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
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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.
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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
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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
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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:
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32 Florida.
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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.
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4 CITY OF PALM BEACH GARDENS, FLORIDA
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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
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34 COUNCILMEMBER
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36 COUNCILMEMBER
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38 COUNCILMEMBER
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AYE NAY ABSENT
45 46 G:\attorney-share\RESOLUTIONS\appt of mayor vice mayor - reso 42 2005.doc
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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
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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.
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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:
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b.
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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
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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.
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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;
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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.
...
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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)
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Date Prepared: January 14,2005
Ordinance 9.2004
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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.
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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
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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
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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:
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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.
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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
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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
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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
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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
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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
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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.
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Date Prepared: August 31,2004
Resolution 191,2004
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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
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24 I DON,
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MXD
26
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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
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Attachment B1
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(O.R.B. 4296, PAGE 1151) I N89’55’47”E 2660.49’
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PALM BEACH COUNTY, FLORIDA
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491.79 ACRES f
PARCEL 1
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B.(2) I ORDER OF
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(O.R.B. 4296,
42 EAST,I PAGE 1151)
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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
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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
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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
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CURVE I RADIUS IDELTA ANGLE^ LENGTH
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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
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3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: NAB Date
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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
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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
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0 0
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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' =
!
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I
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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
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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
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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
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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
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Date Prepared: January 13,2005
Ordinance 7, 2005
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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
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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;
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Date Prepared: January 13,2005
Ordinance 7, 2005
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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.
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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)
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Date Prepared: January 13,2005
Ordinance 7, 2005
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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
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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.
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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
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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
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-
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
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8. I
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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
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601 21ST STREET SUITE 4000 KRO BEACH FL 52960
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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
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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
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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)
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Date Prepared: February 11, 2005
Resolution 34,2005
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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)
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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.
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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
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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)
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Date Prepared: February 11,2005
Resolution 34. 2005
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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)
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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.
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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
~~~
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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.
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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.
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SECTION 4. Said approval shall comply with the following additional conditions,
which shall be binding upon the applicant, its successors, assigns, and/or grantees:
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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
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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)
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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)
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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)
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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
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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.
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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
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: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
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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
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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
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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
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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
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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
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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
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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