs, for disaster relief as a result of Hurricane Jeanne; and providing an effective date. h. Consider approval of Change Order Number 1 in the amount of $197,500 to Murray Logan Construction, Inc. for additional canal right of way clearing services on the Stormwater System Improvements Project – Phase III (2003-007). i. Proclamation –– Shrine Hospital Days from February 19th through March 1st. Item Pulled from Consent: e. Resolution 31, 2005 - Approving a six (6) month extension to the current contract with Waste Management of Palm Beach for Solid Waste, Recycling, and Vegetative Waste Collection. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the contract with Waste Management of Palm Beach for solid waste, recycling, and vegetative waste collection; authorizing the Mayor and the City Clerk to execute said amendment; and providing an effective date. Vice Mayor Russo asked if by extending this would it waive the City’s right to extend it for five years. The City Attorney reported after six months it could still be extended for five years. Discussion ensued. Vice Mayor Russo made a motion to approve Resolution 31, 2005. The motion was seconded and carried by unanimous 5-0 vote. COMMENTS FROM THE PUBLIC: Eleanor Schweitzer, 79 Dunbar Road, expressed concern that greed had overshadowed everything ever since the process for Scripps had started; that the previous night’s town meeting held by a council member had disseminated incorrect information and a large number of residents had been barred from coming in, and when asked why, the council member had said it was a private meeting. Ms. Schweitzer expressed support for Scripps at the Briger tract. Kate Roos, 159 Evergrene Parkway, expressed agreement with Ms. Schweitzer, stated she favored Scripps at the Briger Tract and wanted the new medical facilities it would bring, and Scripps would fill the gap to bring a bright future to our children. Bob O’Dell, Palm Beach County PBA, thanked the council for approving the police and sergeants’ contract but expressed concern that it took a year, and asked that the fire contract not be prolonged by the process. Interest-based bargaining was recommended by the Vice Mayor; however, the City Manager indicated that had been done when the City was smaller. Sierra Kornbluth, 4191 Haverhill Road, #422, West Palm Beach, expressed concern that at Councilmember Delgado’s meeting the previous evening, she had seen and heard when Jody Barnett had been accosted by three police officers in uniform when she tried to sign in, and had heard them telling people to immediately close the doors. Ms. Barnett had presented her printed invitation but was still refused entry, and told this was a private party and they had been instructed not to allow her entry. Ms. Kornbluth stated her concern that elected officials could hold private parties with invitations; but that a town meeting where issues of concern were discussed should be open to all residents, and she had been extremely disturbed by what she had observed. Councilmember Levy noted that CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 4 meeting had not been sanctioned by the City. Jody Barnett, 59 Windsor Lane, commented Councilmember Delgado had stated she held a town hall meeting, and had told the Palm Beach Gardens Police Department that she was having a private party, both of which were untrue, and she believed Councilmember Delgado had held an infomercial for herself, but she had not been allowed in the room although she had an invitation, and invited anyone to see her invitation. Ms. Barnett stated she had been surrounded by three Palm Beach Gardens uniformed police officers who had stated they were instructed specifically not to let her in, which left her shaking. Ms. Barnett expressed her opinion that Ms. Delgado had obstructed the process of Scripps, represented her own well-being instead of that of the City, and asked that she refrain from voting on Scripps, Vavrus, or any other issue that would mean financial gain for Ms. Delgado. Vice Mayor Russo requested the issues raised by Ms. Barnett be responded to by the Police Department by a letter. Councilmember Delgado defended herself, stating Ms. Barnett arrived at the previous night’s meeting with an attitude and would not sign in. Councilmember Levy asked if resident comments were censored during comments from the public. The City Attorney explained any comments could be made within the 3-minute limit so long as they were civil. Lauren Furtado, 4318 Crestdale Street, requested the Council think about a connection from Donald Ross directly to the Briger site, which she had confirmed was feasible, but advised a request was needed from a government entity. Ms. Furtado confirmed that she had been standing next to Ms. Barnett at the previous night’s meeting and Ms. Barnett had indeed signed in. Ms. Furtado quoted from Ms. Delgado’s campaign statement against unplanned sprawl and noted the Vavrus site must be planned sprawl, commented the way to have everyone benefit was to broaden the City’s tax base, that using propaganda to scare people and negativity was not productive, that the City’s visioning statement was to broaden the tax base so people could afford to live here, and expressed her support for the Briger site. Councilmember Delgado responded with additional comments regarding Ms. Barnett’s actions the previous night. Carol Fishbein, 116 Palm Point Circle, commented she was present tonight because of Ms. Delgado’s actions the previous night, that not everyone had signed in, that Ms. Delgado had filed complaints against her son because he had been in her presence and he was campaign manager for Clay Harrow, and she and her husband had been questioned by the police three times regarding their son’s actions. Ms. Fishbein expressed her opinion that such important issues as zoning, Scripps, crime, and potential terriorism could not be adequately addressed when dirty political campaigns were allowed, and stated Ms. Delgado should be ashamed of herself. Ms. Delgado responded with statements about what Ms. Fishbein’s son had done. Tory Buckley, 4454 Daffodil Circle, commented residents were here to state their opinions and that should be the end of it, not to have rebuttals, and residents were not here to have an argument with City Council. Donna Brosemer, 8 E. Lexington Lane, #2, wished to underscore that a lot of tonight’s comments were made because they had not been allowed the night before, and agreed with Mr. Buckley there should not be rebuttal with statements that were untrue and residents could not defend themselves. Ms. Brosemer stated she was doing everything she could to support Jody Barnett. Julia Byrd, Daffodil Circle, stated she agreed with Mr. Buckley, commented that she considered the mailing from the City to be a great political campaign for the Briger site, and asked the amount of tax dollars spent on the mailing. Bruce Rendina, West Palm Beach, commented his company had their national headquarters in the City, and also had a large office in LaJolla, California, where Scripps had been located for many years, and noted that many of the facts had been distorted. Mr. Rendina stated the 8 CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 5 million square feet was a vision and would take many years to become a reality, and they would not all cluster in one area but would spread through the community, and traffic would not be the issue as perceived today. John Lernihan, 1801 Sabal Ridge Court, commented food, shelter, and water were the three most important things for human life, and water was most important; and felt Scripps should not move to Florida. Vice Mayor Russo requested Ms. Barnett receive an answer regarding the police department, and stated he did not want this chamber turned into a political forum. Ms. Delgado stated that had already been done with the Chief of Police but it could be put into writing. PUBLIC HEARINGS: Part I – Quasi-judicial - None Part II – Non-Quasi-judicial - Mayor Jablin outlined the procedures to be followed. Ordinance 2, 2005 – District Park FLUM (First reading and transmittal hearing). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a large-scale land-use map amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain property consisting of approximately 81.80 acres, generally located West of Interstate-95, East of Central Boulevard, South of the Old Palm Planned Community Development (PCD), and North of the Duncan Middle School and the Garden Lakes Planned Unit Development (PUD), to change the land-use designation from Residential Medium (RM) to Conservation (CONS); and providing an effective date. The City Clerk read Ordinance 2, 2005 on first reading by title only. Senior Planner Brad Wiseman presented the proposed amendment. Staff answered questions from the Council. Mayor Jablin declared the public hearing open. Commissioner Karen Marcus requested this petition be withdrawn since this was a county park, not a city park, and the city had not notified the county of this petition. Vito DeFrancesco, Shady Lakes, pointed out this park was initially to include an amphitheater and water park, and an amphitheater would destroy surrounding development by impacting lifestyle of approximately 3,000 homes. Tom Sosey, 149 Bent Tree, read into the record comments from Ruth Peeples,184 Bent Tree, who could not attend tonight: Ms. Peeples requested the city change the zoning designation from RM to conservation. Rick Sartory, 4131 Lakespur Circle South, requested going forward and that the city work with the county on this issue. Jean Cramer, Assistant County Administrator, commented there was no amphitheater or water park in the most recent site plan, and the county would be happy to continue the process. Steven Beier, 3500 Marigold Court, asked everyone to work together for the greater good. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Russo made a motion to withdraw Ordinance 2, 2005. Councilmember Valeche seconded the motion. During discussion of the motion, the City Attorney advised this could be postponed indefinitely. Commissioner Marcus requested withdrawal. Councilmember Delgado asked that work continue toward a park. It was confirmed the designation did not need to be changed for a park. It was requested that the residents in the area be involved. Motion carried by unanimous 5-0 vote. RE-ORDER AGENDA Councilmember Delgado moved to hear Ordinance 4 and Ordinance 7 at this time. Councilmember Valeche seconded the motion, which carried 4-1 with Councilmember Levy opposed. Ordinance 4, 2005 – Comp Plan Future Land Use Element text amendment. (First reading and transmittal hearing). An Ordinance of the City Council of the City of Palm Beach CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 6 Gardens, Florida Amending the Future Land Use Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the Public/Institutional uses within the Mixed-Use Land Use Designation; and providing an effective date. The City Clerk read Ordinance 4, 2005 on first reading by title only. Senior Planner Kara Irwin presented the amendment. Mayor Jablin declared the public hearing open. Norma Tarlow, 6253 Celadon Court commented Scripps people were not the kind of people wanted in Palm Beach Gardens. Laurie Limebrook, 4124 Venetia Way, thanked Ms. Delgado for holding the town hall meeting and expressed her opposition to proposed zoning changes and Ordinances 4 and 9. Vicki Muschkin, 4123 Venetia Way, requested clarification on information received from the city regarding Briger—how to get a larger buffer and how to make sure the buildings did not get too high. Howard Rosenkranz, 25 Princewood Lane, supported Scripps but not the Briger location, and did not agree with traffic assumptions, and suggested delaying this process until it was known who was coming to the Briger site. Kevin Carpenter, 5122 Isabella Drive, echoed Mr. Rosenkranz’s comments, indicated it seemed greed was a force in this and was against changing ordinances 4 and 9 and zoning on the Briger site, expressed concern regarding traffic Scripps would bring, and asked the city to wait until the county had made their decision before proceeding. Michael Steinger, 3146 San Michele Drive, noted he and others had learned about these ordinances at Ms. Delgado’s meeting the previous night, and expressed concern that residents had not had an opportunity to hear more discussion before changing the ordinance, and favored waiting to make changes after it was known who would occupy the Briger site. Janet Steinger, 3146 San Michele Drive, expressed concern with the motives behind changing zoning on the Briger site, and commented many San Michele purchasers would not have purchased there if they had known this would happen, and she was never told this could happen in her back yard. Troy Fee, 3144 San Michele Drive, asked why this was being done now when it was not known if Scripps was coming to this site, why residents had to find out about this from Ms. Delgado’s meeting, and asked if there would be large tax breaks for Scripps. Tiffany Fee, 3144 San Michele Drive, commented the only information on this received by San Michele residents was from Ms. Delgado’s meeting, that she chose San Michele for her home based on low density, and was opposed to Scripps on the Briger Tract. Steve Barnes, 1011 Shady Lakes Circle, stated he loved Scripps but not on the Briger Tract where all 8 million square feet of the development would be located, and believed traffic assumptions were untrue. Vito DeFrancesco, Shady Lakes, commented changing the area would mean 40% more buildings could be added, expressed concern there would be much more traffic than anticipated, commented this would allow trees to be cut down, and expressed his opinion this would reduce quality of life. Dennis Solomon, 217 Old Meadow Way, stated he was a member of the Florida Bar and a member of the PZA Board, but was speaking as a resident and expressed support for the four agenda items and the Briger site for Scripps. Mr. Solomon expressed his opinion Scripps would provide high quality jobs and increase the city’s tax base, and listed reasons he favored the Briger site. Jeannie Kulek, 4127 Venetia Way, San Michele, commented San Michele residents had not been consulted and the zoning code should not be changed, and expressed concern that she would have 24 hours of daylight from lights on at Scripps. Tom Sosey, 149 Bent Tree, opposed all the ordinances regarding the Briger Tract, stated he was pro Scripps but asked that the ordinances be tabled at this time. Kenneth Kahn, 610 Hiatt Drive, Chairman of the Palm Beach Gardens Economic Development Advisory Board, advised that the board supported all ordinances whether or not Scripps went to Briger, to CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 7 help the economic development of the city. Al Gyuricza, 3132 San Michele Drive, expressed concern no one at San Michele had been asked for input and requested they be able to provide their input in order to plan the future of the community together. Barry Reiss, 16000 Portofino Circle, expressed his opinion it was wrong to bring Scripps here and opposition to all issues here tonight. Patty Doherty, PGA National, supported Scripps on any site and wanted them to grow because of her father’s Alzheimer’s, since Scripps led the way in finding cures for such diseases and provided hope for families like hers. Elle Halperin, representing Gardens 95 Limited Partnership, property owner adjacent to the site, urged the city to allow those already in the process from the forbearance agreement to proceed in a more timely fashion and to be sure the city’s traffic study included all pending applications. Keith Greene, 4382 Hawthorn Avenue, commented the general changes being considered would reduce green space and increase building heights and would have an adverse effect on the character of the city. Amir Kamel, 8332 Man-o-War Road, expressed support for Scripps on the Briger site and asked the city to protect the surrounding neighborhoods. Barry Present, 372 Prestnick Circle, stated he was a long-time resident and Vice Chair of Planning and Zoning Commission, and expressed support for tonight’s comp plan amendments to allow mixed use development of the Briger site, whether or not Scripps was located there, for attainable workforce housing and an employment center. Commissioner Karen Marcus thanked the city and the landowner for their work to bring the Briger site forward so if Scripps wanted that site it would be ready, or if not, the city would have an opportunity to develop the site through their economic development program. Howard Lisnoff, 634 Moondancer Court, commented Briger had been mentioned for the past year, his family had moved here for the lifestyle, and expressed opposition for the Briger site. Mayor Jablin declared the public hearing closed. Staff responded to comments that had been made and explained the process for comprehensive plan transmittal. A suggestion was made by the Vice Mayor to transmit and to hold an open forum to answer questions in approximately 30 days to clarify the issues. The City Manager reported staff was in contact with a representative from San Michele to hold a meeting there. Councilmember Delgado suggested a town hall meeting to inform other developments. Councilmember Levy made a motion to approve Ordinance 4, 2005. Councilmember Valeche seconded the motion. Motion carried 4-1, with Councilmember Delgado opposed to doing it at this time Ordinance 7, 2005 – Comp Plan Future Land Use Map amendment. (First reading and transmittal hearing). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a Land-Use Map Amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain properties consisting of approximately 708.14 acres, generally located at the North East side of the intersection of Hood Road and the Florida Turnpike and South of Donald Ross road, commonly referred to as “Briger Tract,” to change the land-use designation from Commercial (C) and Residential Low (RL) land-use designation to Mixed-Use (MXD) land-use designation; and providing an effective date. The City Clerk read Ordinance 7, 2005 by title only on first reading. Senior Planner Kara Irwin presented the proposed amendment. The City Attorney noted there was not time to finish the agenda items tonight. Mayor Jablin opened the public hearing. Councilmember Levy made a motion to continue the public hearing for Ordinance 7, 2005 to a date certain of the next night, February 18, 2005, at 7 p.m. Councilmember Valeche seconded the motion, which carried by unanimous 5-0 vote. Ordinance 8, 2005 – Comp Plan Capital Improvements Element Amendment.(First reading CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 8 and transmittal hearing) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Capital Improvements Element of the City of Palm Beach Gardens Comprehensive Plan to include projects which are necessary for the City to continue to meet its adopted level-of-service standards; and providing an effective date. The City Clerk read Ordinance 8, 2005 on first reading by title only. Mayor Jablin declared the public hearing open. Councilmember Delgado made a motion to continue the public hearing for Ordinance 7, 2005 to a date certain of the next night, February 18, 2005, at 7 p.m. Councilmember Valeche seconded the motion, which carried by unanimous 5-0 vote. Ordinance 9, 2005 – Comp Plan Conservation Element amendment. (First reading and transmittal hearing). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Conservation Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the protection of environmentally sensitive areas and listed species; and providing an effective date. . The City Clerk read Ordinance 9, 2005 on first reading by title only. Mayor Jablin declared the public hearing open. Councilmember Delgado made a motion to continue the public hearing for Ordinance 9, 2005 to a date certain of the next night, February 18, 2005, at 7 p.m. Councilmember Valeche seconded the motion, which carried by unanimous 5-0 vote. RESOLUTIONS: Resolution 10, 2005 - Borland Center for Community Enrichment. A Resolution of the City Council of the City of Palm Beach Gardens, Florida accepting a conservation easement from Palm Beach Acquisitions LLC, a Florida Limited Liability Company, for a 4.6-acre site off the Beeline Highway, opposite the North County Regional Airport, as more particularly described herein, as an off-site upland preserve set aside for the Borland Center Planned Unit Development; approving the Borland Center Plat; accepting a deed for Shady Lakes Drive consistent with the Borland Center Plat; and providing an effective date. Councilmember Delgado made a motion to continue the public hearing for Ordinance 7, 2005 to a date certain of the next night, February 18, 2005, at 7 p.m. Councilmember Levy seconded the motion, which carried by unanimous 5-0 vote. CITY OF PALM BEACH GARDENS REGULAR MEETING, 2/17/05 9 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 11:25 p.m. APPROVAL: ____________________________________ MAYOR ____________________________________ VICE MAYOR ____________________________________ COUNCILMEMBER ____________________________________ COUNCILMEMBER ____________________________________ COUNCILMEMBER ATTEST: ____________________________________ PATRICIA SNIDER, CMC CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 15,2005 Meeting Date: March 17,2005 Resolution 40,2005 SubjectlAgenda Item: Mirasol Plat Six Plat [XI Recommendation to APPROVE 1 ] Recommendation to DENY Reviewed by: Growth Manaaernent Submitted by: &.<* +2“”’ ,.I $ Judy A. Taylor Dye Assistant City Engineer <>, Approved by: ww City Manager Originating Dept.: )y”-s.’-2 7 ?+> 7 -1 ‘,u c :-, Judy A. Taylor Dye Assistant City Engineer Advertised: Date: Paper: [ X ] Not Required Affected parties [X ] Notified [ ] Not required Costs: $ NIA (Total) $ NIA Current FY Funding Source: [ ] Operating [XI Other Budget Acct.#: Council Action: [ ]Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: Resolution 40,2005 City Engineer Memo [ ]None Page 2 of 2 Date Prepared: February 15,2005 Meeting Date: March 17,2005 Resolution 40,2005 STAFF RECOMMENDATION The plat of Mirasol Plat Six includes the platting of the land within the Mirasol PCD located west of the Florida Turnpike between PGA Boulevard and Hood Road. This plat better defines the property within the PCD, particularly the golf course and adjacent parcels. Staff recommends approval of Resolution 40,2005. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 40,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING MIRASOL PLAT SIX PLAT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Mirasol Plat Six 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, Florida Statutes, and recommends approval of the plat; and WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Mirasol Plat Six Plat consisting of four (21) sheets, prepared by Mock, Roos & Associates, Inc., attached hereto as Exhibit “A.” SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: February 15,2005 Date Prepared: February 15,2005 Resolution 40, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER AYE NAY ABSENT G:\attorney-share\RESOLUTlONSWAT - mirasol plat 6 plat -reso 40 2005.doc 2 Date Prepared: February 15, 2005 Resolution 40, 2005 EXHIBIT A I I I I I I I I I I I I I I I I I , I I 1 I I I I I I ~ I I I I I I I I I I ~ I i I I I ! 1 I I 1 I- m 00 W. 1s Bg % -a 00 Lnm CVI < m 8 D o $ m TP 0-1 mm z .. m z ? r VI c VI " 3 ",%9 W 3 P 5 m r V P W ? c? 3 < z fi W 30 I- G2 om DO 3- Vim I .. W -m N< OD VI0 .0 V m 0 rz - n 8 8 W 0 c7 -i m 3 VI ?F 9 4 D 3 m 3 V 4 0 D 01 II! - I w 0 P 3 W m ? m E n L 6 - z f 4 W "m 00 co 271 40 <" .D 0 P 2 5 - z m P W VI VI W Ln 0 5 rn n m CI 8 - VI L u D W m R 8 r m VI . RMIIDA'S TURNPIKE I I i f, 5 3 -4 VI 0 D 0 9 0 r VI > r 5 VI I e 4 N 0 VI I I I I I I I I I I I I I I I I I 1 i I I I I I I I I I ~ I I I 1 j 0-1 60 GRAPHIC SCALE IN FEET 1 f % 5 m I m v) 4 0 MATCH UNE - SEE SHED 7 IN I 0-3 BO GRAPHfC WALE MI FEET 1 I I I I I I I 1 I I I I I ~ I I ~ I I 0 - 40 80 120 160 GRAPHIC SCALE IN FEET I I I I I i I I I I i I I 1 I I I I I I I I ~ I I I I 1 ~ I I I i ! I I I ~ I I I I I 1 I "I 0 P 40 80 120 160 GWPHIC SCALE IN FEET I MATCH LINE - SEE SHEET 13 5 i: E R I m I In In I m d A - 0 40 80 120 160 GRAPHIC SCALE IN FEET 0-160 OWHC SC4LE IN FEET ----__ 692.41' 501'04'5051 869.+1' ---------,"""_-- NM'IO'WT MATCH LINE - SEE SHEET 14 i I i i i i i i I f / L CWHIC SCALE IN FEU J i s I li E 4 / i c B R 5 - 0-1 BO GFAPHIC SCALE IN FETT I ! I ! I I i 1 j I I I I I I i I I I I I I 1 I I i I I I I I I MATCH LINE - SEE SHEE-T 19 0-1 Bo GRAPHIC SC4LE IN FEET N I Y 01 u c c .d d TRACT 15 - - CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 11,2005 Meeting Date: March 17,2005 Resolution 34,2005 SubjectfAgenda Item: Resolution 34,2005: Frenchman’s Reserve Pod C Site Plan Approval Consideration of Approval: A request by Jim Gielda of Land Design South, on behalf of Toll Brothers Inc., for site plan approval of Frenchman’s Reserve Pod C, to allow for the construction of 48 zero lot line single-family homes on an approximately 12.68-acre site. The Frenchman’s Reserve Planned Community Development (PCD) is located east of the intersection of Hood Road and Alternate A1A. [XI Recommendation to APPROVE with four waivers [ ] Recommendation to DENY Reviewed by: Tala1 Benothrpp ICP Ila’ P&Z Division Director Christine Taturn/ --L& City Attorney Administrator Approved by: City Manager Originating Dept.: Growth Management: Senior Planner Bahareh Wolfs, AICP ssc,l Development Compliance [XI Quasi-Judicial [ ] Public Hearing [ 3 Legislative Advertised: [XI Not Required Date: NA Paper: NA Affected Parties: [XI Not Notified Finance: Costs: $ NA (Total) $ NA Current FY Funding Source: [ ] Operating [X ] Other NIA Budget Acct.#: NIA City Council Action: [ ]Approved [ ] Approved wl conditions [ 3 Denied [ ] Continued to: Attachments: Ordinance 4,2001 0 Reso 34,2005 Waiver Chart 0 Reduced Plans Date Prepared: February 11,2005 Meeting Date: March 17,2005 Resolution 34,2005 EXECUTIVE SUMMARY Frenchman’s Reserve Pod C is designed for 48, 65’ X 140’ typical sized zero lot line lots with a proposed density of 3.79 dwelling units per acre, which is consistent with its Master Plan designation of Residential Low. Pod C consists of 5 single-family model homes. Staff recommends approval of Resolution 34,2005 with the 4 waivers and the 15 conditions provided therein. BACKGROUND On March 15, 2001, the City Council approved the Frenchman’s Reserve Planned Community Development (PCD) through the adoption of Ordinance 4,2001, which consists of 430 single-family dwelling units and 100 multi-family dwelling units on a 434-acre site. The PCD was subsequently amended by Ordinance 19, 2002, which allowed for modified conditions of approval and an amended Master Plan. The site plans for Pods A, B, D, E, F, G, and H have all been approved by the City Council. Frenchman’s Reserve Pod C is consistent with Ordinance 4, 2001, the most recently adopted amendment to the PCD, and the currently approved Master Plan. Pod C is the last parcel within the PCD that is yet to receive approval by the City Council. LAND USE & ZONING The subject site has Future Land-Use and Vision Map designations of Residential Low (RL). The site is zoned Planned Community District (PCD) Overlay with an underlying zoning of Residential Low Density - 3 (RL-3), which is consistent with the Frenchman’s Reserve Master Plan designation of Residential Low (RL). CONCURRENCY The type and number of dwelling units within Pod C are consistent with the approved concurrency for the Frenchman’s Reserve PCD. PROJECT DETAILS Site Location: Pod C is located in the central portion of the Frenchman’s Reserve PCD and is accessed via Hood Road. Single-Family Lots Pod C is designed for 48’65’ X 140’ typical sized zero lot line lots with a proposed density of 3.79 2 Date Prepared: February 11,2005 Meeting Date: March 17,2005 Resolution 34,2005 Section 78-141 Section 78-141 Section 78-501 dwelling units per acre, which is consistent with its Master Plan designation of Residential Low. Greater of 7.5’ Side Setback or 10% of the lot width (6.5’) 10’ Rear Setback 1,500’ Maximum length for cul-de- sac streets Model Homes Pod C consists of five single-family model homes. Three models are one-story hlgh and two models are two stories high. The models are referred to as the Carrington, El Mirasol, Montecito, Playa Riente, and the Casa Bendita. Each model has five distinct architectural elevations, which consist of the Provincial, Versailles, Chateau, Traditional, and Mediterranean. The design of these models is consistent with the architectural theme of the Frenchman’s Reserve PCD, the design guidelines, and previously approved models in all other pods. These elevations have hip roofs, decorative columns, covered walkways, decorative banding, and front-loaded garages. Below is a chart that indicates the stories, square-footage, garage type, and number of bedrooms and bathrooms for each of the five models. Waivers The applicant is requesting the following four waivers: side of the street Provided 4’ sidewalk on both sides of the street 3’ for screen enclosures and accessory structures 0’ for lots not abutting preserve/3 ’ for lots abutting preserve (accessory structures & screens) 1,664’ cul-de-sac street 4.5’ Approve (2) 10’ for lots not abutting preservel7’ for lots abutting Approve (3) reserve 3 Date Prepared: February 11,2005 Meeting Date: March 17,2005 Resolution 34,2005 Staff Analvsis 1) The applicant is requesting a waiver from Section 78-506 of the City Code, to allow for 4- foot sidewalks on both sides of the street. The addition of a sidewalk on the other side of the street is a strong pedestrian enhancement for the community, which justifies the one-foot reduction in the pathway width. This waiver has been granted to all residential pods in the Frenchman’s Reserve PCD. Staff recommends approval. 2) The applicant is requesting a waiver from City Code Section 78-141, to allow for a side setback of 3’ for screen enclosures and accessory structures. This waiver has been granted to Pods D, F, and G. Staffrecommends approval. 3 The applicant is requesting a waiver from City Code Section 78-141, to allow for a 0’ rear setback for screen enclosures and accessory structures for lots not abutting a preserve and a 3’ rear setback for screen enclosures and accessory structures for lots abutting a preserve. The rears of all lots within Pod C abut some form of open space. This waiver has been granted for Pods B, E, F, and G. Staffrecommends approval. 4) The applicant is requesting a waiver from City Code Section 78-501, to allow for a 1,664- foot long cul-de-sac roadway. Taking into account the size and number of single-family lots, an increased roadway is necessary to fit all 48 units within Pod C. A cul-de-sac roadway less than 1,664 feet will require a reduction in residential units. Since Pod C has a lower density than what was provided for in the Master Plan approval, staff has raised no concerns with this request. Staff recommends approval. PLANNING, ZONING, AND APPEALS BOARD The Planning, Zoning, and Appeals Board reviewed the subject petition on January 25,2005, and voted 7-0 to recommend its approval to the City Council. STAFF RECOMMENDATION Staff recommends Approval of Resolution 34, 2005 with the waivers and conditions provided therein. 4 February 1,2001 March 5,2001 ORDINANCE 4, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM TOLL BROTHER’S DEVELOPMENT COMPANY, INC. FOR DEVELOPMENT OVERLAY ZONING WITH UNDERLYING ZONING OF RL3 (RESIDENTIAL LOW) TO ALLOW FOR A 434.19 ACRE, 530 DWELLING UNIT RESIDENTIAL COURSE AND A 45,000 SQUARE FOOT CLUBHOUSE FACILITY LOCATED DIRECTLY EAST OF THE INTERSECTION OF HOOD ROAD AND ALTERNATE AlA, 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. APPROVAL OF A RE-ZONING TO PLANNED COMMUNITY COMMUNITY WHICH INCLUDES AN 18-HOLE GOLF WHEREAS, the City of Palm Beach Gardens received an application from Toll Brother’s Development Company for approval of a 434.19 acre, 530 dwelling unit residential community which includes an 18 hole golf course and a 45,000 square foot clubhouse facility, located directly east of the intersection of Hood Road and Alternate AlA, as more particularly described in Exhibit “A attached hereto; and WHEREAS, the 434.19 acre site is currently zoned Planned Development Area; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; 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, the Growth Management Department has recommended approval of the Planned Community Development (PCD) known as Frenchman’s Reserve; and WHEREAS, the City’s Planning and Zoning Commission has 18 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD-0007 reviewed said application and recommended that it be approved with the requested waivers and subject to certain 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 a 434.19 acre, 530 dwelling unit residential community which includes an 18 hole golf course and a 45,000 square foot clubhouse facility, located directly east of the intersection of Hood Road and Alternate AlA, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. SECTION 2. Said Planned Community Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Project Plans and Uses 1) Fee simple residential lots shall not include parkways, landscape easements or buffers, lake maintenance areas or any water management area, golf course or any other community-serving open space (Planning and Zoning). 2) Parcel access illustrated on the master plan is conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details. The County must also approve parcel access points onto Palm Beach County roadways (City Engineer, Planning and Zoning). 3) Public road cross-sections, to be dedicated to Palm Beach County, are conceptual in nature and shall be subject to joint review by Palm Beach County and Palm Beach Gardens (City Engineer). 4) If the site plan approval has not been obtained and the applicant desires to clear and rough fill a pod during the construction of lakes, the applicant shall obtain approval from the Growth Management Department prior to performed said work (City Engineer). 5) Within thirty days following the issuance of the first Certificate of Occupancy in Pod G, the petitioner shall remove the temporary information center and parking area (Planning and Zoning). 19 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petltlon PCDQOQ7 6) During the course of the development, all property within the PCD shall be platted (City Engineer). Environmental Preservation and Landscaping 7) The applicant, successors, or assigns shall be responsible for the installation and maintenance of the landscaping (including irrigation, electricity, mastarm lighting, crosswalk pavers, and overhead power) in the medians and along the eastern road shoulders of Alternate AIA for those sections of the roadway adjacent to the Frenchman’s Reserve Planned Community Development (PCD). The landscape plans for Alternate A1A shall be prepared by the applicant based on the City Roadway Beautification Master Plan, when said plan is adopted by the City. The Alternate A1A landscaping shall be installed prior to the first certificate of occupancy of Pod GI or the applicants shall place monies, in an amount equal to 110% of the cost of the landscape improvements, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. The City shall require, as a condition of approval of any new project located west of the Frenchman’s Reserve PCD, that such new project shall bear its proportionate share of the cost of the continued maintenance of Alternate AIA landscaping. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of Alternate AlA, then the Frenchman’s Reserve property owners association shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City Palm Beach Gardens (Planning and Zoning). 8) Within 90 days of the effective date of this development order, the applicant shall submit detailed landscaped plans of the eastern shoulders of Alternate A1A right- of-way, including medians, for that portion adjacent to the applicant’s property and post surety acceptable to the City and Palm Beach County for installation of said landscaping. These plans shall be consistent with the proposed expansion of Alternate AI A from four to six-lanes. Installation of landscaping shall occur concurrent with the widening of Alternate AIA (Planning and Zoning). 9) Prior to approval of construction plans or commencement of land alteration, whichever occurs first, the applicant shall provide a management plan for golf course construction to ensure Best Management Practices are incorporated to eliminate the potential for nutrient laden runoff into the wetlands. Techniques may include spreader-swale, inverted fairways, etc. The plan shall also include development pod, golf course and cart path topographic elevations (City Forester, City Environmental Consultant). 20 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5 , 2001 Petition PCD00-07 10) The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of the root zone and canopy drip line area. No detrimental changes in pH and topography/drainage may result in disturbance or destruction of the preserve areas. Applicant's landscape architect and/or environmental consultant during land alteration/construction activities shall monitor protection of the preserve and buffer areas (City Forester, City Environmental Consultant). 1 1 ) The proposed project shall be micro-sited to ensure the protection of listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact and ensure that an adequate buffer is maintained around all preserved areas (City Forester, City Environmental Consultant). 12) Prior to commencement of land alteration and/or construction, certification shall be required from the applicant's landscape architect andlor environmental consultant stating the highest quality preserve and buffer areas and all listed plant and animal species have been maintained on-site within a functional ecosystem (City Forester, City Environmental Consultant). 13) All preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Chapter 102-1 O(5)e and the approved Preservation/Relocation Plan are protected (City Forester, City Environmental Consultant). 14) Within nine (9) months of the effective date of this development order, the applicant shall submit detailed on-site road right-of-way and parkway/buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for Growth Management Department approval. The landscape plans for public roadways shall include conceptual median landscape details. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Master Plan (Planning and Zoning). 15) Detailed road right-of-way and buffer landscape plans for non-public roadways shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said road or phase thereof (Planning and Zoning). 16) Prior to commencement of land alteration/construction of any golf courses. a 21 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD00.07 conceptual landscape plan and grading plan for the entire golf area (fainvayslroughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping (Planning and Zoning, City Environmental Consultant). 17) Within nine (9) months of the effective date of this development order, the applicant shall submit detailed PCD buffer plans for Growth Management Department approval. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the PCD Buffer Plan (Planning and Zoning). 18) Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross-sections or as may be permitted in certain locations subject to Growth Management Department approval (Planning and Zoning). 19) The removal of exotic vegetation, and the relocation of native vegetation anywhere within the PCD may commence upon PCD approval. The City and the petitioner's environmentalllandscaping consultants shall monitor this work. No clearing of native vegetation shall occur until confirmed to be ready for such work by consultants through the City Forester and the Building Official. Sinnane 20) The Planning and Zoning Commission and City Council shall review all entry features to the project, including entry signage, water features, clocktowers, other architectural features, and landscaping, as well as a master signage program, as a separate petition (Planning and Zoning). Dedication and Improvements 21) The applicant and/or its successors or assigns shall be responsible for the dedication and conveyance of a two acre site to be used for a firelrescue and police substation as illustrated in the Master Plan. The applicant shall provide water, sewer, drainage and gas (if applicable) connections to the site concurrently with the construction of Hood Road. Such dedication and conveyance shall occur within 30-days following approval of golf course maintenance facility site pian (Planning and Zoning). 22 Ordinance 4,2001 Meeting Dab March 15,2001 Date Prepared: March 5,2001 Petition PCD-00-07 Traffic Concurrency and Circulation Prior to the first certificate of occupancy, the applicant shall install the meandering eight foot sidewalk along the portion of Alternate A1A that is adjacent to the site (City Engineer). All land areas within the project shall have completed the recordation of plats, and the installation of on-site and off-site infrastructure and common landscaping (or providing surety for the same) prior to December 31,2004. (City Engineer). Prior to March 30, 2002, the applicant shall construct Hood Road to a point of Substantial Completion as approved by the City Engineer and Fire Chief. Substantial Completion for Hood Road shall be defined as follows: the first lift of asphalt shall be installed; a complete and operable drainage system shall be installed; striping, if necessary, shall be installed; access of the entire alignment shall be provided for use by the City of Palm Beach Gardens Fire Department; and approval for use of the road by the Fire Department shall be granted by Palm Beach County. The installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion. After March 30, 2002, no additional building permits (residential, sales center, models, recreation facility, etc. with the exception of the proposed Fire Station) shall be issued unless the City accepts substantial completion for Hood Road as noted above (City Engineer). Prior to the issuance of the first residential building permit for each pod with the exception of the model center, the City shall accept the Substantial Completion of the Spine Road adjacent to and providing access to said pod as approved by the City Engineer. Substantial Completion for the Spine Road is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. The installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion (City Engineer). Prior to the issuance of the first residential building permit for each pod with the exception of the model center, the supporting public infrastructure of said pod shall be constructed and approved by the City. The roadway portion of each pod shall be constructed to a point of Substantial Completion. Substantial Completion for the roadway within the pod is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. Staff notes that the installation of landscaping, sidewalks or lighting fixtures are not required for Substantial Completion (City Engineer). Prior to the issuance of the first building permit for any structure, the applicant 23 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD-00-07 shall provide surety that is acceptable to the City for the construction of the public improvements for the Spine Road. The applicant shall provide an annual evaluation and adjustment of the surety for the Spine Road to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the first day of February of each year (City Engineer). 28) Golf Course membership shall be exclusive mainly to the residents and their guests. Non-resident memberships shall be permitted until development has reached 640 trips from build-out, at which time non-resident memberships shall no longer be valid (Traffic Concurrency Condition). 29) No more than 1,589 daily trips (any combination of single and multi-family units generating 1,589 daily trips) may be permitted until the widening of Alternate A1A from PGA Boulevard to Hood Road has commenced. This improvement is part of the County assured construction program (Traffic Concurrency Condition). 30) No more than 2,336 daily trips (any combination of single and multi-family units generating 2,336 daily trips) may be permitted until the construction of PGA Boulevard/Alternate AlA flyover has commenced. This improvement is part of the County assured construction program (Traffic Concurrency Condition). 31) No more than 2,920 daily trips (any combination of single and multi-family units generating 2,920 daily trips) may be permitted until the addition of eastbound and southbound through lanes has commenced at the intersection of Alternate A1A and Hood Road (Traffic Concurrency Condition). 32) No more than 3,451 daily trips (any combination of single and multi-family units generating 3,451 daily trips) may be permitted until the addition of exclusive right- turn lanes to the northbound, westbound and eastbound approaches at the intersection of Alternate A1 A and RCA Boulevard (Traffic Concurrency Condition). 33) No more than 3,662 daily trips (any combination of single and multi-family units generating 3,662 daily trips) may be permitted until the construction of dual-left turn lanes on the westbound and eastbound approaches at the intersection of Military Trail and Donald Ross Road (Traffic Concurrency Condition). 34) No more than 4,385 daily trips (any combination of single and multi-family units generating 4,385 daily trips) may be permitted until the conversion of one right- turn lane to a left-turn lane (to provide triple left turns) on the northbound approach at the intersection of PGA Boulevard and Victoria Gardens Avenue. It should be noted that in the event that the FDOT does not approve this change in lane configuration, a third left turn lane needs to be added to the northbound approach 24 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD-00-07 (Traffic Concurrency Condition). 35) No more than 4,957 daily trips (any combination of single and multi-family units generating 4,957 daily trips) may be permitted until the construction of an additional exclusive northbound left-tun lane at the intersection of Alternate A1 A and Donald Ross Road (Traffic Concurrency Condition). 36) For all required improvements that are not included in the County assured construction program, the Developer may enter into a Public Facilities Agreement (PFA) acceptable to the City within 6-months of the issuance of the Development Order, and before the first building permit is issued or provide the City with Surety (1 10%) to guarantee the construction of said improvements (City Engineernraffic Concurrency Condition). 37) The applicant shall signalize the intersection of Hood Road and Alternate A1A prior to the Certificate of Occupancy for the Fire Station or prior to August 31, 2002, whichever comes first. The signal shall be installed to be fully operational, including all appropriate lane geometry (as determined by Palm Beach County and the Florida Department of Transportation), pavement markings, signage, lighting, etc. as approved. The signal shall be linked to the fire station for use as a pre-emptive signal until the activation of the full signal is warranted (City Engineer). 38) The developer shall perform an annual Signal Warrant Study for the intersection of Alternate A1A and Hood Road until such time that a fully operational signal is warranted. The existing signal described in Condition No. 37 above shall be made active once the intersection warrants a signal and meets the approval requirements of Palm Beach County and the Florida Department of Transportation. The developer shall pay the cost of the traffic signal and the City shall reimburse the developer to the extent that the City collects funds pro-rata from other new developments having an impact on the intersection (City Engineer). 39) Hood Road shall be fully constructed including all related improvements (landscaping sidewalk and lighting), approved by the City, and accepted by Palm Beach County prior to August 31,2002 (City Engineer). 40) Prior to the issuance of the building permit for Hood Road, the applicant shall provide surety that is acceptable to the City and to Palm Beach County for the construction of the public improvements for Hood Road. The "joint" surety shall be in a form that will be accessible to the City and/or Palm Beach County to install said public improvements (City Engineer). 25 ............... - .............. ...... Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD-00-07 41) No more than 1,788 daily trips (any combination of single and multi-family units generating more than 1,788 daily trips) shall be permitted until the widening of Prosperity Farms Road to four lanes from PGA Boulevard to Lone Pine Road has commenced. This condition does not apply if the road received a CRALLS designation (City Engineer). 42) Prior to the issuance of the final certificate of occupancy for this project, the spine road and all of the internal roadways shall be fully constructed and approved by the City of Palm Beach Gardens (City Engineer). 43) Prior to the first Certificate of Occupancy for a Pod, the applicant shall install the landscaping for the Spine Road adjacent to and west of said pod to the satisfaction of the City Forester (City Engineer). 44) Prior to the issuance of the building permit for the Recreation Center, the applicant shall plat the entire Spine Road and provide surety for the construction of the same (City Engineer). 45) Prior to the issuance of the Certificate of Occupancy for any building within the Recreation Center parcel, the applicant shall construct the Spine Road to a point of Completion, less the final lift of asphalt. Staff notes that the installation of landscaping, sidewalks, and lighting will be required along the south side of the spine road to accommodate safe pedestrian access to the Recreation Center. Temporary crosswalks shall be provided across the spine road from each pod entry to said southerly sidewalk (City Engineer). 46) The applicant shall perform an annual Signal Warrant Study for the intersection of Prosperity Farms Road and Flamingo Road until such time that a fully operational signal is warranted or until the final Certificate of Occupancy of the project is issued, whichever comes first. If the signal becomes warranted within the above timeframe, the applicant shall contribute its pro-rata share of the installation cost of said signal (Planning and Zoning/City Engineer). 47) The applicant shall dedicate the Hood Road right-of-way by August 31,2002 (City Engineer). Surface Water Management 48) No construction of any portion of the surface water management system shall be undertaken without first submitting construction plans, specifications, and 26 I Ordinance 4,2001 Meetin0 Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD-0047 supporting computations for review and approval by the City. No construction of any portion of the surface water management system shall be undertaken without first submitting to the City plans, specifications and supporting computations for review and approval by the City (City Engineer). 49) Any proposed changes to any South Florida Water Management District permit shall be concurrently submitted to the City for review and City approval (City Engineer). 50) A sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline (City Engineer). 51 ) Prior to the issuance of the first building permit, the applicant shall convey to the City in fee-simple ownership 40-feet of canal right-of-way lying north of the southerly property line of the subject parcel (City Engineer). 52) Prior to the issuance of the first building permit, the applicant shall submit a design that is acceptable to the City Engineer for a means of conveying or for the flow of water in the Cabana Colony Canal and the proposed second outfall from NPBClD’s Unit 2 under or through the proposed second outfall from NPBClD’s Unit 2 under or through the proposed vehicular access to the Golf Course Maintenance Facility, including any increased flow from the proposed second outfall from NPBClD’s Unit 2 (City Engineer). 53) Prior to the issuance of the first building permit, the applicant shall provide to the City a recorded copy of a drainage easement and a drainage agreement between the developer and Palm Beach County for any proposed stormwater discharge into and through Frenchman’s Forest (City Engineer). 54) The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination. 55) The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to Frenchman’s Creek, 27 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5.2001 Petition PCD-00-07 Frenchman’s Landing, Frenchman’s Forest and Cabana Colony. If, at any time during the project development, it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant’s responsibility to cure said impacts in a period of time and a manner acceptable to the City. 56) Prior to the issuance of any permits for construction of residential homes and golf club facilities, a contract shall be let and a notice to proceed shall be issued by the applicant for the construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City’s codes and ordinances are achieved so that in the event the project is temporarily or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the surface water management system has been completed, certified by the engineer of record, and determined acceptable by the City Engineer and SFWMD. 57) The applicant shall work with Frenchman’s Creek’s Property Owners Association to resolve the issues discussed in the letter dated March 14, 2001, from Frenchman’s Creek to the City’s Growth Management Department. The resolution of the issues shall include a plan of improvements, schedule of completion and a monitoring schedule after completion. The plan and schedules shall be submitted for review, and approved by the City Engineer prior to the issuance of the first building permit, excluding the sales trailer. School Board 58) The applicant, successor or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District (Planning and Zoning). Utilities 59) All utilities shall be placed underground and within road rights-of-way or recorded easements, unless specifically approved by the Growth Management Department (Planning and Zoning). 60) Upon approval of the development order, the applicant shall secure a “Seacoast Utility Authority Capacity Allocation Commitment for Public Water and/or Sewer 28 . Ordlnance 4,2001 Meeting Date: March 15,2001 Date Prepared March 5,2001 Petition PCD-00-07 Service”, which shall be verified by the delivery of a fully executed copy of the document to the Planning and Zoning Division within 30 days if granting the development order (Planning and Zoning). 61) Prior to the issuance of the building permit for each Pod, along with corresponding access and common spaces, the applicant shall provide approval letters from the appropriate utilities to relocate existing easements (Planning and Zoning). Public Safety 62) Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City’s Crime Prevention Division shall be utilized during the site planning of the development parcels (Police Department, Planning and Zoning). 63) The applicant and/or its successor and assigns shall provide a stabilized road base, subject to City standards, for firelemergency access to each development parcel prior to the start of construction within said parcel (City Engineer, Fire Department). Disclosure 64) Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County (City Attorney). 65) An annual report shall be submitted to the Growth Management Department by February 14* of each year, until the project has reached buildout, that describes the projects current status and compares its progress with the provisions of the development order (Planning and Zoning). SECTION 3. Waivers are hereby granted with this approval, as indicated in exhibit “B” attached hereto. SECTION 4. Construction of the Planned Community Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 29 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCDOOO7 Official Exhibits: 1. 2. 3. 4. 5. 6. 7. 8. 8. 9. 10. 11. 12. 13. 14. 15. 16. March 2,2001 Master Site Plan, Land Design South, 1 Sheet December 14,2001 PCD Buffer Plan, Krent Wieland, LA-PCD-1 November 7, 2001 PCD Buffer Plan, Krent Wieland, LA-PCD-2 through LA-PCD-9 January 29,2001 Hood Road Landscape Plan, Krent Wieland, LAHR- 1 through LA-HR-7 January 29,2001 Flamingo Road Landscape Plans, Krent Wieland, LAFR-1 through LAFR-5. August 16,2000 Hood Rd. and Alternate A1A Conceptual Landscape Plans, Krent Wieland, LA-E1 through LA-E4. September 27,2000 Detail Sheet, Krent Wieland, LAHR-8 December 15, 2000 Spine Road Landscape Detail, Krent Wieland, January 18, 2001 Master Drainage Plan, The Wantman Group, 2 Sheets January 18, 2001 Paving, Grading and Drainage Plan, Wantmann Group, 14 Sheets January 18, 2001 Pavement, Marking and Signing Plan, Wantmann Group. December 15,2000 Hood Road/Flamingo Road Roadway Sections, Palm Beach County Engineering, 22 Sheets December 14, 2000 Wetland Mitigation, Typical Cross Sections, CRZ Environmental, 1 Sheet September 12,2000 Mitigation Site Plan, CRZ Environmental, 1 Sheet October 2, 2000 Lighting Plan, Lighting Dynamics, Inc., Sheets L- through L5. November 8, 2000 Boundary Survey, Petzgold and Associates, 2 Sheets July 15, 1999 Topographic Survey, Landmark Surveying & Mapping Inc., 4 Sheets LA-G LT Supporting Documents: 17. 18. 19. 20. June 9, 1999 Traffic Impact Analysis, Yvonne Ziel Associates September 19, 1999 Application for Alteration of Environmentally Significant Lands, Land Design South August 2000, Uplands Preserve Management Plan, Gaia Consortium, Inc. February 2, 2001 Memorandum of Understanding, Frenchman's Creek Homeowners Association, 1 Sheet 30 Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD-0047 SECTION 5. This approval expressly incorporates all representations made by the developer of its agents at any public meeting or hearing. 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 /S%AY OF 6% 2001. PLACED ON SECOND READING THIS &?DAY OFfl~n 2001. lof PASSED AND ADOPTED THIS /s' DAY OF WAC 2001. COUNC'fLMAN CARL SABATELLO ATTEST BY: 31 . I CITY CLERW APPROVED AS TO LEGAL FORM AND SUFFlClEfirCY BY: c ITY A~TORN EY VOTE: AYE MAYOR RUSSO J VICE MAYOR JABLIN / COUNCILMAN CLARK J COUNCILPERSON FURTA00 / COUNCILMAN SABATELLO 7 NAY Ordinance 4,2001 Meeting Date: March 15,2001 Date Prepared: March 5,2001 Petition PCD0007 ABSENT \\FILE-SRV\COMPROG\S hort Range\pcd9907orl .doc 32 ordinance 4,2001 Meeting Dab: March 15.2001 Date Prepared: March 5.2W Potition PCD4007 EXHIBIT “A” 33 . 'I I I1 I I I LEOAL DESCf? I PT I ON: A PARCEL OF LAND LYING IN SECTIONS 31 AND 32. TaWNSHIP 41 SOUTH. RANCE 43 EAST, PALU OEACH COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOHIS: THAT PORTION OF SECTION 31. TWNSHIP 41 SOUTH, RAW€ 43 EAST. PALM BEACH COUNTY, FLORIDA. LYING NORTH OF THE NORTH RIGHT OF WAY LINE OF TIE CANAL SwouF( AND INCLUDED IN PALM BEACH CABANA COLONY PLAT NO. 1, AS RECORDED IN PLAT BOOK 26. PACES 203 THROUGH 205 OF THE PUeLic RECORDS of PALM BEACH COUNTY, FLORIDA: ALSO LYING NORTH OF THE NORTH LINE OF PALM BEACH CABANA COLONY CWRCIAL AREA ACCORDING TO THE PLAT THEREOF. AS RECOROED IN PLAT BOOK 27. PAGE 59 OF SA10 PUBLIC RECORDS: AND LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF STATE RWD 811 (ALSO KNCW AS ALTERNATE A-1-A) DESCRIBED IN THE DEED RECORDED IN OFFICIAL RECORDS BOOK 5694. PAGES 1690 AN0 1691 OF THE PUBLIC RECORDS OF PALM BEACH COUNlY. FLORIDA; AND LYING SOUTH OF THE SOUTH LINE OF THAT CERTAIN PARCEL OF LAND IDENTIFIED AS 'PARCEL TWO' IN THE WARRANTY DEED RECORDED IN OFFICIAL RECORDS BOOK 30s. PACES 121 THROUGH 124. PALM BEACH COUNTY RECORDS) WlCH RUNS FROM THE NORTHEAST CORNER OF SAID SECTION 31 TO A POINT ON THE EASTERLY RIGHT OC WAY L INE OF STATE ROAD ALTERNATE A-I-A AS WAS LAID OUT-AND IN us^ m NOVEMBER 24. 1976. SAID POINT BEING 153.37 FEET SOUTH OF, AS MEASURED AT RIGHT ANGLES TO, THE NORTH LINE OF SAID SECTION 31. LESS THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECOROS BOOK 5814. PAGE 1345. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. TOGETHER WITH THE NORTHWEST OUARTER (NW 1/4) OF SECTION 32. TMHIP 41 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY, FLORIDA. LESS THE NORTH \,320 FEET THEREOF AND LESS THE RIGHT-OF-WAY FOR PROSPERITY FARMS ROAD. TOGETHER WITH THAT PART OF THE SOUTH HALF (S 1/2) OF SAID SECTION 32 LYING WEST OF THE RIGHT-OF-WAY OF PROSPERITY FARMS RQAD AND LYlN6 NORTH OF THE NORTH RIGHT OF WAY LINE OF THE 80 FOOT WIDE CANAL RIGHT OF WAY RUNNING EAST ANO WST ACROSS SA10 SOUTH HALF (S 1/2) OF SECTION 32 AS SHOMJ ON THE PLAT OF PLAT NO. l8 PALM BEACH CABANA COLONY, RECOROED IN PLAT BC[IK 26, PAGES 203 THROUGH 205 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA: LESS AND EXCEPTING THEREFROU THE EAST 640 FEET OF THE NORTH 625 FEET OF THE SOUTHWEST QUARTER (SW 1/4) OF SAID SECTION 32. LESS AND EXCEPTING THAT PORTION OF A STRIP OF LAND 25.00 FEET IN WIDTH PARALLEL WITH AND ADJACENT TO THE MST RIGHT-OF-W Y LINE OF PROSPERITY FARMS RMO LYING IN THE NORTHST OUARTER (W 1/4) OF SECTION 32, TOWNSHIP 41 SOUTH, RANGE 43 EAST; ALSO LESS AND EXCEPTING THEREFROM THAT CERTAIN TRACT OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 9039. PAGE 271, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 18,774,100 SOUARE FEET OR 430.994 ACRES, UORE OR LESS. TOGETHER WITH: A PARCEL OF LAND SITUATE IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY. FLORIDA. AND BEING UOAE PARTICULARLY DESCRIBED AS FOLLWS: TRACT '0' TOGETHER WITH LOT I, BLOCK 28, THE NORTH 115 FEET OF TRACT .C., ?ND THE SOhH 45 FEET OF THE NORTH 160 FEET OF THE EAST 215 FEET OF TRACT C' ALL IN PLAT NO. 2 PALM BEACH CABANA COLONY, ACCORDING TO THE PLAT PALU BEACH COUNTY. FLORIDA. RECORDED IN PLAT BOK 26, PAGE 231). CONTAININC 139.344 SOUARE FEET OR 3.198 ACRES MORE OR LESS. CONTAINING IN ALL 18.915.444 SOUARE FEET OR 434.193 ACRES MORE OR LESS. THE~EOF ON FILE IN THE OFFICE OF THE CLERK OF THE CIRCUIT COIJRT IN AND FOR ABBREVIATIONS: I SURVEY I 1. THI' FOR DES 2. THI SUB A. 8. I c. 8 I I D. I I I E. c A F F. ( I ( G. I 1 1 H. F F I. 1 F C C C r( C 2 L J. 3. BUR RANG 4. suas' 5. THE: LEGA NOR ACEN AFFEi 6. NO E: 7. THIS UNlE Ir 1 . .,.._ u? R B 8 f m' 1: . .. . _I .: . - ..' i I. .\ .. , . . I.. .\ ! " I. ; I. APPROVED WAIVERS PER POD FOR FRENCHMAN'S RESERVE I POD A I RESOLUTION 89,2001 2. Section 75, Rear Setback, to allow for a zero-foot rear setback for parcels adjacent to golf course or lake. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. 3. Section 75, Side Setback, to allow for a screen enclosure setback of seven (7) feet for non-zero side. The Land Development Regulations require a minimum 7.5-foot setback for screen enclosures. A minimum seven- foot clear zone must be maintained between screen enclosures. 4. Section 256, to allow for two four-foot sidewalks on either side of the street. The Land Development Regulations require one five-foot sidewalk on one side of the street for cul-de-sacs with 80 lots or less. 5. Section 217, to allow for the issuance of a building permit for four dry models only prior to the recordation of a plat. The Land Development Regulations require that plats be recorded prior to the issuance of the building permit. RESOLUTIONS 131,2002 AND 26,2004 1. Section 78-141, Rear Setback, to allow for a screen enclosure, pool, and accessory unit setback of 3 feet for parcels adjacent to a wetland presenre area. The Land Development Regulations require a minimum rear setback of 10 feet for structures. 2. Section 78-141, Rear Setback, to allow for a screen enclosure, pool, and accessory building setback of 0 feet for parcels adjacent to the golf course or lake, The Land Development regulations require a minimum rear setback of 10 feet for structures. 3. Section 78-141, Side Setback, to allow for a screen enclosure, pool and accessory building setback of 3 feet. The Land Development Regulations require a minimum setback of 7.5 feet for screen enclosures. 4. Section 256, to allow for two four-foot sidewalks on either side of the street. The Land Development Regulations require one five-foot sidewalk on one side of the street for cul-de-sacs with 80 lots or less. I POD C I (REQUESTED WAIVERS) 1. Section 78-141, Rear & Side Setback, to allow for a 3.5' side setback for screen enclosures and 3' setback !from rear propery line when adjacent to preserve area and 0' when not adjacent to preserve area; the Code I requires a 7.5'side setback for screen enclosures, a 7' rear setback when adjacent to preserve and a 10' rear 2. Section 78-506, Sidewalks, to allow for a sidewalk with a width of 4 feet; the Code requires 5-fOOt wide 3. Section 78-501, Cul-de-sac, to allow for a maximum length of 1,617 feet, the Code requires a maximum of 3. Section 75, Side Setback, to allow for a screen enclosure setback of 3.5 feet. The Land Development Regulations require a minimum setback of 10% of lot width for screen enclosures. A minimum seven-foot clear zone must be maintained between screen enclosures. 4. Section 256, to allow for two four-foot sidewalks on either side of the street. The Land Development Regulations require one five-foot sidewalk on one side of thedreet for cul-de-sacs with 80 lots or less. 5. Section 217, to allow for the issuance of a building permit for four dry models only prior to the recordation of a plat. The Land Development Regulations require that plats be recorded prior to the issuance of the building permit. - require five-foot sidewalks on one side of the street. 6. Section 217, to allow for the issuance of a building permit for dry models only prior to the recordation of a plat. The Land Development Regulations require that plats be recorded prior to the issuance of the building permit. POD E RESOLUTION 182,2003 AND 27,2004 (APPROVED WAIVERS) 1. Section 78-506, Sidewalks, to allow for a sidewalk with a width of 4 feet; the Code requires 5-fOOt wide 2. Section 78-141, Side Accessory Structures, to allow for a side setback of 0 feet for pools and spas, and 3 feet for screen enclosures on the non-zero side; the Code requires 7.5 feet or 10% of the lot width. 3. Section 78-141, Rear Accessory Structure Setback, to allow for a 0 feet setback for lots not abutting a Dreserve. 3 feet for lots abuttina a Dreserve. and 5 feet for lots 8.9.29.30. POD F RESOLUTION 120,2001 (APPROVED WAIVERS) 1. Section 75, Rear Setback, to allow for three-foot rear setback for parcels adjacent to an upland preserve area. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. 2. Section 75, Rear Setback, to allow for screen endosure setback of 0 feet for parcels adjacent to golf course or lake. The Land Development Regulations require a minimum rear setback of ten (10) feet for structures. 3. Section 75, Side Setback, to allow for a screen enclosure setback of 3.5 feet. The Land Development Regulations require a minimum setback of 10% of lot width for screen enclosures. A minimum seven-foot clear zone must be maintained between screen enclosures. 4. Section 256, to allow for two four-foot sidewalks on either side of the street. The Land Development IRegulations require one five-foot sidewalk on one side of the street for cul-de-sacs with 80-foot wide lots or less. I POD G RESOLUTION 80,2001 AND 32,2004 (APPROVED WAIVERS) 1. Section 75, Maximum Lot Coverage, to allow for 55% lot coverage. The Land Development Regulations require a maximum of 35% lot coverage. 2. Section 75, Front Setback, to allow for 22-foot front setback. The Land Development Regulations require a minimum 25-foot front setback. 3. Section 75, Rear Setback, to allow for a three-foot rear setback for parcels adjacent to a preserve area, and to allow for a zero-foot rear setback for parcels not adjacent to a preserve area. 4. Section 75, Side Setback, to allow for screen enclosure setback of 3.5 feet for 8O-foot non-zero lot line homes. 1The Land Development Regulations require a minimum eight-foot setback for screen enclosures. A minimum I seven-foot clear zone must be maintained between screen enclosures. 5. Section 265, to allow for four-foot sidewalks on either side of the street. The Land Development Regulations POD H Resolution 84.2003 1. Section 78-506, Sidewalks, to allow for 4-fOOt sidewalks on both sides of the street. 2. Section 78-141, Residential Zoning District Regulations, to allow for a front setback of 22 feet for buildings ~ - B,C,D,E,G,H,I, and J. 3. Section 78-141, Residential Zoning District Regulations, to allow for a side-street setback of 17 feet for building H. 4. Section 78498f, Road Surfacing and Improvements, to allow for a minimum %-foot diameter cul-de-sac 5. Section 78498f, Road Surfacing and Improvements, to allow for a 32-foot right-of-way width for local 6. Section 78-502(a)( 1 ), Privately-owned dead-end streets within planned develophents, to allow for a 30-foot \right-of-way for truncated streets. I I CLUBHOUSE AND MAINTENANCE FAClLlN I Resolution 79,2001 AND 176,2001 1. Section 161, Foundation landscaping and plantings. The applicant is proposing no foundation landscaping around the base of the structure. The LDRs requirethat all one-story buildings have a five-foot wide landscaped foundation planting area. 2. Section 179, Construction and maintenance. The applicant is proposing 9.5-feet wide parking stalls. The LDRs require parking stalls be a minimum of ten-feet wide. 3. Section 75, Minimum side setback. The applicant is proposing a side setback of 12 feet fcr Maintenance Building B. The LDRs require a minimum side setback of 10% of lot width or 19.5 feet. 4. Section 95, Illumination of uses and buildings. The applicant is proposing foot-candles below the minimum standards required by code. The LDRs require a minimum of .6 foot candles in pedestrian areas and 1 foot candle in vehicular use areas. SETBACK CHART FOR PODS A-H Pod A: Zero Lot Line Setbacks Building Screen Enclosure Fence Front Side I Rear Side Interior Rear Side Interior Rear Side Interior Rear ]Zero Lot Line 22' 10'10' I 10' 3' 0'13' 0' 0' 2' 2' 65' x 140' Total D.U. 43 43 Pod 6: Zero Lot Line Setbacks Building Screen Enclosure Fence Front Side I Rear Side Interior Rear Side Interior Rear Side Interior I Rear (Zero Lot Line 22' 10'/0' I 10' 3' 0'/3' 0' 0' 2' I 2' 65' x 140' Total D.U. 45 45 Pod C: Zero Lot Line Setbacks Building Screen Enclosure Fence Front Side I Rear Side Interior I Rear Side Interior I Rear1 Side Interior I Rear lzero Lot Line 22' 10'/0' I 10' 3.5' 1 0'13' 0' I 0' I 2' I 2' 65' x 140' Total D.U. 48 48 Pod D: Single Family Setbacks Building Screen Enclosure Fence Front I Side I Rear Side Interior I Rear Side Interior I Rear( Side Interior I Rear \Single Family 22' I 7.5' I 15' 3.5' I 0'13' 0' I 0' I 2' I 2' 80' x 140' Total D.U. 77 77 4' =OF- Pod E: Zero Lot Line/ Single Family Minimum Setbacks Building Screen Enclosure Fence Front Side Rear Side Interior Rear Side Interior Rear Side Interior Rear Single Family 22' 10'10' 10' 3' 0'13'- 0' 0' 2' 2' Zero Lot Line 22' 10'10' 10' 3' 0'13' 0' 0' 2' 2' 65' x 140' 80' x 140' Total D.U. 59 3 62 Pod F: Single Family Minimum Setbacks Building Screen Enclosure Fence Front I Side I Rear Side Interior Rear Side Interior Rear1 Side Interior I Rear ]Single Family 22' I 7.5' I 15' 3.5' 0'/3' 0' 0' I 2' I 2' 80' x 140' 100'x 140' 100'x 150' Total D.U. 28 28 24 80 Pod G: Single Family Minimum Setbacks Building Screen Enclosure Fence Front I Side I Rear Side Interior Rear Side Interior I Rear1 Side Interior I Rear ISingle Family 22' I 7.5' I 15' 3' 0'13' 0' I 0' I 2' I 2' 65'x 140' 80' x 140' Total D.U. 29 7 36 Pod H: Townhome Setbacks Building Screen Enclosure Fence Front I Side I Rear Side Interior I Rear Side Interior I Rear] Side Interior I Rear ISingle Family 22' I 7.5' I 15' 3' I 0'13' 0' I 0' I 2' I 2' Town Coach Total D.U. 56 56 PROJECT NARRATIVE FRENCHMAN’S RESERVE PCD FINAL SITE PLAN APPROVAL FOR POD C SUBMITTED OCTOBER 2 1,2004 REVISED DECEMBER 13,2004 REQUEST/LOC ATION This request is for Site Plan and Appearance approval for Pod C within the Frenchman’s Reserve PCD. The Frenchman’s Reserve PCD is located on the east side of Alternate AlA, approximately one (1) mile south of Donald Ross Road. The PCD is comprised of 434.19 acres and has previously been approved for 530 dwelling units. Pod C is comprised of approximately 12.68-acres and is centrally located within the PCD. The subject property is bound by golf course hole 10 to the east and 8 to the west. To the north of the pod is Hood Road and to the south is the internal spine road and Recreation Pod. The subject property is comprised of a total of 48 single-family zero lot-line dwelling units. This pod will consist of typical 65’ x 140’ lots. The proposed density is consistent with the low-density designation for Pod C on the Master Plan. The proposed population for this pod will be approximately 133 persons. Toll Brothers will be the developer of the homes located within Pod C. Home construction practices and architectural styles will be consistent with the high quality of homes built in comparable Golf Course communities in Palm Beach Gardens. HISTORY On November 8, 2000 a revised Master Plan application was submitted to the City of Palm Beach Gardens. This application went before the Planning and Zoning Board Workshop on December 12, 2000. The Project received approval from the Planning and Zoning Board on January 9, 2001. Next the project went before the City Council Workshop and First Reading on February 15, 2001. The second reading was held on March 15, 2001. The PCD application received final City Council approval on March 15, 2001. Since final approval by the City Council in March of 2001, almost all pods within the Frenchman’s Reserve PCD have obtained Final Site Plan approval. In addition, the Master Plan has undergone several minor revisions to address discrepancies between the Master Plan and subsequent engineering drawings. The latest Master Plan revision occurred in April of 2002 in order to add a well site location for consistency with the plat. COMPLIANCE/LAND USE Development of this parcel is in conformance with the previously approved Master P Frenchman’s Reserve Pod C Page 1 of6 ‘aecember 13,2004 ‘, PHASING Development of Pod C will be constructed in one phase. The majority of infrastructure which includes roads, utilities, and drainage will be installed prior to the construction of each individual residence. ACCESS Roadway access to Pod C will be via the nuin collector road, which runs from the west to the east. This collector road (80-foot right-of-way) connects to Hood Road (60-foot ROW), which connects to Dixie Highway (125-foot ROW). Residents will access the individual lots via a fifty (50) foot ROW. The following table identifies the different zoning districts and land use designations surrounding Pod D. I EXISTING ZONING AND LAND USE DESIGNATION Proposed Use Zoning District Future Land Use Designation Subject Property: PCD Pod C: (Master Plan RL 48 Single Family Homes To the North ofi Golfcourse Hole # 12 To the South ofi Hood Road Designation Low Density) PCD RL PCD RL PCD RL PCD RL To the East ofi Golf Course Hole #I 0 To the West ofi Golfcourse Hole # 8 The following table compares the proposed site plan with the City’s Land Development Regulations: SITE ANALYSIS FRENCHMAN’S RESERVE POD C Required Proposed 3.79 ddac Density (Allowed on Master Plan) Low - max of 6.7 ddac Maximum Building Lot Coverage 35% 55% (required by LDRs) Maximum Height Limit (Limits allowed 36 Feet 36 Feet in PCD) SETBACKS Front Straight zoning varies from 25’ (Subdivision code allows Planned Developments to reduce to 10’ for side loaded garage & 20’ for front loaded garage) Front Loaded Garages: 22’ Side Loaded Garages: 10’ Side Street 20’ NIA, There are no side street Side Interior setbacks for this pod. 7.5’ 10% of lot width, or 7.5’, whichever is greater. Rear Building 10’ Minimum 10’ Consistent Yes Yes, Council App. per PCD Yes Yes, Council App. per PCD Yes Yes, Council App. per PCD Yes Frenchman’s Reserve Pod C Page 2 of 6 December 13,2004 Rear ’ side for Pool Rear & Side Setback for Screen Enclosure ~~~ ~~ Code varies from 25’ to IO’ for rear and 10% of lot width or 7.5’, whichever is greater Code varies from 25’ to IO’ for rear and 10% of lot width or Rear -0’13’ Yes Side - 3.5’ Yes No * 7.5’, whichever is greater Side - 3.5’ No * Rear -O’, except on lots adjacent to preserve, where setback is 3’ WAIVERS Deviations from the standards identified in the Palm Beach Gardens Land Development Regulations are allowed as part of the previously approved Planned Community Development (PCD) Zoning District. The code allows for minor deviations from the required regulations in order to promote the development of a more unique community. The proposed community is considered superior in design and function over a typical residential community in the RL-3 zoning districts. The proposed community has an 18- hole golf course and over 49 acres of preserve area. Many of the homes in the proposed community abut either a golf course, preserve area or Lake Area. The regulations for residential developments in the RL-3 Zoning District are meant for communities without the large amounts of open space. Therefore, the City allows for minor deviations from the required development regulations. SIDEWALKS Number & Size CUL-DE-SAC LENGTH Maximum Length The following is a brief explanation of the requested waivers: Required Proposed Consistent 5’ on both sides of a cul-de-sac street 4’ on both sides of the street No * 1,509’ MAX. 1,664’ MAX. No * Rear & Side Setback for Screen Enclosure. The applicant would like to request a waiver from LDR Section 78-141, Residential Low Density District, Table 10, Property Development Regulations - Residential Zoning Districts, which requires a side setback of 7.5 feet or 10% of the lot width, which ever is greater and a rear setback which requires a 10 foot setback. The required setback for screen enclosures is the same as for the primary structure on the lot. The applicant is proposing that screen enclosures be allowed to be constructed 3.5 feet from the property line (5’ and 7’ Waiver). This will allow for sufficient landscaping and access to the rear of the property. The applicant is requesting a waiver to the 10 foot required rear setback for structures. The applicant is proposing that screen enclosures be allowed to be constructed 3 feet from the rear property line when adjacent to preserve area (7’ waiver) and 0’ from the rear property line when not adjacent to preserve areas (10’ waiver). With only a few exceptions, all lots have rear frontage on some form of open space rather than another lot, which eliminates the impact that a reduced rear setback may have in a more standard subdivision. The 3 feet will not be landscaped. It will only contain sod as to minimize the need for upkeep on the rear portion of the lots. The 3-foot area when adjacent to the preserve area allows residents to access the rear of the property for maintenance of the screen enclosure/pool area. There are twenty-nine (29) lots that will be affected by the preserve area. These lots include lots 1-1 1 and 32-49. When adjacent to the golf course or lake maintenance easement, residents will be able to access the rear of their properties via the golf course open space or lake maintenance easement. This waiver has previously been requested, supported by staff and eventually approved by the City Council for the majority of pods within Frenchman’s Reserve. . Frenchman’s Reserve Pod C Page 3 of 6 December 13,2004 The applicant is proposing to allow pools and spas to be located 2’ from fences and screen enclosures, This is consistent with the Land Development Regulations. Sidewalks. The applicant is requesting a waiver from IBR Section 78-506, which requires a minimum five-foot concrete sidewalk on both sides of the street in a subdivision with the exception of a cul-de-sac. The applicant is proposing four (4) foot sidewalks on both sides of the street for Pod C. These sidewalks will allow all residents to easily access the pedestrian circulation system in place for the entire PCD. The applicant feels the additional one-foot of sidewalk required by the LDR’s is not warranted when sidewalks are provided on both sides of the street. The KOW for the streets in this pod is only 50’ and will primarily serve residents of the Pod. Pedestrians will be able to safely cross the street if one of the sidewalks becomes congested with pedestrians or bicycle traffic. This waiver has previously been requested, supported by staff and eventually approved by City Council for the majority of pods within Frenchman’s Reserve. Cul-De-Sac Length. The applicant is requesting a waiver from LDR Section 78-501 in order to permit a cul-de-sac length with a maximum length of 1,664’. Pursuant to conversations with LBFH, maximum cul-de-sac length has typically been measured from the intersecting right-of-way line to the upper right- of-way limit of the cul-de-sac. The exact means of measurement does not appear to be defined within the LDR. The applicant feels that a more accurate measurement of cul-de-sac length would extend from the intersecting right-of-way line to the point at which a vehicle would begin to turn around within the paved portion of the cul-de-sac. If this means of measurement was adopted, a waiver from LDR Section 78-501 would not be required. However, in accordance with current practice, the applicant is requesting a waiver from this section in order to address staff review comments. ARCHITECTURAL STYLE AND SPECIAL FEATURES Pod C will be developed as single-family zero lot line homes. Included in this application are full architectural sets for all proposed models that demonstrate the style and character of the proposed homes. Design Guidelines for Pod C The follow design guidelines are being submitted to provide for consistency in the design and character of the homes within Pod C. Unifying architectural treatments shall include: Concrete Block Construction with textured or sand stucco finish Double roll concrete tile roofs o o o Minimum 2-car garages o Multi-pane front elevation windows o o o o Roof styles shall be gable, hip, or Boston hip. Garage doors paneled or with applied moldings. Band treatments at windows and doors on the side elevations of all homes Smooth stucco band or precast stucco trim Building heights will not exceed 36-feet. Decorative pavement shall be used on driveways and entry walks. Minimum quantities of plant material required for each lot are: o o 5 small treedaccent plants o 12 canopy trees or large palms (“required” trees planted at 12’ 0.a. height and “required” palms species will provide a spread of 15-feet at maturity.) 350 shrubs and groundcover plants. *Note: The numbers of plants listed are minimum numbers only. Shrubs are planted at 3 gallon minimal; ground covers are planted at one-gallon minimum. Frenchman’s Reserve Pod C Page 4 of 6 December 13,2004 No two homes located side by side shall have the sane combination of exterior wall and trim color. All homes will have architectural features to accent building elevations on all sides visible from the street. Architectural features shall also return a minimum of 2 feet along side elevations. No two homes located side by side shall have the same front elevation. Building lot coverage shall be limited to a maximum of 55%. Color selections for Pod B shall be as follows: 0 0 o o o o Roof Tiles - (Entegra) - Poinciana Blend, Addison Blend, Flagler Blend, Mizner Blend Pavers/Drives/Walkways - (Paver Module) E-1 0, E-17, P-235, P-448. Exterior Wall Colors - (Color Wheel), Tavern Taupe (8673M), Northern Plains (8242W), Plantation Beige (82 13M), Crisp Khaki (8233M) Exterior Trim Color - (Color Wheel), Tequila (8672W), Botany Beige (8221W), Sandy Lane (82 1 1 W), Sawyers Fence (823 1 W) Lighting Streetlights will be field located to avoid conflicts with street trees and utilities. Streetlight locations have been identified on the attached Photometric Plan and located on the Site, Landscape, and Conceptual Site Engineering Plans. Landscape Plans This application includes a street-tree planting plan. responsible for the maintenance of all common area landscaping. The Property Owners Associations will be Parking Required parking is calculated at two spaces per dwelling units plus one space for each bedroom in excess of two per dwelling. Each unit type will provide a minimum of a three-car garage with two spaces in the driveway apron. Signage The location of the entrance sign is called out on both the currently approved Master Plan and Pod C Final Site Plan. The entrance signage for Pod C has been completed and built. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, out falling into adjacent lakes which are part of the surface water management system for the project. (See attached drainage statement from Kimley-Horn and Associates). Removal of Existing Facilities The Pod C Final Site Plan provides the location of existing construction trailers, access drives, landscape material storage areas and construction material storage areas that will remain throughout the completion of the Frenchman’s Reserve development. The current build out date for the PCD is December 3 I, 2004. A three (3) year time extension request has been submitted to the City in order to extend the build-out date to December 3 1, 2007. The temporary construction-related facilities described above will be removed by the expiration of the December 3 1,2007 build-out date. The developer currently plans to begin construction on Pod C once engineering drawings and plats have been completed and approved by the City. Major infrastructure, which includes roads and utilities, will be installed prior to the commencement of home construction. Homes will initially be constructed on the southernmost lots (lots 1 and 48) and will proceed north towards Hood Road. Temporary construction Frenchman’s Reserve Pod C Page 5 of 6 December 13,2004 facilities will therefore be removed prior to conirnenccment of construction on each lot. The estimated time ofcompletion for all construction within Pod C is difficult to establish due to ongoing approval processes and yet unforeseen market conditions. \ServerF\S I2.3\S 12.3C)\SubmittalDoc~\Frenchman’sKes_Jus~~P~~(‘ 12- 13-04 File #: S 12.30 Frenchman’s Reserve Pod C Page 6 of 6 December 13,2004 I -- .-- < -a*- z 4 Y) 2 QI v? E c? FRENCHMAN’S RESERVE LAND DESIGN SOUTH PREPARED FOR TOLL BROTHERS, INC. 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FLORIDA \ '. --__ I '1 I I 1 i i I i I j I i i I I i I i I I i I i I i I i I i I i i I 1 i I i i i I i I I I I I AS NOTED Kimley-Horn SCALE DESIGN ENGINEER FRENCHMAN'S RESERVE and Associates, Inc. . DE9WE0 BI Peter J Van Rcns @ 2001 KIMLEI-HORN AN0 ASSMIATES INC 601 21ST STREET SUITE 4000 KRO BEACH FL 52960 sDS-~~~~~ REasmnOn NUMBER -&:q3 55553 DRAWN BY CHECKED BY SDS :TI; $5 75 POD C UTILITY PLAN PnmE (772) m-?91i FAX (772) ~(IZ-P~LIQ J-r6 Eg 2 PALM BEACH COUNTY FLORIDA PVR WKIULEY-HORN CW CA KCCC696 NO. REVISIONS DATE B G I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I . . . . . . . / / . . . -I / . . . . . . . . / . k I AS Kimley-Horn SCALE DESlW ENUNEER and Associates, Inc. Peter J Von Rem SDS FLORIDA wmsmnm NUWEER SDS @ ZOO4 KIMLEI-HORN AND ASSOCIATES INC PHONE (172) 562-7981 FRENCHMAN'S RESERVE ' 601 2157 STREET SUITE 400 MRO EEACU. rL 32960 55553 DRAW BY POD C UTILITY PLAN FAX (772) 562-9689 PALM BEACH COUNTY FLORIDA PVR WWWKIMLEY-UORN CMI CA wWW96 NO. REUSIONS DATE B NECKED BY K 4 d., ... \ \ AS NOTED 'Os SDS PVU OESiM ENGINEER SCALE 'oEnGNEO BI Peter J Van Rens RM(IOA REWSTRATION NUMBER -lJXX2., -0 I FRENCHMAN'S RESERVE PAVING, GRADING 3 g5g:B POD C AND ;Os g- DRAINAGE PLAN la 0 1 55553 ORAW BY CHECKEO BY Ea PALM BEACH COUNTY FLORIDA I Kimley-Horn and Associates, Inc. @ io01 KIMLEI-HORN AND ASSOCI~TES. INC 601 21Si STREET. SUITE W. MRO BEACH. n 32980 PHONE (772) 562-7981 FAX (772) 562-0880 hln I RFV1910N4 DATE E WW KIMLEI-WOI(N Mu CA ow00696 111 I I I I i I i I i I i I i i i I i I I I/ z / * / , , s n m / , , r , I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I . + s I- +-' Kimley-Horn AS NOTED SDS DESIGN ENGINEER SCALE - and Associates, Inc. Peter J Van Rens 55553 @ 2001 KIMLEY-HORN AND ASSOCIAES INC PHONE (172) 562-7981 Ja$,,a -0 1 FRENCHMAN'S RESERVE PAVING, GRADING ' FLORIOA REGISTRATION NUMBER 0 y > S$E:P *egg- 12 60, ZIST smLr WITE uio MRO BEACH n 62980 DRAW BY SDS PKQ AND FAX (772) 562-9689 POD C NO. 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I '5 f F: v) rn 0 =! 0 z b i t "4 I j ;%= :n: ? p? "0" 7 8 I I I I I I I I ~ I I I I I I I I I I I I I 1 I I I 5 z 0 V P cn cn C P m -I P rn rn I- I I I I I I I I I I@ I I I I I I I I I 1.v - I I I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I I I I I I I I I I ,I I I- a sq f I' I j I I i I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I I I I I I I I I I I I I I I I I I 1 r., rn 5 .m t I X t I o,+ f ! I I I I I I I I I L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 34,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN FOR POD C OF THE FRENCHMAN’S RESERVE PLANNED COMMUNITY DEVELOPMENT (PCD) TO ALLOW THE CONSTRUCTION OF 48 ZERO-LOT-LI N E, SING LE-FAM I LY HOMES ON AN APPROXI MATE LY 12.68-ACRE PARCEL; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 15, 2001, the City Council approved the Frenchman’s Reserve Planned Community Development (PCD) through the adoption of Ordinance 4, 2001; and WHEREAS, on June 6, 2002, the City Council approved an amendment to the Frenchman’s Reserve Planned Community Development (PCD) through the adoption of Ordinance 19, 2002; and WHEREAS, the City has received an application (SP-04-18) from Land Design South, agent for Toll Brothers Inc., for site plan approval of 48 zero-lot-line, single-family homes on Pod C of the Frenchman’s Reserve Planned Community Development (PCD), located east of Alternate AIA, approximately one mile south of Donald Ross Road, as more particularly described herein; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay with an underlying zoning designation of Residential Low - 3 (RL-3) and a future land-use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient, and has recommended approval; and WHEREAS, on January 25, 2005, the Planning, Zoning, and Appeals Board recommended approval of the site plan; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. Date Prepared: February 11,2005 Date Prepared: February 11,2005 Resolution 34, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 2. The Site Plan Petition for 48 zero-lot-line, single-family homes is hereby APPROVED on the following described real property, subject to the conditions of approval provided herein: LEGAL DESCRIPTION: A PARCEL OF LAND BEING A PORTION OF TRACT "C", FRENCHMAN'S RESERVE PCD PLAT ONE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 92, PAGES 11 TO 20, IN AND FOR THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID TRACT "C"; THENCE S89'02'36"E ALONG THE NORTH LINE OF SAID TRACT "C", A DISTANCE OF 215.24 FEET; THENCE S06'18'25"E A DISTANCE OF 73.25 FEET TO THE POINT OF BEGINNING; THENCE N83'41'35"E A DISTANCE OF 179.37 FEET; THENCE S06'18'25"E A DISTANCE OF 4.21 FEET TO A POINT OF CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 53.00 FEET WHICH RADIUS POINT BEARS S03'15'21"E, AND A CENTRAL ANGLE OF 65'15'10"; THENCE ALONG THE ARC OF SAID CURVE 60.36 FEET; THENCE N83'41'35"E A DISTANCE OF 143.57 FEET; THENCE S06'18'25"E A DISTANCE OF 370.38 FEET TO A POINT OF CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 1165.00 AND A CENTRAL ANGLE OF 11'20'35"; THENCE ALONG THE ARC OF SAID CURVE 230.64 FEET; THENCE SO5'02'10"W 452.80 FEET TO A POINT OF CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 835.00 AND A CENTRAL ANGLE OF 18'02'18"; THENCE ALONG THE ARC OF SAID CURVE 262.88 FEET; THENCE S13'00'08"E A DISTANCE OF 287.43 FEET; THENCE S76'59'52"W 140.33 FEET; THENCE N13'00'08"W 20.48 FEET; THENCE S76'59'52"W 189.67 FEET; THENCE N13'00'08"W A DISTANCE OF 266.95 FEET TO A POINT OF CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 1165.00 AND A CENTRAL ANGLE OF 18'02'18"; THENCE ALONG THE ARC OF SAID CURVE 366.77 FEET; THENCE N05'02'1O"E A DISTANCE OF 452.80 FEET TO A POINT OF CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 835.00 AND A CENTRAL ANGLE OF I 1'20'35"; THENCE ALONG THE ARC OF SAID CURVE 165.31 FEET; THENCE N06'18'25"W 11 1.72 FEET TO A POINT OF CURVE CONCAVE TO THE WEST HAVING A RADIUS OF 40.00 AND A CENTRAL ANGLE OF 38'49'23"; THENCE ALONG THE ARC OF SAID CURVE 27.10 FEET TO A POINT OF REVERSE CURVE CONCAVE TO THE EAST HAVING A RADIUS OF 254.61 AND A CENTRAL ANGLE OF 64'47'52"; THENCE ALONG THE ARC OF SAID CURVE 287.95 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 552,126 SQ. FEET AND/OR 12.68 ACRES. SECTION 3. Said approval shall comply with the following conditions, which shall be binding upon the applicant, its successors, assigns, and/or grantees: 1. The applicant shall abide by the Design Guidelines for Pod C submitted by the applicant. (Planning & Zoning) 2 Date Prepared: February 11, 2005 Resolution 34, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 2. 3. 4. 5. 6. 7. 8. 9. Prior to the issuance of the first residential Certificate of Occupancy, the applicant shall make provisions in the homeowners association documents that require all homeowners to maintain a minimum 6-foot clear corridor within at least one side-yard setback, which shall be maintained free from air conditioning equipment, fencing, and landscaping obstructions between all structures. This restriction shall be recorded into the public record as a restriction against the property. Building permits for individual homes shall show landscaping, fencing, and mechanical equipment, and shall show the 6- foot clear corridor. The homeowners association documents shall be submitted to the City Attorney for review and approval prior to the issuance of the first residential Certificate of Occupancy. (Planning & Zoning, City Attorney) Prior to the issuance of the first residential Certificate of Occupancy, the applicant shall include language in the homeowners association (HOA) documents which indicates that the temporary sales facility and fenced compounds used to store landscape materials may remain within Pod C until December 31,2007. (Planning & Zoning) Prior to the issuance of the first building permit, the applicant shall provide a letter of authorization from the utility owners allowing proposed landscaping and light pole fixtures within the 10-foot utility easement. (City Engineer) Prior to construction plan approval, the applicant shall relocate the fenced compound area outside of the 20-foot drainage tract. (City Engineer) The applicant shall copy the City Engineer on all correspondences to and from regulatory agencies regarding issues on the project. (City Engineer) Prior to construction plan approval, the applicant shall indicate all construction zone signage and fencing on the construction plans. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide a cost estimate for public infrastructure, landscaping, and irrigation. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. The cost estimate shall be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide a cost estimate for all other on-site improvements which do not include public infrastructure, landscaping, and irrigation costs. The cost estimate shall be signed and sealed by an engineer registered in the State of Florida and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) 3 Date Prepared: February 11, 2005 Resolution 34,2005 1 IO. 2 3 4 5 11. 6 7 8 9 12. 10 11 12 13. 13 14 15 16 14. 17 18 19 15. 20 21 22 23 24 The applicant shall comply with all Federal Environmental Protection Agency and State of Florida Department of Environmental Protection permit requirements for construction activities. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall submit signed and sealed construction plans with all calculations to the City Engineer for review and approval. (City Engineer) Prior to construction plan approval, the applicant shall schedule a pre-permit meeting with City staff. (City Engineer) Prior to the issuance of the first Certificate of Occupancy, all landscaping shall be field located to avoid conflicts between lighting and landscaping, including long-term tree growth. (City Forester, Police Department) Metal halide lighting shall be used for all street and pedestrian walkways. (Police Department) Numerical addresses shall be indicated on each residential unit and shall be illuminated for nighttime visibility. Numerical addresses shall have bi- directional visibility from the roadway, numbers shall be a minimum of four inches in height, and numbers shall be a different color than the predominant residential unit color. (Police Department) 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 4. The City Council of the City of Palm Beach Gardens hereby approves the following four waivers with this approval: 1. Section 78-141 , Residential Zoning District Regulations, to allow for a 3’ side setback for screen enclosures and accessory structures. Section 78-141, Residential Zoning District Regulations, to allow for a 0’ rear setback for screen enclosures and accessory structures for lots not abutting a preserve and a 3’ rear setback for screen enclosures and accessory structures for lots abutting a preserve. Section 78-506, Residential Zoning District Regulations, to allow for a 4’ sidewalk on both sides of the street. Section 78-501, Cul-de-sac, to allow for a 1,664’ cul-de-sac street. 2. 3. 4. SECTION 5. Said approval and construction shall be consistent with plans filed with Pod C Site Plan, by Land Design South, dated February 2,2005, sheet 1 of 1. the City’s Growth Management Department as follows: 1. 4 Date Prepared: February 11,2005 Resolution 34,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 2. Prototypical Unit Landscape Plan, by Toll Brothers, dated August 27, 2004, sheet 1 of 1. 3. Pod C Streetscape Plan, by Toll Brothers, dated December 3,2004, sheets 1- 2. 4. Pod C Photometric Plan, by Land Design South, dated October 21, 2004, sheets PH 1 -PH4. 5. Carrington Model Plans, by Toll Architecture, dated October 30, 2003, 18 sheets total. 6. El Mirasol Model Plans, by Toll Architecture, dated May 16, 2002, 20 sheets total. 7. Montecito Model Plans, by Toll Architecture, dated September 9, 2002, 16 sheets total. 8. Casa Bendita Model Plans, by Toll Architecture, dated November 14,2002,14 sheets total. 9. Playa Riente Model Plans, by Toll Architecture, dated November 14,2002,14 sheets total. SECTION 6. This 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. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 5 Date Prepared: February 11,2005 Resolution 34. 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA ATTEST: BY: Mayor BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: MAYOR AYE NAY ABSENT VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER \\Pbgsfile\Attorney\attorney_share\RESOLUTIONS\frenchmans reserve pod c-reso 34 2005.doc 6 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 10,2005 Meeting Date: March 17,2005 Resolution 36,2005 Subiect/Aeenda Item: Resolution 36,2005: North Palm Beach County Improvement District Emergency Operations Center - Site Plan Amendment Consideration of Approval: A request by Don Hearing of Cotleur & Hearing, Inc., agent for the North Palm Beach County Improvement District (NPBCID) Emergency Operations Center (EOC), for an amendment to an approved site plan to allow for the construction of a 13,366 square-foot administrative building and EOC facility and a 375 square-foot gas storage facility to be located on a 3.26-acre parcel, within the PGA National Commerce Park Planned Unit Development (PUD). The subject site is generally located northwest of the intersection of The Ronald Reagan Turnpike and Northlake Boulevard. The site is located on Lot 4 of the PGA National Commerce Park PUD, which is located within the PGA National Development of Regional Impact (DRI) and Planned Community Development (PCD). [ X ] Recommendation to APPROVE with conditions and six waivers XI Recommendation tl Reviewed by: Planning & Zoning Director: Tala1 M. Benothman, Development Compliance: Bahareh K. Wolfs, AICP Growth Management Charles K. Wu, AICP Approved By: Ronald M. Ferris DENY one waiver Originating Dept.: Growth Management: Project Manager - As. Autumn Sorrow, Planner [ X ] Quasi - Judicial [ 3 Legislative [ 3 Public Hearing Advertised: NIA Date: -- Paper: NIA [XI Not Required Finance: N/A Costs: $ NIA Total .$ NIA Current FY Funding Source: [ ] Operating [XIOther NIA Budget Acct.#: NIA City Council Action: [ ]Approved [ ] App. wl conditions [ ]Denied [ ] Continued to: Attachments: Resolution 36,2005 Resolution 35, 1988 Resolution 34, 1986 Project Narrative Reduced Plans PGA Nat’l Commerce PGA National POA letter Development guidelines Date Prepared February 10,2005 Meeting Date: March 17,2005 Resolution 36,2005 EXECUTIVE SUMMARY An applicant initiated request for approval of a 13,366 square-foot building and a 375 square-foot gas storage facility, located on 3.26-acresY on Lot 4 of the PGA National Commerce Park Planned Unit Development (PUD), which is located within the PGA National Resort Community Development of Regional Impact (DRI). The site is generally located northwest of the intersection of the Ronald Reagan Turnpike and Northlake Boulevard. The applicant is requesting seven (7) waivers with this site plan amendment petition. Staff is in support of the all the waiver requests except for one requesting a wall sign above the second floor line. Staff recommends APPROVAL of Resolution 36,2005 with conditions and six (6) waivers as provided therein and DENIAL of one (1) waiver. BACKGROUND The PGA National DRI was approved on August 3 1 , 1978, through the adoption of Resolution 43, 1978. Ordinance 18,2003 provided for the approval of an amendment to Ordinance 22,1998, the consolidated and amended Development Order for PGA National Development of Regional Impact (DRI) and Planned Community Development (PCD), by extending the build-out date by two years from August 29,2003, to August 29,2005. On August 7, 1986, the City Council approved the PGA National Commerce Park Planned Unit Development (PUD) consisting of 33.45 acres, with the adoption of Resolution 34, 1986. Subsequently, on May 12,1988, the City Council adopted Resolution 35,1988 which approved the Planned Unit Development (PUD) for the North Palm Beach County Water Control District (now known as the NPBCID), for the construction of three buildings totaling 12,500 square feet on a 2.50- acre site. LOCATION AND ACCESS The site is generally located northwest of the intersection of the Ronald Reagan Turnpike and Northlake Boulevard on Lot 4 of the PGA National Commerce Park Planned Unit Development (PUD), which is located within the PGA National Resort Community Development of Regional Impact (DIU). The only ingress and egress to the site is off of Hiatt Drive. LAND-USE AND ZONING The future land-use designation of the subject site as reflected on the City’s Future Land Use Map is Industrial (I). The zoning classification of the site is Planned Community District (PCD) Overlay with an underlying zoning of Light Industrial (MlA). PROJECT DETAILS The subject site is 3.26 acres and is located on Lot 4 of the PGA National Commerce Park PUD. Lot 4 currently contains three (3) buildings with a combined square footage of 12,500 for the use of 2 Date Prepared: February 10,2005 Meeting Date: March 17,2005 Resolution 36,2005 professional office and Emergency Operations Center on 2.5-acres. The applicant is proposing an amendment to the site plan to allow for the development of a new two-story 13,366 square-foot administrative building and Emergency Operations Center and a 375 square-foot above ground gas storage facility on the same site where its existing facilities are located. As per State and Palm Beach County regulations, fuel tanks are required to have secondary containment on both the tanks and pipes leading to the tanks (this means that there are two walls between the fuel and the environment). Florida Statutes require the owner to obtain an installation permit from the Palm Beach County Department of Environmental Resources Management (DERM), which is authorized to regulate the tanks for the Florida Department of Environmental Protection (FDEP). These tanks will be registered with the State and County and placed on a list for tracking purposes. The applicant is also required to provide status reports that aid the County and State in monitoring for leaks. Additionally, DERM inspects all fuel tanks at least once per calendar year. Furthermore, this heling station is located approximately 1,100 feet from the closest residential structure. With this amendment the existing NPBCID EOC site will increase from 2.50-acres to a total of 3.26- acres. The NPBCID offices and operations are proposed to be re-located from three (3) existing office buildings on site to the proposed two-story 13,366 square-foot building. The three (3) existing office buildings will be sold to a public or private entity. It is important to mention that the entire 3.26-acre site was reviewed and analyzed by staff with regard to compliance with the City’s Land Development Regulations, the PGA National DRI Development Order, the PGA National Commerce Park Development Guidelines and the City’s Comprehensive Plan. Site Circulation The site will continue to have ingress and egress off of Hiatt Drive. Section 78-344(h) of the LDRs requires a 1 00-foot stacking distance from the edge of the right of way to the nearest parking spaces. The applicant is requesting a waiver to allow for a 67-foot stacking distance at the entrance to the site. Staff supports this waiver request, as the entrance currently exists. Landscaping. Open Suace, and Site Amenities City Code Section 78-1 55 (0)(3), Nonresidential Components in PCDs, requires 10% open space on the site; the applicant has provided 48.5%. The applicant is required to provide a total of 5,504 points of landscaping for the site; the applicant has provided 9,679 landscape points (2,48 1 existing points and 7,198 proposed points). The proposed landscaping for the NPBCID EOC has been designed to keep in harmony with the intent of the environmental and ecological emphasis of Northern, by providing 100% of Florida native plants. The landscape design is also unique because the landscape plan adheres to the criteria of the South Florida Water Management District xeriscape guidelines. Date Prepared February 10,2005 Meeting Date: March 17,2005 Resolution 36,2005 The undeveloped portion of the site is currently vegetated with oak trees and Washingtonian palms, which will be saved and relocated around the property. The site will further be enhanced with the use of sabal palms, live oak, fakahatchee grass, cocoplum, and cypress. The proposed development plan provides for a 1 0-foot landscape buffer along the east property line, which is adjacent to the Ronald Reagan Turnpike. According to Section 78-319(a)(3) of the City’s LDRs, a minimum landscape buffer of at least 25 feet in depth shall be provided on lands located adjacent to the Ronald Reagan Turnpike. The applicant has requested a waiver from Section 78- 3 19(a)(3) to allow for a 1 0-foot landscape buffer. According to Section 78-3 15 of the City’s LDRs, the perimeter of vehicle use areas abutting public road rights-of-way shall include a continuous berm and hedge. The berm shall be constructed at a minimum elevation of two feet above the grade of the parking lot, and the hedge shall be maintained at a minimum height of three (3) feet at maturity. The proposed development plan does not provide for a continuous berm along the east landscape buffer. The applicant has requested a waiver to allow for a 75% deficiency of the required berm on the east landscape buffer. Site amenities, including bike racks, trash receptacles and benches have also been included within the site plan, complying with the requirements of the City’s Land Development Regulations. Dumpsters have been located within the site boundaries and are shielded from public view. Parking The applicant is proposing to provide a total of 106 parking spaces on the 3.26-acre site. The minimum number of spaces required by Code is 86 spaces, based on a ratio of one space per 300 square feet of professional office. The total number of handicapped parking spaces required is five (5); the applicant has provided six (6). Currently the site has fifty (50) parking spaces and the new development will include the addition of fifty-four (54) parking spaces and two (2) loading spaces for a total of one-hundred six (106) parking spaces. The proposed additional parking spaces will be 23% over the required parking for the entire site. The applicant has requested a waiver to allow for an increase of 23% over the minimum required parking. According to Section 78-3454(d)(4)a., additional open space, at a ratio of 1.5 square feet for each additional square foot of paved parking and vehicular circulation area, shall be provided. The additional pervious open space shall be provided as additional landscaping, pedestrian amenities, or vegetative preserve area, and shall be calculated and identified on the project site. The applicant has provided 4,455 square feet of additional open space on site, consistent with Section 78- 3454(d)(4)a. of the Land Development Regulations. According to the PGA National Commerce Park Development Guidelines (which were adopted as part of the Development Order for the PGA National Commerce Park PUD), each building site shall include a minimum of one 14-16’ x 8’, four inch caliper tree for each two thousand square feet of paved area and trees shall be planted in islands or planting strips within such paved area. 4 Date Prepared: February 10,2005 Meeting Date: March 17,2005 Resolution 36,2005 The applicant is proposing a twelve (12) space covered vehicle storage structure at the rear of the building, approximately 195-feet from the right-of-way. The covered vehicle storage structure will be used for the sole purpose of storing and securing emergency vehicles when not in use. The covered vehicle storage structure will be gated off from the public by the use of electronically operated gates. The applicant is requesting a waiver from Section 78-344, Table 32, Minimum Parking Bay Dimensions, to allow for a reduction in parking spaces width from 18.5’ x 10’ to a minimum of 16.5’ x 10’ with a 2.5-foot vehicle overhang. The applicant states that the decrease in parking stall length allows for an increase in open space throughout the site. The applicant is not providing any wheel sops on-site, however, all vehicular parking abutting landscape and pedestrian sidewalks will be provided with 2.5-foot wide non-mountable concrete curbs, consistent with Code. The parking layout has been designed so that no parking stalls encroach into travel isles, which would require wheel stops to prevent vehicular encroachment. Where parking spaces abut sidewalks, 7.5-foot-wide sidewalks are provided to ensure ample room to accommodate both vehicle overhang and pedestrian activity. The required five handicap parking spaces and two loading spaces are included on the site plan. Building Architecture and Materials The building architecture is an art deco style and includes such architectural features as scored stucco parapets, decorative eyebrows, raised and scored stucco banding, impact resistant glass and decorative grilles. The building has been designed to adhere to the requirements of a hurricane rated facility with colored polished concrete walls. The proposed height of the building is 41 feet. The outside fuel tank storage will be above ground and will be hlly screened from on-site and off- site views by way of architecturally compatible screening walls and enhanced landscaping. Site L igh ting As a condition of approval, the applicant shall submit a photometric plan, signed and sealed by a Professional Engineer registered in the State of Florida, within ten (10) days of City Council approval. Signage The applicant is proposing to provide uniform wall signage on the south and west elevations of the building. The proposed letter height is six (6) inches with two (2) lines of copy and a length of 12.8- feet. The overall area of the wall signs is 16 square feet. The proposed signage will be bronze in color. The wall sign on the south elevation faces the main parking area and is located directly above the entrance. The wall sign on the west elevation is located at the upper right comer of the west elevation, above the second floor line. The applicant is requesting a wavier from Section 78-285, entitled “Permitted Signs”, to allow for the west wall sign to be located above the second floor line. 5 Date Prepared: February 10,2005 Meeting Date: March 17,2005 Resolution 36,2005 The proposed monument sign measures 6.5’ X 12’ with a copy area of 56 square feet, which is consistent with code. The proposed monument sign will feature the building identification (NPBCID EOC) and three (3) additional tenants as allowed by code. The letters will be six (6) inches in height and will be bronze in color. Traffic Concurrencv The project is located within the PGA National Development of Regional Impact (DRI), which has trips vested for the development of this site. The traffic impact statement for the NPBCID EOC indicates that the proposed addition will not generate more trips than what has been allocated to the PGA National DRI. Art in Public Places Prior to issuance of the first building permit, the applicant is required to deposit funds into an escrow account in an amount of money equal to the art fee to comply with the Art-in-Public-Places requirement for providing art on site or the applicant shall make a payment in lieu thereof. The Art- in-Public-Places Advisory Board shall review and make a recommendation to the City Council on any proposed art on site. As a condition of approval, the applicant is required to comply with the Art-in-Public Places requirement. Summaw of Waivers Requested Code Section Section 78- 344(h) Section 78- 345(4(3) Section 78- 344(L)(1) Section 78-3 15(9 r 1 Requirement/ Allowed 100’ minimum stacking distance at point of site ingresdegress 10% additional parking spaces allowed above the Code maximum PUDPCDs Minimum parking stall length to be 18’6” except by City Council approval Continuous berm & hedge required around perimeter of vehicular use area (min. 2’ berm & 3’ hedge) Requested Waiver A deviation of 33’ in the required stacking distance Increase in number of parking spaces above 10% A deviation of 2’ in the required parking stall length 75% deficiency of the required Landscaping/ screening for vehicular parking area on the east landscape berm Provided Reduced stacking distance of 67’ at the main entrance to the site 106 parking spaces requested or 23% above the LDR maximum Minimum 16’-6” paved parking area with 2’4’ overhang Maintain existing berm along north east comer of site and seek relief from requirement due to existing site conditions (existing plantings and easements) Recommendation Existing Condition support (4) 6 Date Prepared: February 10,2005 Meeting Date: March 17,2005 Resolution 36,2005 I Code Section 315(c) Section 78- 155(~)( 1-3) Section 78-159 Table 21 (note Section 78-285, Table 24 Requiremend Allowed Minimum landscape buffer of 25 ’ depth required along the Turnpike Wireless telecommunications facilities must be located at least 1 mile apart from another tower. Wall signs are only permitted below 2”d floor line Requested Waiver 10’ Landscaping/ screening along the Turnpike To allow the existing telecommunications facility to remain undisturbed. To allow for the west wall sign to be located above the second floor line Provided Recommendation approved 10’ landscape buffer along the Turnpike (existing on and off-site landscaping and easements prevent 25’ configuration) Existing wireless telecommunications tower is located less than 1 mile apart from another tower. West wall sign above the second floor line Existing Condition support (6) DENIAL (7) (1) The applicant is requesting a waiver from the required 100 foot stacking distance from the edge of the right-of-way to the nearest parking spaces. The applicant is proposing to modify the southern point of ingredegress for the development from Hiatt Drive, thus improving the existing stacking distance condition which now provides approximately 5’ of stacking to the first parking spaces. A total of +/-7O feet has been provided at the entrance. Stuffhas no objection and recommends approval of this waiver request as the applicant is improving on an existing nonconformity. (2) The code allows a maximum additional 10% of the required parking on site for overflow parking. The applicant states that the increase in parking is necessary to ensure adequate parking is provided in times of natural disaster to accommodate staging for response vehicles necessary to repair and manage NPBCID facilities located throughout north Palm Beach County. Additionally, the applicant has provided 48% of open space and buffers throughout the site. Staff has no objection and recommends approval of this waiver request as the additional parking is needed to accommodate the parking demand generated by monthly public meetings that are held at the NPBCID facility and the parking demand generated in times of natural disaster. (3) Instead of the 18.5’long paved parking spaces required by code, the applicant is requesting 16.5’long paved parking spaces with a 2.6’ vehicle overhang in limited areas for the purpose of reducing the amount of pavedimpervious area throughout the site. 7 Date Prepared: February 10,2005 Meeting Date: March 17,2005 Resolution 36,2005 Staff has no objection and recommends approval of this waiver request. (4) The applicant is requesting a waiver from the berm requirement along the majority of the east property line due to the existing planting and parking conditions. Staffhas no objection and recommends approval of this waiver request as the applicant is improving on an existing nonconformity by adding additionalplantings along the northern portion of the east landscape berm, which will further reduce any potential visual impacts along the Ronald Reagan Turnpike. Additionally, the east landscape buffer consists of existing hedges and trees and is supplemented by abundant existing native and non-native vegetation off-site and along the Ronald Reagan Turnpike, effectively buffering the parking area from off-site views. (5) The applicant is seeking a waiver from the minimum 25-foot wide landscape buffer requirement along the east property boundary. The applicant states that the waiver request is necessary because the buffer currently exists and adequately screens visual impacts. Staff has no objection and recommends approval of this waiver request. The existing landscape buffer and of-siteplantings combine to block any views from the Turnpike which is the adjacent to the east landscape buffer. (6) The applicant is requesting a wavier from the standards and requirements of Sections 78- 155(s)( 1-3) and Section 78-1 59 Table 21, Note 64 for an existing radio transferred data tower to remain undisturbed. The purpose of the tower is for emergency operations and communications during severe weather events. Staff has no objection and recommends approval of this waiver request as the tower currently exists and is fully operational and serves as a public need. (7) The applicant is requesting a waiver from Section 78-285, Table 24, to allow for the wall sign on the west elevation to be located above the second floor line. Staffrecommends DENIAL of the waiver request as the applicant has notprovided suficient justification. Further, staff feels that the monument sign provides more than adequate signage for the visitors. The building is also at the end of a cul-de-sac, hardly a location that one will miss. PLANNING, ZONING, AND APPEALS BOARD On January 25, 2005, the Planning, Zoning, and Appeals Board reviewed the subject petition and voted 7-0 to recommend approval of the subject petition with all the waiver requests, including the waiver request from Section 78-285, Table 24 to City Council. 8 STAFF RECOMMENDATION ~~ ~~~ 7 18. :I Date Prepared: February 10,2005 Meeting Date: March 17,2005 Resolution 36,2005 Staff recommends APPROVAL of Resolution 36,2005 with conditions and six waivers as provided therein and DENIAL of one waiver. 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 36,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A SITE PLAN AMENDMENT TO ALLOW FOR A 13,366-SQUARE-FOOT BUILDING AND A 375-SQUARE-FOOT ABOVE-GROUND GAS STORAGE FACILITY TO BE LOCATED ON LOT 4 OF THE PGA NATIONAL COMMERCE PARK PLANNED UNIT DEVELOPMENT PGA NATIONAL DEVELOPMENT OF REGIONAL IMPACT (DRI), GENERALLY LOCATED AT THE NORTHWEST INTERSECTION OF THE RONALD REAGAN TURNPIKE AND NORTHLAKE BOULEVARD, AS MORE PARTICULARY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS; AND PROVIDING AN EFFECTIVE DATE. (PUD), A 3.26-ACRE PARCEL WHICH IS LOCATED WITHIN THE WHEREAS, on August 31 , 1978, the City Council adopted Resolution 43, 1978 approving the PGA National Resort Community Development of Regional Impact (DRI); and WHEREAS, on August 7, 1986, the City Council approved Resolution 34, 1986 approving the PGA National Commerce Park Planned Unit Development (PUD), consisting of 33.45 acres, to be located within the PGA National Development of Regional Impact (DRI); and WHEREAS, on May 12, 1988, the City Council approved Resolution 35, 1988 approving the Northern Palm Beach County Water Control District (now known as the North Palm Beach County Improvement District) PUD, consisting of 2.5 acres located on Lot 4 of the PGA National Commerce Park PUD; and WHEREAS, on January 7, 1999, the City Council approved Ordinance 22, 1998 as a consolidated and amended Development Order for PGA National DRI; and WHEREAS, on July 17, 2003, the City Council approved Ordinance 18, 2003 which approved the amendment to Ordinance 22, 1998 to extend the build-out date of the PGA National DRI from August 29,2003, to August 29, 2005; and WHEREAS, the City has received an application (SP-04-19) from Don Hearing of Cotluer and Hearing, on behalf of North Palm Beach County Improvement District (NPBCID) Emergency Operations Center (EOC), for approval of a 13,366 square-foot building and a 375-square-foot gas storage facility, located on Lot 4 of the PGA National Commerce Park PUD, a 3.26-acre site which is located within the PGA National DRI, generally located northwest of the intersection of the Ronald Reagan Turnpike and Northlake Boulevard, as more particularly described herein; and Date Prepared: February 9, 2005 ~~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: February 9, 2005 Resolution 36, 2005 WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) Overlay with an underlying zoning of Light Industrial (Ml-A) and a future land- use designation of Industrial (I); and WHEREAS, the Growth Management Department has reviewed said application, has determined that it is sufficient, and has recommended approval; and WHEREAS, on January 25, 2005, the Planning, Zoning, and Appeals Board recommended approval of the amendment to the previously-approved site plan with all the waiver requests, including the waiver request from Section 78-285, Table 24, with a vote of 7-0; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby approves a 13,366 square-foot building and a 375-square-foot above-ground gas storage facility, located on Lot 4 of the PGA National Commerce Park PUD, a 3.26-acre site which is located within the PGA National Development of Regional Impact (DRI), as more particularly described below: LEGAL DESCRIPTION: A REPLAT OF LOTS 4, 5, 6, 7, AND 8, PLAT OF P.G.A. NATIONAL COMMERCE PARK, RECORDED IN PLAT BOOK 55, PAGES 180 THROUGH 161, PUBLIC RECORDS OF PALM BEACH COUNTY, AND LYING IN SECTION 15, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. SECTION 3. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1. 2. 3. Section 78-345 (d)(3) - Increase in Parking Spaces, to allow 106 parking spaces, an additional 23% over the minimum required parking spaces. Section 78-344 (L)(l) - Parking Stall and Bay Dimensions, to allow 10.0’ X 16.5’ parking stalls. Section 78-344(h) - Off-street Parking & Loading Entrances and Exits, to allow for a 67-foot stacking distance at the main entrance. 2 Date Prepared: February 9,2005 Resolution 36,2005 1 4. 2 3 4 5 5. 6 7 8 6. 9 10 11 12 Section 78-319(a)(3) - Minimum Landscape Buffer, to allow for a IO-foot- wide landscape buffer along the east property boundary adjacent to the Ronald Reagan Turnpike. Section 78-31 5(f) - Hedges and Berms, to allow for a non-continuous berm on the northeast corner of the site. Section 78-155(s)(l-3) and Section 78-159, Table 21 (note 64j) - Wireless Telecommunications Facilities, to allow for the existing wireless telecommunications facility to remain undisturbed, in a location that is less than one mile apart from another tower. 13 14 15 16 City Engineer SECTION 4. Said approval shall comply with the following additional conditions, which shall be binding upon the applicant, its successors, assigns, and/or grantees: 17 18 1. 19 20 21 22 2. 23 24 25 26 3. 27 28 29 30 31 32 4. 33 34 35 36 37 5. 38 39 40 41 42 6. 43 44 45 46 Within 10 days of this approval, the applicant shall provide a signed and sealed photometric plan meeting the requirements of LDR Section 78-1 82. (City Engineer) Within 10 days of this approval, the applicant shall submit a revised Preliminary Engineering Plan showing the location of the proposed light poles. (City Engineer) Within 10 days of this approval, the applicant shall provide a revised Site Plan which clearly identifies the required minimum 5-foot wide (clear width) sidewalks south and east of the proposed building M, as well as clearly showing and labeling the four handicap ramps that are noted at the southwest corner of the proposed building. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide complete horizontal control of the project sufficient to construct the project and determine the dimensions of all site improvements per LDR Section 78-448. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide written permission from the easement holder to allow landscaping within the holder’s easements in accordance with LDR Section 78-306. (City Engineer) The applicant shall provide to the City a copy of all permit applications, certifications, and approvals. (City Engineer) 3 Date Prepared: February 9, 2005 Resolution 36, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 7. 8. 9. IO. 11. 12. Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide a drainage plan with calculations for the project. Said drainage plan and calculations shall accommodate the ultimate design with pavement sections as proposed. (City Engineer) The applicant shall comply with all Federal Environmental Protection Agency (EPA) and State of Florida Department of Environmental Protection NPDES permit requirements, including, but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or its designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a stormwater Notice of Termination. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall schedule a pre-permit meeting with City staff. (City Engineer) Prior to the issuance of the first land alteration permit, the applicant shall provide a cost estimate for public infrastructure and all landscaping and irrigation costs for review and approval by the City. The cost estimate shall be signed and sealed by an engineer and landscape architect registered in the State of Florida. Surety will be based on 110% of the total combined approved cost estimates and shall be posted with the City prior to the issuance of the first land alteration permit. (City Engineer) Prior to the issuance of the first building permit, the applicant shall provide a cost estimate for the on-site project improvements, not including public infrastructure, landscaping, and irrigation costs, for review and approval by the City. The cost estimate shall be signed and sealed by an engineer registered in the State of Florida and shall be posted with the City prior to the issuance of the first building permit. (City Engineer) Prior to construction plan approval and the issuance of the first land alteration permit, the applicant shall provide a document acceptable to the City, which covers the future maintenance of the site, including joint use of the parking lot, dumpsters, landscape maintenance, etc. (City Engineer) Planninq and Zoninq 13. Prior to issuance of the first Certificate of Occupancy, unity of control documents for the North Palm Beach County Improvement District site shall be submitted to the City and approved by the City Attorney. (Planning & Zoning ) 4 Date Prepared: February 9, 2005 Resolution 36, 2005 1 Prior to issuance of the first building permit, the applicant is required to 2 comply with the art in public places requirement by depositing an amount of 3 money equal to the art fee into an escrow account or make a payment in 4 lieu thereof. The Art in Public Places Advisory Board shall review and 5 make a recommendation to the City Council on any proposed art on site. 6 (Development Compliance) 7 8 City Forester 14. 9 10 15. 11 12 13 14 15 16 17 18 16. 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 In the event that the applicant for the existing building located at the southeast corner of the site (labeled building # 2 on the site plan) applies for an amendment to the approved elevations of Building #2 which cause the elimination of the service areas on the east side of the building, then the property owner, successors, or assigns shall revise the landscape plan to comply with Section 78-320 of the Land Development Regulations relating to foundation landscape requirements. (City Forester) Prior to the issuance of the first building permit, all proposed drainage and/or utility easements shall be reviewed and approved by the City. City Council shall approve all landscape plan changes necessary to facilitate drainage and/or utilities that substantially change the intent or design of the original landscape plan as determined by the Planning and Zoning Director or designee. (City Forester) Police Department 17. Lighting locations shall not conflict with landscaping, including long-term tree canopy growth. (Police Department) 18. Metal halide lighting shall be used for all street and pedestrian walkways. (Police Department) 19. Numerical addresses shall be illuminated for nighttime visibility and shall have bi-directional visibility from the roadways. (Police Department) Miscellaneous 20. Required digital files of the approved plat in its entirety transformed to NAD 83 State Plan Coordinate System shall be submitted to the Planning and Zoning Division prior to issuance of the first building permit. Approved civil engineering as-built design and architectural drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first Certificate of Occupancy. (GIs Manager, Development Compliance) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 . 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: February 9, 2005 Resolution 36, 2005 SECTION 5. This approval shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Site plan and landscape plans, sheets 1 through 5, prepared by Cotleur Hearing, last revised on February 3, 2005, and received and stamped by the City on February 4,2005. 2. Elevations, sheet R-1.1, prepared by REG Architects, dated November 12, 2004. 3. Elevations, sheets A-4.1 - A-4.3, prepared by REG Architects, dated December 20,2004. SECTION 6. This 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. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: February 9, 2005 Resolution 36, 2005 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney VOTE: AYE NAY ABSENT MAYOR --- VICE MAYOR --- COUNCILMEMBER --- COUNCILMEMBER --- COUNCILMEMBER \\Pbgsfile\Attorney\attorney_share\RESOLUTIONS\NPBClD-reso 36 2005.doc 7 May 12, 1988 RESOLUTION 35, 1988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE PLANNED UNIT DEVELOPMENT FOR THE NORTHERN PALM BEACH COUNTY WATER CONTROL DISTRICT ADMINISTRATIVE OFFICE BUILDING, TO BE LOCATED 4 OF THE PGA NATIONAL COMMERCE PARK WITH SAID DEVELOPMENT TO BE IN ACCORDANCE WITH A PLAN TECTS AND PLANNERS, INC., CONSISTING OF TEN THAT NO BUILDING PERMIT SHALL BE ISSUED UNTIL THE CITY ENGINEER SHALL APPROVE DRAINAGE PLANS FOR SAID DEVELOPMENT; AND, THAT AN INTERLOCAL GOVERNMENT AGREEMENT SHALL 8E ENTERED INTO BY THE PETITIONER AND THE CITY WHEREBY PETITIONER PORTIONATELY ON THE BUILDING STRUCTURE AND LANDS LEASED BY PETITIONER TO PRIVATE THIRD PARTIES; PROVIDING FOR THE REPEAL OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE OATE HEREOF. ON A 2.5-ACRE PARCEL OF LAND KNOWN AS TRACT PREPARED BY GBS ARCHITECTS, LANDSCAPE ARCHI- (101 SHEETS UNDER JOB NO. 87-0108.0; PROVIDING SHALL PAY AD VALOREM TAXES EACH YEAR PRO- 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 the Planned Unit Development for the Northern Palm Beach County Water Control District Administrative Office Building, to be located on a 2.5-acre parcel of land known as Tract 4 of the PGA National Commerce Park with said development to be in accordance with a Plan prepared by gbs Archi tects, Lendscape Archf tects and Planners, Inc., under Job No. 87-0108.0, consisting of eleven (11 1 sheets, attached hereto as Exhi bi t "A I,. Section 2. No Building Permit shall be issued until the City Engineer shall approve drainage plans for said development; and, that an interlocal government agreement shall be entered into by the Petitioner end the City whereby the Petitioner shall pay ad valorem taxes each year proportionately on the building structure and lands leased by Petitioner to private thfrd parties. Section 3. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. A Section 4. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND AOOPTED THIS _-.- 12th DAY - OF --’ MAY 1988. \ \ e-%& , -- ATTEST: . .I * J L August 5, 1986 RESOLUTION 34 , 1986 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT KNOWN AS "PGA NATIONAL COMXERCE PARK'' LOCATED IN PGA NATIONAL, PGA RESORT COMMUNITY, A PLANNED COMIWNITY DISTRICT, SAID LANDS BEING THE COMMERCE PARK TRACT AND COMPRISING 33.45 ACRES AND FULLY DESCRIBED IN EXHIBIT "1" ATTACHED HERETO AXD MADE A PART HEREOF; PROVIDING FOR AND REQUIRING THAT SAID LANDS BE DEVELOPED PURSUANT TO THE COHPOSITE SITE AND LANDSCAPING PLAN, CONSISTING OF THREE (3) SHEETS, PREPARED BY URBAN DESIGN STUDIO, INC., JOB NO. 30000.03 DATED JULY 29, 1986, ATTACHED HERETO AND MARKED EXHIBIT "2". AND, PROVIDING THAT THE PAVING, DRAINAGE, UTILiTIES AND LIGHTING SHALL BE CONSTRUCTED ACCORDING TO THE PLANS AND SPECIFICATIONS PREPARED BY TIMOTHY J. MESSLER, INC., CONSISTIIIG OF ELEVEN (11) SHEETS, DATED AUGUST 4, 1986 UNDER ITS PROJECT NO. 601.12, WHICH PLANS AND SPECIFICATIONS AREATTACHED HERETO AS EXHIBIT "3". and, FURTHER PRO- URBAN DESIGN STUDIO, INC., DATED AUGUST, 1986, ATTACHED HERETO AS EXHIBIT "4" SHALL BE UTILIZED AS A GUIDELINE TO THE FUTURE DEVELOPUENT OF "PGA XATIONAL COMMERCE PARK"; AND, PROVIDING THAT NO BUILDING PERMIT SHALL ISSUE UNTIL THE SITE PLAN AND APPEARANCE REVIEW COMMITTEE HAS FIRST REVIEWED THE PROPOSED BUILDING PLAN AND HAS MADE RECOHMENDATIONS TO THE CITY COUNCIL PERTAINING THERETO AND THE CITY COUIJCIL HAS APPROVED SAID PROJECT BY SUBSEQUENT R%SOLUTIO;i; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. VIDING THAT THE DEVELOPMENT GUIDELINES PREPARED BY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section I. A Planned Unit Development known as "PGA NATIONAL COMMERCE PARK" consisting of 33.45 acres is hereby created on the lands known as the Commerce Park Tract, located in PGA National, PGA Resort Community, a Planned Community District, and which is fully described in Exhibit "1" attached hereto and made a part hereof. cribed in Exhibit "1" shall be developed and used in accordance with the Composite Site and Landscape Plan consisting of three (3) sheets, pre- pared by Urban Design Studio, Inc., Job No. 30000.03 dated July 29, 1986 and attached hereto and marked Exhibit "2". All sewage, water, paving, drainage and lighting improvements shall be constructed pursuant to the plans and specifications prepared by Timothy J. Messler, Inc. , consisting of eleven (11) sheets, dated August 4, 1986 under its Project No. 601.12, which plans and specifications are attached hereto as Exhibit "3". Further, the Development Guidelines prepared by Urban Design Studio, Inc. The lands des- dated August, 1986, are attached hereto as Exhibit "4", and said guidelines shall be utilized solely as a guideline to the future development of "PGA NATIONAL COMMERCE PARK". said-described lands shall be those as set forth in Appendix A - Zoning in the M-1A Light Industrial District of the Palm Beach Gardens Code. The uses of the afore- Section 2. No Building Permits shall issue for a building site until the Site Plan and Appearance Review Committee shall first review the proposed building plan and has made recommendations to the City Council pertaining thereto, and the City Council has approved said project by subsequent resolution. Further, no Building Permit shall be issued for construction of any structure or building upon the property described in Exhibit "1" until final drainage, paving and utility plans for said complex have been approved in writing by the City Engineer, and all permits required to be issued by other govern- mental bodies have been issued with copies thereof delivered to and filed with the Building Official; and the Petitioner shall have deposited with the City Hanager a performance bond, or a letter of credit, or an escrow deposit in a sum of money in the amount prescribed by the City Engineer for the purposes of assuring the completion of all paving, drainage and utilities on said project. Section 3. The Plat of "PGA NATIONAL COXMERCE PAM'' Planned Unit Development shall be approved by the City Council by subsequent Resolution, and all signatures thereon shall be in requisite form and approved by the City Manager, whereupon the City Engineer, Hayor and City Clerk shall execute said mylar on behalf of the City of Palm Beach Gardens. The executed mylar of the said Plat shall not be delivered for recording until the required bond, letter of credit or escrow deposit is filed with and approved by the City Manager. Section 4. All phases of development in said Planned Unit Development shall be completed within three (3) years from effective date hereof, and the ownerldeveloper may obtain an extension of one(1) additional year for good cause shown by approval of the City Council by subsequent Resolution. -2- I.. U Y Section 5. All roads within the “PGA SATIONAL COIDERCE PARK“ Planned Unit Development shall be private; provided, however, that Plat of said Planned Unit Development together with the land- owners documents filed in the Public Records of Palm Beach County, Florida, shall reflect that said roads may be utilized €or purposes of fire, police, code enforcement and garbage collection services. Section 6. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. Section 1. This Resolution shall be effective upon date of passage. INTRODUCEDl PASSED AND ADOPTED THIS THE 7 db 1986. DAY OF AUGUST, MAYOR -3- Cotleur & Hearing Friday, November 1 1, 2004 (Revised Monday December 12, 2004) (Revised Monday December 27, 2004) (Revised Thursday January 03, 2005) NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT - ADMINISTRATIVE COMPLEX AND EMERGENCY OPERATIONS CENTER (LOT 4 OF PGA NATIONAL DRI) Project Narrative Introduction Northern Palm Beach County Improvement District (NPBCID) (the “Applicant”) is proposing to develop a new 13,366 square foot administrative building and Emergency Operations Center (“EOC”) on the same 3.26 acre site where its existing facility is located. NPBCID offices and operations are proposed to be re-located from three (3) existing buildings to a new two-story operations center. The subject property is located within the PGA National Commerce Park, a component of the PGA National Resort Community Planned Community District (“PGA National”), a Development of Regional Impact (“DRI”). The site is at the southeast corner of PGA National near the intersection of the Florida Turnpike and Northlake Boulevard, in the City of Palm Beach Gardens, Florida. Development Approval The Applicant is requesting Site Plan Review and Concurrency Review for a 13,366 square foot Administrative Office and Emergency Operations Center Building within the PGA National Commerce Park, which was previously approved as a “Planned Unit Development” within the PGA National DRI Submittal Fees: Site Plan in a PCD/DRI (Major) Concurrency Application (additional to DRI approval) Engineering Review Fee (min. $1000.00 in escrow) $2,500 .OO $500.00 Civil @ $300.00/acre 3.26 acres X $300.00 = $1,200.00 Traffic @ $.05/50,000-200,000 sf @I 3,360sf = $668.00 Total Fees $4,868.00** Project Team PROPERTY OWNER NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT 357 HIATT DRIVE PALM BEACH GARDENS, FLORIDA 33418 CONTACT: TONY LAS CASAS PHONE: 561-624-7830 Site Plan Application 8 Concurrency NPBCID - Emergency Operations Center Monday, December 27,2004 DEVELOPER/ APPLICANT NORTHERNPALMBEACHCOUNTY IMPROVEMENT DISTRICT 357 MATT DRIVE PALM BEACH GARDENS, FLORIDA 33418 PHONE: 561-624-7830 AUTHORIZED AGENTS COTLEUR 8 HEARING 1934 COMMERCE LANE, SUITE 1 JUPITER, FLORIDA 33458 CONTACT: DONALDSON HEARING PHONE: 561-747-6336 ARCHITECT REG ARCHITECTSJNC 120 SOUTH DIXIE HWY. STE 201 WEST PALM BEACH, FL 33401 CONTACT: WILLIAM WATERS PHONE: (561) 659-2383 SURVEYORS LAND SURVEYING AND MAPPING 7741 NORTH MILITARY TRAIL, WOODBINE COMMONS, SUITE 133410 PALM BEACH GARDENS, FL 33458 CONTACT: TBD PHONE: 561 -841 -7466 TRAFFIC ENGINEER PINDER-TROUTMAN CONSULTING, INC 2324 SOUTH CONGRESS AVENUE, WEST PALM BEACH, FL 33406 CONTACT: KAHART PINDER, PE SUITE I-H PHONE: (561) 434-1644 CIVIL ENGINEER RCT ENGINEERING, INC. 701 NORTHPOINTE PKWY., STE. 310 WEST PALM BEACH, FL 33407 CONTACT: MICHAEL HANSETER, PE PHONE: (561) 684-7534 PLANNERS AND LANDSCAPE ARCHITECT COTLEUR & HEARING 1934 COMMERCE LANE, SUITE 1 JUPITER, FLORIDA 33458 CONTACT: ROBERT COTLEUR, ASLA PHONE: 561-747-6336 LEGAL COUNCEL CALDWELL & PACETTI, LLP 324 ROYAL PALM WAY, SUITE 300 PALM BEACH, FL 33480 CONTACT: FRANK PALEN PHONE: (561) 655-0620 Project Description Northern Palm Beach County Improvement District will construct its new EOC and administrative offices on the same parcel of land where its existing facility is located, Lot 4 within the PGA National Commerce Park. The proposed building will consist of two stories and will provide parking in excess of minimum code requirements. In accordance with the City’s LDR Section 78.262 “Art in Public Places”, the Applicant is in discussions with an Art Consultant for the purpose of locating artwork on-site in such a location so as to maximize the benefit to the general public, employees and passers-by. A final location shall be determined prior to the scheduling of the first public hearing associated with this request. The Applicant will provide a total of 106 parking spaces, an increase of 20 spaces or 23 percent. The total parking provided will accommodate both NPBCID’s new building and 2 F:\Project Documents\EmergencyOperationsCenter\EOC Site Plan Application 8 Concurrency NPBCID - Emergency Operations Center Monday, December 27,2004 the existing buildings on-site, which are to be sold to private interests as Professional Office space. Because LDR Section 78.345(d)(3) provides for a maximum number of parking spaces, a waiver for 20 additional parking spaces (+23%) is requested as part of the Site Plan application. Additional waivers from the City’s Land Development Regulations include: removal of wheelstops, and a reduction in the minimum throat depth of 100 feet (please see waiver table below). The building architecture is an art deco style and boasts such architectural features as scored stucco parapets, decorative eyebrows, raised and scored stucco banding, impact resistant glass and decorative grilles. It shall adhere to the requirements of a hurricane rated facility with colored polished concrete walls. Outside fuel tank storage will be fully screened from on- and off-site views by way of architecturally compatible screening walls and enhanced landscaping. The proposed site plan complies with the PGA National Commerce Park Development Guidelines, as follows: LAND USE RESTRICTIONS: The proposed land use is permitted at this location as the property possesses an underlying Industrial land use designation and the use already exists at this location. SITE DEVELOPMENT STNDS: Maximum building lot coverage is 45% Proposed: 14% lot coverage (application complies) Minimum 15% landscaping/open space required Proposed: 48.58% open space and buffers SETBACKS: 25 foot front or street setback required 10 foot side setback and FLA Turnpike required 25+ foot Northlake Blvd. setback Proposed: 35 foot street setback (complies) Proposed :44 foot FLA Turnpike setback (complies) Proposed :+/-340 foot Northlake Blvd. setback (complies) MAXIMUM STRUCTURE HEIGHT Maximum height 40 feet Proposed: 40 foot building height (complies) LOADING & SERVICE AREAS On-site loading area to be accessed from public ROW and fully screened Cotleur Hearing 1934 Commerce Lane Sulte 1 Jupher, Florida 33458 561 747 6336 Fox 747 1377 3 F:\Project Documents\EmergencyOperationsCenter\EOC Site Plan Application 8 Concurrency NPBCID - Emergency Operations Center Monday, December 27,2004 Proposed: Loading zone within parking area and fully landscaped from all off-site views via terminal islands and appropriate planting (complies) CONSTRUCTION MATERIALS No mill finish aluminum or stainless steel Proposed: concrete and stucco finish (complies) PARKING All parking to be provided on-site and in compliance with minimum LDR and ARC standards Proposed: parking in addition to minimum LDR standards OUTSIDE STORAGE & DISPLAYS Any outdoor storage to be fully screened from any off-site views by screening walls Proposed: architecturally compatible screening wall enclosure for the outdoor storage area LANDSCAPE BUFFER UTILITIES (complies) EXTERIOR LIGHTING Side buffer minimum 5 feet Rear buffer minimum 10 feet Front buffer minimum 15 feet Proposed: 15+ foot buffer front (Hiatt Street side) Proposed: 10+ foot buffer rear (FLA Turnpike side) Proposed: 5+ foot buffers side (north boundary parking lot sides) All utilities to be underground Proposed :utilities to be underground Sufficient lighting with no glare to off-site White light, no flashing light, or intermittent lighting No light spillage onto residential properties >0.6 ft Maximum pole height of 24 feet Lighting operational each night dusk through dawn Security lighting fixtures must be below roof line Wiring for exterior lighting to be underground Candles Proposed: to meet above listed requirements (complies) 4 F:\Project Docurnents\ErnergencyOperationsCenter\EOC Site Plan Application 8 Concurrency NPBCID - Emergency Operations Center Monday, December 27,2004 SIGNS AND GRAPHICS Maximum (2) building identification signs permitted Only name of building/address/company logo Maximum of 32 square foot sign area Sign lettering to be “open” or on a plain background Signs to be constructed of permanent materials Signs to be backlit or concealed source lighting Proposed: Meet above listed requirements (complies) Site Data - NPBCID EOC SITE DATA TOWNSHIP 42, RANGE 42E, SECTION 15 LAND USE DESIGNATION EXISTING ZONING DESIGNATION: CITY OF PBG PETITION NO.: FEMA FLOOD ZONE PANEL NO: TOTAL SITE AREA EXISTING USES PROPOSED USES EXISTING BUILDING BUILDING 1 BUILDING 2 BUILDING 3 SUBTOTAL PROPOSED BUILDING BUILDING 4 SUBTOTAL TOTAL BUILDING BUILDING LOT COVERAGE MAXIMUM PROPOSED BUILDING HEIGHT PROPOSED BUILDING STORIES TOTAL NUMBER OF BUILDINGS ON SITE Cotleur Hearing 1934 Commerce Lane, Sule 1 Jupiier, Flaiida 33458 561 147 6336 Fax 747 1377 5 Industrial PCD TBD Flood Zone B 3.26 ACRES Administrative Offices/Emergency Operations Center Administrative OfficedEmergency Operations Center (with Professional office in existing bldgs.) 5,500.00 S.F. 2,200.00 S.F. 4,800.00 S.F. 12,500.00 S.F. 13,366.00 S.F. 13,366.00 S.F. 25,866.00 S.F 0.48 ACRES 40 FEET 2 STORIES 4 BUILDING F:\Project Documents\EmergencyOperationsCenter\EOC Site Plan Application 8 Concurrency Monday, December 27,2004 . NPBCID - Emergency Operations Center TYPE OF OWNERSHIP LAND USE ALLOCATION BUILDING LOT COVERAGE VEHICULAR USE AREAS WALKS AND ENTRY PLAZAS OPENSPACE AND BUFFERS TOTAL SITE AREA OPENSPACE & BUFFERS PERVIOUS OPENSPACE & BUFFERS SUBTOTAL IMPE RVIOUS BUILDING LOT COVERAGE VEHICULAR USE AREAS WALKS AND ENTRY PLAZAS SUBTOTAL P Rl VATE ACRES ACRES PERCENT 0.48 14.61 '/o 1.05 32.36% 0.1 5 4.45% 1.58 48.5 8% 3.26 100.00% PERCENT 1.58 48.58% 1.58 48.58% 0.48 14.61 Yo 1.05 32.36% 0.15 4.45% 1.68 51.42% TOTAL 3.26 100.00% PARK1 NG CALCULATIONS REQUIRED EXISTING BUILDING PROPOSED BUILDING TOTAL HANDICAP (INCLUDED IN TOTAL) PROVIDED 42 50 45 54 86 106 5 6 LOADING 2 2 PEDESTRIAN AMENITIES REQUIRED BIKE RACKS TRASH RECEPTACLES BENCHES PROVIDED 4.3 9 0 1 0 1 Project Issues The Applicant has identified nine (9) required waiver issues that will be requested and addressed by the City of Palm Beach Gardens City Council as part of this application which include the following items: 6 F:\Project Documents\EmergencyOperationsCenter\EOC a No 1. 2. 3. 4. - 5. - 6. ~ 7. - - Site Plan Application 8 Concurrency NPBCID - Emergency Operations Center Monday, December 27,2004 equested Waivc WAIVER REQUEST ’arking stall wheel ;tops 3ff Street parking & oading - entrances md exits ncrease number of larking spaces ’arking stall and Day dimensions Landscaping1 screening for vehicular parking area Landscaping1 screening for vehicular parking area PCD - communication towers & Permitted, conditional, prohibited uses S APPLIC. CODE SECTION Sec. 78- 344(e) Section 78- 344( h) Section 78- 345(d)(3) Section 78- 3440-x 1 ) Section 78- 31 5(f) Section 78- 31 5(c) Section 78- 1 55(~)( 1-3) & Section 78- 159 Table 21 (note 64) REQUIREMENT Parking stall wheel stops required for dl off-street parking spaces 100’ minimum stacking distance at point of site ingresdegress 10% additional parking spaces allowed above the Code maximum within PUD/PCD Minimum parking stall length to be 18’6” except by City Council approval Continuous berm & hedge required around perimeter of vehicular use area (min. 2’ berm & 3’ hedge) Minimum landscape buffer of 25’ depth required along FLA Turnpike W ire1 ess telecommunication facilities to conform to standards & requirements for siting and use S PROPOSED No wheel stops provided, 2’-6” overhang provided for all off-street parking Reduced stacking distances of 70’ at the main entrance to the site 106 parking spaces requested or 23% above LDR max. and only 1 1 YO above the permitted 10% allowance Minimum 16’-6” paved parking area with 2’-6” overhang Maintain existing berm along north east corner of site and seek relief from requirement due to existing site conditions (existing plantings and easements) Maintain existing approved 10’ landscape buffer along FLA Turnpike (existing on and off-site landscaping and easements prevent 25’ configuration) Approval of an existing public use Radio Transferred Data tower with other public users to the P/I standards DEVIATION All wheel stops removed from site plan Waiver of 30’ at the entrance to the site 20 additional parking spaces requested above LDR required parking 2’ reduction in parking stall length throughout site No berm provided for approx. 75% of east buffer based on existing conditions of buffer 15’ deviation from buffer requirement. Existing mature landscaping and existing off-site plantings provide sufficient coverage along the FLA Turnpike Allow continued use of existing public use radio transferred data tower to the P/I standards and regulations Cotleur Hearing 1934 Commerce Lane, Sulte 1 Jupiter. Flo~ida 33458 561 141 6336 Fa 741 1377 7 F:\Project Documents\EmergencyOperationsCenter\EOC Site Pian Application 8 Concurrency NPBClD - Emergency Operations Center Monday, December 27,2004 Principal tenant sign not permitted above first floor Covered parking must be located at the rear of the building 8. - 9. Principal tenant 1 Main building i.d. signage signage in clearly requested at top visible location of second story above first floor Covered parking Waiver to allow for area on the east covered parking in building location away from side of the an alternate view of R-O-W, and due to configuration of the property Permitted Signage Covered Parking Placement Sec. 78-285; Table 24 Permanent Signs Section 78- 374 (h) 1) The applicant is requesting a waiver from Section 78-344(e) of the Land Development Regulations that states, “Wheel stops, bumper stops, or non-mountable concrete curbing shall be installed within all parking spaces”. Section 78-344(e) further states, “The purpose of such parking control devices is to avoid encroachment into landscape areas, or avoid encroachment of parked cars into travel aisles or pedestrian facilities”. Parking Stall Wheel Stop Waiver SECTION 78-344(e) Wheel Stops It is requested that wheel not be provided for any off-street parking stalls. Wheel stops present a potential tripping hazard. Also, drivers tend to drive over them and damage their vehicles creating liability issues in each instance. The applicant will meet the stated purpose of Section 78-344(e) while not installing wheel stops. All vehicular parking abutting landscape and pedestrian sidewalks will be provided with non-mountable concrete curbs and there are no parking stalls which require wheel stops to prevent vehicular encroachment into travel isles. Where parking spaces abut sidewalks, 7.5’ wide sidewalks are provided to ensure ample room to accommodate both vehicle overhang and pedestrian activity. Approval of this request will not be in conflict with the stated purpose of Section 78-344(e), and therefore, should be approved. 2) Off-street Parking and Loading The applicant is requesting a waiver from the required 100 foot stacking distance from the edge of the right-of-way to the nearest parking spaces. The Applicant is proposing to modify the southern point of ingresdegress for the development from Riverside Drive, thus improving the existing stacking distance condition which now provides approximately 5’ of stacking to the first parking spaces. A total of +/-70 feet has been provided at the entrance. The waiver is justified by way of the existing entrance configuration not complying with the code and that condition being improved upon by the proposed driveway plan/layout. SECTION 78-344 (h) - Decrease in Stacking Distance 3) Off-street Parking and Loading The applicant is requesting additional parking spaces above the maximum LDR required amount of parking. The site is only required to have 86 parking spaces to meet the LDR requirements for office use on the site. The Applicant has maximized the parking for the facility to ensure adequate parking is provided in times of natural disaster so as to accommodate staging of response vehicles necessary to repair andlmanage NPBCID SECTION 78-345 (d)(3) - Increase Parking Spaces beyond LDR maximum Cotleur Hearing 1934 Commerce Lone. Sulte 1 JupHer. Fbllda 33458 561 747 6336 FOX 747 1377 8 F:\Project Documents\EmergencyOperationsCentedEOC Site Plan Application 8 Concurrency NPBCID - Emergency Operations Center Monday, December 27,2004 facilities located throughout north Palm Beach County. The site possesses in excess of 48% greenspace throughout the site, to ensure adequate landscape areas are provided for the benefit of employees and visitors to the site. The request for 20 additional parking spaces will accommodate the EOC and the office building use (by others) on this site and such minor increases in parking have been approved by way of waiver by the City Council on prior occasions. 4) SECTION 78-344 (L)(l) - Reduce Minimum Parking Space Length The applicant is seeking a reduction in the minimum 18’”” required length of parking spaces throughout the site to a minimum 16’-6” parking stall length with a 2’-6” overhang. This parking stall length allows for increased green area throughout the site and functions efficiently in places where parking abuts sidewalks, (as increased sidewalk widths are provided to accommodate the 2’-6” required overhang. The overall amount of paved area is reduced by way of this request. Many office developments approved by City Council in recent years have incorporated reduced length parking stalls and there have been no reported issues raised as a result of the request. Parking Stall and Bay Dimensions 5) SECTION 78-315(f) - Reduce Required Berm Along East Property Line The Applicant is seeking relief from the berm requirement along the majority of the east property line (+/-75%) due to existing planting and parking conditions and the presence of off-site landscaping. The northern portion of the east property line consists of a berm that will be supplemented with additional plantings that will further reduce any potential visual impacts along the FLA Turnpike. The remaining portion that is proposed not to have the required berm consists of existing hedges and trees and is supplemented by abundant existing native and non-native vegetation off-site and along the FLA Turnpike, effectively buffering the parking area from off-site views. Introducing a new berm will result in the loss of existing full size vegetation and is not necessary due to the existing effective buffer in place today. Landscaping/ screening for vehicular parking area 6) SECTION 78-31 5(c) - Reduce Required Landscape Buffer At East Property Line The Applicant is seeking relief from the minimum 25 foot wide landscape buffer requirement along the east property boundary due to the existing effective buffering condition that exists today and the presence of existinghn-use utility easement encumbering the area in question. The eastern boundary in the location of the existing parking area is effectively planted and further supplemented by off-site plantings on the FLA Turnpike property. In the northeast corner of the property an existing berm will be supplemented with hedges to reduce any potential visual impacts from the development and construction of the new EOC building. Requiring the 25 foot landscape easement will adversely impact the existing site and cause undue hardship for the development of the new EOC building for Northern Palm Beach County Improvement District. The existing landscape buffer and off-site plantings combine to block any views from the Turnpike which is the adjacent use along this boundary. Landscaping/ screening for vehicular parking area 7) SECTION 78-155(s)(l-3) & SECTION 78-159, Table 21, Note 64 - Communication Towers PCD - Communication Towers / Permitted, Conditional & Prohibited Uses Cotleur Hearing 1934 Commerce Law. Sulte 1 Jupner, Florldo 33458 561 747 6336 Fa 141 1377 9 F:\Project Documents\EmergencyOperationsCenter\EOC Site Plan Application 8 Concurrency NPBCID - Emergency Operations Center Monday, December 27,2004 The Applicant is seeking relief from the standards and requirements of Sections 78- 155(s)( 1-3) and Section 78-1 59 Table 21, Note 64 for an existing radio transferred data tower that will possess space for public service providers antennas. The tower and site is used by a public entity (Northern Palm Beach County Improvement District) for emergency operations during severe weather events. NPBCID has dedicated space on the tower for City of Palm Beach Gardens Emergency Services communications antennae and seek review and approval of said existing tower to the public/institutional standards and regulations for siting, operating, and maintenance as waivable by the City Council. Any proposed relocation of the existing facility would prove a hardship to NPBCID as the tower exists and is fully operational. 8) Permitted Signs The applicant is requesting a single (1) principal tenant sign to be located above the first floor for the principal building. The height is required due to the integration of the existing full-sized native plantings located at the front of the property along Hiatt Drive. The signage proposed consists of eight (8) inch tall letters in two lines of text which will be discrete and understated. Easy identification of this facility is required and the signage should be readily identifiable from the adjacent right-of-way. Section 78-285 Permitted Signs: Table 24 9) The Applicant is requesting that the covered parking structure along the east side of the principal building be permitted, although it does not conform to Section 78-374 (h), which states that “covered parking structures shall be located in the rear of the principal building to which the parking structure is accessory”. The proposed covered parking structure, located on the east side of the principal building is technically at the rear of the site and as far away from the adjacent R-O-W as possible. The covered parking is located within a gated compound and will not be visible from on-site visitors, employees, and from adjacent properties and Hiatt Drive. It has been effectively located to be architecturally consistent and a part of the architecture and with the overall intent of the site plan and is located at the farthest point from the pedestrian ingress and egress points to and from the building. Off-street Parking and Loading - Covered Parking Section 78-374 (h) Conclusion Northern Palm Beach County Improvement District is seeking Site Plan approval for its Administrative Complex and Emergency Operations Center, with three minor waivers of land development regulations. The Site Plan conforms to the City of Palm Beach Gardens Land Development Regulations requirements and is consistent with the City’s Comprehensive Plan. The Applicant has complied with all regulations outlined in the PGA National Commerce Park Development Guidelines manual (October 1987 ver.). The new facilities will allow NPBCID to effectively remain in full operation in times of natural disaster (i.e. hurricanes). The remaining on-site buildings will be sold to private interests as professional office space. 10 F:\Project Documents\EmergencyOperationsCenter\EOC L L- r- z s f @ I Q1 I i r I! I ri ri r- I It I1 I II II I II II I I1 I1 I II II I I1 II I I1 II I II II I II II I II II I II II I II II I II I1 I II II I II II I II II I II II I II II I II II I II II I II II I I1 II I II I1 t --* rn r > Tr -I a -- P I /I I. P I I I - " ,- 422 51'(P) 422 46'(M) Z 5 mz d 0 FLORIDA TURNPIKE rD 6 n 0 VI 0 " E " m b z c Fi Y m m z L Y m m 0 VI I I I T 1 y- R a E z I II T- I e i v T (P C 5 I 4 \ n /o Qg f I b P /B I / I P 5 m 11 z 5 -I -z -< n I si 0 I - 0 -+ c i 0 z UI 3 J f-7 1 1 I I i I! - S 0 I I I I I I I I I I I P R . JAN-30-05 03:tTPM FROM- r JQII ct vu u - .-, I 1-656 P.02/02 F-786 I 1 'PGA NATIONAL COMMERCE PARK ASSOCIATION, INC. I 300 Avenue of the Champlonr, Suite 120 Telephoqe (561) 625-8588 I Palm Beach Gardens, FL 33418 FOX (561) 627-1837 I lanuary 24,2005 3' Ned Bardin, Jr. Norfh Palm Beach Water Improvement $strict 357 Hlatt Drive Palm Beach Gardens, FL 33418 I Dear Mr. Bordin: I I The PGA National Commerce Park January 21, 2005, voted to new building which will be Dlrecton also approved the buildlng plan and slte plan showlng the gas stora to be %-feet from the property line. Dkec,m a their meeting on Fridqy, one-foot increase to y ur @foot requirement. %e e Park Associatiom, Inc. I ii PGA PROPERTY OWNERS ASSOCIATION, INC. Shoppes On The Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 TELEIJHONE (561) 627-2800 January 10,2005 FACSIMILE (561) 622-6324 Mr. O’Neal Bardin NPBCID 357 Hiatt Drive Palm Beach Gardens, FL 33418 Re: Architectural Review Request - Preliminary Plans - REVISE & RESUBMIT Height Variance - Approved Dear Mr. Bardin: At its January 6, 2005 meeting, the POA Architectural Review Committee reviewed the revised preliminary plans for the NPBCID Administrative Complex and Emergency Operations Center. Several issues need to be addressed before the preliminary plans can be approved: 0 Construction details are needed for the gas tank enclosure. The enclosure must be surrounded by Faxahatchee Grass (unclear on the plans). 0 Shutter details are needed and color to be specified. 0 A color elevation rendering must be submitted. 0 The ARC approves the request for a one foot (1’) height variance. 0 The 1’ 6” “eyebrow” band across the top of the building was DENIED. This type of architectural addition lends itself to mildew and staining issues. The landscape plans are being reviewed and comments will be forwarded under separate cover. The PGA Architectural Review Committee has reviewed the request for aesthetic purposes and compliance with PGA POA Community standards only. Owners are responsible to ensure that all modifications comply with state and local laws including but not limited to, all pertinent building codes. If the proposed work is near a Northern Palm Beach County Improvement District (NPBCID) Easement (Le.: near a waterway, canal or lake) the owner must contact NPBCID regarding any permit which may be required from them. Owners should also hire only properly licensed and insured contractors. sin=* ~ ~ &n 0’ Ma ra , ARC/Com pliance Ad ministrator On Behalf of the Architectural Review Committee PGA Property Owners Association, Inc. JOljn Cc: City of Palm Beach Gardens Building Department Brian Cheguis, Cotleur & Hearing, 1934 Commerce Lane #I, Jupiter, FL CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 24,2005 Meeting Date: March 17, 2005 Resolution 37, 2005 SubjecVAgenda Item: Consider approval of an agreement with South Florida Water Management District to provide financial assistance in the amount of $285,000 to the City for Thompson River Canal Water Quality Improvements. [ X ] Recommendation to APPROVE I 1 Recommendation to DENY I Reviewed by: I City Attorney Communitv S Administritor Department Director City Manager Originating Dept.: % Angela Wong Operations Man Community Services Department Advertised: Date: Paper: [ ] Not Required Affected parties [ ]Notified I 1 Not required Costs: $571,000.00 (Total) $571 .OOO.OO Current FY Funding Source: [ X ] Operating [ ]Other Budget Acct.#: 001.3040.541.6918 Project No. 2003-007 ouncil Action: ] Approved ]Approved wl conditions ] Denied ] Continued to: ,ttachments: Resolution 37. 2005 Exhibit A: SFWMD Funding Agreement ] None Date Prepared: February 24,2005 Meeting Date: March 17, 2005 Resolution 37, 2005 BACKGROUND The Thompson River Canal system is part of the Lake Worth Lagoon Estuary. The 2002 City of Palm Beach Garden’s Stormwater Management Plan prepared by LBFH, Inc. proposed a project to return the Thompson River Canal back to its original design cross- section. This project is expected to decrease flow velocities thereby reducing the potential for erosion that has occurred along the banks. The project also includes the construction of maintenance platforms along the canal reach which will ensure access to perform future sediment removal and maintenance activities. The reduction in velocity will prevent the flushing of silt and sediments from the canal bottom into the District’s C-17 Canal and ultimately into the Lake Worth Lagoon. This project will include three stretches of the Thompson River Canal, from the Earman Canal to Lighthouse Drive (41 5 LF), from Holly Drive to 1-95 (3065 LF) and west of Military Trail from Larch to Vision (approximately 2750 LF). Some incidental flood damage reduction benefits in the Thompson River Canal basin may be realized as a result of the project construction. In January 2004, LBFH, Inc. on behalf of the City submitted a grant application to the South Florida Water Management District (SFWMD) for these improvements. The District recognized the importance of implementing and completing this project as part of the Lake Worth Lagoon restoration effort. Accordingly, the District approved in its fiscal year 2005 budget funding to support the completion of this priority restoration project. Total project costs are estimated at $571,000, of which $285,000.00 will be reimbursed to the City by SFWMD. The City’s portion will be funded from the Stormwater Improvements Program Five Million Dollar Bond. STAFF RECOMMENDATION Staff recommends approval of the agreement with South Florida Water Management District to provide financial assistance in the amount of $285,000 to the City for Thompson River Canal Water Quality Improvements. 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION 37,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING A FUNDING AGREEMENT WITH THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT FOR STORMWATER IMPROVEMENTS TO THE THOMPSON RIVER CANAL; AND PROVIDING AN EFFECTIVE DATE. 12 JVHEREAS, the City Council has expressed its desire to improve the 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 :ity’s stormwater system, which is outlined in the 2002 Stormwater Management Plan; and WHEREAS, the City was awarded a grant in the amount of $285,000.00 from the South Florida Water Management District (SFWMD) for improvements to specific portions of the Thompson River Canal; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interest of the citizens and residents of the City of Palm Beach Gardens to enter into a Funding Agreement with the SFWMD, which is attached hereto and incorporated herein as Exhibit “A.” NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the Funding Agreement between the City of Palm Beach Gardens and the SFWMD and hereby authorizes the Mayor and City Clerk to execute the Agreement. SECTION 3. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) Date Prepared: February 14,2005 Date Prepared: February 14,2005 Resolution 37, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SU FFlC I E N CY BY: Christine P. Tatum, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER -- AYE NAY ABSENT GAattorney-share\RESOLUTlONS\SFWMD Grant Funding - reso 37 2005.doc 2 Date Prepared: February 24,2005 Meeting Date: March 17, 2005 Resolution 37, 2005 EXHIBIT “A” SFWMD Agreement 1 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OTO51OSS BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF PALM BEACH GARDENS THIS AGREEMENT is entered into as of the South Florida Water Management District (DISTRICT) and the City Of Palm Beach Gardens (CITY). by and between the WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the CITY for Thompson River Canal Water Quality Improvements; and WHEREAS, the CITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the DISTRICT at its March 9, 2005 meeting, approved entering into this AGREEMENT with the CITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the CITY agrees to perform the work set forth in Exhibit “A” attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for removal of sediments, canal bank restoration, construction of maintenance platforms on both sides of the canal, tree removal, and restoration of the original canal design cross-section. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of eighteen (1 8) months. 3. The total DISTRICT contribution shall not exceed the amount of Two Hundred Eighty-Five Thousand Dollars and No Cents ($285,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhibit “B”, which is attached hereto and made a part of this AGREEMENT. The DISTRICT’S contribution is subject to adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $285,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the Agreement No. OT05 1088 - Page 1 of 5 4. 5. 6. 7. 8. 9. 10. 11. contrary. The DISTRICT will notify the CITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. The CITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The CITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT fkding limitation. The CITY shall cost share in the total amount of Two Hundred Eighty-six Thousand Dollars and No Cents ($286,000.00) in conformity with the laws and regulations governing the CITY. All work to be performed under this AGREEMENT is set forth in Exhibit “A”, Statement of Work, which is attached hereto and made a part of this AGREEMENT. The CITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit “A” shall be under the direction of the CITY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit “A” shall be performed beyond the expiration date, unless authorized through execution of an amendment to cover succeeding periods. The CITY is hereby authorized to contract with thud parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The CITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT’S Project Manager, which consent shall not be unreasonably withheld. The CITY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). Both the DISTRICT and the CITY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit “A”, Statement of Work. Both parties’ rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the CITY under this AGREEMENT shall be deemed to be the property of the CITY upon completion of this AGREEMENT. The CITY shall retain all ownership to tangible property. The CITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the CITY and the officers, employees, servants and agents thereof. The CITY represents that it is self-fkded for Worker’s Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the CITY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT or that it has adequate insurance through the Florida League of Cities. In the event that the CITY subcontracts any part or all of the work hereunder to any third party, the CITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the CITY. Any contract awarded by the CITY shall include a provision whereby the CITY’s subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the CITY’s subcontract. The CITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the CITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT Agreement No. OT05 1088 - Page 2 of 5 12. 13. 14. 15. 16. 17. without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. The CITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the CITY, upon request, as to any such laws of which it has present knowledge. Either party may terminate this AGREEMENT at any time for convenience upon thuty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the CITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. The CITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the CITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the CITY. The CITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The CITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The CITY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to thls AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the CITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. Whenever the DISTRICT’S contribution includes state or federal appropriated funds, the CITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the CITY as set forth in Exhbit “C”. The CITY shall maintain all financialhon-financial records through: (1) (2) (3) Identification of the state or federal awarding agency, as applicable Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement Audit/accountability requirements for federal projects as imposed by federal laws and regulations Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year (4) (5) B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state’s Chief Financial Officer and the state’s Auditor General and/or federal awarding agency shall have the right to examine the CITY’s financial and non-financial records to the extent necessary to monitor the CITY’s Agreement No. OT05 1088 - Page 3 of 5 i. :’ 18. 19. 20. 21. 22. 23. 24. 25. 26. use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District City of Palm Beach Gardens Attn: Jenni M. Hiscock, Project Manager Telephone No. (561) 682-6863 Attn: Rupert Giroux, Contract Specialist Telephone No. (561) 682-2532 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Attn: Angela Wong, Project Manager Telephone No. (561) 799-4127 Address: 10500 North Military Trail Palm Beach Gardens, FL 33410-4634 CITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. %s AGREEMENT shall inure to the benefit of and shall be bindmg upon the parties, their respective assigns, and successors in interest. Ths AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to ks AGREEMENT, if required. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ding of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of tlus AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of hs AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of tlus AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. Any inconsistency in hs AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Condltions outlined in preceding paragraphs 1 - 24 (b) Exhibit “A” Statement of Work Agreement No. OT05 1088 - Page 4 of 5 (c) all other exhibits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD Frank Hayden, Director of Procurement SFWMD oftice of counsel-approved RWD procurement approved CITY OF PALM BEACH GARDENS Agreement No. OT051088 - Page 5 of 5 EXHIBIT “A” STATEMENT OF WORK THOMPSON RIVER CANAL WATER QUALITY IMPROVMENTS PALM BEACH COUNTY 1.0 Introduction The Thompson River Canal system in Palm Beach Gardens (CITY) is part of the Lake Worth Lagoon Estuary. The 2002 City of Palm Beach Garden’s Stormwater Management Plan prepared by LBFH, Inc. with assistance from the CITY Council Members, City Manager, Public Works Director, CITY staff, and Northern Palm Beach County Improvement District proposed a project to return the Thompson River Canal back to its original design cross-section. This project is expected to decrease flow velocities thereby reducing the potential for erosion that has occurred along the banks. The project also includes the construction of maintenance platforms along the canal reach which will ensure access to perfom future sediment removal and maintenance activities. The reduction in velocity will prevent the flushing of silt and sediments from the canal bottom into the District’s C-17 Canal and ultimately into the Lake Worth Lagoon. This project will include three stretches of the Thompson River Canal, from the Earman Canal to Lighthouse Drive (41 5) LF, from Holly Drive to 1-95 (3065 LF) and west of Military Trail from Larch to Vision (approximately 2750 LF). Some incidental flood damage reduction benefits in the Thompson River Canal basin may be realized as a result of the project construction. In 2004, the District recognized the importance of implementing and completing this project as part of the Lake Worth Lagoon restoration effort. 2.0 Obiective The objective for this project is to improve the water quality within the Thompson River Canal and the Lake Worth Lagoon system. Sediment deposits degrade water quality, create anoxic conditions and prevent native plant colonization. A sandy substrate and clear water will encourage the growth of native plants to further decrease the total available nutrient levels. 3.0 Scope of Work The scope of work of this project includes the removal of sediments in the canal, bank restoration, construction of maintenance platforms on each side of the canal, removal of overhanging trees which in some cases were dipping into the canal and restoration of the original canal design cross-section. All work shall be performed in accordance with the applicable regulatory agencies’ permit requirements. Exhibit “A” Statement of Work OT05 1088 4.0 Work Breakdown Structure Proiect Management The CITY shall be responsible for the satisfactory completion of this project and may retain a consultant to provide the professional services needed for surveying, plan preparation and permits, and to provide construction inspection services. The CITY is responsible for project management, budget management and quality control. The CITY is responsible for reviewing and approving deliverables from the consultant to ensure that the project objectives are met. The CITY is responsible for oversight and acceptance of contracted work. Task 1-Construction Task 1 includes dredging, proper disposition of sediment and other waste products, engineering oversight, and project management of the construction activities identified below that are needed to performing the dredging. Construction Issuance of Notice-to-Proceed Implementation of Thompson River Canal Quality Improvements - in accordance with approved plans and specifications and permit requirements Use or disposal of sediment per permit requirements Implementation of permit special requirements including turbidity control measures Progress and final surveying Water quality and sediment testing, as required Construction area access control Community outreach on project status with area residents Other construction activities that are directly and appropriately associated with achieving the project objectives or completing the project scope Engineering Oversight and Proi ect Management Addendums or revisions to design plans and specifications Site Visits Inspection and Testing Construction Observation Preparation of quarterly progress reports to the District Survey As-built Canal Cross Sections and Final Certification Project Management Deliverable: Copy of the Notice to Proceed from CITY to Contractor and Construction Substantial Completion Certification for project Exhibit “A” Statement of Work OT05 1088 EXHIBIT “B” PAYMENT AND DELIVERABLES SCHEDULE Total payment by the District shall not exceed the amount of $285,000.00. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the CITY within the not-to-exceed amounts specified below. Payment by the District is further subject to receipt of documentation to demonstrate completion of each Task in accordance with Exhibit “A” Statement of Work requirements. Task Deliverable Task 1: Notice to Proceed Construction Not-to Exceed 2 months $50,000.00 ~ 12 months $23 5 ,OOO.OO* * $285 .OOO.OO** * All dates are referenced from the date of contract execution. ** The District shall only be obligated to pay for documented actual expenditures within the not-to- exceed amounts specified above. In the event actual expenditures by the CITY are less than the not- to-exceed for a particular phase, the CITY shall have the right to apply the unexpended balance towards a subsequent phase. The CITY shall provide written notice of its decision to exercise this right. In no event shall the District’s total obligation exceed $285,000.00 as specified above. The total estimated cost of the project is $571,000. The CITY’S cost share is $286,000 and is responsible for any additional funds either through local revenues, grants, other appropriations, andor other fimding sources. Exhibit “B” Payment and Deliverable Schedule OT05 1 08 8 I 00 00 2 ORIGINAL SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT AGREEMENT NO. OT051088 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND CITY OF PALM BEACH GARDENS THIS AGREEMENT is entered into as of the South Florida Water Management District (DISTRICT) and the City Of Palm Beach Gardens (CITY). by and between the WHEREAS, the DISTRICT is a public corporation of the State of Florida, created by the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373, Florida Statutes, to include entering into contracts with public agencies, private corporations or other persons; and WHEREAS, the DISTRICT desires to provide financial assistance to the CITY for Thompson River Canal Water Quality Improvements; and WHEREAS, the CITY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and WHEREAS, the Governing Board of the DISTRICT at its March 9, 2005 meeting, approved entering into this AGREEMENT with the CITY; NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. The DISTRICT agrees to contribute funds and the CITY agrees to perform the work set forth in Exhibit “A” attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for removal of sediments, canal bank restoration, construction of maintenance platforms on both sides of the canal, tree removal, and restoration of the original canal design cross-section. 2. The period of performance of this AGREEMENT shall commence on the date of execution of this AGREEMENT and shall continue for a period of eighteen (1 8) months. 3. The total DISTRICT contribution shall not exceed the amount of Two Hundred Eighty-Five Thousand Dollars and No Cents ($285,000.00). The DISTRICT will provide the full amount based on the Payment and Deliverable Schedule set forth in Exhbit “B”, which is attached hereto and made a part of this AGREEMENT. The DISTRICT’S contribution is subject to adequate documentation to support actual expenditures within the not-to-exceed AGREEMENT funding limitation of $285,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. If the total consideration for this AGREEMENT is subject to multi-year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the Agreement No. OT05 1088 - Page 1 of 5 I 1 , I contrary. The DISTRICT will notify the CITY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if fimding is not approved for this AGREEMENT. 4. The CITY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of ths AGREEMENT. The CITY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not-to-exceed AGREEMENT funding limitation. 5. The CITY shall cost share in the total amount of Two Hundred Eighty-six Thousand Dollars and No Cents ($286,000.00) in conformity with the laws and regulations governing the CITY. 6. All work to be performed under this AGREEMENT is set forth in Exhibit “A”, Statement of Work, which is attached hereto and made a part of this AGREEMENT. The CITY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhlbit “A” shall be under the direction of the CITY but shall be open to periodic review and inspection by either party. No work set forth in Exhlbit “A” shall be performed beyond the expiration date, unless authorized through execution of an amendment to cover succeeding periods. 7. The CITY is hereby authorized to contract with thrd parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The CITY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT’S Project Manager, which consent shall not be unreasonably withheld. The CITY agrees to be responsible for the fblfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the CITY shall have joint ownershp rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) andor successor(s) as required by the Exhibit “A”, Statement of Work. Both parties’ rights to deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing, ownership of all equipment and hardware purchased by the CITY under this AGREEMENT shall be deemed to be the property of the CITY upon completion of this AGREEMENT. The CITY shall retain all ownership to tangible property. 9. The CITY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the CITY and the officers, employees, servants and agents thereof. The CITY represents that it is self-funded for Worker’s Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the CITY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT or that it has adequate insurance through the Florida League of Cities. In the event that the CITY subcontracts any part or all of the work hereunder to any third party, the CITY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the CITY. Any contract awarded by the CITY shall include a provision whereby the CITY’s subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the CITY’s subcontract. 10. The CITY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationshp other than that of independent entities, between the DISTRICT, the CITY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT Agreement No. OT051088 - Page 2 of 5 I \ i 12. 13. 14. 15. 16. 17. without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. The CITY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the CITY, upon request, as to any such laws of which it has present knowledge. Either party may terminate this AGREEMENT at any time for convenience upon thuty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the CITY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. The CITY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the CITY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the CITY. The CITY shall maintain records and the DISTRICT shall have inspection and audit rights below. The CITY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The CITY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of ths AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the CITY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. Whenever the DISTRICT’S contribution includes state or federal appropriated funds, the CITY shall, in addition to the inspection and audit rights set forth in paragraph #16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the CITY as set forth in Exhibit “C”. The CITY shall maintain all financialhon-financial records through: (1) (2) (3) Identification of the state or federal awarding agency, as applicable Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement Audit‘accountability requirements for federal projects as imposed by federal laws and regulations Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year (4) (5) B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state’s Chief Financial Officer and the state’s Auditor General and/or federal awarding agency shall have the right to examine the CITY’s financial and non-financial records to the extent necessary to monitor the CITY’s Agreement No. OT051088 - Page 3 of 5 I , , 18. 19. 20. 21. 22. 23. 24. 25. 26. use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District City of Palm Beach Gardens Attn: Jenni M. Hiscock, Project Manager Telephone No. (561) 682-6863 Attn: Rupert Giroux, Contract Specialist Telephone No. (561) 682-2532 Address: P.O. Box 24680 3301 Gun Club Road West Palm Beach, FL 33416-4680 Attn: Angela Wong, Project Manager Telephone No. (561) 799-4127 Address: 10500 North Military Trail Palm Beach Gardens, FL 33410-4634 CITY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationshp unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in thls AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of tlus AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non-binding alternative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of hs AGREEMENT. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Terms and Conditions outlined in preceding paragraphs 1 - 24 (b) Exhibit “A” Statement of Work Agreement No. OT051088 - Page 4 of 5 (c) all other exhlbits, attachments and documents specifically incorporated herein by reference IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute th~s AGREEMENT on the date first written above. SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BOARD By: Frank Hayden, Director of Procurement SFWMD oftice of counsel approved SF pro CITY OF PALM BEACH GARDENS By: Title: Agreement No. OT051088 - Page 5 of 5 EXHIBIT “A” STATEMENT OF WORK THOMPSON RIVER CANAL WATER QUALITY IMPROVMENTS PALM BEACH COUNTY 1.0 Introduction The Thompson River Canal system in Palm Beach Gardens (CITY) is part of the Lake Worth Lagoon Estuary. The 2002 City of Palm Beach Garden’s Stormwater Management Plan prepared by LBFH, Inc. with assistance from the CITY Council Members, City Manager, Public Works Director, CITY staff, and Northern Palm Beach County Improvement District proposed a project to return the Thompson River Canal back to its original design cross-section. This project is expected to decrease flow velocities thereby reducing the potential for erosion that has occurred along the banks. The project also includes the construction of maintenance platforms along the canal reach which will ensure access to perform future sediment removal and maintenance activities. The reduction in velocity will prevent the flushing of silt and sediments from the canal bottom into the District’s C-17 Canal and ultimately into the Lake Worth Lagoon. This project will include three stretches of the Thompson River Canal, from the Earman Canal to Lighthouse Drive (41 5) LF, from Holly Drive to 1-95 (3065 LF) and west of Military Trail from Larch to Vision (approximately 2750 LF). Some incidental flood damage reduction benefits in the Thompson River Canal basin may be realized as a result of the project construction. In 2004, the District recognized the importance of implementing and completing this project as part of the Lake Worth Lagoon restoration effort. 2.0 Obiective The objective for this project is to improve the water quality within the Thompson River Canal and the Lake Worth Lagoon system. Sediment deposits degrade water quality, create anoxic conditions and prevent native plant colonization. A sandy substrate and clear water will encourage the growth of native plants to further decrease the total available nutrient levels. 3.0 Scope of Work The scope of work of this project includes the removal of sediments in the canal, bank restoration, construction of maintenance platforms on each side of the canal, removal of overhanging trees which in some cases were dipping into the canal and restoration of the original canal design cross-section. All work shall be performed in accordance with the applicable regulatory agencies’ permit requirements. Exhibit “A“ Statement of Work OT05 1088 4.0 Work Breakdown Structure Project Management The CITY shall be responsible for the satisfactory completion of this project and may retain a consultant to provide the professional services needed for surveying, plan preparation and permits, and to provide construction inspection services. The CITY is responsible for project management, budget management and quality control. The CITY is responsible for reviewing and approving deliverables from the consultant to ensure that the project objectives are met. The CITY is responsible for oversight and acceptance of contracted work. Task 1-Construction Task 1 includes dredging, proper disposition of sediment and other waste products, engineering oversight, and project management of the construction activities identified below that are needed to performing the dredging. Construction Issuance of Notice-to-Proceed Implementation of Thompson River Canal Quality Improvements - in accordance with approved plans and specifications and permit requirements Use or disposal of sediment per permit requirements Implementation of permit special requirements including turbidity control measures Progress and final surveying Water quality and sediment testing, as required Construction area access control Community outreach on project status with area residents Other construction activities that are directly and appropriately associated with achieving the project objectives or completing the project scope Engineering Oversight and Proiect Management Addendums or revisions to design plans and specifications Site Visits Inspection and Testing Construction Observation Preparation of quarterly progress reports to the District Survey As-built Canal Cross Sections and Final Certification Project Management Deliverable: Copy of the Notice to Proceed from CITY to Contractor and Construction Substantial Completion Certification for project Exhibit “A” Statement of Work OT051088 EXHIBIT “B” PAYMENT AND DELIVERABLES SCHEDULE Total payment by the District shall not exceed the amount of $285,000.00. All invoices shall be accompanied by adequate documentation to support actual expenditures incurred by the CITY within the not-to-exceed amounts specified below. Payment by the District is further subject to receipt of documentation to demonstrate completion of each Task in accordance with Exlubit “A” Statement of Work requirements. Due Date* DISTFUCT** Not-to Exceed Task Deliverable Payment Task 1: Notice to Proceed 2 months $50,000.00 Construction Substantial Completion 12 months $235,000.00** Certification Not-to Exceed Total Payment $285,000.00** * All dates are referenced from the date of contract execution. ** The District shall only be obligated to pay for documented actual expenditures within the not-to- exceed amounts specified above. In the event actual expenditures by the CITY are less than the not- to-exceed for a particular phase, the CITY shall have the right to apply the unexpended balance towards a subsequent phase. The CITY shall provide written notice of its decision to exercise this right. In no event shall the District’s total obligation exceed $285,000.00 as specified above. The total estimated cost of the project is $571,000. The CITY’S cost share is $286,000 and is responsible for any additional fimds either through local revenues, grants, other appropriations, and/or other funding sources. Exhibit “B” Payment and Deliverable Schedule OT05 1088 u , ’ CBIRS Request 106 Page 1 of 2 a’ Community Budget Issue Requests - Tracking Id #lo6 Thompson River Canal Quality Improvements-- Phase 1 Requester: City of Palm Beach Gardens Organization: City of Palm Beach Gard Project Title: 1/14/2004 6:13:56 PM Thompson River Canal Quality Improvements-- Phase 1 Date Submitted Sponsors: Atwater Statewide Interest: The project will provide discharges to the Lake Worth Lagoon in such a way that water and sediment qu meet State water quality standards and will aid in sustaining a healthy estuarine system. Recipient : City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens 33410 Contact: Karen Brandon, P.E. Contact Phone: (56 1) 684-3375 Contact email: Counties: Palm Beach Gov’t Entity: Yes Private Organization (ProfitlNot for Profit): Project Description: Re-establishing the design cross-section within these reaches of the Thompson River Canal will significa decrease flow velocities thereby reducing the potential for erosion that has historically occurred along tht banks. The reduction in velocity will prevent the flushing of silt and sediments from the canal bottom intr SFWMD C-17 Canal and ultimately into the Lake Worth Lagoon. Is this a water project as described in Chapter 2002-291, Laws of Florida? DEP Identfying Number: sw200220 YeS Yes Has the project been submitted to the Department of Environmental Protection? Measurable Outcome Anticipated: The restored section will provide additional storage during storm events, increased conveyance capacity, turn will reduce erosive velocities and will additional provide for improved water quality downstream. Amount requested from the State for this project this year: $285,000 Total cost of the project: $571,000 Request has been made to fund: Construction What type of match exists for this project? Local Cash Amount $286,000 Was this project previously funded by the state? No http://www.flsenate.gov/data//PublicationsROO~/senatelreportslbudget~issues/SENReq 106. .. 1 2/7/2004 , CBIRS Request 106 Page 2 of 2 .' Is futurc-year funding likely to be requested? YeS Amount: $400,000 To Fund: Construction Was this project included in an Agency's Budget Request? No Was this project included in the Governor's Recommended Budget? No Is there a documented need for this project? Yes City of Palm Beach Gardens Stormwater Management Plan, Jan. 2002 Documentation: Was this project request heard before a publicly noticed meeting of a body of elected officials (municipal, county, or state)? Yes Hearing Body: Hearing Meeting Date: 12 '96/2002 Palm Beach County Legislative Delegation http://www.flsenate.gov/data//Publications/2OO4/senate/r~o~s~udget~issue~SENReqlO6.. . 1 2/7/2004 i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: February 11,2005 Meeting Date: March 17,2005 Resolution 38,2005 SUBJECT / AGENDA ITEM: Resolution 38,2005: NorthCorp Lot 4 - Art in Public Places Consideration of Approval: A request by Lucy Keshavarz, agent for John C. Bills Enterprises, for approval of the proposed Art in Public Places for Lot 4 of the NorthCorp Planned Community Development (PCD). The subject site is generally located at the northwest comer of Bums Road and East Park Drive. [ X ] Recommendation to APPROVE with one condition [ ] Recommendation to DENY Reviewed by: Planning & Zoning Director: z Tala1 Benothman, AICP Christine Tatum Develooment Comoliance: - Bah eh Wolfs, AICP &wth Management Charles K. Wu, AICP Approved by: Originating Dept.: Growth Management: Manager ds Autumn Sorrow Planner [ ] Quasi - Judicial [ ] Legislative [ ] Public Hearing Advertised: NIA Date: Paper: [XI Not Required Affected parties: [ ]Notified [XI Not Required FINANCE: NA Costs: $ NA Total $ NA Current FY Funding Source: [ 3 Operating [XIOther NA Budget Acct.#: City Council Action: [ ] Rec. approval [ 3 Rec. app. wl conds. [ 3 Rec. Denial [ ] Continued to: Attachments: Resolution 38,2005 Resolution 43,2002 0 Applicant’s request Site location ArtBudget Breakdown Artist Resume ProposedArt [ ]None EXECUTIVE SUMMARY The subject petition involves a request to install a sculpture entitled, “Lion Around”, just north of the site entrance off of East Park Drive, approximately 15 to 20 feet from the entry curb within the NorthCorp Planned Community Development (PCD) in order to satisfy the Art in Public Places requirement for Lot 4 of the NorthCorp PUD. “Lion Around” was created by Mr. Paul Baliker, a Florida artist. The sculpture is valued at $16,000, plus associated costs for a total of $27,510. At its February 10, 2005 meeting, the Art in Public Places Advisory Board reviewed the subject petition and recommended approval to the City Council with a vote of 7-0. Staff recommends approval of Resolution 38,2005 with one (1) condition. BACKGROUND With the adoption of Resolution 43, 2002, the City Council approved the construction of two (2) identical 45,144 square-foot buildings within the South Park Center of the NorthCorp Planned Community Development (PCD) on Lots 4 and 5. Subsequently, the City Council approved Resolution 17, 2003, on January 16, 2003, which amended the previously approved Resolution 43, 2003, to modify the timing of the installation of the required perimeter landscape buffers for Lots 4 and 5. On January 15, 2004, the City Council adopted Resolution 3, 2004, which approved a principle building identification sign for the building located on Lot 4. Subsequently, on May 20, 2004, the City Council adopted Resolution 98, 2004, which approved minor architectural modifications to the buildings located on Lots 4 and 5 and two (2) principle building identifications signs on Lot 5. Per Section 78-262 of the Land Development Regulations, “Fee imposed on development,” all budgets for new construction of private and public developments shall include 1% of the total budgets for vertical construction as a fee for art in public places. The subject fee shall be used by the developer for the provision of artwork on the project site, or the developer may choose to contribute 1 % of the total building construction costs directly to the City for the provision of art on public property, including public rights-of- way. Under the terms of Section 78-261 of the Land Development Regulations, the petitioner has posted an escrow in the amount of $27,000 with the City, which represents one percent of the total construction costs for the building located on Lot 4. The applicant has indicated that the cost of the proposed sculpture would be $27,510.00 (Please see attached budget breakdown). It is important to mention that the Art-in-Public-Places requirement will be applied separately to Lot 5 prior to the issuance of the first building permit for the building located on Lot 5, consistent with Section 78-262 of the Land Development Regulations. 2 i * Date Prepared: February 11,2005 Meeting Date: March 17,2005 Resolution 38,2005 Date Prepared: February 11,2005 Meeting Date: March 17,2005 Resolution 38,2005 PROPOSED ART IN PUBLIC PLACES The applicant has selected art work created by Mr. Paul Baliker, a Florida artist whose art pieces are currently being shown in public and private spaces in Florida and in various states around the country. A resume for Mr. Baliker is attached for your review. The placement of the art work is proposed just north of the site entrance off of East Park Drive, approximately 15 to 20 feet from the entry curb. This location was previously recommended by the Art in Public Places Advisory Board as being the most appropriate location for the benefit of the public. The applicant is proposing a sculpture that is reflective of Florida’s natural history. The proposed sculpture, titled “Lion Around”, is a life size sculpture of a Florida Panther. The sculpture will be bronze and will rest upon a two-foot limestone rock base. The sculpture, including the two-foot base, measures 8’ X 7’ X 5’. The sculpture will be placed in a natural setting, in front of a large live oak tree, surrounded by a pallet of variegated liriope, blue plumbago, and fakahatchee grass. The artwork will be illuminated with two (2) flood lights placed in front and the sides of the sculpture. The applicant states that the angled lighting will emphasize depth and details of the sculpture. ART IN PUBLIC PLACES ADVISORY BOARD RECOMMENDATION On February 10, 2005, the Art in Public Places Advisory Board reviewed the proposed art for Lot 4 of the NorthCorp PCD and recommended approval with a vote of 7-0. STAFF RECOMMENDATION Staff recommends APPROVAL of Resolution 38, 2005, subject to the condition provided therein. 3 Date Prepared: February 11,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 38,2005 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC PLACES PROPOSAL FOR LOT 4 OF THE NORTHCORP PLANNED COMMUNITY DEVELOPMENT (PCD), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR ONE CONDITION OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 21, 2002, the City Council adopted Resolution 43, 2002, which approved the site plan for the construction of two identical 45,144-square-foot buildings located on Lots 4 and 5 of the South Park Center Plat within the NorthCorp Center Planned Community Development (PCD); and WHEREAS, on January 16, 2003, the City Council adopted Resolution 17, 2003 which amended Resolution 43, 2002, by modifying the timing of installation for required landscape buffers; and WHEREAS, on January 15, 2004, the City Council adopted Resolution 3, 2004, which approved a principal building identification sign located on Lot 4 of the NorthCorp Planned Community Development (PCD); and WHEREAS, on May 20,2004, the City Council adopted Resolution 98,2004, which amended Resolution 43, 2002, by approving minor architectural changes to approved buildings on Lots 4 and 5 of the NorthCorp PCD and two principal building identification signs on Lot 5, which is part of the NorthCorp Planned Community Development (PCD); and WHEREAS, Lucy Keshavarz, agent for John C. Bills Enterprises, has submitted an application (AlPP-05-02) seeking approval of artwork for Lot 4 of the NorthCorp PCD, which is generally located at the northwest corner of Burns Road and East Park Drive, as more particularly described herein; and WHEREAS, the Growth Management Department has reviewed said application and has determined that it is sufficient; and WHEREAS, on February 10, 2005, the Art in Public Places Advisory Board reviewed said application and recommended approval to the City Council; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. Date Prepared: February 11,2005 Resolution 38, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION I. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council hereby approves the proposed art for Lot 4 of the NorthCorp PCD located on the following described real property: LEGAL DESCRIPTION: LOTS 4 AND 5 OF SOUTH PARK CENTER, ACCORDING TO THE PLAT THEREOF, RECORDED IN PLAT BOOK 67, PAGE 87, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAID LANDS SITUATE, LYING, AND BEING IN PALM BEACH COUINTY, FLORIDA. SECTION 3. Said approval shall be consistent with plans and documents filed with the City’s Growth Management Department as follows: 1. “Lion Around” elevation view prepared by Paul Baliker, received by the City on January 21,2005 (sheet 1 of I). 2. “Lion Around” plan view prepared by Paul Baliker, received by the City on January 21,2005 (sheet 1 of I). 3. NorthCorp Lot 4, Art in Public Places Preliminary Cost Estimate, received by the City on January 21,2005 (sheet 1 of 1). 4. Renderings of work of art entitled “Lion Around” by Paul Baliker, received by the City on January 21 2005 (sheet 1 of 1). 5. Location on Landscape Plan, received by the City on January 21,2005 (sheet 1 of 1). SECTION 4. Said art-in-public-places approval shall comply with the following additional condition, which shall be binding upon the applicant, its successors, assigns, and/or grantees: 1. The applicant shall be responsible for maintenance of the approved lighting and the approved art in public places. (Planning & Zoning) SECTION 5. This 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. This Resolution shall become effective immediately upon adoption. 2 Date Prepared: February 11,2005 Resolution 38,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: Mayor ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: BY: Christine P. Tatum, City Attorney VOTE: MAYOR VICE MAYOR COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER AYE NAY ABSENT \\Pbgsfile\Attorney\attorney_share\RESOLUTIONS\AIPP-northcorp lot 4 - reso 38 2005.doc 3 Meeting Date: March 21,2002 Date Prepared: March 7,2002 RESOLUTION 43,2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF TWO PROFESSIONAL OFFICE BUILDINGS TOTALING 90,288 SQUARE FEET ON LOTS 4 & 5 OF THE NORTHCORP PLANNED COMMUNITY DISTRICT (PCD), LOCATED AT THE SOUTHERN END OF THE NORTHCORP PLANNED COMMUNITY DISTRICT, BETWEEN RIVERSIDE DRIVE AND EAST PARK DRIVE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance 1 , 1990 approved the NorthCorp PCD; and WHEREAS, Ordinance 1 , 1990 provided that subsequent approvals for parcels within the PCD were to be processed as major site plan approvals without public notice and advertising and were to be approved by resolution; and WHEREAS, the City of Palm Beach Gardens received a site plan application from Northcorp Center, Inc. for the construction of two identical 45,144 square-foot Professional Office buildings and related improvements on lots 4 & 5 within the South Park Center Plat of the NorthCorp Planned Community District, as more particularly described in Exhibit “A attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and that it is consistent with the City’s Comprehensive Plan and Land Development Regulations; and WHEREAS, on September 25, 2001, the Planning and zoning Commission recommended approval of the site plan application known as “NorthCorp Lots 4 & 5,” subject to conditions stated herein. Resolution 43,2002 Meeting Date: March 21,2002 Date Prepared: March 7,2002 NOW, THEREFORE, BE IT RESOLVED 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 of the City of Palm Beach Gardens, Florida hereby approves the site plan for Lot 4 and Lot 5 within the South Park Center Plat, as more particularly described in Exhibit “A attached hereto, to provide for the construction of two 45,155 square foot professional office buildings. Section 3. All provisions and conditions of Ordinance 1, 1990 shall remain in full force and effect. Section 4. This approval is subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. The applicant shall provide the same architectural treatments depicted on the east elevation on the west elevations of the buildings. (Planning & Zoning ) 2. At the time of construction plan review, the phasing plans must meet with the approval of the City Engineer. If not, all site infrastructures shall be required to be completed prior to the issuance of the first Certificate of Occupancy. (City Engineer) 3. Within six (6) months of this approval, the entire perimeter landscape buffers must be completed or no further permits or inspections will be issued for the project site, until complete. (City Forester) 4. In the event that the applicant requests a Certificate of Occupancy for phase I prior to receiving a building permit for phase II, the building area of phase II shall be irrigated and sodded prior to the issuance of the Certificate of Occupancy, unless otherwise approved by the Growth Management Director. (City Forester) Section 5. The following waivers are hereby granted with this approval: 1. Section 78-345 (d)(3) - Increase in Parking Spaces, to allow an additional 17.2% (47 spaces) over the minimum required parking spaces. The Land Development Regulations allow a maximum 10% over the minimum required parking spaces. 2. Section 78-344 (I) - Parking Stall and Bay Dimensions, to allow 9’ X 18.5’ parking stalls. The Land Development Regulations require a minimum 10’ X 18.5’ parking stall. Section 6. The proposed development shall be in compliance with the following plans on file with the City’s Growth Management Department: Resolution 43,2002 Meeting Date: March 21,2002 Date Prepared: March 7, 2002 1. January 30, 2002 Site Plan, 'Urban Design Studio (1 sheet total) 2. January 30, 2002 Landscape Plan, Urban Design Studio, (2 sheets total) 3. November 29, 1999 Site Lighting Plan, Urban Design Studio, (1 sheet total) 4. October 21, 1999 Boundary and Topographic Survey, Keshavarz & Associates, (1 sheet total) 5. Drainage plan 6. November 29, 1999 Front Elevation/Floor Plan, D. William Beebe, (1 sheet total) 7. November 29, I999 East/North/South Elevations, D. William Beebe, (1 sheet total) 8. November 5, 1999 Roof Plan, D. William Beebe, (1 sheet total) 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 d I '' OF r/ln KC (* 2002. FORM AND SUFFICIENCY BY: CITY ATTORNEY 3 .I VOTE: MAYOR J.Bi.tA, VICE MAYOR &.I COUNCILMEMBER COUNCILMEMBER COUNCILMEMBER Resolution 43,2002 Meeting Date: March 21, 2002 Date Prepared: March 7,2002 NAY ABSENT 4 .. .. .. . -. Lots + and 5, of SO in Plat Book 67, Pa said lands situate, I! - . . . -. . . ... .- .. . Resolution 43, 2002 Meeting Date: March 21,2002 Date Prepared: March 7,2002 EXHIBIT “A” TH P. .RK CENTER, according to the Plat thereof, recorded 3 87, of the Public Records of Palm Beach County, Florida; ig and being in Palm Beach County, Florida. 5 Art G Culture /- I The low art many other this project Around, a art &cultural budget, limited space appropriate for public art on site as well as factors limited the possibilities and made the public art component of quite challenging. However, we are excited to have located Lion life size, realistic bronze sculpture of a Florida Panther by sculptor Paul progarnrning design and consulting 66 St. James Drive Palm bch Gardens January 201 2005 Re: Lot , NorthCorp Center Pro t sed Public Art Dear AIPP bdvisory Committee Members: On behalf f John C. Bills Enterprises, it is my pleasure to submit the following informatio for your review and request a positive final recommendation to the City Counc 1 of Palm Beach Gardens for the proposed public art for Lot 4, NorthCorp enter. The completed building is located at 4750 East Park Drive; the lot of w ‘ch is between Riverside Drive and East Park Drive directly north of Burns Roa in Palm Beach Gardens. NorthCorp Center is a light industrial PCD. The requir art fee of $27,000.00 was escrowed in January 2003. 4 will be located north of the entrance approximately 15 to 25 feet curb and between 21 to 30 feet west of the property line parallel to This location is within the property lines and does not interfere or Safe Sight Triangle. lpture in a “natural setting” in front of a large live oak d of landscaping which currently includes variegated liriope, blue fdcahatchee grass. To further the naturalistic setting and allow , a slightly elevated grouping of natural limestone led and the sculpture securely attached. The area around the with the previously approved plants; variegated atchee grass. This will be done in an appropriate e input of the artist Paul Baliker and with consideration of lighting ess to the sculpture. 11 be illuminated with two spot flood lights placed in er of the sculpture. The angled lighting will emp 2 Please find process: 0 Lot 0 Public Color Artist 0 Plan the following information enclosed for review in this approval Siteplan 4 location art budget information Photographs of bronze sculpture Lion Around Bio Photographs of entry area Location on site plan Elevation view sketch view sketch Ligbting cut sheets art installation would begin immediately upon City Council expect completion, including lighting and re-landscaping within to meeting with the members of AIPP Advisory Committee to request and answer any questions you may have. ~~-- I ucy M. F. Keshavarz ‘>/Arts Consu[tant to John C.’Bills Enterprises I Northcorp Lots 4 & 5 Palm Beach Gardens, Florida Site Plan Public Art Budset a Lot 4, NorthCorp Center Public art fee: $27,000.00 in escrow (please see following page giving consrtuction breakdown) Cost breakdown of proposed public art: $16,000.00 bronze sculpture of "Lion Around" $960.00 sales tax $4,050.00 arts consultant fee $3,000.00 electrical feed & lighting $2,500.00 site prep, install of limestone rock base & landscaping $1,000.00 installation of sculpture & equipment $27,510.00 Total cost I Paul A. Baliker The Baliker Gallery 5928 North Oceanshore Blvd. Palm Coast, FL 32137 www.paulbaliker.com Biography STATEMENT A passion for nature has inspired me to create a body of work that is environmental in pith. I endeavor to capture a moment in wood or bronze and express potential for a symbiotic relation with nature. ART IN PUBLIC PLACES. life sue and monumental Colorado Florida City of Loveland - “Tortugas del Mar” bronze, “Cty for Help” bronze Daytona Beach International Airport - “Nature’s Way” wood Daytona Beach Community College - “Wellspring” bronze Daytona Beach City Island Library - “Fishful Thinking” wood Justice Building, Deland - “Lady Justice” bronze Ocean Convention Center, Daytona Beach - “Ligea ” wood Orange County Convention Center - “Wellspring” bronze Ormond Beach City Hall - “Surface bound” bronze Ormond Beach Public Library - “Tortuga Grande” bronze Ponce Inlet/Marine Science Center - “Wellspring” wood Riviera Park, Ormond Beach - “Tortugas del Mar” bronze Museum Of Arts And Sciences - “Blue Illusions” bronze Na Aina Kai Botanical Garden - “Fish Story” City of Elk Grove - “Water Baby ”, bronze Meijer ’s Sculpture Garden - “Lion Around” bronze Tassel Sculpture Garden - “Fish Story ’’ bronze Cole’s Sculpture Garden -“Fish Story” life size bronze, “The Wind ’’ monumental bronze Hawaii Illinois Michigan Oklahoma CORPORA TE COLLECTIONS, Beuter Engineering Michigan - “Tender Moment” wood, “Metamorphosis I ” bronze, “Fairy Tale ” bronze, “Surface Bound I’ bronze Culoosa Cove, Florida Keys - “Fish Story”, monumental bronze Cob and Cole. Florida - “Bird in Hand”, wood Clark Corporation, Florida - “Dreamers”, life size portraiture, Tortugus del Mar” life size br_opzc, “Fishful Thinking life size bronze Hammock Dunes Golf Resort, Florida - “Tortugas Del Mar” life size bronze The Greek Course Of Hammock Dunes, Florida- “Winciswept ”, wood Crawford Professional Building, North Carolina - “Fish Master”, wood Emuire State Building, NYC - “Evolution”, wood 1 . . /?.” I *. R 4 ~ ’; CWOFPB 2I JAN 2 I 2005 j’ / DIVISION =; b h PlANNUvG Paul A. Baliker The Baliker Gallery 5928 North Oceanshore Blvd. Palm Coast, FL 32137 www.paulbaliker.com 2 Gavlord Palms Resort and Convention Center, Orlando - “Jump for Joy” monumental bronze JD Edwards Corporation. Colorado -”...and Feed”Em for a Lifetime life size bronze portraiture Jeter CorDoration, Connecticut - “Gustaf ’ life size bronze selfportrait, ”Fishful Thinking” bronze, “Wind on Water” wood, “The Odd Couple” wood Marriot, Florida - ”Water babies” life size bronze MonacoSmith and Hood, Florida - ”Fish master” wood Naunle and Comuanv, Oklahoma - “Lion Around” life size bronze Oceanside Countrv Club - “Metamorphosis I I ’’ bronze, “Surface Bound” bronze Rav Ed& Coruoration - “Ray’s Rays” wood, “Floridians in Peril” wood Rav Fernuson, Texas - “Wind on the Mane” life size wood, “Untitled” life size wood MEDIA WCEU-TV - Documentary “For the Love of Manatee” taped around creation of sculpture “Wellspring” LifesSryles of the Rich and Famous Oklahoma Public TV John Fox ’ Outdoor Adventures WNDB Talk Radio WESH-TV statewide coverage of Government Building controversy WESH- TV statewide coverage of Justice Building controversy The sculpture will be located north of the entrance approximately 15 to 25 feet from the entry curb and between 21 to 30 feet west of the property line parallel to East CI park Drive. his location is within the property lines and does not interfkre with the Utility Easement or Safe Sight Triangle. I. . - This location places the sculpture in a ''natural setting'' in fiont of a large live oak tree and in a bed of landscaping which currently includes variegated liriope, blue plumbago and fakahatchee grass. To further therumdlsb - 'c setting and allow more visibility of the sculpture, a slightly elevated grouping of natural limestone rock will be installed and the sculpture securely attached. The area around the sculpture will be re- landscaped with the previously approved plants; variegated liriope, blue plumbago and fdcdmtchee grass. This will be done in an appropriate manner, with the input of the artist Paul Baliker and with consideration of lighting and visual access to the sculpture. 3" ' 11 i Scale 1 inch = 20 feet Lion Around life size bronze sculpture of Florida Panther by Paul Baliker 42” high x 5 1” long x 27” deep Limited edition of 11 I v: r r Entrance to Lot 4, NorthCorp Center 4750 East Park Drive Entrance looking towards Northwest Entrance looking towards Southwest Proposed location of public art City of Palm Beach Gardens Council Agenda March 17,2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 334 10 Mayor x&bJ Council Member Vice Mayor (Wxo Council Member Levy Council Member d I. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 17,2005 7:OO P.M. EDGE OF ALLEGIANCE 11. ROLLCALL 111. ELECTION: a. (Staff Report on Pa~e 6, Rcuolirtion on Pwe 8) Resolution 41, 2005 - Declaring results of the March 8,2005 General Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the General Election held on March 8,2005; and providing an effective date. J b. Administer Oath of Office. REORGANIZATION: J 1. Appointment of a Temporary Chairman to appoint Mayor. J2. Appointment of Mayor. i3. Appointment of Vice Mayor. J4. 1Staff Report on Patre 16. Resolution on Page 18) Resolution 42, 2005 - Appointment of Mayor and Vice Mayor. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for the City; and providing an effective date. 5. Appointment of Council to External Boards. IV. ADDITIONS, DELETIONS, MODIFICATIONS: V. ANNOUNCEMENTS / PRESENTATIONS: VI. ITEMS OF RESIDENT INTEREST: @;)\ # dp & -Pdd Lll M-+!! a. (Staff Report on Paxe 20, Ordinance on Page 47) Ordinance 9, 2005 - Comp Plan Conservation Element amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Conservation Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the protection of environmentally sensitive areas and listed species; and providing an effective date. b. (Staff Report on Page 52, Ordinance oil Page 94) Ordinance 4, 2005 - Comp Plan Future Land Use Element text amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida Amending the Future Land Use Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the Pub Wlnstitutional uses within the Mixed-Use Land Use Designation; and providing an effective date. C. [Staff Report on Page 09, Ordinance on Page 262) Ordinance 7, 2005 - Comp Plan Future Land Use Map amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a Land- Use Map Amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain properties consisting of approximately 708.14 acres, generally located at the North East side of the intersection of Hood Road and the Florida Turnpike and South of Donald Ross road, commonly referred to as “Briger Tract,” to change the land-use designation from Commercial (C) and Residential Low (RL) land-use designation to Mixed-Use (MXD) land-use designation; and providing an effective date. JVII. CITY MANAGER REPORT: VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit reauest form to the City Clerk prior to this Item) IX. CONSENT AGENDA: a. (Page 269) Approve Minutes from the February 17,2005 regular City Council meeting. fd 5-* b. (Staff Report on Page 278, Resolution 011 Page 280) Resolution 40, 2005 - Mirasol Plat Six. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Mirasol Plat Six plat; and providing an effective date. PUBLIC HEARINGS: Part I - Ouasi-iudicial a. (Staff Report on Page 304, licsolation oil Page 416) Resolution 34, 2005 - Approve a site plan for Pod C of the Frenchman’s Reserve PCD. A Resolution of the CiW Council of the City of Palm Beach Gardens, Florida approving a site plan ie Planned Community Development (PCD) to allow the construction of 48 zero-lot-line, single-family homes on an approximately 12.68-acre parcel; providing for waivers; and providing an effective date. b. 1Staff Report on Page 422, liesolution on Page 431) Resolution 36. 2005 - Northern Palm Beach County Improvement District Emergency Operations Center (EOC) amendment to an approved site plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment to allow for a 13,366-square-foot building and a 375-square-foot above-ground gas storage facility to be located on lot 4 of the PGA National Commerce Park Planned Unit Development (PUD), a 3.26-acre parcel which is located within the PGA National Development of Regional Impact (DRI), generally located at the Northwest intersection of the Ronald Reagan Turnpike and Northlake Boulevard, as more particularly described herein; providing for waivers; providing for conditions; and providing an effective date. Part I1 - Non-Ouasi-judicial XI RESOLUTIONS: [Staff Report oii Page 469, Resolution on I’arw 471) Resolution 37, 2005 - Agreement with South Florida Water Management District For Thompson River Canal Water Quality Improvements. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a funding agreement with the South Florida Water Management District for Stormwater improvements to the Thompson River Canal; and providing an effective date. f-O b. [Staff Report on Pwe 494, liesolution oii Page 497) Resolution 38, 2005 - Approving The Art in Public Places Proposal for Lot 4 of the Northcorp PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for Lot 4 of the Northcorp Planned Community Development (PCD), as more particularly described herein; providing for one condition of approval; and providing an effective date. XII. ORDINANCES: (For Consideration on First Reading) XIII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIV. CITY ATTORNEY REPORT: . '. XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. City of Palm Beach Gardens Council Agenda March 17,2005 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor RVSO Vice Mayor 3 RtWw Council Member Council Member Council Member E CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 17,2005 7:OO P.M. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL 111. ELECTION: a. 4,' {Staff Report on Page 0, Iicsolution on Page 8) Resolution 41, 2005 - Declaring results of the March 8, 2005 General Election. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the General Election held on March 8,2005; and providing an effective date. b. Administer Oath of Office. 7 'I REORGANIZATION: 1. 2. Appointment of Mayor. c-d Appointment of a Temporary Chairman to appoint Mayor. I- 0 3. Appointment of Vice Mayor. 63etC F-0 4. IStaff Report on Page 10, Resolution OJI Paw 18) Resolution 42, 2005 - Appointment of Mayor and Vice Mayor. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Mayor and Vice Mayor for the City; and providing an effective date. 5-0 ,t';03 -59 Appointment of Council to External Boards. g ; 0 2r IV. ADDITIONS, DELETIONS, MODIFICATIONS: f-* /+lqw 9 mg wc flmN5 wfmw V. ANNOUNCEMENTS I PRESENTATIONS: a 03s. a. JStaff Report on Pagc 20, Ordinance on Page 47) Ordinance 9, 2005 - Comp Plan Conservation Element amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending the Conservation Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the protection of environmentally sensitive areas and listed species; and providing an effective date. Icl~~ jStaff Report on Page 52, Ordinance 011 Page 94) Ordinance 4, 2005 - Comp Plan Future Land Use Element text amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida Amending the Future Land Use Element of the Comprehensive Plan of the City of Palm Beach Gardens relating to the Publichstitutional uses within the Mixed-Use Land Use Designation; and providing an effective date. jStaff Report on Page 99, Ordinance on Page 262) Ordinance 7,2005 - Comp Plan Future Land Use Map amendment. (For Discussion). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for a Land- Use Map Amendment to the Comprehensive Plan of the City of Palm Beach Gardens relating to certain properties consisting of approximately 708.14 acres, generally located at the North East side of the intersection of Hood Road and the Florida Turnpike and South of Donald Ross road, commonly referred to as “Briger Tract,” to change the land-use designation from Commercial (C) and Residential Low (RL) land-use designation to Mixed-Use (MXD) land-use designation; and providing an effective date. L(oqa + cavuc/c + 8~- Dw &quo b. ~,,pm~ ~1~0 \s cmurmq~ ,urn n~d Jav c- /P rnrnkpJmFF C. cimqcr w~wi+w WP m w p!y7 LJm 5P45 IPVlRn> pD 7245 rslw k3ND FWD mf- 7)/lkyUM7p ryhD 8 VII. CITY MANAGER REPORT: VIII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the Citv Clerk prior to this Item) wow sw 8 3-t ?:od m R6fw VITbS( ChMa/;rJ RID 7@X@ b, btWJ9~J0 4- f +J -3 +-Amy a< IX. CONSENT AGENDA: 9’* 5/* a. {Pape 269) Approve Minutes from the February 17,2005 regular City Council meeting. 7;13 SOVW’CW UY 6H A sb~~? JStaff Report on Page 278, Resolutiqn on P%%8Ormok%on 40, 2005 - Mirasol Plat Six. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving Mirasol Plat Six plat; and providing an effective date. a#rz~icnt up M RWw- 87 b. a X. PUBLIC HEARINGS: Part I - Ouasi-judicial jStaff Report on Page 303, itcsolution on Page 416) Resolution 34, 2005 - Approve a site plan for Pod C of the Frenchman's Reserve PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan for Pod C of the Frenchman's Reserve Planned Community Development (PCD) to allow the construction of 48 zero-lot-line, single-family homes on an approximately 12.68-acre parcel; providing for waivers; and providing an effective date. 937". j?/- 0 b. {Staff Report on Page 422, Resolution on Page 431) Resolution 36, 2005 - Northern Palm Beach County Improvement District Emergency Operations Center (EOC) amendment to an approved site plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment to allow for a 13,366-square-foot building and a 375-square-foot above-ground gas storage facility to be located on lot 4 of the PGA National Commerce Park Planned Unit Development (PUD), a 3.26-acre parcel which is located within the PGA National Development of Regional Impact (DRI), generally located at the Northwest intersection of the Ronald Reagan Turnpike and Northlake Boulevard, as more particularly described herein; providing for 913= L'-O , waivers; providing for conditions; and providing an effective date. 10:43 /YFultMYh, mn, mc wm7P.. o(J?T/Df Part I1 - Non-Ouasi-iudicial c~~~~ g~cc MWcH 31g l0;42, fm nrcMku Ymf MWx W0 Jot!- WILL em. ND &mv- b*K w ci.crc jStaff Report on Page 469, Resolution on Page 471) Resolution 37, 2005 - Agreement with South Florida Water Management District for Thompson River Canal Water Quality Improvements. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a funding agreement with the South Florida Water Management District for Stormwater improvements to the Thompson River Canal; and providing an effective date. XI RESOLUTIONS: a. q:y4 g+ 0 lStaff Report on Page 494, Resolution 011 Page 497) Resolution 38, 2005 - Approving The Art in Public Places Proposal for Lot 4 of the Northcorp PCD. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the Art in Public Places proposal for Lot 4 of the Northcorp Planned Community Development (PCD), a$ more particularly described herein; providing for one condition of approval; and providing an effective date. 49- @J@ /d!OL RCISO s,mY (3 os XII. ORDINANCES: (For Consideration on First Reading) XV. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if avzy interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony aad evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistmce at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation the City Clerk prior materials must be received by to the presentation to the Council. COMMENTS FROM THIE PUBLIC Request to Address City Council Please Print , Name: T&m bL City: ff5 d cs- Address: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”, This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Please Print L COMMENTS FROM THE PUBLIC Request to Address City Council / City: fBL- Subiect: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”, This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: GoLhXJ Jou /,9 5 Address: &Go- r_ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Soe. A.-bh?Xc, Address: q335 €Qm A-JG City: P Bc- 334\ 0 Subject : FVw*45 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Pript /. Address: City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Address: City: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council rn (23 !,&o, City: -r, Subject: 0h.O q:% 0% Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print ~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to %he commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print City: 3’@6 Subject: CoNGer3 7-5 Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC uest to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council 8 idL-5 Please Print Name: Address: City: !!I6 33 Subject: c Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”, This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print /----a Name: \ QCLZ ~~~ ~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Address: City: ~ ~ ~ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print City: Subject: Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: City: , B.G. Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THIE PUBLIC Request to Address Ciw Council City: Subject: \\ Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: /A”@ RoSm-i~4*,7 City: Q43 F- Address: LS &JJ\/Ca.4 m f7 Subject : Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”, This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”, This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Members of the public may address the City Council during the “Comments by the Public” portion of the agenda and during “Public Hearings”. This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. DR. ARTHUR ANDERSON Supervisor of Elections WEST PALM BEACH, FL 3341 5 POST OFFICE BOX 22309 WEST PALM BEACH, FL 3341 6 TELEPHONE: (561 I 656-6200 FAX NUMBER: (561 I 656-6287 WEBSITE: www.pbcelections. org March 11, 2005 TO: RE: CITY OF PALM BEACH GARDENS MUNICIPAL ELECTION - MARCH GTH, 2005 Attached are the Certifications for the Municipal Elections that were held on March 8'h. Please note that the Absentee Ballot, Provisional Ballot and voting machine turn out columns reflect totals for all municipalities involved in that particular election. You need to look in the columns for the individuial candidate to determine how many votes were cast in your municipality. If you have any questions, please feel free to contact our office. Charmaine A Kelly Chief Deputy CKJsmc Attach . L.\Smc\CharmaineU)B 08.05 ElecMuni\Cennicalions doc L & COUNCIL-GROUP 5 - PALM BEACH GARDENS 01016 Election Day 01018 Election Day 01019 Election Day 01 022 Election Day 01 024 Election Day 01 033 Election Day 01 036 Election Day 01038 Election Day 01 039 Election Day 01040 Election Day 01042 Election Day 01 044 Election Day 01 046 Election Day 01 048 Election Day 01 050 Election Day 01114 Election Day 01116 Election Day 01130 Election Day 01132 Election Day 01134 Election Day 01142 Election Day ‘I Statement of vole ’ Palm Beach Couhty U n iform-M u nicipal-2U05 311 012005 I Registered 1,464 2 0 571 797 0 2,468 1,393 1,071 1,954 2,200 1,902 1,881 698 1,596 965 382 1,308 1,952 972 2,124 Turnout Percent 338 23.09% 338 23.09% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 82 14.36% 82 14.36% 57 7.15% 57 7.15% 0 0.00% 0 0.00% 543 22.00% 543 22.00% 363 26.06% 363 26.06% 224 20.92% 224 20.92% 384 19.65% 384 19.65% 719 32.68% 719 32.68% 429 22.56% 429 22.56% 270 14.35% 270 14.35% 115 16.48% 115 16.48% 288 18.05% 288 18.05% 404 41.87% 404 41.87% 63 16.49% 63 16.49% 226 17.28% 226 17.28% 363 18.60% 363 18.60% 54 5.56% 54 5.56% 343 16.15% 343 16.15% 1 253 253 0 0 0 0 55 55 40 40 0 0 404 404 282 282 176 176 193 193 603 603 269 269 161 161 51 51 186 186 302 302 32 32 99 99 I55 155 26 26 210 21 0 2 53 53 0 0 0 0 20 20 12 12 0 0 96 96 54 54 28 28 92 92 69 69 93 93 72 72 44 44 75 75 36 36 27 27 102 102 133 133 18 18 72 72 3 30 30 0 0 0 0 6 6 5 5 0 0 42 42 25 25 20 20 95 95 41 41 61 61 35 35 18 18 23 23 62 62 4 4 23 23 75 75 9 9 57 57 March 10, 2005 12:06 PM Page 1 of 2 'I I' Statement of Vote Palm Beach Couhty Uniform-Municipal-20b5 3 311 012005 COUNCIL-GROUP 5 - PALM BEACH GARDENS 01 156 Election Day 01162 Election Day 01 204 Election Day Provisional Provisional Absentee Absentee Voting Machine Absentee Candidates I JodyBarnett 2 Annie Delgado 3 Clay Harrow Registered 2,286 1,989 171 0 0 0 30,146 Turnout 195 195 440 440 9 9 9 9 1,222 1,222 1.693 1,693 8,833 Percent 8.53% 8.53% 22.12% 22.12% 5.26% 5.26% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 29.30% 1 2 113 56 113 56 208 I19 208 119 4 3 4 3 0 0 0 0 205 55 205 55 125 35 125 35 4,152 1,364 3 25 25 105 105 2 2 0 0 84 884 28 28 8175 STATE OF FLORIDA COUNTY OF PALM BEACH I, DR. ARTHUR ANDERSON, SUPERVISOR OF ELECTIONS, HEREBY CERTIFY THAT THIB IS A TRUE AND CORRECT COW OF THE RECORDS ON FILE (N THIS OFFICE, WITNESS MY HAND AND1 SEAL, THIS 1 0 DAY OF ,210D9. DR. ARTHUR ANDERSON SUPERVISOR OF ELECTIONS Rcpwrv March 10, 2005 12:06 PM ? COUNCIL-GROUP 3 - PALM BEACH GARDENS(I1 01 01 0 Election Day 01018 Election Day 01 01 9 Election Day 01 022 Election Day 01 024 Election Day 01033 Election Day 01 030 Election Day 01038 Election Day 01 039 Election Day 01 040 Election Day 01 042 Election Day 01 044 Election Day 01 046 Election Day 01 048 Election Day 01050 Election Day 01114 Election Day 01110 Election Day 01 130 Election Day 01132 Election Day 01134 Election Day 01142 Election Day Statement of Vate Palm Beach Coulnty U n iform-M u nici pal-2005 311 012005 Registered 7,464 2 0 577 797 0 2,468 7,393 7,077 1,954 2,200 7,902 7,887 698 7,596 965 382 7,308 7,952 972 2,724 Turnout Percent 338 23.09% 338 23.09% 0 0.00% 0 0.00% 0 0.00% 0 0.00% 82 74.36% 82 14.36% 57 7.75% 57 7.15% 0 0.00% 0 0.00% 543 22.00% 543 22.00% 363 26.06% 363 26.06% 224 20.92% 224 20.92% 384 79.65% 384 19.65% 779 32.68% 719 32.68% 429 22.56% 429 22.56% 270 74.35% 270 14.35% 775 76.48% 115 16.48% 288 78.05% 288 18.05% 404 47.87% 404 41.87% 63 76.49% 63 16.49% 226 77.28% 226 17.28% 363 78.60% 363 18.60% 54 5.56% 54 5.56% 343 76.75% 343 16.15% 1 256 256 0 0 0 0 57 57 35 35 0 0 404 404 295 295 186 186 234 234 623 623 245 245 127 127 54 54 183 183 360 360 27 27 90 90 140 140 30 30 222 222 2 81 81 0 0 0 0 24 24 22 22 0 0 139 139 07 67 37 37 148 148 93 93 180 180 143 143 60 60 I 04 1 04 43 43 34 34 134 134 221 221 24 24 116 116 March 10,2005 12:06 PM Page 1 of 2 'I Statement of Vote Palm Beach County Uniform-Municipal-2d05 311 012005 SOUNCILGROUP 3 - PALM BEACH GARDENSrl) Registered Turnout 01156 Election Day 01162 Election Day 01 204 Election Day Provisional Provisional Absentee Absentee Voting Machine Absentee 2,286 I95 195 1,989 440 440 171 9 9 0 9 9 0 1,222 1,222 0 1,693 1,693 30,146 8,833 Percent 1 2 8.53% 108 87 8.53% 108 87 22.12% 157 278 22.12% 157 278 5.26% 4 5 5.26% 4 5 0.00% 0 0 0.00% 0 0 0.00% 234 108 0.00% 234 108 0.00% 131 57 0.00% 131 57 29.30% 4,202 2,205 Candidates 1 Eric Jablin 2 RickSartory STATE OF FLORIDA COUNTY OF PALM BEACH I, OR. ARTHUR ANDERSON, SUUPERVISOR OF ELECTIONS, THIS IS A TRUE AND CORRECT COPY DR. ARTHUR ANDERSON SUPERVISOR OF ELECTIONS PALM BEAm COUNTY, FLORIDA March 10,2005 12:06 PM Page 2 of 2 Honorable Mayor and Members of City Council, The Economic Development Advisory Board would like to reiterate our support of Ordinances 4, 7, and 9 and urge the City Council to allow these proposed changes to the Comprehensive Plan to be reviewed by the Department of Community Affairs and all of the other reviewing agencies. The availability of land dedicated for high-wage employment centers was identified as a critical weakness and threat by our Board two years ago. It remains an obstacle for long-term economic growth in the City of Palm Beach Gardens today. Although government cannot control market forces, government can create an environment that encourages economic growth. The three proposed comprehensive plan amendments, one of which allows for a land-use change, are examples of how government can take a leadership role in creating a healthy economic future for the community it serves. The land-use amendment is merely the first step of a long public process which provides and requires many opportunities for citizen involvement. Therefore, we urge City Council to “stay the course” and garner the input from the regulatory agencies. The Economic Development Advisory Board urges you not to stop the process at this point. In the interim, the Board recommends that a forum be offered to provide Gardens residents with accurate information regarding the “live, learn, work, and play” opportunities possible through the economic development initiative. It is the Board’s belief that through active dialogue, a win-win scenario will emerge based on factual information. The Economic Development Advisory Board remains committed to you as our elected officials and to our fellow citizens to provide support and assistance in developing a strategy for economic diversification. Since re I y , Economic Development Advisory Board Kenneth Kahn, LRP Publications & Chair of EDAB Lou Gaeta, Fischer-Gaeta-Cromwell & Vice-Chair of EDAB Casey Steinbacher, North Palm Beach County Chamlber of Commerce Eric Habecker, Jordan, Jones & Goulding Mark Murnan, Great Southern Detective Agency Dave Haysmer, The Forbes Company Elaine Beers, Anspach Companies James Kissel, Management Recruiters of Northern Palm Beaches Frank Compiani, RSM McGladrey, Inc. CITY COUNCIL MEETING 103/17/05 PROPOSED A D DIT IONS, DE LET IO N $ AND MOD I FICA'T ION S ADDITIONS: Under Resolutions Resolution 55,2005 This is amending Resolution 115,2004 which approved an upland preserve set aside fix Donald Ross Village Planned Unit Development, and to provide a corrected legal description. A copy has been provided for each member of Council. DELETIONS: MOD I FICATION S: NONE NONE March 17,2005 OATH OF OFFICE I, Jody Barnett, do solemnly swear that I will support, protect and defend the Constitution and Government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same; and that I am entitled to hold office under the Constitution and Laws of the State of Florida, and that I will faithfully perform all the duties of the office of Council Member of the City of Palm Beach Gardens, Florida, upon which I am about to enter, so help me God. n ADMINISTERED BY: COUNTY JUDICIAL CIPCUIT, PALM BEACH COUNTY, FL. PATRICIA SNIDER, CMC,~TY CLERK March 17,2005 OATH OF OFPICE I, Hal R. Valeche, do solemnly swear that I will support, protect and defend the Constitutiou and Government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same; and that I am entitled to hold office under the Constitution and Laws of the State of Florida, and that I will faithfully perform all the duties of the office of Council Member of the City of Palm Beach Gardens, Florida, upon which I am about tofiter, so help me God. &d- /&- COUNCIL MEMBER Y PATRICIA SNIDER, CMC>CITY CLERK March 17,2005 OATH OF OFFICE I, Eric Jablin, do solemnly swear that I will support, protect and defend the Constitution and government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same; and thlat I am entitled to hold office under the Constitution and Laws of the State of Florida, and that I will faithfully perform all the duties of the office of Council Member of the City of Palm Beach Gardens, Florida, upon which I am about to eater, so help me God. PATRICIA SNIDER, CMC, CITY CLERK