HomeMy WebLinkAboutAgenda Council Agenda 021805City of Palm Beach Gardens
Special Meeting
Council Agenda
February 18, 2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin Council Member Delgado
Vice Mayor Russo Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
CITY COUNCIL SPECIAL MEETING
February 18, 2005
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. PUBLIC HEARINGS:
Part I – Quasi-judicial
Part II – Non-Quasi-judicial
a. (Staff Report on Page 4, Ordinance on Page 167) 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
b. (Staff Report on Page 174, Ordinance on Page 234) Ordinance 8, 2005 – Comp
Plan Capital Improvements Element Amendment.(First reading 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.
c. (Staff Report on Page 258, Ordinance on Page 285) 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.
IV. RESOLUTIONS:
a. (Staff Report on Page 290, Resolution on Page 322) 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 to
mitigate 3.39 acres of on-site preserve for the Borland Center Planned Unit
Development; approving the Borland Center Plat which includes a 0.94 acre on-
site preserve; accepting a Deed for Shady Lakes Drive consistent with the Borland
Center Plat; and providing an effective date.
V. ADDITIONS, DELETIONS, MODIFICATIONS:
VI. ANNOUNCEMENTS / PRESENTATIONS:
VII. ITEMS OF RESIDENT INTEREST:
VIII. CITY MANAGER REPORT:
IX. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
X. CONSENT AGENDA:
XI. ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 2,2005
Meeting Date: February 17,2005
Petition CP-04-14
Ordinance 7,2005
SubjecUAgenda Item:
Petition CP-04-14: Large Scale Future Land Use Map Amendment (Future Land Use Element)
First Reading and Transmittal: A City-initiated request for an amendment to the Future Land Use
Map of the City's Comprehensive Plan. The proposed amendment modifies the land-use
designations from a Residential Low (RL) and Commercial (C) to Mixed Use (MXD) for the
property collectively referred to as the Briger Tract, which consists of five separately owned parcels,
totaling approximately 708 acres located immediately east of the Ronald Reagan Turnpike, north of
Hood Road and south of Donald Ross Road. The intensities and densities of the current land-use
amendment are limited to the following: 8 million square feet of Research & Development
(including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of
commercial or the equivalent thereof.
[XI Recommendation to APPROVE
] Recommendation to I
Reviewed by:
Planning & Zoning fl
Tala1 M. BenotEJ:CP
City Attorney
Christine Tatum
Director @
Growth Management
Administrator: &@
Charles K. Wu, AICP
__._-
A provedBy: w
Rodld M. Ferris
City Manager
CNY
Originating Dept.:
Project Manager
Growth Manage
Kara Irwin
Senior Plann r rJn/ Natalie Wong, Assistant to
the City Manager/ Senior
PllG
Daniel P. ('lark, City
Engineer
Action:
1 ] Quasi-jiidicial
[ X ] lxgislative
[ X] Public Hearing
Advertised:
Date: 2/3/2005
Paper: Palm Beach Post
[ ] Not Required
Affected Parties:
[XI Notified
[ ] Not Required
Finance:
costs: N/A
Total
NIA
Current FY
Funding Source:
[ J Operating '
[XI Other
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Continued to:--
Attachments: . Resolution 191, 2004 . Data and Analysis . Public Notice . Ordinance 7. 2005
Date Prepared: January 2,2005
Meeting Date: February 17,2005
Petition CP-04-14
Ordinance 7,2005
Page 2 of 16
EXECUTIVE SUMMARY
The proposed petition is a City-initiated request for a large-scale land-use map amendment to modify
the current land-use designation of a 708-acre site from Commercial (C) and Residential Low (RL)
to the land-use designation of Mixed-Use (MXD). A smaller portion of the site, 13 acres, has a
commercial land-use designation, while the remaining portion of 695 acres has a Residential Low
(RL) land-use designation. The property consists of five separately owned parcels, collectively
referred to as the Briger Tract. The intensities and densities of the current land-use amendment are
limited to the following: 8 million square feet of Research & Development (including a 300-bed
research clinic); 1,000 multi-family workforce units; and 50,000 square feet of commercial or the
equivalent thereof. The proposed amendment does not significantly lower the level of service (LOS)
of any public facilities, as reflected in the analysis conducted to support the proposed amendment.
BACKGROUND
The subject property is vacant and undeveloped, with the exception of three single-family units and
two mobile home trailers, and was annexed into the City of Palm Beach Gardens from unincorporated
Palm Beach County through Ordinance 16, 1990. This proposed City-initiated petition is based on
the City Council’s direction to staff to prepare a land-use change as a result of a City-wide economic
development initiative to diversify the City’s tax base. The initiative recognizes the need to provide
more value-added employment opportunities within the City, given the lack of vacant land remaining
in the City east of the Urban Growth Boundary (UGB). In order to determine which parcels were
most suitable for this purpose, the following specific criteria were developed:
8
8
8
8
8
8
8
8
8
8
Size of Parcel
Existing Use
Current Zoning and Land Use Designation
Public Transit Opportunities
Development Approvals
Approved Traffic Concurrency
Available Utilities
Forbearance Agreement Restrictions
Other land-use restrictions
Land Use Compatibility with Surrounding Area
The above criteria were applied to all vacant parcels within the City. The analysis concluded that
the Briger Tract is the prime site for the City’s economic development initiative, given its size and
location. However, the current land-use designation of the subject site does not provide adequately
Date Prepared: January 2, 2005
Meeting Date: February 17, 2005
Petition CP-04-14
Ordinance 7, 2005
Page 3 of 16
for Research and Development uses on the site. At the direction of the City Council, staff has
initiated the subject petition to change the current land-use designation of the Briger Tract from
Commercial (C) and Residential Low (RL) to Mixed-Use (MXD).
The proposed future land-use change is also being initiated as a result of The Scripps Research
Institute (TSRI) Alternative Sites Analysis, which was conducted by Palm Beach County in August,
2004. In this study, the Briger Tract was identified as one of the five alternative sites for TSRI
should TSRI not locate on the originally selected Mecca Farms site. On September 1,2004, the City
Council passed Resolution 191, 2004 (see attachment) recommending the Briger site as the most
viable alternative to the previously selected site. The City Council stated in the Resolution that the
Briger Tract would provide the most optimal environment and best alternative site for Scripps,
Florida, recognizing the value and close proximity of the Abacoa Development of Regional Impact
(DRI) located immediately north of the subject site in the Town of Jupiter.
As part of the City’s on-going efforts to support TSRI, the City also has completed the data and
analysis and the appropriate comprehensive plan amendment text changes to the Future Land Use
Element should TSRI select Briger as its alternative site.
LAND-USE COMPATIBILITY WITH THE SURROUNDING AREA
The Mixed-Use (MXD) designation allows for a variety of uses, including research and light
industrial, research clinic, and residential uses. The proposed land-use amendment will allow infill
development, protect the rural nature of lands west of the Urban Growth Boundary (UGB),
encourage workforce housing opportunities, and take advantage of existing infrastructure on the
subject site. The proposed land-use designation will provide opportunities for job creation. The
creation of new jobs will require housing to accommodate the workforce. The ability to maintain
both jobs and housing within a community provides for a reduction in the number and length of
automobile trips. The Briger Tract, with its blend of workforce housing and Research and
Development uses, can be coupled with the existing neighborhoods to ensure the interaction between
uses, so that daily activities of living, working, learning, shopping and playing can be brought
together more closely. Through the master planning process, the subject site can be designed so that
uses are integrated on the site in a manner sensitive to the surrounding future and existing uses.
The subject site is surrounded by various land uses and major interstate transportation systems
compatible with the proposed MXD designation. One of the major interstate transportation systems,
Interstate Highway 95, intersects the subject site, which divides the site into eastern and western
parcels. The eastern parcel is bounded by the Abacoa Mixed Use Development of Regional Impact
to the north; Legends at the Gardens Mixed Use development, the Benjamin School, and San
Date Prepared: January 2, 2005
Meeting Date: February 17, 2005
Petition CP-04-14
Ordinance 7,2005
Page 4 of 16
Michelle residential community to the east; Hood Road and Westwood Gardens residential
community to the south; and Interstate-95 to the west. The western parcel is surrounded by
Interstate-95 to the east; Hood Road and Westwood Lakes residential community to the south; and
the Ronald Reagan Turnpike and the Eastpointe residential community to the west.
The close proximity to the existing Abacoa Mixed Use DRI provides the potential for significant
interaction between Abacoa and the proposed uses of the subject site. Abacoa includes a Town
Center with housing, retail, and office, allocated research and development districts, a campus for
Florida Atlantic University, a wide variety of built and planned housing, a possible future Tri-Rail
facility, recreational facilities, and Roger Dean Stadium.
Through innovative design principles, integration of land uses and the ability to utilize future public
transit facilities, a future mixed-use development on the Briger Tract will have the opportunity to
develop a sustainable community sensitive to the surrounding future and existing uses. The
proposed land-use designation provides the opportunity to incorporate the live, play, learn and work
components within a master plan that can attract value-added employers to a community.
HISTORICAL AND ARCHEOLOGICAL RESOURCES
No historical and/or archeological resources have been identified on site.
ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND-USE
The subject site will be developed in accordance with all environmental regulatory and review
agencies at the state and federal level. Furthermore, the proposed land-use amendment is consistent
with the Conservation Element of the City’s Comprehensive Plan.
A detailed environmental analysis has been provided in the attached data and analysis (Map Data and
Analysis Attachment J).
MAXIMUM DEVELOPMENT POTENTIAL
MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND USE DESIGNATION
OF COMMERCIAL (C) AND RESIDENTIAL LOW (RL):
The maximum vehicular trips allowed under the existing land-use designations of Palm Beach
Gardens Commercial (C) and Residential Low (RL) are 40,484 daily trips. The potential
impacts of development under the existing land-use designation are as follows:
Date Prepared: January 2, 2005
Meeting Date: February 17, 2005
Petition CP-04-14
Ordinance 7,2005
Page 5 of 16
Sanitary Potable
Sewer Water
POTENTIAL IMPACTS UNDER EXISTING LAND USE OF COMMERCIAL (C) AND
RESIDENTIAL LOW (RL)
Solid
Waste
Max. Max. Density External
Development / Intensity Trip
Potential
19,384
trips 4 dui 2,780 Single-
family units
~~
24.68 acres 40,484
trips TOTAL
Recreation/Parks
24.68 acres 713,904
gallonslday
99,175
gallonslday
813,079
gallons/day
1,274,352 47,571
gallonslday poundslday
99,176 14,944
gallonslday poundslday
1,373,528 62,515
gallons/day pounddday
MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION
OF MIXED USE:
The intensities and densities of the proposed land-use amendment are limited to the following:
8 million square feet of Research & Development (including a 300-bed research clinic); 1,000
multi-family workforce units; and 50,000 square feet of commercial.
The maximum vehicular trips allowed under the proposed land-use designations of Palm
Beach Gardens Mixed-Use (MXD) are 40,305 daily trips. The potential overall impacts of
development under the proposed land-use designation are as follows:
[This portion of the page intentionally left blank]
Date Prepared: January 2, 2005
Meeting Date: February 17,2005
Petition CP-04- 14
Ordinance 7,2005
Page 6 of 16
Max. Max. Density / External Recreation/Parks Sanitary
Development Intensity Trip Sewer
Potential**
Research &
Development
(includes 300-bed trips
Clinic)
Commercial (C) 50,000 square 1,377
feet trips
1000 multi- 4,367 256,800
family units trips Residential Use
800,000
gallonslday
5,000
gallonsiday
gallondday
1,061,800
gallons/day
NIA 34,561 8 million
square feet
NIA
8.8 acres
40,305
trips
TOTAL daily 8.8 acres
POTENTIAL IMPACTS UNDER PROPOSED LAND USE OF MIXED USE
Potable Solid
Water Waste
800,000 120,547
gallonsiday poundstday
5,000 753
gallonsiday poundslday
458,400 17,112
gallondday pounddday
1,263,400 138,413
gallons/day pounddday
Max. Density / External Recreatio Sanitary Potable
Intensity Trip n / Parks Sewer* Water*
813,079 1,373,528 Existing 991,752 square feet
designation dwelling units
land-use ~ommercial and 2,780 40,484 pips 24.68 gallons,day gallonstday
8 million square feet
Research &
Development
Clinic), 50,000 square
feet commercial and
1,000 dwelling units
Proposed
land-use
designation
1,061,800 1,263,400
gallons/day gallons/day 3991 lo 8.8 acres (includes 300-bed daily pips
(1,374 (15.88 248,721 (1 10,128
Difference: daily trips) acres) gallons/day gallons/day)
* Sanitary sewer and potable water services are not currently available by the Seacoast Utility Authority (SUA).
However, the property lies within SUA’S service area and SUA proposes to provide future services to this area. ** The intensities and densities of the proposed land-use amendment are limited to the following: 8 million
square feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units;
and 50,000 square feet of commercial or the equivalent thereof.
Solid Waste
623 15
poundstday
138,413
poundslday
75,898
p ounds/day
The trip generation analysis reflects that there will be 1,374 fewer external trips than generated by
the existing land-use designation.
The comparison of the maximum development potentials, as required by Chapter 9J-5, F.A.C.,
indicates that the development potential under the proposed Mixed-Use designation has less impact
than under the exis
as proposed.
ing land-use designati
Date Prepared: January 2, 2005
Meeting Date: February 17, 2005
Petition CP-04-14
Ordinance 7, 2005
Page 7 of 16
n, provided the proposed land-use amendment is limited
LEVEL OF SERVICE STANDARDS:
The subject property is currently within the municipal boundaries of the City of Palm Beach
Gardens. The surrounding area is currently serviced by the City of Palm Beach Gardens, Seacoast
Utility Authority, Solid Waste Authority and Northern Palm Beach County Improvement District, all
of which will service the subject property. The proposed development will not pose a negative
impact on the public facilities in the area.
The provided analysis demonstrates that there will be no direct, adverse impacts on the adopted
Level of Service (LOS) standards for traffic, parks, water, sewer, solid waste, police and fire
services.
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
The proposed FLUM amendment is consistent with the Goals, Objectives and Policies
contained within the City’s Comprehensive Plan. Additional amendments are being proposed
concurrently with the proposed map amendment, consisting of amendments to the Future
Land Use Element (text changes), Conservation Element and the Capital Improvements
Element. The changes described below demonstrate the internal consistency between the
amended Future Land Use Map and the City’s Comprehensive Plan.
A. OBJECTIVE OF PROPOSED CONCURRENT AMENDMENTS
Future Land Use Element Text Amendment
A City-initiated request for a Comprehensive Plan text amendment to the Future Land-Use Element
relating to Public/Institutional uses within the Mixed-Use land-use designation. The text amendment
clarifies the intent of the Mixed-Use land-use category as a land-use designation that integrates a
combination of land-use categories within one planned development.
Capital Improvements Element Amendment
The Capital Improvements Element (CIE) text amendment is primarily to revise and update the 5-
year Capital Improvements Program to be consistent with the current CIP and City budget. The
amendments also include minor changes to accommodate the Briger Tract Future Land Use Map
amendment.
Date Prepared: January 2, 2005
Meeting Date: February 17, 2005
Petition CP-04-14
Ordinance 7,2005
Page 8 of 16
Staff has reviewed the goals, policies and objectives within the CIE and has proposed deletions and
additions to make them consistent with the proposed map amendment and the rest of the
Comprehensive Plan. Staff has also updated the Capital Improvements Program to reflect current
data based on the current City budget.
Conservation Element Amendment
This is a City-initiated request for an amendment to the Conservation Element to provide definitions
and provide alternative methods for ensuring protection of environmentally sensitive lands during
the development review process. This amendment will clarify that the City may approve either off-
site mitigation or payment in lieu of preservation under appropriate circumstances. The proposed
amendment does not conflict with the proposed land-use amendment.
B. CONSISTENCY WITH EXISTING GOALS, OBJECTIVES AND POLICIES WITHIN
THE CITY’S COMPREHENSIVE PLAN
The proposed Future Land Use Map amendment is consistent with the Goals, Objectives, and
Policies of the City’s adopted Comprehensive Plan. An example of some of the goals,
objectives and policies that are consistent with and furthered by the proposed amendment, are
listed below.
Economic Development Element:
GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO
ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH
THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT NATURAL
RESOURCES.
Staff Comment:
On January 6, 2005 the City Council adopted the Economic Development Element. The Element
signals the City’s commitment to successful economic development.
The goal of the Economic Element is to achieve a balanced and diversified economy compatible with
the built environment. The proposed land-use map change will advance this goal by allowing
Research and Development uses on the last remaining large vacant site east of the Urban Growth
Boundary (UGB) that is available and appropriate for these uses. Currently, the City has a high
percentage of residential uses and is in need of those land-uses recognized by the Economic
Development Element that will provide value-added employment. The proposed land-use map
Date Prepared: January 2, 2005
Meeting Date: February 17, 2005
Petition CP-04-14
Ordinance 7, 2005
Page 9 of 16
change will provide the opportunity to realize the goal of economic stability by providing the ability
to develop those uses that are economic generators.
Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries
such as biotechnology, communications, information technology, medical products, marine biology,
aerospace research, and associated ancillary businesses.
Staff Comment:
The proposed land-use designation will allow for uses such as Medical & Pharmaceutical,
Aerospace & Engineering, Information Technology, and Research & Development. The availability
of sites within the City that can currently accommodate these listed uses is limited because most of
the City is built-out east of the Urban Growth Boundary (UGB). Furthermore, the existing vacant
parcels that have an existing land-use designation to accommodate these uses are extremely limited.
The proposed land-use amendment will allow for these attractor industries to be located within the
City.
Policy 13.1.5.2.: The City shall accommodate balanced growth and housing needs ofthe City’s
labor force by encouraging the availability of attainable housing to persons earning a livelihood or
choosing to reside in Palm Beach Gardens.
Staff Comment:
The proposed land-use designation includes 1,000 residential workforce housing units. The
housing component is a key component within the proposed land-use mix that may provide as much
opportunity for on-site workforce housing.
Future Land Use Element:
Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to areas as
depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural
limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the
desired community character.
Staff Comment:
The land-use amendment is a result of the City Council’s direction to divers@ the City’s economic
tax base by planning for a more sustainable economic climate. A more diversified and sustainable
economy is part of the City’s desired community character. In creating this economic climate, the
City will be able to better maintain its existing services and facilities, while not depending solely on
property tax increases to provide joy the consistent delivery of quality services. The subject site is
Date Prepared: January 2, 2005
Meeting Date: February 17, 2005
Petition CP-04-14
Ordinance 7,2005
Page 10 of 16
located east of the ?ban Growth Boundary (UGB) and will not require extending City services
outside of the established urban service boundary.
The subject site is located east ofthe Ronald Reagan Turnpike, which is part ofthe “Eastward Ho! ’’
urban corridor, which is generally located parallel to Interstate 95 in a one-to-two-mile wide
corridor that includes the area between the Florida East Coast (FEC) and Seaboard Coast (CSX)
rail lines. The Eastward Ho! initiative promotes mixed use zoning categories within the urban
corridor to encourage revitalization that facilitates future growth without further compromising or
degrading the environment and the economic sustainubility of the region. The proposed land-use
amendment to the subject site is consistent with the Eustward Ho! recommendations, which are
based on sound planning principles that promote economic sustainability.
Objective 1.1.6.: The City’s economic base shall be expanded by promoting commercial and
industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate
sites and timely provision of public utilities and services to stimulate such growth.
Staff comment:
The proposed amendment fuljZls the objective to expand the economic base of the City by allowing
mixed-use development on the properly designated site within the City. The designation will allow
commercial and light industrial activities marketed toward Research and Development within the
City’s Urban Growth Boundary (UGB), so that the cost ofextendingpublic utilities and services are
significantly reduced, thereby stimulating economic growth.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed future land-use amendment is consistent with the overall Economic
Development Goals and Objectives within the Palm Beach County Comprehensive Plan as
demonstrated by the following listed examples from that Plan:
Goal 1. Balanced and Diversified Economy
The economic GOAL of Palm Beach County is to create a balanced and diversified economy. A
balanced and diverse economy will encourage growth that provides viable employment opportunities
for present and future residents, while supporting land-use policies which protect and improve the
quality of the natural and manmade environment.
Staff Comment:
The proposed land-use amendment is consistent with Palm Beach County’s goal to achieve a
Date Prepared: January 2, 2005
Meeting Date: February 17, 2005
Petition CP-04-14
Ordinance 7, 2005
Page 11 of 16
balanced and diverse economy. As a direct result of the proposed land-use change, opportunities for
value-added employment will be available to attract industry to Palm Beach County. As the industry
develops on site, spin-off companies in similar industries will likely desire to Locate adjacent to the
established development. As these industries develop, an industry “cluster I’ will be created unique
to the area.
Objective 1.1. Balanced Economic Growth Implementation
Palm Beach County shall maintain and expand a diversified economy by:
***
2. encouraging growth in cluster industries, presently defined as communications and information
technology, medical products, agriculture and food processing, business and financial services,
aerospace and engineering, tourism, recreation and entertainment, and other emerging cluster
industries which complement changing economic conditions, and other high paying job sectors, and
small businesses, as set forth in Objectives 1.2 and 1.4;
Stuff Comment:
The proposed amendment will allow for the development of a mix of land uses within the Research
and Development industry, including business and financial services, aerospace and engineering,
and other emerging cluster industries, such as biotechnology. The jobs created by the industries will
be high paying and will stimulate significant economic growth within the region.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed land-use amendment is consistent with the overall Treasure Coast Regional
Planning Council’s Strategic Regional Policy Plan as demonstrated by the following listed
goals:
Regional Goal 2.2 - A range of housing types and affordabilities in proximity to employment
and services.
Staff Comment:
The proposed land-use designation is intended to deter urban sprawl and encourage new attainable
housing opportunities, as well as lessen the need for additional vehicular trips through the
internalization within a neighborhood or project. BJ~ including 1,000 residential units within the
development program, a housing component is provided within the proposed land-use mix that
Date Prepared: January 2, 2005
Meeting Date: February 17, 2005
Petition CP-04-14
Ordinance 7,2005
Page 12 of 16
provides opportunities for on-site worh$orce housing.
Regional Goal 2.5 - Future growth which results in the creation of neighborhoods and
communities, and not in isolated patterns of development.
Staff Comment:
The land-use designation is being proposed in order to provide the best opportunity for the creation
of a Research and Development oriented mixed-use community. The land-use designation will allow
for land development patterns that promote workforce housing, pedestrian scaled community design,
and neighborhood commercial centers. Mixed-Use encourages a more sustainable community, in
contrast to isolated patterns of development. The proposed land-use amendment will enable a
development which blends worybrce housing and Reseurch and Development uses. It also is
integrated with the existing neighborhoods, such as Abacoa, to promote the interaction between
uses. The interaction brings together more closely the daily activities of living, working, learning,
shopping and playing. The proposed land-use designation will complement the existing adjacent
uses and compatibility can be assured using sound principles ofplanning and design.
Regional Goal 3.6 - Diversification of the year-round economy and establishment of an
economic climate that will allow the Region to compete effectively in the global economy.
Staff Com men t:
The proposed land-use amendment is consistent with this Regional Policy goal by providing
opportunities that attract industries to the site, thus promoting an economic climate that will allow
the Region to compete effectively in the global economy.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida
Statutes)
The proposed land-use amendment is consistent with the overall State Comprehensive Plan.
The following State Goals and Policies are specific examples of that consistency:
Housing - The public and private sectors shall increase the affordability and availability of housing
for low-income and moderate income persons, including citizens in rural areas, while at the same
time encouraging self-sufficiency of the individual and assuring environmental and structural quality
and cost-effective operations.
Staff Comment:
The project proposed for the site will include a housing component to provide housing opportunities
Date Prepared: January 2,2005
Meeting Date: February 17, 2005
Petition CP-04-14
Ordinance 7,2005
Page 13 of 16
for those employees who will work on site. The mixed-use designation will allow for this housing to
be provided at a proximate locution to the Research iind Development portion of the project and
other non-residential uses so that the community can operate in a more self-sustainable munner.
Land Use - In recognition of the importance of preserving the natural resources and enhancing the
quality of life of the state, development shall be directed to those areas which have in place, or have
agreements to provide, the land and water resources, fiscal abilities, and service capacity to
accommodate growth in an environmentally acceptable manner; enhance the livability and character
of urban areas through the encouragement of an attractive mix of living, working, shopping, and
recreational activities.
Staff Corn men t:
The proposed land-use designation is specifically designed to encourage a project with a mixture of
uses to allow for living, working, shopping and recreation activities. The location of the site is
within the Urban Growth Boundary (UGB) of the City, and is an important injll development for the
City. The land-use amendment is therefore consistent with the State's goal to direct growth to areas
that have urban services that can accommodate growth in a fiscally and environmentally acceptable
manner, and is consistent with the State j. poiicy to encourage a mixture of uses to enhance the
livability and character of a community.
Public Facilities - Florida shall protect the substantial investments in public facilities that already
exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient
manner.
Staff Comment:
The land-use amendment is consistent with the State 's public facilities goal as the property is located
within the Seacoast Utility Authority (SUA) service area, and it has indicated that there is sufJicient
capacity to service the site. The provision of water and sewer services thus will be accomplished in a
timely, orderly and efficient manner as the parcel is ultimately developed.
In addition, transportation systems, police services, fire-rescue services, andsolid waste services do
not require extension outside the established Urban Growth Boundary (UGB), but to a site
completely surrounded by existing development and established infrastructure.
Transportation - Florida shall direct future transportation improvements to aid in the management
of growth and shall have a state transportation system that integrates highway, air, mass transit, and
other transportation modes.
Date Prepared: January 2, 2005
Meeting Date: February 17,2005
Petition CP-04- 14
Ordinance 7,2005
Page 14 of 16
Staff Comment:
The proposed future land-use designation is consistent with the State 's transportation goal in that
the intended project can take full advantage of the existing location of Interstate Highway 9.5, the
Ronald Reagan Turnpike, and other thoroughfares. As a mixed-use project, better provisions for
pedestrian access and mass transit can be encouraged, such as pedestrian walkways and multi-
modal transportation. Furthermore, the proposed Tri-rail station at Abacoa DRI will provide a close
light rail node that can be included within a public transit system to sewice the site.
The Economy - Florida shall promote an economic climate which provides economic stability,
maximizes job opportunities, and increased per capita income for its residents.
Staff Comment:
The proposed land-use amendment will provide for greater opportunity to create a more
sustainable economic climate for the City and for Palm Beach County in general. Research and
Development use has been consistently identiJied by the Palm Beach County Business Development
Board and the City's Economic Development Advisory Board as a key use for fostering long term,
value-added employment. The proposed mixed-use designation will provide the opportunity to
attract desirable industry, in addition to related venture capitalist investments, biotech industries,
pharmaceutical companies, post-secondary educational organizations, and other similar industries,
which will contribute to a healthy economy.
NEARBY LOCAL GOVERNMENT COMMENTS/OBJECTIONS:
On January 7, 2005, the Palm Beach County Intergovernmental Plan Amendment Review
Committee (IPARC), the Town of Jupiter and the Palm Beach County School Board were notified of
the proposed amendment. Staff has not received any comments to date.
LOCAL PLANNING AGENCY
On February 8, 2005, the Planning, Zoning, and Appeals Board, sitting as the Local Planning
Agency, held a public hearing to review the subject petition and voted 7 to 0 to recommend approval
of the subject petition to the City Council.
ECONOMIC DEVELOPMENT ADVISORY BOARD
On February 10, 2005, the Economic Development Advisory Board voted 6 to 0 to recommend
approval of the subject petition to the City Council.
Date Prepared: January 2, 2005
Meeting Date: February 17,2005
Petition CP-04-14
Ordinance 7,2005
Page 15 of 16
STAFF RECOMMENDATION:
Staff recommends APPROVAL based on the following findings of fact:
0
0
0
The proposed Future Land Use Map amendment is consistent with the existing Goals,
Objectives and Policies of the City’s Comprehensive Plan;
The proposed Future Land Use Map amendment is consistent with the existing Goals,
Objectives and Policies of the Treasure Coast Regional Council Strategic Policy Plan; and
The proposed Future Land Use Map amendment furthers the goals of the City’s Economic
Development Element, which encourage and initiate proactive efforts to expand the
economic base of the City in order to provide for value-added employment opportunities to
residents so that the City develops into a sustainable community where residents can live,
work, learn and play.
Staff recommends APPROVAL of Ordinance 7, 2005, which provides for the transmittal of the
proposed map amendment to the City’s Comprehensive Plan.
Date Prepared: January 2, 2005
Meeting Date: February 17,2005
Petition CP-04-14
Ordinance 7,2005
Page 16 of 16
EXISTING LAND USE
Subiect Propere
VacantNndeveloped (except
for three single-family and
two mobile home trailer units)
North
Donald Ross Road
Abacoa DRI
(Town of Jupiter)
south
Westwood Residential
Development Community
East
Legends atthe Gardens
Benjamin High School
San Michelle Residential
Community
y&
II EXISTING ZONING AND LAND USE DESIGNATIONS
EXISTING ZONING FUTURE LAND USE
DESIGNATION
Residential Low (RL)
(Existing)
Mixed Use (Proposed) Planned Development Area (PDA)
Development of Regional Impact (DRI) Town of Jupiter Mixed Use
(MU)
Residential Medium (RM) Residential Medium (RM)
Mixed Use/ Public Institutional/
Residential Low-3
Mixed Use/Public
InstitutionaUResidential Low
Eastpointe Residential
Development
(Palm Beach County)
Palm Beach County
Residential Low 2 (2) Palm Beach County Residential Estate
(RE)/Planned Unit Development (PUD)
Date Prepared: August 31,2004
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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
T
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
w+E S
T mMH-MobileHome mG-Golf
Attachment B1
1.
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B.(3) ORDER OF TAKING
(O.R.B. 4296, PAGE 1151) I N89’55’47”E 2660.49’
75’
I L20 L21 L22 - N89’55’1O”E 2668.72’ 1 -
L27
(O.R.B. 4296,
PAGE 1151)
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SECTION 26,
PALM BEACH COUNTY, FLORIDA
TOWNSHIP 41 SOUTH, RANGE 42 EAST,
n
EAST 1/4 CORNER --,
AREA EAST OF
INTERSTATE 95
491.79 ACRES f
PARCEL 1
475.69 ACRES f
EAST 40’
N.E.&
2628.82’
B.(2) I ORDER OF
I TAKING
(O.R.B. 4296,
42 EAST,I PAGE 1151)
I
PALM BEACH COUNTY, FLORIDA
500 ldoo m2004 LBFH Inc. :o P
P.O.C. PARCEL
N.E. CORNER
SECTION 26 &- so1 ‘20’00”W
75.02’
WEST 250’. EAST 290’. /O A SOUTH 330’,
7 N.W& NE^ :THIS IS NOT A SU~VEY (SUBJECT TO FIELD SURVEY) NORT~ OF’HOOD ROAD
CONSULTING CIVIL ENGINEERS, Scale: 1 ”= 1000’ SKETCH AND DESCRIPTION FOR:
SURVEYORS k MAPPERS PALM BEACH GARDENS
RRIGFR TRACT -~ Sheet 1 of 6
3550 S.W. Corporote Parkway, Palm city, Florida 34990 Computed: NAB Datf
BPR & FBPE License No: 959 www.lbfh.com Checked: LL8 / Attachment D (772) 286-3883 Fax: (772) 286-3925
LEGAL DESCRIPTION -BRIGER TRACT I CONTINUED FROM SHEET 2 OF 5
- 2 8
3
8 dd r.
4 5
C
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In
A DISTANCE OF 1263.58 FEET TO THE POINT OF BEGINNING.
CONTAINING 206.94 ACRES, MORE OR LESS.
TOGETHER WITH;
THE EAST 40 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP
FOR HOOD ROAD IN DEED BOOK 1142, PAGE 337, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA.
CONTAINING 0.538 ACRES.
TOGETHER WITH:
THE WEST 250 FEET OF THE EAST 290 FEET OF THE SOUTH 330 FEET THEREOF, LESS THAT PART IN HOOD ROAD;
TOGETHER WITH:
ALL THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41
ROAD, LESS AND EXCEPTING THERE FROM:
THE EAST 40 FEET THEREOF, AND
CONTINUED ON SHEET 4 OF 5
41 SOUTH, RANGE 42 EAST, LESS THAT PORTION CONVEYED TO COUNTY OF PALM BEACH FOR ROAD RIGHT-OF-WAY
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF HOOD
THIS IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) 0 2004 LBFH Inc
7
CONSULTING CIVIL ENGINEERS, Scale: NA REVISIONS: SURVEYORS k MAPPERS
Sheet 3 Of 6 Field Book: I Field: N/A rp P N/A I I Page: N/A I
3550 S.W. Corporate Parkway, Palm City, Florida 34990
(772) 286-3883 Fax: (772) 286-3925
BPR & FBPE License No: 959
FILE NO. Project No. 1 04-4388 C:\LUANO\SKSK\OW\
ERIGER-TRACT.OW
LEGAL DESCRIPTION -BRIGER TRACT
CONTINUED FROM SHEET 3 OF 5
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SECTION 35,
TOWNSHIP 41 SOUTH, RANGE 42 EAST; THENCE RUN N 88’07’24” W, A DISTANCE OF 1266.77 FEET TO THE POINT
OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY;
THENCE N 01’52’36” E, A DISTANCE OF 80.00 FEET;
THENCE N 88’07’24” W, A DISTANCE OF 340.26 FEET;
THENCE N 28’00’12” W, A DISTANCE OF 1477.07 FEET;
THENCE N 89’24’43” W, A DISTANCE OF 423.66 FEET;
THENCE S 28’00’12” E, A DISTANCE OF 1465.33 FEET;
THENCE N 89’04’42” W, A DISTANCE OF 200.00 FEET;
THENCE S 01’52’36” W, A DISTANCE OF 227.32 FEET;
THENCE S 88’07’24” E, A DISTANCE OF 332.50 FEET;
THENCE S 28’00’12” E, A DISTANCE OF 1380.87 FEET;
THENCE S 87’56’ 10” E, A DISTANCE OF 429.84 FEET;
THENCE N 2800’12” W, A DISTANCE OF 1365.72 FEET;
THENCE N 89’00’51” E, A DISTANCE OF 200.00 FEET;
THENCE N 01’52’36” E, A DISTANCE OF 154.56 FEET TO THE POINT OF BEGINNING.
CONTAINING 13.96 ACRES.
TOGETHER WITH:
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT RIGHT-OF-WAY FOR HOOD ROAD.
CONTAINING 9.42 ACRES.
$1 ra BEARING BASE: 4 THE WEST BOUNDARY OF PARCEL 1 OF OFFICIAL RECORDS BOOK 6608, 5 PAGE 288, PUBLIC RECORDS OF PALM BEACH GARDENS, FLORIDA.
PROJECT NAME:
SKETCH AND DESCRIPTION FOR:
PALM BEACH GARDENS
CONSULTING CIVIL ENGINEERS, Scale: NA REVISIONS: SURVEYORS & MAPPERS
Sheet 4 of 6 Field Book: N/A Field: N/A Page: N/A ‘ 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: NAB Date FILE NO. Project No. z (772) 286-3883 Fax: (772) 286-3925 04-4388 G:\LEUND\SKSK\DWC\ + RDR a, FnDC i;c.npp Nn. am uu.urihfhmm Checked: I-LB 1/1 1/04 BRIGER-TECT.DWG
LINE AND CURVE TABLE
CURVE TABLE
CURVE I RADIUS IDELTA ANGLE^ LENGTH
s THIS IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) @ 2004 LBFH Inc
r \ r
SURVEYOR AND MAPPER'S SIGNATURE
1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF $ A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS
SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS
- FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID.
PROJECT NAME:
SKETCH AND DESCRIPTION FOR:
PALM BEACH GARDENS
BRIGER TRACT
SURVEYORS k MAPPERS 1 "Partners FOT Results. Sheet 5 Of 6 Field Book: N/A Page: N/A Field: N/A IINC. Valve By Design"
FILE NO. Project No. 2
2 BPR dr FBPE License NO: 959 www.lbfh.com 'Checked: LLB ' / /04 OJ-WBZCDD-CMR m.DwC (3
3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: NAB Date
(772) 286-3883 Fax: (772) 286-3925 04-4388 -
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@ 2004 LBFH Inc.
CONSULTING CIVIL ENGINEERS, Scale: 1 "= 1 000' SKETCH AND DESCRIPTION FOR:
SURVEYORS & MAPPERS PALM BEACH GARDENS "&rtners For Resdts. Sheet 6 of 6 Value Bg Design"
(772) 286-3883 Fax: (772) 286-3925
Palm City. Florida 34990 NAB FILE NO. Project No. Date
GRAPHIC SCALE
A SURVEY (SUBJECT TO FIELD SURVEY)
04-4388 G:\LEUND\SKSK\DWO\
www.lbfh.com Checked: LLB ' ' /' ' IO4 BRICER-lRACT.DWC
1 .
RESPONSIVE
TRANS PORTATION
SOLUTIONS
January 20,2005
PRINCIPALS:
Joseph W. McMahon, P.E.
Rodney P. Plourde, Ph.D.. P.E.
Joseph I. DeSantis, P.E., P.T.0.E
ASSOCIATES:
John S. DePalma
Casey A. Moore, P.E.
William T. Steffens
Keith A Bergman, P.E.
Gary R. McNaughton, P.E., PT0.E.
John J. Mitchell, PE.
Christopher I. Williums, PE.
Ms. Natalie Wong
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
RE: Briger Tract Future Land Use Amendment Statement
McM Project No. M04693.00
Dear Ms. Wong:
McMahon Associates, Inc. (McM) has prepared this statement of the traffic condition
analysis relevant to the Future Land Use Atlas (FLUA) Amendment application for the Briger
Tract, located within the City of Palm Beach Gardens in Palm Beach County. This
approximately 708-acre tract is generally bounded by Donald Ross Road to the north, Hood
Road to the south, the Florida Turnpike to the west and Central Boulevard to the east. The site is
depicted in Figure 1, which illustrates the approximate location of the site relative to the
surrounding roadway network.
General Information
The current future land use designation for the site includes approximately 695 acres of
Residential Low (RL) that allows a maximum of four dwelling units per acre, and 13 acres of
Commercial (C).
The City has determined that this site, under the existing land use designation, could have
a maximum development potential of 2,780 dwelling units and 991,752 square feet of retail land
use. The proposed future land use designation for the entire 708 acres is Mixed Use (MXD) and
includes the following land uses and corresponding densities as the maximum development
program:
Attachment E
7741 North Military Trail, Suite 5, Palm Beach Gardens, Florida 334 10 56 I .840.8650 fax 561.840.8590 email: palmbeachgardens@mcmtrans.com
Regional Offices: Boston, Massachusetts
www.mcmtrans.cOm Established in I976
Fort Lauderdale B Cape Coral, Florida Fort Washington, Exton B Harrisburg, Pennsylvania
Southern Blvd
Study Location
Figure 1
Site Location Map
Briger Tract FLUA - Scenario 1
Palm Beach Gardens, Palm Beach County, FL
RESPONSNE
TRANSPORTATION
SOLUTIONS
Ms. Natalie Wong
January 20,2005
Page 3
0 8,000,000 square feet of Research and Development Center
0 200 Single-family Dwelling Units
800 Multi-family Dwelling Units
50,000 square feet of Commercial Retail
Note that a 300 bed medical research facility will be included within the 8,000,000 square feet of
research and development center.
Project Trip Generation
The trip generation for the current and proposed future land use designation was
calculated based on the formulas published in the Institute of Transportation Engineers (ITE),
Trip Generation, 7* Edition. Table 1 summarizes the daily trip generation characteristics for
this project. Palm Beach County pass-by rates were applied where applicable and subtracted
fiom the trip generation calculations, since these are trips that are considered to be on the
roadway network notwithstanding development on this tract.
Due to the fact that part of the future vehicle trips will be made among the various land
uses without going out of the site, internal trips were also calculated and subtracted fiom the total
trips. Internalization calculations between the four classifications of proposed land uses and two
classifications of current future land uses were performed using the guidelines published within
the ITE, Trip Generation Handbook. The internalization percentages approved for both the Palm
Beach County Biotechnology Research Park and Gardens Scientific and Technology Community
Developments of Regional Impact (DRI) were also used to establish internalization rates
between land uses. The internal trip calculation sheets for current future land uses and proposed
future land uses are included in Table 2 and 3, respectively.
The resulting number of net new tips in Table 1 is 1,374 fewer trips than would occur
under the current future land use designation. This indicates that this project has no significant
impact on the surrounding roadways.
i; a "i a t n
.
Ms. Natalie Wong
January 20,2005
Page 7
Therefore, since fewer trips will be generated by the proposed land use, no capacity analysis is
needed based on City of Palm Beach Gardens Comprehensive Plan Transportation Element and
Palm Beach County FLUA Amendment requirements.
Conclusion
McM has evaluated the potential traffic impacts associated with the proposed land use
change to MXD development of the Briger Tract, in accordance with the City of Palm Beach
Gardens Comprehensive Plan Transportation Element and Palm Beach County Future Land Use
Atlas Amendment requirements. The proposed change in the fbture land use designation will
result in a decrease in daily trip generation of 1,374 daily trips. Based on this result, no link
capacity analysis is needed since the impact on the surrounding roadway system will not be
significant. Therefore, McM recommends that the FLUA Amendment be approved.
.+
.-?- -- ,' y&-m@*w, -- ,- .
Board of Profess
-- -I_
01/20/2005 12 09 FAX M 002/003
W
CJICCUTIVE Cwrtct.
Seacoast Utility Authority
Jmuq 20,2005 FAX 799-4111
Kam hill
City of Palm Beach Gardens
10500 Military Trail
Palm BcAch Gardens FL 33410
Re: Sr&r Tract Service Availability Information
DcwMs. Irwin:
Seacoast Utili@ Authority is pled lo olk tlre following rcspmc to pur savicc
availability request fhxd to Bruce GrcBg on January 20,2005.
l'he referenced project lies within Seacoast's water and sewcr service BTM. Subject
to prevailing fees, charges, pohcks and practices, Seacoast rhcrcfort proposes to
provide the projet with watcr and sewcr service. A statement of cumt Lreatmcnt
plant capacity and pmjcctcd mce demand follows.
CAPACJTY DEMAND SUMMARY
EXPRESSED AS MLLION GAI..I.ONS PER DAY
Currt3llt
Plant COmmittd
Capacity and in Use This Project
(1 013 1/041 f10/3 1/04)
WATER (Avg. Day) 24.60 2 1.02 1.45
SEWER (3 Mo. Max. Day) 12.00 8.45 1.14
RECLAIMED WATER 8.00 7.43
(Reclaiincd water treatment capacity expansion to 12.00 MGD began constniction
in Jdanuiy 2005.)
43 0 Hood Road, ... \ Bcoch Gardens. rlorids 33 w
Phocw. Customcr Service (561) 627-2920 I Executive Office (561) 627-2W /-Fax (561) 621-2839
Attachment F
01/20/2005-12 09 FAX 003/003
Krus lrwin
Page -2-
JdnUVrY 20,2005
While Seamast’s existing facilities provide sufficient water treatmenl Mpacily lo
scrvc the project, Seacoast may determine that Floridan aquili-r wclls and a reverse
osmosis water trttatment plant rcprcscnt thc most cffcctive way to meet future
regional demand. If so, these fxilities will be sized to incorporate this project’s
water supply nccds.
Sinccrcly,
SEACOAST yuLlTY AUTHORITY
Rim Bishok
Executive Director
cc: RonFems
Rnice Gregg
Dee Gilts
January 6,2005
MEMORANDUM
To: Ms. Natalie Wong
From: Daniel P. Clark, P.E., City Engineer
Subject : Drainage Statement for the Briger Tract
The Briger Tract is located north of Hood Road, south of Donald Ross Road, east of the
Turnpike and west of Central Boulevard in Palm Beach Gardens. The site has a
conceptual environmental resource permit issued from South Florida Water Management
District to Northern Palm Beach County Improvement District.
The site is approximately 708.14 acres. Drainage improvements to the site are identified
in the Plan of Improvements for Unit 2/2A prepared by Northern Palm Beach County
Improvement District. All of the drainage improvements have been completed or are
currently under construction. The existing Unit 2/2A Permit has established finish floor
elevations and sub-basin storage requirements consistent with SFWMD, NPBCID and
City code requirements, for the site.
Additional site specific improvements will require City and agency review and a permit
modification.
If you would like to discuss this, please call.
Attachment G
Thursday 13 of Jan 2005, Faxination ->561 799 4111
January 13,2005
LBFH (City of Pa..n Beach Gardens
3550 SW Corporate Parkway
Palm City, FL 34990
Am: Judy A.T. Dye
Subject: BrigerTract
Availability of Solid Waste Disposal Capacity
Dear Ms. Dye:
The Solid Waste Authority of Palm Beach County hereby provides certification that the
Authority has disposal capacity available to accommodate the solid waste generation for the full
build out of the proposed Briger Tract project in the yaw 2020. This letter also constitutes
notification of sufficient capacjty for concunency management and comprehensive planning
putpases. Capacity is available for both the coming year, and the five and ten year planning
perioaS spccificd in 9J-5.005(4).
As of September 30.24W4, the Authority's North County Landfills bad an estimated 37,869,813
cubic yards of landfjll capacity remaining Based upon the existing Palm Beach Couniy
population, the most raently available population growth rates published by the University of
plod& Bmau of Eamomic and Business and Research (BEBR), mdum projection, and
projected rata of solid waste generation, waste reduction and recycling, the Solid Waste
Authority fmcasts that capacity will be available at the existmg landfill through appmximately
the year 2021, assuming the depletion of the Class I and Class
balanced. The Solid Waste Authwity of Palm Beach County currently owns land that could be
developed as a landfill when the existing capacity is depleted, and easily provide capacity for 40
or more years beyond the current site capacity (i.e., beyond 2065).
landfills is approximately
Based on discussions with County planning staff regarding projects of similar scope and
magrutude, the Briger Tract should not increase the rate of population gmwth, nor the total
county population projection above that predicted in the BEBR medium projection. For this
reoson the Briget Tract pmject will not have an impact on the long-term solid waste disposal
capacity for Palm Beach County.
The Authority is funded on an enteiprise basis. The annual disposal assejsment collected from
all improved properties in the county, together with other revenues (recycling revenues.
electricity sales, etc.) fund a11 the OM and capital expenditures for the Authority, including
paying any costs associated with Bonds sold to fund capital improvements.
Tht Authority continues to pursue optiws to increase the life of its existing facilities and to
provide for all of the County's cumt and future disposal and recycling needs.
Page 2 of 3
>-- -..- ..,. ." rw:
Attachment H
Thursday 13 of Jan 2005, Faxination ->561 799 4111 Page 3 of 3
lfyoa have my questions or I can be of further assistance, please do not hesitate to contact me.
Marc C. Bruner, Ph.D.
Director of Planning and Environmental Programs
c: John Booth, SWA
Dan Clark, Palm Beach Gardens
Attachment I
0 0.25 050Km
Swrce USGS 124.000
Della (1983). Jupm (1983). Rawera Beach (1983). and Rood (1983) Quadranqles
Sections 26 and 35 Tawnahtp 41 Soulh. Range 42 East I
Figure.
Project: EP04122
July 2004
Location/Topographic Map
Briger 683-ac Parcel
Palm Beach Gardens, Florida EN V IRON M Eh TAL
SERVICES. Ih'C.
L
ENVIRONMENTAL DESCRIPTION
AND PROPOSED PROJECT EFFECTS
FOR THE
BRIGER TRACT
PALM BEACH GARDENS, FLORIDA
for
City of Palm Beach Gardens
Prepared by
Biological Research Associates
January 2005
G:\3903\009\b02\env ironmental-description .doc 20 January 2005
Attachment K
Table of Contents
1.0 INTRODUCTION ......................................................................................................................... 3
2.0 SITE BACKGROUND ................................................................................................................. 3
Historical Aerial Photo Analysis (1975-Present) ....................................................................... 5
3.0 FINDINGS ..................................................................................................................................... 8
Plant Associations ....................................................................................................................... 8
3.1.1 Uplands ............................................................................................................................. 11
3.1.2 Wetlands ............................................................................................................................ 14
3.2 Wildlife ...................................................................................................................................... 15
3.3 Listed Species ............................................................................................................................ 16
PROPOSED PROJECT EFFECTS .......................................................................................... 21
2.1
3 .I
4.0
List of Tables
Table 1 . Briger Tract Representative Plant Species ................................................................................... 8
Table 3 . Briger Tract Known and Potentially Occurring Listed Faunal Species ..................................... 17
Table 4 . Briger Tract Known and Potentially Occurring Listed Floral Species ....................................... 19
Table 2 . Briger Tract Faunal Species Occurrence (November 2004) ...................................................... 16
List of Figures
Figure 1 . Location Map .............................................................................................................................. 4
Figure 2 . 1953 Aerial Photo Image of Briger Tract ................................................................................... 6
Figure 3 . BRA Land Cover Map .............................................................................................................. 12
Attachment A
1 . November 2004 Photostation Map
2 . Photofigures (1 -25)
G.U903\009\b02\environmental.description. doc 20 January 2005
1.0 INTRODUCTION
The Briger Tract is a primarily undeveloped property of approximately 708 acres located within the
limits of the City of Palm Beach Gardens in Palm Beach County, Florida. It lies within Sections 26 and
35 of Township 41 South and Range 42 East, and is segregated into two parcels by Interstate-95
(Location Map). Both parcels are triangular owing to the diagonal orientation of 1-95, with the eastern
parcel being larger.
The surrounding vicinity has become culturally developed over the past 40 years, as detailed in a
subsequent section on historic aerial photo analysis. In general, the site is bounded on the north by
Donald Ross Road, on the west by Florida’s Turnpike, on the south by Hood Road, and is separated on
the east from Central Boulevard by an intervening corridor of recently constructed residences and
institutional structures. In the 1980s, 1-95 was constructed through the property on a northwest-to-
southeast diagonal, including an interchange with Donald Ross Road in the northwest corner. There is
no present Turnpike interchange associated with the site. Hood Road along the south boundary has an
overpass spanning both highway rights-of-way.
A general reconnaissance of the Briger Tract and vicinity was conducted in November 2004 by Senior
Ecologist Kevin Atkins, a Professional Wetland Scientist and wildlife biologist with Biological
Research Associates (BRA). Another recent assessment of the site was conducted by Environmental
Services, Inc (ESI) in July 2004 for Kilday & Associates, Inc. on behalf of Palm Beach County. That
report describes preliminary environmental findings concerning soils, vegetative communities, wetlands,
listed species and cultural resources, including initial land use and cover mapping using the Florida Land
Use, Cover and Forms Classification System (FLUCFCS), along with pertinent descriptions.
This document incorporates those preliminary findings by reference, and supplements that baseline
information with site-specific floral and faunal inventory and listed species tables, photofigures of
representative environmental conditions, an historic aerial photointerpretation analysis, and preliminary
discussion of potential environmental impacts related to a conceptual site development plan. Some
refinements to ESI cover mapping also have been included in the BRA Land Cover Map. As the
proposed project moves forward, additional site study and analysis tasks will need to be performed, as
discussed in a later section. The focus of this document is to move the site’s environmental database and
analysis closer to the submittal needs for regulatory and review agency purposes.
2.0 SITE BACKGROUND
Existing public domain databases have been obtained and reviewed for the site, such as aerial
photography, the Soil Survey of Palm Beach County Area, Florida (US Department of Agriculture
1978), land cover mapping by the South Florida Water Management District (SFWMD), and digital
ortho-photo quadrangle maps by the US Geological Survey. The land cover and use of the property has
changed little over the past half-century, particularly as compared to surrounding land uses, which
include increasing roadways and infrastructure, residences, institutional facilities and recreational
amenities. Based on the approximately 708-acre property boundary configuration studied for this
assessment the only cultural uses for the land are associated with equestrian boarding and riding
G:U903\009\bO2\environmental~description,doc 3
Quail
0 1 2 3 --- 1 inch equals 1 mile - Miles
Briger Tract
Citv of Palm Beach Gardens
facilities (Ride-a-Horse Wandering Trails Boarding), which is centered in the southeastern comer of the
site, and a nine acre area near the southwest corner known as the Batt School. The equestrian use
includes mobile homekrailer facilities and improved and semi-improved horse pasture, with trails
emanating throughout the eastern triangle parcel of the tract. In today’s site landscape, this area has the
least tree cover and occupies about 15 acres (see photofigure 17 in Attachment A). The upland and
wetland cover types are addressed in the Plant Associations section.
The topography of the site is uniformly level throughout, except for minor, sporadic depressions
associated with wetlands. The average elevation above sea level is about 15 feet. There is a significant
drainage ditch (not a canal) that traverses the site and flows from west to east in the southern portion,
and another from north to south in the eastern portion. The history of these drainage conveyances is
chronicled in the following aerial photointerpretation section. Approximately a dozen soil types have
been mapped for the property, with a high percentage considered as hydric. The majority of the uplands
occur on Myakka, Immokalee and Oldsmar sands, and wetlands occur predominately on Basinger and
Myakka sands, depressional, with some Sanibel and Okeelanta muck. The soil type general descriptions
and the available database map by the Soil Conservation Service/Natural Resources Conservation
Service were presented in the July 2004 ESI report, and are not duplicated here.
2.1 Historical Aerial Photo Analysis (1 975-Present)
For a better understanding of past and present environmental site conditions, four dates of available
aerial photo imagery were examined: 2003, 1970, 1964 and 1953. In general, this 50-year period of
record indicates three primary changes: wetlands quantity and quality have been reduced over time;
upland canopy cover, primarily by pines, has significantly increased; and cultural infrastructure
associated with roadways, residential and institutional development has literally surrounded the site over
the past half-century.
The historic imagery was obtained, with gratitude, from the Natural Resources Conservation Service
(NRCS) of the US Department of Agriculture. The 1953 imagery (Figure 2) shows no cultural
development surrounding the property, other than Hood Road at the south boundary, and the beginnings
of local and regional drainage and agricultural activities. Florida’s Turnpike, 1-95 and Donald Ross
Road did not exist at that time, but Old Dixie Highway was in place about one mile to the east. The
photography (27 November 1953) was taken about two months after the end of the normal wet season,
and indicates inundation of virtually all on-site and local wetlands, and considerable local and regional
wetland contiguity relative to present conditions. Although no canals had yet been excavated locally, a
significant drainage ditch conveyance already was cut, meandering from west to east, into the southern
quarter of the site, and another from north to south, parallel to the east property line in the eastern
quarter of the site. Some lesser internal ditching associated with wetlands occurs in several other
locations on-site.
A striking feature of the site in 1953 relative to today’s condition is the absence of forest canopy. While
the current situation involves nearly continuous canopy cover of 70 percent or greater (with the
exception of the horse-boarding area in the southeastern comer), the tree cover 50 years ago was
relatively minor. Presumably, the original pine and cypress timber resources in the uplands and
wetlands, respectively, were harvested nearly completely prior to 1950, which was common for the
5 G:U903\009\b02\environmental~description.doc
region and state. It is possible that the site’s wetlands were not historically forested. The greatest
aggregation of apparently mature trees on-site appears to have been in the southwest quarter of the
property, and those probably were hardwood species, as they predominantly are today. There was also a
small stand of trees, likely slash pines, which occurred in the north-central area of the tract. Virtually all
of the wetlands on-site appear to have no tree or shrub cover, and colonization by exotic melaleuca trees
would not yet have taken place.
The 1964 imagery still indicates an absence of cultural development in the region of the site, but
Florida’s Turnpike Mainline was in place (late 1950s), as well as Donald Ross Road. It appears that a
drainage conveyance had recently been excavated in the location of today’s right-of-way for Central
Boulevard, paralleling the east property boundary. The wetlands appear to be in relatively the same
condition as 11 years previous, with perhaps a bit more shrub cover, but similar configurations. There is
evidence of increasing pine tree cover in site uplands, and the forested cover in the southwest quadrant
had become more dense. A lineal assemblage of trees was developing along the east-west drainage
conveyance that appeared to be recently excavated in 1953. It ultimately connects to Lake Worth Creek
(Intercoastal Waterway) about 1.5 miles to the east.
By 1970, the surrounding region was beginning to change character from primarily natural and
minimally modified to increased drainage, roadways and agricultural conversion of former pinelands
and gladelands. Much of the present location of Abacoa and Florida Atlantic University had recently
been converted to row crop agriculture, and there was agricultural activity along both sides of Hood
Road at the site’s southern boundary. The Interstate 95 right-of-way had not yet been established, and
there was no additional on-site ditching, other than one along the property’s northwestern boundary,
from Donald Ross Road south, tangent to the curve in the Turnpike. In general, tree cover was
increasing throughout the site, but neither the uplands nor wetlands could be considered forested (less
than 25 percent canopy cover) 35 years ago.
The 2003 aerial imagery shows that the next three decades ushered in extensive cultural development,
locally surrounding the tract, effectively eliminating agricultural land uses, and taking advantage in
many cases of the prior conversion of natural systems to agricultural ones. The most obvious site
changes since 1970 were: the addition of the 1-95 right-of-way through the property, diagonally from
northwest to southeast; the maturation of the upland forest canopy cover throughout the site, except for
the horse boarding facilities and pastureland in the southeast quadrant; and the colonization of many
wetland basins by naturalized melaleuca trees, along with willow shrubs in some cases. The two ditch
systems described in 1953 still exist, but are less evident due to increased vegetation cover. There is a
culverted conveyance under 1-95 at the location of the original east-west ditch. The historical contiguity
of many on-site wetlands has been diminished and obscured by the rapid establishment since 1970 of the
pine-palmetto complex that dominates the uplands today. Local, regional and wellfield drainage
impacts also have contributed to a general decrease in wetland vigor, hydroperiod conditions and
connectivity. By the end of 2004, the Briger Tract was effectively surrounded on all sides by residential,
institutional and other cultural developments.
7
3.0 FINDINGS
3.1 Plant Associations
This section provides a summary of initial environmental findings for the Briger Tract. Additional and
more detailed site studies will be required prior to any proposed site plan permitting. The preliminary
mapping of upland and wetland natural features contained in this document and the ESI report will need
further refinement prior to site plan development approval (DRI-ADA) and Environmental Resource
Permit (ERP) application submittals to the pertinent regulatory and review agencies. However, the
initial descriptions provided in the Vegetative Communities section of the ESI report are a framework
that will be enhanced as appropriate for such submittals, with input from BRA’S continuing
investigations. As part of the completeness for agency submittals, BRA has developed a Briger Tract
Representative Plant Species inventory (Table 1) based on site-specific occurrence.
Table 1. Briger Tract Representative Plant Species
I Common Name I Scientific Name
G:U903\009\bO2\environmental~description.doc 8
I Common Name 1 Scientific Name
G:U903\009\b02\environrnental~description.doc 9
Common Name I Scientific Name
G:U903\009\b02\environmenta~description.doc 10
Common Name 1 Scientific Name 1 Smartweed Polygonum sp.
Smutgrass Sporobolus poirettii
Southern cattail Typha domingensis
Southern needleleaf Tillandsia setacea
SDanish moss Tillandsia usneoides
SDatterdock 1 NuDhar advena I
SDikerushes I Eleocharis SDD. I
St. John’s -worts I HvDericum SDD. I
Uplands 3.1.1
BRA’S upland habitat and land cover mapping has identified twelve FLUCFCS code types with the
following acreages and percent cover relative to a total site area of 708 acres (see BRA Land Cover
Map).
Improved Pasture - FLUCFCS code 21 1; 40.6 acres; 5.7 percent
Unimproved Pasture - FLUCFCS code 212; 15.6 acres; 2.2 percent
Horse Farm - FLUCFCS code 251; 15.9 acres; 2.2 percent
G:U903\009\b02\environmental~description.doc 11
0 0 N 0
Dry Prairie (herbaceous) - FLUCFCS code 3 10; 5.3 acres; 0.7 percent
Shrub and Brushland - FLUCFCS code 320; 1 1.2 acres; 1.6 percent
Pine Flatwoods - FLUCFCS code 41 1; 424.3 acres; 60 percent
Pine - Mesic Oak - FLUCFCS code 414; 52.5 acres; 7.5 percent
Brazilian Pepper - FLUCFCS code 422; 3.2 acres; 0.5 percent
Melaleuca - FLUCFCS code 424, 33.1 acres; 4.7 percent
Australian Pine - FLUCFCS code 437; 0.7 acres; 0.1 percent
Mixed Hardwoods - FLUCFCS code 438; 20.5 acres; 2.9 percent
Total Upland Cover - 623.0 acres; 88 percent
The dominant cover type on-site can be classified under the general category of Pine Flatwoods, with
about 60 percent of the total area. As noted in Section 2.2, the pine canopy and saw palmetto-dominated
understory has regenerated, following presumed harvesting, over the past 50+ years. The vegetative
constituents and quality of native pine flatwoods habitat varies throughout the property, but all areas
with a prevalence of slash pine canopy greater than 50 percent, and with predominantly native plants in
the ground cover and understory, have been mapped in this category (see Photofigures 1, 5, 10 and 20).
Some such areas may lack saw palmetto in the understory, some may have cabbage palm and oak
components, and some have naturalized melaleuca invasion. The more classic flatwoods composition
that includes gallberry, myrsine and wiregrass, among other associates, is frequently not the case. In
many areas the saw palmetto understory is very robust, to the exclusion of other plants.
Throughout the property exotic melaleuca trees have invaded uplands, as well as wetlands, and
colonization by this ecologically detrimental species continues to increase (see Photofigures 2, 3, 8, 11
and 13). This cover type has been separately mapped where it dominates the vegetation in areas of an
acre or more. Most of these areas are associated with present and former wetlands, but about 33 acres
have been mapped within uplands. A number of other nuisance tree species also occur in various habitat
types, but usually in sporadic occurrences rather than colonies (Photofigure 7). Solid stands of exotic
Brazilian pepper and Australian pine have been separately mapped in uplands, with about three and one
acres, respectively.
The improved and unimproved pastureland, and the equestrian land use (Photofigure 17), totaling about
70 acres, are not considered native upland habitat. The same is true for the disturbed plant assemblage
mapped as Shrub and Brushland (about 11 acres). Deleting these cover types and the exotic-dominated
areas from the overall uplands yields about 500-520 acres of native upland habitat for site classification
purposes. Quantification of native upland cover will be refined prior to permitting.
G:\3903\009\b02\environmental~description.doc 13
3.1.2 Wetlands
The functions, values and extent of wetlands on-site are subject to interpretation, and the reasonable
scientific judgment of environmental professionals and regulatory personnel may differ. The ESI report
(page 6) states that in 1965 “the property appeared to be dominated by wetlands,” but that currently it is
“characterized as predominantly native upland vegetation.” That report further mentions that, “the
majority of wetlands on the property today exhibit reduced hydrology and are infested with upland and
exotic vegetation.”
The opinion that wetlands were more prevalent on-site 40 and more years ago is supported by historical
aerial photography, the mapping of hydric soils in the late 1970s, and undoubtedly by local and regional
surficial water table reductions in recent decades. It also appears from older aerial photography and the
soils mapping that there was more contiguity between site wetlands historically, as opposed to the
generally isolated nature of wetland pockets today. Analysis of 1953 aerial photography (Figure 2)
indicates that most wetlands in the southern one-third of the property were naturally connected, and also
linked by that time by a recently excavated drainage conveyance, with drainage to the east. The
northern two-thirds of the tract appears to have drained to the northeast via a number of sloughs that
linked many, if not most, site wetlands. This surficial drainage naturally passed off-site immediately
east of present-day Abacoa and Florida Atlantic University toward the Intracostal Waterway.
It is apparent that the combination of enhanced surficial drainage (via two significant regional ditches
that extend into the site), modifications of drainage patterns and surficial hydrology by surrounding
major roadways, and local water level and duration (hydroperiod) reductions by canals and wellfield
production have reduced the on-site area of wetlands that can be claimed as jurisdictional by the state
(SFWMD) and by the federal US Army Corps of Engineers (COE). At issue for site developmental
permitting is the extent and location of wetlands that today can be classified as jurisdictional based on
existing soils, hydrology and vegetation. Such determinations have been made more difficult by
extremes of drought and flooding in recent years, including the extreme hurricane season of 2004. As a
result, the preliminary wetland jurisdictional interpretations of ESI (about 54 acres) and BRA (about 76
acres) vary, and more in-depth site investigations, along with regulatory agency opinions, will be
required to finalize this determination. It is reasonable to assume that the cumulative wetland area on-
site claimed by the SFWMD and/or COE will be between 50 and 100 acres with some isolated wetlands
not jurisdictional for the COE. This determination will be made, in conjunction with the pertinent
agencies, prior to the ERP permitting process. An appropriate mapping and quantification of wetlands
will be refined prior to submittal of the DRI-ADA.
The ESI report (page 11) contains preliminary descriptions of site wetlands that can be augmented as
necessary for DRI-ADA and ERP submittals. Refinements for those purposes will include enhanced
details concerning indigenous plants and wildlife, a discussion of functions, values and the generally
diminished quality for most systems, and probably the discrimination of one or more wetland sub-types.
BRA’S Land Cover Map for the Briger Tract produced for this document has begun that process, but
additional site-specific studies are required and will be conducted.
14
An area at issue in this regard occurs in the southern portion of the western triangle parcel. There is a
forested association of mixed hardwoods and pine-mesic oak trees that occurs on soils mapped as
Pinellas, Anclote, Myakka and Holopaw sands. The tonal signature on historic aerial photography
suggests saturated soils conditions, and for unknown reasons many of the trees were not harvested
over50 years ago when almost all of the other timber on-site had been removed. Today, preliminary
inspection indicates ambiguous wetland indicators relative to soils, hydrology and vegetation. Further
investigation of these parameters is warranted, as are agency determinations from the SFWMD and the
COE. This settlement of classification is important since even a partial claim of jurisdiction could add
20 or more acres of forested wetlands to the site’s inventory. The two vegetative cover types involved
in this area have the property’s most mature tree specimens and highest botanical diversity. Even more
than the rest of the tract, this plant assemblage was disturbed and damaged by Hurricanes Frances and
Jeanne in the late summer of 2004. Following those two storms, and record September rainfall for the
area, there was evidence of west-to-east sheet flow through all site lowlands and much of the uplands
due to the extraordinary conditions.
A few site wetlands retain good quality hydrologic and hydrophytic conditions in association with
seasonally wet and semi-permanent inundation, and muck soils conditions (see Photofigures 12, 16 and
18). Most of the wetlands are more transitional in nature, having evolved from glades-type emergent
marshes and seasonally wet prairies strung together to form eastward flowing sloughs historically, and
since have been adversely affected by hydrologic modifications to surficial and sub-surface water
resources locally and throughout the region. The overall reduction in hydroperiod has allowed for
invasion by detrimental plants, principally melaleuca, and encroachment by upland species. Virtually all
of the wetlands with a shallow basin and a sandy substrate are now dominated by “facultative” and
“facultative-wet” plants rather than “obligate” hydrophytes. Examples are presented in Photofigures 2,
3, 4, 9, 11, 13 and 14. Nonetheless, many of these areas still meet sufficient state and/or federal criteria
for classification as wetlands. A discussion of the mitigation aspects of potential project impacts is
provided in Section 4.0.
3.2 Wildlge
Wildlife and listed species surveys of the site that meet the state (Florida Fish and Wildlife Conservation
Commission [FFWCC]) and federal (US Fish and Wildlife Service [USFWS]) criteria for sufficiency by
habitat type have not yet been undertaken. Appropriate field studies and the species to be addressed will
be coordinated with the FFWCC and USFWS. Pertinent representatives of those agencies will visit the
site in January 2005. Warranted investigations and documentation will be carried out and reported prior
to project permits issuance.
Since only preliminary field studies have been undertaken to date, the known and expected vertebrate
fauna inventory for the site is incomplete. BRA’S tabulation of opportunistically encountered animals is
presented in Table 2, including 13 bird species, five (5) mammals, four (4) reptiles and two (2)
amphibians. The ESI report contains a similarly brief listing of faunal occurrence (page 14). Additional
information will be gathered on all fbture site visits leading up to application submittals to the agencies,
and there will be continued coordination with representatives of the FFWCC and USFWS throughout
the process.
G:U903\009\bO2\environmental~description.doc 15
Table 2. Briger Tract Faunal Species Occurrence (November 2004).
11 Southern toad I Bufo terrestris I
Black racer Coluber constrictor
Brown anole Anolis sagrei
Gopher tortoise (sign) Gopherus polyphernus
Green anole Anolis carolinensis
3.3 Listed Species
As noted above, field survey criteria for general wildlife and listed plant and animal occurrence have not
yet been met by the preliminary nature of the ESI and BRA studies of the Briger Tract and vicinity.
Some listed species have particular survey requirements related to type, time, duration and coverage of
effort, available habitats, and season(s) of the year. A proposed tabulation of known and potentially
occurring listed species (flora and fauna) has been presented to the FFWCC and USFWS for review and
approval. BRA has developed and attached these lists as Table 3 (listed fauna) and Table 4 (listed
flora). The lists will be refined, if necessary, following further coordination with the wildlife agencies.
16
Tract Known and Potentiall Occurrir I Listed Faunal Soecies.
American
alligator
SSCITISA Alligator Wetland and aquatic
rangeland
Pedestrian and
vehicular transects
Pedestrian and
vehicular transects
0
TIT Audubon’s
Crested
Caracara
Bald Eagle
L
Haliaeetus
leucocephalus
Pedestrian and
vehicular transects
TIT Nest in tall trees
(usually pine) near
coasts, rivers, lakes
and wetlands
Sandhills, ruderal
communities, dry
prairies; ag. land
A diversity of
upland/low land
habitat
Ursus americanus Forested wetlands
floridanus and uplands
Ammodramus Open prairies and
savannarum rangeland
floridanus
Felis concolor coryi I Large wilderness
L
Burrowing
Owl
Athene cunicularia SSCI- Pedestrian and
vehicular transects
Pedestrian and
vehicular transects
Pedestrian and
vehicular transects
Pedestrian transects
and playback tapes
L
TIT
Tl-
Eastern indigo
snake
Drymarchon corais
couperi M
L Florida black
bear
Florida
Grasshopper
Sparrow
Florida
L
E/E
EIE L Pedestrian and
vehicular transects
Pedestrian and
vehicular transects;
aerial nest survey
Pedestrian and
vehicular transects
panther
Florida
areas
Breed in emergent
palustrine wetlands;
forage in
pasturesfprairies
Long hydroperiod
wetlandslaquatic
systems with
Pomacea snails
Xeric oak scrub, sand
pine scrub, breed in
shallow grassy ponds
or ditches, use
tortoise burrows
Sandhills, xeric oak
scrub, sand pine
scrub, scrubby
flatwoods;
agricultural lands
Nest in a variety of
ground and tree
locations, uses
streams, swamps, and
marshes with apple
snails
Breeding: marshes,
swamps, ponds,
estuaries, rivers; nest
in shrubs and small
~
M
TI- Grus canadensis
pratensis Sandhill Crane
E/E Rostrhamus
sociabilis plumbeus
Florida Snail
Kite L
SSCI-
SSCI-
Rana capito Pedestrian transects;
inspection of burrow
entrances
Gopher frog
M
Gopher
tortoise
Gopherus
polyphemus
Burrow survey 2
25% in suitable
habitat; pedestrian
transects
0
Aramus guarauna Pedestrian and
vehicular transects
SSCI- Limpkin
M
Little Blue
Heron
Egretta caerulea Pedestrian and
vehicular transects
SSCI-
H
G:L3903\009\b02\environmental~description.doc 17
State/Federal
TIT
trees
Mature pine
woodlands
Breeding: marshes,
swamps, ponds,
estuaries, rivers; nest
in shrubs and small
trees
Breeding: marshes,
swamps, ponds,
estuaries, rivers; nest
in shrubs and small
trees
Sandhill and open
rangeland nest in
cavities of dead trees
and abandoned
woodpecker nests
Breeding: marshes,
swamps, ponds,
estuaries, rivers; nest
in shrubs and small
trees
Breeding: marshes,
swamps, ponds,
estuaries, rivers; nest
in shrubs and small
trees
Breed in emergent
palustrine wetlands;
forage in pastures
Estuarine or
freshwater wetlands;
nest in tops of trees in
cypress or mangrove
swamps
L Red-cockaded
Woodpecker
Roseate
Spoonbill
Picoides borealis Pedestrian and
vehicular transects
Pedestrian and
vehicular transects
Ajaia ajaja SSCI-
L
Snowy egret Egretta thula Pedestrian and
vehicular transects
SSCI-
TI-
H
Southeastern
American
Kestrel
Falco sparverius
paulus
Pedestrian and
vehicular transects
L-M
H
Tricolored
Heron
Egretta tricolor Pedestrian and
vehicular transects
~
H
SSCI- Pedestrian and
vehicular transects
White Ibis Eduocimus albus
Grus americana Pedestrian and
vehicular transects
“Experimental
population”
Whooping
Crane
Wood Stork
L
E/E Mycteria americana Pedestrian and
vehicular transects
0
18
Table 4. Bri er Tract Known and Potential1 Occurrin I L Bahama brake Pteris bahamensis
fern
Beach Jacquemontia reclinata
jacquemontia
Beach star Remirea maritime
Beachberry Scaevola plumieri
Blue butterwort Pinguicula caerulea
Brown-hair Ctenitis submarginalis
comb fern
Burrowing four- Okenia hypogaea
o’clock
Catesby’s lily Lilium catesbaei
Celestial lily NemastylisJloridana
Climbing vine Microgramma heterophylla
fern
Coastal vervian Verbena maritima
Curtis’ milkweed Ascelpias curtissii
Cutthroat grass Panicum abscissum
Dancing lady Tolumnia bahamensis
orchid I Delicate ionopsis Ionopsis utriculariodies
Dildoe cactus Acanthocereus teragonus
Erect prickly-pear Opuntia stricta
cactus
Florida jointtail Coelorachis tuberculosa
Florida Keys Indigofera mucronata var keyensis
indim
Florida lantana Lantana depressa
Florida Dalea carthagenesis var. jloridana
prarieclover
Florida threeawn Aristida rhizomophora
grass
Four-petal Asimina tetramera
pawpaw
Giant swordfern Nephrolepis biserrata
Golden golden Acrostichum aureum
leather fern
Hand fern Ophioglossum palmatum
G: \3903\009\bO2\environmental~description. 19 doc
VL (coastal)
(pine
-/CI
VL (coastal) I10
M (swamp)
M (swamps,
hvdric hammock)
-/I I 12 I
VL (beach dunes) l6 -/I
M - H (flatwoods) I -/R I12 1
M - H (flatwoods) I 4.5 I Mgmt
ConcedI
(rockland 8 -/R VL
hammock)
VL (coastal) -/I 6
-/R 8
M (swamp) -/I 8
I
VL (scrub) -/CI I-
VL (deep strand
swamps)
VL (coastal)
VL (coastal scrub)
M (marshes)
VL (pine
rockland)
VL (coastal)
VL (Pine
rockland)
M - H (flatwoods
marsh)
L (scrub)
-1 12
4- q=
4.5 -1- + E/CI
M (swamps) -I- 11
11 I VL (coastal)
I I
M (cabbage palm) I -/I 16
Hayscented fern Dennstaedtia bipinnata
Inflated wild-Pine Tillandsia balbisiana M (cypress) -1- 12
VL (scrub) -m 12 Large-flowered Conradina grandijlora
conradina
Night-scented 1 Epidendrum nocturnum
etidendrum
VL (deep strand
Nodding pinweed Lechea cernua
Okeechobee Cucurbita okeechobeensis
gourd
10 - EICI M (swamps,
floodplains)
VL (scrub) I CI - - -/CI L (hammock
flatwoods)
-1 1 rockland)
VL (coastal) -1- Sand-dune spurge Chamaesyce cumulicola
Satinleaf Chlysophyllum oliviforme
5
11 L (rockland 1 ,
hammock
hammock
Silver thatch palm Coccothrinax argentata
5 Simpson’s rain Zephyranthes simpsonii
lily
Southern ladies’- Spiranthes torta
tresses
Spreading Lechea divaricata
pinweed
Star-scale fern Pleopeltis astrolepis
-/R M (savanna,
flatwoods) - M (pine rockland) -/CI
7 L - M (flatwoods) -/I
-/CI VL
hammock slough)
L (pine rockland) E/CI
L - M (cypress
swamp)
L - M (rockland
hammock)
(hydric
-/I
0 (cypress) -/R
VL (coastal) 4-
2
4
vein fern
soleenwort
12 Twisted airplant Tillandsiaflexuosa
Yellow nicker Caesalpinia major 5.5
The floral list was produced based on known occurrence in Palm Beach County as reported by the
Florida Natural Areas Inventory and by the Institute for Systematic Botany at the University of South
Florida. This list includes the Rule 95-2.041 F.A.C. Department of Community Affairs (DCA) list, plus
any plant that the Florida Endangered Plant Advisory Council has given a rank of 12 or less. The listed
20
faunal survey will follow species-specific procedures outlined in the FFWCC’s “Wildlife Methodology
Guidelines” for ADA approval, as well as any negotiated USFWS protocol.
To date, the preliminary listed species surveys associated with the Briger Tract that have been conducted
by ESI and BRA have identified the occurrence of only one (1) resident listed animal, the gopher
tortoise (Gopherus polyphemus), which is considered a Species of Special Concern by the FFWCC, and
is not listed by the USFWS. This species currently is being reviewed by the FFWCC for elevation to
Threatened status, but any potential action is not anticipated prior to project permitting. The vast
majority of the property has only marginal habitat for the tortoise and only remnant individuals are
expected to be located by specific field surveys. Although no individuals have been observed, a few
active burrows and recent evidence (scat) have been encountered.
Several Wood Storks (Mycteria americana; endangered) were observed foraging opportunistically in a
nearly dry wetland in the southeast quadrant in November 2004. Other potential species, along with
their preferred habitat, sampling method, probability of occurrence, and state/federal legal status, are
indexed in Table 3. No significant listed plant species have been identified on-site, and highly
consequential protected plant or wildlife issues for site development are not expected. At the time of
this report, the nearest known Southern Bald Eagle (Huliuectus leucocephalus; threatened) nest (#PB 12)
was located about 1.5 miles northeast of the site; 2005 nest survey data are currently being calculated.
4.0 PROPOSED PROJECT EFFECTS
The Briger Tract is a presently undeveloped property of about 708 acres situated within the City of Palm
Beach Gardens in Palm Beach County, and is surrounded by existing roadways, residences, schools and
recreational amenities. Despite its generally natural character, appropriate development of the site
would be compatible with the local land uses, pending rezoning and other local/regional government and
permitting approvals. While none of the existing natural resources appear to present any “fatal flow”
impediments to development, a site plan that optimizes cultural use of the available land area will
require certain considerations for the natural environment, and probably both on-site and off-site
mitigation for unavoidable environmental impacts. This document is not accompanied by a specific site
plan, but probable effects can be deduced at this point in the process for a large-scale project to include
six to eight million square feet of research and development, along with some residential, professional
office and commercial uses. The following discussion is predicated on the vision that at least three-
quarters, or a minimum of 550 acres, of the overall tract would be subject to development in order to
accommodate these uses.
The previous sections of this document were devoted to identifying the extent of existing, preliminary
environmental information about the property, and also the types of tasks that still need to be performed
in order to produce a sufficient DRI-ADA and a complete ERP permit application. These continuing
environmental tasks will include the following:
21
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
e
Final cover mapping refinements and acreages by type for both uplands and wetlands.
Pre-application project meetings with environmental regulatory and review staff with state
(SFWMD and FFWCC), federal (COE, USFWS and possibly the US Environmental Protection
Agency) and county (PBC-ERM) agencies.
Field-flagging of state/federal wetland jurisdictional delineations (if required after pre-
application meetings).
SFWMD and COE field verification of wetland conditions, and delineation flagging (if required)
for survey and mapping.
Establish seasonal high water (SHW) elevations for each wetland, and get agency approvals for
subsequent survey.
Coordinate with surveyors, as necessary, on wetland delineations and SHW elevations, and QC
mapping products.
Conduct field/office functional evaluations of wetlands using Florida’s Unified Mitigation
Assessment Methodology (UMAM) as required by SFWMD.
Conduct qualitative evaluations of wetlands using the Wetland Rapid Assessment Procedure
(WRAP), if required by the COE following pre-application discussions.
Get approval for listed plant and animal species for the site from the FFWCC and USFWS, and
also for any species-specific field survey methodologies.
FFWCC and USFWS field verification of conditions and habitats on-site.
Conduct listed species field surveys and map results for flora and fauna.
Environmental coordination with site planners and drainage engineers, especially concerning
avoidance and minimization of environmental impacts.
Determination of native upland and jurisdictional wetland impacts from implementing the site
plan.
Determination (quantification) of wetland “loss” parameters for mitigation purposes including
direct, secondary and cumulative impacts.
Development of an on-site upland and wetland mitigation plan to the extent practicable, and
quantification of environmental “lift” parameters.
Supplement, as necessary, any on-site mitigation plans with a viable/permittable off-site plan.
22
Ensure consistency of all environmental planning and mitigation with City, County, State, and
Federal rules, ordinances and regulations.
Produce required DRI-ADA environmental responses, including Map F, Map G, Question 12
and Question 13.
Produce environmental data, text and mapping for Sections D and E of the Environmental
Resource Permit application, in coordination with the design and drainage engineers, for
submittal to state and federal regulatory and review agencies, and respond to any requests for
additional information.
Proposed project wetland impacts could affect over two-dozen individual systems and 50 or
more total acres, depending on the final site plan. Over one mile of long-standing drainage
ditching also may be claimed as jurisdictional by the SFWMD and/or COE. An appropriate
mitigation plan will begin by preserving and enhancing all possible wetlands on-site. If wetland
losses outweigh proposed on-site mitigation lift, off-site supplemental lift will be identified.
Recently, the City of Jupiter was required by the SFWMD to mitigate for identified hydrologic impacts
to some Briger Tract wetlands (in the northwest quadrant, as a result of nearby wellfield groundwater
withdrawls) by purchasing credits at the Loxahatchee Mitigation Bank. Although this site is very far
north for the service area of that bank, and the District likely would prefer another off-site option, few
are available and the permitting precedent may have been set by the November 2004 wellfield
settlement. It is worth noting that the Lemon Grove Mitigation Bank, while not yet permitted, recently
had its service area negotiated with the District to specifically include the Briger Tract. Additional off-
site wetland mitigation opportunities potentially could be provided on public lands requiring restoration
in the same drainage basins that are owned by Palm Beach County or local government. Any or all of
these off-site options for partially mitigating on-site wetland impacts will have to be negotiated with the
SFWMD and the COE, with probable collaboration with the County.
With respect to native upland habitat considerations, it has been preliminarily determined that about 500
acres on-site will be included in this category, with the vast majority being pine flatwoods. The site
development and mitigation plans must be consistent with the Conservation Element of the City of Palm
Beach Gardens Comprehensive Plan, and also with the Environmental Standards for Palm Beach County
and the Strategic Regional Policy Plan of the Treasure Coast Regional Planning Council, to the extent
they are applicable.
While Section 78-250 of the City of Palm Beach Gardens Land Development Regulations requires the
preservation of 25 percent of viable environmentally significant lands, intact with canopy, understory
and ground cover, such as pine scrub, xeric oak forest, hardwood hammock, and pine flatwoods, Section
78-252 of the City of Palm Beach Gardens’ Land Development Regulations allows alternative forms of
mitigation of the 25 percent set aside. The mitigation methods adopted within the City’s code include
off-site preservation, payment in lieu of preservation, and environmental restoration or creation. In the
case of the Briger Tract, this set aside, whether mitigated off-site, preserved on site, or a combination
thereof, will total approximately 125 acres. Pending a site plan approval, it would seem most logical
that a portion of the set aside could occur in the northern portion of the western triangle parcel, where it
can be discrete from development and properly managed.
G:U903\009\b02\environmental~description,doc 23
Another potential effect of the proposed project involves state and federal listed species, and animals in
particular. Any listed plants occurring on-site technically belong to the landowner, who can relocate or
even remove specimens at their discretion. Regarding listed wildlife, it is known that there is resident,
but limited use of the site by gopher tortoises (Species of Special Concern; state) and transient use by
Wood Storks (Endangered; state/federal). Preliminary findings suggest that the tortoise population may
be scattered and small, and individuals in harm’s way perhaps can be relocated to an on-site upland
preserve. If necessary, other mitigation options can be addressed following location and quantification
of this species’ occurrence.
The FFWCC will require tortoise-specific surveys to be conducted in at least 25 percent of available
habitat for assessment of the population and mitigation needs. For relocation on-site (assuming
appropriate recipient area conditions) a complete survey and burrow location marking would be required
in order to avoid “incidental take” permitting and compensation. It is likely that the FFWCC and/or
USFWS will require additional species-specific surveys on-site for such animals as the gopher frog
(concurrent with tortoise burrow surveys), Southeastern American Kestrel (primarily in the southeast
quadrant of the site) and Species of Special Concern wading birds. Based on the initial site studies,
listed species utilization of the property appears minimal, but that determination will require additional
site investigations and FFWCCLJSFWS consultation, which will occur in association with DIU-ADA
and ERP application preparation tasks.
24
Attachment A
Briger Tract Photofigures
November 2004
1. Photostation Map
2. Photofigures (1-25)
0 600 1200 1800 2400 Image 1999 Senes USGS DOQQ
I-- I Feet 1 inch equals 800 feet
BRIGER TRACT
NOVEMBER 2004 PHOTOFIGURES
Photo 1. Typical stand of slash pine and young cabbage palms in northeast quadrant of
site (debris and poor condition result from two recent hurricanes).
Photo 2. Transitional edge of a wet prairie that has standing water, with melaleuca in the
transitional zone and remnant hydrophytic vegetation including buttonbush, Baker’s
cordgrass and Carolina willow.
Photo 3. South side transitional zone of the same wetland showing melaleuca invasion
and algal mat hydric indicators.
Photo 4. Eastern view across the same wetland basin showing melaleuca, cabbage palm,
wax myrtle and transitional grasses invasion.
Photo 5. Typical pine flatwoods with saw palmetto and gallberry understory in the
northern portion of the tract.
Photo 6. Small area of north-south oriented open upland with bahia grass, surrounded by
slash pine, melaleuca, cabbage palm and some Australian pine.
Photo 7. Depicts invasion by naturalized earleaf acacia (Acacia auriculiformis) at the
edge of pine flatwoods.
Photo 8. North view of a stand of young melaleuca densely invading an open transitional
area with broomsedge, dog fennel and disturbed site plants.
Photo 9. North view of a circular depression that is a seasonally wet wetland,
broomsedge, dogfennel, melaleuca, maidencane, and cordgrass.
with
Photo 10. Northwest quadrant of the property, looking east toward slash pines and dense
saw palmetto averaging 6-7 feet tall, clearly marking the historic wetland basin edge.
Photo 1 1. The same wetland showing significant encroachment by sapling melaleuca, the
dry, sandy substrate of the basin, and mature melaleuca and pine trees in the background.
Photo 12. Small, circular basin that is adjacent to the east right-of-way of northbound I-
95, near where the exit ramp taper begins; increasingly scrubby, but with good
hydrophytes.
Photo 13. An ephemeral wet prairie basin, historically connected to the wetland pocket
in Photo 12, and experiencing melaleuca invasion..
Photo 14. Small, circular basin that appears to have been dewatered over time perhaps
due to the local wellfield.
Photo 15. North view of the wetland system that is just south of Donald Ross Road and
Heights Boulevard showing basin inundation and melaleuca invasion.
Photo 16. Small marshkhrub wetland in the southeastern quadrant of the property at the
northwestern edge of the pastureland area.
Photo 17.
southeastern corner of the site..
View of the semi-improved pasture area, from north to south, in the
Photo 18. Large (approximately six acres) freshwater marsh and willow swamp adjacent
to the east side of the northbound right-of-way for 1-95, viewing from northwest to
southeast, showing inundation, sapling pine invasion and extensive sawgrass.
Photo 19. Typical horse trail through northeast quadrant flatwoods, showing pines and
saw palmettos, and an upland association of gallberry, staggerbush, and wiregrass.
Photo 20. Forested association in the southwest corner of the site that includes guava,
balsam apple, red mulberry, strangler fig, cabbage palm, various hardwoods and ferns,
with invasion by Brazilian pepper.
Photo 21. North-looking view from the southwest corner of the Turnpike/Hood Road
intersection showing an inundated seasonally wet prairie and a foraging Great Egret.
Photo 22. Near the same spot looking to the northeast at a willow-dominated shrub
swamp, with red maples, oaks and pines in the background.
Photo 23. North view from the top of the Hood Road bridge over 1-95 looking at the
breadth of the tract as it is bisected by the Interstate, the eastern parcel on the right and
the western parcel on the left.
Photo 24. View from the same location looking east-northeast at cleared land associated
with a horse boarding landuse and pine-dominated woodland.
Photo 25. View from the same location looking northwest toward the western parcel and
oak-pine association and edges of a couple of wetlands fragmented by 1-95.
MARKET ANALYSIS
FOR A 708.14 ACRE PARCEL KNOWN AS THE BRIGER TRACT FROM RESIDENTIAL LOW (RL)
LAND USE DESIGNATION TO MIXED USE (MXD) LAND DESIGNATION AS A RESULT OF A CITY-
WIDE ECONOMIC DEVELOPMENT INITIATIVE TO DIVERSIFY THE TAX BASE.
SUBJECT AREA
The Briger Tract is located within the municipal boundaries of the City of Palm Beach
Gardens. The 708.14-acre parcel is generally bounded to the south by Hood Road,
bounded to the east by the Residential Low (RL) San Michele community, the Benjamin
School and Mixed Use (MXD) development, Legends at the Gardens; to the north by
Donald Ross Road then the Town of Jupiter, to the west by Florida’s Turnpike and Palm
Beach County Residential Community of East Pointe and is bisected by Interstate 95
(FDOT State Road No. 9).
DEMOGRAPHIC ANALYSIS
Generally speaking, the Palm Beach Gardens’ workforce is comprised of professionals
who are in the middle of their career cycle, stable and highly educated. Figures I, 2, &
3. Management, professional, and related fields account for 46.9% jobs held by Palm
Beach Gardens’ citizens according to the U. S. Census 2000. See Figure 1.
Figure 1
Distribution of Occupations in Palm Beach Gardens
Government workers
(local, state, or federal)
10 9%
Manufacturing 6% -
\\
Agriculture, forest i
fishing. 8 hunting 0 2% Management,
professional. and
Production. related 46 9% transportation and - I
material moving 5 7%
Construction, extraction. ~
8 maintenance 4 6%
Farming. fishing 8
forestry 0 2%
Sales 8 office 30 3%
Service 12 3%
Source: GCT-PI3 Occupation, Industry, and Class of Worker of Employed Civilians 16 Years and Over
Data Set: Census 2000 Summary File 3 (SF 3) - Sample Data
Companies that require sophisticated skill sets would be a proper ‘‘fit‘‘ for Palm Beach Gardens based on the number
of residents that are currently employed in management and professional level jobs.
1 Attachment L
Figure 2
Median Age of Population
Palm Boca Boynton Royal Wellington West
Beach Raton Beach Palm Palm
Gardens Beach Beach
US Census 2000 - DP .I
Data Compiled from US Census 2000 - DP 1
Residents in Palm Beach Gardens are, most likely, midway through their employment cycle.
Figure 3
Population 25 81 Over With Bachelor's Degree or Higher
50
45
40
35
c .E 30 c - 3
25 n
O 20 s
-
15
10
5
0
Data Compiled from US Census 2000 - DP 2
Residents in Palm Beach Gardens are highly educated when compared to other municipalities in Palm Beach County
which indicates that the workforce is comprised of professionals.
2
As a further indication of skill sets, Palm Beach Gardens’ residents enjoy higher
earnings than their counterparts in other municipalities in Palm Beach County.
Additionally, the small gap between median household and per capita income in Palm
Beach Gardens seems to indicate that there is one “breadwinner” or primary wage
earner per household. See Figure 4.
Typically speaking, the larger the gap between household and per capita income, the
more likely it is that there are two or more people contributing to the household income.
By contrast, the smaller the gap, the more likely it is that the monies are derived from
other income sources such as investments in real estate, stock markets, etc. Normally,
household and individual income levels are reliable indicators of skill sets and
educational background and provide valuable insights to types of employment
opportunities that are needed.
Based on an analysis of the demographic data, one may ascertain that residents in
Palm Beach Gardens have the necessary skill sets to attract companies that pay an
annual salary of $45,107 or higher (median salary + 10% = value-added employer for
Palm Beach Gardens). Figure 4.
Figure 4
Median Household Income vs Per Capita Income
$80,000
$70,000
$60,000
$50.000
$40,000
$30,000
$20,000
$10,000
$0
Palm Beach Boca Raton Boynton Beach Royal Palm Wellington West Palm
Gardens Beach Beach
Data Compiled from US Census 2000 - DP 3
Data indicates that the majority family income is generated from one breadwinner in
Palm Beach Gardens’ households.
As stated in Section 3.8 of the Economic Development Report that was presented to the
Treasure Coast Regional Planning Council and adopted SRPP on December 15, 1995,
“Services and Retail, the two fastest growing employment sectors in the Region, are
highly reliant on tourism and in-migrating population for continued growth. This
dependency causes fluctuating employment, and makes the local economy susceptible
to economic cycles.” The service and retail sectors are not considered value-added
employers under economic development parameters in Palm Beach Gardens given that
value-added employment would require that wages exceed $45,1 07 per year.
Therefore, it is necessary to seek other industry sectors that would be a more
appropriate fit for the skill sets of Palm Beach Gardens’ residents.
When analyzing the top employers within the municipal boundaries of Palm Beach
Gardens, a definite shortage of value-added employment options for residents becomes
evident. See Figure 5. There are 28,880 citizens in the labor force in Palm Beach
Gardens according to the U.S. Census 2000: DP-3. When compared to the 46.9% of
those that are classified by the Census Bureau as management, professional and other
related fields, the City appears to be in a deficit situation in job creation. Ideally, Palm
Beach Gardens should have had a minimum of 13,544 value-added employment
options in the year 2000 in order to maintain a sustainable community. Simply stated,
indications are that the vast majority of the employment base currently existing in Palm
Beach Gardens does not match the skill sets of the residents.
Figure 5
TOP EMPLOYERS IN PALM BEACH GARDENS
COMPANY
1. Palm Beach Gardens Medical Center
2. Divosta & Company
3. PGA National Resort & Spa
4. The Wackenhut Corporation
5. City of Palm Beach Gardens
6. Implant Innovations, Inc. - 3i
7. South Florida Blood Bank
8. Catalfumo Construction
9. Belcan Corporation
10. LRP Publications
11. Palm Beach Gardens Marriott
12. Anspach Companies
13. WCI (Watermark Communities)
14. Suffolk Construction
# of EMPLOYEES PRODUCT
1,100
800
700
500
432
425
300
264
208
200
200
170
100
66
Health Care
Construction
Hotel
Headquarters (Security)
City Government
Dental Implants (RID)
Blood, Plasma
Construction
Aerospace Engineering
Publishing - Periodicals
Hotel
Surgical Equipment (RID)
Construction
Construction
[ Top 14 Corporations in PBG 2,603 Value-Added Jobs
Source: 2003 Business Development Board - Palm Beach County’s Business Resource
Bold font indicates fhose corporations that meet the cnferia of value-added employers.
4
A historical analysis of business sector growth based on Occupational Licenses issued
by the City of Palm Beach Gardens from 1987 through 2003 further emphasizes the
need to diversify the economy with value-added employer options. See Figure 6.
Currently, since the manufacturing and industry sectors are insignificant in Palm Beach
Gardens, they have been consolidated into a “commercial” category for evaluation
purposes. The heavy emphasis on service and retail is typical for bedroom
communities. Service and retail components of the economy, by definition, “spin”
wealth rather than create wealth. Under normal circumstances, both the service and
retail sectors are dependent upon monies that already exist in a geographic region.
By contrast, the commercial, industrial, and manufacturing sectors export goods and
therefore are not dependent on local money for survival. There are exceptions to the
rule. Information Technology, for example, is usually considered a service sector
industry, yet, is not dependent on the local customer base. Thanks to the capabilities of
the World Wide Web and Internet connection, the transfer of intellectual knowledge or
technology services is a simple click of a button.
Figure 6
3500
3000
u) u) -
2500
C m
-I - 2000
C 0
.-
.- ..-a
1500
u B
.I-
L
o 1000
m R $ 500
0
Growth Trends of Business Sector
1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003
+Commercial +Retail +Service
City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004
The service and retail sectors, which are dependent on existing dollars within the economy, have experienced growth
while the commercial sector, which creates new dollars in the local economy, has remained flat.
Additionally, the U.S. economy is increasingly phasing into an intellectual knowledge
driven marketplace. According to Richard Florida, author of The Rise of the Creative
Class, human creativity is the ultimate economic resource and trends denote a shift
from raw material and physical labor “products” to human intelligence, knowledge and
5
creativity “products”. Demographics indicate that Palm Beach Gardens’ residents have
the necessary skill sets to work in intellectual knowledge driven marketplace and those
skills should be leveraged to attract companies whose products are based on
intellectual knowledge and creativity. Therefore, expansion and recruitment of
companies that match the skill sets of residents and provide value-added employment
options becomes imperative in order to create a sustainable community. According to
Richard Florida’s research, about 1/3 of the workforce is comprised of the creative class
and yet, it accounts for nearly half of all wage and salary income in the United States, or
$1.7 trillion dollars - as much as the manufacturing and service sectors combined.
Considering that five of the six top value-added employers’ products are dependent
upon creative / intellectual knowledge, coupled with the skill sets of the residents, Palm
Beach Gardens is uniquely positioned to transition from industrial driven marketplace to
intellectual driven marketplace.
In order for a company to expand or relocate, land must be available for economic
development purposes. Currently, the City’s Future Land Use (FLU) allocation has not
reserved land mass for companies seeking to expand operations or relocate to Palm
Beach Gardens which could provide employment opportunities matching the skill sets of
the residents, but rather, has concentrated on residential demands. The City wishes to
diversify the economic base, provide viable employment options matching resident’s
skill sets, and therefore, the Future Land Use Element needs to be revised to reflect
those goals. See Figure7.
Figure 7
~~ ~
Future Land Use Within Existing City Boundaries - 2003
Mixed Use 1% industrial 2%
Professional Office 1%
Recreation 8 Open Space
Commercial Recreation-
Golf 6%
Conservation 35%
~
City of Palm Beach Gardens - GIS Division, 2004
Nearly % of available land is currently dedicated to residential uses and over 1/3 in conservation leaving very little
available space for value-added employers.
Ordinance 48, 2004: The Economic Development Element of the City of Palm Beach
Gardens Comprehensive Plan was approved by City Council on December 16, 2004
and embraces economic principles and philosophies as exemplified in this marketing
analysis.
The Briger tract is one of the few remaining parcels of land within the municipal
boundaries of Palm Beach Gardens that could be developed as economic engine;
diversify the economy; transition employment opportunities from retail and service
sector to an intellectual knowledge marketplace; and provide value-added jobs that
would match the skill sets of the citizens.
7
LEVEL OF SERVICE
ANALYSIS
BRIGER TRACT
January, 2005
Prepared For:
The City of Palm Beach Gardens
Growth Management
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Prepared By:
3550 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
Fax (772) 286-3925
www.lbfh.com
Attachment M
TABLE OF CONTENTS
Introduction ...................................................................... 3
General Description of the Subject Property ........ .4
A. Location: ................................................... 4-7
B.
C.
D.
E.
F. Population: ................................................... 9
Inventory of Public Facllities ................................... 9-13
A. Potable Water Services: .............................. 9
B. Sanitary Sewer Services: ............................ 10
C. Solid Waste Services:: ................................ 11
Subject Property - Existing Land Use: ... 8
Subject Property - Future Land Use: ...... 8
Subject Property - Zoning: ................... 8
Surrounding Future Land Uses & Zoning ... 8-9
D. Drainage Services: ..................................... 11
E. Park and Recreauon Services: ............ 10-11
F. Police Protection: ................................ 11-12
G. Fire Protection: .......................................... 12
H. Code Enforcement: ................................... 12
I. General Government: ......................... 12-1 3
Conclusion ...................................................................... 13
Future Land Use Plan Amendment Analysis ... .14-18
Introduction
Ths Level of Service &OS) Analysis outlmes the fachties that would service the subject
property in support of a Comprehensive Plan Future Land Use Map Amendment. The
information contained in th~s document has been prepared in support of the Comprehensive
Plan Future Land Use Map Amendment from Residential Low (lU) and Commercial (C) to
Mixed-Use (MXD).
Exhbits:
(A) Subject Parcel Aerial Map for Briger Tract
(B) Subject Parcel Sketch & Legal
(C) City of Palm Beach Gardens Future Land Use Map 2015
(D) Briger Tract: Future Land Use Map
(E) City of Palm Beach Gardens Official Zoning Map
(F) Briger Tract: Zoning Map
(G) 2004 Town of Jupiter Future Land Use Map
(H) 2004 Town of Jupiter Zoning Map
(I) Seacoast Utillty Authority Service Availabhty Letter
0) Seacoast Utility Authority Water Service Map
(I<) Seacoast Uallty Authority Sanitary Sewer Service Map
(L) Solid Waste Authority Service Availabhty Letter
(M> Northern Palm Beach County Improvement District Units of Development Map
February 2003
(N) Drainage Basin/Control Structures Northern Palm Beach County Improvement
District Unit of Development No. 2
-3-
General Description
A. Location:
The Briger Tract is an essentially vacant, undeveloped property located withm the
municipal boundaries of the City of Palm Beach Gardens with the exception of three (3)
single-famdy units and two (2) mobile home trailers. The 708.14-acre parcel is generally
bounded to the south by Hood Road; bounded to the east by the Residential Low (RL) San
Michele community, the Benjamin School, and the Legends at the Gardens mixed use
(MXD) development; to the north by Donald Ross Road, and the Abacoa mixed use DRI;
and to the west by Florida's Turnpike and the Palm Beach County Residential Community
of East Pointe; and the property is bisected by Interstate 95 (FDOT State Road No. 9); see
Exhbit (A).
The legal description follows; see Exhibit (B):
THAT PORTION OF SECTIONS 26 AND 35 IN TOWNSHIP 41 SOUTH, RANGE 42
EAST IN PALM BEACH COUNTY FLORIDA, DESCRIBED IN PARCELS AS
FOLLOWS:
PARCEL 1: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION
26; THENCE S 01'20'00" W ALONG THE EAST LINE OF SAID SECTION A
DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND
SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID
POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON
THE SOUTH LINE OF DONALD ROSS ROAD; THENCE S 01'20'00'' W ALONG
SAID EAST LINE A DISTANCE OF 2,544.68 FEET TO THE NORTHEAST
CORNER OF THE SOU1'HEAS?' QUAR?'EK Ob SAID SECTICIN 26; THENCE S
01'17'04" W ALONG S,IID EAST LINE X DISTANCE OF 2,619.78 FEET TO THE
NORTHEAST CORNER OF SAID SECTION 35; THENCE S 00'47'26" W ALONG
THE EAST LINE OF SAID SECTION 35 A DISTANCE OF 1,373.01 FEET TO THE
NORTH LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTH
LINE A DISTANCE OF 639.82 FEET TO 'THE EAST LINE OF THE LAND
DESCRIBED IN B (2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL
RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH
COUNTY; THENCE ALONG THE BOUNDARY OF SAID B (2) N 01'53'21" E A
DISTANCE OF 70.00 FEET;
THENCE N 88'06'39" W A DISTANCE OF 32.20 FEET;
THENCE N 83'32'10" W A DISTANCE OF 52.96 FEET;
THENCE N 01'53'21" E A DISTANCE OF 15.00 FEET;
THENCE N 83'32'10" W A DISTANCE OF 140.45 FEET;
THENCE S 01'5321" W A DISTANCE OF 15.00 FEET;
THENCE N 83'32'10" W A DISTANCE OF 308.19 FEET;
THENCE N 88'06'39" W A DISTANCE OF 117.30 FEET;
THENCE N 00'48'46" E A DISTANCE OF 291.35 FEET;
4-
THENCE N 89'11'14" W A DISTANCE OF 70.00 FEET TO THE NORTHWEST
CORNER OF SAID B (2) BEING ALSO ON 'THE WEST LINE OF THE EAST 40.00
SAID SECTION 35; THENCE N 00'48'46" E ALONG SAID WEST LINE A
DISTANCE OF 941.91 FEET TO THE NORTH LINE OF SAID SECTION 35;
THENCE N 89'25'19" W ALONG SAID NORTH LINE A DISTANCE OF 658.25
FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF OF
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 35; THENCE S 00'49'27'' W ALONG SAID WEST LINE A DISTANCE OF
459.48 FEET (CALCULATED TO BE S00'29'47" W 540.34') TO THE NORTHEAST
LINE OF THE LAND DESCRIBED IN A (1) OF SAID ORDER OF TAKING
RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE
ALONG THE BOUNDARY OF SAID PARCEL A (1) N 28'00'42'' W A DISTANCE OF
625.78 FEET (CALCUJATED TO BE S28'00'42" W 615.60') TO THE NORTH LINE
OF SAID SECTION 35; THENCE N 28'00'42" W ALONG SAID BOUNDARY A
DISTANCE OF 3,541.97 FEET; THENCE N 24'00'40'' W ALONG SAID BOUNDARY
A DISTANCE OF 546.71 FEET TO THE BEGINNING OF A CURVE THEREIN
NORTHWESTERLY DIST,\NCE OF 544.10 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 05'31'54"; THENCE CONTINUE ALONG
SAID BOUNDARY N 18'28'47" W A DISTANCE OF 543.08 FEET;
THENCE N 14'39'55" W A DISTANCE OF 177.27 FEET;
THENCE N 1 1'28'43" E A DISTANCE OF 190.38 FEET;
THENCE N 63'46'49" E A DISTANCE OF 190.36 FEET;
THENCE N 89'55'06'' E A DISTANCE OF 301.88 FEET;
THENCE N 87'37'31'' E A DISTANCE OF 296.35 FEET;
THENCE N 89'55'25'' E A DISTANCE OF 302.02 FEET;
THENCE N 00'04'35'' W A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY
CORNER OF THE LAND DESCRIBED IN B (3) IN SAID ORDER OF TAKING;
THENCE ALONG THE SOUTHERLY LINE OF SAID B (3) N 89'55'25'' E A
DISTANCE OF 514.52 FEET; THENCE N 82'47'55'' E A DISTANCE OF 201.56 FEET
TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE
NORTH LINE OF SAID SECTION 26; THENCE N 89'55'25'' E ALONG SAID
PARALLEL LINE A DISTANCE OF 242.59 FEET; THENCE N 89'55'10'' E ALONG
SAID PARALLEL LINE, A DISTANCE OF 2,668.72 FEET TO THE POINT OF
BEGINNING.
FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF
CONCAVE NORTHEASTERLY, HAT'ING A RADIUS OF 5,635.58 FEET; THENCE
CONTAINING 475.69 ACRES, MORE OR LESS.
PARCEL 2: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26;
DISTANCE OF 4,365.77 FEET TO THE SOCTHWESTERLY BOUNDARY OF THE
LAND DESCRIBED AS A (1) IN ORDER OF TAKING RECORDED IN OFFICIAL
RECORD BOOK 4296, PAGE 1151 OF THE: PUBLIC RECORDS OF SAID PALM
BEACH COUNTY; THENCE ALONG SAID BOUNDARY S 34'24'11" E A
DISTANCE OF 112.84 FEET; THENCE S 33'15'24" E A DISTANCE OF 493.78 FEET
ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN.
THENCE N 00~36~io~~ E ALONG THE wwr LINE OF SAID SECTION A
-5-
CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11,365.16 FEET; THENCE
SOUTHEASTERLY A DISTANCE OF 813.16 FEET ALONG SAID CURVE
THROUGH A CENTRAL ANGLE OF 04'05'58"; THENCE S 29'09'26" E A
DISTANCE OF 1,199.39 FEET; THENCE S 28'00'42" E ALONG SAID BOUNDARY
A DISTANCE OF 2,426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26;
THENCE CONTINUE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF
1,464.33 FEET; THENCE N 89'03'55" W ALONG SAID BOUNDARY AND ALONG
THE NORTH LINE OF THE LAND DESCRIBED IN B (1) OF SAID ORDER OF
TAKING, A DISTANCE OF 339.11 FEET; THENCE S 86'53'19" W ALONG SAID
NORTH LINE A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF
HOOD ROAD; THENCE N 88'06'39" W .ILONG SAID NORTHERLY LINE A
DISTANCE OF 518.02 FEET TO THE EAST LINE OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER
OF SAID SECTION 35; THENCE N 00'50'24'' E ALONG SAID EAST LINE A
DISTANCE OF 627.76 FEET TO THE NORTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE N 89'02'58" W A DISTANCE OF 658.30 FEET
TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE S
00'50'39" W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER A
DISTANCE OF 616.97 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE
N 88'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 643.06 FEET;
THENCE N 89'03'24'' W ALONG SAID NORTH LINE A DISTANCE OF 673.72
FEET TO THE WEST LINE OF SAID SECTION 35; THENCE N 00'51'10'' E
ALONG SAID WEST LINE A DISTANCE OF 1,263.58 FEET TO THE POINT OF
BEGINNING.
CONTAINING 206.94 ACRES, MORE OR LESS.
TOGETHER WITH:
THE EAST 40 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS
THAT PORTION CONVEYED TO COUNTY OF PALM BEACH FOR ROAD
RECORDS OF PALM BEACH COUNTY, FLORIDA.
RIGHT-OF-WAY FOR HOOD ROAD IN DEED BOOK 1142, PAGE 337, PUBLIC
CONTAINING 0.538 ACRES.
TOGETHER WITH:
THE WEST 250 FEET OF THE EAST 290 FEET OF THE SOUTH 330 FEET
THEREOF, LESS THAT PART IN HOOD ROAD;
TOGETHER WITH:
ALL THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST,
-6-
PALM BEACH COUNTY, FLORIDA, LYING NORTH OF THE NORTH RIGHT-OF-
WAY LINE OF HOOD ROAD, LESS AND EXCEPTING THERE FROM:
THE EAST 40 FEET THEREOF, AND
COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1 /4 OF THE
NORTHEAST 1/4 OF THE SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST;
THENCE RUN N 88O07'24" W, A DISTANCE OF 1,266.77 FEET TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PROPERTY;
THENCE N 01O52'36" E, A DISTANCE OF 80.00 FEET;
THENCE N 88"07'24" W, A DISTANCE OF 340.26 FEET;
THENCE N 28O00'12" W, A DISTANCE OF 1,477.07 FEET;
THENCE N 89O24'43" W, A DISTANCE OF 423.66 FEET;
THENCE S 28°00'12" E, A DISTANCE OF 1,465.33 FEET;
THENCE N 89O04'42" W, A DISTANCE OF 200.00 FEET;
THENCE S 01O52'36" W, A DISTANCE OF 227.32 FEET;
THENCE S 88O07'24" E, A DISTANCE OF 332.50 FEET;
THENCE S 28O00'12" E, A DISTANCE OF 1,380.87 FEET;
THENCE S 87O56'10" E, A DISTANCE OF 429.84 FEET;
THENCE N 28O00'12" W, A DISTANCE OF 1,365.72 FEET;
THENCE N 89"00'51" E, ,.Z DISTANCE OF 200.00 FEET;
THENCE N 01O52'36" E, A DISTANCE OF 154.56 FEET TO THE POINT OF
BEGINNING.
CONTAINING 13.96 ACRES.
TOGETHER WITH:
THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY,
FLORIDA, LESS AND EXCEPT RIGHT-OF-WAY FOR HOOD ROAD.
CONTAINING 9.42 ACRES.
The above described parcel of land contains an area of 708.14 acres, more or less.
-7-
B. Subject Property - Existing Land Use:
The Briger Tract is a 708.14-acre essentially undeveloped parcel of land withm the City of
Palm Beach Gardens with the exception of three (3) single-famtly units and two (2) mobile
home trailers.
C. Subject Property - Future Land Use:
The Briger Tract has a future land use designation of Residenual Low (RL) for 695.13
acres, which permits up to four units per gross acre and Commercial (C) for 13.01 acres,
which permits a maximum lot coverage of 35")~ of the site and maximum bulldmg height of
50 feet (5 stones), as outhned in the City of Palm Beach Gardens Comprehensive Plan
Section 1, page 2 and shown on Exlxbits (C) and (D).
D. Subject Property - Zoning:
The Briger Tract is zoned PDA (Planned Development Area), whch is only a holdmg
category for zoning with the anticipation of a zoning amendment upon development, as
shown on Exhbits (E) and 0.
E. Surroundmg Future Land Uses & Zoning Districts:
Hood Road bounds the subject property to the south; the Residential Low (RL) San Michele
community, the Benjamin School, and the Mixed Use (MXD) development Legends at the
Gardens bounds the property to the east; Donald Ross Road bounds the property to the
north, as well as the Abacoa mixed use DRI; and to the west by Florida's Turnplke and the
Palm Beach County Residential Community of East Pointe; and the property is bisected by
lnterstate 95 (FDOT State Road No. 9).
EXISTING ZONING AND LAND USE DESIGNATIONS
EXISTING FUTURE LAND
LAND USE EXISTING ZONING USE
DESIGNATION
Subiect ProDertv Residential Low (RL) Planned Development Area
PDA) Commercial (C) Vacant/Undeveloped
North
Donald Ross Road
Abacoa DRI
Town of Jupiter
South
Westwood Residential
Development of Regonal
Impact (DRI) (Exhbit H) County Mixed Use
(MU) (Exhbit G)
Residential Mechum
(RM) Residential Medmm (RM) Development -
-8
Communitv
East
Legends at the
Gardens
Benjamin High School
San Michele
Residential Communitv
West
Eastpointe Residential
Development
Palm Beach County
Mixed Use (MSD)
Public Institutional (PI)
County Residential Low3
Residential Estate
(RE)/Planned Unit
Development PUD)
Mixed Use (MXD)
Public Institutional
Residential Low (RL)
PI)
County Residential
Low 2 (2)
F. Population:
The exisung population of the area is approximately 12 persons (based on 2.4 persons per
residenual unit) as the parcel is essentially undeveloped, with the exception of three (3)
single-farmly units and two (2) mobile home trailers. The proposed population is 2,400
persons based on 2.4 persons per residential unit with a total of 1,000 residential units and 0
persons for the non-residenual uses.
Inventory of Public Facilities
A. Potable Water Services:
The City currently receives water service from Seacoast Utillty Authority (SUA). The subject
property is within the water service boundaries of SUA. Subject to prevahg fees, charges,
policies, and practices, SUA has sufficient capacity and would provide water service to thts
parcel as stated in its service availabhty letter, Exhibit I.
Ths tract could be serviced from multiple locauons. The nearest water main tie-in locations
would be at the northwest corner of the site, along the eastern boundary of the site, and
along the southern boundary of the site, as shown in Exhbit J.
0
0
0
12” water main along the east property boundary.
24” water main along the south property boundary.
12” water main at the northwest property corner.
-9-
B. Sanitary Sewer Services:
The City currently receives sanitary sewer service from Seacoast Uallty Authority (SUA).
The subject property is within the sanitary sewer service boundaries of SUA. Subject
toprevahg fees, charges, policies, and practices, SUA has sufficient capacity and would
provide sanitary sewer service to this parcel as stated in its service availabhty letter, Exhibit
I.
This tract could be serviced from multiple locations. The nearest gravitv sewer tie-in
locations would be along the western, southern, and eastern property boundaries as shown
in Exhibit I<.
Gravity and force main along the south property boundary.
Gravity and force main along the east property boundary.
C. Solid Waste Services:
The City currently receives solid waste service from Solid Waste Authority (SWA). Subject
to prevahg fees, charges, policies, and practices, SWA has sufficient capacity and would
provide solid waste service to this parcel as stated in its service availability letter, Exhbit L.
D. Drainage Services:
The subject property is within the drainage/storm water service boundaries of Northern
Palm Beach County Improvement District (NPBCID) as shown in Exhbit (M). More
specifically, the subject property is within NPBCID Unit of Development No. 2, basins 3A
and 3B, and is deslgnated withm Unit 2 as 3A and 3B with a minimum control elevation of
12.00* as shown on Exhibit (N). The anticipated positive outfall locauons would be to the
east at existing control structures EPB-3A and EPB-3B with pass-through drainage through
the Legends at the Gardens at Donald Ross Vdlage and San Michele.
* Establishmg the control elevation for future development of land west of FP&L Power
Lines in Sub-basins 3A and 3B will require approval from the South Florida Water
Management District.
E. Park and Recreation Services:
The existing population of the area is approximately 12 persons (based on 2.4 persons per
residential unit) as the parcel is essentially undeveloped with the exception of three (3)
single-famdy units and two (2) mobile home trailers. The total of all publicly-owned parks is
176.76 acres. Local recreational needs are also provided through City-drrected recreation
- 1 0
programs. The City organizes, schedules, and staffs numerous recreation programs and
classes, includmg arts and crafts, dance, athletics, exercise, community theatre, and
continuing education classes.
PARK INVENTORY AND LEVEL OF SERVICE
PALM BEACH GARDENS
Park Acres Used Type
Burns Road Center 12.79 12.79 Communitv
Burns Road Addtion 3.80 3.80 Community
Gardens Park N 9.74 9.74 Sports
I Gardens Park S I 9.66 I 9.66 I SDorts I
Gardens Park Soccer 16.90 11.40 Sports
Lake Catherine Lakeside 4.66 4.66 Neighborhood
Lake Catherine SDorts 10.82 10.82 Neighborhood
Lilac Park 17.48 9.68 Neighborhood
Mirasol Park 15.37 15.37 Community
PGA National Park 35.25 35.25 Communitv
Plant Dr. Park 8.28 8.28 Neighborhood
Oaks Park 11.79 11.79 Neighborhood
I kverside Com. Center 1 1.82 1 1.82 I Communitv 1
Sand Hill Crane 0.55 0.00 Water Access
South Ibex Circle 0.47 0.00 Passive Area
Tennis Center 16.74 8.50 SDorts
Twins Park 0.64 0.64 Passive Area
Totals 176.76 154.20
PoDulation Served' 42.789 42.789
SOURCE: Palm Beach Gardens, Department of Parks, October 2003.
Notes:
1. Population served includes Permanent Resident City Population as estimated by the
U.S. Bureau of the Census for 1990 & 2000.
E Police Protection:
Police protection in the area of the subject site is currently provided by the City of Palm
Beach Gardens. The established level of service &OS) for police is based on a rate of 1,150
service calls pkr responding/field officer per year. The level of service is established by
factoring the number of calls for service, average mne for calls, administrauve duties related
to calls, response time to emergency calls, percentage of time spent on calls vs. time on
patrol, Part I crimes, chronic call locations, fear of crime, traffic accidents and severity,
clearance rate for crimes, commitment to Community-Oriented Policing concepts, and
planned activity/neighborhood patrols into a formula to determine the required manpower
for a population.
- 11 -
The proposed amendment reduces the future population on the subject site from 6,672
indtviduals (2,780 residential units x 2.4 persons/unit) to 2,400 (1,000 residential units x 2.4
persons/unit) individuals. The reduction of population on the subject site would lessen the
demand on services therefore police services would not be negatively impacted and would
not require additional officers beyond the officers necessary for the projected growth of the
City. Police protection would be extended in the same manner as currently provided to the
surroundmg areas to meet the Level of Service.
G. Fire Protection:
Palm Beach Gardens Fire Rescue is a full-service fire-rescue agency providmg fire
suppression; advanced life support, includmg transport; fire inspections; fire invesugations;
and community education. In 2003 the City’s average response time for emergency service
Citywide was 5.55 minutes.
Currently, Fire Rescue maintains an Insurance Services Office Rating of Class 3, and the City
is actively pursuing accredttation through the Commission on Fire Accreltation
International. Fire Station Number # 5, located at the intersection of Hood Road and
Alternate AlA, currently serves the area surroundmg the subject site.
The proposed amendment reduces the future population on the subject site from 6,672
indtviduals (2,780 residential units x 2.4 persons/unit) to 2,400 (1,000 residential units x 2.4
persons/unit). The reduction of population on the subject site would lessen the demand on
services therefore fire-rescue services would not be negatively impacted and would not
require adltional fire-rescue personnel beyond the officers necessary for the projected
growth of the City. Fire-Rescue service would be extended in the same manner as currently
provided to the surrounding areas to meet the Level of Service.
H. Code Enforcement:
The City of Palm Beach Gardens Code Enforcement Division currently lvides the 56-
square-de City into three (3) inspection zones. The subject area is within Code
Enforcement Zone 2, which is assigned to a specific Code Enforcement Officer. The
Division consists of three (3) full-time and one (1) part-time inspector, and three marked
vehcles.
Code Enforcement Services would be extended in the same manner and to the same level of
service as currently provided to the surroundmg areas, as the anticipated population increase
would not increase the Code Enforcement staff needs.
I. General Government:
The City currently provides community development services through the Growth
Management Department, which issues building permits, reviews site plans, issues
certificates of occupancy, ensures that development complies with the City’s Comprehensive
- 12 -
Development Plan, and handles other issues relating to the development of the City. The
Growth Management Department also provides for zoning regulation and rezoning of City
land areas.
Conclusion
In conclusion, the subject property is currently wih the municipal boundaries of the City
of Palm Beach Gardens, and the surroundmg area includmg the subject property is currently
serviced by the City of Palm Beach Gardens, Seacoast Uallty Authority, Solid Waste
Authority, and Northern Palm Beach County Improvement District. The proposed
development would not pose a negative impact on the public facihties in the area.
- 13 -
FUTURE LAND USE MAP AMENDMENT ANALYSIS
REPORTS
1. Size of the site in acres or fraction thereof.
Subject parcel site area = approximately 708.14 acres
2. Description of existing land uses (not designations) of subject property and
surrounding properties.
Existing Use of Subject Property: Vacant, undeveloped parcel with
exception of three (3) single-family units and two mobile home trailers.
Existing Uses of Surrounding Properties:
North: Donald Ross Road and the Town of Jupiter
South: Hood Road and Westwood Gardens and Westwood Lakes
Communities
East: San Michele and Benjamin School
West: Florida’s Turnpike and Palm Beach County East Pointe Community
3. A narrative whch summarizes:
a) The maximum allowable development under the existing designation for the
site:
The existing Future Land Use Plan designation for the 708.14-acre site
is Palm Beach Gardens Residential Low (RL) for 695.13 acres of the
site and Palm Beach Gardens Commercial (C) for 13.01 acres of the
site. The RL designation allows a maximum of 4 dwelling units per
gross acre. The Commercial designation allows a maximum lot
coverage of 35% with a maximum height of 50 feet. Therefore, the
maximum allowable development under the existing Palm Beach
Gardens Land Use Plan designations on the approximately 708.14
acres would be 2,780 dwelling units and 991,752 square feet (5 stories)
of general commercial use.
b) The maximum allowable development under the proposed designation for
the site:
The proposed Land Use Plan designation for the 708.14-acre subject
site is Palm Beach Gardens Mixed Use Planned Unit Development
(MXD). The Mixed Use designation is designed for new development
which is characterized by a variety of integrated land use types.
Therefore, the maximum allowable development under the proposed
- 14
land use on the approximately 708.14 acres would be:
8,000,000 square feet of Research and Development (including 300-
bed research clinic)
1,000 multi-family workforce residential units
50,000 square feet of Commercial Neighborhood
c) A description of the proposed use and information on its compatibhty with
the surrounlng area.
The surrounding areas currently vary from the mixed use Abacoa
development, to public/institution of Benjamin School, to the
residential medium development of Westwood, the residential low
development of San Michele and the County residential estate
development of East Pointe. The proposed use is compatible to the
surrounding uses as the overall site is adjacent to these residential
communities, mixed and public uses.
4. A statement of justification or reason for the proposed land use amendment, whch
is based on the physical characteristics of the site, the impact on public fachties and
services, and the policies of the City.
The subject 708.14 acres are currently undeveloped with the exception of three
(3) single-family units and two (2) mobile home trailers.
This proposed amendment to Mixed Use, MXD would be:
8,000,000 square feet of Research and Development (including 300-
bed research clinic)
1,000 multi-family workforce residential units
50,000 square feet of Commercial Neighborhood
The preceding narrative addressed the impact of the development on the
City's public facilities and services and determined that the land use
amendment would not have a negative impact on public facilities and
services.
5. A description of the abhty of and demand on public fachties, kdlcating the
proposal's impact on established level-of-service standards: traffic circulation,
sanitary sewer, potable water, solid waste, drainage, recreation, and open space.
(NOTE: The most dense or intensive use allowed under the land use category
should be analyzed for its impact on fachties and services.)
The availability of and demand on public facilities has been analyzed based
on the "maximum allowable development" as referenced in number 3.b)
above.
- 15 -
Traffic Circulation:
McMahon and Associates, Inc. analysis is included in the Map and
Data Analysis in the Future Land Use Map Amendment.
Sanitarv Sewer:
Sanitary sewer services are provided by the Seacoast Utility Authority.
The City’s Comprehensive Plan provides for the following standards:
Sanitary Sewer - LOS (107 gallons per day per capita)
Exishg Land Use Designation - PBG Residential Low (RL)
813,080gallons per day (4 units/acre f commercia4 as outlined below:
713,904 gallons per day based on a maximum of 2,780 residential units
based on 4 units per gross acres
(2,780 units x 2.4 persons per unit x 107 gallons per day per capita)
99,176 gallons per day based on a maximum square footage of 991,752
(991,752 square feet x 0.1 gal/day/square foot)
Proposed Land Use Designation - PBG Mked Use (mD)
1,140,000 gallons per day based on a maximum of:
8,000,000 square feet of Research and Development
1,000 multi-family workforce residential units
50,000 square feet of Commercial Neighborhood
(including 300-bed research clinic)
(1,000 units x 2.4 persons per unit x 107 gallons per day per capita)
Please Note: The demand in gallons per day for all calculations is
rounded to the next full gallon.
Potable Water:
Potable water services are provided by the Seacoast Utility Authority.
The City’s Comprehensive Plan provides for the following standards:
Potable Water - LOS (191 gallons per day per capita)
Exishg Land Use Designation - PBG Residential Low (RL)
3,373,528 gallons per day (4 units/acre + commercia4 as outhned
below:
1,274,352 gallons per day based on a maximum of 2,780 residential
units
(2,780 units x 2.4 persons per unit x 191 gallons per day per capita)
- 10
99,176 gallons per day based on a maximum square footage of 991,752
(991,752 square feet x 0.1 gal/day/square foot)
Proposed Land Use Designation - PBG Mixed Use (MXD)
1,450,000 gallons per day based on a maximum of:
8,000,000 square feet of Research and Development
1,000 multi-family workforce residential units
50,000 square feet of Commercial Neighborhood
(including 300-bed research clinic)
(1,000 units x 2.4 persons per unit x 191 gallons per day per capita)
Please Note: The demand in gallons per day for all calculations is
rounded to the next full gallon.
Drainage:
The City’s Comprehensive Plan provides for the following standards:
Drainage LOS - Comprehensive Plan
Existing Development - l-day/lOO-year storm
New Development greater than 10 acres - 3-day/25-year storm
New Development less than 10 acres - 1 day/25-year storm
The subject property will be required to meet the development standard of
a 3-day/25-year storm event during the development review process.
Solid Waste:
Solid Waste Authority currently services the surrounding area.
The City’s Comprehensive Plan provides for the following standards:
Solid Waste - Residential LOS (7.13 lbs. per day per capita)
Solid Waste - Non-Residential LOS (5.5 lbs. annual per square foot)
The City’s Comprehensive Plan provides for the following standards:
Existinp Land Use Desihation - PBG Residentr’al Low (RL)
47,572 pounds per day for 2,780 units (4 units/acre) as outhned below:
(2,780 units x 2.4 persons per unit x 7.13 lbs per day per capita)
14,944 pounds per day based on a maximum square footage of 991,752
(991,752 square feet / 365 days x 5.5 lbs.)
ProDosed Land Use Desihation - PBG Mixed Use fMxq)
138,413 pounds per day based on a maximum of:
8,000,000 square feet of Research and Development
1,000 multi-family workforce residential units
(including 300-bed research clinic)
- 17 -
(1,000 units x 2.4 persons per unit x 191 gallons per day per capita)
50,000 square feet of Commercial Neighborhood
Please Note: The demand is rounded to the next full pound.
Recreation and ODen %ace:
The City’s Comprehensive Plan provides for the following standards:
Recreation and Open Space LOS - 3.7 acres per 1,000 residents
Existinp Land Use Desipnation - PBC Residentiaf Low (E)
24.68 acres needed to meet the City’s LOS of 3.7 acres per 1,000
residents for the estimated 2.4 persons per unit per 2,780 dwelling
units.
ProDosed Future Land Use Desipnation - PBG Mked Use (MXD)
8.88 acres needed to meet the City’s LOS of 3.7 acres per 1,000
residents for the estimated 2.4 persons per unit per 1,000 dwelling
units.
- 18 -
EXHIBIT A
I. .-
1’
I- Feet +-, Legend
0 550 1,100 2,200 3,300 4,400 F
5 Source: City of Palm Beach Gardens; Growth Manaqement - GIs; Printed 11/9/2004 Brigger Tract
EXHIBIT B
r-
A.(l) ORDER OF
TAKING
(O.R.B. 4296,
PAGE 1151)
CONSULTING CIVIL ENGINEERS,
SURVEYORS k MAPPERS
"Partners For Results.
3550 S.W. Corporate Parkway, Palm City, Florida 34990
(772) 286-3883 Fax: (772) 286-3925
BPR & FBPE License No: 959 www.lbfh.com
i
i
I
.d
Scale: 1 'I= 1000' SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS Sheet 1 of 6
FILE NO. Project No.
04-438E C:\LELAND\SKSK\DWG\
ComP'Jted: NAB Date
Checked: LLB ' /l /04 BRIGER-TRACT.DWG
t
3
3 I
3
6
D P.O.B.
0 PARCEL 21
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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
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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
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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
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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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EXHIBIT N
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'I El. 4- 4
DRAINAGE BASlNSlCONTROL STRUCTURES
NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT
UNIT OF DEVELOPEMENT No. 2
-_ .>
THE PALM BEACH POST SUNDAY, JANUARY 23,2006 *B
CITY OF PALM BEACH GARDENS
NOTICE OF PUBLIC HEARING
PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE MAP
AMENDMENT
PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens,
Florida will conduct a Public Hearing on February 17, 2005, at 7:OO p.m., or as
soon thereafter as can be heard, at the Municipal Complex Building located at
10500 North Military Trail, Palm Beach Gardens, Florida regarding:
ORDINANCE 7,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF
PALM BEACH GARDENS RELATING TO CERTAIN PROPERTIES
CONSISTING OF APPROXIMATELY 708.14 ACRES, GENERALLY
LOCATED AT THE NORTH EAST SIDE OF THE INTERSECTION OF
HOOD ROAD AND THE FLORIDA TURNPIKE AND SOUTH OF
DONALD ROSS ROAD, COMMONLY REFERRED TO AS “BRIGER
BEACH GARDENS, FLORIDA, PROVIDING FOR A LAND-USE MAP
TRACT,” TO CHANGE THE LAND-USE DESIGNATION FROM
COMMERCIAL (C) AND RESIDENTIAL LOW (RL) LAND-USE
DESIGNATION TO MIXED-USE (MXD) LAND-USE DESIGNATION;
AND PROVIDING AN EFFECTIVE DATE.
All members of the public are invited to attend and participate in said public
hearing. All documents pertaining to said Ordinance may be inspected by the
public in the Growth Management Department located at the Municipal Complex
Building during regular business hours, Monday through Friday, 8:OO a.m. - 500
p.m., except for holidays.
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to
appeal any decision made by the City Council with respect to any matter
considered at this public hearing, such interested persons will need a record of
the proceedings and may need to ensure that a verbatim record is made,
including the testimony and evidence upon which the appeal is to be based.
In accordance with the Americans with Disabilities Act and Section 286.26,
Florida Statutes, persons with disabilities needing special accommodations in
order to participate in this proceeding are entitled to the provision of certain
assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later
than 5 days prior to the hearing if this assistance is required. For hearing
impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771
(TDD) or 800-955-8770 (VOICE).
Patricia Snider, City Clerk CMC
Publication Date: Wednesday, February 2,2005
Notes: Please make the ad at least two columns wide, ten inches long, and the headline no
smaller than 18 points. Please note that the advertisement shall not be placed in that portion of
the newspaper where legal notices and classified advertisements appear.
Date Prepared: January 13,2005
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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
2
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)
6
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
7
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: January 3,2005
Meeting Date: February 17,2005
Petition CP-05-01
Ordinance 8,2005
S u bj ect/Agen da I tern:
Petition CP-05-01: Amendment to the Capital Improvements Element (CIE)
First Reading and Transmittal: A city-initiated request for the transmittal of amendments to the
Capital Improvements Element (CIE) of the City of Palm Beach Gardens Comprehensive Plan to
update the CIE to be consistent with the current City budget and to include needed facilities related
to the proposed Briger Tract Future Land Use Map amendment in accordance with Chapter
163.3177. Florida Statutes.
[XI Recommendation to APPROVE
] Recommendation tc
Reviewed by:
Planning & Zoning
Director
Tala1 M. Benothman, AICP
Christine Tatum
City Attorney
Jack Doughney
Allan Owens
Grosth Management
Charles K. Wu, AICP
R\naid M. Ferris
City Manager
DENY
Originating Dept.:
city Engineer+
Daniel P. Clark, P.E.
Action:
[ ] Quasi Judicial
[ x ] Legislative
[ x 1 Public Hearing
Advertised:
Date: 2/3/05
Paper: Palm Beach Post
[ x 3 Required
[ 3 NotRequired
Affected Parties:
[ 3 Required
[ x ] Not Required
Finance:
Costs: $N/A Total
$N/A Current FY
Funding Source:
[ ] Operating
[ x ] Other
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ 3 Denied
[ 3 Continued to:
Attachments: . Public Notice
Amended Goals, . Data and Analysis . Ordinance 8,2005
Objectives, Policies
Date Prepared: January 3, 2005
Meeting Date February 17, 2005
Petition CP-0541
Ordinance 8, 2005
Page 2 of 8
EXECUTIVE SUMMARY
The proposed petition is a City-initiated request to update the Capital Improvements Element to the
City’s Comprehensive Plan. Several tables and policies need to be updated and expanded.
BACKGROUND
The proposed amendments to the Capital Improvements Element (CIE) have been revised to update
the CIE to be consistent with the current City budget and to include facilities related to the proposed
Briger Tract Future Land Use Amendment in accordance with Chapter 163.3177, Florida Statutes.
The City is required by Chapter 163 of the Florida Statutes to maintain an updated Capital
Improvements Element well-coordinated with the rest of the elements of the Comprehensive Plan.
Staff has reviewed the policies and objectives within the element, and has proposed deletions and
additions to make them relevant and consistent with the rest of the elements of the Comprehensive
Plan as well as the proposed Future Land Use Map amendment related to the City’s economic
development initiative.
Staff has also provided data and analysis, as support docunients for the proposed CIE amendments.
SUMMARY OF PROPOSED CAPITAL IMPROVEMENT ELEMENT AMENDMENTS
Table 9A: This Table has been updated to be consistent with the current Capital Improvement Plan.
Table 9B: This Table has been updated to support Objective 9.1.4 concerning Palm Beach County
School District Level of Service (LOS) and proposed school construction schedules.
Goal 9.1. The change supports other policies in the Comprehensive Plan and is consistent with the
City Charter and Chapter 163, Florida Statues.
Objective 9.1.1. Adds language to allow for the replacement and maintenance of City facilities and
improves the language concerning Comprehensive Plan LOS.
Policy 9.1.1.1. The change achieves internal consistency within the Capital Improvement Element
and follows generally-accepted accounting practices.
Policy 9.1.1.2. This change recognizes that agencies such as Florida Department of Transportation
and many others besides South Florida Water Management District need to be considered when
determining facility locations.
Policy 9.1.2.1. Item 2 within the policy has been changed to reflect that the City has adopted a City
Road Impact Fee Ordinance and has been collecting impact fees since 2000.
Date Prepared: January 3,2005
Meeting Date: February 17,2005
Petition CP-05-01
Ordinance 8,2005
Page 3 of 8
Policy 9.1.2.2. Language strengthens this policy and is consistent with City,s Land Development
Regulation requirements.
Policy 9.1.2.3 Text changes clarify the City’s existing Impact Fees by creating a bulleted list.
Policy 9.1.2.4. This new policy furthers Objective 9.1.2 and provides a method to fund new public
facilities based on growth and development.
Objective 9.1.4. Adds the term “traffic circulation” in place of “transportation” and add solid waste
and drainage to the minimum LOS policy to be consistent with Chapter 163, Florida Statutes.
Policy 9.1.4.1 (a). Adds language to match Objective 9.1.4 and recognizes an interlocal agreement
with the Palm Beach County School Board for school concurrency as required by Chapter 163.3 180,
Florida Statutes.
Policy 9.1.4.2(b).The language change strengthens the Policy by defining Public Safety as the
standard to be reviewed.
Policy 9.1.4.2(c). The City has established an LOS for parks and a citizen advisory group for Park
and Recreation facilities. The Parks and Recreation Advisory Board (PRAB) is currently advising
staff and assisting with setting priorities for Park and Recreation capital improvements. The PRAB,
the existing concurrency management system and LOS for Parks and Recreation meet the City’s
current and projected Park and Recreation needs. This Policy is no longer needed..
Policy 9.1.4.5. This language change clarifies and strengthens the Policy in order to acheive
consistency with Policy 9.1.4.4 as allowed in Chapter 163.3 180, Florida Statutes.
Policy 9.1.4.7. : The language change clarifies the evaluation questions and strengthens the
applicability of the Policy.
Capital Improvement Implementation:
This section of the CIE has been greatly simplified. New language has been added which commits
the City to:
1. Adopting Table 9A as the new five-year CIP
2. Following Policy 9.1.1.1.
3. Annually updating the CIE
4. Enacting and enforcing the LDRs to implement CIE and other Comprehensive Plan elements
5. Annually updating the 5-year CIP, including any changes in funding methods
Several paragraphs of this section have been removed as no longer necessary, as redundant to other
sections of the CIE, or have been transferred to Data and Analysis.
Date Prepared January 3, 2005
Meeting Date February 17, 2005
Petition CP-0541
Ordinance 8. 2005
Page 4 of 8
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
The proposed CIE 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 CIE amendment, consisting of amendments to the Future
Land Use Element (text changes), Future Land Use Map, and the Conservation Element.
These changes described below provide for internal consistency between the amended CIE 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.
Future Land Use Element 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, 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 to the north; and the Florida Turnpike and
Eastpointe residential community to the west. The site is bisected into two separate areas by
Interstate 95 (FDOT State Road No. 9).
City Council directed staff to prepare a land-use change 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.
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 to the originally-selected Mecca Farms Site. On September 1,2004, the City Council passed
Resolution 191 , 2004, which recommended the Briger Tract as the most viable alternative site of the
previously-selected sites. 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
Date Prepared: January 3,2005
Meeting Date: February 17,2005
Petition CP-05-01
Ordinance 8,2005
Page 5 of 8
close proximity of the Abacoa DRI located immediately north of the site in the Town of Jupiter.
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 CIE 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.
Transportation Element:
GOAL 2.1.1.: TO MAINTAIN SPECIFIC LEVEL OF SERVICE STANDARDS ON THE
ROADWAYS.
Staff Comment:
Table 9A of the CIEproposed amendment describes several roadway links to be constructed within
the next 5 years to maintain the City’s LOS as growth occurs.
Recreation and Open Space Element:
Objective 7.1.1.: The City shall provide active and passive recreation facilities and areas for
residents of Palm Beach Gardens in a timely manner so as to comply with the LOS standards set
forth by this element and to maintain such compliance in subsequent years.
Staff comment:
The proposed amendment fulfills the objective to provide Recreation and Open Space by defining the
year of the construction of certain infrastructure.
Future Land Use Element:
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.
Date Prepared: January 3,2005
Meeting Date February 17, 2005
Petition CP-05-91
Ordinance 8, 2005
Page 6 of 8
Staff comment:
The proposed amendment fulfills the objective to provide utilities and services by defining the year of
the construction of certain infrastructure.
CONSISTENCY WITH PALM BEACH COUNTY COMPREHENSIVE PLAN
The proposed CIE amendment is consistent with certain Goals and Objectives within the Palm
Beach County Comprehensive Plan as demonstrated by the following listed examples from that
Plan:
Transportation Element Goal l.A Level of Service
It is the GOAL of Palm Beach County is to provide an interconnected multimodal transportation
system which moves people, goods, and services in a safe, efficient, convenient and economical
manner with minimal adverse impact to the environment.
Staff Comment:
The proposed CIE amendment is consistent with Palm Bench County’s goal. The CIE defines the
year of the construction of certain roadway segments which allow the City and County to meet LOS
while having the development community pay its pro-rata shnre.
Capital Improvement Element Goal 1. Uses of the Capital Improvement Program
It is the GOAL of Palm Beach County to utilize a capital improvements program to coordinate the
timing and to prioritize the delivery of public facilities and other capital projects; a program that
supports the growth management Goal, Objectives and Policies of the Palm Beach County
Comprehensive Plan and encourages efficient utilization of its public facilities and financial
resources.
Staff Comment:
The proposed CIE amendment will allow the City to coordinate with the County on the timing of
facility, infrastructure and service improvements.
CONSISTENCY WITH THE STRATEGIC REGIONAL POLICY PLAN
The proposed CIE 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 7.3 - Reduce vulnerability to disasters and increased public safety.
Staff Comment:
The proposed CIE amendment includes the scheduled construction of a City thoroughfare roadway
Date Prepared: January 3,2005
Meeting Date: February 17,2005
Petition CP-05-01
Ordinance 8,2005
Page 7 of 8
which will allow for an additional arterial to the state designated evacuation roadways. The
proposed CIE also has identified a schedule for certain public safety improvements to improve the
Police and Fire Departments.
Regional Goal 5.1 - Lives and Property which are less susceptible to disasters.
Staff Comment:
The proposed CIE amendment includes scheduled improvements to the City’s drainage system to
reduce the number of high water and flooding incidents.
CONSISTENCY WITH THE STATE COMPREHENSIVE PLAN (CHAPTER 187, Florida
Statutes)
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:
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 Com m en t :
The CIE amendment is consistent with the State’s public facilities goal because we have developed
and will implement a schedule of public facility and infrastructure needs which includes the
anticipated financing sources.
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 CIE amendment has scheduled the construction of local roadways that allow for
alternate routes to major attractors and act as reliever roads to Military Trail and PGA Boulevard,
both of which are state roads; thus reducing the need to expand either roadway.
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.
Date Prepared: January 3,2005
Meeting Date: February 17,2005
Petition CP-05-01
Ordinance 8,2005
Page 8 of 8
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:
0
0
0
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of the City’s Comprehensive Plan;
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of the Treasure Coast Regional Planning Council Strategic Policy Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of Palm Beach County’s Comprehensive Plan; and
The proposed CIE amendment is consistent with the existing Goals, Objectives and Policies
of Florida State Comprehensive Plan (Chapter 187, Florida Statutes.)
0
Staff recommends APPROVAL of Ordinance 8, 2005, which provides for the transmittal of the
proposed amendments to the Capital Improvements 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. - 5:OO
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.
CAPITAL IMPROVEMENTS ELEMENT
Goals, Obiectives and Policies
GOAL 9.1.: PALM BEACH GARDENS SHALL lJSE SOUND FISCAI, POLICIES TO
PROVIDE ADEOUAI'E
-PUBLIC FACILITIES TO ALL RESIDENTS
INVESTMENTS IN EXISTING FACILITIES, MAXIMIZE THE USE OF EXISTING
FACILITIES, AND PROMOTE ORDERLY, COMPACT DEVELOPMENT.
WITHIN ITS JURISDICTION, FISCAL POLLCI E:S MLS'I' S&-A.S--Y€L-PROTECT
Comment: The language change supports other policies in the Comprehensive Plan and
is consistent with the City Charter.
I
Objective 9.1.1.: The City of Palm Beach Gardens shall use the Capital Improvements
Element of this Comprehensive Plan as a means to ensure the construction, replacement,*
maintenance of Capital Facilities,l
) I. which are necessarv to
achieve and maintain the levels of service in the Comprehensive Plan.
...
Comment: Adds language to allow for the replacement and maintenance of City facilities
and improves the language concerning Comprehensive Plan Levels of Service.
Policy 9.1.1.1.: The City shall include in thc_Five-Year Schedule of Capital Improvements all
capital facility projects-(renewal and replacement) needed &to achieve and maintain the adonted
level of service w&&mawe=d which are over $50,000 in estimated costs, twkke-IhsCity shall
review &the Five-Year Schedule during the preparation of the annual budget.
Comment: The change achieves internal consistency within the Capital Improvements
Element and follows generally accepted accounting practices.
Policy 9.1.1.2.: Proposed capital improvement projects shall be evaluated and ranked in order of
priority according to the following guidelines:
1) Whether the project is financially feasible and is needed to protect public health and safety,
to fulfill the city's legal commitment to provide facilities and services, or to preserve or
achieve full use of existing facilities or to eliminate existing capacity deficits;
2) Whether the project increases efficiency of use of existing facilities, prevents or reduces
future improvement cost, provides service to developed areas lacking full service, or I promotes infill development+-m&
CAPITAL IMPROVEMENTS 9-1 City Council 2/17/05
I 3) Whether the project represents a logical extension of facilities and services;:
I 4) Whether the project is consistent with the k&- .. . projected growth
patterns, the accommodation of new development and redevelopment facility needs, and the
plans of governmental -agencies 4
-that provide public facilities within the City’s jurisdiction&
.. 7.
Comment: This change recognizes that agencies such as Florida Department of
Transportation and many others besides South Florida Water Management District need to
be considered when determining facility locations.
5)
rural characteristics and service provision.
Whether the project is consistent with the Urban Growth Boundary philosophy of urban vs.
Objective 9.1.2.: Future development shall bear a proportionate cost of facility improvements I necessitated by the development in order to maintain adopted LOS standards.
Policy 9.1.2.1.:
LThe City shall continue to collect a countywide transportation impact fee to assess new
development a pro rata share of the costs required to finance transportation
improvements necessitated by such developmentl ad
2) The City shall continue to collect +--city road impact fees for
:roads 0 of City responsibility.
XThe roadways within the City Center Linkages Plan shall be constructed and financed by
individual landowners whose developments will have a direct benefit these roadways.
The timing and construction of the Linkages Plan roadways coincide with development
of individual sites. The development approval for the affected parcels will be conditioned
on the construction of the roadways coinciding with the development of these parcels.
Comment: Item 2 has been changed to reflect that the City has adopted a City Road
Impact Fee Ordinance and has been collecting fees since 2000.
Policy 9.1.2.2.: The City shall continue its program of mandatory dedications or fees-in-lieu of I dedication as a condition of development approval &F &be-t_o gisu-g-the timelv provision of
recreation and open space.
Comment: Language strengthens this Policy and is consistent with the City’s LDR
requirements.
Policy 9.1.2.3.: The City shall periodically review the adequacy of impact fees levied to fund the
following capital facilities needed to support new growth:
I 1) Park and recreation sites and facilities; ami
CAPITAL IMPROVEMENTS 9-2 City Council 2/17/05
2) Roadways;v a
3) Law enforccment; and
4) Emergency fdcililies.
I I Comment: Text changes clarify the City's existing Impact Fees. I
Policy 9.1.2.4.: The Citv shall-co~isider adoptiw 3 Public Facility Impact Fee to allow for the
construction o f~~w~&build.in~~l
Comments: This new policy furthers Objective 9.1.2 and provides a method to fund new
public buildings based on growth and development.
Objective 9.1.3.: The City shall manage its fiscal resources to ensure the provision of needed
capital improvements for previously issued development orders and for future development
and redevelopment.
Policy 9.1.3.1.: The City's Capital Improvements Program shall include funding for those capital
facilities and programs which do not exceed the city's fiscal capacity.
Policy 9.1.3.2: The City will adopt a Capital Improvements Program covering at least 5 fiscal
years and an annual capital budget as a part of the City's budgeting process.
Policy 9.1.3.3.: The City will make efforts to secure grants or private funds whenever available to
finance the provision of capital improvements.
Policy 9.1.3.4 The City budget process shall include the planning, development and review of
projects which provide for the replacement and renewal of capital facilities.
Policy 9.1.3.5: Through capital improvement programming, the City shall use its fiscal policies to
direct expenditures for capital improvements which are consistent with the goals, objectives, and
policies of other elements of the City's Comprehensive Plan.
Policy 9.1.3.6: Should the bond referendum, identified as the funding source for needed capital
improvements, Table 9A, fail the City shall amend the comprehensive plan to identify alternative
funding sources or to take other actions.
Objective 9.1.4.: The City of Palm Beach Gardens has established mn:lr+n:ur a minimum level of I service for- ' , traffic circulation, potable water and sanitary sewer, solid waste, drainage,
recreation and open space, and public safety as defined in the applicable elements. Decisions
regarding the issuance of development orders and permits shall be based upon coordination of
the development requirements included in this Plan, the land development regulations, and the
availability of necessary public facilities concurrent with the impact of developments. The
School District of Palm Beach County shall maintain minimum level of service standards for public
school facilities, as defined in the Public School Facilities Element. In the case of public school facilities,
CAPITAL IMPROVEMENTS 9-3 City Council 2/17/05
the issuance of Development Orders, Development Permits or development approvals shall be based
upon the School District of Palm Beach County’s ability to maintain the minimum level of service
standards.
Comments: Changes were made to include those concurrency items as required by
Chapter 163.31 80, Florida Statutes.
.. Policy 9.1.4.1(a): The City of Palm Beach Gardens has established fftaffteitwis a minimum level of I servicefor- , traffic circulation, potable water and sanitary sewer, solid waste, drainage,
recreation and open space, and public safety. The School District of Palm Beach County shall
maintain minimum level of service standards for public school facilities, in accordance with the
adopted Interlocal Agreement. To ensure that the minimum levels of service for these public
facilities and services are maintained as new development occurs, the City of Palm Beach Gardens
follows a concurrency management system. The concurrency management system requires all new
development applications, subject to concurrency certification, to submit an application which
indicates impacts on the Level of Service for the concurrency item. The application identifies the
impacts that the proposed development would have on the City’s ability, or in the instance of public
school facilities, the School District of Palm Beach County’s ability, to maintain the adopted
minimum levels of service. The concurrency management system shall be consistent with Section
163.3202 (l), Florida Statues.
Comments: Changes were made to include those concurrency items as required by
Chapter 163.31 80 Florida Statutes.
Policy 9.1.4.1(b): The City shall require, through the concurrency management system, that the
burden of showing compliance with the level of service requirements be upon the applicant for a
development permit. Where capacity cannot be shown, the following methods may be used to
maintain the adopted level of service:
1. The developer may provide the necessary improvements to maintain the level of service.
2.
the adopted level of service standard.
The proposed project may be altered such that the projected level of service complies with
3.
of each phase complies with the adopted level of service.
The proposed project may be phased such that the projected level of service at the conclusion
4. The construction of the facilities or provision of services is the subject of a binding and
guaranteed contract with the City of Palm Beach Gardens or in the case of public school facilities,
the School District of Palm Beach County, that is executed and guaranteed for the time the
Development Order is issued.
5. The necessary facilities and services are included in the City of Palm Beach Gardens’ Five-
Year Schedule of Capital Improvements; or, in the case of public school facilities, construction
CAPITAL IMPROVEMENTS 9-4 City Council 2/17/05
appropriations are specified within the first three years of the most recently approved School District
of Palm Beach County Six Year Capital Improvement Schedule, as reflected in Table 9B of this
element, which shall reflect the addition of FISH capacity for each school as shown in Appendix A,
of the Public Schools Facility Element, Concurrency Service Area Table.
6. In accordance with Policy 1 1.1.1.8, and upholding the exceptions detailed therein, prior to
issuance of a Development OrdedPermit, the School District of Palm Beach County shall determine
that the level of service for public school facilities can be achieved and maintained. The necessary
public school facilities shall be considered to be in place when sufficient capacity exists in the
concurrency service area (CSA) in which the proposed development is located, or an immediately
adjacent CS A.
Policy 9.1.4.2.(a): The City hereby adopts the following Level of Service Standards (LOS) and
will use them in reviewing the impacts of new development upon facility provision. For public
school facilities, the applicant for a Development Order or Development Permit which includes any
residential component shall provide a determination of capacity by the School District of Palm Beach
County that the proposed development will meet the public school facilities level of service. A
determination by the School District is not required for existing single family legal lots of record, in
accordance with the Public School Facilities Policy 1 I. 1.1.8. The Dual Level of Service Standards
shall be applied in the respective urban and rural areas, consistent with the Urban Growth Boundary
philosophy established in the Future Land Use Element:
CAPITAL IMPROVEMENTS 9-5 City Council 2/17/05
LEVEL OF SERVICE STANDARDS
URBAN AREA RURAL AREA
TRAFFIC CIRCULA TION
Facility Type
Neighborhood Collector
City Collector
County Minor Arterial
State Minor Arterial
State Principal Arterial
FIHS Roads
Excepted Links per Table 2A
Beeline Highway
SEWAGE SERVICE
SOLID WASTE
Generation per capita:
Collection:
DRAINAGE
WA TER SERVICE
LOS for Peak Period in Peak Season
D D
D D
D D
E E
D D
D
D C
SANITARY SEWER
107 gallons per day
per capita
SEPTIC TANKS
Per DEP and Public
Health Department Regulations
7.13 lbs per day
Twice per week
7.13 lbs per day
Once per week
3 day, 25 year event 3 day, 25 year event
POTABLE WATER
191 gallons per day
per capita
WATER WELLS
Per DEP and Public
Health Department Regulations
RECREATION AND OPEN SPACE
3.7 acres of improved
neighborhood and Park and recreation
community parks facilities will be located
per 1,000 permanent to serve the entire city
residents population, and in most
cases will be in the urban area.
PUBLIC SAFETY
FirdEMS
Police:
PUBLIC SCHOOLS
CAPITAL IMPROVEMENTS
5 minute response Require well-based
time to 90% of all
calls, on a district basis
sprinklers for all
structures; fire service with tanker
trucks; 8 minute average response
time.
1150 service calls per officer
per year; crime control strategies
Community Policing Philosophy
Zone patrol based on rural
1 10% utilization rate or up to 120%, per Policies 1 1.1.1.1 and 1 1.1.1.4 of
the PSF Element
9-6 City Council 2/17/05
Policy 9.1.4.2.(b): Public safety level of service standards are not a formal component of the
concurrency management system required by Rule 9J-5.0055, FAC. ‘The City,however, €he-G+will
monitor -public safcty level of scrvice standards during the development review
process. Any project that necessitates expansion of public safety services beyond those provided in I any given fiscal year shall be required to participate in the Ekm28eK-of expanding police and
fire/EMS services to serve the subject property, or shall be phased consistent with City plans to
expand such services. Public safety facilities and/or capital equipment that will provide the proposed
development sufficient services based on the LOS for police and fire/EMS facilities may be required
pursuant to a Developer’s Agreement. Public safety facilities and/or capital equipment dedicated to
the City pursuant to a Developer’s Agreement shall be credited against impact fees.
I Comment: The language change strengthens the Policy by clarifying intent.
Comment: The City has established an LOS for parks and a citizen advisory group for
Park and Recreation facilities. The Parks and Recreation Advisory Board (PRAB) is
currently advising staff and assisting with setting priorities for Park and Recreation capital
improvements. The PRAB, the existing concurrency management system and LOS for
Parks and Recreation meet the City’s projected Park and Recreation needs. This Policy is
no longer needed.
Policy 9.1.4.2.(d): With a super-majority vote of the City Council, alternative service mechanisms or
provision of services at urban levels may be approved in the rural service area.
Policy 9.1.4.3.: The City shall, consistent with Section 163,3202 (l), F.S., maintain regulations that
will allow phasing of a development and issuing of a development order for projects that are phased
to ensure that the necessary public facilities and services are available prior to the completion of the
proposed development.
Policy 9.1.4.4.: Certificates of occupancy will be issued only after all required public facilities
needed to meet the adopted level of service standards are in place.
Policy 9.1.4.5.: If’a previously scheduled capital improvenient \vhich was the basis for approval ofa
development ordcr is rescheduled to a latcr fiscal year, the affcctcd dcvclopmcnt may procced only if
adequate surety has been posted with the City to ensure that the public facilities are constructed.&
Comment:
consistency with Policy 9.1.4.4. as allowed in Chapter 163.31 80, Florida Statutes.
This language change clarifies and strengthens the Policy and adds
CAPITAL IMPROVEMENTS 9-7 City Council 2/17/05
Policy 9.1.4.6: The City shall limit its total debt service expenditures to no more than 20% oftotal
revenue and limit total outstanding indebtedness to no more than 10% of its property tax base.
Policy 9.1.4.7.: The City shall evaluate proposed Comprehensive Plan amendments and E?+&&&
~develo~almen~~~pI ication according to the following guidelines;
I 1) Will the proposed amendnieiit or development order €contribute to a condition of public
hazard as may be described in the Sanitary Sewer, Solid Waste, Drainage, Potable Water,
and Natural Groundwater Recharge (Lnfrastructure) Element, and Coastal Management
Element of this Comprehensive Plan'?? I
I 2) Will the proposcd amendniciit or dcvelopnicnt order Gexacerbate any existing or projected
condition of public facility capacity deficits, as may be described in the support documents of
the Transportation Element; Sanitary Sewer, Solid Waste, Drainage, Potable Water, and
Natural Groundwater Recharge (Infrastructure)-Element; Public Safety Element; and
Recreation and Open Space Element of this Comprehensive Planzt I
I 3)
I Improvements'?? and,
Wi 11 the ixoposed amcndjlcnt or developExm& QrJdcLGgenerate public facility demands that
may be accommodated by capacity increases planned in the 5-Year Schedule of
I 4)
I Plan?;
Docs the proposcd anien&ierit or devcl~~~~~lf_~r&r-Gconform with future land uses as
shown on the Future Land Use Map of the Future Land Use Element of this Comprehensive
Comment: The language change clarifies the evaluation questions and strengthens the
applicability of the Policy.
CAPITAL IMPROVEMENTS IMPLEMENTATION
The Schedule of Capital Improvements in Table 9A is hereby adopted as the City's Five-Year
Capital Improvement Plan.
Other Programs: Other principal programs that will implement this Element are:
1. Continued annual capital programming and budgeting including use of the project
sclcction criteria containcd in Policy 9.1 .l. I.
Continued annual revicw and revision ofthis Elcmcnt,
Enactment and enforcement of land development regulations provisions to assurc
-. conformance to the cmcurrencv reqiir-cgeiils relative to devclopment orders, levels of
service and public facility timing as outlincd bclow.
2.
3.
Tlic City will annually preparc an updated five-ycar schedule ofcapital improvements. As part ofthe
annual process, it shall include a review and analysis ofthe City's linancial condition and an updated
proiection of rcvenues which takes into account any changes in potential revenue sources that had
been anticipated to fund scheduled improvemen&In addition, it will incorporate any new capital
CAPITAL IMPROVEMENTS 9-8 City Council 2/17/05
irnprovcmctit needs that have arisen since the last update. The analysis shall also includc a discussion
of any change in improvement prioritization.
The required Evaluation and Appraisal Report (EAR) shall address the implementation of the goals,
obiectivcs, and policics of thc Capital Itnprovcment Elcmcnt.
CAPITAL IMPROVEMENTS 9-9 City Council 2/17/05
CAPITAL IMPROVEMENTS 9-10 City Council 2/17/05
CAPITAL IMPROVEMENTS 9-11 City Council 2/17/05
~a~~~~~~i<~~~~ ’. ,I ,
Comment: The deleted text has been moved to the data and analysis section of this
Element.
CAPITAL IMPROVEMENTS 9-12 City Council 2/17/05
Table 9A
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENTS ELEMENT
(This replaces the old Table 9A)
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
FLEMENT FUNDING
PROJECT 200412005 2005n006 200612007 200712008 200812009 SOURCE
1 LNSPORTATION
rota/ $8,173,000
- Developer
- Developer
- Developer
- Developer
I I I
$8,839,000 I $3,277,000 I $219,000 $225,000 I
Equipment $243,000 298,700
OSSl RMS 8 CPD Software
Radios - Mobile and Portable
$50,000
$350,000
AFlS System $100,000
Mobile Radios $52,500 51,500
OSSl software payment $1 11,698 166,549
Vehicles $50,000 51,500
rota/ $957,198 $568,249
328,879
74,263
171,545
53,045
$627,732
338,745
76,491
54,636
$469,8 72
348,908
58,526
56,275
$463,709
Impact Fees
Impact Fees
Impact Fees
General Fund
General Fund
General Fund
General Fund
CAPITAL IMPROVEMENTS 9-13 City Council 2/17/05
Table 9A continued., .
ELEMENT
RO
FUNDING
200412005 200512006 200612007 200712008 2008/2009 SOURCE
FIRE RESCUE
Training Tower 77,250
444,576
365,790
Impact Fees
Impact Fees
G.F./lmpact
Fees
G.F./lmpact
Fees
Fees
General Fund
DRAINAGE
Canal Restoration 400,000 3,090,000 1,697,440 - GeneralFund
Swale Restoration 150,000 154,500 159,135 163,909 168,826 Gas Tax
Total $550, ooo $3,244,500 $1,856,575 $163,909 $168, a26
INFORMATION SERVICES
Workstation Replenishment 76,050 82,249 92,134 96,200 104,041 General Fund
SANS network backup and storage solution - 112,551 General Fund
Total $76,050 $82,249 $92,134 $96,200 $216,592
PUBLIC WORKS
CAPITAL IMPROVEMENTS 9-14 City Council 2/17/05
Table 9A continued ...
Thompson River Linear Park- LWCF Grant
BRCRC - FRDAP Grant
Tennis Center Expansion
PreShop Expansion
Total
ELEMENT FUNMNG
PROJECT 20W2005 200512006 2006mW)7 200712008 2o0812009 SOURCE
400,000 - ImpactFees
400,000 - ImpactFees
400,000 - ImpactFees
- 212,180 - ImpactFees
$2,875,000 $3,677,100 $2,717,792 $3,993,918 $1,958,384
I
Grand Total A// Hemenfs
CAPITAL IMPROVEMENTS 9-15 City Council 2/17/05
Table 9B
CITY OF PALM BEACH GARDENS
Summary of Capital
Total
New Construction
New Schools
Acreage Area High (02-NNN)
Beacon Cove Elem (96-A)
Benoist Farms Elem (964)
Kinks Forest Elem (96-E)
Boynton Area Elem (034)
Boynton Beach High (91-Ill)
Central Bus Compound
Cholee take Elem (97.K)
Crosspointe Elem (984)
Diamond View Elem (01-R)
Discovery Key Hem (964)
57,852,875
12,475,356
13,004.110
11,727,460
17,162,046
51,919,225
8,443,254
15,042,952
12,832.510
13,768,801
12,822.084
Don Estridge Middle 8 SSTC' (98GG)
Dr Mary McLeod Bethune Elem (96-C)
Equestrian Trails Hem (02-S)
Freedom Shores Elem (9744)
FronCer Elem (964)
Grassy Waters Elem (02-T)
Greenacres Area Middle (03KK)
Heriage Elem (9BF)
Independence Middle (96-FF)
Jeaga Middle (98EE)
Lake Wodh Area High (03400)
Odyssey Community Middle (96-88)
Osceola Creek Middle (99-HH)
Pahokee Area Middle School (03.MM)
CAPITAL IMPROVEMENTS
25,730 182
12,302 191
13,538,584
13,096,092
13,373,855
13,663,829 1
28,057,894
11,982,482
21,559,210
22,157 115
82,833,795
21,011,955
23,980,835
24,615 000
Improvement Program
57,852075
12,475356
13,004,110
11,727,460
17,162,046
51,919,225
8,443,254
15,042952
12,832,510
13,768,801
12,822 084
25,730,182
12,302,191
13,538 584
13,096092
13,373855
13,663.829
28,057,894
11,982,482
21,559210
22,157,115
82,833,795
21,011,955
23,980,835
1,538,462 23,136538 23,136,538
2,5w),OOO 80,333,795
9-16 City Council 2/17/05
Table 9B continued.. .
Prior to FY 2005 -
2005 FY 2009 Project Total
Palm Beach Central High (98JJJ) 50,619,476
Palm Beach Gardens Area Elem (03-X) 19,269660
Park Vista High (91-EEE) 64,762,771
Pierce Hammock Elem (00-Q) 14,362,240
Pleasant Ciy Elem (98-N) 9,402,144
Polo Park Middle (96-CC) 19,756,776
Riviera Beach Area High (02-MMM) 75,572307
Royal Palm Beach Area Elem (03-W) 19,269,660
Royal Palm Beach Hem (96.J) 12,112,364
ScrippslGardens Area School (04-A) 1000,000
SummltlJog Area Elem (03-Y) 19,847,750
Sunrise Park Oem (96-H) 11,656970
Tradewinds Middle (98-11) 24,580,510
Village Academy PK-3 (9t-P) 7,792,211
Wellington Area Elem (024) 18,682,808
Wellington Area Middle (02-JJ) 30,958,626
West Boca Raton High (01-LLL) 53,059,075
West Boynton Area Oem (03-2) 19,269,660
West Palm Beach Area MS (0400) 2000,000
FY FY FY FY FY
2005 2006 2007 2008 2009
Subtotal New Schools 1,028,988,700
Modernizations and Replacements
Allamanda Elem ModemQatlCfI 20,545,533
Atlanbc Hgh Modernization 63,026,586
Bak Middle School of the Arts Modemizabon 36,144,269
Barton Oem Modernuatton 19,317,527
Belvedere Dem Modemaabon 12,090,066
Berkshire Elem Modernization 18,729,375
Boca Raton Elem bdemizabon 10,299,184
Boca Raton High Modemuation 51,388,642
Boca Raton Middle Modernnation 33,165,041
Congress Middle Modemnation 33,343,707
CAPITAL IMPROVEMENTS
724,518,423 304,470,277 140,979,752 3,692,437 55,118,543 21,347,750 83,333,785
20,545533 1,361,918 19,183,615
63,026,586
36,144,269
19,317.527 1,781215 17,536,312
12,090,066
1,721,692 17,007,683 17,007,683
10,299,184
5 1,388,642
3,216,201 29,948 840 25,948 840
2,629,271 30,714,436 30,714,436
9-17 City Council 2/17/05
Table 9B continued.. I
Project Total
Conniston Middle Modemation 25,900,571
j Priorto N2005- I N PI FY FY FY
2005 FY 2009 I 2005 2006 2001 2008 2009
25,900 571
Delray Full Service Modernizatin
Ed Plant Survey
Facilities Audit
Forest HiU Elementary Modernization
Forest HiU High Modernization
Forest Park Elem Modernization
Galaxy Elem Modernization
Greenacres Elem ModemizaSon
H L Watkins Middle School Madernizafon
J C Mtchell Elem Modernization
J F Kennedy Middle Modernization
Jefferson Daii Middle Modernization
John I Leonard High Modernization
Jupiter Elem Modernization
Jupler High Modernization
take Park Elem Modernization
take Shore Middle Replacement
Lantana Elem Modernization
Lantana Middle Replacement
Meadow Park Elem Modernization
North Grade Modernization
Nwth Palm Beach Elem Modernization
Northboro Elem ModernizaSon
Nwthmore Elementary Replacement
Palm Beach Gardens Uem Modernization
Palm Beach Gardens High Modernization
Pah Beach Public Modernization
Palm Springs Eiem Modernization
Palmetto Elementary Modernbation
Plunosa Elem Modernization
CAPITAL IMPROVEMENTS
3,200
250,000
149,676
13,732,161
50,874334
19,922,746
1,000,000
11,935,127
25,645,391
20525,734
33,303,574
35,374,294
77,852,779
12,606,617
54,880,130
11,115,637
28,420,122
13,008,039
20,756,788
16,278,245
11,517,825
21,186,403
21,186,403
14,878,361
19,922,746
79,828,377
15,129,831
17,903,095
17,888,635
20,545,533
3,200
250,000
149,676
13,732,161
50,874334
11,935,727
25,645391
20,525,734
3,025,276
3,664991
5,758987
12,606,617
54,880 ,I 30
11,115,637
28,420 122
13,008 039
20,756 788
16,278,245
11,511,825
14,878,361
15,129831
17,903,095
17,888,635
9-18
19,922746
1,000000
30,278298 30,278,298
31,709303 31,709,303
72,093,792 72,093,792
2 1,186,403
2 1,186,403
19,922,746
79,828377
20,545,533
1,807:045 18,115,701
1,000,000
1 !361,918 19,824,485
1:361,918 19,824,485
1,863,882 18,058864
3,942649 75,885,728
833,127 19,712,406
City Council 2/17/05
Table 9B continued.. .
Priorto FY2005-
2005 FY2009 Project Total
Rolling Green Elem Modernization 19,317,527
FY FY FY FY FY
2005 2006 2007 2008 2009
Roosevet Elem ModemizaCon
S 0 Spady Elem School Modemeahon
South Olive flem Modernization
Suncoast Modernuation
U B ffinseylPatmview Oem Modemaation
West Gate Elementary Moderneation
Westward Elem Modemizabon
Additions and Remodeling Projects
Subtotal Modernizations and Replacements l,l27,579,763
19,609,708
15,616,943
13,351,380
2,000,000
13,129,735
13,664,039
19,317527
A W Dreyfoos SOA Addlion
Academies at hsbg Schools
Acreage Area High (02-NNN) Buildout
Addison Mzner Elementary Remodeling
Aiternative Schools Master Plan
Bak Middle School ofthe Arts -Auditorium
Banyan Creek Classroom Addition
Barton flem K-3 CSR Addition
Bele Glade fl Classroom Addh for Re-K
Benoid Farms Classroom Addlion
Boca Raton High Sci. Bldg and Academy
Boca Raton High Stadium
Boynton Beach High Academy
Boynton Beach High Stadium
Carver Classroom Addition
Cholee Lake Classroom Add'n for Pre-K
Citrus Cove Classroom Addition
Coral Sunset Hem Addition
Covered Playgrounds
Crestwood Classroom Addition
Crystal Lakes CSR Addition
CAPITAL IMPROVEMENTS
6,383,046
7,321,411
5,580,086
2,116,952
75,000
5,500,000
10,640,868
1,029,311
2,563,253
795,930
10,111,383
1,887,480
5,425,350
732,092
2,893,479
795,930
4,804,028
10,470,200
192,869
9,317,426
3,728,067
6,383 046
1,008,526
0
2,116,952
1,029Ji 1
732,092
10,470,200
192,869
3,728067
9-19
6,312885 1,812,885 4,500,000
5,580086
75,000 75,000
5,500,000 5,500,000
10,640,868
2,563253
795930 795930
10,111 ,383 10,111,383
1,887,480 200:000 1,687,480
5,425350 5,425:350
2,853,479
795,930 795930
4,804,028 4,804,028
9,317426
5,580,086
10,640,868
2,563,253
2,893,479
9,317,426
City Council 2/17/05
Table 9B continued.. ,
Proiect
1 Priorto FY2005- I FY FY FY FY FY
Total 2005 FY 2009 2005 2006 2007 2008 2009
Dr. MMBethune Class. Add'n for Pre-K
Glades Central High Academy
Gove Classroom AddiCon
Hammock Pointe Elem Addition
Indian Pines Classroom Addition
Indian Pines Elem Addition
Indian Ridge Classroom Addlion
Jeny Thomas Elem AddiCon
John I Leonard High - 18 Classrooms
Jupiter High Stadium
Jupiter Middle Classroom Addition
Lake Worth High Addition Fh 3
Lake Worth Hi& Additions Ph 2
Lake Worth Mid& Classroom Addition
Liberty Park Uem Addition
Limestone Creek Elem Addition
Manatee Classroom Addtion
North Grade Classroom Addition
Okeeheelee Classroom Addition
Olympic Heights High AddiCon
Pahokee Elementary Phase 2 OCR
Pahokee High Stadium
Pabn Beach Lakes Academy
Palm Beach Lakes Auditorium
Palm Beach Lakes Classroom Addttion
Panther Run ES Addition
Pine Grove K-3 CSR Addition
Relocatables - Code Compliance
Relocatables - Master Plan
Rdocatables -Walkway Canopies
Relocatables 8 Mcidulars - Replacement
CAPITAL IMPROVEMENTS
755,930
5,500,000
795,930
14,333,183
847,530
10,467,937
3,975,290
8,490,126
2,970,021
1,724506
3,774,053
4,420,537
30,493,791
5,024,453
13,249382
8,445,377
3,945,096
795,930
3,716.567
4,265212
7,300,534
1,881,480
5,853,015
6,667,093
9,207,481
12,774,926
1,027,654
29,500,000
1,500,000
5,500,000
50,997,500
14,333,183
569,774
600,915
2,970,021
1,724506
4,420,537
30,493,791
11,749381
566 418
4,265 212
7,300,534
12,774926
1,027654
1,500,000
1,000,000
43,997,500
9-20
755930 795,930
5,500,000 5,500000
795930 795:930
847530 847530
9,898,163 9,898,163
3,975,290
7,889,207 7,889:207
3,774,053
5,024,453
1,500001 1,500,001
7,878959 7,878,959
3,945,096
795930 795930
3,716.567 3,716.567
1,887.480 1,887,480
5,853015 5,853,015
6,667093 6,667,093
9,207,481
3,975,290
3,774,053
5,024,453
3945,096
29,500;000 9,500,000 10,000,000 10,000,000
4,500,000 2,000:000 2,000,000 500,000
7,000,000 7,000,000
9207,481
City Council 2/17/05
Table 9B continued.. .
Prior to FY 2005 -
2005 FY 2009 Project Total
Rolling Green K-3 CSR Addlion 1,794,092
Royal Palm School Classroom Addition 6507,704
Santaluces Auditorium 6,124,500
Santaluces High Academy 4908,750
Seminole Trails Classroom Addition 5,028,032
South Olive Classroom Addition 795,930
Spanish River Auditorium 7,962,192
Village Academy Addition 4,351,443
Village Academy High School Level 8,468,712
Village Academy Middle School Level 10,223,268
Wellington El Classmom Addition 5,632,406
Wellington High Auditorium 6,702,113
West Boca Raton High (01-LLL) Buildout 5,915;047
West Bus Compound ParkinglAddtns 224,129
West Riviera K-3 Class Size Reduction 868,443
West Tech Academy Modifcations 1,258,600
West Tech Ed Ctr Modifications 11,705,575
Whispering Rnes Classroom Addtion 4,666,659
Wm T Dyer Academy 2,500,000
Wm T Dyer Addition 6,750,000
454,998,290
Site Acquisition
Subtotal Additions and Remodeling Prqects
Site Acquisition - Existing Facilities
Site Acquisition - New Facilities
22,792,440
147,866,761
FY M FY M FY
2005 2006 2007 2008 2009
170,659,201
Subtotal New Construction 2,782,225,954
Subtotal Site Acquisition __
,694,855,175 1,087,370,779 499,627,324 111,757,573 236,218,530 105,784,587 133,882,765
6,507,704 6,507,704
6,124,500
6,234,113
4,351,443
1,875 123
0
224,129
868,443
1,258,600
2,500000
6,750,000
4,908,750 4,908,750
5,028,032
795930 795930
1,728079 1728,079
8,468 712 8,468,712
8,343 545 8 343,545
5,632.406
6,702 113 6,702,113
5,915047
11,705,575 11,705,575
4,666,659
5,028;032
5,632.406
5,915,047
4,666,659
196,840,462 258,057,828 129,528,110 39,886,009 53,848,849 34,816,980
13,792,440 9,000000 5,000000 1,000000 1,000~00 1,000,000 1,000,000
107,866,761 40,000000 7,000000 7,000,OM) 12,000,000 7,000:000 7000,000
Class Size Reduction
Class Size Reduction
______I_
Bear Lakes Classroom Addtion 7 153,581 7,153,581
Binks Forest El CSR Addibon 3,546 591 3,546591
CAPITAL IMPROVEMENTS 9-21 City Council 2/17/05
Table 9B continued.. .
Project Total
Boynton I Delray Area Middle (03LL) 34,041 957
Prior to FY 2005. FY FY FY FY FY
2005 FY 2009 2005 2006 2007 2008 2009
34,041.957 34 041,957
Class Size Reduction
Coral Reef Elem CSR Addition
Forest Park K-3 CSR Addition
Gladeview K-3 CSR Addition
Gwe K-3 CSR Addition
Highland CSR Addition
Jupiter Fans Area Middle (03-NN)
K E Cunningham K-3 CSR Addition
Omni Class Size ReducSon
Pahokee Elem K-3 CSR Addlion
Relocatables 8 Modulars - Purchase
Sandpiper Shares CSR Addition
Starlight Cove CSR Addilion
Timber Trace CSR Addih’on
Wellington Landings Class See Reduction
Subtotal Class Size Reduction
368,719,367
4,970,719
1,183,861
857,372
1,036,819
4,776,173
34,041,957
1,010,799
2,922,600
1,094,288
21,000,000
4,716,400
4,854,280
4,072,601
3,334,119
0 368,719,367 7,470,000 93,133,281 166,726,857 101,389,229
4,970,719
1,183,861
85 7,372
1,036,819
4,776,173
1,010,799
2,922,600
1,094,288
34,041,951 1,373,143 32,668,814
21,000000 7,000,000 7,000,000 7000,000
4,716,400
4,854,280
4,072,601
3,334,119
Other Items
Maintenance
Banyan Creek HVAC Replacement 2,065,437
Bear Lakes HVAC Replacement 4,335,399
Calusa HVAC Replacement 2,667,756
Capital Maintenance Transfer 361,672998
Chriita McAuliffe HVAC Replacement 4,901,500
COB1 Payments 104,488
Crystal Lakes WAC Replacement 3,500000
Facilities Management Misc. Projects 500,000
Facilily Support 1,013,391
fire 8 ti Safely Systems 11,452,743
CAPITAL IMPROVEMENTS
2,065437
4,335399
2,667,756
174,551974 187,121,024 36,000000 36,122,014 37,205,671 38,321,841 39,471,498
4,901500
104,488
3,500000
300,000 200000 50,000 50,000 50,000 50,000
1,013,391
5,753,911 5,698,832 1,021,456 1,090,797 1,164,991 1,.124,072 1,297,516
9-22 City Council 2/17/05
Table 9B continued.
Priorto M2005- 1 M M FY FY FY
Project Total
H L Johnson HVAC Replacement 3,166,74(
Loxahatcke Groves HVAC Replacement 2,983,58
Minor Projects 119,200,665
Omni WAC Replacement 5000,OOE
PECO Maintenance Projects 56,424,575
Preventwe Maintenance 12,000,000
Royal Pakn School HVAC Replacemerrt 4500,000
Sandpiper Shores HVAC Replacement 3,500000
Timber Trace HVAC Replacement 3,500,000
Watson B Duncan HVAC Replacement 5,000,000
Wellington Landings HVAC Replacement 5,000000
Subtotal Maintenance 81 2,489,241
TransPo flat ion
School Buses I Vehicles 82,165,415
Vehicles 124,000
Subtotal Transportation 82,289,415
"-...___----I .........................
Technolow
Application Systems
Business Operating Systems
Business System Replacement
County-wide Technology
Data Warehouse Integration Project
Electronic Imaging Storage 8 Retrieval
Instructional Technology Oem Schools
Instructional Technology High Schools
Instructional Technology Middle Schools
Owtine Assessments
School Center Administrative Technology
Student System Replacement
Tech Prep, High
Tech Prep, Middle Schools
28,784,586
24,230,470
20,676,450
349,899
9,698,000
691,710
54,338,019
38,070,664
40,685,885
14,293,300
79,986,169
11,262,358
447,045
556,617
2005 FY2009 I 2005 2006 2007 2008 2009
3,166,740
2,983547
40,802811 78,397,858 14,312,136 11,741,500 15,183,745 17,639257 19,521,220
5,000,000
34,439,100 21,985,479 7470,636 3,184,629 3,499,935 3,772,244 4,058,035
2,000000 10,000,000 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000
4,500000
3500000
3,500,000
5,000000
5.000000
309,086,054 303,403,183 60,804,228 54,188,940 59,104,342 62,907,414 66,398,269
34,409862 47,755,553 9,412995 8,862)922 9,380,619 9,792,108 10,306,905
124,000
" .......... . - _. - ....-i-._..__l____...------.....---.- ---.-
34,533,862 47,755,553 9,412,985 8,862,922 9,380,619 9,782,108 10,306,909 -7
9,506,148
7,350,240
76,450
349899
691,710
22,781381
16,716274
16,411,689
300,000
20754,167
447,045
556,617
19,278,438
16,880230
20,600000
9,698,000
31,556,638
21,354390
24,274,196
13,993,300
59,232 002
11,262,358
3,678264
3,227,705
4,120,000
2,128,400
5,205335
3,288.606
3948,500
3,413,000
9,907.009
3,378,264
2,927,705
4,120,000
2,428,400
5,005,335
3,088,606
3,748,500
3,413.000
8,917,066
2,815,567
3902,270
3,424,272
4,120,000
2,428,400
5,522,340
3,488,882
4,188,964
3,413,000
10904458
2,815,657
4,058,361
3,561,243
4,120,000
1356,400
6,743,233
4,628,437
5,356,522
3,413,000
13,387058
2,815,567
4261,279
3,739,305
4,120,000
1,356,400
9,080,395
6,859,859
7,031,710
341,300
16,056,411
2815,567
CAPITAL IMPROVEMENTS 9-23 City Council 2/17/05
Table 9B continued.. .
, Priorto M2005-
Project Total I 2005 FY 2009
M M M FY FY
2005 2006 2007 2008 2009
Wide Area Network 442 ' 442
Subtotal Debt Service 755,302,318
Other Items
259,934,265 495,368,053 93,000,000 83,000,000 96,368,053 105,000,000 108,000,000
Furrishngs
Instructional Media Services
Instructional TV
Library Book Upgrade
Multimedia Cumculum Support
Musical Instruments
National School Fitness Foundahon
Relocatables - teasing
Relocatables - Relocation
2,129,095
5,030,737
6,582,320
5,610,583
2,129,095 400000 400,000 424,360 441,334 463,401
3,753,279 1,277,458 240000 240,000 254,616 264,801 278,041
4,453,225 2,129,095 400,000 400,000 424,360 441,334 463,401
3,694397 1,916,186 360000 360,000 381,924 397,201 417,061
Restricted Reserve 28,271,923 , 16,045 886 12,226,037 4,000,000 4000,000 4,226,037
School Center Secunty 5,404,761 3,114826 2,229935 418,945 418 945 444,459 462,237 485,349 I
SIT Award Transfers for Charter Schools 2,177,236 2,177236
Subtotal Other Items 284,902,555 1 90,888,180 174,014,375 19,134,644 34,855,235 38,145,600 40,671,970 41,206,926
Subtotal Other Items
Total Projects
2,038,992,400 1 791,321,674 1,248,670,726 I 221,268,686 230,809,540 247,206,857 267,811,313 281,574,330
5,325,551,838 1 2,531,707,052 2,793,844,786 I 728,366,010 442,700,394 658,525,387 548,695,900 415,557,095
Implementation Programs
The City will implement the Capital Improvement Element through the capital
improvements program that the City will update on a regular basis. Additionally, in
accordance with the goals, objectives, and policies of the elements of this Comprehensive
Plan, the City will maintain or adopt new land development regulations and procedures to
ensure the levels of service adopted by this Plan are met or exceeded. These regulations
and procedures require that all public facilities necessitated by new development are
CAPITAL IMPROVEMENTS 9-24 City Council 2/17/05
available prior to or concurrent with the impacts of the new development. Furthermore, the
regulations will be designed to simplify and streamline the existing regulatory programs.
The regulations and procedures to be maintained or newly adopted include, but are not
I i m i ted to:
traffic and recreation impact fee ordinances;
revised development application procedures which require an assessment of the
ability of existing facilities to accommodate proposed development;
regulations which permit the phasing of development in concert with the provision of
necessary public facilities;
the preparation of a capital improvements budget as part of the City’s annual budget
to ensure all facility deficiencies are identified and addressed;
an annual monitoring and evaluation process to update the capital improvements
element and any deficiencies addressed therein;
the prioritizing of capital expenditures to ensure facility deficiencies take priority over
non-health and safety capital projects;
an assessment of the City’s fiscal capabilities to schedule and implement capital
improvement projects; and
an annual review of the Comprehensive Plan for significant changes in growth
projections and/or facility requirements.
These regulations and procedures are identified in more detail in the goals, objectives, and
policies section of each relevant element of this Plan, plus other sections of the text of this
Element. In all cases, the City will not approve development which would cause the public
facilities addressed by this Comprehensive Plan to operate below their adopted LOS
sta nd a rd s .
MONITORING AND EVALUATION
Chapter 163, Florida Statutes, requires the Capital Improvement Element to be
continuously monitored and evaluated.
Therefore, this Element will be reviewed on an annual basis during the City budget
preparation to ensure that required fiscal resources will be available to provide the public
facilities needed to support the adopted LOS standards.
The City, in conducting its annual review of the Capital Improvements Element, will
consider the following factors and will amend the Element accordingly:
CAPITAL IMPROVEMENTS 9-25 City Council 2/17/05
1 . Any corrections, updates, and modifications concerning costs, revenue sources,
acceptance of facilities pursuant to dedications which are consistent with the
Element, or the date of construction of any facility enumerated in the Element.
2. The Capital Improvement Element’s consistency with other elements of the
Comprehensive Plan and its support of the Future Land Use Map.
3. The priority assignment of existing public facility deficiencies.
4. The City’s progress in meeting those needs determined to be existing
deficiencies.
5. The criteria used to evaluate capital improvement projects in order to ensure that
projects are being ranked in their appropriate order of priority.
6. The City’s effectiveness in maintaining the adopted LOS standards.
7. The City’s effectiveness in reviewing the impacts of plans and programs of State
agencies and water management districts that provide public facilities within the
City’s jurisdiction.
8. The effectiveness of impact fees for assessing new development a pro rata
share of the improvement costs which they generate.
9. The impacts of special districts and any regional facility (DRI) and service
provision upon the City’s ability to maintain its adopted LOS standards.
IO. Efforts made to secure grants of private funds, whenever available, to finance
the provision of capital improvements.
1 1. The transfer of any unexpected account balance.
12.The criteria used to evaluate proposed plan amendments and requests for new
develop men t or redevelop men t .
13. Capital improvements needed for the latter part of the planning period for
inclusion in the five-year Schedule of Improvements.
In an effort to make the annual Comprehensive Plan review efficient and effective, the
Council will require it to be completed prior to the beginning of the annual budgeting
process.
All departments within the City will be directed to provide up-to-date information and to
make staff available to assist in the review. Formal recommendations for Comprehensive
Plan amendments will be made in conjunction with the submittal of the annual budget.
CAPITAL IMPROVEMENTS 9-26 City Council 2/17/05
Data and Analysis
I. INTRODUCTION
Purpose
II. DATA AND ANALYSIS
Level of Service (LOS) Definitions
Location and Timing
Existing Sources of Revenue and Expenditures
Taxes
Intergovernmental Revenues
Charges for Services
Fines and Forfeitures
Miscellaneous Revenues
Other Miscellaneous Revenues
Special Assessments
Borrowing
Grants
Local Practices for Guiding Public Facility Improvements
Fiscal Implications of Existing and Projected Deficiencies
Assessment of Ability to Finance Improvements
Ill. CAPITAL IMPROVEMENTS IMPLEMENTATION
Transportation
Sanitary Sewer and Potable Water
9-29
9-29
9-30
9-30
9-31
9-32
9-32
9-34
9-35
9-35
9-35
9-36
9-36
9-37
9-38
9-38
9-39
9-40
9-43
9-43
9-44
CAPITAL IMPROVEMENTS 9-27 City Council 2/17/05
Solid Waste
Surface Water Management
Recreation
Public Safety
LIST OF TABLES
Table
9-1 Permanent and Peak Population Estimates and Projections
9-2 General Fund Revenue Projection
9-3 Debt Service Data and Ratios
9-4 Linkage Roads Construction Timetable
9-5 Five-Year Schedule of Capital Improvements for
which the City has Financial Responsibility
9-44
9-45
9-45
9-46
Page
9-30
9-41
9-42
9-44
9-47
CAPITAL IMPROVEMENTS 9-28 City Council 2/17/05
1. INTRODUCTION
Purpose
Section 163.31 77 (3), Florida Statutes, requires all local comprehensive plans to contain a
‘I.. .Capital Improvements Element designed to consider the need for and the location of
public facilities in order to encourage the effective utilization of said facilities”.
The purpose of the Capital Improvements Element is to implement the provisions of the
City of Palm Beach Gardens Comprehensive Plan by:
1.
2.
3.
4.
5.
6.
7.
Using timing and location of capital projects to provide services to support growth in
areas where the City can efficiently and effectively provide services, and to avoid
placement of capital facilities in locations which would promote growth in areas
which cannot be efficiently served.
Establishing a system of examining and assigning priorities to the needs of the City,
assuring the most essential improvements are provided first.
Coordinating the timing and location of capital improvements with other local
governments, special districts, and state agencies to maximize the benefit from
public capital improvement expenditures, minimize the disruption of services to the
public, and implement land use and infrastructure decisions.
Allowing time in advance of actual need to provide for sufficient facility planning,
design, and construction.
Coordinating financial planning to maximize the benefit of public funds.
Providing cost information on a timely basis for the evaluation and formulation of
alternative financing programs.
Providing for a concurrency management program.
CAPITAL IMPROVEMENTS 9-29 City Council 2/17/05
TABLE 9-1: PERMANENT AND PEAK POPULATION ESTIMATES
AND PROJECTIONS
Resident County
Sources: U.S. Census data for 1990 and 2000. BEBR estimate for 1995. Palm
Beach County projections for other years.
Sources: U.S. Census data for 1990 and 2000. BEBR estimate for 1995. Palm
Beach County projections for other years.
Percent of County residents living in City.
Persons in City during peak season, City estimates.
1
4
II. DATA AND ANALYSIS
Level of Service (LOS) Definitions
Level-of-Service (LOS) standards are indicators of the extent or degree of service provided
by, or proposed to be provided by, a facility based on and related to the operational
characteristics of the facility. LOS standards indicate the capacity per unit of demand of
each public facility. They are, in short, a summary of existing or desired public facility
cond it ions .
Chapter 163, Florida Statutes, and Rule 9J-5, Florida Administrative Code (FAC), now
require LOS standards to be included for public facilities addressed by local governments
in their comprehensive plans. Specifically, these LOS standards will be established for the
purpose of issuing development orders or permits to ensure that adequate facility capacity
will be maintained and provided for future development.
LOS standards can affect the timing and location of development by encouraging
development in areas where facilities may have excess capacity. On the other hand,
CAPITAL IMPROVEMENTS 9-30 City Council 2/17/05
development will not be permitted unless needed facilities and services are provided
concurrent with the impact of the development. However, such provision and development
may occur in phases over time.
The City is divided into two distinct service areas. The urban service boundary, which is
currently located at the Loxahatchee Slough, separates the City into the ”urban” area to the
east and the “rural” area to the west. The City has established dual LOS standards for the
distinct urban and rural areas of the City. The urban area is served by a full complement of
public services and facilities where efficient and cost-effective service delivery can be
accomplished. The rural area has limited services. Land uses in the rural area will receive
public services at levels coinciding with the desired rural characteristic of the area. Some
services/facilities, such as recreation facilities, will not be provided within the rural area at
all. Standards are defined in Policy 9.1.4.2 (a).
Location and Timing
Location and Timinq of Services and Facilities
The Urban Growth Boundary (UGB) divides the City into distinct service areas, and is used
to guide the timing and location of construction, extension, or increases in capacity of each
public facility. Public services will not be extended at urban levels of service within the rural
area. The Loxahatchee Slough provides a physical divide in the City. Extension of most
services and facilities west of the Slough will not be as cost-effective as in the urban area.
The difference in the cost of service delivery should be borne by the use. While the Slough
represents the logical boundary between urban and rural, the location of the UGB may be
evaluated with the Evaluation and Appraisal Report. Redesignation of the UGB must be
supported by data which demonstrates, at a minimum, the logical extension of services and
facilities west of the Slough, the availability of facility capacities to serve additional land
uses, and the appropriate timing of service extension given the amount and location of
developed land in the existing urban area.
Growth Strategies
The City’s Future Land Use Map and accompanying growth strategies prevented urban
sprawl within the community during the Evaluation and Appraisal Report period (1 990-
2003) and thereafter. However, much of the credit to preventing urban sprawl can be given
to the City’s concurrency management system and market conditions.
The City used a Planned Development Area (PDA) zoning designation as the mechanism
for the Comprehensive Plan growth strategy. The designation had been applied to all
undeveloped land in the City which had no active development order other than vested
status granted by the City or Palm Beach County.
The PDA zoning designation created a “holding zone” for these areas until development is
requested. These areas can only be developed as a Planned Community District or
Planned Unit Development. This allowed for more innovative and beneficial projects being
CAPITAL IMPROVEMENTS 9-31 City Council 2/17/05
approved by the City and subsequently developed.
Environmental lands within the City received additional protection during the evaluation
period as Palm Beach County began the negotiating process to purchase approximately
10,715 acres of environmentally-sensitive lands in the City through the County’s
Environmentally Sensitive Lands Acquisition Program. Some of these lands, which make
up approximately 31 percent of the City’s acreage, have been purchased and set aside for
conservation purposes. Others portions of the 10,715 acres are identified for future
acquisition. This will preserve these environmentally-sensitive lands from future
development pressure.
In addition, the City adopted its Natural Resources and Environmentally Significant Lands
Code in 1993. This Code calls for the minimum 25 percent preservation of upland native
plant communities within a proposed development site. The Code also calls for the
protection of wetlands, and it allows the mitigation of wetlands only if specific criteria are
met. Since the Code adoption, all developments have been required to protect large
quantities of environmentally-sensitive lands on the development sites. The City Codes not
only help prevent urban sprawl within the community, they also preserve the City’s natural
resources.
In addition to the PDA concept, the UGB concept is an implementation strategy that
controls growth by specifying the type and level of public services that will be provided in
the rural and the urban areas.
The City also wishes to strengthen and diversify its economic base. The City will encourage
managed development of parcels that add to the economic strength of the City. The City
has developed and adopted an Economic Development Element of the City’s
Comprehensive Plan.
Existinq Sources of Revenue and Expenditures
The City of Palm Beach Gardens has available to it a number of revenue sources for
operating costs and capital improvements.
Most of these sources are discretionary and may be used by the City for whatever purpose
deemed appropriate, while other sources are restricted and may be used only for specific
programs. Therefore, except for restricted revenues, the City does not assign specific
discretionary revenue sources to specific expenditures.
The following section lists revenue sources currently available to the City and indicates
whether their use is discretionary or dedicated.
Taxes
Ad Valorem Taxes
Ad valorem, or property taxes, are based on two types of property: real property (land and
CAPITAL IMPROVEMENTS 9-32 City Council 2/17/05
improvements) and tangible personal property (business fixtures, equipment, and
machinery). Ad valorem tax rates are expressed as a millage rate, which is applied to
taxable values to calculate the property tax to be paid. One mil is the equivalent of $1 per
$1,000 of assessed value or 0.1 percent. Revenue from the ad valorem taxes may be
used to fund both operating expenditures and capital projects.
The value of property for tax purposes is established by the County Property Appraiser, an
elected and constitutionally established officer. All property is appraised at its just value
according to Section 192.042 and Chapter 193, Florida Statutes, limiting each taxing entity
to a maximum millage of 10 mils, excluding voter-approved debt service.
Current Status /FY ’04-’05): Ad valorem revenues represent the City of Palm Beach
Gardens’ largest single revenue source. These funds are discretionary in their use. The
City’s proposed millage rate, excluding voter-approved debt service, for fiscal year 2004-
2005 is 5.782.
The 2004-2005 aggregate assessed value is $6.08 billion, a 15.9 percent increase over the
previous fiscal year. The increase is due to re-evaluation of existing structures and to new
construction. The total City taxes, including voted debt for FY 2004-2005, are expected to
be $34.94 million.
Local Option Fuel Tax
Local governments are authorized to levy up to twelve-cents of local option fuel taxes in the
form of three separate levies. The first is a tax of one to six cents on every net gallon of
motor and diesel fuel sold within a county. This tax may be authorized by an ordinance
adopted by a majority vote of the governing body or voter approval in a countywide
referendum. The proceeds, generally, may be used to fund transportation expenditures.
The second tax is a one to five cents levy upon every net gallon of motor fuel sold within a
county. Diesel fuel is not subject to this tax. This additional tax shall be levied by an
ordinance adopted by a majority plus one vote of the membership of the governing body or
voter approval in a countywide referendum. Proceeds from this additional tax may be used
for transportation expenditures needed to meet the requirements of the capital
improvements element of an adopted local government comprehensive plan.
The third is a tax of one cent on every net gallon of motor and diesel fuel sold within a
county. This tax is referred to as the Ninth-Cent Fuel Tax. The tax may be authorized by
an ordinance adopted by an extraordinary vote of the governing body or voter approval in a
countywide referendum. Generally, the proceeds may be used to fund transportation
expenditures.
The County receives 66.7 percent of the six cents local option fuel tax revenues and 79
percent of the next five cents fuel tax levy; the remaining amounts are shared locally
among municipalities based on interlocal agreements. The County receives 100 percent of
the Ninth-Cent Fuel Tax, and does not share this revenue source with the municipalities.
CAPITAL IMPROVEMENTS 9-33 City Council 2/17/05
Current Status /FY '04-'05): The six and five cent fuel taxes generate approximately
$52.3 million per year for Palm Beach County; Palm Beach Gardens receives
approximately $560,000 annually.
Franchise Tax
Franchise taxes are levied on the revenues received within the City by Florida Power and
Light and Waste Management. Prior to October 1,2001, the City also received CATV and
telephone franchise taxes. These fees were replaced by the Communication Services Tax,
which is collected by the State and remitted to the municipalities. For a detailed discussion
of the Communication Services Tax, see the Intergovernmental Revenue section below.
Current Status /FY '04-'05):
annually.
Franchise taxes generate approximately $3.2 million
Licenses and Permits
These fees are collected by the Planning and Zoning, and Building Divisions for the
issuance of building permits, occupational and contractor licenses, and plan reviews.
1 Current Status JFY '04-'05): Approximately $4.0 million per year is generated by these
fees. The use of these funds is discretionary.
Intergovernmental Reven ues
State Sources
The City of Palm Beach Gardens receives disbursements from the State of Florida to
supplement its annual operating and capital budget revenues. The City currently receives
shares of the State's alcoholic beverage tax, half-cent sales tax, communication services
tax, and other miscellaneous State-shared revenues. These revenues contribute
approximately $4.4 million annually to the City.
Current Status /FY '04-'05):
Communication Services Tax - Effective October 1 , 2001 , the State implemented this tax
to replace seven different state and local taxes or fees with a single levy having a common
rate and base. Because the City previously had no public service tax on communications,
the only revenues replaced by this new levy were CATV and telephone franchise fees.
The Communication Services Tax generates approximately $740,000 in revenues for the
City.
Half-Cent Sales Tax -The current sales tax in Florida is 6 percent and is levied upon retail
sales, commercial rental, admission fees to entertainment facilities, and motor vehicles
sales. One-half cent is returned to municipal governments. The City of Palm Beach
Gardens receives $2.6 million annually.
CAPITAL IMPROVEMENTS 9-34 City Council 2/17/05
Mobile Home Licenses -This fund generates approximately $20,000 annually in revenues
for the City.
Other Intergovernmental Revenues -This category includes all other miscellaneous State
and locally shared revenue sources such as fuel tax refund, alcoholic beverage license tax,
State and local grants, and County occupational licenses. These revenues total
approximately $690,000 annually for the City.
Charges for Services
User charges are designed to recoup the costs of public facility services by charging those
who directly benefit from them. They are employed in many areas of local government
service to defray the cost of constructing and maintaining public facilities and are a
common source of funds for paying off revenue bonds. As a tool for affecting the pace and
pattern of development, user charges may be designed according to the quantity and
location of the services provided.
Current Status /FY '04-'05): The City of Palm Beach Gardens collects fees for the use of
cultural and recreation facilities such as swimming pools, the skate park, and tennis courts.
These fees generate approximately $42,000 in revenues annually. In addition, fees are
currently being collected for EMS transport, fire inspection, application filing, solid waste
services, and the use of the City's golf course. The golf course fees amount to
approximately $1.3 million annually, while the other fees contribute approximately $1.2
million annually to the City.
Fines and Forfeitures
The City collects $31 6,000 annually from the Clerk of the Court for motor vehicle moving
violations and for minor violations of City ordinances and regulations.
Miscellaneous Revenues
Impact Fees
Road Impact Fees
The Road Impact Fund is a Capital Project fund established to account for the receipt and
disbursement of developer-paid impact fees restricted for the purpose of providing
increased traffic service levels. By law, these funds may only be used for specific items
related to the impact of new development and the related demands placed on the City's
transportation system. A recent analysis of development impact to the road system
required a change to the Road Impact Fee structure and an increase in most of the rate
categories. Road Impact Fees are projected to be approximately $1,468,820 for fiscal year
2004/2005.
The Recreation Impact Fund is a capital project fund established to account for the receipt
and disbursement of developer-paid impact fees restricted for the purpose of enhancing
CAPITAL IMPROVEMENTS 9-35 City Council 2/17/05
recreational opportunities and services in the City. By law, these funds may only be used
for specific items related to the impact of new development and the related demands
placed on the City’s services. Recreation Impact Fees are projected to be approximately
$2,932,160 for fiscal year 2004/2005.
The Police Impact Fund is a capital project fund established to account for the receipt and
disbursement of developer-paid impact fees restricted for the purpose of enhancing the
level of law enforcement services in the City. By law, these funds may only be used for
specific items related to the impact of new development and the related demands placed
on the City’s services. Police Impact Fees are projected to be approximately $252,560 for
fiscal year 2004/2005.
The Fire Impact Fund is a capital project fund established to account for the receipt and
disbursement of developer paid impact fees restricted for the purpose of enhancing the
levels of fire/rescue services in the City. By law, these funds may only be used for specific
items related to the impact of new development and the related demands placed on the
City’s services. Fire Impact Fees are projected to be approximately $474,090 for fiscal
year 2004/2005.
The Art Impact Fund is a capital project fund established to account for the receipt and
disbursement of developer-paid impact fees restricted for the purpose of providing art and
cultural activities. By law, these funds may only be used for specific items related to the
impact of new development and the related demands placed on the City’s services. Art
Impact Fees are projected to be approximately $1 19,600 for fiscal year 2004/2005.
Interest
The City pools significant amounts of cash and investments so as to maximize earnings
and facilitate management. Cash and investments of certain funds are maintained
separately due to legal and bond requirements. Total interest earnings are allocated pro-
rata to each fund based on each fund’s share of invested principal.
Current Status /FY ’04-‘05): The City currently earns approximately $496,000 annually in
interest.
Other Miscellaneous Revenues
Current Status /FY ’04-‘05): Approximately $280,000 in various revenues is anticipated
annually for the City.
Special Assessments
Special assessments are levies approved against certain properties which will directly
benefit from a new service or facility. Revenues from special assessments help defray the
cost of specific improvements on services. These improvements on services are
presumed to be of general benefit to the public and of special benefit to the assessed
properties themselves.
CAPITAL IMPROVEMENTS 9-36 City Council 2/17/05
Current Status /FY '04-'05): The City of Palm Beach Gardens currently levies a special
assessment on commercial entities located along the PGA Boulevard corridor to finance
the cost of architectural enhancements to the PGA Boulevard Flyover project. This is a
State DOT project; however, the City Council desired to enhance the aesthetics of the
flyover with additional landscaping and architectural features. Accordingly, the City
borrowed approximately $3,000,000 in May 2001 to finance the cost of these
enhancements. The annual debt service is being repaid via a combination of special
assessments on commercial properties located along the PGA Boulevard corridor and a
credit from increased property taxes.
In addition to the above special assessment, several special assessment districts under the
jurisdiction of the Northern Palm Beach County Improvement District (NPBCID) are located
within the City limits. The assessments in these districts pay for roads, canals, and
stormwater management systems within large developments such as PGA National,
Frenchman's Creek, and the Regional Center DRI.
Borrowing
General Obliqation Bonds
These bonds are backed by the full faith and credit of the local government and may be
issued only if approved by voter referendum. General obligation bonds are among the
most stable financial instruments and are available to individual and institutional investors
at low interest rates. Revenues collected from ad valorem taxes on property are dedicated
to service the City's general obligation debt. Capital improvements financed through
general obligation bonds should benefit the entire community rather than particular areas
or groups.
Current Status /FY '04-'05): The City issued five series of general obligation debt, Series
1996 through Series 2000, in the amount of $1 8,600,000 to pay for the cost of a new City
Hall, police station, an addition to the main fire station, recreational improvements to
Gardens Park, and the acquisition of Westminster Presbyterian Church. The bonds have
interest rates that vary from 4.2 percent to 5.23 percent, with semi-annual debt payments
due each January 1 and July 1. Final maturity for all bonds is July 1, 201 9.
Revenue Bonds
Revenue bonds can be broken down into two categories: non-self-supporting debt and self-
supporting debt. Non-self-supporting debt refers to those bond issues which are supported
from specific revenue sources other than property taxes and enterprise earnings. Self-
supporting debt refers to bonds of enterprise operations which generate sufficient revenues
to meet the debt service requirements.
Revenues obtained from the issuance of these bonds are used to finance publicly-owned
facilities. Charges collected from users of these facilities are used to retire the bond
obligation. Interest rates tend to be higher than those of general obligation bonds, and the
CAPITAL IMPROVEMENTS 9-37 City Council 2/17/05
issuance of the bonds may be approved by the City Council without voter referendum.
Current Status /FY ’04-’05): In May 2001, the City issued the 2001 Series B Capital
Revenue Bonds in the amount of $19,230,000. The loan financed the Burns Road and the
PGA Flyover capital improvement projects, which are recorded in their respective capital
project funds, and the refinancing of the 1990 Golf Course revenue bonds. In January
2004, the City issued the Series 2003 Public Improvement and Refunding Bonds in the
amount of $27,220,000. A portion of the loan ($22,225,000) was used to refund the 2001
Series B Capital Revenue Bonds, a 2000 Wachovia note and a 1999 Fidelity note. The
remaining $5,000,000 of the loan was used to provide for stormwater improvements in the
City.
Grants
The City of Palm Beach Gardens is eligible to apply for county, state, and federal grant
funding. Grants are utilized to help fund capital improvements, purchase equipment, and
provide programs for the general public.
Current Status /FY ’04-’05): Some of the grants awarded to the City in FY 2004 included:
FRDAP Grant of $1 12,500 for Westminster Park; FRDAP Grant of $200,000 for District
Park; Keep Palm Beach County Beautiful Grants of $66,679 and $89,046 for median
beautification; FEMA Fire Act Grant of $53,559 for fire rescue equipment; Aggressive
Driving Grant of $41,584; E91 1 Grant $163,575; Universal Hiring Grant of $375,000 (over
three years); and Bulletproof Vest Program in the amount of $29,958.
Local Practices for Guidinq Public Facilitv Improvements
The City of Palm Beach Gardens uses the annual budgeting process to identify capital
improvements and staffing requirements. Each of the City’s departments identifies staffing
and capital improvement needs they wish to have funded in the next fiscal year. The City
Manager assembles all funding requests and presents a prioritized list to the City Council.
The Council then holds public hearings, hears public input, and then votes on the
improvements and staffing levels to be adopted as part of the City’s budget process.
Not included in the process are capital improvements that are funded through long-term
bonds or services and facilities that are provided by private suppliers and other public
agencies. The direct costs of these facilities are paid for by the service user through
impact fees, user’s fees, or other special assessments.
The City prioritizes requests for capital improvements using two factors: the immediate
need for improvement and the availability of funds. These improvements that will have
significant impact on public health, safety and welfare if not completed take priority.
Additionally, adopted LOS standards will guide the location and timing of capital
improvements to support efficient development and the goals, objectives, and policies of
the Future Land Use Element. The plans of other agencies, including the South Florida
Water Management District, Palm Beach County Traffic Division, Northern Palm Beach
County Improvement District, and Seacoast Utility Authority will also be considered and will
CAPITAL IMPROVEMENTS 9-38 City Council 2/17/05
assist in guiding the location and timing of capital projects. Those improvements for which
a specific revenue source is available are given priority over those requiring discretionary
funds. The amount of discretionary funds available and the need for the improvement will
determine which of the remaining improvements will be funded.
Fiscal Implication of Existinn and Proiected Deficiencies
Existinq and Proiected Deficiencies
The City of Palm Beach Gardens has no current deficiencies. However, there are
projected needs for drainage, roads, in parks and recreation facilities and police and
fire/EMS services. It is expected that impact fees and developer contributions will meet
most of these needs.
Impact fees will ensure that growth will pay its pro rata share of the costs of facility
improvements. The impact fees will also help ensure that no negative fiscal impacts will be
incurred by the City as a result of growth. The recreation needs, costs, and revenues and
police and fire needs, costs, and revenues are discussed in more detail in the Capital
Improvements Implementation section of this Element.
Public Education and Health Facilities
The City Council adopted an interlocal agreement between the municipalities of Palm
Beach County, Palm Beach County, and the School District of Palm Beach County on
December 21 , 2000. This interlocal agreement established a countywide public school
concurrency requirement to limit public schools from overcrowding. This agreement
included requirements for intergovernmental coordination, planning for new school
facilities, schools opening concurrently with residential developments, and the ability of the
School District of Palm Beach County to review all development order requests for
consistency with the district’s Five-Year Capital Facilities Plan.
As required by the interlocal agreement, on December 6,2001, the City Council adopted a
Public Schools Facilities Element in the Comprehensive Plan. The purpose of this element
is to ensure that adequate public school facilities exist for student growth. This element is
implemented by utilizing the adopted Level of Service Standards (LOS) for school capacity.
The element also takes into account demographic changes, population growth, and
development trends.
The School Board of Palm Beach County has three elementary schools, two middle
schools, and two high schools within the City of Palm Beach Gardens. Palm Beach
Gardens Elementary on Riverside Drive generally serves the northwestern portion of the
City. Allamanda Elementary on Allamanda Drive provides educational services east of the
FEC railroad tracks. Timber Trace Elementary generally serves the City’s developing
areas north of PGA Boulevard. Other portions of the City are served by schools within the
boundaries of North Palm Beach. Howell Watkins Middle School on MacArthur Boulevard,
Watson B. Duncan Middle School off Central Boulevard, Palm Beach Gardens High School
on Holly Drive, and Dwyer High School on North Military Trail serve students citywide. The
CAPITAL IMPROVEMENTS 9-39 City Council 2/17/05
School Board establishes school attendance boundaries to achieve racial balance
objectives. As a result, proximity to a school is not an indicator of attendance assignment
to the school.
A branch campus of Palm Beach Community College, located on PGA Boulevard east of
AIA, provides continuing education services to the northern portion of Palm Beach County.
On February 19, 1999, the City Council approved plans that expanded this facility. The
expansion included a 12,000-square-foot edu-care facility and a 32,000-square-foot media
technology center.
Florida Atlantic University has opened the MacArthur campus at the Abacoa Town Center
in Jupiter, adjacent to the City of Palm Beach Gardens city boundary. This full-service
campus is utilized by residents of the City and surrounding areas.
Palm Beach Gardens Medical Center on Burns Road is the primary health care facility
within the City. This facility provides health and emergency care services to the residents
of the City and the surrounding areas. A multi-phase expansion project began on May 12,
1997, and was completed on December 5, 1997. This expansion included a cauterization
laboratory and an expansion of the intensive care unit.
Assessment of Ability to Finance Improvements
General Budqet
Although the City of Palm Beach Gardens has no projected facility deficiencies for which it
is responsible, revenue and expenditure projections are important for the planning of
improvements and programs it wishes to undertake. The most important source of
revenue is the ad valorem tax. The City’s millage rate increased substantially from fiscal
year 1999 to 2002; however, due to substantial increases in assessed valuation, the
projected millage rate for fiscal year 2004 is slightly less than fiscal year 2002. The major
factors which have influenced the increase in assessed property values are the revaluation
of existing construction, land adjusted to current market values, the addition of developed
properties in annexation areas, and new construction which is added annually to the tax
rolls.
According to the University of Florida Bureau of Economic and Business Research
(BEBR), the City’s population grew by 14 percent from 1996-2002. This statistic is
supported by the City’s records of single-family and multi-family building permits issued
between 1996 and 2002. Based on a high of 834 and a low of 183 permits issued, the
average was 382 permits per year. Also between 1996 and 2002, the City issued an
average of 17 building permits per year for commercial developments. Total projected
revenues from all sources are shown in Table 9-2.
CAPITAL IMPROVEMENTS 9-40 City Council 2/17/05
TABLE 9-2
CITY OF PALM BEACH GARDENS
GENERAL FUND REVENUE PROJECTION
FISCAL YEARS 2004-2008
REVENUES
Locally Levied Taxes $39,019,115 $44,309,087 $48,128,009 $51,320,526 $55,795,093
Licenses & Permits 3,998,500 4,118,455 4,242,009 4,369,269 4,500,347
Intergovernmental Revenue 3,897,035 4,013,946 4,134,364 4,258,395 4,386,147
Charges for Services 1,482,390 1,526,862 1,572,668 1,619,848 1,668,443
Fines & Forfeitures 358,500 369,255 380,333 391,743 403,495
Miscellaneous 2,204,607 1,285,745 1,324,318 1,364,047 1,404,969
Total Revenue 50,960,147 55,623,350 59,781,700 63,323,828 68,158,494
Source: Palm Beach Gardens Finance Department, 2004
Net General Obliqation Debt to Taxable Propertv Values
The first ratio presented in Table 9-3 is the ratio of net general obligation debt to taxable
property values. This ratio indicates the proportion of general obligation debt, net of any
debt service reserves, to the taxable values that can be assessed to support that debt.
Ratios in the range of 3 to 5 percent are considered acceptable. Palm Beach Gardens
currently has a ratio of .40 percent. This ratio is projected to decrease to 0.15 percent in
fiscal year 2008, due to the projected increase in taxable property value, coupled with the
annual amortization of bonded debt. Of course, this projection is based on the assumption
that no additional general obligation debt will be issued during this period.
CAPITAL IMPROVEMENTS 9-41 City Council 2/17/05
TABLE 9-3
CITY OF PALM BEACH GARDENS
DEBT SERVICE DATA AND RATIOS
FISCAL YEARS 2002-2009
Ratio of Net General Obligation Bonded Debt
~ Total Ratio of Net
Assessed Net Bonded Debt Net Bonded
Fiscal Taxable Bonded to Assessed Debt per
Year Population Value Debt Value Capita
2002
2003
2004
2005
2006
2007
2008
2009
36,498
39,423
41,834
42,789
44,714
46,640
48,572
50,601
$4,001,792,222
4,502,156,318
5,277,252,597
5,888,268,762
6,441,932,758
6,898,970,067
7,344,423,720
8,696,245,581
$ 15,899,211
15,179,154
14,420,913
13,634,323
12,809,204
11,945,370
11,042,624
10,100,759
0.40%
0.34%
0.27%
0.23%
0.20%
0.17%
0.1 5%
0.12%
$436
385
345
319
286
256
227
200
Source: Fiscal Year 2003 Comprehensive Annual Financial
Report,
Palm Beach Gardens Finance Department
Ratio of General Fund Debt Service to Total General Fund Expenditures
Total Ratio of Debt
Fiscal Debt Fund General Fund
Year Service Expenditures(1) Expenditures
Total General Service to
2002
2003
2004
2005
2006
2007
2008
2009
$1,845,384
1,843,305
2,375,326
2,470,379
2,583,400
2,583,996
2,630,960
2,679,333
$33,729,538
41,914,690
53,160,705
52,137,675
58,978,445
60,379,803
64,098,884
68,967,982
5.47%
4.40%
4.47%
4.74%
4.38%
4.28%
4.10%
3.88%
Source: Fiscal Year 2003 Comprehensive Annual Financial
Report,
Palm Beach Gardens Finance Department
CAPITAL IMPROVEMENTS 9-42 City Council 2/17/05
Net General Obliqation Debt Per Capita
This ratio indicates the net amount of general obligation debt per person in the City. Per
capita debt ratios of $300 to $500 are considered acceptable. The City’s current ratio in
fiscal year 2002 was $436. It is projected to decrease in future years (to $236 by fiscal
year 2008). This is due to the projected population increase, coupled with the yearly debt
reductions. As noted above, this projection is also based on the assumption that no
additional general obligation debt will be issued during this period.
Ratio of General Fund Debt Service to Total General Fund Expenditures
This ratio measures the relative burden that total debt service costs bear to the General
Fund expenditures as a whole. The credit rating industry generally considers net debt
service exceeding 20 percent of operating expenditures a potential problem. A ratio of up
to 10 percent is considered acceptable. The City’s fiscal year 2002 ratio was 5.47 percent
and is projected to decrease to 4.16 percent in fiscal year 2008.
111. CAPITAL IMPROVEMENTS IMPLEMENTATION
This section addresses public facilities for which the City has responsibility in accordance
with Rules 9J-5.005 (1) (c) and 9J-5.016 (4), Florida Administrative Code. As discussed in
this document, there are only limited facilities for which the City has responsibility. These
include local roads and collectors, a limited drainage network, police, fire/EMS, and
recreational facilities. Major transportation links and potable water, sanitary sewer, solid
waste, and some drainage systems are under the jurisdiction of other public agencies.
Thus, while some of these systems have existing and projected deficiencies, they are the
financial responsibility of other agencies. As a result, these system deficiencies will not be
addressed in this section.
Trans portat ion
The City’s current Comprehensive Plan Map 0 identifies thoroughfare roads and Map R
identifies linkage roads to be constructed in the City. With the divestiture of the MacArthur
properties and the strong housing market, development within the City is occurring at a
significant pace. The County’s Traffic Performance Standards Ordinance and the City’s
Traffic Level of Service Standards and Land Development Regulations have required the
development community to commit to funding or building the additional public roadways as
shown in the Comprehensive Plan. In 2000, the City implemented a road impact fee
program to pay for the costs of new road construction not assured by the development
community but required to maintain the City’s LOS for Traffic. Table 9-4 lists each
proposed road and the estimated construction start dates. Should the development
community not begin construction of certain road links on the dates identified, and the City
still deems the road necessary to maintain LOS, the City may choose to design and build
the road using City Road Impact Fees.
The City’s traffic standards and concurrency management system require deficiencies and
needs to be met prior to additional impact. Should development-generated-roadway needs
CAPITAL IMPROVEMENTS 9-43 City Council 2/17/05
Table 9-4
CITY OF PALM BEACH GARDENS
LINKAGE ROADS CONSTRUCTION TIMETABLE
CAPITAL IMPROVEMENT ELEMENT
PROJ
TRANSPORTATION
MacArthur Boulevard Improvements(Finishing Construction)
Pavement Resurfacing & Traffic Striping
Kyoto Gardens Drive
Parcel 5A NIS Segment
Parcel 58 NIS Segment
Parcel 58 EM, Segment
Legacy - S EM, Segment
Legacy - Central EM, Segment
Legacy- N EN Segment
Legacy - NIS Segment
Legacy- Fairchild Gardens
Downtown- Lake Victoria Drive
Borland - Comp. Plan N3.11- Shady Lakes Ext. - PGA to 117th
Parcel 318- Comp. Plan No. 14- Military Trail to Central Boulevard
Parcel 31B- Comp. Plan No. 16- Elm Avenue to Hood Road
Grandiflora Drive West of Central to Donald Ross
Research Pakway west of Grandiflora
Research Parkway east and south of Grandiflora
The potable water and sanitary sewer systems within the City are owned by the Seacoast
Utility Authority (Utility Authority). The Utility Authority was previously under private
ownership but was purchased by a consortium of cities, including Palm Beach Gardens
and the County. However, the Utility Authority is a separate entity with its own revenues,
expenditures, and staff.
Therefore, the City of Palm Beach Gardens has no fiscal responsibility concerning the
operation, maintenance, or expansion of the potable water or sewer systems.
Solid Waste
Through the use of an independent contractor, the City of Palm Beach Gardens provides
residential solid waste pick-up. However, under statutory agreement, all solid waste
generated in the City must be taken to facilities owned and operated by the Solid Waste
Authority of Palm Beach County (SWA). Thus, the City has no financial responsibilities for
occur in the future, the City shall require as a condition of approval that all improvements
be programmed for completion or be carried out by the specific development.
START DATE
July 2004
October 2005
January 2005
January 2006
January 2006
January 2006
February 2005
February 2005
February 2005
February 2005
February 2005
March 2005
2010
2007
2006
2005
2005
2006
Sanitaw Sewer and Potable Water
CAPITAL IMPROVEMENTS 9-44 City Council 2/17/05
any solid waste disposal facilities.
Surface Water Management
In 2001, the City adopted a Stormwater Management Plan. The Plan identified the City’s
system and prioritized projects needed to improve or enhance the City’s drainage system.
In 2002 and 2003, the City commissioned a Blue Ribbon Panel that recommended a
funding mechanism for implementing the Plan as well as additional rehabilitation activities
identified in the Blue Ribbon Task Force Report to Council.
These two documents form the basis of the rehabilitation work currently being completed
and the focus of the additional work being planned. The documents identify projects
necessary to ensure all areas of the City meet the Level of Service criteria identified in the
Comprehensive Plan.
The City began implementing the plan in 2004 and is continuing with approximately
$5,000,000 of improvements through 2006 as identified in the two documents and reflected
in the Capital Improvements Plan and this CIE.
There are additional areas of the City not covered by a City drainage facility. These areas
are either served by the County, by Northern Palm Beach County Improvement District
(NPBCID), or by privately-owned systems.
NPBCID prepares a Plan of Improvement for each Unit it creates. Currently, NPBCID
manages Units 2, 2A, 2B, 3, 11, 1 IA, 12, 31 , 34, and 43 completely or partially located
within the City. The Plans of Improvement describe public facilities that will be constructed
within the City. In 2002, NPBCID produced an updated Public Facilities Report (PFR).
The PFR describes, among other things, each public facility NPBCID is building, improving
or expanding, or is currently proposing to build, improve, or expand within the next five
years. A status report will be prepared annually until the next update in 2007.
Recreation
The City of Palm Beach Gardens is entirely responsible for the provision of recreation
facilities to it’s residents. The County provides some regional facilities in areas near the
City; however, the recreation LOS standard established for this plan includes only City-
owned neighborhood and community facilities. Therefore, the City is solely responsible for
ensuring the LOS standard is achieved.
The recreation impact fee has been implemented in a manner that ensures new
development will contribute land and/or funds at a level commensurate to maintain the
adopted LOS of 3.7 acres of park land improved with recreation facilities per 1,000
permanent residents.
Table 9-5 indicates the expenditures necessary to maintain the adopted LOS. The park
costs presented in Table 9-5 are calculated by adding the projected land costs plus
improvement costs. For the purposes of this calculation, land is estimated to average
CAPITAL IMPROVEMENTS 9-45 City Council 2/17/05
$375,000 per acre and improvements at $150,000 for a total of $525,000 per acre
improved recreation facilities. The land costs used herein are based on the average value
of land within the City and determined by recent land sales.
Larger-sized parks are more in keeping with the City’s current desire to develop more
large-scale, full-service community centers. The City is currently working on a parks and
recreation master plan that will identify future park sites and desired facilities.
Public Safety
The Future Conditions section of the Public Safety Element identifies fire stations, police
facilities, and equipment that will be required as capital projects to maintain the adopted
levels of service as Palm Beach Gardens develops (Tables 10-4 and 10-8). These LOS
standards are a requirement of the concurrency management program as identified in the
City’s Land Development Regulations.
Approximately 23 percent of the City is currently vacant or undeveloped. The development
of these areas, with the inclusion of parcels through annexation, will necessitate additional
public safety services and facilities. The City shall undertake measures to ensure that
adequate land and equipment is available for police, fire, and emergency assistance
facilities to serve its current and future residents. The Police and Fire Departments are
funded primarily through ad valorem taxes. The use of impact fees is the preferred method
to ensure that new development offsets the need for public services created by such
develop men t .
Additional capital expenditures will be necessary to maintain the adopted levels of service
(Table 9-5). These have been projected based upon the adopted urban LOS standards of
1 ,I 50 service calls/responding Police officer and a five-minute response time to 90 percent
of all calls per district for Fire/Rescue. Police and Fire capital costs have most recently
been estimated for Palm Beach Gardens in an “Impact Fee Update” prepared by Dr.
James Nicholas, October 2004. These costs are expected to be met by fees collected
through Police and Fire/EMS impact fees.
CAPITAL IMPROVEMENTS 9-46 City Council 2/17/05
Table 9-5
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENT ELEMENT
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
20041M05 2
LICE
Vehicles $50,000 51,500 53,045 54,636 56,275 General Fund
rota/ $957,198 $568,249 $627,732 $469,872 $463,709
CAPITAL IMPROVEMENTS 9-47 City Council 2/17/05
Table 9 - 5 continued ...
FIRE RESCUE
Training Tower 77,250
Total $180,000 $1,302,950 $811,589 $743,054 $810,366
Impact Fees
IrnDact Fees
G.F./lmpact
Fees
G.F./lrnpact
Fees
General Fund
G.F.llmpact
Fees
General Fund
DRAINAGE
Canal Restoration 400,000 3,090,000 1,697,440 - General Fund
Swale Restoration 150,000 154,500 159,135 163,909 168,826 GasTax
Total $550,000 $3,244,500 $1,856,575 $163,909 $168,826
INFORMATION SERVICES
Workstation Replenishment 76,050 82,249 92,134 96,200 104,041 General Fund
SANS network backup and stoage solution ~ 112,551 General Fund
Total $76,050 $82,249 $92,134 $96,200 $216,592
PUBLIC WORKS
CAPITAL IMPROVEMENTS 9-48 City Council 2/17/05
Table 9-5 continued.. .
FUNDING
200412005 200512006 07 200712008 2008noo9 SOURCE
PARKS a RECREATION
Lake Catherine Softball
I rota/ I 62,875,000 I $3,677,100 I $2,717,792 I $3,993,918 I $1,958,384 I
Grand Total All Elements 813,686,748 818,218,748 89,815,422 $6,128,853 $4,296,077
CAPITAL IMPROVEMENTS 9-49 City Council 2/17/05
CAPITAL IMPROVEMENTS 9-50 LPA 2/8/05
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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
WHEREAS, the City Council adopted the City of Palm Beach Gardens
Comprehensive Plan on January 4,1990; and
WHEREAS, the City is proposing certain amendments to the Goals, Policies,
and Objectives of the Capital Improvements Element of the Comprehensive Plan to
include projects which are necessary for the City to continue to meet its adopted level-
of-service standards; 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 said amendment to the Capital Improvements 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 has received public input and participation through public
hearings before the Local Planning Agency and the City Council in accordance with
Section 163.3181, 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.
SECTION 2. The Capital Improvements Element of the City’s Comprehensive
Plan is hereby amended to read as follows:
Date Prepared: January 3,2005
Date Prepared: January 31,2005
Ordinance 8, 2005
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GOAL 9.1.: PALM BEACH GARDENS SHALL USE SOUND FISCAL POLICIES TO
PROVIDE ADEQUATE VY ?-?ELY
--PUBLIC FACILITIES TO ALL RESIDENTS WITHIN ITS
JURISDICTION. FISCAL POLICIES MUST tW-ASR&PROTECT INVESTMENTS IN
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construction, replacement, and maintenance of Capital Facilities,-
* which are necessary to achieve and maintain the
levels of service in the Comprehensive Plan.
~~~~~~e~-~w~~~#~~~~~~~ ase ...
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Policy 9.1.1.1.: The City shall include in the Five-Year Schedule of Capital
Improvements all capital facility projects-(renewal and replacement) needed fw-k
achieve and maintain the adopted level of service &-a which are over
$50,000 in estimated costs. md-#e-The City shall review r;ai$-the Five-Year Schedule
Date Prepared: January 31,2005
Ordinance 8, 2005
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transportation improve men ts necessitated by such develop men t . and
The City shall continue to collect
wgWoMM-kroads of City responsibility.
2) city road impact fees for
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Policy 9.1.2.3.:
levied to fund the following capital facilities needed to support new growth:
The City shall periodically review the adequacy of impact fees
fees-in-lieu of dedication as a condition of development approval fw-ttx+to ensure the
timelv provision of recreation and open space.
1) 2) Roadways;!
3) Law enforcement; and
4) Emerqencv facilities.
Park and recreation sites and facilities;
Policy 9.1.2.4.:
allow for the construction of new City buildinas.
The Citv shall consider adoptinq a Public Facility Impact Fee to
.. Objective 9.1.4.: The City of Palm Beach Gardens has established fwwkbt~ a
minimum level of service for- * , traffic circulation, potable water and
sanitary sewer, solid waste, drainage, recreation and open space, and public
safety as defined in the applicable elements. Decisions regarding the issuance of
development orders and permits shall be based upon coordination of the
development requirements included in this Plan, the land development
regulations, and the availability of necessary public facilities concurrent with the
impact of developments. The School District of Palm Beach County shall
maintain minimum level of service standards for public school facilities, as
defined in the Public School Facilities Element. In the case of public school
facilities, the issuance of Development Orders, Development Permits or
development approvals shall be based upon the School District of Palm Beach
County’s ability to maintain the minimum level of service standards.
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Date Prepared: January 31,2005
Ordinance 8, 2005
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of the concurrency management system required by Rule 9J-5.0055, FAC. The Citv,
however, the-G+will monitor t.bke-t.........kpublic safety level of service standards
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Policy 9.1.4.2.(d): With a super-majority vote of the City Council, alternative service
mechanisms or provision of services at urban levels may be approved in the rural
service area.
Pdi~y-$d;4;2,f.c;)+--- lR~Q~~i-&W+&W~g4kM
h~&r~~mUb~Wh~~eW~
Policy 9.1.4.3.: The City shall, consistent with Section 163.3202 (I), F.S., maintain
regulations that will allow phasing of a development and issuing of a development order
for projects that are phased to ensure that the necessary public facilities and services
are available prior to the completion of the proposed development.
Policy 9.1.4.4.:
facilities needed to meet the adopted level of service standards are in place.
Certificates of occupancy will be issued only after all required public
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Date Prepared: January 31,2005
Ordinance 8, 2005
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The Schedule of Capital Improvements in Table 9A is hereby adopted as the City's
Five-Year Capital Improvement Plan.
Policy 9.1.4.5.: If a previously-scheduled capital improvement which was the basis
for approval of a development order is rescheduled to a later fiscal year, the affected
development may proceed only if adequate surety has been posted with the City to
ensure that the public facilities are constructed.1-
kwt--this-eleffte&MM&~mmtser~~~~
in
Policy 9.1.4.6: The City shall limit its total debt service expenditures to no more
than 20% of total revenue and limit total outstanding indebtedness to no more than
10% of its property tax base.
Policy 9.1.4.7.: The City shall evaluate proposed Comprehensive Plan
am end men ts and fxquP")Pfnr-cr\rmrcn\mlnnmeftt_d eve lo pm en t
application according to the following guidelines;;
vb43uw
1) Will the proposed amendment or development order €&ontribute to a condition
of public hazard as may be described in the Sanitary Sewer, Solid Waste,
Drainage, Potable Water, and Natural Groundwater Recharge (Infrastructure)
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Date Prepared: January 31,2005
Ordinance 8, 2005
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Other Programs: Other principal proqrams that will implement this Element are:
1. Continued annual capital programminq and budgeting, including use of the
proiect selection criteria contained in Policy 9.1 .I .I .
2. Continued annual review and revision of this Element.
3. Enactment and enforcement of land development requlations provisions to
assure conformance to the concurrencv requirements relative to development
orders, levels of service, and public facilitv timing as outlined below.
The City will annuallv prepare an updated five-vear schedule of capital improvements.
As part of the annual process, it shall include a review and analysis of the City’s
financial condition and an updated proiection of revenues which takes into account any
changes in potential revenue sources that had been anticipated to fund scheduled
improvements. In addition, it will incorporate any new capital improvement needs that
have arisen since the last update. The analysis shall also include a discussion of any
change in improvement prioritization.
The required Evaluation and Appraisal Report (EAR) shall address the implementation
of the goals, obiectives, and policies of the Capital Improvement Element.
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Date Prepared: January 31,2005
Ordinance 8,2005
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Date Prepared: January 31,2005
Ordinance 8, 2005
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Date Prepared: January 31, 2005
Ordinance 8, 2005
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Date Prepared: January 31,2005
Ordinance 8, 2005
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(The remainder of this page left intentionally blank)
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Date Prepared: January 3,2005
Ordinance 8, 2005
5
1
Table 9A
CITY OF PALM BEACH GARDENS
CAPITAL IMPROVEMENTS ELEMENT
(This reidaces the old Table 9A)
FIVE-YEAR SCHEDULE OF CAPITAL IMPROVEMENTS
ANSPORTATION
I
I I I I I I
rot01 I $8,173,000 I $8,839,000 I $3,277,000 I $219,000 I $225,000 I
P
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F
Date Prepared: January 3, 2005
Ordinance 8, 2005
ie 9A continued ...
E RESCUE
Total I $180,000 I $1,302,950 I $811,589 I $743,054 I $810,366 I I
12
Date Prepared: January 3,2005
Ordinance 8, 2005
1T
Grand Total All Elements s 13,686, 748 si a, 218,748 $9, a 15,422 $6, i2a,s53 s4,296,077
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Date Prepared: January 3,2005
Ordinance 8,2005
Table 96
CITY OF PALM BEACH GARDENS
Summary of Capital Improvements Program
Proiect Total
New Construction
New Schools
Acreage Area High (02-NNN)
Beacon Cove Elem (96-A)
Benoist Farms Elem (964)
Bnks Forest Elem (96-E)
Boynton Area Elem (OW)
Boynton Reach High (914)
Central Bus Compound
Cholee Lake Elem (97-K)
Crosspointe Oem [gal)
Diamond View Elem (01-R)
Discovery Key Hem (96-L)
Don Estridge Middle 8 SSTC* (98GG)
Dr. Mary McLeod Bethune Hem (964)
Equestrian Trails Oem (024)
Freedom Shores Uem (974)
Frontier Oem (964)
Grassy Waters Elem (02-T)
Greenacres Area Middle (03-KK)
Heritage Elem (96-F)
Independence Middle (96-FF)
Jeaga Middle (9BEE)
Lake Wodh Area High (03000)
Odyssey Community Middle (9BBB)
Osceola Creek Middle (99-HH)
Pahokee Area Udde School (03-MM) 6
7 8 9 10 11 12 13 14 15 16 17 18 19
57,852,875
12,475,356
13,004,110
11,721,460
17,162,046
51,819,225
8,443,254
15,042,952
12,832,520
13,768,801
12,822084
25,730,182
12,302,191
13,538,584
13,096,092
13,373,855
13663,829
28,057,894
11,882,482
21,559,210
22,157,115
82,833,79C
21,011g55
23,980,835
24,675,OOC
2,500,000 80,333,795
23,136,538
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Date Prepared: January 3,2005
Ordinance 8, 2005
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Table 9B continued ...
Palm Beach Gardens Area Ekm (03-X)
Puk Vista High (91-EEE)
Rerce Hammock Elem (004)
Pleasant CQ Elem (98-N)
Poh Pa& Middle (96-CC)
Riviera Beach Area High (02-MMM)
Royal Pdm Beachkea Elem (03-w)
Royal Palm Beach Elem (96-J)
ScrippslGardens Area School (04-A)
SummiVJog Area Elem (03-Y)
Sumse Park Elem (96-H)
Tradewlnds Made (98-11)
Vilage Academy PK-3 (98P)
Wellington Area Elem (024)
WellinQton Area Middle (02-JJ)
West Boca Raton High (01-LLL)
West Boynton Area Elem (OX)
19,269,660
64,762,771
14,362,240
9,402) 44
19,756,776
75,572,307
19,269,660
12,112,364
1,000,M)o
29,847,750
11,656,970
24,580,510
7,792,211
18,682,808
30,956,626
53,059,075
19,269,660
1,000,000 18,269,660
973,803
70,174,119
1,692,437 17,517,223
1,000,000
1,000,000 18,847,750
18,682,808
28,012,384
1,000,000 18,269,660
AUamanda Elem Modemaation
Atlantic High Modernization
Bak Mddle School ofthe Arts Modernization
Barton Oem Modernization
Behredere Oem Mademhabon
Berkshire Elem Modernization
Boca Raton Elem Modernlzabon
Boca Raton High Modemaation
Boca Raton Middle Modernization
Congress Middle Modernization
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Date Prepared: January 3,2005
Ordinance 8, 2005
1 Table 9B continued ...
Delray Full Service Modernization
Ed #ant Survey
Facilities Audit
Forest Hffl Elementary Modem'zation
Forest Hi1 High Modernization
Forest Park Ekm Modernization
Galaxy Elem Madem'zalion
(keenacres Etem Modernization
H L Watkim Middle School Modemizabon
J CMtchell Elem Modernization
J F Kennedy Middle Modernization
Jefferson Davis Midde Modernndion
John I Leonard High Modernization
Jupiter Hem Modernnation
Jupiter High Modernization
Lake Park Oem Modernization
Lake Shore Middle Replacement
Lantana Elem Modernization
Lantana Middle Replacement
Meadow Park Elem Modemnation
North (kade Modernization
North Palm Beach Elem Modernization
Northboro Elem Moderntzabon
Nothmore Elementary Replacement
Palm Beach Gardens Oem Modernizabon
Palm Beach Gardens High Modernization
Palm Beach FuMi Modernization
Palm Springs Elem Modeinkation
Palmetto Elementary Modemhation
Pluinosa Elem Modemzation 2
1,807,045 18,115,701
1,oO0,000
1,361,918 19,824,485
1,361,918 19,824,485
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1,863882 18,058,864
3,942,649 75,885,728
833,127 19,712,406
Date Prepared: January 3,2005
Ordinance 8, 2005
1 Table 9B continued ...
S D aady Aem School Modernization
South Olie Elem Modernization
U B KinseylPalmview Elem Modemhation
Suncoast Modernization 2,000,000
Academies at Exrsting Schools
Aueage Area Hi& (02-NNN) Buildout
Addison Miner Elementary Remodeling
Altemalive Schools Master Plan
Bak Middle School ofthe Arts - Auditorium
Banyan Creek Classroom Addlion
Barton Elem K3 CSR Addition
Belle Glade El Classroom Addh for Re-K
Bmist Fans Classroom Addlion
Boea Raton High Sa. Bldg and Academy
Boca Raton High Stadium
Boynton Beach High Academy
Boynton @each High Stadium
Carver Classroom Addltion
Cholee Lake Classroom Add'n for PreK
Citrus Cove Classroom Addiion
Coral Sunset Elem Addition
Covered Flaygrounds
Crestwood Classmom Addition
Crystal Lakes CSR Addition 2
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7,321,411
5,580,086
2,116,952
79,000
5,500,000
10,640,868
1,029,311
2,563,253
795,930
10,111,383
1,887,480
5,425,350
732,092
2893,479
795430
4,804,028
10,470,200
192,869
9,317,426
3,728067
1,812,885 4,500,000
5,580,086
75,000
5,500,000
10,640,868
795930
10,111,383
200,000 1,687,480
5,425,350
795,930
4,804,028
2,893,479
9,317,426
2,563,253
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Date Prepared: January 3,2005
Ordinance 8, 2005
1 Table 9B continued.. .
Proiect Total
Or. M.MBethune Class. Addh for Pre-K 795,930
Glades Genhl High Academy
Gove Classrocin Addifon
Hammotk Poide Elem Addh
Indian Plnes Classroom Addition
Indian Pines Elem Addifion
Indian Ridge Classroom Addition
Jerry Ths Elem Addtion
John I Leonard Hgh - 18 Classrooms
Apiter High Stadium
hpiter Middle Classroom Addihon
Lake Worth High Addlin FII 3
Lake Worth High Addfins Ph 2
Lake Wotth Middle Classroom AddSon
Liberty Park Elm Addition
Limestone Qeek Elem Addition
Manatee Classroom Addition
Norlh eade Classroom Addtion
Okeeheelee Classroom Addition
Olympic Heights High AddiSon
Pahokee Elementary Phase 2 OCR
Pahokee High StadKlm
Palm Beach Lakes Academy
Palm Beach Lakes Auditorium
Palm Beach Lakes Classroom Addlion
Padher Rw ES Addition
Pine Qove K-3 CSR Addifion
Relocatables - Code Compliance
Relacatables - Master Plan
Relocatables -Walkway Canopies
Relocatables 8. Modulars - Replacement 2
5,500,000
795,930
14,333,183
047,530
10,467,937
3,975,290
8,490,126
2,970,021
1,724,506
3,774,053
4,420,537
30,493,791
5,024,453
13,249,382
8,445,377
3,945,096
795,930
3,716,567
4,265,212
7,300,534
1,887,480
5,853,015
6,667,093
9,207,481
12,774,926
1,027,654
29,500,000
1,500,000
s,soop00
50,997,500
9,500,000 10,000,000 10,000,000
2,000,000 2,000,000 500,000
3,975,290
3,774,053
5,024,453
3945,096
9,207,481
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Date Prepared: January 3,2005
Ordinance 8, 2005
Subtotal Additions and Remodeling Prqects 454,888,2IO
Site Acquisition
Site Acguisition - Existing Facillies 22,792,440
Site Acgsition- New Faalihes 147,866,761
Subtotal Site Acquisition 170,658,201
Subtotal New Construction 2,782,225,154
1 Table 9B continued ...
116,940,462 258,057,828 128,528,i80 39,866,008 53,848,648 34,816,980
13,792,440 9,000,000 5,000,000 1,000,000 1,000,000 1000,000 1,000,oOO
107,866,761 40,000,000 7,000,000 7,000,000 12,000,000 7,000,000 7,000,000
121,651,201 49,000,000 12,000,000 8,000,000 13,000,000 8,000,000 8,000,000
1,684,855,175 1,087,370,779 488,627,324 111,757,573 236,218,530 105,784,587 133,982,765 2
3
Royal Palm School Ctassrwm Addltion
Santaluces Auditorium
Santduces Hsh Academy
Seminole Traits Classroom Addiion
Sodh ObveClassroom Addtwn
Spanish River Auditotium
Vllage Academy Additin
Vllage Academy High School level
Village Academy Middle School Level
Wellington E Classmom Addition
Weliton High Auditorium
WestBoca Raton High(Ol.111) Buildout
West Bus Compound ParkinglAddhs
West Rlviera K-3Class Size Reduction
West Tech Academy Madif cations
West Tech Ed Ctr Modifications
Whispering Fines Classroom Addibon
Wm T Dwyer Academy
Win T Dyer AddlCon
6,507,704
6,124,500
4$08,750
5,028,032
795,930
7,962,192
4,351,443
8,468,712
10,223,268
5,632,406
6,702,123
5,915,047
224,129
868,443
i,258,600
11,705,575
4,666,659
2,500,000
6,750,000
4,908,750
795,930
1,728,079
8,343545
11,705,575
6,507,704
8,468,712
6,702,113
5,028,032
5,632,406
5,915,047
4,666,659
Bds Forest El CSRAddition
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Date Prepared: January 3,2005
Ordinance 8, 2005
,
1 Table 9B continued.. .
Project Total
Beynton lDeliay Area Mddle (03.LL) 34,041,957
Class Size Reduction 368,719,367
Coral Reef Elm CSR Addition 4970,719
FW& Park K-3 CSR Addition 1,183,861
Gladeview K-3 CSR Addtion 857,372
Gove K-3 CSR Addition 1,036,819
Higtiand CSR AddiCon 4,776,173
Ju@er Farms Area Mdde (03-NN) 34,041,957
K E Qnningham K-3 CSR Addition 1,010,799
Omni Class See Reduction 2,922,600
Pahokee Uem K-3 CSR Addition 1,094,288
Reloeatables dhdulars - Purchase 21,000,000
Sandpiper Shores CSR Addition 4,716,400
Starlight Cove CSR Addibon 4854280
Timber Trace CSR AddiSon 4,072,601
Wellington Landings Class See Reduction 3,334,119
Subtotal Class Size Reduction 503,333,484
2 Subtotal Class Size Reduction 503,333,484
Other Items
Maintenance
Banyan Creek WAC Replacement 2,065,437
Bear lakes HVAC Replacement 4,335,399
Cdusa HVAC Replacement 2,667,756
Capital Maintenance Tramfer 361,672998
Christa MAuliffe HVAC Replacement 4,901,500
COBl Payments 104,488
Ciystal Lakes HVACReplacement 3,500,000
Fadlies Management Msc. Projects 500,000
Faclily Support 1,013,391
Fre &Life Safety Systems 11,452,143 3
4
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6
7
8
9
10
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12
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34,041,957
7,410,000 93,133,281 166,726,857 101,389,229
1,373,143 32,668,814
7,0UQOOO 7,000,000 7000,ooO
36,000000 36,122,014 37,205,671 38,321,841 39,471,498
50,000 50,w 50,000 50,000
1,021,456 1,090,797 1,164,991 1,124,072 1,297,516
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Date Prepared: January 3,2005
Ordinance 8, 2005
1 Table 9B continued.. .
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Project Tofal
H 1 Johnson HVAC Replacement 3,l66,740
Loxahatchee Groves HVAC Replacement
Minw Projects
Omd HVAC Replacement
PECO Maintenance Projects
Preventbe Maintenance
Royal Palm Schod HVAC Replacement
Sandplper Shares HVAC Replacement
Timber Trace HVAC Replacement
Watson B Duncan HVAC Replacement
Wellington Landings HVAC Replacement
2,983,547
119,200,669
5,000,000
56,424,579
12,000,000
4,500,000
3500,000
3,500,000
5,000,000
5,000,000
Subtotal Maintenance 612,489,247
Transpwlation
School BuseslVehicles 82,165,415
Vehicles 124,000
Subtotal Transportation 82,289,415
Technology
Application Systems
Business Operating Systems
Business System Replacement
County-wlde Technology
Data Warehouse Integration Prqed
Electronic Imaging Storage & Rebieval
Instructional Technology Elem Schools
Instructional Technology High Schools
Instructional Technology Mddle Schools
On-tine Assessments
School Center Administratwe Technology
Student System Replacement
Tech Prep, High
Tech Prep, Middle Schods
28,784,586
24,230,470
20,676,450
349,899
9,698,000
691,710
54,338,019
38,070,664
40,685,885
14,293,300
79,986,169
11,262,358
447,045
556,617
14312,136 11,741,500 15,183,745 17,639,257 19,521,220
7,470,636 3,184,629 3,499935 3,772,244 4,058,035
2,000,000 2,000,000 2,000,000 2,000,000 2,000,000
9,412,995 8,862,922 9,380,619 9,792,108 10,306,909
3,678,264
3,227,705
4,120,000
2, 128,400
5,205,335
3,288,606
3,948,500
3,413,000
9,907,009
3,318,264 3,902,270
2,927,705 3,424272
4,120,000 4,120,000
2,428,400 2,428,400
5,005,335 5,522,340
3,088,606 3,488,882
3,748,500 4,188,964
3,413,000 3,413000
8,977,066 10,904458
2,815,567 2,815,657
4,058,361
3,561,243
4,120,000
1,356,400
6,743,233
4,628,437
5,356,522
3,413,000
13,387,058
2,815,567
4,261,279
3,739,305
4,120,000
1,356,400
9,080,395
6,859,859
7,031,710
341,390
16,056,411
2,815,567
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Date Prepared: January 3,2005
Ordinance 8, 2005
1 Table 9B continued ...
Project Total
Telecommunications 937,251
Mde Area N&oh 442
Subfotal Technolow 325,008,865
Debt Service
Arbitrage Refund to IRS 88,984
COPS Lease Payments 755,213,334
Subtotal Debt Service 755,302,318
Other Items
Capital Contingency
Counly-wide Equipment and Fwniture
Equity Funds
Furmshings
Instructional Media Sewices
Instructional TV
Library Book Upgrade
Multimedia Curriculum Support
Musical Instruments
National Schd Flness Foundabon
Relocatables - teasing
Reloeatables - Relocation
Restricted Reserve
School Center Secunly
SIT Award Transfers for Charter Schods
78,253,869
12,366,081
2,219,064
2,129,095
5,030,737
6,582,320
5,610,583
199,311
1,538,688
2,822,030
11,206,058
101,090,799
28,271 923
5,404,761
2,177,236
Subtotal Otheritems 264,102,555
2 Subtotal Other Items 2,03t,112,406
3 Total Projects
4
5
6
7
8
9
10
11
12
13
14
15
16
17
350,000 900,000 900,000 W0,OOO 1,000,000
400,000 400,OOO 424,360 441,334 463,401
400,000 400,OOO 424,360 441,334 463,401
240,000 240,000 254,616 264~01 27a,04i
360,000 360,000 381,924 397,201 417,061
150,000 150,000 150,000 150,000 150,000
1,190,100 1,203,700 177,610 186,491 195,816
3,994953 12,877,109 24,821,015 15,827,088 16,721,464
4,000,000 4,000,004 4,226,037
418,945 418,945 444,459 462,237 485,349
5,325,551,838 I 2,531,707,052 1 728,366,010 442,700,394 658,525,387 548,695,800 415,557,095
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.
22
Date Prepared: January 3, 2005
Ordinance 8, 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(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 3,2005
Ordinance 8,2005
PASS ED 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
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
\\Pbgsfile\Attorney\attorney-share\ORDINANCES\COMP PLAN - CIE - ord 8 2005.doc
24
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.
C.
d.
e.
f.
g.
h.
i.
Preservation of significant native ecological communities in greenways along the City’s
major corridors;
Separate bicycle and pedestrian circulation through and between land uses within and
adjacent to the areas included within the Conceptual Linkage Plan presented in the Future
Land Use Element of this Comprehensive Plan;
Mitigation areas for natural areas disturbed elsewhere within the area included within the
Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive
Plan, where applicable;
The buffering of adjacent roadways, land uses and developments, where applicable; and
The provision of public access to the restored Loxahatchee Slough, where applicable.
Preserve urban beauty through right of way landscaping requirements;
Provide residents with a safe and multi-use pathway system which is recognized as an urban
component of the Florida Greenways System;
Eliminate a perceived need for using strip commercial as a buffer between arterials and
residential areas; and
The phasing of the establishment of the parkways shall, at a minimum, be relative to the
phasing of development in the area included within the Conceptual Linkage Plan presented in
the Future Land Use Element of this Comprehensive Plan.
Objective 6.1.9.: The City shall maintain land development regulations which, in conjunction
with the efforts of other regulatory agencies having jurisdiction, shall ensure the protection
and preservation of native habitats, and maximize the provision of open space for this purpose.
Policy 6.1.9.1.:
regulations with specific reference to conservation and preservation land area requirements.
The City shall maintain open space requirements in the land development
CONSERVATION 6-9
Policy 6.1.9.2.: The City shall endeavor to "collect and concentrate" open space conservation areas
to amass significantly large land areas that will be left in their natural settings for public dedication
and use through land development regulations.
Policy 6.1.9.3.: Through the site plan and subdivision review process, the City shall endeavor to
connect open space and conservatiodpreservation areas with the Parkway System wherever possible.
Policy 6.1.9.4.: The City shall require all developers to identify all conservatiodpreservation areas
and submit all appropriate information to regulatory agencies.
Policy 6.1.9.5: The City shall maintain the following minimum requirements to all required preserve
areas for environmentally significant lands.
(1) Lands to be set aside in preserve areas shall be:
a.
b.
C.
d.
e.
f.
g.
h.
1.
j.
Identified based on the quality of habitats, the presence of listed species, proximity to
other natural areas and other relevant factors.
Preserved in viable condition, with intact canopy, understory, and ground cover, and
maintained without infringement by drainage or utility easements.
Platted as separate parcels of land.
Of highest quality, capable of functioning within itself or in conjunction with
manmade features.
Clearly defined, protected and managed in such a way that it serves a purpose to the
communities around it.
Contiguous, wherever possible, to an adjacent preserve, public park, school site, or
human-made open space or combination thereof.
Maintained as large open or green areas with the intent of preserving large areas to
promote self-sustaining, balanced plant growth, biodiversity, and wildlife
enhancement and shall be connected with other preserve areas to conceptually
function as wildlife corridors.
One-hundred-percent protected from alteration during site construction.
Compact in nature, avoiding strip or noncontiguous patterns and arranged in a
continuous fashion where possible. The use of preservation areas as long, narrow
buffers is discouraged.
Protecting and preserving of all endangered and threatened plant, animal and marine
CONSERVATION 6-1 0
populations and the habitat of critical value to regional populations of endangered
and threatened species.
k. Consistent with South Florida Water Management District regulations, such that a
minimum 15-fOOt upland buffer composed of native vegetation shall be preserved or
established around wetland areas landward from the edge of the wetland in all places
and shall average 25 feet of width from the landward edge of the wetland.
1. Cleared of invasive nonnative vegetation (e.g., Brazilian pepper, Australian pine and
Melaleuca), except as otherwise authorized by the city, by the developer at the time
of development or redevelopment of a site.
Lands that are set aside in a preserve status may be included in open space calculations for
purposes of meeting open space requirements of the city's planned community district or
planned unit development ordinances if the canopy, understory, and ground cover vegetation
are left intact. However, such preserved lands shall not make up more than 50 percent of the
total required open space, unless it is determined by the city council that a greater portion of
the required open space should consist of preserved area because of special site constraints
or preservation opportunities.
(2) Alteration within the preserve shall require City approval, and shall be limited to:
1. The construction of boardwalks, pervious walkways, and other passive
recreational or educational facilities.
2. The construction of firebreaks, fire lanes, or fence lines and the removal of
invasive nonnative species and their replacement with native species. The use
of native plant communities, existing roads and trails, etc., as firebreaks is
preferred to the construction of new access roads or fire lanes, which would
result in the introduction and spread of invasive nonnative plant species.
3. Primary public/institutional buildings shall be prohibited in the conservation
land use designation and within other environmentally sensitive lands,
including wetlands, 1 00-year floodplains, groundwater aquifer recharge areas,
areas set aside by the development to meet the 25-percent preservation of
native ecological communities and wildlife habitats, unless otherwise
approved by the city council.
Policy 6.1.9.6: The City shall maintain the following minimum requirements to require a
management plan for all preservation areas andor conservation lands.
a) A management plan of the preserve area and/or any other conservation areas within the city
shall include but not be limited to long-term protection of the preserve/conservation area, continued
removal of and protection from litter and debris, avoidance of activities or land alteration which may
CONSERVATION 6-1 1
disturb the preserve area, eradication and continued monitoring and removal of invasive nonnative
plant species, control of off-road vehicles, and maintenance of hydrological requirements. Periodic
prescribed burning or other mechanical methods that would simulate the natural processes of the
natural historic fire regime may be required for some areas.
b) Each management plan shall be approved, pursuant to Comprehensive Plan Policies and land
development regulations by the department, before final approval of construction drawings or
commencement of land alteration, whichever occurs first, andor incorporation into the city
as a conservation area, open space, greenway, or wildlife corridor.
(c) Deed restrictions.
(1) For those lands identified for preserve status, appropriate deed restrictions shall be
placed on the lands and recorded in the public records of the county, or they may be
dedicated to a public entity or approved private conservation group for the purposes
of preservation, or appropriate restrictive conservation easements granted in
perpetuity may be established, or such other similar protective measures may be
established, as determined by the city council, upon completion of all review
processes.
(2) A conservation easement shall be established for a preserve area on a single-family
residential lot five acres or greater in size. The deed restriction or conservation
easement shall be dedicated to the appropriate entity, such as the property owners
association, or a state or local government or agency.
(d) The perpetual maintenance and protection of designated preserve areas shall be established
by a legally binding, recorded instrument.
Policy 6.1.9.7: The City shall provide for a voluntary density bonus program for land use
designations of residential high (RH) to permit densities up to 15.0 units per gross acre, based on one
additional unit of density allowed for every ten percent of native ecological habitat put into a
preserve within the planned community district (PCD) up to a maximum of 15.0 units per gross acre.
These preserve areas shall be over and above the minimum preservation and open space areas
provided in accordance with standard PCD requirements.
Policy 6.1.9.8: The City shall maintain in the land development regulations requiring the removal of
invasive nonnative species from preserve areas and development tracts.
CONSERVATION 6-12
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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.
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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;
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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: December 27,2004
Meeting Date: February 17,2005
Resolution 10,2005
Subject/Agenda Item:
Resolution 10,2005:
Borland Center Planned Unit Development Off-Site Mitigation for Preservation
Borland Center Plat Approval
Borland Center Acceptance of Deed
Adoption: A request by Don Hearing, of Cotleur Hearing, agent for Borland CenterIPalm Beach
Community Church, for approval to allow off-site upland preserve mitigation for the Borland Center
Planned Unit Development on a 4.63-acre site located on the north side of the Bee Line Highway,
opposite the North County Regional Airport.
[XI Recommendation to APPROVE with conditions
1 Recommendation to DENY
Reviewed by:
Planning & Zoning
Director
City Attorney
Christine Tatum
Developmen
Compliance
Bahareh Keshavarz-Wolfs,
AICP
Growth Mana-
Administrato
Charles K Wu, AICP
Approved By:
Originating Dept.:
Growth Mana ement:
Project it$y-
Manager
Kara lnvin
Senior Planner
Action:
[ 3 Quasi-judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[ ] Required
[ X ]Not Required
Affected Parties:
[ ] Notified
[XI Not Required
FINANCE:N/A
costs: $N/A
Total
$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Other-
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ 3 App. w/ conditions
[ 3 Denied
[ 3 Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ 3 Continued to:-
Attachments:
Resolution 92, 2004
Management Plan
Resolution IO, 2005
Conservation Easement
Borland Center Plat
Special Warranty Deed
Agreement
Date Prepared: December 27,2004
Meeting Date: February 17,2005
Resolution 10,2005
Page 2 of 5
BACKGROUND
On August 5,2004, the City Council adopted Ordinance 13,2004 and Resolution 92,2004, which
approved the development order for Borland Center Mixed-Use Planned Unit Development (PUD).
The master plan allows for the development of 64,533 square feet (500-seat small theater, and 300-
seat banquet hall, Sunday School and accessory facilities) for a cultural center and church facilities,
64,025 square feet for retail space, 19,950 square feet for restaurant space, 10,900 square feet for
office space, and 225 rental units.
The applicant is requesting approval for off-site upland preserve mitigation as provided for in the
development order, Resolution 92,2004, approval for the Borland Center Plat and acceptance of the
right-of-way deed for Shady Lakes Drive.
LAND USE & ZONING
The Future Land Use Map of the City’s Comprehensive Plan designates this property as Mixed Use.
The applicant was granted a waiver to develop the project as a non-residential Mixed-Use PUD by
the City Council.
The subject site’s zoning classification is a Mixed Use Planned Unit Development (MXD PUD)
Overlay as approved by Ordinance 13,2004.
The proposed upland Preserve mitigation site has a zoning classification of Planned Development
Area (PDA) and a land-use designation of Rural Residential (RR-10).
ADDITIONAL OPEN SPACE
As part of the approved project, the applicant was required to indicate that the site plan could support
preserving the entire 4.33 acres of preserve on site. However, the applicant was granted the option of
mitigating a total of 3.39 acres (78%) off-site should land become available in the future for such
mitigation. The additional land designated “Additional Open Space” was to account for the
difference in the amount of upland preserve until the off-site mitigation was finalized and recorded.
UPLAND PRESERVATION
The applicant is proposing to preserve 22% (0.94 acres) of the upland preserve set aside requirement
on-site, which is consistent with the approved development order, Resolution 92, 2004. The
applicant is mitigating the remaining 78% (3.39 acres) off-site at property along PGA Boulevard,
west of the C- 18 Canal on a 4.63-acre site.
Date Prepared: December 27,2004
Meeting Date: February 17, 2005
Resolution 10, 2005
Page 3 of 5
CONSERVATION EASEMENT
The applicant is conveying the Conservation Easement to the City and has submitted a Management
Plan for the property covered by the easement. The applicant has provided the City with the
information that the South Florida Water Management District (SFWMD) may purchase the property
in the future, but maintain the conservation use of the property. The Borland Center Planned Unit
Development (PUD) development order, Resolution 92,2004, provided a condition of approval for
the payment of $250,000 to the City in the event that the property is conveyed to the South Florida
water Management District (SFWMD).
CONSISTENCY WITH COMPREHENSIVE PLAN
The following Comprehensive Plan policy allows for the mitigation of upland preservation off-site,
as requested by the applicant:
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 Comprehensive Plan policy 6.1.5.4:
1.
2.
3 a.
3b.
4a.
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;
A minimum, 25% of upland native plant communities intact with canopy, understory and
groundcover (e.g. pine sand scrub, xeric oak forest, hardwood hammock, pine flatwoods) is
set aside as a preserve or;
In cases of lots of less than 40 acres or where the quality of habitat on any size parcel does
not warrant preservation of upland habitat on-site, preservation of such habitat on-site is not
otherwise required by policy or ordinance, and upland habitat of equivalent type and area is
available elsewhere in the City, the developer shall preserve similar communities off-site,
provide monies for the acquisition of similar or better quality native plant communities, or
restore similar plant communities. Off-site preservation and restoration of communities may
be required at a greater ratio;
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 .l):
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;
Date Prepared: December 27,2004
Meeting Date: February 17, 2005
Resolution 10,2005
Page 4 of 5
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 of no more than one dwelling
unit per five acres in the urban area and one dwelling unit per twenty acres in the rural area,
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.
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.”
4b.
5.
Approval of Resolution 92, 2004 provided for a waiver to allow upland mitigation off-site for the
Borland Center Planned Unit Development (PUD). Currently, the applicant has provided staff with
an application which includes a management plan for the proposed off-site mitigation site located on
the Bee Line Highway, opposite the North County Regional Airport and a copy of the executed
conservation easement.
The proposed Management Plan has been reviewed and approved by the City Forester, Mark
Hendrickson.
PLAT
The City Engineer has reviewed the proposed plat and determined that it meets all the technical
requirements of the City’s land Development Regulations and Chapter 177, Florida Statutes. The
plat reflects an on-site preservation area of 0.957 acres, consistent with the off-site mitigation
conservation easement submitted by the applicant. The Plat also dedicates the right-of-way for
Shady Lakes Drive to the City and certain turn lanes to the Florida Department of Transportation
(FDOT).
RIGHT-OF-WAY DEED ACCEPTANCE
Resolution 92,2004 requires dedication of the Shady Lakes right-of-way and turn lanes described
Date Prepared: December 27,2004
Meeting Date: February 17,2005
Resolution IO, 2005
Page 5 of 5
above. Additionally, at the City’s request, the applicant has submitted a special warranty deed
conveying the Shady Lakes right-of-way to the City.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 10, 2005 with conditions, which approves the off-site
mitigation for Borland Center Planned Unit Development (PUD), the Borland Center Plat, and
acceptance of the right-of-way deed for Shady Lakes Drive.
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RESOLUTION 92,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A WAIVER OF THE
RESIDENTIAL REQUIREMENT WITHIN A MIXED USE PROJECT
TO ALLOW FOR A MIXED USE PLANNED UNIT DEVELOPMENT
AND MEASURES; APPROVING THE MASTER DEVELOPMENT
AS THE BORLAND CENTER I PALM BEACH COMMUNITY
CHURCH (AKA PARCEL 6.01A), LOCATED ALONG THE NORTH
SIDE OF PGA BOULEVARD BETWEEN GARDENS SQUARE
BOULEVARD AND SHADY LAKES DRIVE, AS DESCRIBED MORE
PARTICULARLY HEREIN, TO ALLOW THE DEVELOPMENT OF
64,533 SQUARE FEET FOR A CULTURAL CENTER AND CHURCH
FACILITIES (SOOSEAT SMALL THEATER I CHURCH FACILITY
64,025 SQUARE FEET FOR RETAIL I COMMERCIAL USE, 19,950
SQUARE FEET FOR RESTAURANT USE, 10,900 SQUARE FEET
(PUD) UTILIZING NON-RESIDENTIAL MIXED USE INTENSITIES
PLAN FOR THE APPROXIMATELY 47-ACRE PROPERTY, KNOWN
WITH ACCESSORY USES AND 300-SEAT BANQUET HALL),
FOR PROFESSIONAL OFFICE USE, AND 225 MULTI-FAMILY
UNITS; GRANTING CONDITIONAL USE APPROVAL FOR A 500-
SEAT SMALL THEATER USE I CHURCH AND 300-SEAT BANQUET
FACILITY ; PROVIDING FOR WAIVERS; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council, as the governing body of the City of Palm Beach
Gardens, Florida, pursuant to the authority in Chapter 163 and Chapter 166, Florida
Statutes, and the City’s Land Development Regulations, is authorized and empowered
to consider petitions related to zoning and land development orders; and
WHEREAS, the Palm Beach Gardens Comprehensive Plan provides for a waiver
from the residential component, thereby allowing a mixed use project to utilize non-
residential mixed use intensity measures; and
WHEREAS, the Growth Management Department has reviewed the proposed
master site plan for consistency with the criteria established by the City’s
Comprehensive Plan to determine the compatibility of the development with the
surrounding future land use and/or existing development; and
WHEREAS, the Growth Management Department has determined that said
application, as proposed for development, meets two of the four criteria necessary for
the waiver to allow non-residential mixed use intensities within a Mixed Use Planned
Unit Development (PUD) project as required by the Comprehensive Plan; and
Date Prepared: July 15,2004
Resolution 92,2004
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WHEREAS, the City received petition PUD-01-13 from Cotleur Hearing, agent
for Palm Beach Community Church, for master development approval to allow the
development of 64,533 square feet (500-seat small theater / church facility with
accessory uses and a 300-seat banquet hall) for a cultural center and church facilities,
64,025 square feet for retail I commercial use, 19,950 square feet for restaurant use,
10,900 square feet for professional office use, and 225 multi-family units, a Conditional
Use (CU) for a 500-seat small theater and church and a 300-seat banquet facility, on an
approximately 47-acre site located along the north side of PGA Boulevard between
Gardens Square Boulevard and Shady Lakes Drive, as more particularly described
herein; and
WHEREAS, the subject site has been zoned to Mixed Use Planned Unit
WHEREAS, the Master Development Plan was reviewed by the Planning and
Zoning Commission at a public hearing conducted on February 24,2004; and
WHEREAS, the 500-seat small theater / church and a 300-seat banquet facility
have been reviewed as a Conditional Use (CU) and have met the conditional use
criteria per Section 78-52 of the City’s Land Development Regulations; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Petitioner and other interested parties and the recommendations of
the various City of Palm Beach Gardens review agencies and staff; and
WHEREAS, the City Council has determined that this Resolution is consistent
with the City’s Comprehensive Plan based on the following findings of fact:
Development (PUD) Overlay with an underlying zoning of Mixed Use (MXD); and
The applicant has satisfied the criteria established in Section 78-1 57(g)(1)
of the City’s Land Development Regulations and Policy 1.1.1.3 of the Land
Use Element of the City’s Comprehensive Plan for the requested waiver.
The applicant has met the intent of the City’s Comprehensive Plan, and the
proposed development is consistent with the Comprehensive Plan.
The applicant has demonstrated compliance with the conditional use criteria
specific to the proposed conditional uses of the 500-seat small theater /
church and a 300-seat banquet facility.
The proposed uses are not a detriment to the public safety and welfare
within the City of Palm Beach Gardens.
The applicant has provided adequate screening and buffering in order to
mitigate the impact of the proposed uses.
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Date Prepared: July 15,2004
Resolution 92,2004
6. The proposed uses are in harmony with the general purpose and intent of
the Code.
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 a waiver pursuant to Section 78-
157, Code of Ordinances to waive the mandatory residential requirement. The non-
residential waiver is specifically limited to the approved master site plan approved
herein and its compatibility with the surrounding area based on the proposed intensities
and densities of the development. Any amendments, revisions, and/or redesign of the
project shall require a reevaluation of the criteria applied to the proposed amendments,
revisions, and/or redesigning of the project.
SECTION 3. The Master Development Plan application of Cotleur Hearing, agent
for Palm Beach Community Church / Borland Center, is hereby APPROVED on the
following described real property, to permit the following development:
0 64,533 square feet for a cultural center and church facilities (500-seat small
theater / church facility with accessory uses and a 300-seat banquet hall)
0 64,025 square feet for retail / commercial use
19,950 square feet for restaurant use
0 10,900 square feet for professional office use and 225 multi-family units
0 a Conditional Use (CU) for a 500-seat small theater / church and 300-seat
banquet facility
on an approximately 47-acre site located along the north side of PGA Boulevard
between Gardens Square Boulevard and Shady Lakes Drive, including the list of uses
for the PUD attached hereto as Exhibit "A", and subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
ordinance:
LEGAL DESCRIPTION:
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42
EAST; WITHIN THE MUNICIPAL LIMITS OF TH E CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
THAT PART OF THE SOUTHWEST QUARTER (SW X) OF SAID SECTION 1,
TOWNSHIP 42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST
THE PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN
RIGHT-OF-WAY LINE OF MILITARY TRAIL; LESS AND EXCEPTING THEREFROM
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Date Prepared: July 15,2004
Resolution 92,2004
PLAT BOOK 34, AT PAGE 139; ALSO LESS THAT PORTION LYING NORTHERLY
OF THE WESTERLY ELONGATION OF THE NORTH LINE OF SAID PLAT OF
GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34,
AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST QUARTER
(SW %) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR P.G.A.
IN OFFICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD
OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA BY THE
202, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
BOULEVARD RIGHT-OF-WAY; ALSO LESS THAT CERTAIN PARCEL DESCRIBED
RIGHT-OF-WAY DEED RECORDED IN OFFICIAL RECORDS BOOK 6898, PAGE
CONTAINING 2,052,098 SQUARE FEET OR 47.1 10 ACRES, MORE OR LESS.
LAND USE/PLAN N ING
1.
2.
3.
4.
Prior to issuance of the first building permit, the applicant shall comply with Section
78-262 of the City Code dealing with Art in Public Places. The applicant shall
provide art on site or make a payment in lieu of art. The Art in Public Places
Committee shall review and make a recommendation to the City Council on any
proposed art on site. If the applicant is providing public art on site, the art shall be
installed prior to the issuance of the first Certificate of Occupancy. (Planning &
Zoning)
Medical or Dental Office Use is not allowed unless the applicant submits a traffic
equivalency analysis for review and approval by the City Engineer and Traffic
Consultant. The applicant shall also be required to demonstrate compliance with
parking requirements of the City Code. (Planning & Zoning)
Prior to issuance of a clearing permit, the applicant shall coordinate an on-site
meeting with the City Forester to confirm that existing and proposed landscaping,
as reflected on the proposed landscape plan, effectively screens all parking areas
from any right-of-way, while remaining in compliance with CPTED principals
incorporating view corridors for security purposes. (City Forester)
Prior to issuance of a clearing permit, the applicant shall indicate on the site plan
the location of a transit stop and shelter along PGA Boulevard or provide staff with
verification that a transit stop is not required. If required by the Palm Beach
County Transit Authority, the applicant shall provide an application for
administrative approval to approve the location and detailed plans and elevations
consistent with Council’s past approvals of such shelters and shall be responsible
for the construction of said shelter prior to the issuance of the first Certificate of
Occupancy. (Planning & Zoning)
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Date Prepared: July 15,2004
Resolution 92,2004
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5. Within sixty (60) days of the effective date of this Resolution, the applicant shall
submit a master signage program for the Planning, Zoning and Appeals Board and
City Council review and approval. (Planning & Zoning)
6. Prior to the issuance of each occupational license or building permit for interior
renovations of tenant spaces, the applicant or its agent shall submit a breakdown
by use of the gross square footage for lease for approval by the Planning and
Zoning Division. (Planning & Zoning)
7. Prior to issuance of the first Certificate of Occupancy, the applicant shall dedicate
the posted and viewed Shady Lakes Drive right-of-way to the City of Palm Beach
Gardens. (Planning & Zoning)
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Within thirty (30) days of the effective date of this Resolution, the petitioner shall
revise the master site plan to include an on-site preserve area or an on-site native
plant restoration plan to provide on-site preservation area in an approximate
location adjacent to Shady Lakes Drive or as acceptable to City staff. The
applicant shall complete the planting of the approved area of upland native
vegetation based on the restoration plan prior to issuance of the first Certificate of
Occupancy. (City Forester)
Prior to issuance of the clearing (land alteration) permit or first building permit, the
project subdivision plat shall be completed, approved by City Council, and
recorded. The upland preserve area shall be free of any encumbrances, including,
but not limited to, road rights-of-way, drainage easements, andlor utility
easements and shall bear a conservation easement. (City Forester)
Within ninety (90) days of the effective date of this approval, the applicant shall
provide the City, for review and approval, an upland preserve management plan
which details how the preserve will be createdhstored and managed. (City Forester)
Prior to the issuance of the first Certificate of Occupancy, the creation/restoration
of the upland preserve area shall be completed and approved by the City Forester.
(City Forester)
The applicant shall be required to provide pedestrian scale (maximum twelve-foot
height) lighting along the pedestrian pathways along PGA Boulevard, Garden
Square Boulevard, and Shady Lakes Drive adjacent to its property. The updated
lighting plan for the meandering pedestrian sidewalk within the parkway/preserve
area shall be submitted within thirty (30) days of approval of the date of this
Resolution. (Planning & Zoning)
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Date Prepared: July 15,2004 Resolution 92,2004
The applicant, successors, or assigns shall be responsible for the landscape
maintenance of the medians (including irrigation) and road shoulders of those
sections of public rights-of-way adjacent and/or contiguous to the Borland Center
for Community Enrichment Planned Unit Development (PUD), including:
a. PGA Boulevard from Shady Lakes Drive to Garden Square Boulevard (the
applicant shall pay the City 50% of the total cost of maintenance of the
median).
b. Shady Lakes Drive (both east and west sides) from PGA Boulevard to the
northern terminus of its property at the time of said approval.
c. Garden Square Boulevard (west side) from PGA Boulevard to the northern
terminus of its property. (City Forester)
The petitioner, successors, and assigns shall be responsible for the maintenance
and installation of the lighting, landscaping, hardscaping, and irrigation of the
areas along the adjacent roadways as required by Condition No. 13 hereinabove.
(City Forester)
The applicant shall install the landscaping and irrigation for the PGA Boulevard
Parkway, the Shady Lakes Drive, and Garden Square Boulevard buffers within six
(6) months of the issuance of the clearing permit, or no further permits or
inspections will be issued for the project site until said landscaping and irrigation
are completed. (City Forester)
The applicant shall convert the existing on-site PGA Boulevard Parkway irrigation
and Shady Lakes Drive irrigation from reclaimed water to a private water source.
In the event that the capacity for reclaimed water is available and able to service
the subject site, the applicant may convert the systems back to utilize reclaimed
water. (City Forester)
In the event the City of Palm Beach Gardens, or another entity, forms a special
district pertaining to the landscape maintenance of contiguous rights-of-way, then
the Borland Center for Community Enrichment property owners association,
successors, or assigns shall automatically become a member of such special
district. This condition may be amended at any time by separate agreement
between the applicant and the City of Palm Beach Gardens. (City Forester)
6
Date Prepared: July 15,2004
Resolution 92,2004
1 ENGlNEERlNGmRANSPORTATlON
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Prior to construction plan approval, the applicant needs to identify existing and
proposed handicap ramp locations on the construction plans. Handicap ramps
shall be provided at all sidewalks that intersect curbing along handicap-accessible
routes as required by ADA. The handicap ramps shall be labeled with the curb
ramp number from FDOT Index #304, and the applicant shall provide a detail of
each proposed curb ramp type. (City Engineer)
Prior to the issuance of the first building permit for any structure, the applicant
shall provide surety, acceptable to the City, for the construction of the public
improvements. The applicant shall provide an annual evaluation and adjustment
of the surety for the public improvements to account for inflation and fluctuations of
construction costs. The annual evaluation and adjustment shall be performed
prior to the anniversary of the Development Order approval of each year. (City
E ng i n ee r)
No construction or land alteration of any portion of the surface water management
system shall be undertaken until an environmental resource permit for construction
and operation of the Surface Water Management System, or portion thereof, is
issued by the South Florida Water Management District. (City Engineer)
The applicant shall copy to the City all correspondence to and from the South
Florida Water Management District regarding the Surface Water Management
System. (City Engineer)
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, Shady Lakes Drive, Military Trail,
and PGA Boulevard during construction. 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 manner
acceptable to the City prior to additional construction activities. (City Engineer)
All areas designated for maintenance of the Surface Water Management System
shall be no less than 20-feet wide (minimum) with graded slopes no steeper than
8:l (horizonta1:vertical). No construction or landscaping shall be permitted in the
maintenance areas in a manner that will in any way restrict, impede, or otherwise
limit the use of these areas for this intended purpose. (City Engineer)
42 TRAFFIC
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24. The Build Out date is December 31 , 2004. (Planning & Zoning and City Engineer)
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Date Prepared: July 15,2004
Resolution 92,2004
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The applicant shall submit any/all requests for build out date extensions to the
Palm Beach County Traffic Division and the City of Palm Beach Gardens for a
coordinated review and approval. (City Engineer)
Prior to any future amendments that increase the building area, the applicant shall
submit an updated traffic analysis to the Palm Beach County Traffic Division and
the City of Palm Beach Gardens for a coordinated review and approval. The
analysis shall utilize actual traffic counts generated at the time of the amendment
and during the peak season if the amendment is submitted off season. If
requested by the City, the analysis shall include an updated traffic management
plan. (City Engineer)
Prior to any future amendments, the applicant shall permit the City access to the
site in order to perform traffic counts. (City Engineer)
Upon receipt of this development order and continuing through substantial
completion of construction, the petitioner shall bi-annually provide the City with a
status report on all the approved elements of the PUD, including a summary of
completed construction and schedule of proposed construction over the remaining
life of the development order. (Planning & Zoning and City Engineer)
Prior to the issuance of the first building permit or within six (6) months from the
effective date of this approval, whichever is earlier, the applicant shall enter into a
Public Facility Agreement (PFA) with Palm Beach County for funding of the
roadway improvements, in a form acceptable to the County Engineer, for all non-
assured construction. (City Engineer)
The County traffic concurrency approval is subject to the Project Aggregation
Rules set forth in the Traffic Performance Standards Ordinance. (City Engineer)
The applicant shall signalize the intersection of Shady Lakes Drive and PGA
Boulevard within twelve (12) months of the date of this development order. 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, and lighting. The signal 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. (City Engineer)
Commencing after the issuance of certificates of occupancy for 75% (1 54 dwelling
units) of the residential units or 75% of the approved non-residential square
footage in the project, whichever occurs first, the applicant shall perform and
submit an annual Signal Warrant Study for the intersections of 1) Shady Lakes
Drive and PGA Boulevard and 2) Military Trail and Garden Lakes Drive. The
methodology of the traffic analysis shall be determined by the City Engineer. The
annual traffic analysis shall be conducted until such time as signals are warranted
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Date Prepared: July 15,2004
Resolution 92,2004
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at the above-described intersections or until two (2) years after issuance of
certificates of occupancy for 90% of the total approved square footage (i.e.,
residential and non-residential) of the project. (City Engineer)
The City shall reimburse the applicant for the cost of the signal and installation to
the extent that the City collects pro-rata funds from other new developments
having an impact on the intersections. (City Engineer)
Prior to the issuance of the first building permit, the applicant shall post a bond or
other surety acceptable to the City in an amount equal to 110% of the cost, as
determined by the City Engineer, to install a traffic signal at the intersection of
Shady Lakes Drive and PGA Boulevard. This bond shall be maintained until the
signal is installed and accepted as required in Condition #32 hereinabove. (City
Engineer)
At such time as a signal warrant analysis demonstrates that a signal is needed at
Military Trail and Garden Lakes Drive, applicant shall post a bond or other surety
acceptable to the City in an amount equal to 110% of the cost, as determined by
the City Engineer, to install a traffic signal at that intersection. (City Engineer)
MISCELLANEOUS
36.
37.
38.
The proposed master site plan does not provide for outdoor dining areas that
expand the service abilities of the restaurant uses. Requests for outdoor seating
areas with service shall be reviewed as an application for administrative approval
to the Growth Management Department and shall be required to include a traffic
equivalency analysis showing the proposed expansion of the restaurant use for
review and approval by the City Engineer and Traffic Consultant. The applicant
shall also be required to demonstrate compliance with the parking and outdoor
seating requirements of the City Code. (Planning & Zoning)
Required digital files of the approved plat shall be submitted to the Planning and
Zoning Division prior to the issuance of the first building permit, and approved civil
design and architectural drawings shall be submitted prior to the issuance of the
first Certificate of Occupancy. (GIs Manager and Development Compliance
Officer)
Prior to the issuance of the first building permit, excluding the clearing permit, the
master property owners association documents and restrictions shall be furnished
by the applicant to the City Attorney for review and approval prior to such
documents being recorded in the Public Records of Palm Beach County. (City
Attorney)
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Data Prepared: July 15,2004 Resolution 92,2004
Prior to issuance of the first building permit, the petitioner shall submit to the City
Attorney and the Planning and Zoning Division documents demonstrating unity of
control by the petitioner or the property owners association over the entire PUD.
(City Attorney)
The petitioner shall preserve all required upland preserve set aside, no less than
4.33 acres, on the east side of Shady Lakes Drive, free of all encumbrances,
including, but not limited to, road rights-of-way, drainage easements, andlor utility
easements. Provided, however, that the petitioner may provide no more than 3.39
acres of the required upland mitigation off site, subject to approval by the City
Council of a separate instrument and subject to conditions, including, but not
limited to, the following: the location, ratio, and management. If off-site mitigation
is provided, the petitioner shall be required to preservehestore the 0.94-acre area
east of Shady Lakes Drive, as depicted on the Master Site Plan dated April 20,
2004. (Planning & Zoning)
In the event that off-site mitigation is provided through a conservation easement
and the underlying property is conveyed to the South Florida Water Management
District or other entity, the petitioner, successors, and assigns shall be responsible
for paying the City $250,000 for money in lieu of off-site mitigation within ninety
(90) days of the sale date. The petitioner shall, prior to the issuance of the first
building permit, post a bond or other surety acceptable to the City to secure this
obligation. (Planning & Zoning)
CRIME PREVENTION THROUGH ENVIRONMENTAL DESIGN (CPTED)
42. Lighting shall not conflict with landscaping, including long-term tree growth. (Police
Department)
43. All lighting for parking lots, parking garages, and pedestrian walkways shall be metal
halide. Metal halide lighting shall be used for the multi-use pathways, and sidewalks
within the site shall be lit at a minimum of O.6-foot candles with 12-foot high
pedestrian scale lighting. (Police Department)
44. Building lighting shall be installed around the entire building perimeter and on
pedestrian walkways. No glare lighting shall be used. (Police Department)
45. Entry signage shall be lighted. (Police Department)
46. Timer clock or photocell lighting shall be provided for nighttime use above or near
entryways and all exits including emergency exits. (Police Department)
47. Numerical addresses shall:
a. Be illuminated for nighttime visibility and be unobstructed.
10
Date Prepared: July 15,2004 Resolution 92,2004
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b. Have bidirectional visibility from the roadway.
c. Be placed at the front and rear of each business. (Police Department)
48. All structures shall use the following target hardening techniques:
a. Buildings shall be pre-wired for an alarm system.
b. Doors shall be equipped with metal plates over the threshold of the locking
mechanism.
c. Glass perimeter doors shall be equipped with case hardened guard rings to
protect the mortise lock cylinder.
d. Rear doors shall have 180degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-removable
hinge pins. (Police Department)
49. Exterior roll-up doors shall be target hardened. (Police Department)
50. If the applicant proposes the installation of an ATM, security shall be achieved by
using the following techniques:
a. Visible from roadway(s).
b. Not obscured by any landscaping or other fixed object that would prevent clear
visibility.
c. Install a slow speed video camera that is recording 24-hours a day.
d. High illumination of ATM. Lighting shall be positioned so as not to cause glare of
video recording.
e. Install and strategically place a convex mirror to allow operator of the ATM to
identify any approaching person@) and/or potential suspect(s).
f. Comply with Section 655.960-965, Florida Statutes, relating to ATMs. (Police
Department)
SECTION 4. The City Council of the City of Palm Beach Gardens, Florida
Section 78-344(1)(1), Minimum Dimensions, to allow for 9 feet wide parking stalls
within the parking deck only and 9.5 feet for the area on the north side of the
residential buildings.
hereby approves the following seven (7) waivers:
1.
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Date Prepared: July 15,2004
Resolution 92,2004
Section 78-250(a)(3), Preserve area requirements, to allow for a reduction in the
preserve area width from 100 feet to 80 feet in the preserve along Shady Lakes
Drive.
Section 78-320(a)(4), Foundation Landscaping and Plantings, to allow for limited
use of foundation plantings throughout the site.
Section 78-364(a), Dimensions of Loading Spaces, to allow for only four reduced-
width loading spaces to be used in accordance with the loading management plan
provided by the applicant.
Section 78-344(1)(3), Parking Stall and Bay Dimensions, to allow for reduced 25-
feet side travel aisles throughout the parking garage.
Section 78-508(b), New Intersections, to allow for a reduced separation distance
of 125 feet between the southem-most ingresslegress point of the site and Garden
Square Shops driveway.
Section 78-250(a), Preserve area requirements, to allow for off-site mitigation in
lieu of on-site preserve area for 1.57 acres of the required set aside to a 3.39-acre
site.
SECTION 5. This PUD approval shall be in compliance with the following plans
24 on file with the City’s Growth Management Department:
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Cover Sheet, 04.20.04, Cotleur-Hearing, Sheet 1 of 11.
Master Site Plan, 04.20.04, Cotleur-Hearing, Sheet 2 of 1 1.
Land Use Plan, 04.20.04, Cotleur-Hearing, Sheet 3 of 11.
Thoroughfare Plan, 04.20.04, Cotleur-Hearing, Sheet 4 of 11.
Site Plan, 04.20.04, Cotleur-Hearing, Sheet 5 of 11.
Site Plan, 04.20.04, Cotleur-Hearing, Sheet 6 of 11.
Site Details, 04.20.04, Cotleur-Hearing, Sheet 7 of 11.
Enlarge Hardscape Plan, 04.20.04, Cotleur-Hearing, Sheet 8 of 11.
Landscape Plan, 04.20.04, Cotleur-Hearing, Sheet 9 of 11.
Landscape Plan, 04.20.04, Cotleur-Hearing, Sheet 10 of 11.
Landscape Details, 04.20.04, Cotleur-Hearing, Sheet 11 of 11.
12
Date Prepared: July 15,2004
Resolution 92,2004
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4 Sheets.
5.
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12. Pedestrian Circulation Plan, 04.20.04, Cotleur-Hearing, Sheet 1 of 1.
13. Retail Elevations & Floor Plans, 12.20.02 (Stamped 03.15.04), Marc Wiener, 5
14. Retail Building IC’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 C.
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Retail Building ID’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 D.
Retail Building ‘E’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 E.
Retail Kiosk ‘A & ‘L‘, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01
AIL.
Retail Building IF’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 F.
Retail Building ‘HI, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 H.
Retail Building ‘J’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 J.
Retail Building ‘K’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 K.
Retail Building ‘MI, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 M.
Retail Building IN’, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 N.
Retail Building ‘OB, 12.20.02 (Stamped 03.15.04), Marc Wiener, Sheet A3.01 0.
Cabana /Garages / Pavillion, 12.20.02 (Stamped 03.1 5.04), Marc Wiener, Sheet
A3.01 CGP.
Parking Structure, 12.20.02 (Stamped 03.15.04), Marc Wiener, 1 Sheet (MW PS-
1 ).
Residential Building ‘RI’ Floor Plans & Elevations, 12.20.02 (Stamped 03.1 5.04),
Marc Wiener, Sheet A2.01 R1 through A2.03 R1 & A3.01 I.
Residential Building ‘R2’ Floor Plans & Elevations, 12.20.02 (Stamped 03.1 5.04),
Marc Wiener, Sheet A2.01 R2 through A2.03 R2 & A3.01 R2.
Residential Building ‘R3’ Floor Plans & Elevations, 12.20.02 (Stamped 03.15.04),
Marc Wiener, Sheet A2.01 R3 through A2.03 R3 & A3.01 R3.
Photometric Plans, 03.1 2.04, Brannon & Gillespie, EP-1 through EP-7.
SECTION 6. This Resolution shall become effective immediately upon adoption.
13
Date Prepared: July 15,2004
Resolution 92,2004
1 PASSED AND ADOPTED this snt day of AWJ-T ,2004.
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I 10 ATTEST: I 12 -
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Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
mristine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR JABLIN J ---
VICE MAYOR RUSSO -- J
J COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY J--
\\pbgsfile\Attomeybtey-share\RESOLUTIONS\borland center - res0 92 2004 - REVISED.doc
14
OFF-SITE PRESERVE AREA
MANAGEMENT PLAN
BORLAND CENTER
Section 19, Township 42 South, Range 43 East
Palm Beach Gardens, Florida
JULY 6,2004
Prepared for:
RAM DEVELOPMENT AND PALM BEACH
COMMUNITY CHURCH
Prepared by:
Cotleur & Hearing Inc.
1934 Commerce Lane, Suite 1
Jupiter, FL 33458
(561) 747-6336
Cotleur Hearing
1934 Commerce Lane, Nte 1
Jupner, FW 33458
561 747 6336 Fax 747 1377
Table of Contents
1.0 Introduction ............................................................................................................. 1
2.0 Site Description ....................................................................................................... 1
3.0 Protection of Preserve Area .................................................................................... 2
3.1 Delineation and Surveying Specifications .............................................................. 2
3.2 Vegetation Management Plan ................................................................................ 2
3.3 Prohibited Activities in Preserve Areas ................................................................... 2
3.4 Activities Allowed in the Preserve .......................................................................... 2
3.5 Quality Assurance .................................................................................................. 3
4.0 Restoration and Maintenance ..................................................................... 3
4.1 Exotic Species ....................................................................................................... 3
4.2 Re-vegetation with Compatible Native Vegetation .................................................. 3
4.3 Potential Species for Re-vegetation ....................................................................... 3
4.4 Maintenance .......................................................................................................... 4
4.5 Native Preservation Alteration ................................................................................ 5
4.6 Monitoring Program ............................................................................................... 5
5.0 Responsibility and Enforcement ............................................................................... 7
5.1 Enforcement .......................................................................................................... 7
5.2 Responsibilities ...................................................................................................... 7
Exhibits
Location Map
Aerial Map . Exhibit 1
Preserve Map . Exhibit 2
Soils Map
THE BORLAND CENTER
PRESERVE MANAGEMENT PLAN
The following plan has been provided by the OwnerlDeveloper of The Borland Center on behalf
of itself and the Borland Center Owners Association formed or to be formed.
The Borland Center Preserve Area Management Plan shall be used to govern all activities or
concerns relating to the 4.63 acre preserve noted on the Final Site Plan for The Borland Center,
City of Palm Beach Gardens, Florida. The plan conforms to the City of Palm Beach Gardens
code requirements regarding the preservationlprotection and incorporation of native plant
ecosystems. The Preserve Area and its management shall be the responsibility of the Borland
Center Owners Association and its successors and assigns, and in the event of its failure to so
timely manage then by the then Owner(s) of the Borland Center Site (“Borland Center Site”), as
more particularly described in Exhibit “3” attached hereto, and their successors and assigns.
The underlying fee owner will not be responsible for any costs or expenses of this plan.
The Preserve Area contains 4.63 acres (Aerial Map attached - Exhibit 1) and consists of mixed
slash pine flatwoods and palmetto scrub, herbaceous marshes and open water ditches. The
partial canopy is composed predominately of slash pine (Pinus elliottii). The shrub layer
consists of saw palmetto (Serenoa repens), gallberry (//ex glabra), staggerbush (Lyonia
fruticose) and wax myrtle (Myrica cerifera). The understory or ground cover contains wire grass
(Aristide stricta), as well as numerous weed and grass species. See the Vegetation Inventory
for plant listing. Exotics growing within the proposed Preserve Area will be eradicated.
The soils in the Preserve, (Soils Map attached) are identified by the South Florida Water
Management District soil survey as, Riviera fine sand and Riviera fine sand depressional;
Riviera fine sand - This is a nearly level, poorly drained soil that has a thick sandy subsurface
to 40-inches deep. This soil is in broad, low areas. Under natural conditions the water table is
within IO-inches of the surface for 2-4 months in most years and between 10-30 inches for the
remaining months. The natural vegetation is slash pine, cabbage palms, cypress trees, saw
palmetto, and numerous grasses.
Riviera fine sand, depressional - This soil is a nearly level, poorly drained soil with a loamy
subsurface. This soil is found in shallow, well-defined depressions. This soil is covered with up
to 2-feet of water for more than 6 months of each year. The natural vegetation is cypress,
pickerelweed, St. Johns-wort, duck potato and water tolerant plants.
The applicant proposes to remove the exotic vegetation present in the preserve area (Exhibit 2)
and as necessary plant appropriate and native upland vegetation to provide cover and food
sources for wildlife.
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July 6, 2004
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Cotleur Hearing
1934 Commerce Lane, Wte 1
Jwer, FloMa 33458
561 747 6336 Fcm 747 1377 1
3.1 Delineation and Surveying Specifications
The Preserve Area shall be staked and field surveyed within one year, based on the approved
Final Development Plan preservation delineation so as to maintain compliance with required
area calculations and preservation limits. No desirablehative plant material will be removed
from preservation areas to facilitate surveying.
3.2 Vegetation Management Plan
To protect and preserve the existing native plant communities within the Upland Preserve,
development shall be in strict accordance with the City of Palm Beach Gardens regulations
governing upland preserve areas.
When feasible vegetative debris will be hauled off-site and disposed of in an approved manner.
The stumps of exotic trees will be cut to 6” above natural grade and painted with an approved
herbicide.
A management, maintenance and monitoring plan has been prepared to ensure the stability and
integrity of the Upland Preserve. The Plan is described in Section 5.3.
3.3 Prohibited Activities in Preserve Area
No construction or alteration shall be permitted within the Upland Preserve Area as reflected on
the Site Plan and the Preserve Area Management Plan, except as necessary in connection with
the proposed Preserve Area restoration/enhancement as outlined below.
Prohibited activities within the Upland Preserve Area include:
1.
2.
3.
4.
5.
6.
3.5
Construction or storage of building materials, soil, debris, trash or hazardous materials.
Mowing or the placement of sod.
Removal of native trees, shrubs or other valuable vegetation.
Excavation, soil removal or other activities that create erosion.
Parking or operation of vehicles.
Any activity that would be detrimental to drainage, erosion control, habitat or wildlife
preservation or conservation.
Activities To Be Allowed in the Preserve
The owner of the Preserve retains the right to construct a nature trail including boardwalk and
observation structure(s) on the easement property and fencing if needed to protect the preserve
from inappropriate encroachments.
Project #98-1205 Cotleur Hearing July 6. 2004
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7.06.04 final1 .doc
1934 Commerce Lane, We 1
Judfer, FMcJa 33458
561 747 6336 Fa747 1377 2
3.6 Quality Assurance
The project’s Landscape Architect shall periodically review all work conducted. All efforts will be
made to retain any existing vegetation outside the preservation area and development areas.
4.1 Exotic Species
Activities that are allowed in the Preserve Area shall include removal and eradication of exotic
and nuisance species, trash and debris. To minimize potential disturbance to surrounding
vegetation, eradication of exotic and nuisance species shall be accomplished by herbicide
treatment with the herbicides such as Arsenal, Garlon 3A, Tordon and/or Roundup, or other
approved herbicide and only by licensed herbicide applicators, depending on the species.
All activities within Preserve Area shall take proper care to avoid damage or disturbance of
existing habitat.
4.2 Re-vegetation with Compatible Native Vegetation
Within the upland preservation area, re-vegetation is anticipated to be necessary because of
exotic removal. If re-vegetation should be considered necessary, plantings shall consist of
native plant species compatible with the existing native plant community of that location to
ensure continuity of indigenous plant associations. Re-vegetation may be achieved through the
use of nursery stock plant materials or on-site transplants using the built area as a donor site. If
transplants are used, adequate water for temporary irrigation must be in place prior to transplant
operation commencement. Irrigation shall continue until transplants are established in their new
locations.
4.3 Potential Species for Re-vegetation
Common Name Botanical Name
W i regrass Aristida stricta
Beauty berry Callicarpa americana
Cocoplum Chrysobalanus icaco
Firebush Hamelia patens
Dahoon holly Ilex cassine
Gallberry Ilex glabra
Wax myrtle Myrica cerifera
Slash pine Pinus elliottii
Scrub oak Quercus geminata
Live oak Quercus virginiana
Cabbage palm Sabal palmetto
Saw palmetto Serenoa repens
Project #98-1205
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F,\Project Docurnents\PALM BEACH COMMUNITY CHURCH\Borland Ctr PAMP
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Cotleur Hearing
1934 Cmfnefce Lane, We 1
561 747 6336 Fax 747 1377 3
Herbaceous material shall be installed using liner or 2” nursery stock with 36” on-center
spacing. Woody material shall be 4’ to 10’ with on-center spacing to mimic natural association
(i.e. informal massing, curvilinear planting arrangement, staggered heights, mixed species, etc.)
4.4 Maintenance
A biannual maintenance program shall be implemented to control invasive prohibited exotic
plant species and maintain upland preserves as a functioning habitat. A list of prohibited exotics
and non-natives to be eradicated during maintenance procedures is provided in Table 2 below.
Maintenance programs shall be conducted in an environmentally sensitive manner by hand or
chemically. Chemicals used must be EPA registered products approved for use in the State of
Florida that have been shown to present a wide margin of safety for fish, waterfowl and human
life and applied only by licensed applicators. Trash and debris shall be removed during each
maintenance event.
Prohibited and Invasive Non-Native Plant Species List
Prohibited plant species, as defined below, shall be completely removed or eradicated from the
entire site concurrent with permitted vegetation removal and site development. Periodic follow-
up removaVeradication is required. The following list constitutes a partial list of prohibited plant
species. All exotic species identified as Category I species by the Florida Exotic Pest Plant
Council shall be removed from the preserve.
Table 2 - Prohibited and Invasive Non-Native Plant Species
Common Name Botanical Name
Earleaf acacia Acacia auriculiformis
Woman’s tongue Albizia lebbeck
Shoebutton ardisia Ardisia Solanaceae
B is hop-wood Bischo fia ja vanica
Australian pine Casuarina spp.
Leather leaf Colubrina asiatica
Carrotwood Cupaniopsis anacardioides
Air potato Dioscorea bulbifera
Lofty fig Ficus altissima
Banyan Ficus bengalensis
Mahoe Hibiscus tiliaceus
Jasmine Jasminum dichotomum
Small-leaved climbing fern Lygodium microphyllum
Melaleuca, punk tree or paper tree
Cat’s claw Mimosa pigra
Kudzu Pueraria montana (P. Lobata)
Downy rose myrtle Rhodomyrtus tomentosus
Chinese tallow tree Sapium sebiferum
Scheff lera Schefflera actinophylla
Brazilian pepper Schinus terebinthifolius
Java plum Syzgium cumin;
Cork tree Thespesia populnea
Melaleuca quinquenewia
(Brassaia actinophylla)
Project #98-1205 Cotleur Hearing July 6, 2004
F:\Project Documents\PALM BEACH COMMUNITY CHURCH\Borland Ctr PAMP Jupner, Florldo 33458 7.06.04 finall.dcc
1934 Commerce Lone. Ute 1
A 561 747 6336 Fa 747 1377
4.5 Native Preservation Alteration
The only alteration or activities allowed in the Preserve Area will be the following:
1. The removal of exotic plant material and refuse.
2. Planting of compatible vegetation.
3. The construction of a nature trail with boardwalk and observation structures to the
Preserve Area.
4. Activities that are prohibited in the Preserve Area shall include, but are not limited to; the
construction or placing of building materials on or above the ground, dumping or placing
soil or other substances such as garbage, trash and cuttings, removal or destruction of
native trees, shrubs or other vegetation, excavation, dredging or removal of soil material,
no utilities nor diking or fencing, recreational vehicle use and any other activities
detrimental to drainage, flood control, water conservation, erosion control, or fish and
wildlife habitat conservation or preservation. (except as provided in paragraph 3.5 of this
document)
4.6 Monitoring Program
The Borland Center Preserve Area shall be monitored annually in accordance with the
requirements of the jurisdictional agencies. The monitoring program shall utilize the following
survey methodology and a plan showing the layout of the monitoring program is provided.
(Exhibit 2)
Time Zero Vegetative Survey
A transect shall be established through the upland areas to cross the full range of
existing vegetative communities, topographic gradients, and other environmental
variants. To monitor vegetative re-colonization, stations shall be established at
the interface of vegetative communities within the areas of proposed planting. At
each station a one-meter square plot shall be established and the corners
marked with PVC pipe. These stations shall remain consistent over the
monitoring period.
During each monitoring session, information shall be collected concerning
species composition, percent coverage, and relative health of vegetation. Data
sheets have been developed that record present data in sequential format, the
data collected during each monitoring session. A sample data sheet is included
in the appendix of this report.
Vegetation strata to be monitored are:
Canopy Species -
At each quadrant, with the station being the center, a I-meter
radius shall be established and tree species existing within the plot
tagged and numbered. Species, basal area measured at 4’ above
ground surface, and height of each tree shall be recorded.
Project #98-1205
July 6. 2004
F.\Project Documents\PALM BEACH COMMUNITY CHURCH\Borland Ctr PAMP
7.06.04 final1 .doc
Cotleur Hearing
1934 Commerce Lone, Ute 1
561 747 6336 Fa 747 1377
Jupnef, FW 33458
5
Shrub Layer -
At each quadrant, with the station being the center, a l-meter
radius shall be established and shrub species existing within the
pot and height recorded.
Ground Layer -
At each station a l-meter radius monitoring plot shall be
established and corners marked with PVC pipe. During each
monitoring session, information shall be collected concerning
species composition, percent coverage, and height of vegetation
present within each quadrant.
Photographic Documentation
Fixed points shall be established that will provide a consistent location for annual
repetition of photographs that provide a panoramic view and record of conditions
and changes within the Upland Preserve area.
Mitigation Maintenance
Upon completion of initial clean-up and plant installation, routine maintenance
activities shall be initiated at a maximum of 90-day intervals throughout the five-
year monitoring period. During these routine maintenance inspections, all trees,
shrubs, and other plants shall be maintained by pruning, cultivating and fertilizing
as required for healthy growth. Work efforts shall control and eradicate re-growth
or seed germination of exotic and noxious species.
Maintenance activities shall utilize a combination of herbicide treatment and
manual removal to control exotic and undesirable species. To prevent damage
created by removal haul routes, debris shall remain in place to decay naturally.
Removal from the site or using prescribed burns may be a feasible alternative to
decomposition in place.
Following the five-year maintenance and monitoring period, long term
maintenance of the Upland Preserve Area shall be incorporated into The Borland
Center property maintenance program. At a minimum, the maintenance shall be
conducted on an annual basis.
Evaluation
Monitoring of the preserve shall be conducted on a semi-annual basis for a
period of five years. Reports shall be prepared that will document the success of
the preserve management area plan. These reports will contain the physical data
and will describe any changes in vegetation species composition or dominance,
survival of planted species, wildlife utilization, or other relevant conditions
observed.
These reports shall outline any revisions or recommendations believed
appropriate to improve the success of this project.
0 A minimum of eighty (80) percent survival of each planted species. This
rate shall be maintained except where species composition, density of
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Jupner, Fkxida 33458 7.06.04 finall.doc
Cotleur Hearing
1934 Commerce Lone, We 1
561 747 6336 Fox 747 1377 6
planted and recruitment species and overall Preserve condition, growth
rates and viability of the area are higher.
0 Less than 5 percent coverage by invasive exotic and undesirable species.
0 At least eighty (80) percent coverage by desirable species.
5.1 Enforcement
The Preserve Area Management Plan will not be changed without the approval of City of Palm
Beach Gardens and the City shall have the right to enforce the provisions of the Upland
Preserve Area Management Plan through any available administrative or civil proceeding which
may result in penalties, and other remedies as against any person, corporation or other entity in
violation of any of the provisions of the Preserve Area Management Plan.
5.2 Responsibilities
The Affidavit of Responsibility identifies the responsible party for maintenance and protection of
the preserve.
The Owner/Developer of The Borland Center property recognizes the natural, aesthetic and
habitat value of the native upland habitat on site. The Developer has agreed to eradicate and
manage the encroachment of exotic vegetation and manage the Upland Preserve Area in
accordance with guidelines set forth by the City of Palm Beach Gardens. These management
practices are intended to improve the potential utilization of these areas by various types of
wildlife.
Preserve Management shall be the responsibility of the Borland Center Owners Association and
in the event such association does not timely fulfill its responsibilities then by the then Owner(s)
of the Borland Center Site, and their successors and assigns. This Preserve Area is being
preserved as part of the offsite mediation requirement for the Borland Center Site, which
Borland Center Site is more particularly described in Exhibit “3” attached hereto and
incorporated herein by reference. Preserve Area shall be maintained two (2) times per year as
required by Section 4.4 of this Preserve Area Management Plan.
Initial implementation and future management of all upland Preserve Area within the property
will be the responsibility of the Borland Center Owners Association or Assigns or its successors
and/or assigns.
Projed #98-1205 Cotleur Hearing July 6, 2004
F:\hoject Documents\PALM BEACH COMMUNIW CHURCH\Borland Ctr PAMP
7.06.04 finall .doc
1934 Commerce Lane, Wte 1
Jupner, Florldc 33458
7 561 747 6336 Fax 747 1377
153rd Cf N
15lstLnN -,
E
The Borland Center
Lowtion Map
Colleur & Hearing
1934 Conlilierce Lane
Suite I
hlpifer n 33458
Pholle 561 74745336 1 inch equals 1 mile
Legend
Proposed Conservation Easement - 4.63 Acres
The gor/and Center
Aerial Map
Cotleur & Hearing
I934 Coiiuiierce Lane
Suite I
.hipiter. FT 33458
Rione 561.747-6338
Fax: 56 1.747- I377
1 inch equals 200 feet fihi6it I
F W.C..WCSSCC.M~.C~BC~ W UE OMLUY
I.
.-. %- Y.
Legend
i-.! Proposed Conservation Easement - 4.63 Acres .)-..
Proposed Upland Preserve - 3.52 Acres
Wetland Preserve - 0.64 Acres
The Borland Center
Preserve Map I934 Conunerce Lane
.., . . . *, &:.: ',..> . ; , .
(.' , . . ,
Legend
i-.! PROPOSED CONSERVATION EASEMENT - 4.63 Acres --..
PALM BEACH COUNTY SOILS
SOILS NAME
RlVlERA FINE SAND
RlVlERA FINE SAND, DEPRESSIONAL
I
Colleur &
S Hearing
1834 Cuiiuiierce Lain?
Sulle I
.hipiter. R. 33458
Phone: 561.747.6336
1 inch equals 200 feet
Map Document: (F\ArcMap_Pmj~\pBCCU)80304\Soils_0603.mxd)
BllAbIKY - D.7R.M AM
The Borland Center
Soils Map
Date Prepared: December 29,2004
Revised February 18,2005
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RESOLUTION IO, 2005
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
BEELINE HIGHWAY, OPPOSITE THE NORTH COUNTY REGIONAL
AIRPORT, AS MORE PARTICULARLY DESCRIBED HEREIN, AS AN
LIMITED LIABILITY COMPANY, FOR A 4.6-ACRE SITE OFF THE
OFF-SITE UPLAND PRESERVE SET ASIDE TO MITIGATE 3.39
ACRES OF ON-SITE PRESERVE FOR THE BORLAND CENTER
CENTER PLAT WHICH INCLUDES A 0.94 ACRE ON-SITE
PLANNED UNIT DEVELOPMENT; APPROVING THE BORLAND
PRESERVE; ACCEPTING A DEED FOR SHADY LAKES DRIVE
CONSISTENT WITH THE BORLAND CENTER PLAT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, on August 5,2004, the City Council adopted Ordinance 13,2004 and
Resolution 92, 2004, which approved the rezoning of the subject site from Planned
Development Area (PDA) to a Mixed-Use Planned Unit Development (MXD PUD) and
master development approval to allow the development of 64,533 square feet (500-seat
small theater / church facility with accessory uses and a 300-seat banquet hall) for a
cultural center and church facilities, 64,025 square feet for retail / commercial use, 19,950
square feet for restaurant use, 10,900 square feet for professional office use, and 225
multi-family units, a Conditional Use (CU) for a 500-seat small theater and church and a
300-seat banquet facility, on an approximately 47-acre site located along the north side of
PGA Boulevard between Gardens Square Boulevard and Shady Lakes Drive; and
WHEREAS, Condition 40 of Resolution 92, 2004 provides: “The petitioner shall
preserve all required upland preserve set aside, no less than 4.33 acres, on the east side
of Shady Lakes Drive, free of all encumbrances, including, but not limited to, road rights-of-
way, drainage easements, and/or utility easements. Provided, however, that the petitioner
may provide no more than 3.39 acres of the required upland mitigation off site, subject to
approval by the City Council of a separate instrument and subject to conditions, including,
but not limited to, the following: the location, ratio, and management. If off-site mitigation is
provided, the petitioner shall be required to preserve/restore the 0.94-acre area east of
Shady Lakes Drive, as depicted on the Master Site Plan dated April 20, 2004.”; and
WHEREAS, Cotleur and Hearing, agent for The Borland Center and RAM
Development, has requested approval from the City of Palm Beach Gardens for an
alternative form of mitigation in lieu of on-site preservation for the Borland Center Planned
Unit Development, as permitted by Section 78-252 of the City’s Land Development
Regulations, entitled “Alternative Forms of Mitigation”; and
Date Prepared: December 29,2004
Resolution 10, 2005
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WHEREAS, the Growth Management Department has reviewed said application
and has determined that the mitigation request for off-site preservation is a benefit to the
City that equals or exceeds the expected benefit that would have been derived from the
complete on-site preservation within the Borland Center Planned Unit Development (PUD);
and
WHEREAS, the City Engineer has reviewed the Borland Center 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, Condition 7 of Resolution 92, 2004 provides: “Prior to issuance of the
first Certificate of Occupancy, the applicant shall dedicate the posted and viewed Shady
Lakes Drive right-of-way to the City of Palm Beach Gardens.”; and
WHEREAS, the Borland Center plat dedicates the posted and viewed Shady Lakes
Drive right-of-way to the City of Palm Beach Gardens; and
WHEREAS, at the request of the City, the applicant has additionally agreed to
provide a Special Warranty Deed to the City conveying the posted and viewed Shady
Lakes Drive right-of-way; and
WHEREAS, such deed has been received and is attached hereto as Exhibit “C”; 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
accepts the Conservation Easement from Palm Beach Acquisitions LLC, a Florida Limited
Liability Company, a copy of which is attached hereto as Exhibit “A,” for a 4.63-acre site off
the Beeline Highway, opposite the North County Regional Airport, as an off-site upland
preserve set aside for the Borland Center Planned Unit Development (hereinafter called
the Borland Center Mitigation Parcel), as more particularly described below:
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Date Prepared: December 29,2004
Resolution IO, 2005
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LEGAL DESCRIPTION:
A PARCEL OF LAND LOCATED IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 41
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF
PGA BOULEVARD AND THE NORTHEAST RIGHT-OF-WAY LINE OF THE BEELINE
HIGHWAY; THENCE NORTH 53'39'33" WEST ALONG SAID NORTHEAST RIGHT-OF-
WAY LINE OF THE BEELINE HIGHWAY, A DISTANCE OF 6,339.77 FEET; THENCE
NORTH 36'22'07" EAST 585.1 8 FEET TO THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL OF LAND.
THENCE NORTH 36'22'07" EAST 414.82 FEET; THENCE SOUTH 53'39'33" EAST A
DISTANCE OF 268.21 FEET; THENCE SOUTH 36'22'07'' WEST 138.55 FEET; THENCE
SOUTH 53'39'33" EAST 21 2.21 FEET; THENCE SOUTH 36'22'07" WEST 214.08 FEET;
THENCE SOUTH 53'39'33" EAST 100.81 FEET; THENCE SOUTH 36'22'07" WEST
153.81 FEET; THENCE NORTH 53'39'33" WEST 276.51 FEET; THENCE NORTH
36'22'07" EAST 91.05 FEET; THENCE NORTH 53'39'33" WEST 304.03 FEET TO THE
POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. BEING A PORTION OF
PARCEL 18.A18 AS SHOWN ON A SURVEY PREPARED BY LINDBERG LAND
SURVEYING, INC. PREPARED FOR THE JOHN D. AND CATHERINE T. MACARTHUR
FOUNDATION ON 12/22/1998.
CONTAINING 4.63 ACRES, MORE OR LESS, AND SUBJECT TO SURVEY.
SECTION 3. This approval shall be in compliance with the following plans on file
with the City's Growth Management Department:
1. Preserve Area Management Plan, 07.06.04, Cotleur-Hearing, 13 pages.
SECTION 4. The Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the Borland Center plat consisting of eight (8) sheets, prepared by
Dailey-Fotorny, Inc., attached hereto as Exhibit "B."
SECTION 5. The City Council of the City of Palm Beach Gardens, Florida hereby
accepts the Special Warranty Deed from Palm Beach Community Church, Inc., a copy of
which is attached hereto as Exhibit "C," for the 2.969-acre site known as the Shady Lakes
Drive right-of-way, as more particularly described below:
A STRIP OF LAND 50.00 FEET IN WIDTH IN SECTION 1, TOWNSHIP 42 SOUTH,
RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLORIDA, BEING SPECIFICALLY DESCRIBED AS FOLLOWS:
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Date Prepared: December 29,2004
Resolution 10, 2005
THE NORTH 2,586.49 FEET OF THE SOUTH 2,646.49 FEET OF THE WEST 50.00
RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY,
FLO RI DA .
FEET OF THE SOUTHWEST ONE-QUARTER OF SECTION 1, TOWNSHIP 42 SOUTH,
CONTAINING 129,325 SQUARE FEET OR 2,969 ACRES, MORE OR LESS, SUBJECT
RECORD.
TO EASEMENTS RESTRICTIONS, RESERVATIONS, AND RIGHTS-OF-WAY OF
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: December 29, 2004
Resolution 10, 2005
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PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
COUNCILMEMBERVALECHE
-- AYE NAY ABSENT
\\Pbgsfile\Attorney\attorney_share\RESOLUTIONS\accepting conservation easement - reso IO 2005.doc
5
Date Prepared: December 29,2004
Resolution 10,2005
EXHIBIT LLA”
CONSERVATION EASEMENT
(Borland Center)
day of EiSUb&h\ 2005, by and -! L\ THIS INDENTURE made this e
between PALM BEACH ACQUISITIONS LLC, a Florida Limited Liabdity Company,
whose mailing address is c/o John C. Bills Enterprises, 3950 RCA Boulevard, Suite
5000, Palm Beach Gardens, Florida 33410, the Grantor, in consideration of the sum of
TEN DOLLARS ($1 0.00) and other valuable consideration received, hereby creates and
conveys to THE CITY OF PALM BEACH GARDENS, a municipal corporation existing
under the laws of the State of Florida, whose mailing address is 10500 N. Military Trail,
Palm Beach Gardens, Florida 33410, the Grantee, its successors and assigns, a
perpetual conservation easement as defined and in accordance with the provisions of
Section 704.06, Florida Statutes, incorporated herein by reference, in and over the real
property, as legally described in attached Exhibit "A', incorporated herein by reference
(the "Premises"). This conservation easement is for the purpose of retaining the land
and water areas of the Premises in the same condition as exists on the date of this
instrument so as to preserve their natural, vegetative, hydrologic, scenic, open,
agricultural or wooded condition and to retain such areas as suitable habitat for fish,
plants or wildlife.
1.
conveyed to Grantee:
To further carry out this purpose, the following interests and rights are
a. To enter upon the Premises at reasonable times with any
necessary equipment or vehicles to enforce the rights herein granted.
b. To enjoin any activity on or use of the Premises that is inconsistent
with this conservation easement and to enforce the restoration of such areas or features
of the Premises that may be damaged by any inconsistent activity or use.
2. Except with respect to the rights reserved by Grantor in Section 3, below,
the following activities are prohibited in or on the Premises:
a. Construction or placing buildings, signs, billboards or other advertising,
utilities, or other structures on or above the ground. Not withstanding the foregoing the
Grantee or its agents may enter upon the Premises at reasonable times to accomplish
tasks in accordance with the management plan referenced in Section 4 of this document,
which allows a nature trail including boardwalk and observation structure(s).
b. Dumping or placing of soil or other substance or material as landfill,
or dumping or placing of trash, waste, or unsightly or offensive materials.
C.
gravel, soil, rock, or other substance or material.
Excavation, dredging, or removal of oil, gas, minerals, loam, peat,
1
d. Removal or destruction of trees, shrubs, or other natural vegetation,
except for the removal of exotic vegetation, in accordance with a
management plan approved by the Grantee.
e.
remain in its natural condition.
Surface use except for purposes that permit the land or waterto
f. Activities detrimental to flood control, water management,
conservation, environmental restoration, water storage, erosion control,
soil conservation, reclamation, fish and wildlife habitat preservation, and
allied purposes, including, but not limited to, ditching, diking and fencing
except as allowed by the Preserve Area Management Plan referenced in
Section 4 of this document.
3. With respect to the Premises, Grantor reserves the following rights:
a. Grantor’s right at any time and for any length of time to overflow, flood,
inundate, flow water on, through, across, and under the Premises and
submerge the Premises and manage water on and under the Premises in
connection with the operation, maintenance, repair, replacement and
rehabilitation of:
1. any project implementing the Comprehensive Everglades
Restoration Plan, or
2. any water resource project authorized by Congress, or
3. any project for flood control, water management, conservation,
environmental restoration, water storage, water quality or
reclamation, and allied purposes (i) that may be conducted now or
in the future by the South Florida Water Management District
and/or the United States Army Corps of Engineers, and/or (ii) to
carry out the purposes and intent of the statutory authority of the
South Florida Water Management District and/or the United States
Army Corps of Engineers, presently existing or that may be enacted
in the future.
b. Grantor’s right to clear and remove any brush, debris and natural
obstructions which in the opinion of the representative of the Grantor may be
detrimental to the use of the Premises, and
c. The Grantor’s right to conduct controlled burns on the Premises.
2
4. Except as provided in Section 3, above, land management activities on
the Premises shall be governed by the Borland Center Preserve Management Plan
(“Management Plan”), attached hereto as Exhibit D, and incorporated herein by
reference, as amended from time to time. The Management Plan shall not be modified
or amended without the prior written approval of the Grantee, its successors and
assigns. The Grantor is not required to carry out any of the actions or be responsible for
any of the costs contemplated by the above referenced Management Plan. The Borland
Center Property Owners Association, Inc., (“Owners Association”), shall be the party
responsible for carrying out all of the actions and responsible for any of the costs
contemplated by the above referenced Management Plan, and shall pay all real estate
taxes and insurance on the property which is subject to the easements granted herein.
Furthermore, the Owners Association shall indemnify, defend, and save and hold
harmless Grantor, its Board members or directors, employees, agents, contractors,
subcontractors, licensees, and invitees from and against any and all claims for
damages, loss, expense, liability, injury, or costs, including but not limited to reasonable
attorneys fees and costs (including both costs recoverable under the Statewide Uniform
Guidelines for Taxation of Costs in Civil Actions, other provisions of the Florida Statutes
and Florida Administrative Code, as well as any and all costs associated with litigation
that are not taxable costs under the cited authorities), caused by or arising directly,
indirectly or proximately from the Owners Association’s acts or omissions, together with
the acts or omissions of its agents, employees, officers, contractors, subcontractors,
licensees, and invitees in violation of any term of this Conservation Easement. In the
event Grantor brings suit, including appeals, to enforce any of the provisions of this
Section 4, Grantor shall be entitled to recover from the Owners Association all
reasonable attorneys fees and costs (including both costs recoverable under the
Statewide Uniform Guidelines for Taxation of Costs in Civil Actions, other provisions of
the Florida Statutes and Florida Administrative Code, as well as any and all costs
associated with litigation that are not taxable costs under the cited authorities) incurred
by Grantor provided Grantor is the prevailing party in such suit. In the event said
Owners Association does not timely fulfill such responsibilities, then the owners of the
property described on Exhibit B attached hereto and incorporated herein by reference
and their successors and assigns shall be so responsible, provided, however, that if
Grantor is not the prevailing party, then Grantor shall pay the reasonable attorneys fees
and costs (including both costs recoverable under the Statewide Uniform Guidelines for
Taxation of Costs in Civil Actions, other provisions of the Florida Statutes and Florida
Administrative Code, as well as any and all costs associated with litigation that are not
taxable costs under the cited authorities) incurred by the Owners Association, and/or, if
applicable, by the then owners of the property described on Exhibit B attached hereto
and incorporated herein by reference. In no event shall Grantor be responsible for any of
said costs. The Owners Association shall join in this document to confirm the obligations
imposed under this Conservation Agreement.
5. Grantor hereby reserves for itself, its successors and assigns, and
3
, .
Grantee, for itself, its successors and assigns, hereby grants to Grantor, its successors
and assigns, the right to grant over the Premises perpetual non-exclusive rights of
ingress and egress to any other property that is:
(a) encumbered with a conservation easement; or
(b) encumbered or transferred for other purposes similar to those for
which this conservation easement is being granted.
No right of access to the general public to any portion of the Premises is conveyed by
this conservation easement.
6. Further, Grantor herewith grants unto Grantee, its successors and
assigns, a perpetual non-exclusive easement for ingress and egress over the property
described on attached Exhibit C for uses in connection with exercising the rights granted
under this Conservation Easement, which non-exclusive easement shall be relocatable
to the extent the same encumbers property not encumbered by the Conservation
Easement, at the option of the Grantor.
7. Neither Grantee nor Grantor shall be liable for any costs or liabilities related
to the management, use, operation, upkeep or maintenance of the Premises, including
the disposal of solid wastes or pollutants.
a. Enforcement of the terms and restrictions of this conservation easement
shall be at the reasonable discretion of Grantee, and any forbearance on behalf of
Grantee to exercise its rights hereunder in the event of any breach hereof by Grantor,
shall not be deemed or construed to be a waiver of Grantee's rights hereunder.
9. If any provision of this conservation easement or the application thereof to
any person or circumstances is found to be invalid, the remainder of the provisions shall
not be affected thereby, as long as the purpose of the conservation easement is
preserved.
IO. All notices, consents, approvals or other communications hereunder shall
be in writing and shall be deemed properly delivered only 1) on the date delivered, if by
personal delivery, or 2) if mailed by certified mailheturn receipt request, then the date the
return receipt is signed or delivery is refused or the mail is designated by the postal
authorities as not deliverable, as the case may be, or 3) one day after mailing by any
form of overnight mail service.
Any notice, demand, communication, or request required or permitted hereunder shall
be in writing and delivered in person or sent by certified mail, postage prepaid as
follows:
4
As To CITY
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Attention: Christine P. Tatum, Esq.
As To Palm Beach Acquisitions, LLC
c/o John C. Bills Enterprises
3950 RCA Boulevard
Suite 5000
Palm Beach Gardens, Florida 33410
As To The Borland Center Property Owners Association,
Inc.
c/o Dr. Ray Underwood
3970 RCA Boulevard, Suite 7009
Palm Beach Gardens, FL 33410
Telecopier: (561) 626-5998
11. This conservation easement is subject to existing easements for public
roads and highways, public utilities, railroads and pipelines, provided further that any use
of the Premises shall be subject to Federal and State laws with respect to pollution.
12. This conservation easement may only be modified, amended, or released
by recordable written agreement between the parties to be filed in the official public
records of Palm Beach County.
13. The terms and conditions of this conservation easement shall be inserted
by Grantor in any subsequent deed or other legal instrument by which Grantor divests
itself of any interest in the Premises. Grantor shall, no less than five days prior to any
transfer of any interest in the Premises, provide notice to the Grantee of such proposed
transfer. Grantor shall notify any future holder of Grantor's interest in the Premises of this
conservation easement.
14. All the terms and restrictions herein contained run with the land and shall
inure to the benefit of and be binding upon the parties hereto and their respective
executors, administrators, personal representatives, heirs, successors, and assigns.
TO HAVE AND TO HOLD the same together with all and singular the appurtenances
thereunto belonging or in anywise incident or appertaining to the proper use, benefit and
behoof of the Grantee, its successors or assigns, forever.
5
AND the Grantor hereby covenants with the said Grantee that it is lawfully seized of the
Premises in fee simple; that it has good right and lawful authority to convey this
Conservation Easement; that it fully warrants and defends the title to the Conservation
Easement hereby conveyed against the lawful claims of all persons whomsoever,
claiming by through or under the Grantor.
IN WITNESS WHEREOF, Grantor has hereunto set its authorized hand as of the
date first above written.
Signed, sealed and delivered
in our presence as witnesses:
G RANT0 R:
PALM BEACH ACQUISITIONS LLC.
A Flor
BY: -/
Liability Company
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this Eday of \- c' \3 ,
2005, by Wayne H. Babb and John C. Bills, as Managing Members of Palm Beach
Acquisitions LLC, a Florida Limited Liability Company. gelshe are' personally known to
me or have produced - as idhttification.
6
For and in consideration of $10.00 and other good and valuable consideration,
the receipt of which is hereby acknowledged the undersigned, as Grantee, hereby joins
in this Easement for itself, its successors and assigns, for the purposes of agreeing to
all of the obligations set forth in this Easement of the Borland Center Property Owners
Association, Inc. and the owners of the Borland Center (PUD), and their successors and
assigns.
THE BORLAND CENTER PROPERTY OWNERS
ASSOCIATION, INC., a Florida not for profit
Corporation /
its: Presi&nt ,, ;
Signed, sealed and delivered 'i - i' h+&bl ' L .( . . \/ It -1% I It t''- ; f
STATE OF FLOR'I~A
COUNTY OF PALM BEACH
-f i
The foregoin instrument 'as acknowledged before me this-fday of (:-\-),
2005, by 2~q (Ai,\(, 91 c: r.i , as President of the Borland Center Property
Owners Associhtion, Inc., a Florida not for profit corporation. --. ~
-._
I- /- @e/she qe personallyknown to'me or have produced as
_" id en tification .
---h41 (L, , JL- L . c.. c '. \
NOTARY PUBLIC, STATE OF FLORIDA
7
DESCRIPTION & SKETCH
PREPARED FOR:
PALM BEACH ACQUISITIONS LLC
4.62 ACRES, SECTION 2/42/41
BORLAND CENTER
FLD. INC. L~C
675 West lndiontown Road, Suite 200,
Jupiter, Florida 33458 TEL. 561-746-8454 CKD. D c L LE4431
LEGAL DESCRIPTION
'OB 98-166-303 FB. PG .
DATE 11/17/04
9 DWG. A%-166 SHEET:& OF
A PARCEL OF LAND LYING IN SECTION 2, TOWNSHIP 42 SOGTH, RANGE 41 EAST,
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMCNClPdG AT THE NORTHEAST CORNER OF SAID SECTION 2; THENCE SOUTH 00" 57'42"
WEST ALOFlC THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 516.20 FEET; THENCE
DEPARrlNG SAID EAST SECTION LINE NORTH 53"39'33" WEST, A DISTANCE OF 276.67 FEET
iil TtiE PiilidT OF GEGINNING; THENCE NORTH 53"39'35" WEST, A DISTANCE OF
265.21 FEET; THENCE SOUTH 36" 22'07" WEST, A DISTANCE OF 415.47 FEET; THENCE
SOUTH 53" 39'33" EAST, A DISTANCE OF 304.03 FEET; THENCE SOUTH 36" 27'49" WEST,
A DISTANCE OF 91.64 FEET; THENCE SOUTH 53"39'33" EAST, A DISTANCE OF
273.68 FEET; THENCE NORTH 360 27149" EAST, A DISTANCE OF 154.02 FEET; THENCE
NORTH 53" 39'33" WEST, A DISTANCE OF 97.98 FEET; THENCE NORTH 36" 27'49" EAST,
A DISTANCE OF 214.54 FEET; THENCE NORTH 53"39'33" WEST, A DISTANCE OF 212.21
FEET; THENCE NORTH 36"27'49" EAST, A DISTANCE OF 138.55 FEET TO THE POINT OF BEGINNING;
CONTAINING 4.62 ACRES, MORE OR LESS
SUP V E V 0 17's N (? T E S :
1. THIS DRAWING IS NOT A SURVEY.
3 Tt-IE DESCRIP rlON SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION
4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF
5. DATE OF LEGAL DESCRIPTION: NOVEMBER 17, 2004
2. NO SCARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
THE [LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER.
A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY LIDBERG LAND SURVEYING, INC
LIDBERG LAND SURVEYING, INC
DAVID C. LIDBERG
PROFESSIONAL SURVEYOR AND MAPPER
FLORIDA CERTIFICATE NO. 3613
ABBREVIATIONS :
PO9 = POINT OF BEGINNING
POC = POINT OF COMMENCEMENT
ORB = OFFICIAL RECORD BOOK
DESCRIPTION & SKETCH
PREPARED FOR:
PALM BEACH ACQUISITIONS LLC
FLD. -
Jupiter, Florida 33458 TEL 561-746-8454 CK0. D c L
675 West lndiantown Road, Suite 200, LE4431
4.62 ACRES, SECTION 2/42/41
BORLAND CENTER
98 166 3G3 FB. PG.
DATE 11/17/04
, OF A95 166 SHEET
NORTH LINE, SECTION 2 NORTH LINE, SECTION 1
P.O.C. !'( NORTHEAST CORNER
SECTION 2, TOWNSHIP 42
SOUTH, RANGE 41 EAST, 011-
ZfN 40
QJ, PALM BEACH COUNTY, FLORIDA
P'Z
'"".\
200 100 0 200
Exhibit “B”
BORLAND CENTER
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST;
WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PART OF THE SOUTHWEST QUARTER (SW !A) OF SAID SECTION 1, TOWNSHIP
MILITARY TRAIL; LESS AND EXCEPTING THEREFROM THE PLAT OF GARDEN LAKES
AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, AT PAGE 139; ALSO LESS
THAT PORTION LYING NORTHERLY OF THE WESTERLY ELONGATION OF THE NORTH
LlNE OF SAID PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN
PLAT BOOK 34, AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST
QUARTER (SW %) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR
IN OFFICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD OF COUNTY
ICECORDED IN OFFICIAL RECORDS BOOK 6898, PAGE 202, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST RIGHT-OF-WAY LINE OF
P.G.A. BOULEVARD RIGHT-OF-WAY; ALSO LESS THAT CERTAIN PARCEL DESCRIBED
COMMISSIONERS OF PALMBEACH COUNTY, FLORIDABY THE RIGHT-OF-WAY DEED
CONTAINING 2,052,098 SQUARE FEET OR 47.1 10 ACRES, MORE OR LESS.
DESCRIPTION & SKETCH
PREPARED FOR:
PALM BEACH ACQUISITIONS LLC
FLD.
675 West lndiontown Road, Suite 200,
Juoiter. Florida 33458 TEL. 561-746-8454 CKD. D c 1 LE4431
15' ACCESS EASEMENT, SECTIONS 1842 /42/41 I
F8. PG. 96-766-303
DATE 11/17/04
SHEET OF a. DWG. A98-166
LEGAL DESCRIPTION
A 15 FOOT ACCESS EASEMENT LYING IN SECTIONS 1 AND 2, TOWNSHIP 42 SOUTH, RANGE 41 EAST,
PALM BEACH COUNTY, FLORIDA, THE CENTERLINE BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT TliE NORTHEAST CORNER OF SAID SECTION 2, THENCE SOUTH 00" 57'42"
WESl ALONG THE EAST LINE OF SAID SECTION 2, A DISTANCE OF 516.20 FEET; THENCE
DEPARTING SAID EAST SECTION LINE NORTH 53"39'33" WEST, A DISTANCE OF 544.88 FEET;
TI-IENCE SOUTH 36"22'07" WEST, A DISTANCE OF 1000.00 FEET TO A POINT ON THE NORTHERLY
RIGHT OF WAY LINE OF A 200 RIGHT OF WAY FOR STATE ROAD NO. 710 AS RECORDED IN DEED
BOOK 29, PAGE 326, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH
53"39'33" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 7.50 FEET TO THE
POINT OF BEGINNING; THENCE DEPARTING SAID NORTHERLY RIGHT OF WAY LINE NORTH
36" 22'07" EAST, A DISTANCE OF 690.45 FEET; THENCE SOUTH 53" 39'33" EAST, A DISTANCE OF
1353.80 FEET TO THE TERMINUS OF THIS EASEMENT.
IU I REF
I
CAD.
REF.
FLD. FB. PG.
K \US1 \ 014241 \ 1668303 \ 1668303.0GN
JOB 98-166-303
LIDBERG LAND
DATE lli17iO4
DwG' kWi66 SHEET OF 675 West indimtown Rood, Suite 200. LE4431 Jupiter, Fiorido 33458 TEL. 561-746-8454 CKD. DCL
(, '; i-i. 115 (--! L. c- -- c r c. J
OFF-SITE PRESERVE AREA
MANAGEMENT PLAN
BORLAND CENTER
Section 19, Township 42 South, Range 43 East
Palm Beach Gardens, Florida
JULY 6,2004
Prepared for:
RAM DEVELOPMENT AND PALM BEACH
COMMUNITY CHURCH
Prepared by:
Cotleur & Hearing Inc.
1934 Commerce Lane, Suite 1
Jupiter, FL 33458
(561 ) 747-6336
Cotleur Hearing
1934 Commerce Lane Sulte 1
Jupiler, FlcMa 33450
561 747 6336 Fax 747 1377
Table of Contents
1 . 0 Introduction ............................................................................................................. 1
2.0 Site Description ....................................................................................................... 1
3.0 Protection of Preserve Area .................................................................................... 2
3.1 Delineation and Surveying Specifications .............................................................. 2
3.2 Vegetation Management Plan ................................................................................ 2
3.3 Prohibited Activities in Preserve Areas ................................................................... 2
3.4 Activities Allowed in the Preserve .......................................................................... 2
3.5 Quality Assurance .................................................................................................. 3
4.0 Restoration and Maintenance ..................................................................... 3
4.1 Exotic Species ....................................................................................................... 3
4.2 Re-vegetation with Compatible Native Vegetation .................................................. 3
4.3 Potential Species for Re-vegetation ....................................................................... 3
4.4 Maintenance .......................................................................................................... 4
4.5 Native Preservation Alteration ................................................................................ 5
4.6 Monitoring Program ............................................................................................... 5
5.0 Responsibility and Enforcement ............................................................................... 7
5.1 Enforcement .......................................................................................................... 7
5.2 Responsibilities ...................................................................................................... 7
Exhibits
Location Map
Aerial Map . Exhibit I
Preserve Map . Exhibit 2
Soils Map
THE BORLAND CENTER
PRESERVE MANAGEMENT PLAN
1 .O Introduction
The following plan has been provided by the OwnerlDeveloper of The Borland Center on behalf
of itself and the Borland Center Owners Association formed or to be formed.
The Borland Center Preserve Area Management Plan shall be used to govern all activities or
concerns relating to the 4.63 acre preserve noted on the Final Site Plan for The Borland Center,
City of Palm Beach Gardens, Florida. The plan conforms to the City of Palm Beach Gardens
code requirements regarding the preservation/protection and incorporation of native plant
ecosystems. The Preserve Area and its management shall be the responsibility of the Borland
Center Owners Association and its successors and assigns, and in the event of its failure to so
timely manage then by the then Owner(s) of the Borland Center Site (“Borland Center Site”), as
more particularly described in Exhibit “3” attached hereto, and their successors and assigns.
The underlying fee owner will not be responsible for any costs or expenses of this plan.
2.0 Site Description
The Preserve Area contains 4.63 acres (Aerial Map attached - Exhibit 1) and consists of mixed
slash pine flatwoods and palmetto scrub, herbaceous marshes and open water ditches. The
partial canopy is composed predominately of slash pine (Pinus elliottii). The shrub layer
consists of saw palmetto (Serenoa repens), gallberry (Ilex glabra), staggerbush (Lyonia
fruticose) and wax myrtle (Myrica cerifera). The understory or ground cover contains wire grass
(Aristide stricta), as well as numerous weed and grass species. See the Vegetation Inventory
for plant listing. Exotics growing within the proposed Preserve Area will be eradicated.
The soils in the Preserve, (Soils Map attached) are identified by the South Florida Water
Management District soil survey as, Riviera fine sand and Riviera fine sand depressional;
Riviera fine sand - This is a nearly level, poorly drained soil that has a thick sandy subsurface
to 40-inches deep. This soil is in broad, low areas. Under natural conditions the water table is
within 10-inches of the surface for 2-4 months in most years and between 10-30 inches for the
remaining months. The natural vegetation is slash pine, cabbage palms, cypress trees, saw
palmetto, and numerous grasses.
Riviera fine sand, depressional -This soil is a nearly level, poorly drained soil with a loamy
subsurface. This soil is found in shallow, well-defined depressions. This soil is covered with up
to 2-feet of water for more than 6 months of each year. The natural vegetation is cypress,
pickerelweed, St. Johns-wort, duck potato and water tolerant plants.
The applicant proposes to remove the exotic vegetation present in the preserve area (Exhibit 2)
and as necessary plant appropriate and native upland vegetation to provide cover and food
sources for wildlife.
1934 Commerce Lane, he 1
Jupiler, Zlodda 33458
561 747 6336 Fox 747 1377
F \Project Docurnents\PALM BEACH COMMUNITY CHURCH\@mand Ctr PAMP
7 06 04 final1 doc
1
3.0 Protection of Preserve Area
3.1 Delineation and Surveying Specifications
The Preserve Area shall be staked and field surveyed within one year, based on the approved
Final Development Plan preservation delineation so as to maintain compliance with required
area calculations and preservation limits. No desirablehative plant material will be removed
from preservation areas to facilitate surveying.
3.2 Vegetation Management Plan
To protect and preserve the existing native plant communities within the Upland Preserve,
development shall be in strict accordance with the City of Palm Beach Gardens regulations
governing upland preserve areas.
When feasible vegetative debris will be hauled off-site and disposed of in an approved manner.
The stumps of exotic trees will be cut to 6” above natural grade and painted with an approved
herbicide.
A management, maintenance and monitoring plan has been prepared to ensure the stability and
integrity of the Upland Preserve. The Plan is described in Section 5.3.
3.3 Prohibited Activities in Preserve Area
No construction or alteration shall be permitted within the Upland Preserve Area as reflected on
the Site Plan and the Preserve Area Management Plan, except as necessary in connection with
the proposed Preserve Area restoration/enhancement as outlined below.
Prohibited activities within the Upland Preserve Area include:
1.
2.
3.
4.
5.
6.
3.5
Construction or storage of building materials, soil, debris, trash or hazardous materials.
Mowing or the placement of sod.
Removal of native trees, shrubs or other valuable vegetation.
Excavation, soil removal or other activities that create erosion.
Parking or operation of vehicles.
Any activity that would be detrimental to drainage, erosion control, habitat or wildlife
preservation or conservation.
Activities To Be Allowed in the Preserve
The owner of the Preserve retains the right to construct a nature trail including boardwalk and
observation structure(s) on the easement property and fencing if needed to protect the preserve
from inappropriate encroachments.
Cotleur Hearing
1934 Commerce Lane. Wte 1
Juptier, clorloa 33458
561 747 6336 Fax 747 1377
Project #98-1205
July 6. 2004
F \Project Documents\PALM BEACH COMMUNITY CHURCH\Borland Ctr PAMP
7 06 04 final 1 doc
3
3.6 Quality Assurance
The project’s Landscape Architect shall periodically review all work conducted. All efforts will be
made to retain any existing vegetation outside the preservation area and development areas.
4.0 Restoration and Maintenance
4.1 Exotic Species
Activities that are allowed in the Preserve Area shall include removal and eradication of exotic
and nuisance species, trash and debris. To minimize potential disturbance to surrounding
vegetation, eradication of exotic and nuisance species shall be accomplished by herbicide
treatment with the herbicides such as Arsenal, Garlon 3A, Tordon and/or Roundup, or other
approved herbicide and only by licensed herbicide applicators, depending on the species.
All activities within Preserve Area shall take proper care to avoid damage or disturbance of
existing habitat.
4.2 Re-vegetation with Compatible Native Vegetation
Within the upland preservation area, re-vegetation is anticipated to be necessary because of
exotic removal. If re-vegetation should be considered necessary, plantings shall consist of
native plant species compatible with the existing native plant community of that location to
ensure continuity of indigenous plant associations. Re-vegetation may be achieved through the
use of nursery stock plant materials or on-site transplants using the built area as a donor site. If
transplants are used, adequate water for temporary irrigation must be in place prior to transplant
operation commencement. Irrigation shall continue until transplants are established in their new
locations.
4.3 Potential Species for Re-vegetation
Common Name Botanical Name
Wiregrass Aristida stricta
Beauty berry Callicarpa americana
Cocoplum Chrysobalanus icaco
Firebush Hamelia patens
Dahoon holly Ilex cassine
Gallberry Ilex glabra
Wax myrtle Myrica cerifera
Slash pine Pinus elliottii
Scrub oak Quercus geminata
Live oak Quercus virginiana
Cabbage palm Sabal palmetto
Saw palmetto Serenoa repens
1934 Commerce Lane. sulte 1
561 747 6336 Fa 747 1377
J@ef, FlOnda 33458
“Yt, Y, L””7
F-\Project Docurnents\PALM BEACH COMMUNITY CHURCH\Borland Ctr PAMP
7.06.04 final1.doc
3
Herbaceous material shall be installed using liner or 2” nursery stock with 36” on-center
spacing. Woody material shall be 4’ to 10’ with on-center spacing to mimic natural association
(i.e. informal massing, curvilinear planting arrangement, staggered heights, mixed species, etc.)
4.4 Maintenance
A biannual maintenance program shall be implemented to control invasive prohibited exotic
plant species and maintain upland preserves as a functioning habitat. A list of prohibited exotics
and non-natives to be eradicated during maintenance procedures is provided in Table 2 below.
Maintenance programs shall be conducted in an environmentally sensitive manner by hand or
chemically. Chemicals used must be EPA registered products approved for use in the State of
Florida that have been shown to present a wide margin of safety for fish, waterfowl and human
life and applied only by licensed applicators. Trash and debris shall be removed during each
maintenance event.
Prohibited and Invasive Non-Native Plant Species List
Prohibited plant species, as defined below, shall be completely removed or eradicated from the
entire site concurrent with permitted vegetation removal and site development. Periodic follow-
up removaVeradication is required. The following list constitutes a partial list of prohibited plant
species. All exotic species identified as Category I species by the Florida Exotic Pest Plant
Council shall be removed from the preserve.
Table 2 - Prohibited and Invasive Non-Native Plant Species
Common Name Botanical Name
Earleaf acacia Acacia auriculiformis
Woman’s tongue Albizia lebbeck
Shoebutton ardisia Ardisia Solanaceae
Bishop-wood Bischofia javanica
Australian pine Casuarina spp.
Leather leaf Colubrina asiatica
Carrotwood Cupaniopsis anacardioides
Air potato Dioscorea bulbifera
Lofty fig Ficus altissima
Banyan Ficus bengalensis
Mahoe Hibiscus tiliaceus
Jasmine Jasminum dichotomum
Small-leaved climbing fern Lygodium microphyllum
Melaleuca, punk tree or paper tree
Cat’s claw Mimosa pigra
Kudzu Pueraria montana (P. Lobata)
Downy rose myrtle Rhodomyrtus tomentosus
Chinese tallow tree Sapium sebiferum
Scheff lera Schefflera actinophylla
Brazilian pepper Schinus terebinthifolius
Java plum Syzgium cumini
Cork tree Thespesia populnea
Melaleuca quinquenervia
(Brassaia actinophylla)
Project 1198-1 205 Cotleur Hearing July 6, 2004
F \Project Docurnents\PALM BEACH COMMUNllY CHURCH\Borland Crr PAMP
7 06 04 final1 doc
1934 Comnetce lane, Suite 1
Juplte:, ;Iondo 33458
561 7476336 Fox747 1377 A
4.5 Native Preservation Alteration
The only alteration or activities allowed in the Preserve Area will be the following:
1. The removal of exotic plant material and refuse.
2. Planting of compatible vegetation
3. The construction of a nature trail with boardwalk and observation structures to the
Preserve Area.
4. Activities that are prohibited in the Preserve Area shall include, but are not limited to; the
construction or placing of building materials on or above the ground, dumping or placing
soil or other substances such as garbage, trash and cuttings, removal or destruction of
native trees, shrubs or other vegetation, excavation, dredging or removal of soil material,
no utilities nor diking or fencing, recreational vehicle use and any other activities
detrimental to drainage, flood control, water conservation, erosion control, or fish and
wildlife habitat conservation or preservation. (except as provided in paragraph 3.5 of this
document)
4.6 Monitoring Program
The Borland Center Preserve Area shall be monitored annually in accordance with the
requirements of the jurisdictional agencies. The monitoring program shall utilize the following
survey methodology and a plan showing the layout of the monitoring program is provided.
(Exhibit 2)
Time Zero Vegetative Survey
A transect shall be established through the upland areas to cross the full range of
existing vegetative communities, topographic gradients, and other environmental
variants. To monitor vegetative re-colonization, stations shall be established at
the interface of vegetative communities within the areas of proposed planting. At
each station a one-meter square plot shall be established and the corners
marked with PVC pipe. These stations shall remain consistent over the
monitoring period.
During each monitoring session, information shall be collected concerning
species composition, percent coverage, and relative health of vegetation. Data
sheets have been developed that record present data in sequential format, the
data collected during each monitoring session. A sample data sheet is included
in the appendix of this report.
Vegetation strata to be monitored are:
Canopy Species -
At each quadrant, with the station being the center, a 1-meter
radius shall be established and tree species existing within the plot
tagged and numbered. Species, basal area measured at 4’ above
ground surface, and height of each tree shall be recorded.
Project #98-1205 Cotleur Hearing July 6, 2004
F \Project Docurnents\PALM BEACH COMMUNITY CHURCH\Borland Ctr PAMP
7 06 04 finall doc
1934 Commerce Lane, Sulte 1
JupHef, ilorlda 33458
561 747 6336 Fox 747 1377 5
Shrub Layer -
At each quadrant, with the station being the center, a 1-meter
radius shall be established and shrub species existing within the
pot and height recorded.
Ground Layer -
At each station a 1-meter radius monitoring plot shall be
established and corners marked with PVC pipe. During each
monitoring session, information shall be collected concerning
species composition, percent coverage, and height of vegetation
present within each quadrant.
Photographic Documentation
Fixed points shall be established that will provide a consistent location for annual
repetition of photographs that provide a panoramic view and record of conditions
and changes within the Upland Preserve area.
Mitigation Maintenance
Upon completion of initial clean-up and plant installation, routine maintenance
activities shall be initiated at a maximum of 90-day intervals throughout the five-
year monitoring period. During these routine maintenance inspections, all trees,
shrubs, and other plants shall be maintained by pruning, cultivating and fertilizing
as required for healthy growth. Work efforts shall control and eradicate re-growth
or seed germination of exotic and noxious species.
Maintenance activities shall utilize a combination of herbicide treatment and
manual removal to control exotic and undesirable species. To prevent damage
created by removal haul routes, debris shall remain in place to decay naturally.
Removal from the site or using prescribed burns may be a feasible alternative to
decomposition in place.
Following the five-year maintenance and monitoring period, long term
maintenance of the Upland Preserve Area shall be incorporated into The Borland
Center property maintenance program. At a minimum, the maintenance shall be
conducted on an annual basis.
Evaluation
Monitoring of the preserve shall be conducted on a semi-annual basis for a
period of five years. Reports shall be prepared that will document the success of
the preserve management area plan. These reports will contain the physical data
and will describe any changes in vegetation species composition or dominance,
survival of planted species, wildlife utilization, or other relevant conditions
observed.
These reports shall outline any revisions or recommendations believed
appropriate to improve the success of this project.
0 A minimum of eighty (80) percent survival of each planted species. This
rate shall be maintained except where species composition, density of
planted and recruitment species and overall Preserve condition, growth
rates and viability of the area are higher.
0 Less than 5 percent coverage by invasive exotic and undesirable species.
0 At least eighty (80) percent coverage by desirable species.
5.0 Responsibility and Enforcement
5.1 Enforcement
The Preserve Area Management Plan will not be changed without the approval of City of Palm
Beach Gardens and the City shall have the right to enforce the provisions of the Upland
Preserve Area Management Plan through any available administrative or civil proceeding which
may result in penalties, and other remedies as against any person, corporation or other entity in
violation of any of the provisions of the Preserve Area Management Plan.
5.2 Responsibilities
The Affidavit of Responsibility identifies the responsible party for maintenance and protection of
the preserve.
The Owner/Developer of The Borland Center property recognizes the natural, aesthetic and
habitat value of the native upland habitat on site. The Developer has agreed to eradicate and
manage the encroachment of exotic vegetation and manage the Upland Preserve Area in
accordance with guidelines set forth by the City of Palm Beach Gardens. These management
practices are intended to improve the potential utilization of these areas by various types of
wildlife.
Preserve Management shall be the responsibility of the Borland Center Owners Association and
in the event such association does not timely fulfill its responsibilities then by the then Owner(s)
of the Borland Center Site, and their successors and assigns. This Preserve Area is being
preserved as part of the offsite mediation requirement for the Borland Center Site, which
Borland Center Site is more particularly described in Exhibit “3” attached hereto and
incorporated herein by reference. Preserve Area shall be maintained two (2) times per year as
required by Section 4.4 of this Preserve Area Management Plan.
Initial implementation and future management of all upland Preserve Area within the property
will be the responsibility of the Borland Center Owners Association or Assigns or its successors
and/or assigns.
Project 1198-1205 Cotleur Hearing July 6. 2004
F \Project Documents\PALM BEACH COMMUNITY CHURCH\Borland Ctr PAMP
7 06 04 final1 doc
1934 Commerce Lane, Suite 1
Juplter, ;Ion& 33L58
561 747 6336 Fax 747 1377 7
Northlake Blvd Harnlin Blvd 88th Rd N
'a 5; 88th PIN z 88th PIN - 6 N=l- a 87th St N 2 8 z 86th Rd N -.. _. ,s 85thRdN 5 H a
Legend
m Proposed Conservation Easement - 4.63 Acres
5
1 inch eauals 1 mile
The Borland Center
Location Map
Colleur & Hcaring
so rn
RlVlERA FINE SAND, DEPRESSIONAL
The Borland Center
1 inch equals 200 feet
Map Document: (F.WrcMap~Pmjecls\PBCC\060304\So1ls~060304 mxd)
L .egt
1 Proposed Conservation Easement - 4.63 Acres
0 Wetland Preserve - 0.64 Acres
1 inch eq6als 200 feet
The Bodand Center
Presewe Map
Exhibit 2
Cotleur & Hcarfng
Ex hi bit “ 3”’
BORLANDCENTER
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST;
WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THAT PART OF THE SOUTHWEST QUARTER (SW %) OF SAID SECTION 1 ;-TOWNSHIP
MILITARY TRAIL; LESS EXCEPTING THEREFROM THE PLAT OF GARDEN LAKES
AND GARDEN SQUARE SHOPS AS SHOWN IN PLAT BOOK 34, AT PAGE 139; ALSO LESS
THAT PORTION LYING NORTHERLY OF THE WESTERLY ELONGATION OF THE NORTH
LINE OF SAID PLAT OF GARDEN LAKES AND GARDEN SQUARE SHOPS AS SHOWN IN
PLAT BOOK 34, AT PAGE 139; ALSO LESS THE SOUTH 60 FEET OF SAID SOUTHWEST
QUARTER (SW %) OF SAID SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST FOR
IN OFFICIAL RECORD BOOK 1378, AT PAGE 145, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; ALSO LESS THE LAND CONVEYED TO THE BOARD OF COUNTY
RECORDED IN OFFICIAL RECORDS BOOK 6898, PAGE 202, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA.
CONTAINING 2,052,098 SQUARE FEET OR 47.1 10 ACRES, MORE OR LESS.
42 SOUTH, RANGE 42 EAST; LYING WESTERLY OF THE WEST RIGHT-OF-WAY LINE OF
P.G.A. BOULEVARD RIGHT-OF-WAY; ALSO LESS THAT CERTAIN PARCEL DESCRJBED
COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA BY THE RIGHT-OF-WAY DEED
Date Prepared: December 29,2004
Resolution 10, 2005
EXHIBIT “6”
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Date Prepared: December 29,2004
Resolution 10,2005
EXHIBIT “C”
THIS INSTRUMENT PREPARED BY
AND RETURN TO:
Steven Cohen, Esq.
Holland & Knight LLP
222 Lakeview Avenue, Ste. 1000
West Palm Beach, Florida 33401
SPECIAL WARRANTY DEED
7A THIS INDENTURE made this /? day of November, 2004, by ,nd between Palm
Beach Community Church, Inc., a Florida not-for-profit corporation, whose address is 3970
RCA Boulevard, Palm Beach Gardens, Florida 33410 (the “Grantor”), for and in consideration of
Ten Dollars ($10.00) and other good and valuable considerations in hand paid, receipt of which
is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases and conveys
unto the City of Palm Beach Gardens, a municipal corporation whose address is 10500 North
Military Trail, Palm Beach Gardens, Florida 33408 (the “Grantee”), the following described real
property in the County of Palm Beach, State of Florida, to-wit:
See Exhibit “A” attached hereto and made a part hereof
SUBJECT TO restrictions, reservations and easements of record and taxes for the year
2005 and subsequent years.
TOGETHER with all the tenements, hereditaments and appurtenances, with every
privilege, right, title, interest and estate, reversion, remainder and easement thereto belonging or
in anywise appertaining.
TO HAVE AND TO HOLD the same in fee simple forever.
And the Grantor does hereby covenant that, except as provided herein, Grantor does fblly
warrant the title to the above described real estate and will defend the same against the lawfir1
claims of all persons claiming by, through or under the Grantor, but against none other
what soever.
IN WITNESS WHEREOF, the Grantor aforesaid has set its hand and seal as of the / 9f“
day of November, 2004.
GRANTOR:
PALM BEACH COMMUNITY CHURCH,
INC., a Florida not-for-profit corporation
By: - c, - Print dame: Nfl. 60&$ k 32, v. Raydnd E. Underwood,
37
President I YY
STATE OF FLORIDA
COUNTY OF PALM BEACH
BEFORE ME, the undersigned authority, personally appeared Raymond E. Underwood,
as President of Palm Beach Community corporation, on
behalf of said corporation, who has produced
, as identification, zd executed the foregoing instrument as such
officer on behalf of said corporation. + WTNESS my hand and official seal this \q day of November, 2004.
My Commission Expires:
Notary Public A
LOCATION MAP
N.T.S.
BRMATIONS
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SOUTH LINE OF
GARDEN LAKES &
GARDEN SQUARE SHOPS
(P.B.34, PG.139-145)
PROP. 15' DRAINAGE EASEMENT
51804001-2) It cn
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S.W.CORNER OF S.W.1/4 OF
1 (42/42)
-- -
~G.A. BOULEVARD
THIS IS NOT A SURVEY. SHEET 2 OF 3
hkt3 Vorth FL 33463-2602
Aonr: 661-966-8787 Por 661-865-8969
PREPARED FOR:
URS CORPORATION
DWN. D.J.C. CHK. P.J.F.
DATE: 10-08-04
JOB NO. 51804001A-1
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SO-FOOT PARCEL
A STRIP OF LAND 50.00 FEET IN WIDTH IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING SPECIFICALLY DESCRIBED AS
FOLLOWS:
THE NORTH 2586.49 FEET OF THE SOUTH 2646.49 FEET OF THE WEST 50.00 FEET OF THE
SOUTHWEST ONE-QUARTER OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM
BEACH GARDENS, PALM BEACH COUNTY, FLORIDA.
CONTAINING: 129,325 SQUARE FEET OR 2.969 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, AND RIGHTS-OF-WAY OF RECORD.
NOTE:
NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE.
CERTIFICATION:
I HEREBY CERTIFY THAT THE PROPERTY DESCRIPTION AND SKETCH REPRESENTED HEREON,
MEET THE MINIMUM TECHNICAL STANDARDS FOR PROPERTY DESCRIPTIONS IN THE STATE OF
FLORIDA, IN ACCORDANCE WITH CHAPTER 61617-6 FLORIDA ADMINISTRATIVE CODE, SET FORTH
BY THE FLORIDA BOARD OF LAND SURVEYORS, PURSUANT TO SECTION 472.027, FLORIDA
STATUTES.
DATE: 10-0844
THIS IS NOT A SURVEY.
PAUL J. FOTORNY
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION No. 2297
DAILEY-FOTORNY, L.B.No. 1376
SHEET 3 OF 3
1 Oailey.Fattmy, iac. land surveyors - planners
5050 10th A-w Mh Suite B -
L&3 W&h FL 33463-2602
PREPARED FOR:
URS CORPORATION
DATE. 10-08-04
JOB NO. 51804001A-1
P
i
74' / f9
City of Palm Beach Gardens
Special Meeting
Council Agenda
February 18,2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin
Vice Mayor Russo
Council Member Delgado
Council Member Levy
Council Member Valeche
CITY OF PALM BEACH GARDENS
CITY COUNCIL SPECIAL MEETING
February 18,2005
7:OO P.M.
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
111. PUBLIC HEARINGS:
Part I - Ouasi-iudicial
Part I1 - Non-Ouasi-iudicial
7.7r a.
C. 8: #
4- I
jStaff Report on Page 4, Ordinance on Page 167) 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
LStaff Kcport on Yagc 173, Ordi~imiw 011 X’avc 234) Ordinance 8, 2005 - Comp
Plan Capital Improvements Element Amendment.(First reading 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.
lStaff Report on Page 258, Ordinance on Page 285) 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.
IV. RESOLUTIONS:
a. [Staff' 111--11* ",,. liq,ot't 0H-P &gAy-,-.-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 to
mitigate 3.39 acres of on-site preserve for the Borland Center Planned Unit
10 1.37
y-0
V.
VI.
VII.
VIII.
IX.
X.
XI.
XII.
XIII.
XIV.
Development; approving the Borland Center Plat which includes a 0.94 acre on-
site preserve; accepting a Deed for Shady Lakes Drive consistent with the Borland
Center Plat; and providing an effective date.
ADDITIONS, DELETIONS. MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the APenda, please submit
request form to the City Clerk prior to this Item)
CONSENT AGENDA:
ORDINANCES: (For Consideration on First Reading)
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY ATTORNEY REPORT:
ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk's Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8 771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation
the City Clerk prior
materials must be received by
to the presentation to the Council.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print. I
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: cw2 I A- .. -
Address: 39-2-33 --
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: I J- hnzoAJ
Address: Y/1)/kve,7A &A)
~~
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
3 City:
Subject: e-7
~
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
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
Subject: C3n gQk? ll--+uLQ-. 7
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please
Name:
Address: 4LCJ uIt?-/u~-/~\ irl
City: Qf\CPi ikt e %: 4 -*, Eis
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:
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
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:
Subject:
r\ 9
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 f
,IT ‘ ~ Name: C( t 1( ‘I : [ \ c \-I- A A r @L& I4Pd b w dL\
I ‘Ti 6 +Q
/ L
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
Ple- rint
Name:
Address: c
City: -
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
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
Name: &3 /c3iDLpFJ
Subject: ,hfQ : -4 &lqfkE’p
I02 u1/ klnciL//jq- &I&.’ I Address:
City: 9
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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
Subject : a7
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:
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: /
n
City:
Subject: lJ&Lc -
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.
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City of Palm Beach Gardens
Special Meeting
Council Agenda
February 18,2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
J Mayor Jablin
J Vice Mayor Russo
Council Member Delgado
Council Member Levy
A Council Member Valeche
I.
11.
111.
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$5 offo5
CITY OF PALM BEACH GARDENS
CITY COUNCIL SPECIAL MEETING
February 18,2005
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
PUBLIC HEARINGS:
Part I - Quasi-iudicial
Part I1 - Non-Quasi-iudicial
a. {Staff Report on Page 4, Ordinance on Page 167) 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
fiom Commercial (C) and Residential Low (RL) land-use designation to Mixed-
Use (MXD) land-use designation; and providing an effective date
[Staff Report on Pape 174, Ordinance on Page 234) Ordinance 8,2005 - Comp
Plan Capital Improvements Element Amendment.(First reading 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
ta continue to meet its adopted level-of-service standards; and providing an
effective date.
{Staff Report on Page 258, Ordinance on Page 285) 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.
Iv.
pib97-J-
9’0
V.
VI.
VII.
VIII.
Ix.
X.
XI.
XII.
XIII.
XIV.
RESOLUTIONS:
a. (Staff Report on Page 290, Resolution on Pape 322) 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 fiom
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 to
mitigate 3.39 acres of on-site preserve for the Borland Center Planned Unit
Development; approving the Borland Center Plat which includes a 0.94 acre on-
site preserve; accepting a Deed for Shady Lakes Drive consistent with the Borland
Center Plat; and providing an effective date.
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda. please submit
request form to the Citv Clerk prior to this Item)
CONSENT AGENDA:
ORDINANCES: (For Consideration on First Reading)
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY ATTORNEY REPORT:
ADJOURNMENT
PLEASE TAgE 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 interestedpersons 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.
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Page 61
included in commercial. Please tell me what that,
is that commercial or is it open space?
MS. ERWIN: What table are you referring to
that I put up tonight? Actually, I have open
space at 7.17 and additional open space as point
one, two on this table. I don't have it lumped in
the commercial.
MR. DE FRANCIS: On the staff report it's
commercial but on the one for tonight or it comes
up to 38.94 acres. Your --
for --
MS. ERWIN: I didn't put a table up tonight
MR. DE FRANCIS: Well --
MS. ERWIN: This is an older table for an
older presentation. It was amended in the staff
report to reflect what they're currently
proposing. As you know, Mr. De Francis, they
proposed a lot of changes in the process, and the
table that I have in my staff report is correct
because it is the most recent table for the
project.
it commercial?
report, it is open space.
MR. DE FRANCIS: That is open space or is
MS. ERWN. As reflected in my staff
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Page 62
MR. DE FRANCIS: On page 13, as pat of the
review, the applicant last submitted environmental
assessment which identifies the most valuable
areas on the site of which the applicant is
required to preserve 25 percent on-site
mitigation. The applicant is required to set
aside 2.37 acres. I already showed you the letter
before and you agreed it's 4.32. And then I
already said that you wanted to have 50 percent on
that, but what you didn't mention in here, and
this was part of your process here, the
applicant's proposal includes 4.34 acres of Pine
fiat land together with approximately 7.77 acres
of high quality wetlands. Where in your report
did you mention wetlands?
They're handled through separate agencies to
review the wetlands for the site.
are these - how is the mitigation on this being
handled? Is there going to be buildings where
there are wetlands?
once again you are to, your questions are limited
to things that Ms. ENvin has testified or are in
MS. ERWIN: Wetlands are not in my report.
MR. DE FRANCIS: There has to be - and how
ClTY A'lTORNEY: I would like to remind yo1
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Page 63
the report. She just testified it wasn't in her
report.
report.
question.
24, current policy encouraged the applicant to
preserve at least 50 percent of the required 2.37
acres on site. Currently staff is drafting an
amendment to the environmental regulation portion
of the City to require a minimum on-site
preservation of 50 percent of the required 25
percent set aside.
We already know that it's 4.32 acres. So
50 percent of that is considerably more than the
point nine four acres.
MR. DE FRANCIS: This document is in the
MR. ROYCE I think she's answered the
MR. DE FRANCIS: Your staff report on page
MR. ROYCE: Is that a question?
MR. DE FRANCIS: That's a question.
MS. DELGADO: Mr. Royce, you have not one
but two attorneys that remain here. I don't mean
to be disrespectful, let ow attorney handle it.
Party.
CITY ATTORNEY: Mr. Royce is the opposing
MAYOR JABLJN: He has the right to object
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Page 64
or to jump in. He's representing the other side.
MR. ROYCB: I've restrained myself a great
deal. I've tried not to interrupt and not to be
obnoxious. But I do object to him reading parts
of the staff report in an argumentative tone and
not phasing a question. The attorney is right,
he should ask a question.
applicant to preserve at least 50 of the required
acreage. Has this applicant put 50 percent of the
required acreage on this site?
puttine a hundred percent rm-.sitc.
MR. DE FRANCIS: Current policy encouraged
us. ERWIN: wixh this approval theykc
MAYOR JABm. The answer then is yes.
MS.ERWIN: Yes.
MAYOR JABLIN: Asked and answered. Move
on.
MR. DE FRANCIS: One of the reasons you
gave for allowing for the smaller parking places
and the smaller aisle ways was additional open
space.
MAYOR JABLIN: Is that a question?
MR. DE FRANCIS: Will this open space
MS. ERWIN: Additional open space is for
remain?
16 (Pages 61 to 64)
561.659.4155 ESQUIRE DESOSlTION SERVICES, LLC 800.330.6952
4
-. f
Planning Staff Report
Date Prepared: January 6,2004
Meeting Date: January 13,2004
A. Mitigation of Native Upland Vegetation
City Code Section 78-250(a) requires the applicant to preserve 25% of the on native upland
vegetation, which equates to 2.37 acres. The applicant may request off-site mitigation or payment of
money in lieu of preservation. The applicant is requesting a waiver to allow for money in lieu of
preservation. Current policy encourages the applicant to preserve at least 50% of the required 2.37 ( . acres) acres on site Currently, staff is drafting an amendment to the environmental regulation
portion of the City's LDRs to require a minimum on-site preservation of 50% of the required 25%
set aside on site.
Planning Staff Report
Date Prepared: February 12,2004
Meeting Date: February 24,2004
Upland Preservation
As part of this review, the applicant has submitted an environmental assessment, which identified
the most viable areas on site, of which the applicant is required to preserve 25% on or mitigate.
The applicant is required to set aside 2.37 acres as upland preservation, but has requested and is
seeking approval to mitigate for the entire 2.37 acres by off mitigation. Staff does not
support this alternative and requests that the applicant preserve at least 50% of the
required 2.37 acres on site, which is 1 .2 acres. This is consistent with the City Council policy of
requiring some preservation on site. Recently, the City Council approved Legends at the Gardens
PUD with approximately 50% of the required upland preservation on site. Donald Ross Village
PUD was also approved with 100% of upland preservation on site with the option of mitigating up
to 20% off site.
The applicant is not proposing to save any existing environmentally significant lands on site. The
petitioner has provided documentation that land is available off of the Bee Line Highway. Staff
does not SuDPOrt the proposed mitigation for the following reasons:
-
0 An on-site preserve would be a visual buffer between the residential communities and
the proposed mixed-use development.
0 Environmentally, it will serve as a habit for urban birds and animals.
0 It would enhance the PGA Boulevard corridor by increasing open space for
this project.
0 Thepublic benefit in having a preserve east of the Florida
Turnpike is ereater than having a little more preserve added to the Loxahatchee
Slough Natural Area.
CITY OF PALM BEACH GARDENS
PLANNING AND ZONING COMMISSION
REGULAR MEETING
February 24,2004
MINUTES
Quote taken directly from Minutes: “Mr. Channing commented the presentation had been great and
questioned the on-site mitigation. Ms. Irwin responded that the site plan showed a proposed
mitigation area and proposed buffers. Mr. Glidden stated the presentation was great, and asked if
staff was recommending all mitigation be on site. Ms. Irwin responded that at least 50%
mitigation MUST be on site, which had been policy for recent projects, and anything less was
unacceptable. The other 50% could be off-site as had been done by Legends of the Gardens.
Discussion ensued regarding other projects that had provided both on and off-site mitigation. Ms.
Irwin explained that Staff would Prefer 100% OIl-Site but under present policy 50% Was
required.
CITY COUNCIL MEETING
MAY 6,2004
ENVIRONMENTAL PRESERVATION: By ED W€IN.€RG
The following was presented to City Council on May 6,2004 by
Borland staff
“THE APPLICANT PROPOSES TO PROVIDE .95 ACRES OF RESTORED NATIVE
UPLANDS ON SITE IN ADDITION TO PROVIDING IN EXCESS OF 100%
MITIGATION OFF SITE (12.11 ACRES)”
:
"Commercial uses. It k a site-specific designation that depia existing commercial uses and proposes future
wmmemal areas at ptrmary M?cmtions. TIe smific riula~onos and uses associated with okvelopment within
the areas designated C will be determined during the zoning of the propeHies. 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 develomnent resu/afions may furfher restrict intensitiesm ff
"LDR Section. 78-6. Interpretation and conflict.
(a) Interpretation. In their interpretation and appliwtionf the provkions of thk chapter wdl be construed broadly
to promote the public health, safety and general welhre.
(b) GmtWt with other public provisions. TIis chapter is not intended to interfere withl abrogate or annul any
other ordinanel rule or regulafionl statute or other pmwsion of law, wept those which are in
wnffid with these provided for in this chapter. Where any provision of tbk chapter imposes restrictions different
from those imposed by any other provkion of thk chapter or any other ordinance/ rule or regulation or other
provkion of law the pmvision wbicb is more restridive or immses bi'ber
standards will confro/. "
" LDR Mion. 78-153. Nonresidentialzoning distriict rqgulations.
12: Property Development Regulations - Nonresidenttal Zoning Distrl'cts"
Minimum Lot Width
ax. Building Height (Ft)
in. Building Setback (Ft)
Notes:
(1) Lot width measured at the front building setback line.
(21
36 feet, unless ofhenwise noted.
Maximum buildina heiuht is the lesser of two stories or
(3)
(4)
(5)
(6)
15 feet for first two stories, 27 feet above two stories.
One acre minimum and three acre maximum.
Setback is the total of number of feet indicated plus one foot for each foot of height over two stories.
Additional perimeter or boundary setback of 75 feet required when abutting a residential zoning district.
Tonight we are holding the continuation of three public
hearings on 3 proposed amendments to the City’s
Comprehensive Plan. We will begin with Ordinance 7,2005
(FLUM) and Ordinance 9, 2005 (Conservation). At the
conclusion of the staff presentation we will take comments
from the public. We have the cards that were submitted last
evening relative to these agenda items.
The purpose of these hearings is to consider the
TRANSMITTAL of these amendments to the Department of
Community Affairs. If the amendments are transmitted
tonight, they will be reviewed by DCA and other agencies.
At the conclusion of the review period, if DCA has concerns
with the proposed amendments, we will be sent an ORC
report (Objection, Recommendations and Comments).
Following DCA review, there will be a second public hearing
where City Council will consider adoption of the
amendments. There will be additional public notice at that
time.
Tonight’s hearings are legislative matters. That means that
the City Council is not required by law to swear witnesses or
permit cross-examination.
The procedures for tonight’s hearings will be as follows:
1. The Clerk will re-read the title of the Ordinance
2. Staff presentation
3. Public hearing
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City of Palm Beach Gardens, City Council Members
Subject: Borland Site Plan issues
Date: January 12, 2005
There are two important outstanding issues with the Borland project that need to be resolved prior to
City Council approving the Plat for this proposed development. All I ask is that the City Council follow
the laws and mandates as written and require the developer to comply with the laws and mandates.
The issues are as follows:
Issue #I:
On December 16, 2004 the City Council had a consent agenda item to approve the Plat for the Borland
Center. The Plat being considered did not reflect what the City Council had previously approved for this
site. It was premature to present the Plat for Council approval at this time, especially as a “Consent
Agenda Item” not requiring any formal discussion. The Borland Plat was withdrawn from the ’Consent
Agenda” only after I brought this issue to the attention to several City Council members prior to the
December 16, 2004 meeting.
As you will recall, The Council approved this site with the required 4.33 acres of preserve on-site, as
identified in Borland environmental assessment letter dated July 18, 2003, with an option to return to
Council to request off-site mitigation in accordance with approved Waiver #7. Ordinance 13, 2004 and
Resolution 92, 2004, that was passed and adopted on August 5, 2004, included the approved Waiver #7
that appears below verbatim as follows:
“Waiver #Z Section 78-250(a), Presene area requiremen&, to allow for off-site mittgation in lieu of
on-site presene area for 1.57 acres of the required set aside to a 4.6-acre site. “
The Borland mitigation plan submitted reflects eXadV what Waiver #7 required for 1.57 acres of
off-site mitigation requiring a 4.6 acre preserve off-site , not 3.39 acres of off-site mitigation that Borland
is presently proposing in the pending Plat. Off-site mitigation of 3.39 acres would have required 9.93
acres of off-site mitigation preserve area based on the ratio determined by waiver #7. The problem
with the Borland submitted plan is based on very simply math.
“4.33 acres minus 1.57 acres leaves a remainder of ”276”acres to be preserved on-site and
Borland is only allowing 0.94 acres as preserve on-site”.
The plat to be approved must be in accordance with Waiver #7, which includes a minimum of 2.76
,acres of preserve on site unless Borland is planning to ask for an additional waiver, which would open
up the entire planning process again.
Borland proposes to protect 4.6 acres of trees and swamp on an inaccessible piece of land approx 100
yards off Bee Line Highway, not even visible to a PBG residenvtaxpayer from Bee Line Highway, (only
accessible by helicopter or boat utilizing the C-18 canal) in exchange for on-site preserve required by the
Comprehensive Plan and the LDR. Palm Beach Gardens does not need additional acres of protected
trees and swamp that currently exist and are not in danger of being destroyed I00 yards off Bee Line
Highway. What PBG desperately needs is more protection of the environment along PGA Blvd. As an
added bonus, any environment that can be preserved along PGA will mean less traffic on a roadway that
is already seriously overburdened.
Issue #2:
Borland concurrency resetvation was scheduled to expire on December 31, 2003. The PBG City Council
approved Ordinance 10, 2003 on November 20, 2003, that could possible extend Borland concurrency to
December 31, 2004 if Borland adhered to the three conditions required by Ordinance 10, 2003. When
Ordinance 10, 2003 was approved, the ordinance modified LDR 78-77(b)(2) and the conditions invoked
by Ordinance 10, 2003 were also mandated in LDR 78-77. (Note: LDR 78-77(b)(2) can be seen on-line
at ” htt~://libraw2.municode.com”). The three (3) conditions taken verbatim from Ordinance 10, 2003
and LDR 78-77(b)(2) are as follows:
(b) “Time extensions.
2. If a certificate of concurrency reservation k scheduled to expire on or before December 34 2003
the Growth Management Adminktrator may extend the reservation until December 31/ 2004,
provided the following conditions are met:
(i> A complete and suficient development application is received by the C?v no later than
March 31,2004; and
(ii) A development order approval is grantedprior to December 31, 2004; and
(iii) All lnkage Roads or C?v n7oroughfare nght-ofiway des@nated in the Comprehensive Plan
is conveyed to the ciw within (30) days of the date of the development order approval, ‘I
The Borland project has complied with provisions IandX However Borland has not complied with the
conditions required by Ordinance 10, 2003 or LDR 78-77(b)(2)(iii), nor has requested a waiver to LDR
78-77(b)(2)(iii), therefore, the concurrency reservation for the Borland project expired at the end of
2003. The fact that concurrency reservation has expired makes off-site mitigation a side issue at this
time.
The loss of concurrency reservation would require Borland to perform a new traffic analysis that includes
all projects that have occurred from the time the concurrency reservation was first approved for the
Borland project to the current conditions as projected by current traffic analysis. The loss of
concurrency reservation would also place the Borland project behind all the projects that are currently
being considered for concurrency approval.
Decisions on this project will impact City Residents for a long time after the project has been built. The
environmental impact of this project will be much greater to the City and to its residents if environmental
regulations are bypassed. I ask that the application of the existing environmental requirements with
regards to preserve area be applied to the Borland Project as written and that the traffic concurrency
requirements be applied as written.
Please maintain this letter and any staff’s response to this letter, if applicable, as a permanent record in
the Borland project file.
Thank you for your consideration in this matter.
Vito DeFrancesco
1049 Shady Lakes Drive
Palm Beach Gardens, FI
561-626-9983
cc: Commissioner Karen T. Marcus, Palm Beach County
Mr. Eric Jablin, City of Palm Beach Gardens Mayor
Mr. Joseph RUSSO, City of Palm Beach Gardens Vice-Mayor
Mr. Hal Valeche, City of Palm Beach Gardens Councilman
Mr. David Levy, City of Palm Beach Gardens Councilman
Ms. Annie Delgado, City of Palm Beach Gardens Councilwoman
PGA Corridor Residents Coalition Officers
Dr. Robert Davis, BallenIsles HOA Representative
Mr. Steven Barnes, Shady Lakes HOA President
Mr. Walter Schmidt, Garden Lakes HOA President
Mr. Tala1 Benothman. City of Palm Beach Gardens, Planning Director
Ms. Kara Irwin. City of Palm Beach Gardens, Senior Planner
Ms. Sarah Eisenhauer, Palm Beach Post
Ms. Stephanie Smith, Palm Beach Post
Department of Bngineedng
urd Public Work.
P.O. Box 21229
Wst Palm &ach. PL 3341 6- 1229
Wamn H. Newell. ChaIrman
Carol h Roberts. Vice Chair
~urt Aaronson .
lbny Maslbtti
Mdic L Greene
County Mminirtrator
Robert Weisman
n Pguul opportunity
Action Employer'
1 LBFH PALM C ITY I
August 30,2001
Mr. Sean C. Donahue, P.E.
LBFH Inc.
Assistant City Engineer
City of Palm Beach Gardens
3550 S.W. Corporate Pkwy.
Palm City, FL, 34990
RE: Palm Beach Community Church
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Mr. Donahue:
The Palm Beach County Traffic Division has reviewed the revised traffic study (dated
June 22,2001) for the project entitled; Palm Beach Communitv Church, pursuant to
the Traffic Performance Standards in Article 15 of the Palm Beach County Land
Development Code. The project is summarized as follows:
Location: Along the North Side of PGA Boulevard, East of Shady Lakes Road.
Municipality: Palm Beach Gardens
Existing Uses: None
Proposed Uses: 21 8,500 SF ChurchlBorland Center, 230 Multi Family Residential
Units, 70,000 SF Retail, and 133 Rooms Hotel.
New Daily Trips: 6,989
Build-out Year: 2003
Based on our review, the Traffic Division has determined that the project meets the
Traffic Performance Standards of Palm Beach County, under the following phasing
conditions:
- No more than 4,246 new external daily trips (any combination of land use) may
be permitted until the contract is let for the following Improvement at the
intersection of FGA BouIevaKUVictoria Gardens Diive:
- Reconfigure the northbound approach to provide 3 (three) left-tum
Lanes and 1 ,(one) right-turn lane.
- No more than 4,246 new external dally trips (any combination of land use) may
be permitted until contract is let for construction of Alt. AlNPGA Interchange,
which Includes widening of Alt. A1A from Gardens Parkway to the Loop Road
south of PGA Boulevard. - No more than 6,082 new external daily trips (any combination of land use) may
be permitted until the contract is let for.addition of an additional westbound through
lane on PGA Boulevard, from Military Trail to 1-95 Southbound off-Ramp, or
adoption of adequate CRALLS capacity for this segment.
- No more than 6,732 new external daily trips (any combination of land use) may
be permitted until the contract is let for addition of a new westbound and eastbound
c,
through lanes at the intersection of PGA Boulevard/Military Trail, or adoption of
adequate CRALLS capacity for this intersection.
Furthermore, the county staff suggests development of a full traffic circulation plan for
the project, with emphasis on peak hours of operations for the project related activities,
and peak hour on the adjacent roadway network. This plan should include Yraffic
forecasts' of project's Weekdays and Weekends peak hour of operations, as well as
during the Weekdays peak hours of traffic operations on the adjacent roadway network.
The forecasted volumes should then be added to the current traffic on the roadway
network, under the different scenarios. The plan should include improvement measures
to assure un-congested traffic circulation with minimal impacts on the neighborhood
residents. The plan may include/ but not be limited to any of the following improvement
measures:
8
8
Provision of additional auxiliary lanes.
Installation of full or part-time traffic signals, and/or modification of
current signal plans.
patrons.
8 Develop a parking management plan to fully accommodate the
8
8 Adopt TDM strategies.
8
Scheduling events in a way to minimize conflicts.
Develop a plan to improve traffic circulation dudng events, through
hiring off-duty police officers.
For all improvements that are not assured construction, the developer shall enter in a
Public Facility Agreement (PFA) with Palm Beach County for funding of the roadway
improvements in a form acceptable to the county Engineer, within 6 months of Issuing
the Development Order, and before the first building permit is issued. These conditions
should also be included in the development order issued by the City of Palm Beach
Gardens.
If you have any questions regarding this determination, please contact me at 684-4030.
Sincerely,
OFFICE OF THE COUNTY ENGINEER fim Masoud Atefi MSCE
Sr. Engineerw Division
CC: ,Maria M. Tejera, P.E., MTP Group
Pinder-Troutman & Associates
4b FACSIMILE
To:
From: Kara Irwin
Ms. Andrea M. Troutman, P.E.
Planner
& Date: October 17,2001
RE: CONDITIONAL CONCURRENCY CERTIFICATION for:
CON-99-14 F Palm Beach Community Church
Based on the attached memoranda from Assistant City Engineer Sean C. Donahue, P.E. (dated
October 4, 2001), Palm Beach County Senior Engineer - Traffic Division Masoud Atefi, MSCE
(dated August 30,2001), and Maria M. Tejera, P.E. (dated October 3,2001), the above referenced
project is hereby granted conditional concurrency certification. This certification is contingent
upon the applicant satisfying the attached eight items from the memorandum from Maria M. Tejera,
P.E. (dated October 3,2001). AND the issuance of a development order from City Council. If these
items listed by Mrs. Tejera are not satisfied within the appropriate time frame, OR a development
order is not issued by City Council for the above referenced project, then this conditional
concurrency certification shall immediately become null and void. If the conditions are satisfied
within the appropriate time frame AND a development order is issued, then this conditional
concurrency certification shall not expire until after the buildsut date of December 31,2003, which
is referenced in the June 22, 2001 Traffic Impact Analysis - Palm Beach Community Church
prepared by Pinder Troutman Consulting, Inc.
c.
If you have any questions, please contact me at 799-4236.
Cc: Sean Donahue, City Engineer
Steven B. Cramer, Principal Planner
Karen M. Craver, Principal Planner c % Maria Tejera, P.E
Six (6) sheets total in fax.
CFN 20040728377
OR BK 17538 PG 1702
Palm Beacb County, Florida Dorothy H Yilken, Clerk of hurt
RECORDED i2/26/2~4 ia:ii:zi
Pge 1702 - 1707; (6pga)
FOR COMMUNITY ENRI CHMENT
NAME OF PROJECT
AGREEMENT
the Developer Agrement, the term0 and txditim of which are
EX% forth kin, Devclopcr has a@ to certain matttrs, includii
cenain on-dte and off-site water treabaent and sewage conection
2. Dcveloperhasgranted exclusive right to provide utility service to the Property and
, rights-of-way, rights of Ingress and egress to any
part of the propmy for the aperation of
e88em~nts re!quired by Authority, upon
Authority'sauthorizatisn to SubatitUte the
needs.
a fccordcd eas~ment suEi for the Authority's
Ihe Developcr Agrccmmt and
Developer and its respcctivc assigns and succcseors
a dct between the terms of this Memorandum
Agreanmt, the tenns of the Developer A-
t aad the telus of tbe Developer
and obligations of any assigns and
Agreement and a copy of which
(<) ,
'Y& !A. &-j)
fvy$I/
i -3
/P &.;.zz.2J
Page 1 of 6
Book1 7938/Page1702 Page I of 6
THE BORLAND CE- FOR C OMMlJNITyENRICHMwT
NAME OF PROJECT
yL-,,.t. h-, STATE OF RxlRlDA
COUNTY OF PALM BEACH
Tbc fo
Gail F. Nelson and Mary
acknowledged before m this &day of&%&^, by
Authority Clerk, rcspecLively of Seacoast Utility Authority, who an
botb persoaally lolown to me.
Page 2 of 6
Book1 7938/Page1703 Page 2 of 6
"I.IE BORLAND CEN'lZB FOR CO MMUNITYENRICHMENT
NAME OF PROJECT
DEVELOPER:
Book1 7938/Pagel704 Page 3 of 6
JOINDER AND CONSENT OF PROPERTY 0-
(If otber than Devetaper)
By:
(Rint Title)
Pagc4of 6
Book1 7938/Page1705 Page 4 of 6
THB, BORLAND CIENTER FOR COMMUNITY ENRICHMENT
NAME OF PROJECT
-.... .
Book1 7938/Pagel706 Page 5 of 6
THE BORLAND CENTER FOR COMMUNITY ENRICHMENT
Project Name
EXHIEIT 'A"
PagtBof 6
1
Page 6 of 6
This instrument prepared by
and return to:
Steven Cohen, Esq.
Holland 6, Knight UP
222 Lakeview Avenue, Suite 10oO
West Palm &a& Flarida 33401
EASEMENT
CFN 20040Ei63402
RECORDED 11/22/2861 15:17:21
Pel8 Beach County, Florida
Dorothy H Yilken, Clerk of Court PQB 1708 - 1785; (6pgs)
OR HK 17794 r[li SVJQI
tk day of bber, 2004 by
NC., a Florida not-for-profit corporation, whose
Gardens, FL 33410 to BORIAND CENTER
not-for-profit corporation, whose address is
is made this
Palm Beach Gardens, Florida 33410 ("GRANTEE").
Palm Beach cc)uq,
paahtreofbpthis
drainage eaSement
8 andthrough the
EaacmmtPropeay;
($10.00) and other good and valuable
mal covenante, benefits and agreements of
adrtlowledged, the parties do hereby agree
WHEREAS, Grantor has
NOW THEREFORE, in
the parties hm and the su
consideration, the receipt: and adequacy of
as fonows:
1. The ah recitals are d are incorporated kin.
herein, Grantor docs hereby grant to &antee, a
construction and maintenance of storm water a
, egress and access in, under,
Easement Property and any
1
Book1 7794/Pagel700 Page 1 of 6
appurnnam contain& therein, as may be reasonably necessary to carry out the purpose of this
Drainage Easement.
3. This Drainage bent shall be used by Grantee in such a manner that is
consisttnt with any improvements comuucted upon or to be constructtd upon the Easement
Propetty, and which, to the extent pcssible, will minimize interference with and win bc compatible
witfr the construction and use of said impwwmentx.
. No easement rights contained in this Drainage Easunent shall be terminated,
nded uccept pursuant to written instrument, duly executed by the Grantor and the
or their successors or amigns, and recorded in the Public Recards of Palm Beach
+
htee may, at MY time, assign its rights and benefits under this Drainage
er third party mponsible for maintenance of the storm water and drainage
the right to grsnt mch additional non.exclusivc easements
bent propertv, in its sole and absolute discredon, without
by the hate, or any other person, providcd that such
affect OT interfere with rhe rights connycd to Grantee hcrein.
be construed in accordance with he laws of the
mer, under,
the needforthecome
ernent shall be effective as of the date hereof and shall be
State of Florida.
respective heirs, legal rtpentatives, successors and
hereunder shat run with the land
assigns of the Grantor and Grantee h
IN WITNESS WHEREOF, cuted this Drahage Easement as of the date and
year written ah.
Signed, sealed and ddivered
in the presence of:
2
Book1 7794/Pagel701 Page 2 of 6
STATE OF FLORIDA )
COUNTY OF PALM BEACH 1
: 88.
*
imment was ahowledged before me this &- day of October, 2004 by
, as Resident of Palm Beach bmun fh&, Inc., a Florida not-for-
of said corporation. He is &y known m>.or hae produced
Now Public:
Name of Notary Printed:
commission
3
Book1 7794/Pagel702 Page 3 of 6
(<3J c
SHEET 1 OF 3 ->/- THIS IS NOT A SURVEY. , -.
Ilailepfotmr, inc. land surveyors - anners
5050 10th Atmnwr Nod R Suite 3 -
h& Ydh FL 33463-2602
plranc 681-886-8187 Ihr. 66f-M6-8#S
Book1 7794/Pagel703
, DWN. D.J.C. I CHK. P.J.F.
DATE: 10-06-M
JOB NO. 51-A-2
URS CORPORATI0
h
Page 4 of 6
f Q
land surveyors - anners
5050 10th AMW hbt RT Suik - E - W Wdh FL 99463-2602
plbn. m-im-8787 mx: 661-886-mea
Book1 7794/Page1704 Page 5 of 6
15.0' DUAINAGE EASEMENT
A STRIP OF LAND 15.00 FEET IN WIDTH IN THE WEST 50.00 FEET OF THE SOUTHWEST ONE-QUARTER
OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST, CITY OF PALM BEACH GARDENS, PALM
BEACH COUNTY, FLORIDA, THE CENTERLINE OF WHICH IS SPECIFICALLY DESCRIBED AS FOUOWS:
COMMENCING AT THE SOUTHWST CORNER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION
1; THENCE BEAR NORTH 01 DEGREES 55 MINUTES 49 SECONDS EAST, ALONG WE WEST LINE OF
THE SOUTHWEST ONE-QUARTER OF SAID SECTION 1, A DISTANCE OF 1080.05 FEET TO AN
TH€ WESTE33l.Y EXTENSION OF THE SOUTH LINE OF OAROEN LAKES AND
ECORDED IN PLAT BOOK 34,
RECORDS; THENCE SOUTH 88
WTWSJON , A DISTANCE OF
WEST, ALONQ THE EAST LINE OF
SECTION 1, A DISTANCE OF 16.33
EGlNNlNO OF THE HEREIN DESCRlBED CENTERLINE; THENCE NORTH 60
SECONDS WEST, A DISTANCE OF 16.92 FEET, THENCE NORTH 01 DEGREES
FROM AND PARALLEL WITH
ON i, A DISTANCE OF 262.50
DISTANCE OF 15.81 FEET TO
WEST LINE OF THE PLAT OF SAID GARDENS LAKES AND GARDEN
D OF SAID CENTERLINE.
ET OR 0.102 ACRES MORE OR LESS.
SUBJECT TO EASEMENTS,
CONTAINING: 4428 S
TIONS, RESERVATIONS AND RIGHTS OF WAY OF RECORD.
NOTE:
NO SEARCH OF THE PUBLC RECO BEEN MADE BY THIS OFFICE.
I HEREBY CERTIFY THAT THE
FLORJDA, IN ACCORDANCE WITH CHAPTER
MEET THE MINIMUM TEXHNICAL STAN
BY THE FLORIDA WARD OF
STATUTES.
DATE: 10.0804
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION No. 2207
THIS IS NOT A SURVEY.
OaiJepFotaPtry, inc. land surveyors - planners
DATE: 10-08-04
Page 6 of 6
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RECEIYED: e/ 6/02 7:38AM; ->HP LASERJET 3150; #184; PACih Y
JUN-86-2882 08: 18 Ram Realty Services
May 14.2002 MEMORANDUM
/ TO: Len Rubin, Esq.
FROM: Steven Cohe
RE:
a f&ow up to our telenhone conversation, ~S memorandum will darify
some of the confusion surrounding title to the %orland Center” property, indudFng
the 50 ft. strip located easterly and adjacent to Shady Lakes Drive rParcelO6.A2”).
Parcel 06.M (consisting of approximatdy 2.97 acres) cam be desclibed generay as
the westerly 50 ft. of the SW ’A of Section 1, TownshiP 42 south, R-ge 42 East,
Palm Beach County, Floxida.
In connection with tb memorandum, I have reviewed the following documents (copies of which are attached):
Minutes of the County Commissioners of Palm ’Beach County, dated
October 7, 1925, as recorded in Book 9, Page 434, purporting to create a 30sting
and viewing” right-of-way easement (the “Posting and Viewing Resolution”).
Plat of Cinnamon Plat 2, as recorded Aumst 7, 1980, in Plat Book 40,
Page 66 through 70 (the “Plat of Cinnamon Plat No. 2”).
Plat of Shady Lakes, as recorded August 12, 1981, in Plat Book 43,
Pages 6, 7 and 8 (the Tlat of Shady Lakes”).
County Deed dated November 7, 1995, by Palm Beach CoUpty to the
City of Palm Beach Gardens, as recorded jP Official Records Book 9023, Page 1150,
of the Public Records of Palm Beach County, Florida (the “County Deed”), together
The Borland Center/ Shady Lakes Il~ve
1.
2.
8.
4.
RECEIVED: 8/ el02 ~:aonm; -c.I-w- L-YL.I.Y-. _.__, ... . , .
JUN-06-2882 08:19 Ram Realty Seru ices 561 630 6717 P.04/05
..
c
MEMORANDUM
To Len Rubin
From Steven Cohen
May 14,2002
Page 2
with Resolution No. R-95-1540 of Palm Beach County Board of County
Commissioners (the “County Resolution”).
5. Easement Agreement dated September 8, 1998, between John D. and
Catherine T. MacArthur Foundation to the City of Palm Beach Gardens, as
recorded in 0ffiCja.l Records Book 10628, Page 1863, of the Public Records of Palm
Beach County, Florida (the “Easement Agreement’).
6. Special Warranty Deed dated October 15, 1999, by Communities
bance Company to Palm Beach Community Church, as recorded ;in Official
Records Book 11417, Page 293, of the Public Records of Palm Beach County,
Florida (the ”Borland Center Deed”).
As you know, the enforceability of posting and viewing rights-of-way has
been a continuing legal issue. Posting and viewing rights-of-way such as the one
created by the Posting and Viewing Resolution in 1925, at best, creates 8a
easement interest in the subject property. This view is shared by local title
underwriters, as well as Palm Beach County staE The subject Posting and
Viewing Resolution, therefore, created an easement along the easterly 50 ft. of
Section 2, Township 42 South, Range 42 East. I understand that Shady Lakes
Drive is located completely within this 50 ft. strip. The subject Pos-ting and
Viewing Resolution also created an easement along the westerly 50 ft. of adjoining
Section 1, Township 42 South, Range 42 East, including the strip known as Parcel
06.A2.
Cinnamon Plat No. 2 shows the 50 ft, road right-of-way located in Section 2,
although this ‘‘xight-of-Waf’ is outside of the boundary of the plat and not dedicated
nputsuant to the plat. The Plat of Shady Lakes shows a 100 ft. “existing Palm
Beach County right-of-way” and purports to dedicate ‘‘id streets shown to the City
of Palm Beach Gardens”. Obviously, the developer could only dedicate that
property which it owned.
In 1995, the County by County Deed quitdaimed to the City, whatever
interest it had in the easterly 50 ft. of Section 2, as well as the westerly 50 ft. of
Section 1 (“Parcel 06.M”). This County Deed, at best, conveyed the County‘s
easement interest to the City. &I of that date, John D. and Catherine T.
MacArthur Foundation, (as a predecessor in title to Communities Finance
BB
RECltlVtU: PI OlVL I .“u-..‘, . ... -. . a JUN-06-2082 88: 19 Ram Realty Seruices - I .. 561 630 6717 P.05/05
. -
P
MEMORANDUM
To Len Rubin
From Steven Cohen
May 14,2002
Page 8
Company and Palm Beach Community Church) was, in fact, the owner of the fee
interest in the westerly 50 ft. of Section 1. (Parcel 06.M). It is also interesting
to note that although the County Deed quit-claimed the County’s interest in the
100 ft. strip, the accompanying: Agenda Item Summary and County Resolution
refer to Shady Lakes Drive as a 50 ft. road right-of-way.
In 1998, the MacArthur Foundation and the clty entered into the Easement
Agreement, providing, in part, for the installation and maintenance of landscape
improvements within the westerly 50 ft. of Section 1 Parcel 06.M). This is
consistent with the conclusion that MacArthur Foundation continued to own the
fee interest in Parcel 06.N after the County Deed to the City.
Palm Beach Community Church took fee title to Pace1 06.M per the
Borland Center Deed, as described above. Of course, this ownership was subject to
numerous easements and other encumbrances, including the Posting and Viewing
Resolution, as conveyed to the City, as well as the Easement Agreement.
bally, I reviewed the official Tax Map for Section 1, Township 42 South,
Range 42 East. The Property Appraher’s Office clearly shows the entire Borland
Center property (including Parcel 06.M) as a single property co~~trol no. 52-42-01-
00-000-7020, subject to a dotted line for the encumbrance cxeated by Official
Records Book 9013, Page 1150.
In summary, Shady Lakes Drive, ae now laid out and in use, is located
within the easterly 50 ft. of Section 2, Township 42 South, Range 42 East. The
westerly 50 ft. located within adjoining Section 1, Township 42 South, Range 42
East, is currently owned in fee by Palm Beach Community Church subject to
easement interests created by virtue of the Posting and Viewing Resolution, aa
quit-claimed to the City, as well as the Easement Agreement between MacArthur
Foundation and the City.
CC: Raymond W. Royce, Bas.
JFIN-05-2005 11:49 SFWMD 15616826896 P.lW12
RECEIVED
Cotleur & Hearing
Londrcape Architects
Land Plannen
Environmental Consultants
August 19,2004
Mr. Louis Colon
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
Re: Borland Center W.R.A.P. Analysis
CH #981205.01
Dear Louis:
Please find enclosed a completed W.R.A.P. Analysis for the 2.08-acre wetland located
on the Borland property. This W.R.A.P. Analysis is a follow-up to yaur meeting on-site
for the purpose of the same with Mr. Peter Quincy, of our office. A preliminary copy of
the W.R.A.P. Analysis was forwarded to you last week by Mr. Quincy. The analysis,
enclosed herein, incorporates my input and has been properly calculated in accordance
with the prescribed procedure.
I would request your review and written approval of this W.R,A,P. score so we can
proceed with acquiring a contract for the mitigation credits of the Loxahatchee Mitigation
Bank. We understand that an additional 15% multiplier will be required to account for
time-lag and risk in accordance with the LMD permit,
We thank you for your assistance. Should you have any questions or need any
additional information, please do not hesitate to contact me.
Sincerely yours,
DEWmlb
Endosure
CC: Hank Gonzalez Uri Man
Bob Zucarro
Maplewoad Professional Center
1934 Commerce Lone - Suita 1
Jupiter, Florida 33458
tic.# lCC000239
hap://www.cadeur-hearing.com
561-7476336 FAX 561.747.1377
.
1
Cotleu& Hearm
Landscape Architects
Land Planners
Environmental Consultants
Mark Hendrickson
C/O Tala1 Benothman
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 3341 0-4698
Re: Borland Center for Community Enrichr
Offsite Upland Habitat Mitigation
CH Project # 98-1205.01
Dear Gentlemen:
On behalf of Ram Development Company and tl
Enrichment please accept this corresponde
submittal to the City to provide 4.33 acres of pi
mitigate for impacts to similar habitat on the Bor
Environmental Assessment for the Borland Ce
the City; identified 17.29 acres of pine flatwooc
site thus requiring 4.32 acres of preservation.
While the applicant will make every effort to pre
those adjacent to the PGA corridor, the deb
facilitate preservation. As documented in our JL
and our Engineering Reports, the Unit 2 draina
grades of the site, require an average of 2 to
condition far less than optimal for the prese
habitat. Recognizing that the required upland
represents only 43% of the 10 acre size
comprehensive plan to be a sustainable / viab
has requested City Council’s approval to provic
with the Land Development Regulations [LDR
proposal includes 4.34 acres of pine fl
approximately 7.77 acres of high quality wf
proposes to place approximately 12.1 1 acres
Conservation Easement in favor of the City of P
Maplewood Professional Center
1934 Commerce Lane - Suite 1
Jupiter, Florida 33458
Lic.# LC-COO0239
http:/www.cotleur-hearing.com
561-747-6336 FAX 561-747-1377
July 18, 2003
lent
e Borland Center for Community
ice as the applicant’s official
ie flatwood upland “set aside” to
and Center site. The applicant’s
Iter, submitted and accepted by
habitat (FLUCCS code 411) on
ierve individual trees, particularly
3lopment of the site, does not
ne 12, 2002 submittal to the City
je requirements and the existing
2-112 feet of fill. This creates a
vation of slash pine (flatwood)
set aside” [LDR 78-250 (3)(b&c)]
threshold recognized by the
e “set aside” area, the applicant
5 offsite mitigation in accordance
78-249 (b)(2)]. The applicant’s
atwood habitat, together with
Itlands. In total, the applicant
If native habitat into a Perpetual
alm Beach Gardens.
.> , ... .. I
.
Mark Henderson
C/O Talal Benothman
City of Palm Beach Gardens
Re: Borland Center for Community Enrichment
Offsite Upland Habitat Mitigation
CH Project # 98-1205.01
July IS, 2003
Page 2 of 2
,LM BEACH COMMUNITY CHURCH\Llr lo Mark Hendrickson.doc
The applicant proposes an eco-system manage
integral to a regional ecological system. The SI
north side of the Beeline Highway, opposite the
The subject property is adjacent and contiguou!
acquired by the South Florida Water Manage
County to implement the goals and objec
Everglades Restoration Plan (CERP). Additi
area is integral to the restoration of the Loxahatc
The applicant's approach to conserve wetlands
upland set aside is consistent with the intent of
This approach provides for increased functic
including numerous threatened, endangered E
The applicant further proposes to enhance and r
wetlands on the site, which will remain in consc
the citizens of Palm Beach Gardens.
Please find enclosed with this correspondenc
assessment together with vegetation FLUCCS I
the site. Should you have any questions or
please do not hesitate to contact me.
Sincerely yours,
DEHlmlb
Enclosures
CC: Casey Curnmings
Hank Gonzalez
Ray Royce
Talal Benothman
F:\Projecl Documents\,
ent approach and offers a site
Iject property is located on the
Vorth County Regional Airport.
to public lands that have been
lent District and Palm Beach
ves of the Comprehensive
ially, the site and surrounding
38 River Watershed.
n conjunction with the required
he City's Comprehensive Plan.
iality and habitat for wildlife,
d species of special concern.
mage both the uplands and the
vation use for the benefit of all
a copy of our environmental
ap and location map identifying
2ed any additional information,
Vita DeFrancesco
Sent by: Vito
DeFrancesco
01/26/2005 02:07 PM
Tala1 and Kara,
To:
cc:
Subject:
tbenothman@pbgfl.r
piaesq@yahoo.com
jennifer-sorentruefj
DW EISBER@co.p;
LBERGER@co.pal
Borland documentec
I have two documents that are recorded at the PB County Cour
send you. These files are somewhat large so I will send two se
"Bookl 7938/Page1702 thru 1707 and Bookl 7794/Pagel700 th
On Oct 13,2004 and December 22,2004, Ray Underwood sigr
on the property he owns. Each document identifies and include
the land for the Shady Lakes drive right-of-way. Ordinance 10,
be deeded to PBG within 30 days from the Development Order
expired at the end of 2003 instead of the end of 2004. As you u
time ever that a concurrency reservation was extended by PBG
Development Order and because of that fact, conditions with SF
developer to insure compliance to this gift that PBG gave to the
The development Order was issued in the first week of August
record for this site) is giving away certain interest in this land as
You told me last evening that you had some sort of document s
hope that the date of the instrument you mentioned is dated latc
that is recorded at the PB County Court House.
Have a great day.
Vito DeFrancesco
Borland 12-22-2004.p~
n, kirwin@pbgfl.com
:hard@orman.org,
bpost.com, richard.post@dca.state.fl.us,
I-beach.fl.us, KMARCUS@co.palm-beach.fl.us,
beach.fl.us
?corded at PB County
ouse which I will attach to an e-mail and
rate e-mails. (PB County records
1705)
I documents giving away certain rights
47.1 acres more or less, thus including
I03 and LDR 78-77 required this land to
the concurrency reservation would have
recall, Ordinance 10,2003 was the first
lr a development that did not possess a
:ific a time table was placed on the
srland.
04, yet Ray Underwood (the owner of
te as December 22,2004.
ut an additional land transfer, I would
than the December 22,2004 instrument
Palm Beach County Property Appraiser Property Search System
Property Information I
Location Address: PGA BLV
Page 1 of2
Municipality: PALM BEACH GARDENS
Subdivision:
Parcel Control Number: 52-42-42-01-00-000-7020
Official Records Book: 11417 Page: 0293 S?
Name: PALM BEACH COMMUNITY CHURC h
le Date: Oct-1999
PALM BEACH GARDENS FL 33410 4 231
Mailing Address: 3970 RCA BLV STE 7009
r Owner Information 1
. Sales Information
Sales Date Book/Page Price Sale Type
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
1
Owner
Tax Year 2004
Number of Units: 0
*Total Square Feet: 0
Oct-1999 11417/0293 $4,000,000 WARRANTY DEED
Mar-1999 11025/ 1180 $1 19,553,900 WARRANTY DEED
Oct-1992 07501/0566 $100 DEED OF TRUST
- Exemptions
Exemption Information Unavailable.
Use Code: 1000
PALM BEACH COMMUNITY CHURCH
- Assessed and Taxable Values I 1
Tax Year:
Ad Valorem:
Non Ad Valorem:
Total Tax:
Tax Year: 2004 I 2003 I 2002 1
Assessed Value: $3,687,634 $2,581,6121 $5,027,/50
2004 2003 20021
$40,353 $0 $1 14,b6 1
$4,863 $4,136 $13,b44
$45,216 $4,136 $128,b05
b
NOTE: Lower the top and bottom margins to
Record Search I Informabon 1
up menu option in the browser to print the
mployment I New Home Buyer I Office Locabons
detail on one page.
m Palm Beach County Property Appraiser Property Search Syste
Municipality: PALM BEACH GARDENS
Subdivision:
Parcel Control Number: 52-42-42-01-00-000-7030
Official Records Book: 11417 Page: 293 Ss
1-42-42, S 1060.26 FT OF ELY
Legal Description: OF & ADJ TO PB32Pl39 (LESS
r Owner Information
Page 1 of 1
le Date: Oct-1999
1002.47 FT OF SW 1/4 LYG S OF & W
S 60 FT, TRGLE STRIP & RTN
I
Property Information I
Location Address:
- Assessed and Taxable Values
Tax Year: 2004 2003 2002
Assessed Value: $4,010,440 $2,807,308
Exemption Amount: $4 $9
Taxable Value: $4,010,444 $2,807,304
I
$0
$0
$0
1 Name: PALM BEACH COMMUNITY CHURC
Mailing Address: 3970 RCA BLV STE 7009
PALM BEACH GARDENS FL 33410
Sales Information
Sales Date Book/Page Price Sale Type
Oct-1999 11417/293 $4,000,000 WARRANTY DEED EACH COMMUNITY CHURCH
Exemptions
Exemption Information Unavailable.
r Appraisals
Tax Year 2004
*Total Square Feet: 0
Tax Year:
Improvement Value:
Land Value:
Total Market Value:
Description: VACANT CO MERCIAL
* In residential propertles may Indica t e llvlng area.
Use Code: 1000
r Taxvalues 1
L
Tax Year: 2004 2003 2002
Ad Valorem: $89,562 $63,280
Non Ad Valorem: $4,661 $3,964
Total Tax: $94,223 $67,244
I
L
Tax Year: 2004 I 2003 I 2002 1
Ad Valorem: $89,566 $63,2801 I $0
Non Ad Valorem: $4,6611 $3,9641
Total Tax: $94,2231 $67,244
I
NOTE: Lower the top
detali on one page.
J __ -- . .. :. . "
L
NAME OF PROJECT
DEVELOPMENT c
haveartcrcdimau
and/or conttolled by D
apmhmof,herrina
execuring the Developer Agrem
gram the Authority all
partoftheproperty for
ea~emtnts required by Authority, upon th
Authority's auhniixtion to substitute thc D
needs.
'he Developer Agnement and
Developer and its rrspective ius@ and 9ucccsaors by
subject to the tenas and conditions of the Developer
Agreement, the terms of the Developer Agreanent shall
successors of Developer can be determmed by areview of
Page 1 of 6
Book1 7938/Page1702
CFN 20040728377
OR BK 17938 PG 1702
RECORDED 12/26/2864 10:41:21
Palm Beach County, Florida
Dorothy H Wilken, Clerk of Court
Pge 1702 - 17871 (6pga)
'ENRICHMENT
GREXMENT
~lhb, 2004, by and between RAM
Id SEACOAST UTILiTY AUTHORITY,
m for the provision of water andlor
eloper inPaImBeach Couaty, Floridnand
rrefurtdto8s;the"Roperty".
kt, the terms aad COIYUtioIIB Of which are
z has agncd to certain matters, including
site water aatment and sewage collection
I tothc Authority in aceordance with the
xovide. utility service to the Property and
f-way, rights of ingress and egress to any
In the event heloper fails to deliver any
Developer Agreement shall Serve as the
dcd easeaezll sufficjent for the Authority's
Developer Agrcurmt are bindiog upon
1% conveyance or otherwrse . whichshallbe
i Mwnorandum of Developer Agncment.
of ram, fees and charges. In the event of
eemeDt and the te.rmB of the Developer
and obligations of any assigns and
Agrfxmcnt and a copy of which
Page I of 6
."
TBE BORLAND CE- FO R CO-
NAME OF PROJECT
AttCSt:
Mi
both personally kwwn to IM.
Page 2 of 6
Book1 7938lPage1703
ENRICHMENT
eveloper Agmment was ex4 this
'UTILITY AUTHORITY
bad
Gardem, Florida 33410
&/. ie4vw
Page 2 of 6
.. I
Book1 7938/Pagel704 Page 3 of 6
.' I
JOINDER AND CONSENT OF PROPERTY
(If other than Developer)
"€€I$ BOWLAND CENTER FOR CO CHMENT
0-
Book1 7938/Pagel705 Page 4 of 6
THE BORLAND CENTER FOR COMlWMkY ENRICHMENT
NAME OF PROJECT 1
- state of moridrr
Book1 7938/Pagel706 Page 5 of 6
LEQAL
THE BORLAND CENTER FOR COMMUNITY ENRICHMENT
Project Name
E 42 EAST, WITHIN ME MUNICIPAL
FLoRloA,ANDBElNQMoRE
TOTHE BOARD OF CO RIGHTM-WAY DEED RECORDED IN THE OFFICIAL RE
FLORIDA. K 6898, PAGE 202 RECORDS OF PALM BEACH COUNTY,
EXHIBIT 'A"
Page 6 of 6
Book1 7938/Pagel707 Page 6 of 6
.
This instrument prepared by
and return to:
Seven Cohen, Esq.
Holland 6t Knight UP
222 Lakeview Avenue, Suite 1000
West Palm hch, Florida 33401
CF'N 20Q4066214B2
OR BK 17794 F'G 17041
RECUIDED 11122f2884 15:17:21
Palm Beech Cuunty, Florida
Dorothy H Yilken, Clerk of Court
PgE 170QI - 1785; t6pg~)
from Orantor, fw
EascmentPropeay;
mElREAS,GrantDrhas
NOW THEREFORE, in
the parties hereto and the sum of
consideration, the TedpK and adequacy
as follows:
00) and other good and valuable
owldged, the parties do hereby agree
1. The ah recitals are d are incorporated herein.
2. Subject to any express OM or reservations contained
construction and maintenance of smrm water an
aintainfng, repairing
1
Book1 7794/Pagel700 Page I of 6
. I
appurtenances contained therein, m may be reasonably n aty to cam out the purpose of this
Drainage bent.
4. No easement righis contained in this Easement shall be terminated,
Public Records of Palm Beach
nded except purrmant to written instrume
or their successors or assigns, and recorded
additional nonexclusive easctnents
ole and abedutc discretion, without
additional easmcnts
d in accordance with the laws of dre
State of Florida.
assigns of the Grantor
hereunder shatl run wi
IN MlRJEss WHEREOF, Easement as of the date and
year written ah.
Signed, sealed and delivered
in the presence of:
ITY CHURCH, INC.,
2
Book1 7794/Pagel701 Page 2 of 6
.
STATE OF FLORIDA 1
: 89.
COUNTY OF PALM BEACH )
The regoing instrument was acknowledged before m
derwood, as Ptcsident of Palm Beach Comml
:ow+&, on behalf of said corporation He is & - as identification.
Name o
Book1 7794/Page1702
* this 13- day of October, 2004 by
L~~, Inc., a Florida not-for.
dy L known &&.oT _I has produced
dotary Printed:
Page 3 of 6
.
I
THIS IS NOT A SURVEY.
hh Worth FL 33463-2602
phone 661-8668787 8& 661-986-
Book1 7794/Pagel703
I
OAIE: 10-08-04
JOB NO. 51WA-2 IU(
~
Page 4 of 6
THIS IS NOT A SURVEY. US/<! ,e.. SHEET 2 OF 3
I
5050 loth Awnue Nod Suite B - W Whh FL 88463-2602 Fblw 66i-86&87117 h 661-PBS-8968 I land surveyors -
Book1 7794/Pagel704
~
Page 5 of 6
I* I
15.0' DRAINAGE EASE 4 ENT
PALM BEACH GARDENS, PALM
€-QUARTER OF SAID SECTION
ALONG THE WEST LINE OF
1080.05 FEET TO AN
IN PLAT BOOK 34,
THENCE SOUTH 88
1, A DISTANCE OF 16.33
GARDENS LAKES AND GARDEN
SQUARE SHOPS AND
CONTAINING. 4428 S
D OF SAID CENTERLINE.
NOTE:
NO SEARCH OF THE PUBLIC RECO
1 HEREBY CERTIFY THAT KETCHREPRESENTEDHEREON, MEET THE MINIMUM TEC DESCRfPTIONS IN THE STATE OF
STATUTES.
DATE: 1O-08-04
DAILEY-FOTORNY, L.B.No. 1376
PROFESSIONAL LAND SURVEYOR
FLORIDA REGISTRATION No. 2297
THIS IS NOT A SURVEY.
1 OaileyFatoPny, inc. land surveyors - planners
Book1 7794lPagel705
DATE: 10-08-04
I
I Page6of6
COURT OF THE FIFTEENTH
IN AND FOR PALM BEACH
CNIL DMSION
Dorothy H UiLken, Clerk of Court
UFN *20040174099 OR BK 16739 PO 0055
RECORDED 03/31/2004 12:43r57
Palm Beach County, Florida
VG?, /
SnPUlAd-bbl. >d' ,FDR ,.* DIS MISSAL AND
/Ad Plaintiff and Defenda'h, thnugh their undersigned
PALM @E&&l COMMUNITY CHURCH,
I
INAL JUDGMENT
counsel, stipulate and agree as
a Florida*br-proflt corporation, . y"k /qaintifi,
*--11.1
GARY R. NIKm,
Property
GM
follows:
.. , .
1. This cause involves a of the PlaintifF's
real property located in Palm Beach
2. The assessments for
Property Control Number 'z*)k &'.> Final Value 2002
f.7
52-4242-0 1-OO-000-7020
The amount of taxes due on the revised
Beach County Tax Collector who shall either
refund to payee, whichever is appropriate.
Book1 6739/Page55
I
Page I of 4
3. This good faith stipulation is in settlement of a contested matter and is not
an admission on the part of any party as to the correct/less of appraisal procedures, nor
shall it establish the value for the subject property for ady subsequent year, not shall it be
admisslblq any judicial or quasi judicial proceeding 04 set forth In any pleading for any
I '+'-
4.vdacbparty shall bear its own costs of suit and attorney's fees.
5.
k; ,.r V-P \</ e
+P@,the carrying out of the foregoing tipuiation, this cause shall stand
bl.
dismissed without $dQh&r Order of the Court,
March, 2004.
301 North Olive Avenue
West Palm Beach, Florida 33402
2
Book1 6739/Page56 ~ Page2of4
4
the same to be just, it is
ADJUDGED that the parties a
of the foregoing Stipulation,,
DONE ANQQhERED in Chambers at West
I CASE NO.: CA 02-15177 AB
’e ordered to caw the same out,
this cause shall stand dismissed
Falm Beach, Palm Beach County,
FINAL JUDGMENT OF DIS~~IISSAL
THIS CAUSE came before the Court upon the foregoing Stipulation for Dismissal,
Florida, this > 1% ‘.;7 bf March, 2004.
Book1 6739/Page57
I Page 3 of 4
I I
CFN '3300401740'37 OR BK 16739 PG 0047
RECORDED 03/31/MoI 12:43:57
Palr Beach County, Florida
Dorothy H Yilkcn, Clerk of Court
4 $\D PALM 6- COMMUNITY CHURCH,
corporation,
vs.
JOHN K.
County Tax Coll
COURT OF THE FIFEENTH
IN AND FOR PALM BEACH
CIVIL DMSION
Plaintiff and Defenda
follows:
Property Control Number
5 2-42-42-0 1-00-000-70 20
refund to payee, whichever is appropriate.
Book1 6739/Page47
I Page I of 4
3. This good faith stipulation is in settlement of a contested matter and is not
an admission on the part of any party as to the correctness of appraisal procedures, nor
shall it establish the value for the subject property for any subsequent year, not shall it be
admissiblw any judicial or quasi judicial proceeding or set forth in any pleading for any
costs of suit and attorney’s fees.
the foregoing Stipulation, this cause shall stand
dismissed Order of the Court.
h, .A/ Jay R. Jacknin, Esq. ’ 2 Robery L. Saylor, Esq.
CHRISWINSEN & JACl&&$
c/o Property Appraiser‘s &#,
Governmental Center - 5th-
301 North Olive Avenue F
The Barristers - Suite 100
1615 Forum Place
West Palm Beach, FL 33401
Telephone: (561) 697-8700
Bar Number: 132481
West Palm Beach, Florida 33402
Bar Number: 962562 I
(561) 355-2142
By:
Attorney for Tax Collehr
2
CASE NO.: CA 01-13524 AB
FINAL JUDGMENT OF DISMISSAL
THIS CAUSE came before the Court upon the foregoing Stipulation for Dismissal,
the same to be just, it is
ADJUDGED that the parties are ordered to carry the same out,
of the foregoing Stipulation, this cause shall stand dismissed
x.
without fur&&@$jer of this Court.
Florida, this Nf March, 2004.
QJ ?*
DONE ANCC9Rt)ERED in Chambers at West Palm Beach, Palm Beach County,
3
, , . . . . . I ~ .....,_ ., , _-., . . . .. . .__..._ .__I ,__...-..._-_- ”_ _. .-. .. ..
Book1 6739/Page49 Page 3 of 4
SERVICE LIST
Robert L. Saylor, Esq.
Law Ofnces of Robert L, Saylor, P.A.
The Barristers, Suite 100
1615 Forum Place
Attorneys for Pr
4
.... -_ _..... _-_._ ... , . , . , _. , _.-.-. ,_.-.- ,.A .-,. ”. , ~ ~ ., - .
Book1 6739/Page50 Page 4 of 4
b
J Prepared by and return to:
Karm D. Oeller, Esquire
Gunstcr. Yoakley & Stewart, P.A.
800 S.E. Monterey Commons Boulevard
Suite 200
Stuart,FL 349%
05/08/2002 11;39:31 20020234035
OR BK 13684 PO 1229 Palm Beach County, Flarida
ORANDUM OF AGREEMENT FOR PURCHASE AND SALE 'i &&f
TI%.C%jff%j$MORANDUM OF AGREEMENT FOR PURCHASE AND SALE is
made and &&r<d into as of thee!' day of May, 2002, by and between PALM
BEACH COlvraaUJQ@Y CHURCH, INC., a Florida corporation (hereafter the
"Seller") and R@f LOPMENT COMPANY, a Florida corporation (hereafter the "Buyer"). i/m fd
WITNESSETH:
Buyer have entered into a certain Agreement for
herewith (the "Agreement") pursuant to which
and Seller has agreed to sell that certain real
hed hereto and by
Palm Beach County, property and all improve
reference incorporated h
Florida, as more particula
WHEREAS, Seller an ublic on notice of the
ns of Seller and Buyer existence of the Agreem
in accordance with the t
NOW, THEREFORE, in co
good and valuable consideration,
which are hereby acknowledged, the
agree:
greement and for other
and legal sufficiency of
hereby acknowledge and
1. The above recitations are true and are incorporated
herein and made a part hereof.
2. This Memorandum of Agreement for&qase and Sale is recorded
to give notice of the Agreement and of Seller's an ~@a-'s respective rights and
obligations thereunder, which Agreement has bee((<&cuted and is binding
upon the parties hereto subject to the terms thereof.'c-.$?.
BOOK 13684 PRGE 1230
3. Nothing contained herein shall modify, change or supersede the
Agreement, or any of the terms, covenants or conditions thereof.
ITNESS WHEREOF, this Memorandum of Agreement for Purchase
duly executed by the Seller and Buyer as of the date and
year written.
PALM BEACH COMMUNITY CHURCH, INC.,
a Florida corporation ("Seller")
(CORPORATE SEAL)
STATE OF FLORIDA
COUNTY OF PALM BEACH-) \ L.. LJ
NC., a Florida corporation, on
produced a Florida Driver's License fo
.
BOOK 13684 PClGE 1231
RAM DEVELOPMENT COMPANY,
The foregoing in&
of RAM
t was acknowledged before mc this& day of
LOPMENT COMPANY, a Florida corporation,
is J personally known to me or - who
May, 2002, by HE
produced a Florida Driver's Lic
on behalf of the corporation an
, as P~e-3 /m=-w 7
3
4
0WK 13-4 PFIGE 1232
Dorothy H. Wilkon, Clerk
EXHIBIT "A"
LEGAL DESCRIPTION
Parcels@.$md 6.A2
A parce1b situated in Section 1, Township 42 South, Range 42 East,
within the q$f.ipal limits of the city of Palm Beach Gardens, Palm Beach
County, Mor da, q-ing more particularly described as follows:
That part of &bathwest Quarter (SW ?4) of said Section 1, Township 42
South, Range 422hst; lying Westerly of the West Right-of-way Line of Military
Trail; LESS and therefrom the Plat of Garden Lakes and Garden
Square Shops Book 34, Page 139; also LESS that portion
elongation of the North line of said Plat of
Garden Lakes Shops as shown in Plat Book 34, Page 139;
also LESS the Southwest Quarter (SW ?A) of said Section
lying Northerly of
1, Township for P.G.A. Boulevard Right-of-way; also
LESS that Book 1378, Page 145, also LESS the
of Palm Beach County,
Florida by the Right-of-way Dee a-orded in O.R. Book 6898, Page 202, Public
Records of Palm Beach County, @lahda.
8%. // 0
p
\">/*- {p:;')
&>./e\
e
/' 2- Tf b7 &3,0
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT,
IN AND FOR PALM BEACH COUNTY, FLORIDA
CIVIL, DIVISION
Y.J.J. ry
CHURCH, hereby appeals to th@ki&ct Court of Appeal of the State of Florida, Fourth District,
the final order of this Court ren
Brown. The nature of the order on P
attached as Exhibit 1.
ruary 7,2002 by Circuit Court Judge Lucy Chernow
Community Church’s Motion For Rehearing
L
BOOK 13497 PRGE 1319
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that atrue and correct copy ofthe foregoing is being furnished by U.S.
Mail this b day of March, 2002 to: Jay Jacnin, Esquire, and Eddie Stephens, Esq., 301 Olive th
Beach, FL 33401 and Brian Hanlon, Esq., Post Office Box 3715, West Palm
Attorney for Plaintiff/Appellant-
Law Oflees of Robert L. Saylor, P.A.
The Banisters Building - Suite 100
16 15 Forum Place
West Palm Beach, FL 33401
Telephone: (561)697-8700
Facsimile: (561)697-3 135
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BOOK 13497 PFlGE 1320
IN THE CIRCUIT COURT OF THE FIFTEENTH
CIRCUIT OF FLORIDA, IN AND FOR PALM
BEACH COUNTY, FLORIDA-CIVIL DIVISION
CASE NO.: CL 00-1 0458 AF
PALM BE rp 4FUNlTY CHURCH,
Plaiq
vs. *L; <’
y?;y3i
p.. 0 GARY R. NlKOLl yet’. al.,
Defendant(gt @,
t!?*,; I -/,> ,
ORDE~ AYING MOTION FOR REHEARING
RE: PLAINTIFF’S MOwPwR REHEARING DATED FEBRUARY 1,2002 /!
THIS CAUSE came ::$%e Court on Plaintiff’s Motion for Rehearing, and the
Court having reviewed the motio and being otherwise advised in the premises,
it is hereby
ORDERED AND is DENIED.
DONE ANDORDERED in
0 7 Florida, this - day of FE6RUARY,
W B-,,
$b’trW BROWN, Circuit Judge
Copies:
ROBERT SAYLOR, €sa.
1615 FORUM PL. #lo0
W. PALM BEACH. FL 33401
JAY JACKNIN. ESQ.
EDDIE STEPHENS. ESQ.
301 OLIVE AVE.
W. PALM BEACH, FL 33401:
BRIAN HANLOFI, ESQ.
P.O. BOX 3715
W. PALM BEACH. FL 33402
.
BWK 13497 PRGE 1321
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
PALM BEACH COMMUNITY CHURCH, CASE NO. CL 00-10458 AF
a Florida not-for-profit corporation,
Plaiw, CLOSE FILE
Palm Beach County
and JOHN K. CLARK,
Tax Collector,
Defendants. ,+ C)
I
the Court for Final Hearing without jury on December
of counsel for the Plaintiff, Robert Saylor,
and Eddie Stephens, and reviewed
the exhibits admitted into evi&&p and the testimony of the witnesses. This Court
makes the following findings:
t
This case involves of a denial of a religious exemption for the
as Property Control Number 524242-
mixed use planned community. The
being used as "prayer services".
The Property Appraiser's
contention that his decision is protected b of correctness" is
misplaced. This Is for certiorari where
the Court is looking at the transcript to see
findings were based on substantial and competent
2000 tax year on a 47
01-00-000-7020) which
basis for the Plaintiffs
The Court has considered the eviden
this Court
------------"..----I- .. .
BOOK 13497 PnGE 1322
Palm Beach Community Church v. Nikolits
Case No. CL 00-1 0458 AF
Final Judgment Page 2
!a5 finds there is no “presumption of correctness” in favor of the Property Appraiser. Rather,
the burden of proof is on the plaintiff to demonstrate de FiettveEttrcto the Court through .
entitled to the exemption, and the Court has analyzed the evidence
noVQ
ipulation and it is undisputed that the church, the plaintiff, is a bona fide
tatus of property is determined on January I of each year. Section
192.042, Florida Stqb@. This is the date on which the property appraiser determines
whether a particu&$@l of property is entitled to exemption from taxation for the tax
L/ year. Paae v. Citv of Femdina Beach, 714 So.2d 1070 (Fla. 1 st DCA 1988). Overstreet
v. Tv-Tan Inc. 48 So.2d ‘@la. 1950), Dade County Taxincl Auths v. Cedars of Lebanon
HOSD. Corp., 355 So,2d A&>? (Fla. 1978), Lake Worth Towers, Inc. v. Gerstrunq,262
So.2d 1 (Fla. 1972). For thdase at hand, this Court must look at the use of the subject
,-
-67
L’ property as of January 1 , 2000(0 1
The issue is use and the whether the Plaintiffs religious use
of the property was predominant or and whether development activity counts as a
.-- __ use.
The definition section of
any right or power over real or personal
Speculation, participation, and
the property over the property
“use” as the exercise of
to the ownership ofthe property.
In the Court’s view, that & development activity.
of the right of the owner of
If the Plaintiff participated in development activity rning future developmentof
the subject property, that would be a use.
Having found did participate in
development after the January
. .
BOOK 13497 PRGE 1323
Palm Beach Community Church v. Nlkollts
Case No. CL 00-1 0458 AF
Final Judgment Page 3
1 , 2000 date, did develop prayer trails. Even before January 1 st of 2000, there were some
members of the church who utilized the natural area for praying, communicating the
spiritual existence of God or nature, and other church related activities.
:On riteria provided under Florida Statute 196.1 96, which both parties agree
is gove in$' e nature and extent of the religious activity of the applicant comparing
such activv&Qll other activities of the organization and the utilization of the property
for religious t$o@jk uses".
There are two mas to compare. We have some members of the church that have
We also have
-*Q
.- -5
Qj +--
or religious activity.
in active development and participation in development
the distinction of "we didn't go out and market it",
shows that the Plaintiff was at one time
involved with activities with speculation. See Gradv v.
Hausman, 509 So.2d 1316 (Ha
The evidence was that the p
by the Plaintiff, knew that the prope
activity.
Hank Gonzalez, that was hired
mixed use only. He was very -4
experienced. He had about 30 years in t# knew what mixed use zoning meant.
been made to learn, before the The inquiry, if it wasn't made
sale closed on the second as to what that meant.
What that meant was you land. You have to have
residences and commercial, as
dollars was paid for the right
o church use.
The contract was renegotiated and then another
to build the development in other ways, and not just
That was something they bargained for, got on and became
advertising. actively involved in, if not in going out and asking
. . *,: , BOOK 13497 PFIGE 1324
Palm Beach Community Church v. Nikolits
Case No. CL 00-10458 AF
Final Judgment Page 4
The Plaintiff entered into a contract with Summit Properties to sell off eleven acres on the
extreme west end. That was significant activity.
that the use of the forty-seven (47) acres was either
or predominately for religious activity, under these particular
which the parties agreed was January I, 2000, that the
being used for any religious purpose which would
facts.
of the exemption.
urt finds the Plaintiff has failed to carry
regard to presumption
Accordingly, it JUDGED as follows:
1. Judgme s hereby entered in fsvor of Defendants and
against Plaintiff.
2. The Property of a religious exemption for the 2000 tax year
on the Plaintiffs real prope
7020) is upheld.
I
3. The Court retains jurisdi .award costs to the Property Appraiser
pursuant to Section 494.192, Florida Stat
in Chambers
of January, 20
BOOK 13497 PFIGE 1325
Dorothy H. Wilken, Clerk
Palm Beach Community Church v. Nikolits
Case No. CL 00-10458 AF
Final Judgment Page 5
SERVICE LIST:
Robert L. Saylor, Esq.
1-6 The Barristers
161 5 f orur6@ace
Jay R. Jab -& a.
and Eddie!@&wns, 111, Esq.
c/o Property A iser's Ofiice
Governmental Cenf$h Floor
301 North Olive AY
West Palm Beach, ,,k, 401
Attorneys for Property
Brian Hanlon, Esq.
C/o Palm Beach
Post Office Box 371 5
West Palm
CHRISTIAN &~)ACKNIN
,
J
01 /m2082 09: 46:45 20028047958 OR BK 13350 P6 1764
Palm BePch Corrnty, Flo,rida
IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT
IN AND FOR PALM BEACH COUNTY, FLORIDA
ASE NO. Ct 00-10458 AF
CLOSE FILE
PALM BEACH COMMUNITY CHURCH,
a Florida not-for-profit corporation,
PlaShT,
vs. y-Tj
+.-f =
GARY Rh$$&lTS, Palm Beach County
Property A "injser, and JOHN K. CLARK,
Palm Beach qi$hy Tax Collector,
I
'I; qw e!!; -_
JUDGMENT FOR DEFENDANTS
THIS CAUSE c Hearing without jury on December
ions of counsel for the Plaintiff, Robert Saylor,
Jacknin and Eddie Stephens, and reviewed
testimony of the witnesses. This Court
13,2001. The
and counsel
makes the following findings:
ge of a denial of a religious exemption for the
as Property Control Number 524242-
mixed use planned community. The
basis for the Plaintiff's application is that tv&76@ is being used as "prayer services".
The Court has considered the evidenGPe-m. The Property Appraiser's ' .-'> nOJ0
( (Y?)
contention that his decision is protected b-7 sum ption of correctness" is
misplaced. This Is not in the nature of an appealuh as a petition for certiorari where
the Court is looking at the transcript to see wheth&gqroperty appraiser's factual
\ !,.
r' -\ I were based on substantial and competent evide&e%&cordingly, this Court y/+?))
Yfk+ C&:d
.' WOK 13350 PCKiE 1765
Palm Beach Community Church v. Nikdits
Case No. CL 00-10458 AF
Final Judgment Page 2
finds there is no "presumption of correctness" in favor of the Property Appraiser. Rather,
the burden of proof is on the plaintiff to demonstrate de wwwiwto the Court through nova
entitfed to the exemption, and the Court has analyzed the evidence
a stipulation and it is undisputed that the church, the plaintiff, is a bona fide
of property is determined on January 1 of each year. Section
This is the date on which the property appraiser determines
of property is entitled to exemption from taxation for the tax
year. Paae v. Citv of
v. Tv-Tan Inc. 48 So.
HOW. Con, *I 355 So
So.2d 1 (Fla. 1972).
dina Beach, 714 So.2d 1070 (Fla. l*t DCA 1988). Overstreet
a. 1050), Dade County Taxing Auths v. Cedars of Lebanon
4 (Fla. 1978) Lake Worth Towers, Inc. v. Gerstrunq, 262
t hand, this Court must look at the use of the subject
property as of January 1,200@9
The issue is use and the religious use
activity counts as a of the property was
use.
The definition section of 196.012, defines "use" as the exercise of
the ownership of the property. any right or power over real or personal
In the Court's view, that & development activity.
Speculation, participation, and planning would
the property over the property and into the owe
the subject property, that would be a use.
\L-.-- f, Having found development is a use, the Court finds pflalntiff did participate in
development activities from the beginning and the Plaintiff&f6d~ter, after the January
c'
&<.=A
BMw( 13358 PCKiE 1766
Palm Beach Community Church v. Nikdits
Case No. CL 00-10458 AF
Final Judgment Page 3
1,2000 date, did develop prayer trails. Even before January 1' of 2000, there were some
members of the church who utilized the natural area for praying, communicating the
f God or nature, and other church related activities.
criteria provided under Florida Statute 196.1 96, which both parties agree
nature and extent of the religious activity of the applicant comparing
It other activities of the organization and the utilization of the property
There areFWd&es to compare. We have some members of the church that have
gone to the pk&@@nd engaged in prayer or religious activity. We also have
L*
considerable activity
activity.
in active development and participation in development
The Court does no-& vincing the distinction of "we didn't go out and market it",
or 'we didn't ask for buye&. TAe evidence shows that the Plaintiff was at one time /..
involved with activities with b @$, and hetd the land for speculation. See Gradv v.
Hausrnan, 509 S0.2d 1316 (Fla
by the Plaintiff, knew that the prope
The evidence was that the nal developer, Hank Gonzalez, that was hired
used for mixed use only. He was very
experienced. He had about 30 years In t@6k$@ie knew what mixed use zoning meant.
been made to learn, before the The inquiry, if it wasn't made before,
sale closed on the second contract or the
What that meant was you just can't
The contract was renegotiated
to build the development in other
That was something they
as to what that meant.
land. You have to have
residences and commercial, as well as
was paid forthe right
actively involved in, if not in
Th
EClOK 13350 FQGE 1767 .
Palm Beach Community Church v. Nikolits
Case No. CL 00-1 0458 AF
Final Judgment Page 4
Plaintiff entered into a contract with Summit Properties to sell off eleven acres on the
extreme west end. That was significant activity.
Theeurt cannot say that the use of the fotty-seven (47) acres was either
exclusiy@8ious activity or predominately for religious activity, under these particular
date, which the parties agreed was January 1, 2000, that the
subject propertvh not, predominately being used for any religious purpose which would
be required for th@t%g of the exemption.
ourt finds the Plaintiff has failed to carry novo ji ipx
De W’2P
regard to presumption
Accordingly, it is
1.
against Plaintiff.
2. The Property Appr&&s denial of a religious exemption for the 2000 tax year
on the Plaintiffs real property (identife Property Control Number 524242-01-00-000-
ward costs to the Property Appraiser
in favor of Defendants and
- y-* 7020) is upheld. { pq
3. The Court retains jurisd
pursuant to Section 194.192, Florida Statu
in Chamber unty,
of January, 200
c ,. BOOK Pam i7m
Dorothy H. Uilkcn, Clerk
Palm Beach Community Church v. Nikolits
Case No. CL 00-10458 AF
Final Judgment Page 5
SERVICE LIST:
Robert L. Saylor, Esq.
L 1
This Document Was Prenarcd Bvd-* *. ..
Stephen J. h4itchel1, Esquire
Annis, Mitchell, Codkcy, Edwards & Rochn, P,A.
P.O. Box 3433
Tampa, Florida 33602
SPECIAL WARRANTY DEED
$4 DEED madc ihe 6 day of October, A.D., 1999, by
Y, a Delaware corporation, hereMer calIed grantor, to:
Y CHURCH, a Florida not-for-profit corporation whose post
Boulevard, Suite 7009, Palm Beach Gardens, Florida 33410,
hcrcinofter callcd g&ty.,
(Me!m\acl hcrcin thc tcrms ''grantor" and "grantee" indude
all partie &$$ instrumcnt and the heirs, legal rcprrscntatives and
corpora~ians.~'''
assigns o K-- ..-6$i!!uals, and the successors and assi-ps of
WITNESSETH: That e&, for and in considemtion of the sum of TEN DOLLARS
($1 0.00) and other valuable co&jderations, receipt whereof is hereby acknowledged, hereby
grants, bargains, sells, diens, rcmi qAeases, conveys and confirms unto grantee, all that
certain land situated in Palm Bcach dty, Florida, viic
THE LAND 1s DESC ' /'&ON EXHIBIT 4 ATTACHED TO
AND MADE A PART&-DEED 2
*z?/--.
hereinafter called the Land,
TOGETHER with ;a) all thc
rcversions slnd appurtenances belonging
right, titlc and intcrcst of grantor in
bclonging in anyway appertaining to the
public ways (bcforc or after
of said sheets, alleys and other pubIic ways.
Land. but only to thc center Iinc
SUBJECT TO the exceptions set forth on Ekhibith'%hed to and made a part of this
ORB 11417 Pg 234 !
BUT RETAINING CLVR.WERVING unto grantor, for itself and its assigns, and for
and on behalfof nll affiliates of grantor owning or having, now or hcrcafler at any time and hm
time to time, a fee simplc interest, in he parceb of land describcd on Exhibit C attached to and
made a part of this Deed (he "Remabbg Property") or any pari or parts thcrcof, a noneiclusive
right, interest and power to use and en-ios the easements, rights, interests and appurtenances set
forth an Exhibit D attached to and made a part of this Deed subject to the conditions set forth on
mibit D.
acceptance of this Deed as evidenced by the recording thcrcof in the pubJic
Beach County, Florida, grantee, for itself and for and on behalf of all persons
g or having, at any the and fiom time to time, any right, estate, inmcst or claim
and agrccs with grantor and all affiliates and assigns of grantor
ow or hereafter at any time and from time to time. fee simple interest in the
or par& thereof, that, at the request of (i) grantor or grantor's
or owning at any time fee simple interest in the Remaining Property
ereof or (ii)any utility providcr or (iii)any governmental or
cy, authority or body, and Without paymcnt or compensation of any
owning or having any righc estatc, intercst or claim in the
ng party such rights-of-way and casements in, through, under,
rcasonably necessary to fscilitate the instaliation of
sion, water, %We;, roads, bicycle paths, landscaping,
other similar services (including, without litation, the
on Lhercof) in connection with the dcvelopmtnt and use fiom
row; provided, the location of any such right-of-w-ay,
to the locatioaof (a) then cxisting rights-of-way, easements
and across the Land, or (b)righl~-of-way and casements
ng the Land or any part thereof. or (c) an area within
ard. Such right-of-way or easement shall provide that
boundary lincs of the Land, or (d) an area within fifty
tee's access to, construction withii or mainicnanct
E with the use or development of
(SO) fcet ofthe north side of PGA
the grantee thereof shall cllsupe th
of such right-of-way or eaqernent
the Land and the grantee shall rest0
AND. thc covenants hcrein EO with the Land and, except as provided in
the immediately preceding pmgraph, sh ally tspire (ifnot sooner terminated or
expired) twcnty-one (21) years from last to die of George Bush, past
President of the Unitcd States or Jch
AND, except for the wcepti tor hereby covenants with Wtec
that at the time of delivery of this r rights, title and interests herein
conveyed im free from all encumbrances made by um-rants and will defend the title
to the Land, and all other rights, ed, against thc lawfil claims of
grantor and all persons claiming by, through or m.dcr pn *t against none olhcr whatsaevcr.
e State of Florida.
/? (I
ORE 11417 Pq 295
IN WITNESS \'HEREOF,:&antorhas hereunto set his hand and seal the day and ycar
first abovr: written.
Signed, sealed and delivcred in ow pisence: COfiVuh'lTIES FMANCE COMPANY, a
Delam carpomtion
The forc, I 1999, by R(cx kd4 u-.- .the czsv \I President of
COMMl n\n-A.NY, a Delaware coxporation, on behalf of the corporation.
ent was acknowledged before _me, *&day of &#n bQr 9
He
\
Send No.
OR3 12417 PJ 296
EX~IBTT A
LANb 1 LEGAL DESCRIPTION
Parceb 6.A1 and 6.A2
outh, Range 42 East; within the municipal
Beach County, Florida, and being more
d Scction 1, Township 42 South, Range 42
f Military Trail; LESS AND EXCEPTING
n Square Shops as shown in Plat Book 34, at
y of the WestcrIy clongation of the North line
Shops as shown in Plat Book 34, at page 12%
Quarter (SW 1/4) of said Section 1, Township
right of way; ALSO LESS that certain parcel
Book 1378, at pagc 145, public records of Palm Beach County,
the Board of County Commissioners of Palm Bcach
tecorded in Ofiicid Records Book 6898, page 202,
t
4
1.
-.
PERhiiaTTED EXCEPTJONS
Taxes for the current year and subscqucnt years.
cove~ants and easements contained in the Special Warranty Deed
Book 11 025, Page I 180, ofthe Public Records of Palm Beach County, Florida
in possession undcr existing written, unrecorded Ieascs.
ccdn Forbemcc Agreement dated April 15, 1999,
Company, a Delaware corporation, and the City of Palm
of which was recordcd in 0.R Book I 1701, at Page 1213, and
11092, Page 683, of the Public Records of Palm Beach County,
and Restrictions executed by Commdtics Finance &, 1999 and which is to be recorded
Disclosun: of Taxing Authority of Northern
in Ofiicial Records Book 63 18, page 1373.
& Light Company recorded in Official
Book 2910, page 56. (Parcels 6.Al and
rc-recorded in Florida. C
Warranty Dccd.
(Parcels 6.A 1 nnd 6.M)
6.M)
Beach Counv Utilities Company
=signed to John D. and Catherine T.
page 1399 and fLlithcr ~~~ipd to
pagc 62 and Official Records Book
9. Easement granted to Palm Company and Scacoast Gas
MacArthur
Seacoast Utility Authority in
6007. pagc 1275. (Parcels 6.A1 and 6.M)
Corporation recorded in Official Records Book
County UtiIitics Corporation
Company by the instrument recorded in Oficial
MacArthur Foundation in OfYicial
Official Records Book 5899, page
The intcrest of Seacoast Gas
Corporation by the instrument
and to Seacoast Utility
. Authority in Official Records Book Book 6007, page 1275.
Cobty Utilities
875, and was
ORB 21.417 Pp 298 ,.
further &signed to Pmples Gas System, lnc. in Official Records Book 6851, page 845. (Parcels
6.AI and6.A2)
Right of way of a \iewed'&dSpostcd mad, as set forth in Minutes of the County
Commissioners Book 9, page 434, as convcycd .to the City of Palm Besch Gardens by the
County Dccd recorded in Official Records Book 9013, page 1150. (Parceb 6.hl and 6.M)
10.
Drainage Easement vested in thc School Board of Palm Beach Counly by Final
6781, page 760, as amended by the Order recorded
is 6.A1 and 6.M)
n1 ptcd to Northern Palm Beach County Water
s Book 7819, page 1517, and Amended and Restated
cords Book 8606, page 774. (Parcels 6.Al and 6.A2)
d sewer utility purposes granted to Seacoast Utility
Book 9905, page 567 and Official Records Book 9905,
ns and easement contained in the Easement Agrement pertaining
John D. and Catherine T. MacArthur Foundation and he
recorded in Omcial Records Book 10623, pagc 1863. (Parcels
d easements contained in the Easement Agreement for
D. and Catherine T. MacArthur Foundation and he City
fficial Rrcords Book 10843, page 1629. (Parcels 6.A 1 and of Palm Beach Gardens record
16.
and Sob No.
tdL-' Matters shown on .vsweys of Lidbcrg Survcying, 1 nc. Job NO. 98-159
I
ORB 21417 Pg 388
DOROTHV H. YILXM, Clm PB CMLMY, FL
EXHIBIT "D"
5566-050-678876 v3