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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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 .- RESOLUTION 191,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA SUPPORTING THE SCRIPPS RESEARCH INSTITUTE AND OTHER BIOTECH AND RESEARCH AND DEVELOPMENT BUSINESSES LOCATING IN THE CITY OF PALM BEACH GARDENS. WHEREAS, on October 23, 2003, the Florida Legislature approved legislation creating the Scripps Florida Funding Corporation (SFFC), a non-profit, tax-exempt, special-purpose entity and appropriating $31 0 million in federal stimulus funds to the Governor’s Office of Tourism, Trade, and Economic Development (OTTED); and WHEREAS, economists estimate there will be an additional 44,000 jobs as a result of the industry clustering that is expected to take place surrounding the Scripps Florida nucleus; and WHEREAS, The Scripps Research Institute originally selected a 1,920-acre parcel west of Palm Beach Gardens known as Mecca Farms as the site for its Florida expansion; and WHEREAS, on July 20, 2004, the Board of County Commissioners requested an alternative sites analysis be conducted in order to determine a more favorable site for the location for the project in terms of acceptability to Palm Beach County, The Scripps Research Institute, and the State of Florida; and WHEREAS, on August 18, 2004, the Board of County Commissioners transmitted a letter to The Scripps Research Institute Board of Trustees which requested that Board evaluate two alternative sites for the home of Scripps Florida; and WHEREAS, one of the alternative sites included the “Briger Parcel,” a 682 parcel within the City of Palm Beach Gardens; and WHEREAS, the “Briger Parcel” will provide the most optimal environment and best alternative site for Scripps Florida, recognizing the value and close proximity of the Abacoa DRI and Parcel 19 in the Town of Jupiter to allow for additional spin-off secondary and tertiary companies and other supporting residential, commercial, and community components needed to capitalize on the extraordinary opportunities presented by the Scripps project; and Date Prepared: August 31,2004 Resolution 191,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the Abacoa Development of Regional Impact (DRI) located in the Town of Jupiter, situated immediately north of the “Briger Parcel” on the north side of Donald Ross Road, has been planned for a mixture of land uses that will support the spin-off industries associated with research and development and biotechnology, and will play a key component to the economic synergy with the “Briger Parcel” envisioned by the County, State, and Scripps; and WHEREAS, it has been determined in the Preliminary Environmental Assessment included as part the Alternative Sites Analysis final report issued by Palm Beach County dated August 12, 2004, that a number of native upland vegetative communities exist on the ”Briger Parcel”; and WHEREAS, Section 78-252 of the City of Palm Beach Gardens Land Development Regulations provides for a method and criteria to allow for alternative forms of mitigation of upland vegetative communities; and WHEREAS, Section 78-158 of the City of Palm Beach Gardens Land Development Regulations provides a criteria and method for waivers to Planned Unit Developments and Planned Community Developments, which provides for flexibility in the planning and development review process; and WHEREAS, the City is committed to assisting in the processing of any development applications, including, but not limited to, the Development of Regional Impact (DRI) applications, Comprehensive Plan amendments, and Rezoning applications for the planning and development of Scripps Florida on the “Briger Parcel”; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The City Council of the City of Palm Beach Gardens, Florida, hereby supports the “Briger Parcel” as the best alternative site that will provide the most optimal environment for Scripps Florida, recognizing the value and close proximity of the Abacoa DRI and Parcel 19 in the Town of Jupiter to allow for additional spin-off secondary and tertiary companies and other supporting residential, commercial, and community components needed to capitalize on the extraordinary opportunities presented by the Scripps project. 2 Date Prepared: August 31,2004 Resolution 191,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 I 20 SECTION 3. The City Clerk is directed to forward a copy of this Resolution to the Honorable Alice D. Sullivan, Chair of TSRI Board of Trustees, and Dr. Richard Lerner, President of TSRI, on The Scripps Board of Trustees and to the Board of County Commissioners. SECTION 4. This Resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this Iu day of &-&e& ,2004. ATTEST: CH GARDENS, FLORIDA By:% BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: VOTE: -7 AYE NAY ABSENT J MAYOR JABLIN --- VICE MAYOR RUSSO A-- COUNCILMEMBER DELGADO --L COUNCILMEMBER LEVY ALP--- G:\onorney-shors\RESOLUTlONSbuppO~ing briger tract for scrippr florlda - reso 191 2004.80~ 3 TABLE 1: PETITION SUMMARY ~~ Property Owner(ij Applicant Agent Parcel Size Parcel Location Parcel Frontage Present Parcel Access Existing Land Use Present Zoning District Present Maximum Development Potential Proposed Development Potential Water Service Provider Wastewater Service Provider Adjacent Municipalities Community and Neighborhood Plans, Special Overlays, and/or Study Areas Mr. Danny G. Bailey Mr. Robert E. Bales Mr. Robert S. Francis Prescott Lester, President Minkin Trust Power Play Sports & Entertainment Mr. Roy Yarnell, BATT Private School City of Palm Beach Gardens City of Palm Beach Gardens 708.14 acres Located immediately east of the Florida Turnpike and south of Donald Ross Road, immediately north of Hood Road. Approx. 5,500 ft. Hood Road Approx. 5, 800 ft. Florida Turnpike Approx.7,800 ft. Interstate-95 Approx. 5,200 ft. Donald Ross Road East Parcel - Dirt Road on north side of Hood Road West Parcel - none Residential Low (RL)/Commercial (C) Planned Development Area (PDA) 2,680 single-family units/ 991,752 sq. ft. of commercial 8 million square feet research and development 300 bed researchlclinical hospital within research and development 1,000 residential units 50,000 square feet of retail Seacoast Utility Authority Seacoast Utility Authority ~~ Town of Juno Beach, Town of Jupiter Hood Road, Donald Ross Road, and Central Boulevard Parkway Overlay, Interstate-95 Interchange at Donald Ross Road and 1-95. TABLE OF CONTENTS MAP DATA AND ANALYSIS .................................................... PAGE 1 - 18 ATTACHMENTS Attachment A - Area Map Attachment B 1 - Proposed Future Land Use Map Attachment B2 - Proposed Future Land Use Map Attachment C - Existing Future Land Use Map Attachment D - Legal Description Attachment E - Traffic Analysis dated January 12,2005 Attachment F - Seacoast Utility Authority Water and Sewer letter dated January 20,2005 Attachment G - LBFH drainage statement dated January 14,2005 Attachment H- Solid Waste Authority letter dated January 13,2005 Attachment I - Soils Map Attachment J - Topography Map Attachment K - Environmental Description Attachment L - Market Study Attachment M- Level of Service Analysis CITY OF PALM BEACH GARDENS COMPREHENSIVE PLAN FUTURE LAND USE ELEMENT MAP CHANGE: PLEASE SEE THE RESPONSE TO THE REQUIREMENTS IN BOLD. Maps 1. An 8 1/2" X 11" map of the subject area drawn to scale in miles, shading in the subject property. A Map has been included as Attachment 'A' to illustrate the subject property. 2. An 8 1/2" X 11" map of the area, indicating the boundary of the subject property, its location in relation to the thoroughfare network, and the proposed Future Land Use Map designation. A map has been included as Attachments 'Bl' and 'B-2'. 3. An 8 1/2" X 11" section of the City's Future Land Use Map, indicating the subject property, its current land use designation, and the land use designation of abutting properties. A map has been included as Attachment 'C'. 4. Indicate the comprehensive plan maps, other than the Future Land Use Plan Map, whch will need to be modified to include the proposed amendment. No additional maps will be modified for the proposed amendment. 5. If the subject property was recently annexed, or for other reasons has not been included in the Palm Beach Gardens Comprehensive Plan data and analysis, the following information must also be supplied to update all applicable maps: a. soil/mineral types b. wellfield zones/cones of influence C. historic resources d. flood prone areas e. drainage basins and features f major topographical features g. ecological communities/wetlands The subject property is included in the Palm Beach Gardens Comprehensive Plan Data and Analysis. Future Land Use Map Amendment 1 Data and Analysis Petition CP-04- 14 Date Prepared: January 2, 2005 Reports 1. Size of the site in acres or fractions thereof. Subject parcel site area = approximately 708.14 acres. See Attachment ‘D’. 2. Description of existing land (not designations) of subject property and surrounding properties. Existing Use of Subject Property: The subject property is vacant and undeveloped with the exception of three single- family units and two mobile home trailers on site. Existing Use of surrounding properties: North: Donald Ross Road and the Abacoa mixed-use DRI (Jupiter) South: Hood Road and the Westwood Gardens Residential and Commercial Planned Unit Development (PUD) and the Westwood Lakes Residential Planned Unit Development (PUD) East: San Michelle Residential Planned Unit Development (PUD), the Benjamin Upper School Planned Unit Development (PUD) and the Legends at the Gardens Residential Mixed-Use Planned Unit Development West: Site is bisected by Interstate 95 (FDOT State Road No. 9); the western boundary of the property is adjacent to Ronald Reagan Turnpike and Residential Community of East Pointe (Palm Beach County) 3. A narrative which summarizes: a) The maximum allowable development under the existing designation for the site; The existing Future Land Use designation for the site is Residential Low (RL) on 695.14 acres of the site and Commercial (C) on 13.01 acres of the site. The Comprehensive Plan allows up to four (4) units per acre on the portion of the property designated Residential Low. This would allow for up to 2,780 dwelling units on the subject site as summarized in the table below. The Comprehensive Plan allows up to 35% lot coverage and five stories (50 feet) in height for the portion of the property designated Commercial. This would allow for up to 991,752 square feet of general commercial use. Maximum Existing Residential Low (RL) and Commercial (C) Potential Existing Land Use Designation Acres Intensity Residential Low (RL) 695.14 2,780 units 4 unitdacre Commercial (C) 13.01 991,752 35% lot coverage square feet 5 stories (50 feet) Future Land Use Map Amendment Petition CP-04-14 2 Data and Analysis Date Prepared: January 2, 2005 b) The maximum allowable development under the proposed designation for the site; Allocation 353 acres** 49.8% 3.0 acres** .42% 70.38 acres** The proposed land-use plan designation for the 708.14 acre site is Mixed-Use (MXD). The subject site has a Planned Development Area (PDA) zoning designation which requires a Planned Community District (PCD) or a Planned Unit Development (PUD) rezoning prior to development approval of the site. The proposed land-use amendment specific to the site shall be limited the following scenario: 8 million square feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of Commercial or the equivalent thereof. Intensity 8 million square feet (including 300 beds research clinic) 50,000 square feet 1000 multi- Maximum Prooosed Mixed-Use (MXD) Potential* Existing Land Use Allocation Industrial: Research & Development (includes Research Clinic) Commercial (C) Residential Use Remainder Acreage: Roadways, Buffers, Lakes, Upland Set Aside Total: Land-use amendment limited to the following in1 11.2% I family units I I N’A I 281.76 acres 39.8% 708.14 acres 100% isities: 8 million sauare feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of Commercial or the equivalent thereof. ** Indicates net acreage eliminating lakes for drainage. c) A description of the proposed use and information on its compatibility with the surrounding area. The proposed Land Use Plan designation for the 708.14 acre subject site is Mixed Use (MXD). The Mixed Use designation is designed for new development which is characterized by a variety of integrated land use types. The land-use designation would provide for a more innovative, integrated and functional development on the site, which would be beneficial to the City’s goal of diversifying its economic base. The maximum allowable development under the proposed land-use on approximately 708.14 acres has been limited to the following: P 8,000,000 square feet of Research and Development (including a 300 bed research clinic) Future Land Use Map Amendment 3 Data and Analysis Petition CP-04-14 Date Prepared: January 2. 2005 P & 1000 residential workforce single-family and multi-family units 50,000 square feet of Commercial Neighborhood The proposed uses are compatible with the surrounding uses and future land use designations. The property to the north is within the boundary of the Town of Jupiter and is an existing Abacoa Development of Regional Impact (DIU) with a future land-use designation of Mixed-Use. The 2,055-acre Abacoa project includes a Florida Atlantic University campus, a baseball stadium, 6,000 homes, commercial retail development, professional office uses, and is projected to house 15,000 residents by the year 2015. There are three adjacent developments to the east of the subject site. At the northeast end of the site, the Legends Mixed-Use Planned Unit Development is currently under development, which includes 19,375 square feet of professional office, 19,375 square feet of commercial neighborhood, and 186 multi-family units. At the southeast corner of the site is the San Michele Planned Unit Development, which includes 90 single-family homes. Directly east of the subject site located between the two aforementioned projects is the Benjamin Upper School, which is a 187,671 square foot private high school. The construction of the high school included a portion of a thoroughfare roadway that will extend through the subject site and connect to Donald Ross Road as provided for in the City’s Comprehensive Plan Thoroughfare Identification Map (Map 0). To the south of the subject site is one residential multi-family development bisected by Interstate Highway 95, the Westwood Gardens and Westwood Lakes Planned Unit Development (PUD). The Westwood Gardens development includes 699 multi-family units and a 2.4- acre commercial neighborhood parcel that is currently being developed as 28,282 square feet of professional office center. The office center shares access with the Westwood Lakes portion of the residential planned unit development. To the west of the subject site is the Ronald Reagan Turnpike and Eastpointe Residential Planned Unit Development (PUD), which is located within the boundaries of unincorporated Palm Beach County. The existing properties to the north, south, east and west are compatibles uses to the proposed future land use designation for the subject site. The proposed land use designation will permit the type of development that will create the opportunity for new jobs. The creation of new jobs will require housing to accommodate the workforce. The ability to maintain both jobs and housing within a community provides for a reduction in the number and length of automobile trips. The Briger Tract, with its blend of workforce housing and Research and Development uses, can be coupled with the existing neighborhoods to ensure the interaction between uses, so that daily activities of living, working, learning, shopping and playing can be brought together more closely. Through the master planning process, the subject site can be designed so that uses are integrated on the site in a manner sensitive to the surrounding future and existing uses. The proposed land use designation will complement the existing uses and compatibility can be assured using sound planning principles. Future Land Use Map Amendment Petition CP-04-14 4 Datu and Analysis Date Prepared: January 2, 2005 4. A statement ofjustification or reason for the proposed land use amendment, which is based on the physical characteristics of the site, the impact on public facilities and services, and the policies of the City. The proposed request is a City-initiated Comprehensive Plan amendment to change the current land use designation of five parcels known collectively as the Briger Tract, from Commercial (C) and Residential Low (RL) land use designations to Mixed Use (MXD) land use designation. This City-initiated petition is based on City Council’s direction to staff to prepare a land use amendment as a result of a City-wide economic development initiative to diversify its tax base. The initiative recognizes the need to provide more opportunities within the City for value-added employment given the lack of vacant land remaining in the City to achieve this goal. In order to determine which parcels were most suitable for this purpose, the following specific criteria were developed: Size of Parcel Existing Use Current Zoning and Land Use Designation Public Transit Opportunities Development Approvals Approved Traffic Concurrency Available Utilities Forbearance Agreement Restrictions Other land-use restrictions Land Use Compatibility with Surrounding Area In applying the criteria to all vacant parcels within the City to determine which parcels are most suitable for economic development, staffs analysis indicated a list of parcels within its jurisdiction were most appropriate for this initiative. However, the Briger Tract remains the only parcel out of these that currently does not have a land use designation that could accommodate Research and Development uses. At the direction of City Council on September 1, 2004, City staff has filed an application to change the future land use designation for the site. The proposed future land use change is also being initiated as a result of The Scripps Research Institute (TSRI) Alternative Sites Analysis which was produced by Palm Beach County in August, 2004. In this study, the Briger Tract was listed as one of the five alternative sites should TSRI not locate on the originally selected Mecca Farms Site. On September 1, 2004, the City Council passed Resolution 191, 2004, which recommended the Briger site as the most viable alternative site. City Council stated in the Resolution that the Briger site would provide the most optimal environment and best alternative site for Scripps, Florida, recognizing the value and close proximity of the Abacoa DFU located immediately north of the site in the Town of Jupiter. Future Land Use Map Amendment Petition CP-04- f 4 5 Data and Analysis Date Prepared: January 2, 2005 5. As part of the City’s on-going efforts to support TSRI, the City is including limiting the land-use designation to those uses required to support the needs of TRSI within the proposed MXD land use designation, should TSRI select Briger as its alternative site. In addition to accommodating the development of TSRI, the proposed land use amendment will encourage the mixed-use concept that provides alternatives to low density, sub-urban development and will encourage the efficient use of infrastructure and services. Sound planning principles encourage the creation of master plans that support opportunities that create jobs and make available a balance of housing to support the non-residential uses. A description of the availability of and demand on public facilities, indicating the proposal’s impact on established level of service standards: sanitary sewer, potable water, traffic circulation, solid waste, drainage, recreation and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on facilities and services.) The availability of and demand on public facilities has been analyzed based on the “maximum allowable development” as limited to: 8 million square feet of Research & Development (including a 300-bed research clinic); 1,000 multi-family workforce units; and 50,000 square feet of Commercial, or the equivalent thereof. TRAFFIC ANALYSIS: Traffic circulation has been analyzed by McMahon Associates. A copy of the analysis is attached as Attachment ‘E.’ The McMahon trip generation analysis shows a net decrease of 179 daily trips. Based on this study, a link capacity analysis is not required. SANITARY SEWER ANALYSIS: Sanitary sewer services are provided by the Seacoast Utility Authority. A copy of a letter indicating its ability to service this site is attached. See Attachment ‘F’. The City’s Comprehensive Plan provides for the followinp standards: Sanitary Sewer - LOS (107 gallons per day per capita) Existing Land Use Desipnation - PBG Commercial (C) and Residential Low (RL) 99,175 gallons per day based on 991,752 square feet commercial use (991,752 square feet x 0.1 galldayhquare foot) 713,904 gallons per day based on a maximum of 2,780 residential units (2,780 units x 2.4 persons per unit x 107 gallons per day per capita) Future Land Use Map Amendment Petition CP-04-14 6 Data and Analysis Date Prepared: January 2, 2005 Proposed Land Use Designation - PBG Mixed-Use (MXDi 1,061,800 gallons per day based on a maximum of: 8,000,000 square feet of Research and Development (including a 300 bed research clinic) 1,000 residential units (1,000 units x 2.4 persons per unit x 107 gallons per day per capita) 50,000 square feet of Commercial Neighborhood Please note the demand in gallons per day for all calculations are rounded to the next full gallon. An amendment to the CIE is being prepared concurrently with this land use amendment. The sanitary sewer services will be funded by the Seacoast Utility Authority which is a separate entity with its own revenues, expenditures and staff. POTABLE WATER ANALYSIS: Potable water services are provided by the Seacoast Utility Authority. A copy of a letter indicating its ability to service this site is attached. The City’s Comprehensive Plan provides for the followinv standards: Potable Water - LOS (191 gallons per day per capita) Existing Land Use Designation - PBG Commercial (C) and Residential Low (RL) 99,176 gallons per day based on a maximum square footage of 991,752 (991,752 square feet x 0.1 gal/day/square foot) 1,274,352 gallons per day based on a maximum of 2,780 residential units (2,780 units x 2.4 persons per unit x 191 gallons per day per capita) Proposed Land Use Designation - PBG Mked Use (MXD) 1,263,400 gallons per day based on a maximum of: 8,000,000 square feet of Research and Development (300 bed research clinic included) 50,000 square feet of Commercial Neighborhood 1,000 residential units (1,000 units x 2.4 persons per unit x 191 gallons per day per capita) Please note the demand in gallons per day for all calculations are rounded to the next full gallon. STORMWATER MANAGEMENT ANALYSIS: Drainage improvements to the site are identified in the Plan of Improvements for Unit 2/2A prepared by Northern Palm Beach County Improvement District. All of Future Land Use Map Amendment 7 Data and Analysis Petition CP-04-14 Date Prepared: January 2, 2005 the drainage improvements have been completed or are currently under construction. The existing Unit 2/2A Permit has established finish floor elevations and sub-basin storage requirements, consistent with SFWMD, NPBCID and City code requirements, for the site. A Drainage Statement has been completed by LBFH, Inc, Consulting Engineers, Surveyors and Mappers and is attached as Attachment ‘G’. The City’s Comprehensive Plan provides for the followinp standards: Drainage LOS - Comprehensive Plan Existing Development - 1-day/lOO-year storm New Development greater than 10 acres - 3-day/25-year storm New Development less than 10 acres - 1 day/25-year storm The subject property will be required to meet the development standard of a 3- day/25-year storm event during the development review process. SOLID WASTE ANALYSIS: Solid waste services are provided by the Solid Waste Authority. A copy of a letter indicating its ability to service this site is attached. See Attachment ‘H’. The City’s Comprehensive Plan provides for the followinp standards: Solid Waste - Residential LOS (7.13 Ibs. per day per capita) Non-residential LOS (5.5 Ibs. per day per square foot) Existing Land Use Designation - PBG Commercial (C) and Residential Low (RL) 14,944 pounds per day based on a maximum square footage of 991,752 (991,752 square feet / 365 days X 5.5 Ibs.) 47,571 pounds per day for 2,780 units (2,780 units x 2.4 persons per unit x 7.13 Ibs. per day per capita) Proposed Land Use Designation - PBG Mixed Use (MXD) 138,413 pounds per day based on a maximum of: 8,000,000 square feet of Research and Development (300 bed research clinic included) 50,000 square feet of Commercial Neighborhood 1,000 residential units (1,000 units x 2.4 persons per unit x 7.13 Ibs. per day per capita) Please note the demand is rounded to the next full pound. Data and Analysis Date Prepared: January 2, 2005 Future Land Use Map Amendment Petition CP-04-14 8 RECREATION AND OPEN SPACE ANALYSIS: The City’s Comprehensive Plan provides for the followinp standards: Recreation and Open Space LOS - 3.7 acres per 1,000 residents Existing Land Use Designation - PBC Commercial (C) and Residential Low (RL) 24.68 acres needed to meet the City’s LOS of 3.7 acres per 1,000 residents for the estimated 2.4 persons per unit per 2,780 dwelling units. Proposed Future Land Use Designation - PBG Mixed Use (MXD) 8.88 acres needed to meet the City’s LOS of 3.7 acres per 1,000 residents for the estimated 2.4 persons per unit per 1,000 dwelling units The urban level of service standard is 3.7 acres of improved neighborhood and community parks per 1,000 residents. No amendments to the Recreation and Open Space element are required to support the proposed amendment. The proposed land use amendment decreases the demand by 15.80 acres of improved neighborhood and community parks. 6. Analysis of the character of any vacant lands in order to determine suitability for use, including: Soils: Soil information is noted on the attached Soil Map as Attachment ‘1’. Topography, including flood prone areas: The site is located with Northern Palm Beach County Improvement District (NPBCID) sub-unit 2A. A topography Map of the site is attached as Attachment ‘J’. The site is not located within a Special Flood Hazard Area (SFHA) and has a flood zone designation of “Zone B.” The flood zone designation indicates that the area is outside the 100-year floodplain, areas of 100-year sheet flow flooding where average depths are less than 1 foot, areas of 100-year stream flooding where the contributing drainage area is less than 1 square mile, or areas protected from the 100-year flood by levees. No Base Flood Elevations (BFEs) or depths are shown within this zone on the Flood Insurance Rate Maps (FIRMS). Natural Resources An Environmental Assessment has been prepared indicating the existing character of the land and has been attached as Attachment ‘K’ Historic Resources There are no known historic resources on the subject property. Preliminary analyses of the subject site indicate it is suitable for development. Future Land Use Map Amendment Petition CP-04-14 9 Data and Analysis Date Prepared: January 2, 2005 7. Analysis of the relationship of the amendment to the population projections: Development Alta Pines Bent tree Catalina Lakes Donald Ross Village Evergrene Frenchmans Creek Frenchmans Reserve Garden Lakes Gardens East Apartments Commons(Parce1 1-3) Population projections (indicate year) Relationship of amendment to the analysis (included in the plan-9J-5.006(2)(~)) of the amount of land needed to accommodate the projected population Revised population projections (if applicable) Housing Units 264 185 256 109 156 1037 644 530 584 367 0 Relationship of amendment to the analysis (included in the plan-9J-S.O06(2)(c)) of the amount of land needed to accommodate the projected population The projected population for the year 2015 is 63,273 residents, which will require 26,363 dwelling units to accommodate the population. The proposed amendment from Commercial (C) and Residential Low (RL) land-use designation to a limited Mixed- Use (MXD) land-use designation removes 1,780 dwelling units from the current development potential of the City, which is 6% of the projected housing need in 2015. In calculating the existing, proposed and future development potential of the City, it is estimated that approximately 27,622 dwelling units will be developed within the City limits, thereby providing adequate capacity for the projected populations. The proposed amendment does not negatively affect the amount of land needed to accommodate the projected population. 0 Revised population projections (if applicable) Not applicable. 8. Whether the development (if it provides housing) is proposed to meet the housing needs of the anticipated populations. The development is not needed to meet the housing needs of the anticipated populations. A large portion of the City is currently designated Residential and the current land- use amendment has been initiated to diversify the City’s Future Land Use Map in order to provide opportunities for economic development. List of housing developments within City limits: Ballenisles Total Existing Development outside of 3 mile radius 777 181 03 7593 Future Approved Total Future Land Use Map Amendment I1 Data and Analysis Date Prepared: January 2, 2005 Petition CP-04-14 1926 27622 GRAND TOTAL 33608 9. Hurricane evacuation re-analysis based on the proposed amendment, considering the number of persons requiring evacuation, availability of hurricane shelter spaces, and evacuation routes and times. The area shelter locations other than those that may be provided on-site in the new schools are: William Dwyer High School 13601 N. Military Trail Palm Beach Gardens, Florida Watson B. Duncan Middle School 5150 117'h Court North Palm Beach Gardens, Florida Benjamin High School 4875 Grandiflora Road Palm Beach Gardens, FL 33418 10. Whether the proposed amendment affects beach accessibility. No. 11. Whether the site contains habitat for species listed by federal, state or local agencies as endangered, threatened or species of special concern. (Identify the species and show the habitat location on a map.) To date, the preliminary listed species surveys associated with the Briger Tract that have been conducted by Environmental Services Incorporated and Biological Research Associates have identified the occurrence of only one (1) resident listed animal, the gopher tortoise (Gopherus polyphemus), which is considered a Species of Special Concern by the FFWCC, and is not listed by the USFWS. This species currently is being reviewed by the FFWCC for elevation to Threatened status, but any potential action is not anticipated prior to project permitting. The vast majority of the property has only marginal habitat for the tortoise and only remnant individuals are expected to be located by specific field surveys. Although no individuals have been observed, a few active burrows and recent evidence (scat) have been encountered. Several Wood Storks (Mycteria americana; endangered) were observed foraging opportunistically in a nearly dry wetland in the southeast quadrant in November 2004. Other potential species, along with their preferred habitat, sampling method, probability of occurrence, and state/federal legal status, are indexed in the Environmental Description attached as Attachment K. No significant listed plant species have been identified on-site, and highly consequential protected plant or wildlife issues for site development are not expected. Future Land Use Map Amendment 12 Data and Analysis Petition CP-04-14 Dute Prepared: Junuary 2, 2005 12. Whether the proposed amendment affects adjacent local governments. On January 10,2005, the Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC), the Town of Jupiter and the Palm Beach County School Board were notified of the proposed amendment. Staff has not received any comments to date. The close proximity to the existing Abacoa Mixed Use DRI provides the potential for significant interaction between Abacoa and the proposed uses of the subject site. Abacoa includes a Town Center with housing, retail, and office, allocated research and development districts, a campus for Florida Atlantic University, a wide variety of built and planned housing, a possible future Tri-Rail facility, recreational facilities, and Roger Dean Stadium. 13. Whether the amendment is based on the annual monitoring and evaluation review of the Capital Improvements Element. The amendment is not based on an evaluation review of the Capital Improvements Element. 14. Capital Improvements re-analysis, if the amendment relates to the schedule of capital improvements, including: 0 Public facility needs, as identified in the other plan elements, and relative priority of needs 0 Ability to finance the proposed capital improvements, including forecasting of revenues and expenditures, and projections of debt service obligations, tax bases, assessment ratio, mileage rate, other revenue sources, operating cost considerations, and debt capacity. The Capital Improvements Element (CIE) text amendment is primarily to revise and update the 5-year Capital Improvements Program to be consistent with the current CIP and City budget. The amendments also include minor changes to accommodate the Briger Tract Comprehensive Plan Future Land Use Map amendment. 15. If the proposal is for commercial, industrial or mixed-use land use, a market study demonstrating the economic feasibility of the development and the Iocational advantage over existing non-residential lands is required consistent with Policy 1.1.6.2. (NOTE: See Policy 1.1.6.4. also.) A market study has been prepared and is attached as Attachment ‘L.’ 16. Information regarding the compatibility of the proposed land use amendment with the future land use element goals, objectives and policies, and those of other affected elements. (NOTE: This should include a list of all goals, objectives and policies which are consistent with and furthered by this proposed amendment.) Future Land Use Map Amendment 13 Data and Analysis Petition CP-04-14 Date Prepared: January 2, 2005 The proposed Future Land Use Map amendment is consistent with the overall intent of the Goals, Objectives, and Policies within the City’s adopted Comprehensive Plan. An example of some of the goals, objectives and policies, which are consistent with and furthered by the proposed amendment, are listed below. Economic Development Element: GOAL 13.1.: THE ECONOMIC GOAL OF THE CITY OF PALM BEACH GARDENS IS TO ACHIEVE A BALANCED AND DIVERSIFIED ECONOMY WHICH IS COMPATIBLE WITH THE CITY’S QUALITY BUILT ENVIRONMENT AND PROTECTS IMPORTANT NATURAL RESOURCES. Staff Comment: On January 6, 2005 the City Council adopted the Economic Development Element. The Element signals the City’s commitment to successful economic development. The goal of the Economic Element is to achieve a balanced and diversified economy compatible with the built environment. The proposed land-use map change will advance this goal by allowing research and development uses on the last remaining large vacant site east of the Urban Growth Boundary (UGB) that is available and appropriate for these uses. Currently, the City has a high percentage of residential uses and is in need of those land-uses recognized by the Economic Development Element that will provide value-added employment. The proposed land-use map change will provide the opportunity to realize the goal of economic stability by providing the ability to develop those uses that are economic generators. Policy 13.1.1.1.: The City shall continue to attract industries and employers in cluster industries such as biotechnology, communications, information technology, medical products, marine biology, aerospace research, and associated ancillary businesses. Staff Comment: The proposed land-use designation will allow for uses such as Medical & Pharmaceutical, Aerospace & Engineering, Information Technologv, and Research & Development. The availability of sites within the City that can currently accommodate these listed uses is limited because most of the City is built-out east of the Urban Growth Boundary (UGB). Furthermore, the existing vacant parcels that have an existing land- use designation to accommodate these uses are extremely limited. The proposed land-use amendment will allow for these attractor industries to be located within the City. Policy 13.1.5.2.: The City shall accommodate balanced growth and housing needs of the City’s labor force by encouraging the availability of attainable housing to persons earning a livelihood or choosing to reside in Palm Beach Gardens. ~ Future Land Use Map Amendment Petition CP-04-14 14 Data and Analysis Date Prepared: January 2. 2005 Staff Comment: The proposed land-use designation includes 1,000 residential worvorce housing units. The housing component is a key component within the proposed land-use mix that may provide as much opportunity for on-site worvorce housing. Future Land Use Element: Objective 1.1 S.: Future growth, development, and redevelopment shall be directed to areas as depicted on the Future Land Use Map, consistent with: sound planning principles; minimal natural limitations; the goals, objectives, and policies contained within this Comprehensive Plan; and the desired community character. Staff Comment: The land-use amendment is a result of the City Council’s direction to divers@ the City’s economic tax base by planning for a more sustainable economic climate. A more diversified and sustainable economy is part of the City’s desired Community character. In creating this economic climate, the City will be able to better maintain its existing services and facilities, while not depending on property tax increases to provide for the consistent delivery of quality services. The subject site is located east of the Urban Growth Boundary (UGB) and will not require extending City services outside of the established urban service boundary. The subject site is located east of the Ronald Reagan Turnpike, which is part of the “Eastward Ho! ” urban corridor, which is generally located parallel to Interstate 95 in a one-to-two-mile wide corridor that includes the area between the Florida East Coast (FEC) and Seaboard Coast (CSX) rail lines. The Eastward Ho! initiative promotes mixed use zoning categories within the urban corridor to encourage revitalization that facilitates future growth without further compromising or degrading the environment and the economic sustainability of the region. The proposed land-use amendment to the subject site is consistent with the Eastward Ho! recommendations, which are based on sound planning principles that promote economic sustainability. Objective 1.1.6.: The City’s economic base shall be expanded by promoting commercial and industrial activities as planned and illustrated on the Future Land Use Map, and by ensuring adequate sites and timely provision of public utilities and services to stimulate such growth. Staff comment: The proposed amendment fuIJ;Ils the objective to expand the economic base of the City by assuring mixed-use development on the properly designated site within the City. The designation will allow commercial and light industrial activities marketed toward research and development within the City’s Urban Growth Boundary (UGB), so that the cost of extending public utilities and services are significantly reduced, thereby stimulating economic growth. 17. A description of the effect on the Comprehensive Plan elements, indicating specific changes or modifications that will be needed for internal consistency. Future Land Use Map Amendment 1.5 Data and Analysis Petition CP-04-14 Date Prepared: January 2, 200.5 18. 19. 20. The Capital Improvements Element (CIE) text amendment is primarily to revise and update the 5-year Capital Improvements Program to be consistent with the current CIP and City budget. The amendments also include minor changes to accommodate the Briger Tract Comprehensive Plan Future Land Use Map amendment. Copies of prior development approvals, including development order conditions. No previous development approvals exist for the subject property. Relationship of the proposal to the Evaluation and Appraisal Report, if applicable. This proposal is not related to an Evaluation and Appraisal Report. A listing entitled ''Consistency of the Local Comprehensive Plan with the State Comprehensive Plan" prepared pursuant to Rule 9J-5.021(4), FAC. The proposed land-use amendment is consistent with the overall intent of the State Comprehensive Plan. The following State Goals and Policies are specific examples of that consistency: Housing - The public and private sectors shall increase the affordability and availability of housing for low-income and moderate income persons, including citizens in rural areas, while at the same time encouraging self-sufficiency of the individual and assuring environmental and structural quality and cost-effective operations. Staff Comment: The project proposed for the site will include a housing component to provide housing opportunities for those employees who will work on site. The mixed-use designation will allow for this housing to be provided at a proximate location to the research and development portion of the project and other non-residential uses so that the community can operate in a more self-sustainable manner. Land Use - In recognition of the importance of preserving the natural resources and enhancing the quality of life of the state, development shall be directed to those areas which have in place, or have agreements to provide, the land and water resources, fiscal abilities, and service capacity to accommodate growth in an environmentally acceptable manner; enhance the livability and character of urban areas through the encouragement of an attractive mix of living, working, shopping, and recreational activities. Staff Comment: The proposed land-use designation is specifically designed to encourage a project with a mixture of uses to allow for living, working, shopping and recreation activities. The location of the site is within the urban service area of the City, and is an important infill development for the City. The land-use amendment is therefore consistent with the State's goal to direct growth to nreas that have urban services that can accommodate growth in Future Land Use Map Amendment 16 Data and Analysis Petition CP-04-14 Date Prepared: January 2, 2005 a fiscally and environmentally acceptable manner, and is consistent with the State’s policy to encourage a mixture of uses to enhance the livability and character of a comm unity. Public Facilities - Florida shall protect the substantial investments in public facilities that already exist and shall plan for and finance new facilities to serve residents in a timely, orderly, and efficient manner. Staff Comment: The land-use amendment is consistent with the State’s public facilities goal as the property is located within the Seacoast Utility Authority (SUA) service area, and it has indicated that there is sufficient capacity to service the site. The provision of water and sewer services thus will be accomplished in a timely, orderly and efficient manner as the parcel is ultimately developed. In addition, transportation systems, police services, fire-rescue services, and solid waste services do not require extension outside the established Urban Growth Boundary (UGB), but to a site completely surrounded by existing development and established infrastructure. Transportation - Florida shall direct future transportation improvements to aid in the management of growth and shall have a state transportation system that integrates highway, air, mass transit, and other transportation modes. Staff Comment: The proposed future land-use designation is consistent with the State’s transportation goal in that the intended project can take full advantage of the existing location of Interstate Highway 95, the Ronald Reagan Turnpike, and other thoroughfares. As a mixed-use project, better provisions for pedestrian access and mass transit can be encouraged, such as pedestrian walkways and multi-modal transportation. Furthermore, the proposed Tri-rail station at Abacoa DRI will provide a close light rail node that can be included within a public transit system to service the site. The Economy - Florida shall promote an economic climate which provides economic stability, maximizes job opportunities, and increased per capita income for its residents. Staff Comment: The proposed land-use amendment will provide for greater opportunity to create a more sustainable economic climate for the City and for Palm Beach County in general. Research and development use has been consistently identified by the Palm Beach County Business Development Board and the City’s Economic Development Advisory Board as a key use for fostering long term, value-added employment. The proposed mixed-use designation will provide the opportunity to attract desirable industry, in addition to related venture capitalist investments, biotech industries, pharmaceutical companies, post-secondary educational organizations, and other similar industries, which will contribute to a healthy economy. Future Land Use Map Amendment Petition CP-04-14 17 Data and Analysis Date Prepared: January 2, 2005 13 Attachment A - Proposed Land Use for Briger Slte \ Abacoa DRI \ Town of Jupiter 1 i 1 T 24 I DON, JI MXD 26 I' ~ 11 Legend - Dens-e&ct&n-C3rlay I I rz:Growth Boundary - e Parkway - RL - Residential Low - ROS - Recreation Open Space - RM - Residential Medium - CR - Commercial Recreation - RH - Residential High -CONS - Conservation -C - Commercial - MXD - Mixed Use -W - Professional Offie mm RRlO - Rural Residentiial(1 per 10 Acres) -I - Industrial - RR20 - Rural Residentiil(1 per 20 Acres) nP-PuMii 0 RVL - Residential Very Low - Nolthlake Boulevard Overlay Zone (NBOZ) - Approved DRlKD With Master SIte Plan On File d#$ %stem Northlake Boulevard Corndor Planning Arf MacArthur ---,,a Boulevard Histonc Overlay w+E S T mMH-MobileHome mG-Golf Attachment B1 1. L -- 1 I I! ii I B.(3) ORDER OF TAKING (O.R.B. 4296, PAGE 1151) I N89’55’47”E 2660.49’ 75’ I L20 L21 L22 - N89’55’1O”E 2668.72’ 1 - L27 (O.R.B. 4296, PAGE 1151) i ! r r I ! i I P.O.B. i PARCEL 27 I t ni ! P ! L ! ! ! i ’ GRAPHIC SCALE I SECTION 26, PALM BEACH COUNTY, FLORIDA TOWNSHIP 41 SOUTH, RANGE 42 EAST, n EAST 1/4 CORNER --, AREA EAST OF INTERSTATE 95 491.79 ACRES f PARCEL 1 475.69 ACRES f EAST 40’ N.E.& 2628.82’ B.(2) I ORDER OF I TAKING (O.R.B. 4296, 42 EAST,I PAGE 1151) I PALM BEACH COUNTY, FLORIDA 500 ldoo m2004 LBFH Inc. :o P P.O.C. PARCEL N.E. CORNER SECTION 26 &- so1 ‘20’00”W 75.02’ WEST 250’. EAST 290’. /O A SOUTH 330’, 7 N.W& NE^ :THIS IS NOT A SU~VEY (SUBJECT TO FIELD SURVEY) NORT~ OF’HOOD ROAD CONSULTING CIVIL ENGINEERS, Scale: 1 ”= 1000’ SKETCH AND DESCRIPTION FOR: SURVEYORS k MAPPERS PALM BEACH GARDENS RRIGFR TRACT -~ Sheet 1 of 6 3550 S.W. Corporote Parkway, Palm city, Florida 34990 Computed: NAB Datf BPR & FBPE License No: 959 www.lbfh.com Checked: LL8 / Attachment D (772) 286-3883 Fax: (772) 286-3925 LEGAL DESCRIPTION -BRIGER TRACT I CONTINUED FROM SHEET 2 OF 5 - 2 8 3 8 dd r. 4 5 C i? In A DISTANCE OF 1263.58 FEET TO THE POINT OF BEGINNING. CONTAINING 206.94 ACRES, MORE OR LESS. TOGETHER WITH; THE EAST 40 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP FOR HOOD ROAD IN DEED BOOK 1142, PAGE 337, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA. CONTAINING 0.538 ACRES. TOGETHER WITH: THE WEST 250 FEET OF THE EAST 290 FEET OF THE SOUTH 330 FEET THEREOF, LESS THAT PART IN HOOD ROAD; TOGETHER WITH: ALL THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 ROAD, LESS AND EXCEPTING THERE FROM: THE EAST 40 FEET THEREOF, AND CONTINUED ON SHEET 4 OF 5 41 SOUTH, RANGE 42 EAST, LESS THAT PORTION CONVEYED TO COUNTY OF PALM BEACH FOR ROAD RIGHT-OF-WAY SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF HOOD THIS IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) 0 2004 LBFH Inc 7 CONSULTING CIVIL ENGINEERS, Scale: NA REVISIONS: SURVEYORS k MAPPERS Sheet 3 Of 6 Field Book: I Field: N/A rp P N/A I I Page: N/A I 3550 S.W. Corporate Parkway, Palm City, Florida 34990 (772) 286-3883 Fax: (772) 286-3925 BPR & FBPE License No: 959 FILE NO. Project No. 1 04-4388 C:\LUANO\SKSK\OW\ ERIGER-TRACT.OW LEGAL DESCRIPTION -BRIGER TRACT CONTINUED FROM SHEET 3 OF 5 COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; THENCE RUN N 88’07’24” W, A DISTANCE OF 1266.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE N 01’52’36” E, A DISTANCE OF 80.00 FEET; THENCE N 88’07’24” W, A DISTANCE OF 340.26 FEET; THENCE N 28’00’12” W, A DISTANCE OF 1477.07 FEET; THENCE N 89’24’43” W, A DISTANCE OF 423.66 FEET; THENCE S 28’00’12” E, A DISTANCE OF 1465.33 FEET; THENCE N 89’04’42” W, A DISTANCE OF 200.00 FEET; THENCE S 01’52’36” W, A DISTANCE OF 227.32 FEET; THENCE S 88’07’24” E, A DISTANCE OF 332.50 FEET; THENCE S 28’00’12” E, A DISTANCE OF 1380.87 FEET; THENCE S 87’56’ 10” E, A DISTANCE OF 429.84 FEET; THENCE N 2800’12” W, A DISTANCE OF 1365.72 FEET; THENCE N 89’00’51” E, A DISTANCE OF 200.00 FEET; THENCE N 01’52’36” E, A DISTANCE OF 154.56 FEET TO THE POINT OF BEGINNING. CONTAINING 13.96 ACRES. TOGETHER WITH: THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT RIGHT-OF-WAY FOR HOOD ROAD. CONTAINING 9.42 ACRES. $1 ra BEARING BASE: 4 THE WEST BOUNDARY OF PARCEL 1 OF OFFICIAL RECORDS BOOK 6608, 5 PAGE 288, PUBLIC RECORDS OF PALM BEACH GARDENS, FLORIDA. PROJECT NAME: SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS CONSULTING CIVIL ENGINEERS, Scale: NA REVISIONS: SURVEYORS & MAPPERS Sheet 4 of 6 Field Book: N/A Field: N/A Page: N/A ‘ 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: NAB Date FILE NO. Project No. z (772) 286-3883 Fax: (772) 286-3925 04-4388 G:\LEUND\SKSK\DWC\ + RDR a, FnDC i;c.npp Nn. am uu.urihfhmm Checked: I-LB 1/1 1/04 BRIGER-TECT.DWG LINE AND CURVE TABLE CURVE TABLE CURVE I RADIUS IDELTA ANGLE^ LENGTH s THIS IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) @ 2004 LBFH Inc r \ r SURVEYOR AND MAPPER'S SIGNATURE 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF $ A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS - FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. PROJECT NAME: SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS BRIGER TRACT SURVEYORS k MAPPERS 1 "Partners FOT Results. Sheet 5 Of 6 Field Book: N/A Page: N/A Field: N/A IINC. Valve By Design" FILE NO. Project No. 2 2 BPR dr FBPE License NO: 959 www.lbfh.com 'Checked: LLB ' / /04 OJ-WBZCDD-CMR m.DwC (3 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: NAB Date (772) 286-3883 Fax: (772) 286-3925 04-4388 - 18 52424126000009010 I I I I I I 23 I I - __ __ _- -_ __ __ -- -- -- -- -- -- -- -- DONALD -- -- ROSS -- -- ROAD -- _________ 1 -____ 0 - I' LL 9 I i 2 8 N I t N c c > z L a c 0 I n I 17 0 524241 26000009010 i m C 5 - 52424135000001020 4 - 52424135000001080 I a -- -_ - -- ---___-_ D c c 16 - 52424126000007010 - - - - _ - - _ 2 w V ar 6 4 52424135000003010 I I 524241 35000001 020 a I, I 1 52424135000001020 6: - =6 II II I1 E' Y522 =I 8 I I I I 13 - 52424135000003050 13 - 52424135000003040 I 12 - 52424135000003020 I 11 - 52424135000003090 9 - 524241 35000003040 I 8 - 52424135000003030 10 - 52424135000001030 I HOOD ROAD - 52424135000003060 ROAD I I I I I I I I I I I I I I -- -- -- __ _J 35 -- -- -- -- __ __ __ -- -- -- -- -- -_ __ __ __ L -- __ __ @ 2004 LBFH Inc. CONSULTING CIVIL ENGINEERS, Scale: 1 "= 1 000' SKETCH AND DESCRIPTION FOR: SURVEYORS & MAPPERS PALM BEACH GARDENS "&rtners For Resdts. Sheet 6 of 6 Value Bg Design" (772) 286-3883 Fax: (772) 286-3925 Palm City. Florida 34990 NAB FILE NO. Project No. Date GRAPHIC SCALE A SURVEY (SUBJECT TO FIELD SURVEY) 04-4388 G:\LEUND\SKSK\DWO\ www.lbfh.com Checked: LLB ' ' /' ' IO4 BRICER-lRACT.DWC 1 . RESPONSIVE TRANS PORTATION SOLUTIONS January 20,2005 PRINCIPALS: Joseph W. McMahon, P.E. Rodney P. Plourde, Ph.D.. P.E. Joseph I. DeSantis, P.E., P.T.0.E ASSOCIATES: John S. DePalma Casey A. Moore, P.E. William T. Steffens Keith A Bergman, P.E. Gary R. McNaughton, P.E., PT0.E. John J. Mitchell, PE. Christopher I. Williums, PE. Ms. Natalie Wong City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Briger Tract Future Land Use Amendment Statement McM Project No. M04693.00 Dear Ms. Wong: McMahon Associates, Inc. (McM) has prepared this statement of the traffic condition analysis relevant to the Future Land Use Atlas (FLUA) Amendment application for the Briger Tract, located within the City of Palm Beach Gardens in Palm Beach County. This approximately 708-acre tract is generally bounded by Donald Ross Road to the north, Hood Road to the south, the Florida Turnpike to the west and Central Boulevard to the east. The site is depicted in Figure 1, which illustrates the approximate location of the site relative to the surrounding roadway network. General Information The current future land use designation for the site includes approximately 695 acres of Residential Low (RL) that allows a maximum of four dwelling units per acre, and 13 acres of Commercial (C). The City has determined that this site, under the existing land use designation, could have a maximum development potential of 2,780 dwelling units and 991,752 square feet of retail land use. The proposed future land use designation for the entire 708 acres is Mixed Use (MXD) and includes the following land uses and corresponding densities as the maximum development program: Attachment E 7741 North Military Trail, Suite 5, Palm Beach Gardens, Florida 334 10 56 I .840.8650 fax 561.840.8590 email: palmbeachgardens@mcmtrans.com Regional Offices: Boston, Massachusetts www.mcmtrans.cOm Established in I976 Fort Lauderdale B Cape Coral, Florida Fort Washington, Exton B Harrisburg, Pennsylvania Southern Blvd Study Location Figure 1 Site Location Map Briger Tract FLUA - Scenario 1 Palm Beach Gardens, Palm Beach County, FL RESPONSNE TRANSPORTATION SOLUTIONS Ms. Natalie Wong January 20,2005 Page 3 0 8,000,000 square feet of Research and Development Center 0 200 Single-family Dwelling Units 800 Multi-family Dwelling Units 50,000 square feet of Commercial Retail Note that a 300 bed medical research facility will be included within the 8,000,000 square feet of research and development center. Project Trip Generation The trip generation for the current and proposed future land use designation was calculated based on the formulas published in the Institute of Transportation Engineers (ITE), Trip Generation, 7* Edition. Table 1 summarizes the daily trip generation characteristics for this project. Palm Beach County pass-by rates were applied where applicable and subtracted fiom the trip generation calculations, since these are trips that are considered to be on the roadway network notwithstanding development on this tract. Due to the fact that part of the future vehicle trips will be made among the various land uses without going out of the site, internal trips were also calculated and subtracted fiom the total trips. Internalization calculations between the four classifications of proposed land uses and two classifications of current future land uses were performed using the guidelines published within the ITE, Trip Generation Handbook. The internalization percentages approved for both the Palm Beach County Biotechnology Research Park and Gardens Scientific and Technology Community Developments of Regional Impact (DRI) were also used to establish internalization rates between land uses. The internal trip calculation sheets for current future land uses and proposed future land uses are included in Table 2 and 3, respectively. The resulting number of net new tips in Table 1 is 1,374 fewer trips than would occur under the current future land use designation. This indicates that this project has no significant impact on the surrounding roadways. i; a "i a t n . Ms. Natalie Wong January 20,2005 Page 7 Therefore, since fewer trips will be generated by the proposed land use, no capacity analysis is needed based on City of Palm Beach Gardens Comprehensive Plan Transportation Element and Palm Beach County FLUA Amendment requirements. Conclusion McM has evaluated the potential traffic impacts associated with the proposed land use change to MXD development of the Briger Tract, in accordance with the City of Palm Beach Gardens Comprehensive Plan Transportation Element and Palm Beach County Future Land Use Atlas Amendment requirements. The proposed change in the fbture land use designation will result in a decrease in daily trip generation of 1,374 daily trips. Based on this result, no link capacity analysis is needed since the impact on the surrounding roadway system will not be significant. Therefore, McM recommends that the FLUA Amendment be approved. .+ .-?- -- ,' y&-m@*w, -- ,- . Board of Profess -- -I_ 01/20/2005 12 09 FAX M 002/003 W CJICCUTIVE Cwrtct. Seacoast Utility Authority Jmuq 20,2005 FAX 799-4111 Kam hill City of Palm Beach Gardens 10500 Military Trail Palm BcAch Gardens FL 33410 Re: Sr&r Tract Service Availability Information DcwMs. Irwin: Seacoast Utili@ Authority is pled lo olk tlre following rcspmc to pur savicc availability request fhxd to Bruce GrcBg on January 20,2005. l'he referenced project lies within Seacoast's water and sewcr service BTM. Subject to prevailing fees, charges, pohcks and practices, Seacoast rhcrcfort proposes to provide the projet with watcr and sewcr service. A statement of cumt Lreatmcnt plant capacity and pmjcctcd mce demand follows. CAPACJTY DEMAND SUMMARY EXPRESSED AS MLLION GAI..I.ONS PER DAY Currt3llt Plant COmmittd Capacity and in Use This Project (1 013 1/041 f10/3 1/04) WATER (Avg. Day) 24.60 2 1.02 1.45 SEWER (3 Mo. Max. Day) 12.00 8.45 1.14 RECLAIMED WATER 8.00 7.43 (Reclaiincd water treatment capacity expansion to 12.00 MGD began constniction in Jdanuiy 2005.) 43 0 Hood Road, ... \ Bcoch Gardens. rlorids 33 w Phocw. Customcr Service (561) 627-2920 I Executive Office (561) 627-2W /-Fax (561) 621-2839 Attachment F 01/20/2005-12 09 FAX 003/003 Krus lrwin Page -2- JdnUVrY 20,2005 While Seamast’s existing facilities provide sufficient water treatmenl Mpacily lo scrvc the project, Seacoast may determine that Floridan aquili-r wclls and a reverse osmosis water trttatment plant rcprcscnt thc most cffcctive way to meet future regional demand. If so, these fxilities will be sized to incorporate this project’s water supply nccds. Sinccrcly, SEACOAST yuLlTY AUTHORITY Rim Bishok Executive Director cc: RonFems Rnice Gregg Dee Gilts January 6,2005 MEMORANDUM To: Ms. Natalie Wong From: Daniel P. Clark, P.E., City Engineer Subject : Drainage Statement for the Briger Tract The Briger Tract is located north of Hood Road, south of Donald Ross Road, east of the Turnpike and west of Central Boulevard in Palm Beach Gardens. The site has a conceptual environmental resource permit issued from South Florida Water Management District to Northern Palm Beach County Improvement District. The site is approximately 708.14 acres. Drainage improvements to the site are identified in the Plan of Improvements for Unit 2/2A prepared by Northern Palm Beach County Improvement District. All of the drainage improvements have been completed or are currently under construction. The existing Unit 2/2A Permit has established finish floor elevations and sub-basin storage requirements consistent with SFWMD, NPBCID and City code requirements, for the site. Additional site specific improvements will require City and agency review and a permit modification. If you would like to discuss this, please call. Attachment G Thursday 13 of Jan 2005, Faxination ->561 799 4111 January 13,2005 LBFH (City of Pa..n Beach Gardens 3550 SW Corporate Parkway Palm City, FL 34990 Am: Judy A.T. Dye Subject: BrigerTract Availability of Solid Waste Disposal Capacity Dear Ms. Dye: The Solid Waste Authority of Palm Beach County hereby provides certification that the Authority has disposal capacity available to accommodate the solid waste generation for the full build out of the proposed Briger Tract project in the yaw 2020. This letter also constitutes notification of sufficient capacjty for concunency management and comprehensive planning putpases. Capacity is available for both the coming year, and the five and ten year planning perioaS spccificd in 9J-5.005(4). As of September 30.24W4, the Authority's North County Landfills bad an estimated 37,869,813 cubic yards of landfjll capacity remaining Based upon the existing Palm Beach Couniy population, the most raently available population growth rates published by the University of plod& Bmau of Eamomic and Business and Research (BEBR), mdum projection, and projected rata of solid waste generation, waste reduction and recycling, the Solid Waste Authority fmcasts that capacity will be available at the existmg landfill through appmximately the year 2021, assuming the depletion of the Class I and Class balanced. The Solid Waste Authwity of Palm Beach County currently owns land that could be developed as a landfill when the existing capacity is depleted, and easily provide capacity for 40 or more years beyond the current site capacity (i.e., beyond 2065). landfills is approximately Based on discussions with County planning staff regarding projects of similar scope and magrutude, the Briger Tract should not increase the rate of population gmwth, nor the total county population projection above that predicted in the BEBR medium projection. For this reoson the Briget Tract pmject will not have an impact on the long-term solid waste disposal capacity for Palm Beach County. The Authority is funded on an enteiprise basis. The annual disposal assejsment collected from all improved properties in the county, together with other revenues (recycling revenues. electricity sales, etc.) fund a11 the OM and capital expenditures for the Authority, including paying any costs associated with Bonds sold to fund capital improvements. Tht Authority continues to pursue optiws to increase the life of its existing facilities and to provide for all of the County's cumt and future disposal and recycling needs. Page 2 of 3 >-- -..- ..,. ." rw: Attachment H Thursday 13 of Jan 2005, Faxination ->561 799 4111 Page 3 of 3 lfyoa have my questions or I can be of further assistance, please do not hesitate to contact me. Marc C. Bruner, Ph.D. Director of Planning and Environmental Programs c: John Booth, SWA Dan Clark, Palm Beach Gardens Attachment I 0 0.25 050Km Swrce USGS 124.000 Della (1983). Jupm (1983). Rawera Beach (1983). and Rood (1983) Quadranqles Sections 26 and 35 Tawnahtp 41 Soulh. Range 42 East I Figure. Project: EP04122 July 2004 Location/Topographic Map Briger 683-ac Parcel Palm Beach Gardens, Florida EN V IRON M Eh TAL SERVICES. Ih'C. L ENVIRONMENTAL DESCRIPTION AND PROPOSED PROJECT EFFECTS FOR THE BRIGER TRACT PALM BEACH GARDENS, FLORIDA for City of Palm Beach Gardens Prepared by Biological Research Associates January 2005 G:\3903\009\b02\env ironmental-description .doc 20 January 2005 Attachment K Table of Contents 1.0 INTRODUCTION ......................................................................................................................... 3 2.0 SITE BACKGROUND ................................................................................................................. 3 Historical Aerial Photo Analysis (1975-Present) ....................................................................... 5 3.0 FINDINGS ..................................................................................................................................... 8 Plant Associations ....................................................................................................................... 8 3.1.1 Uplands ............................................................................................................................. 11 3.1.2 Wetlands ............................................................................................................................ 14 3.2 Wildlife ...................................................................................................................................... 15 3.3 Listed Species ............................................................................................................................ 16 PROPOSED PROJECT EFFECTS .......................................................................................... 21 2.1 3 .I 4.0 List of Tables Table 1 . Briger Tract Representative Plant Species ................................................................................... 8 Table 3 . Briger Tract Known and Potentially Occurring Listed Faunal Species ..................................... 17 Table 4 . Briger Tract Known and Potentially Occurring Listed Floral Species ....................................... 19 Table 2 . Briger Tract Faunal Species Occurrence (November 2004) ...................................................... 16 List of Figures Figure 1 . Location Map .............................................................................................................................. 4 Figure 2 . 1953 Aerial Photo Image of Briger Tract ................................................................................... 6 Figure 3 . BRA Land Cover Map .............................................................................................................. 12 Attachment A 1 . November 2004 Photostation Map 2 . Photofigures (1 -25) G.U903\009\b02\environmental.description. doc 20 January 2005 1.0 INTRODUCTION The Briger Tract is a primarily undeveloped property of approximately 708 acres located within the limits of the City of Palm Beach Gardens in Palm Beach County, Florida. It lies within Sections 26 and 35 of Township 41 South and Range 42 East, and is segregated into two parcels by Interstate-95 (Location Map). Both parcels are triangular owing to the diagonal orientation of 1-95, with the eastern parcel being larger. The surrounding vicinity has become culturally developed over the past 40 years, as detailed in a subsequent section on historic aerial photo analysis. In general, the site is bounded on the north by Donald Ross Road, on the west by Florida’s Turnpike, on the south by Hood Road, and is separated on the east from Central Boulevard by an intervening corridor of recently constructed residences and institutional structures. In the 1980s, 1-95 was constructed through the property on a northwest-to- southeast diagonal, including an interchange with Donald Ross Road in the northwest corner. There is no present Turnpike interchange associated with the site. Hood Road along the south boundary has an overpass spanning both highway rights-of-way. A general reconnaissance of the Briger Tract and vicinity was conducted in November 2004 by Senior Ecologist Kevin Atkins, a Professional Wetland Scientist and wildlife biologist with Biological Research Associates (BRA). Another recent assessment of the site was conducted by Environmental Services, Inc (ESI) in July 2004 for Kilday & Associates, Inc. on behalf of Palm Beach County. That report describes preliminary environmental findings concerning soils, vegetative communities, wetlands, listed species and cultural resources, including initial land use and cover mapping using the Florida Land Use, Cover and Forms Classification System (FLUCFCS), along with pertinent descriptions. This document incorporates those preliminary findings by reference, and supplements that baseline information with site-specific floral and faunal inventory and listed species tables, photofigures of representative environmental conditions, an historic aerial photointerpretation analysis, and preliminary discussion of potential environmental impacts related to a conceptual site development plan. Some refinements to ESI cover mapping also have been included in the BRA Land Cover Map. As the proposed project moves forward, additional site study and analysis tasks will need to be performed, as discussed in a later section. The focus of this document is to move the site’s environmental database and analysis closer to the submittal needs for regulatory and review agency purposes. 2.0 SITE BACKGROUND Existing public domain databases have been obtained and reviewed for the site, such as aerial photography, the Soil Survey of Palm Beach County Area, Florida (US Department of Agriculture 1978), land cover mapping by the South Florida Water Management District (SFWMD), and digital ortho-photo quadrangle maps by the US Geological Survey. The land cover and use of the property has changed little over the past half-century, particularly as compared to surrounding land uses, which include increasing roadways and infrastructure, residences, institutional facilities and recreational amenities. Based on the approximately 708-acre property boundary configuration studied for this assessment the only cultural uses for the land are associated with equestrian boarding and riding G:U903\009\bO2\environmental~description,doc 3 Quail 0 1 2 3 --- 1 inch equals 1 mile - Miles Briger Tract Citv of Palm Beach Gardens facilities (Ride-a-Horse Wandering Trails Boarding), which is centered in the southeastern comer of the site, and a nine acre area near the southwest corner known as the Batt School. The equestrian use includes mobile homekrailer facilities and improved and semi-improved horse pasture, with trails emanating throughout the eastern triangle parcel of the tract. In today’s site landscape, this area has the least tree cover and occupies about 15 acres (see photofigure 17 in Attachment A). The upland and wetland cover types are addressed in the Plant Associations section. The topography of the site is uniformly level throughout, except for minor, sporadic depressions associated with wetlands. The average elevation above sea level is about 15 feet. There is a significant drainage ditch (not a canal) that traverses the site and flows from west to east in the southern portion, and another from north to south in the eastern portion. The history of these drainage conveyances is chronicled in the following aerial photointerpretation section. Approximately a dozen soil types have been mapped for the property, with a high percentage considered as hydric. The majority of the uplands occur on Myakka, Immokalee and Oldsmar sands, and wetlands occur predominately on Basinger and Myakka sands, depressional, with some Sanibel and Okeelanta muck. The soil type general descriptions and the available database map by the Soil Conservation Service/Natural Resources Conservation Service were presented in the July 2004 ESI report, and are not duplicated here. 2.1 Historical Aerial Photo Analysis (1 975-Present) For a better understanding of past and present environmental site conditions, four dates of available aerial photo imagery were examined: 2003, 1970, 1964 and 1953. In general, this 50-year period of record indicates three primary changes: wetlands quantity and quality have been reduced over time; upland canopy cover, primarily by pines, has significantly increased; and cultural infrastructure associated with roadways, residential and institutional development has literally surrounded the site over the past half-century. The historic imagery was obtained, with gratitude, from the Natural Resources Conservation Service (NRCS) of the US Department of Agriculture. The 1953 imagery (Figure 2) shows no cultural development surrounding the property, other than Hood Road at the south boundary, and the beginnings of local and regional drainage and agricultural activities. Florida’s Turnpike, 1-95 and Donald Ross Road did not exist at that time, but Old Dixie Highway was in place about one mile to the east. The photography (27 November 1953) was taken about two months after the end of the normal wet season, and indicates inundation of virtually all on-site and local wetlands, and considerable local and regional wetland contiguity relative to present conditions. Although no canals had yet been excavated locally, a significant drainage ditch conveyance already was cut, meandering from west to east, into the southern quarter of the site, and another from north to south, parallel to the east property line in the eastern quarter of the site. Some lesser internal ditching associated with wetlands occurs in several other locations on-site. A striking feature of the site in 1953 relative to today’s condition is the absence of forest canopy. While the current situation involves nearly continuous canopy cover of 70 percent or greater (with the exception of the horse-boarding area in the southeastern comer), the tree cover 50 years ago was relatively minor. Presumably, the original pine and cypress timber resources in the uplands and wetlands, respectively, were harvested nearly completely prior to 1950, which was common for the 5 G:U903\009\b02\environmental~description.doc region and state. It is possible that the site’s wetlands were not historically forested. The greatest aggregation of apparently mature trees on-site appears to have been in the southwest quarter of the property, and those probably were hardwood species, as they predominantly are today. There was also a small stand of trees, likely slash pines, which occurred in the north-central area of the tract. Virtually all of the wetlands on-site appear to have no tree or shrub cover, and colonization by exotic melaleuca trees would not yet have taken place. The 1964 imagery still indicates an absence of cultural development in the region of the site, but Florida’s Turnpike Mainline was in place (late 1950s), as well as Donald Ross Road. It appears that a drainage conveyance had recently been excavated in the location of today’s right-of-way for Central Boulevard, paralleling the east property boundary. The wetlands appear to be in relatively the same condition as 11 years previous, with perhaps a bit more shrub cover, but similar configurations. There is evidence of increasing pine tree cover in site uplands, and the forested cover in the southwest quadrant had become more dense. A lineal assemblage of trees was developing along the east-west drainage conveyance that appeared to be recently excavated in 1953. It ultimately connects to Lake Worth Creek (Intercoastal Waterway) about 1.5 miles to the east. By 1970, the surrounding region was beginning to change character from primarily natural and minimally modified to increased drainage, roadways and agricultural conversion of former pinelands and gladelands. Much of the present location of Abacoa and Florida Atlantic University had recently been converted to row crop agriculture, and there was agricultural activity along both sides of Hood Road at the site’s southern boundary. The Interstate 95 right-of-way had not yet been established, and there was no additional on-site ditching, other than one along the property’s northwestern boundary, from Donald Ross Road south, tangent to the curve in the Turnpike. In general, tree cover was increasing throughout the site, but neither the uplands nor wetlands could be considered forested (less than 25 percent canopy cover) 35 years ago. The 2003 aerial imagery shows that the next three decades ushered in extensive cultural development, locally surrounding the tract, effectively eliminating agricultural land uses, and taking advantage in many cases of the prior conversion of natural systems to agricultural ones. The most obvious site changes since 1970 were: the addition of the 1-95 right-of-way through the property, diagonally from northwest to southeast; the maturation of the upland forest canopy cover throughout the site, except for the horse boarding facilities and pastureland in the southeast quadrant; and the colonization of many wetland basins by naturalized melaleuca trees, along with willow shrubs in some cases. The two ditch systems described in 1953 still exist, but are less evident due to increased vegetation cover. There is a culverted conveyance under 1-95 at the location of the original east-west ditch. The historical contiguity of many on-site wetlands has been diminished and obscured by the rapid establishment since 1970 of the pine-palmetto complex that dominates the uplands today. Local, regional and wellfield drainage impacts also have contributed to a general decrease in wetland vigor, hydroperiod conditions and connectivity. By the end of 2004, the Briger Tract was effectively surrounded on all sides by residential, institutional and other cultural developments. 7 3.0 FINDINGS 3.1 Plant Associations This section provides a summary of initial environmental findings for the Briger Tract. Additional and more detailed site studies will be required prior to any proposed site plan permitting. The preliminary mapping of upland and wetland natural features contained in this document and the ESI report will need further refinement prior to site plan development approval (DRI-ADA) and Environmental Resource Permit (ERP) application submittals to the pertinent regulatory and review agencies. However, the initial descriptions provided in the Vegetative Communities section of the ESI report are a framework that will be enhanced as appropriate for such submittals, with input from BRA’S continuing investigations. As part of the completeness for agency submittals, BRA has developed a Briger Tract Representative Plant Species inventory (Table 1) based on site-specific occurrence. Table 1. Briger Tract Representative Plant Species I Common Name I Scientific Name G:U903\009\bO2\environmental~description.doc 8 I Common Name 1 Scientific Name G:U903\009\b02\environrnental~description.doc 9 Common Name I Scientific Name G:U903\009\b02\environmenta~description.doc 10 Common Name 1 Scientific Name 1 Smartweed Polygonum sp. Smutgrass Sporobolus poirettii Southern cattail Typha domingensis Southern needleleaf Tillandsia setacea SDanish moss Tillandsia usneoides SDatterdock 1 NuDhar advena I SDikerushes I Eleocharis SDD. I St. John’s -worts I HvDericum SDD. I Uplands 3.1.1 BRA’S upland habitat and land cover mapping has identified twelve FLUCFCS code types with the following acreages and percent cover relative to a total site area of 708 acres (see BRA Land Cover Map). Improved Pasture - FLUCFCS code 21 1; 40.6 acres; 5.7 percent Unimproved Pasture - FLUCFCS code 212; 15.6 acres; 2.2 percent Horse Farm - FLUCFCS code 251; 15.9 acres; 2.2 percent G:U903\009\b02\environmental~description.doc 11 0 0 N 0 Dry Prairie (herbaceous) - FLUCFCS code 3 10; 5.3 acres; 0.7 percent Shrub and Brushland - FLUCFCS code 320; 1 1.2 acres; 1.6 percent Pine Flatwoods - FLUCFCS code 41 1; 424.3 acres; 60 percent Pine - Mesic Oak - FLUCFCS code 414; 52.5 acres; 7.5 percent Brazilian Pepper - FLUCFCS code 422; 3.2 acres; 0.5 percent Melaleuca - FLUCFCS code 424, 33.1 acres; 4.7 percent Australian Pine - FLUCFCS code 437; 0.7 acres; 0.1 percent Mixed Hardwoods - FLUCFCS code 438; 20.5 acres; 2.9 percent Total Upland Cover - 623.0 acres; 88 percent The dominant cover type on-site can be classified under the general category of Pine Flatwoods, with about 60 percent of the total area. As noted in Section 2.2, the pine canopy and saw palmetto-dominated understory has regenerated, following presumed harvesting, over the past 50+ years. The vegetative constituents and quality of native pine flatwoods habitat varies throughout the property, but all areas with a prevalence of slash pine canopy greater than 50 percent, and with predominantly native plants in the ground cover and understory, have been mapped in this category (see Photofigures 1, 5, 10 and 20). Some such areas may lack saw palmetto in the understory, some may have cabbage palm and oak components, and some have naturalized melaleuca invasion. The more classic flatwoods composition that includes gallberry, myrsine and wiregrass, among other associates, is frequently not the case. In many areas the saw palmetto understory is very robust, to the exclusion of other plants. Throughout the property exotic melaleuca trees have invaded uplands, as well as wetlands, and colonization by this ecologically detrimental species continues to increase (see Photofigures 2, 3, 8, 11 and 13). This cover type has been separately mapped where it dominates the vegetation in areas of an acre or more. Most of these areas are associated with present and former wetlands, but about 33 acres have been mapped within uplands. A number of other nuisance tree species also occur in various habitat types, but usually in sporadic occurrences rather than colonies (Photofigure 7). Solid stands of exotic Brazilian pepper and Australian pine have been separately mapped in uplands, with about three and one acres, respectively. The improved and unimproved pastureland, and the equestrian land use (Photofigure 17), totaling about 70 acres, are not considered native upland habitat. The same is true for the disturbed plant assemblage mapped as Shrub and Brushland (about 11 acres). Deleting these cover types and the exotic-dominated areas from the overall uplands yields about 500-520 acres of native upland habitat for site classification purposes. Quantification of native upland cover will be refined prior to permitting. G:\3903\009\b02\environmental~description.doc 13 3.1.2 Wetlands The functions, values and extent of wetlands on-site are subject to interpretation, and the reasonable scientific judgment of environmental professionals and regulatory personnel may differ. The ESI report (page 6) states that in 1965 “the property appeared to be dominated by wetlands,” but that currently it is “characterized as predominantly native upland vegetation.” That report further mentions that, “the majority of wetlands on the property today exhibit reduced hydrology and are infested with upland and exotic vegetation.” The opinion that wetlands were more prevalent on-site 40 and more years ago is supported by historical aerial photography, the mapping of hydric soils in the late 1970s, and undoubtedly by local and regional surficial water table reductions in recent decades. It also appears from older aerial photography and the soils mapping that there was more contiguity between site wetlands historically, as opposed to the generally isolated nature of wetland pockets today. Analysis of 1953 aerial photography (Figure 2) indicates that most wetlands in the southern one-third of the property were naturally connected, and also linked by that time by a recently excavated drainage conveyance, with drainage to the east. The northern two-thirds of the tract appears to have drained to the northeast via a number of sloughs that linked many, if not most, site wetlands. This surficial drainage naturally passed off-site immediately east of present-day Abacoa and Florida Atlantic University toward the Intracostal Waterway. It is apparent that the combination of enhanced surficial drainage (via two significant regional ditches that extend into the site), modifications of drainage patterns and surficial hydrology by surrounding major roadways, and local water level and duration (hydroperiod) reductions by canals and wellfield production have reduced the on-site area of wetlands that can be claimed as jurisdictional by the state (SFWMD) and by the federal US Army Corps of Engineers (COE). At issue for site developmental permitting is the extent and location of wetlands that today can be classified as jurisdictional based on existing soils, hydrology and vegetation. Such determinations have been made more difficult by extremes of drought and flooding in recent years, including the extreme hurricane season of 2004. As a result, the preliminary wetland jurisdictional interpretations of ESI (about 54 acres) and BRA (about 76 acres) vary, and more in-depth site investigations, along with regulatory agency opinions, will be required to finalize this determination. It is reasonable to assume that the cumulative wetland area on- site claimed by the SFWMD and/or COE will be between 50 and 100 acres with some isolated wetlands not jurisdictional for the COE. This determination will be made, in conjunction with the pertinent agencies, prior to the ERP permitting process. An appropriate mapping and quantification of wetlands will be refined prior to submittal of the DRI-ADA. The ESI report (page 11) contains preliminary descriptions of site wetlands that can be augmented as necessary for DRI-ADA and ERP submittals. Refinements for those purposes will include enhanced details concerning indigenous plants and wildlife, a discussion of functions, values and the generally diminished quality for most systems, and probably the discrimination of one or more wetland sub-types. BRA’S Land Cover Map for the Briger Tract produced for this document has begun that process, but additional site-specific studies are required and will be conducted. 14 An area at issue in this regard occurs in the southern portion of the western triangle parcel. There is a forested association of mixed hardwoods and pine-mesic oak trees that occurs on soils mapped as Pinellas, Anclote, Myakka and Holopaw sands. The tonal signature on historic aerial photography suggests saturated soils conditions, and for unknown reasons many of the trees were not harvested over50 years ago when almost all of the other timber on-site had been removed. Today, preliminary inspection indicates ambiguous wetland indicators relative to soils, hydrology and vegetation. Further investigation of these parameters is warranted, as are agency determinations from the SFWMD and the COE. This settlement of classification is important since even a partial claim of jurisdiction could add 20 or more acres of forested wetlands to the site’s inventory. The two vegetative cover types involved in this area have the property’s most mature tree specimens and highest botanical diversity. Even more than the rest of the tract, this plant assemblage was disturbed and damaged by Hurricanes Frances and Jeanne in the late summer of 2004. Following those two storms, and record September rainfall for the area, there was evidence of west-to-east sheet flow through all site lowlands and much of the uplands due to the extraordinary conditions. A few site wetlands retain good quality hydrologic and hydrophytic conditions in association with seasonally wet and semi-permanent inundation, and muck soils conditions (see Photofigures 12, 16 and 18). Most of the wetlands are more transitional in nature, having evolved from glades-type emergent marshes and seasonally wet prairies strung together to form eastward flowing sloughs historically, and since have been adversely affected by hydrologic modifications to surficial and sub-surface water resources locally and throughout the region. The overall reduction in hydroperiod has allowed for invasion by detrimental plants, principally melaleuca, and encroachment by upland species. Virtually all of the wetlands with a shallow basin and a sandy substrate are now dominated by “facultative” and “facultative-wet” plants rather than “obligate” hydrophytes. Examples are presented in Photofigures 2, 3, 4, 9, 11, 13 and 14. Nonetheless, many of these areas still meet sufficient state and/or federal criteria for classification as wetlands. A discussion of the mitigation aspects of potential project impacts is provided in Section 4.0. 3.2 Wildlge Wildlife and listed species surveys of the site that meet the state (Florida Fish and Wildlife Conservation Commission [FFWCC]) and federal (US Fish and Wildlife Service [USFWS]) criteria for sufficiency by habitat type have not yet been undertaken. Appropriate field studies and the species to be addressed will be coordinated with the FFWCC and USFWS. Pertinent representatives of those agencies will visit the site in January 2005. Warranted investigations and documentation will be carried out and reported prior to project permits issuance. Since only preliminary field studies have been undertaken to date, the known and expected vertebrate fauna inventory for the site is incomplete. BRA’S tabulation of opportunistically encountered animals is presented in Table 2, including 13 bird species, five (5) mammals, four (4) reptiles and two (2) amphibians. The ESI report contains a similarly brief listing of faunal occurrence (page 14). Additional information will be gathered on all fbture site visits leading up to application submittals to the agencies, and there will be continued coordination with representatives of the FFWCC and USFWS throughout the process. G:U903\009\bO2\environmental~description.doc 15 Table 2. Briger Tract Faunal Species Occurrence (November 2004). 11 Southern toad I Bufo terrestris I Black racer Coluber constrictor Brown anole Anolis sagrei Gopher tortoise (sign) Gopherus polyphernus Green anole Anolis carolinensis 3.3 Listed Species As noted above, field survey criteria for general wildlife and listed plant and animal occurrence have not yet been met by the preliminary nature of the ESI and BRA studies of the Briger Tract and vicinity. Some listed species have particular survey requirements related to type, time, duration and coverage of effort, available habitats, and season(s) of the year. A proposed tabulation of known and potentially occurring listed species (flora and fauna) has been presented to the FFWCC and USFWS for review and approval. BRA has developed and attached these lists as Table 3 (listed fauna) and Table 4 (listed flora). The lists will be refined, if necessary, following further coordination with the wildlife agencies. 16 Tract Known and Potentiall Occurrir I Listed Faunal Soecies. American alligator SSCITISA Alligator Wetland and aquatic rangeland Pedestrian and vehicular transects Pedestrian and vehicular transects 0 TIT Audubon’s Crested Caracara Bald Eagle L Haliaeetus leucocephalus Pedestrian and vehicular transects TIT Nest in tall trees (usually pine) near coasts, rivers, lakes and wetlands Sandhills, ruderal communities, dry prairies; ag. land A diversity of upland/low land habitat Ursus americanus Forested wetlands floridanus and uplands Ammodramus Open prairies and savannarum rangeland floridanus Felis concolor coryi I Large wilderness L Burrowing Owl Athene cunicularia SSCI- Pedestrian and vehicular transects Pedestrian and vehicular transects Pedestrian and vehicular transects Pedestrian transects and playback tapes L TIT Tl- Eastern indigo snake Drymarchon corais couperi M L Florida black bear Florida Grasshopper Sparrow Florida L E/E EIE L Pedestrian and vehicular transects Pedestrian and vehicular transects; aerial nest survey Pedestrian and vehicular transects panther Florida areas Breed in emergent palustrine wetlands; forage in pasturesfprairies Long hydroperiod wetlandslaquatic systems with Pomacea snails Xeric oak scrub, sand pine scrub, breed in shallow grassy ponds or ditches, use tortoise burrows Sandhills, xeric oak scrub, sand pine scrub, scrubby flatwoods; agricultural lands Nest in a variety of ground and tree locations, uses streams, swamps, and marshes with apple snails Breeding: marshes, swamps, ponds, estuaries, rivers; nest in shrubs and small ~ M TI- Grus canadensis pratensis Sandhill Crane E/E Rostrhamus sociabilis plumbeus Florida Snail Kite L SSCI- SSCI- Rana capito Pedestrian transects; inspection of burrow entrances Gopher frog M Gopher tortoise Gopherus polyphemus Burrow survey 2 25% in suitable habitat; pedestrian transects 0 Aramus guarauna Pedestrian and vehicular transects SSCI- Limpkin M Little Blue Heron Egretta caerulea Pedestrian and vehicular transects SSCI- H G:L3903\009\b02\environmental~description.doc 17 State/Federal TIT trees Mature pine woodlands Breeding: marshes, swamps, ponds, estuaries, rivers; nest in shrubs and small trees Breeding: marshes, swamps, ponds, estuaries, rivers; nest in shrubs and small trees Sandhill and open rangeland nest in cavities of dead trees and abandoned woodpecker nests Breeding: marshes, swamps, ponds, estuaries, rivers; nest in shrubs and small trees Breeding: marshes, swamps, ponds, estuaries, rivers; nest in shrubs and small trees Breed in emergent palustrine wetlands; forage in pastures Estuarine or freshwater wetlands; nest in tops of trees in cypress or mangrove swamps L Red-cockaded Woodpecker Roseate Spoonbill Picoides borealis Pedestrian and vehicular transects Pedestrian and vehicular transects Ajaia ajaja SSCI- L Snowy egret Egretta thula Pedestrian and vehicular transects SSCI- TI- H Southeastern American Kestrel Falco sparverius paulus Pedestrian and vehicular transects L-M H Tricolored Heron Egretta tricolor Pedestrian and vehicular transects ~ H SSCI- Pedestrian and vehicular transects White Ibis Eduocimus albus Grus americana Pedestrian and vehicular transects “Experimental population” Whooping Crane Wood Stork L E/E Mycteria americana Pedestrian and vehicular transects 0 18 Table 4. Bri er Tract Known and Potential1 Occurrin I L Bahama brake Pteris bahamensis fern Beach Jacquemontia reclinata jacquemontia Beach star Remirea maritime Beachberry Scaevola plumieri Blue butterwort Pinguicula caerulea Brown-hair Ctenitis submarginalis comb fern Burrowing four- Okenia hypogaea o’clock Catesby’s lily Lilium catesbaei Celestial lily NemastylisJloridana Climbing vine Microgramma heterophylla fern Coastal vervian Verbena maritima Curtis’ milkweed Ascelpias curtissii Cutthroat grass Panicum abscissum Dancing lady Tolumnia bahamensis orchid I Delicate ionopsis Ionopsis utriculariodies Dildoe cactus Acanthocereus teragonus Erect prickly-pear Opuntia stricta cactus Florida jointtail Coelorachis tuberculosa Florida Keys Indigofera mucronata var keyensis indim Florida lantana Lantana depressa Florida Dalea carthagenesis var. jloridana prarieclover Florida threeawn Aristida rhizomophora grass Four-petal Asimina tetramera pawpaw Giant swordfern Nephrolepis biserrata Golden golden Acrostichum aureum leather fern Hand fern Ophioglossum palmatum G: \3903\009\bO2\environmental~description. 19 doc VL (coastal) (pine -/CI VL (coastal) I10 M (swamp) M (swamps, hvdric hammock) -/I I 12 I VL (beach dunes) l6 -/I M - H (flatwoods) I -/R I12 1 M - H (flatwoods) I 4.5 I Mgmt ConcedI (rockland 8 -/R VL hammock) VL (coastal) -/I 6 -/R 8 M (swamp) -/I 8 I VL (scrub) -/CI I- VL (deep strand swamps) VL (coastal) VL (coastal scrub) M (marshes) VL (pine rockland) VL (coastal) VL (Pine rockland) M - H (flatwoods marsh) L (scrub) -1 12 4- q= 4.5 -1- + E/CI M (swamps) -I- 11 11 I VL (coastal) I I M (cabbage palm) I -/I 16 Hayscented fern Dennstaedtia bipinnata Inflated wild-Pine Tillandsia balbisiana M (cypress) -1- 12 VL (scrub) -m 12 Large-flowered Conradina grandijlora conradina Night-scented 1 Epidendrum nocturnum etidendrum VL (deep strand Nodding pinweed Lechea cernua Okeechobee Cucurbita okeechobeensis gourd 10 - EICI M (swamps, floodplains) VL (scrub) I CI - - -/CI L (hammock flatwoods) -1 1 rockland) VL (coastal) -1- Sand-dune spurge Chamaesyce cumulicola Satinleaf Chlysophyllum oliviforme 5 11 L (rockland 1 , hammock hammock Silver thatch palm Coccothrinax argentata 5 Simpson’s rain Zephyranthes simpsonii lily Southern ladies’- Spiranthes torta tresses Spreading Lechea divaricata pinweed Star-scale fern Pleopeltis astrolepis -/R M (savanna, flatwoods) - M (pine rockland) -/CI 7 L - M (flatwoods) -/I -/CI VL hammock slough) L (pine rockland) E/CI L - M (cypress swamp) L - M (rockland hammock) (hydric -/I 0 (cypress) -/R VL (coastal) 4- 2 4 vein fern soleenwort 12 Twisted airplant Tillandsiaflexuosa Yellow nicker Caesalpinia major 5.5 The floral list was produced based on known occurrence in Palm Beach County as reported by the Florida Natural Areas Inventory and by the Institute for Systematic Botany at the University of South Florida. This list includes the Rule 95-2.041 F.A.C. Department of Community Affairs (DCA) list, plus any plant that the Florida Endangered Plant Advisory Council has given a rank of 12 or less. The listed 20 faunal survey will follow species-specific procedures outlined in the FFWCC’s “Wildlife Methodology Guidelines” for ADA approval, as well as any negotiated USFWS protocol. To date, the preliminary listed species surveys associated with the Briger Tract that have been conducted by ESI and BRA have identified the occurrence of only one (1) resident listed animal, the gopher tortoise (Gopherus polyphemus), which is considered a Species of Special Concern by the FFWCC, and is not listed by the USFWS. This species currently is being reviewed by the FFWCC for elevation to Threatened status, but any potential action is not anticipated prior to project permitting. The vast majority of the property has only marginal habitat for the tortoise and only remnant individuals are expected to be located by specific field surveys. Although no individuals have been observed, a few active burrows and recent evidence (scat) have been encountered. Several Wood Storks (Mycteria americana; endangered) were observed foraging opportunistically in a nearly dry wetland in the southeast quadrant in November 2004. Other potential species, along with their preferred habitat, sampling method, probability of occurrence, and state/federal legal status, are indexed in Table 3. No significant listed plant species have been identified on-site, and highly consequential protected plant or wildlife issues for site development are not expected. At the time of this report, the nearest known Southern Bald Eagle (Huliuectus leucocephalus; threatened) nest (#PB 12) was located about 1.5 miles northeast of the site; 2005 nest survey data are currently being calculated. 4.0 PROPOSED PROJECT EFFECTS The Briger Tract is a presently undeveloped property of about 708 acres situated within the City of Palm Beach Gardens in Palm Beach County, and is surrounded by existing roadways, residences, schools and recreational amenities. Despite its generally natural character, appropriate development of the site would be compatible with the local land uses, pending rezoning and other local/regional government and permitting approvals. While none of the existing natural resources appear to present any “fatal flow” impediments to development, a site plan that optimizes cultural use of the available land area will require certain considerations for the natural environment, and probably both on-site and off-site mitigation for unavoidable environmental impacts. This document is not accompanied by a specific site plan, but probable effects can be deduced at this point in the process for a large-scale project to include six to eight million square feet of research and development, along with some residential, professional office and commercial uses. The following discussion is predicated on the vision that at least three- quarters, or a minimum of 550 acres, of the overall tract would be subject to development in order to accommodate these uses. The previous sections of this document were devoted to identifying the extent of existing, preliminary environmental information about the property, and also the types of tasks that still need to be performed in order to produce a sufficient DRI-ADA and a complete ERP permit application. These continuing environmental tasks will include the following: 21 e e e e e e e e e e e e e e e e Final cover mapping refinements and acreages by type for both uplands and wetlands. Pre-application project meetings with environmental regulatory and review staff with state (SFWMD and FFWCC), federal (COE, USFWS and possibly the US Environmental Protection Agency) and county (PBC-ERM) agencies. Field-flagging of state/federal wetland jurisdictional delineations (if required after pre- application meetings). SFWMD and COE field verification of wetland conditions, and delineation flagging (if required) for survey and mapping. Establish seasonal high water (SHW) elevations for each wetland, and get agency approvals for subsequent survey. Coordinate with surveyors, as necessary, on wetland delineations and SHW elevations, and QC mapping products. Conduct field/office functional evaluations of wetlands using Florida’s Unified Mitigation Assessment Methodology (UMAM) as required by SFWMD. Conduct qualitative evaluations of wetlands using the Wetland Rapid Assessment Procedure (WRAP), if required by the COE following pre-application discussions. Get approval for listed plant and animal species for the site from the FFWCC and USFWS, and also for any species-specific field survey methodologies. FFWCC and USFWS field verification of conditions and habitats on-site. Conduct listed species field surveys and map results for flora and fauna. Environmental coordination with site planners and drainage engineers, especially concerning avoidance and minimization of environmental impacts. Determination of native upland and jurisdictional wetland impacts from implementing the site plan. Determination (quantification) of wetland “loss” parameters for mitigation purposes including direct, secondary and cumulative impacts. Development of an on-site upland and wetland mitigation plan to the extent practicable, and quantification of environmental “lift” parameters. Supplement, as necessary, any on-site mitigation plans with a viable/permittable off-site plan. 22 Ensure consistency of all environmental planning and mitigation with City, County, State, and Federal rules, ordinances and regulations. Produce required DRI-ADA environmental responses, including Map F, Map G, Question 12 and Question 13. Produce environmental data, text and mapping for Sections D and E of the Environmental Resource Permit application, in coordination with the design and drainage engineers, for submittal to state and federal regulatory and review agencies, and respond to any requests for additional information. Proposed project wetland impacts could affect over two-dozen individual systems and 50 or more total acres, depending on the final site plan. Over one mile of long-standing drainage ditching also may be claimed as jurisdictional by the SFWMD and/or COE. An appropriate mitigation plan will begin by preserving and enhancing all possible wetlands on-site. If wetland losses outweigh proposed on-site mitigation lift, off-site supplemental lift will be identified. Recently, the City of Jupiter was required by the SFWMD to mitigate for identified hydrologic impacts to some Briger Tract wetlands (in the northwest quadrant, as a result of nearby wellfield groundwater withdrawls) by purchasing credits at the Loxahatchee Mitigation Bank. Although this site is very far north for the service area of that bank, and the District likely would prefer another off-site option, few are available and the permitting precedent may have been set by the November 2004 wellfield settlement. It is worth noting that the Lemon Grove Mitigation Bank, while not yet permitted, recently had its service area negotiated with the District to specifically include the Briger Tract. Additional off- site wetland mitigation opportunities potentially could be provided on public lands requiring restoration in the same drainage basins that are owned by Palm Beach County or local government. Any or all of these off-site options for partially mitigating on-site wetland impacts will have to be negotiated with the SFWMD and the COE, with probable collaboration with the County. With respect to native upland habitat considerations, it has been preliminarily determined that about 500 acres on-site will be included in this category, with the vast majority being pine flatwoods. The site development and mitigation plans must be consistent with the Conservation Element of the City of Palm Beach Gardens Comprehensive Plan, and also with the Environmental Standards for Palm Beach County and the Strategic Regional Policy Plan of the Treasure Coast Regional Planning Council, to the extent they are applicable. While Section 78-250 of the City of Palm Beach Gardens Land Development Regulations requires the preservation of 25 percent of viable environmentally significant lands, intact with canopy, understory and ground cover, such as pine scrub, xeric oak forest, hardwood hammock, and pine flatwoods, Section 78-252 of the City of Palm Beach Gardens’ Land Development Regulations allows alternative forms of mitigation of the 25 percent set aside. The mitigation methods adopted within the City’s code include off-site preservation, payment in lieu of preservation, and environmental restoration or creation. In the case of the Briger Tract, this set aside, whether mitigated off-site, preserved on site, or a combination thereof, will total approximately 125 acres. Pending a site plan approval, it would seem most logical that a portion of the set aside could occur in the northern portion of the western triangle parcel, where it can be discrete from development and properly managed. G:U903\009\b02\environmental~description,doc 23 Another potential effect of the proposed project involves state and federal listed species, and animals in particular. Any listed plants occurring on-site technically belong to the landowner, who can relocate or even remove specimens at their discretion. Regarding listed wildlife, it is known that there is resident, but limited use of the site by gopher tortoises (Species of Special Concern; state) and transient use by Wood Storks (Endangered; state/federal). Preliminary findings suggest that the tortoise population may be scattered and small, and individuals in harm’s way perhaps can be relocated to an on-site upland preserve. If necessary, other mitigation options can be addressed following location and quantification of this species’ occurrence. The FFWCC will require tortoise-specific surveys to be conducted in at least 25 percent of available habitat for assessment of the population and mitigation needs. For relocation on-site (assuming appropriate recipient area conditions) a complete survey and burrow location marking would be required in order to avoid “incidental take” permitting and compensation. It is likely that the FFWCC and/or USFWS will require additional species-specific surveys on-site for such animals as the gopher frog (concurrent with tortoise burrow surveys), Southeastern American Kestrel (primarily in the southeast quadrant of the site) and Species of Special Concern wading birds. Based on the initial site studies, listed species utilization of the property appears minimal, but that determination will require additional site investigations and FFWCCLJSFWS consultation, which will occur in association with DIU-ADA and ERP application preparation tasks. 24 Attachment A Briger Tract Photofigures November 2004 1. Photostation Map 2. Photofigures (1-25) 0 600 1200 1800 2400 Image 1999 Senes USGS DOQQ I-- I Feet 1 inch equals 800 feet BRIGER TRACT NOVEMBER 2004 PHOTOFIGURES Photo 1. Typical stand of slash pine and young cabbage palms in northeast quadrant of site (debris and poor condition result from two recent hurricanes). Photo 2. Transitional edge of a wet prairie that has standing water, with melaleuca in the transitional zone and remnant hydrophytic vegetation including buttonbush, Baker’s cordgrass and Carolina willow. Photo 3. South side transitional zone of the same wetland showing melaleuca invasion and algal mat hydric indicators. Photo 4. Eastern view across the same wetland basin showing melaleuca, cabbage palm, wax myrtle and transitional grasses invasion. Photo 5. Typical pine flatwoods with saw palmetto and gallberry understory in the northern portion of the tract. Photo 6. Small area of north-south oriented open upland with bahia grass, surrounded by slash pine, melaleuca, cabbage palm and some Australian pine. Photo 7. Depicts invasion by naturalized earleaf acacia (Acacia auriculiformis) at the edge of pine flatwoods. Photo 8. North view of a stand of young melaleuca densely invading an open transitional area with broomsedge, dog fennel and disturbed site plants. Photo 9. North view of a circular depression that is a seasonally wet wetland, broomsedge, dogfennel, melaleuca, maidencane, and cordgrass. with Photo 10. Northwest quadrant of the property, looking east toward slash pines and dense saw palmetto averaging 6-7 feet tall, clearly marking the historic wetland basin edge. Photo 1 1. The same wetland showing significant encroachment by sapling melaleuca, the dry, sandy substrate of the basin, and mature melaleuca and pine trees in the background. Photo 12. Small, circular basin that is adjacent to the east right-of-way of northbound I- 95, near where the exit ramp taper begins; increasingly scrubby, but with good hydrophytes. Photo 13. An ephemeral wet prairie basin, historically connected to the wetland pocket in Photo 12, and experiencing melaleuca invasion.. Photo 14. Small, circular basin that appears to have been dewatered over time perhaps due to the local wellfield. Photo 15. North view of the wetland system that is just south of Donald Ross Road and Heights Boulevard showing basin inundation and melaleuca invasion. Photo 16. Small marshkhrub wetland in the southeastern quadrant of the property at the northwestern edge of the pastureland area. Photo 17. southeastern corner of the site.. View of the semi-improved pasture area, from north to south, in the Photo 18. Large (approximately six acres) freshwater marsh and willow swamp adjacent to the east side of the northbound right-of-way for 1-95, viewing from northwest to southeast, showing inundation, sapling pine invasion and extensive sawgrass. Photo 19. Typical horse trail through northeast quadrant flatwoods, showing pines and saw palmettos, and an upland association of gallberry, staggerbush, and wiregrass. Photo 20. Forested association in the southwest corner of the site that includes guava, balsam apple, red mulberry, strangler fig, cabbage palm, various hardwoods and ferns, with invasion by Brazilian pepper. Photo 21. North-looking view from the southwest corner of the Turnpike/Hood Road intersection showing an inundated seasonally wet prairie and a foraging Great Egret. Photo 22. Near the same spot looking to the northeast at a willow-dominated shrub swamp, with red maples, oaks and pines in the background. Photo 23. North view from the top of the Hood Road bridge over 1-95 looking at the breadth of the tract as it is bisected by the Interstate, the eastern parcel on the right and the western parcel on the left. Photo 24. View from the same location looking east-northeast at cleared land associated with a horse boarding landuse and pine-dominated woodland. Photo 25. View from the same location looking northwest toward the western parcel and oak-pine association and edges of a couple of wetlands fragmented by 1-95. MARKET ANALYSIS FOR A 708.14 ACRE PARCEL KNOWN AS THE BRIGER TRACT FROM RESIDENTIAL LOW (RL) LAND USE DESIGNATION TO MIXED USE (MXD) LAND DESIGNATION AS A RESULT OF A CITY- WIDE ECONOMIC DEVELOPMENT INITIATIVE TO DIVERSIFY THE TAX BASE. SUBJECT AREA The Briger Tract is located within the municipal boundaries of the City of Palm Beach Gardens. The 708.14-acre parcel is generally bounded to the south by Hood Road, bounded to the east by the Residential Low (RL) San Michele community, the Benjamin School and Mixed Use (MXD) development, Legends at the Gardens; to the north by Donald Ross Road then the Town of Jupiter, to the west by Florida’s Turnpike and Palm Beach County Residential Community of East Pointe and is bisected by Interstate 95 (FDOT State Road No. 9). DEMOGRAPHIC ANALYSIS Generally speaking, the Palm Beach Gardens’ workforce is comprised of professionals who are in the middle of their career cycle, stable and highly educated. Figures I, 2, & 3. Management, professional, and related fields account for 46.9% jobs held by Palm Beach Gardens’ citizens according to the U. S. Census 2000. See Figure 1. Figure 1 Distribution of Occupations in Palm Beach Gardens Government workers (local, state, or federal) 10 9% Manufacturing 6% - \\ Agriculture, forest i fishing. 8 hunting 0 2% Management, professional. and Production. related 46 9% transportation and - I material moving 5 7% Construction, extraction. ~ 8 maintenance 4 6% Farming. fishing 8 forestry 0 2% Sales 8 office 30 3% Service 12 3% Source: GCT-PI3 Occupation, Industry, and Class of Worker of Employed Civilians 16 Years and Over Data Set: Census 2000 Summary File 3 (SF 3) - Sample Data Companies that require sophisticated skill sets would be a proper ‘‘fit‘‘ for Palm Beach Gardens based on the number of residents that are currently employed in management and professional level jobs. 1 Attachment L Figure 2 Median Age of Population Palm Boca Boynton Royal Wellington West Beach Raton Beach Palm Palm Gardens Beach Beach US Census 2000 - DP .I Data Compiled from US Census 2000 - DP 1 Residents in Palm Beach Gardens are, most likely, midway through their employment cycle. Figure 3 Population 25 81 Over With Bachelor's Degree or Higher 50 45 40 35 c .E 30 c - 3 25 n O 20 s - 15 10 5 0 Data Compiled from US Census 2000 - DP 2 Residents in Palm Beach Gardens are highly educated when compared to other municipalities in Palm Beach County which indicates that the workforce is comprised of professionals. 2 As a further indication of skill sets, Palm Beach Gardens’ residents enjoy higher earnings than their counterparts in other municipalities in Palm Beach County. Additionally, the small gap between median household and per capita income in Palm Beach Gardens seems to indicate that there is one “breadwinner” or primary wage earner per household. See Figure 4. Typically speaking, the larger the gap between household and per capita income, the more likely it is that there are two or more people contributing to the household income. By contrast, the smaller the gap, the more likely it is that the monies are derived from other income sources such as investments in real estate, stock markets, etc. Normally, household and individual income levels are reliable indicators of skill sets and educational background and provide valuable insights to types of employment opportunities that are needed. Based on an analysis of the demographic data, one may ascertain that residents in Palm Beach Gardens have the necessary skill sets to attract companies that pay an annual salary of $45,107 or higher (median salary + 10% = value-added employer for Palm Beach Gardens). Figure 4. Figure 4 Median Household Income vs Per Capita Income $80,000 $70,000 $60,000 $50.000 $40,000 $30,000 $20,000 $10,000 $0 Palm Beach Boca Raton Boynton Beach Royal Palm Wellington West Palm Gardens Beach Beach Data Compiled from US Census 2000 - DP 3 Data indicates that the majority family income is generated from one breadwinner in Palm Beach Gardens’ households. As stated in Section 3.8 of the Economic Development Report that was presented to the Treasure Coast Regional Planning Council and adopted SRPP on December 15, 1995, “Services and Retail, the two fastest growing employment sectors in the Region, are highly reliant on tourism and in-migrating population for continued growth. This dependency causes fluctuating employment, and makes the local economy susceptible to economic cycles.” The service and retail sectors are not considered value-added employers under economic development parameters in Palm Beach Gardens given that value-added employment would require that wages exceed $45,1 07 per year. Therefore, it is necessary to seek other industry sectors that would be a more appropriate fit for the skill sets of Palm Beach Gardens’ residents. When analyzing the top employers within the municipal boundaries of Palm Beach Gardens, a definite shortage of value-added employment options for residents becomes evident. See Figure 5. There are 28,880 citizens in the labor force in Palm Beach Gardens according to the U.S. Census 2000: DP-3. When compared to the 46.9% of those that are classified by the Census Bureau as management, professional and other related fields, the City appears to be in a deficit situation in job creation. Ideally, Palm Beach Gardens should have had a minimum of 13,544 value-added employment options in the year 2000 in order to maintain a sustainable community. Simply stated, indications are that the vast majority of the employment base currently existing in Palm Beach Gardens does not match the skill sets of the residents. Figure 5 TOP EMPLOYERS IN PALM BEACH GARDENS COMPANY 1. Palm Beach Gardens Medical Center 2. Divosta & Company 3. PGA National Resort & Spa 4. The Wackenhut Corporation 5. City of Palm Beach Gardens 6. Implant Innovations, Inc. - 3i 7. South Florida Blood Bank 8. Catalfumo Construction 9. Belcan Corporation 10. LRP Publications 11. Palm Beach Gardens Marriott 12. Anspach Companies 13. WCI (Watermark Communities) 14. Suffolk Construction # of EMPLOYEES PRODUCT 1,100 800 700 500 432 425 300 264 208 200 200 170 100 66 Health Care Construction Hotel Headquarters (Security) City Government Dental Implants (RID) Blood, Plasma Construction Aerospace Engineering Publishing - Periodicals Hotel Surgical Equipment (RID) Construction Construction [ Top 14 Corporations in PBG 2,603 Value-Added Jobs Source: 2003 Business Development Board - Palm Beach County’s Business Resource Bold font indicates fhose corporations that meet the cnferia of value-added employers. 4 A historical analysis of business sector growth based on Occupational Licenses issued by the City of Palm Beach Gardens from 1987 through 2003 further emphasizes the need to diversify the economy with value-added employer options. See Figure 6. Currently, since the manufacturing and industry sectors are insignificant in Palm Beach Gardens, they have been consolidated into a “commercial” category for evaluation purposes. The heavy emphasis on service and retail is typical for bedroom communities. Service and retail components of the economy, by definition, “spin” wealth rather than create wealth. Under normal circumstances, both the service and retail sectors are dependent upon monies that already exist in a geographic region. By contrast, the commercial, industrial, and manufacturing sectors export goods and therefore are not dependent on local money for survival. There are exceptions to the rule. Information Technology, for example, is usually considered a service sector industry, yet, is not dependent on the local customer base. Thanks to the capabilities of the World Wide Web and Internet connection, the transfer of intellectual knowledge or technology services is a simple click of a button. Figure 6 3500 3000 u) u) - 2500 C m -I - 2000 C 0 .- .- ..-a 1500 u B .I- L o 1000 m R $ 500 0 Growth Trends of Business Sector 1987 1988 1989 1990 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 +Commercial +Retail +Service City of Palm Beach Gardens, GIS Division and Occupational Licenses Division - 2004 The service and retail sectors, which are dependent on existing dollars within the economy, have experienced growth while the commercial sector, which creates new dollars in the local economy, has remained flat. Additionally, the U.S. economy is increasingly phasing into an intellectual knowledge driven marketplace. According to Richard Florida, author of The Rise of the Creative Class, human creativity is the ultimate economic resource and trends denote a shift from raw material and physical labor “products” to human intelligence, knowledge and 5 creativity “products”. Demographics indicate that Palm Beach Gardens’ residents have the necessary skill sets to work in intellectual knowledge driven marketplace and those skills should be leveraged to attract companies whose products are based on intellectual knowledge and creativity. Therefore, expansion and recruitment of companies that match the skill sets of residents and provide value-added employment options becomes imperative in order to create a sustainable community. According to Richard Florida’s research, about 1/3 of the workforce is comprised of the creative class and yet, it accounts for nearly half of all wage and salary income in the United States, or $1.7 trillion dollars - as much as the manufacturing and service sectors combined. Considering that five of the six top value-added employers’ products are dependent upon creative / intellectual knowledge, coupled with the skill sets of the residents, Palm Beach Gardens is uniquely positioned to transition from industrial driven marketplace to intellectual driven marketplace. In order for a company to expand or relocate, land must be available for economic development purposes. Currently, the City’s Future Land Use (FLU) allocation has not reserved land mass for companies seeking to expand operations or relocate to Palm Beach Gardens which could provide employment opportunities matching the skill sets of the residents, but rather, has concentrated on residential demands. The City wishes to diversify the economic base, provide viable employment options matching resident’s skill sets, and therefore, the Future Land Use Element needs to be revised to reflect those goals. See Figure7. Figure 7 ~~ ~ Future Land Use Within Existing City Boundaries - 2003 Mixed Use 1% industrial 2% Professional Office 1% Recreation 8 Open Space Commercial Recreation- Golf 6% Conservation 35% ~ City of Palm Beach Gardens - GIS Division, 2004 Nearly % of available land is currently dedicated to residential uses and over 1/3 in conservation leaving very little available space for value-added employers. Ordinance 48, 2004: The Economic Development Element of the City of Palm Beach Gardens Comprehensive Plan was approved by City Council on December 16, 2004 and embraces economic principles and philosophies as exemplified in this marketing analysis. The Briger tract is one of the few remaining parcels of land within the municipal boundaries of Palm Beach Gardens that could be developed as economic engine; diversify the economy; transition employment opportunities from retail and service sector to an intellectual knowledge marketplace; and provide value-added jobs that would match the skill sets of the citizens. 7 LEVEL OF SERVICE ANALYSIS BRIGER TRACT January, 2005 Prepared For: The City of Palm Beach Gardens Growth Management 10500 North Military Trail Palm Beach Gardens, Florida 33410 Prepared By: 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (772) 286-3883 Fax (772) 286-3925 www.lbfh.com Attachment M TABLE OF CONTENTS Introduction ...................................................................... 3 General Description of the Subject Property ........ .4 A. Location: ................................................... 4-7 B. C. D. E. F. Population: ................................................... 9 Inventory of Public Facllities ................................... 9-13 A. Potable Water Services: .............................. 9 B. Sanitary Sewer Services: ............................ 10 C. Solid Waste Services:: ................................ 11 Subject Property - Existing Land Use: ... 8 Subject Property - Future Land Use: ...... 8 Subject Property - Zoning: ................... 8 Surrounding Future Land Uses & Zoning ... 8-9 D. Drainage Services: ..................................... 11 E. Park and Recreauon Services: ............ 10-11 F. Police Protection: ................................ 11-12 G. Fire Protection: .......................................... 12 H. Code Enforcement: ................................... 12 I. General Government: ......................... 12-1 3 Conclusion ...................................................................... 13 Future Land Use Plan Amendment Analysis ... .14-18 Introduction Ths Level of Service &OS) Analysis outlmes the fachties that would service the subject property in support of a Comprehensive Plan Future Land Use Map Amendment. The information contained in th~s document has been prepared in support of the Comprehensive Plan Future Land Use Map Amendment from Residential Low (lU) and Commercial (C) to Mixed-Use (MXD). Exhbits: (A) Subject Parcel Aerial Map for Briger Tract (B) Subject Parcel Sketch & Legal (C) City of Palm Beach Gardens Future Land Use Map 2015 (D) Briger Tract: Future Land Use Map (E) City of Palm Beach Gardens Official Zoning Map (F) Briger Tract: Zoning Map (G) 2004 Town of Jupiter Future Land Use Map (H) 2004 Town of Jupiter Zoning Map (I) Seacoast Utillty Authority Service Availabhty Letter 0) Seacoast Utility Authority Water Service Map (I<) Seacoast Uallty Authority Sanitary Sewer Service Map (L) Solid Waste Authority Service Availabhty Letter (M> Northern Palm Beach County Improvement District Units of Development Map February 2003 (N) Drainage Basin/Control Structures Northern Palm Beach County Improvement District Unit of Development No. 2 -3- General Description A. Location: The Briger Tract is an essentially vacant, undeveloped property located withm the municipal boundaries of the City of Palm Beach Gardens with the exception of three (3) single-famdy units and two (2) mobile home trailers. The 708.14-acre parcel is generally bounded to the south by Hood Road; bounded to the east by the Residential Low (RL) San Michele community, the Benjamin School, and the Legends at the Gardens mixed use (MXD) development; to the north by Donald Ross Road, and the Abacoa mixed use DRI; and to the west by Florida's Turnpike and the Palm Beach County Residential Community of East Pointe; and the property is bisected by Interstate 95 (FDOT State Road No. 9); see Exhbit (A). The legal description follows; see Exhibit (B): THAT PORTION OF SECTIONS 26 AND 35 IN TOWNSHIP 41 SOUTH, RANGE 42 EAST IN PALM BEACH COUNTY FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: PARCEL 1: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 01'20'00" W ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE S 01'20'00'' W ALONG SAID EAST LINE A DISTANCE OF 2,544.68 FEET TO THE NORTHEAST CORNER OF THE SOU1'HEAS?' QUAR?'EK Ob SAID SECTICIN 26; THENCE S 01'17'04" W ALONG S,IID EAST LINE X DISTANCE OF 2,619.78 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE S 00'47'26" W ALONG THE EAST LINE OF SAID SECTION 35 A DISTANCE OF 1,373.01 FEET TO THE NORTH LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 639.82 FEET TO 'THE EAST LINE OF THE LAND DESCRIBED IN B (2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID B (2) N 01'53'21" E A DISTANCE OF 70.00 FEET; THENCE N 88'06'39" W A DISTANCE OF 32.20 FEET; THENCE N 83'32'10" W A DISTANCE OF 52.96 FEET; THENCE N 01'53'21" E A DISTANCE OF 15.00 FEET; THENCE N 83'32'10" W A DISTANCE OF 140.45 FEET; THENCE S 01'5321" W A DISTANCE OF 15.00 FEET; THENCE N 83'32'10" W A DISTANCE OF 308.19 FEET; THENCE N 88'06'39" W A DISTANCE OF 117.30 FEET; THENCE N 00'48'46" E A DISTANCE OF 291.35 FEET; 4- THENCE N 89'11'14" W A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID B (2) BEING ALSO ON 'THE WEST LINE OF THE EAST 40.00 SAID SECTION 35; THENCE N 00'48'46" E ALONG SAID WEST LINE A DISTANCE OF 941.91 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE N 89'25'19" W ALONG SAID NORTH LINE A DISTANCE OF 658.25 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S 00'49'27'' W ALONG SAID WEST LINE A DISTANCE OF 459.48 FEET (CALCULATED TO BE S00'29'47" W 540.34') TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN A (1) OF SAID ORDER OF TAKING RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL A (1) N 28'00'42'' W A DISTANCE OF 625.78 FEET (CALCUJATED TO BE S28'00'42" W 615.60') TO THE NORTH LINE OF SAID SECTION 35; THENCE N 28'00'42" W ALONG SAID BOUNDARY A DISTANCE OF 3,541.97 FEET; THENCE N 24'00'40'' W ALONG SAID BOUNDARY A DISTANCE OF 546.71 FEET TO THE BEGINNING OF A CURVE THEREIN NORTHWESTERLY DIST,\NCE OF 544.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'31'54"; THENCE CONTINUE ALONG SAID BOUNDARY N 18'28'47" W A DISTANCE OF 543.08 FEET; THENCE N 14'39'55" W A DISTANCE OF 177.27 FEET; THENCE N 1 1'28'43" E A DISTANCE OF 190.38 FEET; THENCE N 63'46'49" E A DISTANCE OF 190.36 FEET; THENCE N 89'55'06'' E A DISTANCE OF 301.88 FEET; THENCE N 87'37'31'' E A DISTANCE OF 296.35 FEET; THENCE N 89'55'25'' E A DISTANCE OF 302.02 FEET; THENCE N 00'04'35'' W A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN B (3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID B (3) N 89'55'25'' E A DISTANCE OF 514.52 FEET; THENCE N 82'47'55'' E A DISTANCE OF 201.56 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE N 89'55'25'' E ALONG SAID PARALLEL LINE A DISTANCE OF 242.59 FEET; THENCE N 89'55'10'' E ALONG SAID PARALLEL LINE, A DISTANCE OF 2,668.72 FEET TO THE POINT OF BEGINNING. FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF CONCAVE NORTHEASTERLY, HAT'ING A RADIUS OF 5,635.58 FEET; THENCE CONTAINING 475.69 ACRES, MORE OR LESS. PARCEL 2: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; DISTANCE OF 4,365.77 FEET TO THE SOCTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS A (1) IN ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE: PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY S 34'24'11" E A DISTANCE OF 112.84 FEET; THENCE S 33'15'24" E A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN. THENCE N 00~36~io~~ E ALONG THE wwr LINE OF SAID SECTION A -5- CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11,365.16 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 813.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'05'58"; THENCE S 29'09'26" E A DISTANCE OF 1,199.39 FEET; THENCE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 2,426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 1,464.33 FEET; THENCE N 89'03'55" W ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN B (1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.11 FEET; THENCE S 86'53'19" W ALONG SAID NORTH LINE A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE N 88'06'39" W .ILONG SAID NORTHERLY LINE A DISTANCE OF 518.02 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE N 00'50'24'' E ALONG SAID EAST LINE A DISTANCE OF 627.76 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE N 89'02'58" W A DISTANCE OF 658.30 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE S 00'50'39" W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 616.97 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 643.06 FEET; THENCE N 89'03'24'' W ALONG SAID NORTH LINE A DISTANCE OF 673.72 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE N 00'51'10'' E ALONG SAID WEST LINE A DISTANCE OF 1,263.58 FEET TO THE POINT OF BEGINNING. CONTAINING 206.94 ACRES, MORE OR LESS. TOGETHER WITH: THE EAST 40 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS THAT PORTION CONVEYED TO COUNTY OF PALM BEACH FOR ROAD RECORDS OF PALM BEACH COUNTY, FLORIDA. RIGHT-OF-WAY FOR HOOD ROAD IN DEED BOOK 1142, PAGE 337, PUBLIC CONTAINING 0.538 ACRES. TOGETHER WITH: THE WEST 250 FEET OF THE EAST 290 FEET OF THE SOUTH 330 FEET THEREOF, LESS THAT PART IN HOOD ROAD; TOGETHER WITH: ALL THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, -6- PALM BEACH COUNTY, FLORIDA, LYING NORTH OF THE NORTH RIGHT-OF- WAY LINE OF HOOD ROAD, LESS AND EXCEPTING THERE FROM: THE EAST 40 FEET THEREOF, AND COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1 /4 OF THE NORTHEAST 1/4 OF THE SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; THENCE RUN N 88O07'24" W, A DISTANCE OF 1,266.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE N 01O52'36" E, A DISTANCE OF 80.00 FEET; THENCE N 88"07'24" W, A DISTANCE OF 340.26 FEET; THENCE N 28O00'12" W, A DISTANCE OF 1,477.07 FEET; THENCE N 89O24'43" W, A DISTANCE OF 423.66 FEET; THENCE S 28°00'12" E, A DISTANCE OF 1,465.33 FEET; THENCE N 89O04'42" W, A DISTANCE OF 200.00 FEET; THENCE S 01O52'36" W, A DISTANCE OF 227.32 FEET; THENCE S 88O07'24" E, A DISTANCE OF 332.50 FEET; THENCE S 28O00'12" E, A DISTANCE OF 1,380.87 FEET; THENCE S 87O56'10" E, A DISTANCE OF 429.84 FEET; THENCE N 28O00'12" W, A DISTANCE OF 1,365.72 FEET; THENCE N 89"00'51" E, ,.Z DISTANCE OF 200.00 FEET; THENCE N 01O52'36" E, A DISTANCE OF 154.56 FEET TO THE POINT OF BEGINNING. CONTAINING 13.96 ACRES. TOGETHER WITH: THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT RIGHT-OF-WAY FOR HOOD ROAD. CONTAINING 9.42 ACRES. The above described parcel of land contains an area of 708.14 acres, more or less. -7- B. Subject Property - Existing Land Use: The Briger Tract is a 708.14-acre essentially undeveloped parcel of land withm the City of Palm Beach Gardens with the exception of three (3) single-famtly units and two (2) mobile home trailers. C. Subject Property - Future Land Use: The Briger Tract has a future land use designation of Residenual Low (RL) for 695.13 acres, which permits up to four units per gross acre and Commercial (C) for 13.01 acres, which permits a maximum lot coverage of 35")~ of the site and maximum bulldmg height of 50 feet (5 stones), as outhned in the City of Palm Beach Gardens Comprehensive Plan Section 1, page 2 and shown on Exlxbits (C) and (D). D. Subject Property - Zoning: The Briger Tract is zoned PDA (Planned Development Area), whch is only a holdmg category for zoning with the anticipation of a zoning amendment upon development, as shown on Exhbits (E) and 0. E. Surroundmg Future Land Uses & Zoning Districts: Hood Road bounds the subject property to the south; the Residential Low (RL) San Michele community, the Benjamin School, and the Mixed Use (MXD) development Legends at the Gardens bounds the property to the east; Donald Ross Road bounds the property to the north, as well as the Abacoa mixed use DRI; and to the west by Florida's Turnplke and the Palm Beach County Residential Community of East Pointe; and the property is bisected by lnterstate 95 (FDOT State Road No. 9). EXISTING ZONING AND LAND USE DESIGNATIONS EXISTING FUTURE LAND LAND USE EXISTING ZONING USE DESIGNATION Subiect ProDertv Residential Low (RL) Planned Development Area PDA) Commercial (C) Vacant/Undeveloped North Donald Ross Road Abacoa DRI Town of Jupiter South Westwood Residential Development of Regonal Impact (DRI) (Exhbit H) County Mixed Use (MU) (Exhbit G) Residential Mechum (RM) Residential Medmm (RM) Development - -8 Communitv East Legends at the Gardens Benjamin High School San Michele Residential Communitv West Eastpointe Residential Development Palm Beach County Mixed Use (MSD) Public Institutional (PI) County Residential Low3 Residential Estate (RE)/Planned Unit Development PUD) Mixed Use (MXD) Public Institutional Residential Low (RL) PI) County Residential Low 2 (2) F. Population: The exisung population of the area is approximately 12 persons (based on 2.4 persons per residenual unit) as the parcel is essentially undeveloped, with the exception of three (3) single-farmly units and two (2) mobile home trailers. The proposed population is 2,400 persons based on 2.4 persons per residential unit with a total of 1,000 residential units and 0 persons for the non-residenual uses. Inventory of Public Facilities A. Potable Water Services: The City currently receives water service from Seacoast Utillty Authority (SUA). The subject property is within the water service boundaries of SUA. Subject to prevahg fees, charges, policies, and practices, SUA has sufficient capacity and would provide water service to thts parcel as stated in its service availabhty letter, Exhibit I. Ths tract could be serviced from multiple locauons. The nearest water main tie-in locations would be at the northwest corner of the site, along the eastern boundary of the site, and along the southern boundary of the site, as shown in Exhbit J. 0 0 0 12” water main along the east property boundary. 24” water main along the south property boundary. 12” water main at the northwest property corner. -9- B. Sanitary Sewer Services: The City currently receives sanitary sewer service from Seacoast Uallty Authority (SUA). The subject property is within the sanitary sewer service boundaries of SUA. Subject toprevahg fees, charges, policies, and practices, SUA has sufficient capacity and would provide sanitary sewer service to this parcel as stated in its service availabhty letter, Exhibit I. This tract could be serviced from multiple locations. The nearest gravitv sewer tie-in locations would be along the western, southern, and eastern property boundaries as shown in Exhibit I<. Gravity and force main along the south property boundary. Gravity and force main along the east property boundary. C. Solid Waste Services: The City currently receives solid waste service from Solid Waste Authority (SWA). Subject to prevahg fees, charges, policies, and practices, SWA has sufficient capacity and would provide solid waste service to this parcel as stated in its service availability letter, Exhbit L. D. Drainage Services: The subject property is within the drainage/storm water service boundaries of Northern Palm Beach County Improvement District (NPBCID) as shown in Exhbit (M). More specifically, the subject property is within NPBCID Unit of Development No. 2, basins 3A and 3B, and is deslgnated withm Unit 2 as 3A and 3B with a minimum control elevation of 12.00* as shown on Exhibit (N). The anticipated positive outfall locauons would be to the east at existing control structures EPB-3A and EPB-3B with pass-through drainage through the Legends at the Gardens at Donald Ross Vdlage and San Michele. * Establishmg the control elevation for future development of land west of FP&L Power Lines in Sub-basins 3A and 3B will require approval from the South Florida Water Management District. E. Park and Recreation Services: The existing population of the area is approximately 12 persons (based on 2.4 persons per residential unit) as the parcel is essentially undeveloped with the exception of three (3) single-famdy units and two (2) mobile home trailers. The total of all publicly-owned parks is 176.76 acres. Local recreational needs are also provided through City-drrected recreation - 1 0 programs. The City organizes, schedules, and staffs numerous recreation programs and classes, includmg arts and crafts, dance, athletics, exercise, community theatre, and continuing education classes. PARK INVENTORY AND LEVEL OF SERVICE PALM BEACH GARDENS Park Acres Used Type Burns Road Center 12.79 12.79 Communitv Burns Road Addtion 3.80 3.80 Community Gardens Park N 9.74 9.74 Sports I Gardens Park S I 9.66 I 9.66 I SDorts I Gardens Park Soccer 16.90 11.40 Sports Lake Catherine Lakeside 4.66 4.66 Neighborhood Lake Catherine SDorts 10.82 10.82 Neighborhood Lilac Park 17.48 9.68 Neighborhood Mirasol Park 15.37 15.37 Community PGA National Park 35.25 35.25 Communitv Plant Dr. Park 8.28 8.28 Neighborhood Oaks Park 11.79 11.79 Neighborhood I kverside Com. Center 1 1.82 1 1.82 I Communitv 1 Sand Hill Crane 0.55 0.00 Water Access South Ibex Circle 0.47 0.00 Passive Area Tennis Center 16.74 8.50 SDorts Twins Park 0.64 0.64 Passive Area Totals 176.76 154.20 PoDulation Served' 42.789 42.789 SOURCE: Palm Beach Gardens, Department of Parks, October 2003. Notes: 1. Population served includes Permanent Resident City Population as estimated by the U.S. Bureau of the Census for 1990 & 2000. E Police Protection: Police protection in the area of the subject site is currently provided by the City of Palm Beach Gardens. The established level of service &OS) for police is based on a rate of 1,150 service calls pkr responding/field officer per year. The level of service is established by factoring the number of calls for service, average mne for calls, administrauve duties related to calls, response time to emergency calls, percentage of time spent on calls vs. time on patrol, Part I crimes, chronic call locations, fear of crime, traffic accidents and severity, clearance rate for crimes, commitment to Community-Oriented Policing concepts, and planned activity/neighborhood patrols into a formula to determine the required manpower for a population. - 11 - The proposed amendment reduces the future population on the subject site from 6,672 indtviduals (2,780 residential units x 2.4 persons/unit) to 2,400 (1,000 residential units x 2.4 persons/unit) individuals. The reduction of population on the subject site would lessen the demand on services therefore police services would not be negatively impacted and would not require additional officers beyond the officers necessary for the projected growth of the City. Police protection would be extended in the same manner as currently provided to the surroundmg areas to meet the Level of Service. G. Fire Protection: Palm Beach Gardens Fire Rescue is a full-service fire-rescue agency providmg fire suppression; advanced life support, includmg transport; fire inspections; fire invesugations; and community education. In 2003 the City’s average response time for emergency service Citywide was 5.55 minutes. Currently, Fire Rescue maintains an Insurance Services Office Rating of Class 3, and the City is actively pursuing accredttation through the Commission on Fire Accreltation International. Fire Station Number # 5, located at the intersection of Hood Road and Alternate AlA, currently serves the area surroundmg the subject site. The proposed amendment reduces the future population on the subject site from 6,672 indtviduals (2,780 residential units x 2.4 persons/unit) to 2,400 (1,000 residential units x 2.4 persons/unit). The reduction of population on the subject site would lessen the demand on services therefore fire-rescue services would not be negatively impacted and would not require adltional fire-rescue personnel beyond the officers necessary for the projected growth of the City. Fire-Rescue service would be extended in the same manner as currently provided to the surrounding areas to meet the Level of Service. H. Code Enforcement: The City of Palm Beach Gardens Code Enforcement Division currently lvides the 56- square-de City into three (3) inspection zones. The subject area is within Code Enforcement Zone 2, which is assigned to a specific Code Enforcement Officer. The Division consists of three (3) full-time and one (1) part-time inspector, and three marked vehcles. Code Enforcement Services would be extended in the same manner and to the same level of service as currently provided to the surroundmg areas, as the anticipated population increase would not increase the Code Enforcement staff needs. I. General Government: The City currently provides community development services through the Growth Management Department, which issues building permits, reviews site plans, issues certificates of occupancy, ensures that development complies with the City’s Comprehensive - 12 - Development Plan, and handles other issues relating to the development of the City. The Growth Management Department also provides for zoning regulation and rezoning of City land areas. Conclusion In conclusion, the subject property is currently wih the municipal boundaries of the City of Palm Beach Gardens, and the surroundmg area includmg the subject property is currently serviced by the City of Palm Beach Gardens, Seacoast Uallty Authority, Solid Waste Authority, and Northern Palm Beach County Improvement District. The proposed development would not pose a negative impact on the public facihties in the area. - 13 - FUTURE LAND USE MAP AMENDMENT ANALYSIS REPORTS 1. Size of the site in acres or fraction thereof. Subject parcel site area = approximately 708.14 acres 2. Description of existing land uses (not designations) of subject property and surrounding properties. Existing Use of Subject Property: Vacant, undeveloped parcel with exception of three (3) single-family units and two mobile home trailers. Existing Uses of Surrounding Properties: North: Donald Ross Road and the Town of Jupiter South: Hood Road and Westwood Gardens and Westwood Lakes Communities East: San Michele and Benjamin School West: Florida’s Turnpike and Palm Beach County East Pointe Community 3. A narrative whch summarizes: a) The maximum allowable development under the existing designation for the site: The existing Future Land Use Plan designation for the 708.14-acre site is Palm Beach Gardens Residential Low (RL) for 695.13 acres of the site and Palm Beach Gardens Commercial (C) for 13.01 acres of the site. The RL designation allows a maximum of 4 dwelling units per gross acre. The Commercial designation allows a maximum lot coverage of 35% with a maximum height of 50 feet. Therefore, the maximum allowable development under the existing Palm Beach Gardens Land Use Plan designations on the approximately 708.14 acres would be 2,780 dwelling units and 991,752 square feet (5 stories) of general commercial use. b) The maximum allowable development under the proposed designation for the site: The proposed Land Use Plan designation for the 708.14-acre subject site is Palm Beach Gardens Mixed Use Planned Unit Development (MXD). The Mixed Use designation is designed for new development which is characterized by a variety of integrated land use types. Therefore, the maximum allowable development under the proposed - 14 land use on the approximately 708.14 acres would be: 8,000,000 square feet of Research and Development (including 300- bed research clinic) 1,000 multi-family workforce residential units 50,000 square feet of Commercial Neighborhood c) A description of the proposed use and information on its compatibhty with the surrounlng area. The surrounding areas currently vary from the mixed use Abacoa development, to public/institution of Benjamin School, to the residential medium development of Westwood, the residential low development of San Michele and the County residential estate development of East Pointe. The proposed use is compatible to the surrounding uses as the overall site is adjacent to these residential communities, mixed and public uses. 4. A statement of justification or reason for the proposed land use amendment, whch is based on the physical characteristics of the site, the impact on public fachties and services, and the policies of the City. The subject 708.14 acres are currently undeveloped with the exception of three (3) single-family units and two (2) mobile home trailers. This proposed amendment to Mixed Use, MXD would be: 8,000,000 square feet of Research and Development (including 300- bed research clinic) 1,000 multi-family workforce residential units 50,000 square feet of Commercial Neighborhood The preceding narrative addressed the impact of the development on the City's public facilities and services and determined that the land use amendment would not have a negative impact on public facilities and services. 5. A description of the abhty of and demand on public fachties, kdlcating the proposal's impact on established level-of-service standards: traffic circulation, sanitary sewer, potable water, solid waste, drainage, recreation, and open space. (NOTE: The most dense or intensive use allowed under the land use category should be analyzed for its impact on fachties and services.) The availability of and demand on public facilities has been analyzed based on the "maximum allowable development" as referenced in number 3.b) above. - 15 - Traffic Circulation: McMahon and Associates, Inc. analysis is included in the Map and Data Analysis in the Future Land Use Map Amendment. Sanitarv Sewer: Sanitary sewer services are provided by the Seacoast Utility Authority. The City’s Comprehensive Plan provides for the following standards: Sanitary Sewer - LOS (107 gallons per day per capita) Exishg Land Use Designation - PBG Residential Low (RL) 813,080gallons per day (4 units/acre f commercia4 as outlined below: 713,904 gallons per day based on a maximum of 2,780 residential units based on 4 units per gross acres (2,780 units x 2.4 persons per unit x 107 gallons per day per capita) 99,176 gallons per day based on a maximum square footage of 991,752 (991,752 square feet x 0.1 gal/day/square foot) Proposed Land Use Designation - PBG Mked Use (mD) 1,140,000 gallons per day based on a maximum of: 8,000,000 square feet of Research and Development 1,000 multi-family workforce residential units 50,000 square feet of Commercial Neighborhood (including 300-bed research clinic) (1,000 units x 2.4 persons per unit x 107 gallons per day per capita) Please Note: The demand in gallons per day for all calculations is rounded to the next full gallon. Potable Water: Potable water services are provided by the Seacoast Utility Authority. The City’s Comprehensive Plan provides for the following standards: Potable Water - LOS (191 gallons per day per capita) Exishg Land Use Designation - PBG Residential Low (RL) 3,373,528 gallons per day (4 units/acre + commercia4 as outhned below: 1,274,352 gallons per day based on a maximum of 2,780 residential units (2,780 units x 2.4 persons per unit x 191 gallons per day per capita) - 10 99,176 gallons per day based on a maximum square footage of 991,752 (991,752 square feet x 0.1 gal/day/square foot) Proposed Land Use Designation - PBG Mixed Use (MXD) 1,450,000 gallons per day based on a maximum of: 8,000,000 square feet of Research and Development 1,000 multi-family workforce residential units 50,000 square feet of Commercial Neighborhood (including 300-bed research clinic) (1,000 units x 2.4 persons per unit x 191 gallons per day per capita) Please Note: The demand in gallons per day for all calculations is rounded to the next full gallon. Drainage: The City’s Comprehensive Plan provides for the following standards: Drainage LOS - Comprehensive Plan Existing Development - l-day/lOO-year storm New Development greater than 10 acres - 3-day/25-year storm New Development less than 10 acres - 1 day/25-year storm The subject property will be required to meet the development standard of a 3-day/25-year storm event during the development review process. Solid Waste: Solid Waste Authority currently services the surrounding area. The City’s Comprehensive Plan provides for the following standards: Solid Waste - Residential LOS (7.13 lbs. per day per capita) Solid Waste - Non-Residential LOS (5.5 lbs. annual per square foot) The City’s Comprehensive Plan provides for the following standards: Existinp Land Use Desihation - PBG Residentr’al Low (RL) 47,572 pounds per day for 2,780 units (4 units/acre) as outhned below: (2,780 units x 2.4 persons per unit x 7.13 lbs per day per capita) 14,944 pounds per day based on a maximum square footage of 991,752 (991,752 square feet / 365 days x 5.5 lbs.) ProDosed Land Use Desihation - PBG Mixed Use fMxq) 138,413 pounds per day based on a maximum of: 8,000,000 square feet of Research and Development 1,000 multi-family workforce residential units (including 300-bed research clinic) - 17 - (1,000 units x 2.4 persons per unit x 191 gallons per day per capita) 50,000 square feet of Commercial Neighborhood Please Note: The demand is rounded to the next full pound. Recreation and ODen %ace: The City’s Comprehensive Plan provides for the following standards: Recreation and Open Space LOS - 3.7 acres per 1,000 residents Existinp Land Use Desipnation - PBC Residentiaf Low (E) 24.68 acres needed to meet the City’s LOS of 3.7 acres per 1,000 residents for the estimated 2.4 persons per unit per 2,780 dwelling units. ProDosed Future Land Use Desipnation - PBG Mked Use (MXD) 8.88 acres needed to meet the City’s LOS of 3.7 acres per 1,000 residents for the estimated 2.4 persons per unit per 1,000 dwelling units. - 18 - EXHIBIT A I. .- 1’ I- Feet +-, Legend 0 550 1,100 2,200 3,300 4,400 F 5 Source: City of Palm Beach Gardens; Growth Manaqement - GIs; Printed 11/9/2004 Brigger Tract EXHIBIT B r- A.(l) ORDER OF TAKING (O.R.B. 4296, PAGE 1151) CONSULTING CIVIL ENGINEERS, SURVEYORS k MAPPERS "Partners For Results. 3550 S.W. Corporate Parkway, Palm City, Florida 34990 (772) 286-3883 Fax: (772) 286-3925 BPR & FBPE License No: 959 www.lbfh.com i i I .d Scale: 1 'I= 1000' SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS Sheet 1 of 6 FILE NO. Project No. 04-438E C:\LELAND\SKSK\DWG\ ComP'Jted: NAB Date Checked: LLB ' /l /04 BRIGER-TRACT.DWG t 3 3 I 3 6 D P.O.B. 0 PARCEL 21 t I I I I ! B.(3) ORDER OF TAKING (O.R.B. 4296, PAGE 1151) I N89'55'47"E 2660.49' 2; !>N&@-R%sS-R>~- __ -I)_- E I 23 L~O 1-21 1-22 L2/f25 [ 245-- -- 223 _- 75' - - - - - - - \ \ 1 - N89'55'1O"E 2668.72' 1% L27 --\-\ J - TOWNSHII SECTION 26, ? 41 SOUTH, RANGE 42 EAST, BEACH COUNTY, FLORIDA > EAST h CORNER AREA EAST OF INTERSTATE 95 491.79 ACRES f PARCEL 1 475.69 ACRES -+ EAST 40' N.E.~ -_ I B.(2) ORDER OF (O.R.B. 4296, I TAKING 42 EAST,( PAGE 1151) /, PALM BEACH COUNTY, FLORIDA-----__- 1 -- -- -1.-- -- -- -- -- -_L -- _>_ __ __ __ N87'56'04"W 5270.07' P.O.C. PARCEL N.E. CORNER SECTlPN 26 so1 '20'00"W 75.02' P.O.B. -03 PARCEL 1 (D 4 * In hl 3 0 9 6 0 0 II) t I 7 0 f ? v t 4 3 D 4 3 3 n I I b"" c 5uu louu @ 2004 LBFH Inc. 0, ._ I LEGAL DESCRIPTION -BRIGER TRACT I I I THAT PORTION OF SECTIONS 26 AND 35 IN TOWNSHIP 41 SOUTH, RANGE 42 EAST IN PALM BEACH COUNN FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: I PARCEL 1: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 01’20’00“ W ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE S 01’20’00” W ALONG SAID EAST LINE A DISTANCE 2544.68 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE S 01’17’04” W ALONG SAID EAST LINE A DISTANCE OF 2619.78 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE S 00’47’26” W ALONG THE EAST LINE OF SAID SECTION 35 A DISTANCE OF 1373.01 FEET TO THE NORTH LINE OF HOOD ROAD; THENCE N 88’06’39” W ALONG SAID NORTH LINE A DISTANCE OF 639.82 FEET TO THE EAST LINE OF THE LAND DESCRIBED IN B (2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296. PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNM; THENCE ALONG THE BOUNDARY OF SAID B (2) N 01‘53’21” E A DISTANCE OF 70.00 FEET; THENCE N 88’06’39” W A DISTANCE OF 32.20 FEET; THENCE N 83’32’10” W A DISTANCE OF 52.96 FEET; THENCE N 01’53’21” E A DISTANCE OF 15.00 FEET; THENCE N 83’32’10” W A DISTANCE OF 140.45 FEET; THENCE S 01’53’21” W A DISTANCE OF 15.00 FEET; THENCE N 83’32’10” W A DISTANCE OF 308.19 FEET; THENCE N 88’06‘39” W A DISTANCE OF 117.30 FEET; THENCE N 00’48‘46” E A DISTANCE OF 291.35 FEET; THENCE N 89’11’14” W A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID B (2) BEING ALSO ON THE WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE N 00’48’46” E ALONG SAtD WEST LINE A DISTANCE OF 941.91 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE N 89’25’19” W ALONG SAID NORTH LINE A DISTANCE OF 658.25 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S 00’49’27“ W ALONG SAID WEST LINE A DISTANCE OF 459.48 FEET (CALCULATED TO BE S00’29’47”W 540.34’) TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN A (1) OF SAID ORDER OF TAKING RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL A (1) N 28’00‘42” W A DlSTANCE OF 625.78 FEET (CALCULATED TO BE N28’00’42”W 615.60’)TO THE NORTH LINE OF SAID SECTION 35; 24’00’40” W ALONG SAID BOUNDARY A DISTANCE OF 546.71 FEET TO THE BEGINNING OF A CURVE THEREIN CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5635.58 FEET; THENCE NORTHWESTERLY A DISTANCE OF 544.10 FEET ALONG THENCE N 28’00’42” W ALONG SAID BOUNDARY A DISTANCE OF 3541.97 FEET; THENCE N SAID CURVE THROUGH A CENTRAL ANGLE OF 05’31’54”; THENCE CONTINUE ALONG SAID BOUNDARY N 18’28’47” W A DISTANCE OF 543.08 FEET; THENCE N 14‘39’55” W A DISTANCE OF 177.27 FEET; THENCE N 11’28’43” E A DISTANCE OF 190.38 FEET, THENCE N 6546’49“ E A DISTANCE OF 190.36 FEET; THENCE N 89’55’06” E A DISTANCE OF 301.88 FEET; THENCE N 87’37‘31” E A DISTANCE OF 296.35 FEET; THENCE N 89’55’25” E A DISTANCE OF 302.02 FEET; THENCE N 00’04’35” W A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN B (3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID B (3) N 89’55’25” E A DISTANCE OF 514.52 FEET; THENCE N 82’47’55” E A DISTANCE OF 201.56 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE N 89’55’25” E ALONG SAID PARALLEL LINE A DISTANCE OF 242.59 FEET; THENCE N 89’55’10” E ALONG SAID PARALLEL LINE, A DISTANCE 2668.72 FE€T TO THE POINT OF BEGINNING. CONTAINING 475.69 ACRES, MORE OR LESS. i CONTINUED ON SHEET 3 OF 5 $(THIS - IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) 2004 LBFH In PROJECT NAME: IGINAL WSED SEAL OF SKETCH AND DESCRIPTION FOR: , THIS MAP/REPORT IS BEEN MADE BY THIS PALM BEACH GARDENS LEGAL DESCRIPTION -BRIGER TRACT CONTINUED FROM SHEET 2 OF 5 PARCEL 2: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE N 00'36'10" E ALONG THE WEST LINE OF SAID SECTION A DISTANCE OF 4365.77 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS A (1) IN ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY S 34'24'11" E A DISTANCE OF 112.84 FEET; THENCE S 33'15'24" E A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11365.16 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 813.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'05'58"; THENCE S 29'09'26" E A DISTANCE OF 1199.39 FEET; THENCE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 2426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 1464.33 FEET; THENCE N 89'03'55" W ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN B (1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.11 FEET; THENCE S 86'53'19" W ALONG SAID NORTH LINE A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTHERLY LINE A DISTANCE OF 518.02 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE N 00'50'24" E ALONG SAID EAST LINE A DISTANCE OF 627.76 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE N 89'02'58" W A DISTANCE OF 658.30 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE S 00'50'39" W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 616.97 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 643.06 FEET; THENCE N 89'03'24" W ALONG SAID NORTH LINE A DISTANCE OF 673.72 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE N 00'51'10" E ALONG SAID WEST LlNE A DISTANCE OF 1263.58 FEET TO THE POINT OF BEGINNING. CONTAINING 206.94 ACRES, MORE OR LESS. TOGETHER WITH; THE EAST 40 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS THAT PORTION CONVEYED TO COUNM OF PALM BEACH FOR ROAD RIGHT-OF-WAY FOR HOOD ROAD IN DEED BOOK 1142, PAGE 337, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 0.538 ACRES. TOGETHER WITH: THE WEST 250 FEET OF THE EAST 290 FEET OF THE SOUTH 330 FEET THEREOF, LESS THAT PART IN HOOD ROAD; TOGETHER WITH: ALL THAT PART OF THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 ROAD, LESS AND EXCEPTING THERE FROM: THE EAST 40 FEET THEREOF, AND CONTINUED ON SHEET 4 OF 5 I I I SOUTH, RANGE 42 EAST, PALM BEACH COUNM, FLORIDA, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE OF HOOD 9 CONSULTING CIVIL ENGINEERS, Scale: NA SURVEYORS k MAPPERS Sheet 3 of 6 2 $1 THIS IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) REVISIONS: Field Book: N/A Page: N/A 1 Field: N/A I 1 @ 2004 LBFH Inc. I FILE NO. f 3550 S.W. Corporate Parkway, Palm City, Florida 34990 Computed: NAB Date G:\LELAND\SKSK\DWG\ @RIGER-TRACT.OWG PROJECT NAME: SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS BRIGER TRACT Project No. 04-4388 LEGAL DESCRIPTION -BRIGER TRACT CONSULTING CIVIL ENGINEERS, Scale: NA SURVEYORS k MAPPERS Sheet 4 Of 6 CONTINUED FROM SHEET 3 OF 5 REVISIONS: Field Book: N/A Page: N/A I Field: N/A I ZOMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; THENCE RUN N 88’07’24” W, A DISTANCE OF 1266.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE N 01’52’36” E, A DISTANCE OF 80.00 FEET; THENCE N 88’07’24” W, A DISTANCE OF 340.26 FEET; THENCE N 28’00’12” W, A DISTANCE OF 1477.07 FEET; THENCE N 89’24’43” W, A DISTANCE OF 423.66 FEET; THENCE S 28’00’12’‘ E, A DISTANCE OF 1465.33 FEET; THENCE N 89’04’42” W, A DISTANCE OF 200.00 FEET; THENCE S 01’52’36” W, A DISTANCE OF 227.32 FEET; THENCE S 88’07’24” E, A DISTANCE OF 332.50 FEET; THENCE S 28’00’12” E, A DISTANCE OF 1380.87 FEET; THENCE S 87’56’ 10” E, A DISTANCE OF 429.84 FEET; THENCE N 28’00’12’’ W, A DISTANCE OF 1365.72 FEET; THENCE N 89’00’51” E, A DISTANCE OF 200.00 FEET; THENCE N 01’52’36” E, A DISTANCE OF 154.56 FEET TO THE POINT OF BEGINNING. CONTAINING 13.96 ACRES. TOGETHER WITH: 3550 S.W. Corporate Parkway, Palm city, Florida 34990 (772) 286-3883 Fax: (772) 286-3925 BPR & FBPE License No: 959 www.Ibfh.com THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, CONTAINING 9.42 ACRES. RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT RIGHT-OF-WAY FOR HOOD ROAD. FILE NO. Project No. 04-4388 G:\LEUND\SKSK\DWG\ ERIGER-TR4CT.DWG Computed: NAB Dote Checked: LCB ’ /04 BEARING BASE: THE WEST BOUNDARY OF PARCEL 1 OF OFFICIAL RECORDS BOOK 6608, PAGE 288. PUBLIC RECORDS OF PALM BEACH GARDENS. FLORIDA. THIS IS NOT A SURVEY (SUBJECT TO FIELD SURVEY) a 2004 LBFH Ir PROJECT NAME: SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS BRIGER TRACT LINE AND CURVE TABLE 7 SURVEYOR AND MAPPER’S SIGNATURE - FOR INFORMATIONAL PURPOSES ONLY AND IS NOT VALID. 1. UNLESS IT BEARS THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS MAP/REPORT IS 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN MADE BY THIS OFFICE. 2 PROJECT NAME: SKETCH AND DESCRIPTION FOR: PALM BEACH GARDENS BRIGER TRACT h .e 9 STATE OF FLORIDA NO. 2400 LELAND L. BURTON. PROFESSIONAL SURVEYOR & MAPPER CONSULTING CIVIL ENGINEERS, Scale: NA SURVEYORS k MAPPERS Sheet 5 Of 6 3550 S.W. Corporate Parkway, Palm city, Florida 34990 Computed: NAB www.lbfh.com Checked: LLB (772) 286-3883 FOX: (772) 286-3925 =1 BPR FBPE License NO: 959 REVISIONS: Field Book: N/A Page: N/A Field: N/A Date 1 /1 FILE NO. Project No. 04-4388 /04 03-OO~ZCDD-CNTR LB.DWC 18 52424126000009010 EXHIBIT C s 4 a ir-- y' -7 x Q i A * A f N-. 00 >D Y F A I! ni I Y u -- I' = ! u I (R 8 a L 3 EXHIBIT D I I 1-1 Brigger Tract RL - Residential Low m C - Commercial m ROS - Recreation Open Space I RM - Residential Medium I PO - Professional Office 1-J CR - Commercial Recreation a 1 MXD - Mixed Use 7 RRIO - Rural Residential( 1 per 10 Acres) 1 RR20 - Rural Residential(1 per 20 Acres) EXHIBIT E 1 1 i 1111 r 4- 0 EXHIBIT F 1-j Brigger Tract 0 Unincorporated/Other Municipalities RL3 - Residential Low Density-3 0 CN - Neighborhood Commercial RM - Residential Medium Density = CGI - General Commercial RMH - Residential Mobile Home MXD - Mixed Use P/I - Public or Institutional PO - Professional Office PCD - Planned Community Developmen e RE - Residential Estates RLI - Residential Low Density-I RL2 - Residential Low Density-2 - RH - Residential High Density 0 CG2 - Intensive Commercial MI - Research & Light Industrial Park I] PDA - Planned Development Area MIA - Light Industrial CONS - Conservation EXHIBIT G 0 P VI N- W P VI- I H ............... ::-.a. ........... :::: .:. . ..,.. . :n ... :..... - ..-. :: ::+:;,?;$; EXHIBIT H Allanlic Ocean C2 GENERAL. - COMMERCIAL - ZF~~:YUERCIAL. I c4 coyY~RcuL, RESTRICRD C? CONSERVATION = PRESERVATION 1- L, WD MIXEDUSE NZ NOTZONED' uI;(IwcE us ONE WATCRWAV COYYERCUL ENTERTAINMENT t___i 0.5 1 I 2 1 INDIANTOWN OVERLAY ZONE (102) DISTRICTS - r I Miles 3 4 __ __ 1 Miles I J -1 ,;----- 0 0.15 0.3 0.6 0.9 1.2 1.5 CIVIC ALTERNATE AIA It I8 ruggrrtod that you contra the Division of Planning and Zoning (561-741-2323) to vrrify the zonlng cl8srlflcation of any parcel wlthin the Town of Jupiter. Plrarr contrct Palm Brrch County for quertionr concerning Unincorporated property (561-233-5300) EXHIBIT I ---A L Seacoost Utility Authority T CXCCUTIVE wrct January 20,2005 FAX 799-4111 Kim lrwiii City of Palm Beach Gardens 10500 Military Trail Palm Bcnch Gardens FL 33410 Re: Brig- Tract Service Availability Informath DCU Ms. Irwin: Seacoast Utility Authority is pled to olhr the following rcspomc to your ~tdce availability request fixed to Bruce GrcBg on January 20,2005. The referend project lies within Seacoast's water and sewcr service arca Subject to prevailing fws, charges, policies and practices, Seacoasl thmfare proposes to provide the project with water and sewcr service. A statement of cumt lrttalmcnt plant capacity and pmjcctcd service demand follows. CAP AClTY DEMAND SUMMAHY EXPRESSED AS MTLLION (;Aj..V.ONS PER DAY CUKCIlt Plant CORUllitted Capacity and in Use 1 0/3 1/04) I1 013 1/04) This Project WATER (Avg. Day) 24.fjO 2 I .02 SEWER (3 Mo. Max. Day) 12.00 8.4s RECLAIMED WATER 8.00 7.43 (Reclaimcd water treatment capacity expansion to 12.00 MGD heguii mnstniction in J*anuary 2005.) 1.45 1.14 4200 Hood Road, Palm Bcoch Gardens, Clorida S410-2198 Pholle; Customcr Service (561) 627-2920 / Executivc Office (561) 627-2900 / Fax (581) 624-2fl.79 While Seaconst’s existing facilities provide sufftcient water troatmenl capacity to scrvc thc project, Seacoast may determine that FloriJan aquif’cr wclls and a reverse osmusis water treatment plant rcprcscnt thc most effective way to meet futurc regional demand. If so, these facilities will be sized to incorporate this project’s water supply nccds. Sinccrcly, SEACOAST LJJLITY AUTHORI’I’Y Rim Sishok Executive Dirdor cc: RonFerris Bnlce &egg Dee Ciles EXHIBIT J S Briger Tract - SUA Water Mains in Vicinity 0 500 1,000 2,000 3,000 --- i Feet January 10,2005 p:\O44388\gis\water. mxc EXHIBIT I< S Briger Tract - SUA Sewer Mains in Vicinity 0 500 1,000 2,000 3,000 -- I Feet January 10,2005 p:\04-4388\gis\sewer.rnxc EXHIBIT L c Thursday 13 of Jan 2005, Faxination -> January 13,2005 LBFH (City of Palm Beach Gardens) 350 SW Corporate Parkway 1 OLR P 4RTYEK FOR TOLID H ASTE SOLL TIOU Palm City, FL 34990 Attn: Judy A.T. Dye Subject: Briger Tract Availability of Solid Waste Disposal Capacity Dear Ms. Dye: The Solid Waste Authority of Palm Beach County hereby provides certificahon that the Authority has disposal capacity available to accommodate the solid waste generation for the full build out of the proposed Briger Tract project in the year 2020. This letter also constitutes notification of sufficient capacity for concurrency management and comprehensive planning purposes. Capacity is available for both the coming year, and the five and ten year planning periods specified in 9J-5.005(4). As of September 30,2004, the Authority's North County Landfills had an estimated 37,869,813 cubic yards of landfill capacity remaining Based upon the eximing Palm Beach County population, the most recently available population growth rates published by the University of Florida Bureau of Economic and Business and Research (BEBR), medium projection, and projected rates of solid waste generation, .waste reduction and recycling, the Solid Waste Authority forecasts that capacity will be available at the existing landfill through approximately the year 2021, assuming the depletion of the Class I and Class III landfills is approximately balanced. The Solid Waste Authority of Palm Beach County currently owns land that could be developed as a landfill when the existing capacity is depleted, and easily provide capacity for 40 or more years beyond the cursent site capacity (ie., beyond 2065). Based on discussions with County planning staff regarding projccts of similar scope and magnitude, the Briger Tract should not increase the rate of population growth, nor the total county population projection above that predicted in the BEBR medium projection. For this reason the Bnger Tract project will not have an impact on the long-term solid waste disposal capacity for Palm Beach County. lhe Authority is funded on an enterpnse basis. The annual disposal absessment collected from all improved properties in the county, together with other revenues (recycling revenues, electncity sales, erc 1 fund all the O&M and capital expenditures for the Authonty, including paying any costs associated with Bonds sold to fund capital improvements The Authority continues to pursue options to increase the life of its existing facilities and to provide for all of the County's current and future dqosal and recycling needs. 7501 North Jog Road, West Palm Beach. Florida 33412 (561) 640-4000 FAX (561) 640-3400 Page 2 of *' ' Thursday 13 of Jan 2005, Faxination -> Page 3 of : Lf you have any questions or I can be of further assistance, please do not hesitate to contact me. very truly yours, Marc C. Bruner, Ph.D. Director of Planning and Environmental Programs c: John Booth, SWA Dan Clark, Palm Beach Gardens EXHIBIT M r J 7 Lr- - B ..._I. .- / h' -_ - k L" Y , rl '-I P 2 i EXHIBIT N e b. f E z W ? NN T NN uz> 'I El. 4- 4 DRAINAGE BASlNSlCONTROL STRUCTURES NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT UNIT OF DEVELOPEMENT No. 2 -_ .> THE PALM BEACH POST SUNDAY, JANUARY 23,2006 *B CITY OF PALM BEACH GARDENS NOTICE OF PUBLIC HEARING PROPOSED COMPREHENSIVE PLAN FUTURE LAND USE MAP AMENDMENT PLEASE TAKE NOTICE that the City Council of the City of Palm Beach Gardens, Florida will conduct a Public Hearing on February 17, 2005, at 7:OO p.m., or as soon thereafter as can be heard, at the Municipal Complex Building located at 10500 North Military Trail, Palm Beach Gardens, Florida regarding: ORDINANCE 7,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO CERTAIN PROPERTIES CONSISTING OF APPROXIMATELY 708.14 ACRES, GENERALLY LOCATED AT THE NORTH EAST SIDE OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE AND SOUTH OF DONALD ROSS ROAD, COMMONLY REFERRED TO AS “BRIGER BEACH GARDENS, FLORIDA, PROVIDING FOR A LAND-USE MAP TRACT,” TO CHANGE THE LAND-USE DESIGNATION FROM COMMERCIAL (C) AND RESIDENTIAL LOW (RL) LAND-USE DESIGNATION TO MIXED-USE (MXD) LAND-USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE. All members of the public are invited to attend and participate in said public hearing. All documents pertaining to said Ordinance may be inspected by the public in the Growth Management Department located at the Municipal Complex Building during regular business hours, Monday through Friday, 8:OO a.m. - 500 p.m., except for holidays. PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested persons will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). Patricia Snider, City Clerk CMC Publication Date: Wednesday, February 2,2005 Notes: Please make the ad at least two columns wide, ten inches long, and the headline no smaller than 18 points. Please note that the advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Date Prepared: January 13,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 7,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO CERTAIN PROPERTIES CONSISTING OF APPROXIMATELY 708.14 ACRES, GENERALLY LOCATED AT THE NORTH EAST SIDE OF THE INTERSECTION OF HOOD ROAD AND THE FLORIDA TURNPIKE AND SOUTH OF DONALD ROSS ROAD, COMMONLY REFERRED TO AS “BRIGER BEACH GARDENS, FLORIDA, PROVIDING FOR A LAND-USE MAP TRACT,” TO CHANGE THE LAND-USE DESIGNATION FROM COMMERCIAL (C) AND RESIDENTIAL LOW (RL) LAND-USE DESIGNATION TO MIXED-USE (MXD) LAND-USE DESIGNATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens authorized the staff to initiate comprehensive plan amendments necessary to effectuate the City’s economic development goals and objectives; and WHEREAS, the proposed amendment to the Future Land-Use Map amendment furthers the goals, objectives, and policies of the recently-adopted Economic Development Element; and WHEREAS, the City Council adopted the City of Palm Beach Gardens Comprehensive Plan on January 4,1990; and WHEREAS, the City is proposing to modify the future land use designation from its current Commercial (C) and Residential Low (RL) land use designations to Mixed- Use (MXD) land use designation of a 7O8.I4-acrel more or less, parcel known as the “Briger Tract,” located at the northeast corner of the intersection of Hood Road and the Florida Turnpike, immediately south of Donald Ross Road; and WHEREAS, the Briger Tract was annexed into the City of Palm Beach Gardens from unincorporated Palm Beach County through Ordinance 16,1990; and WHEREAS, the Planning, Zoning, and Appeals Board, as the duly constituted Local Planning Agency for the City, conducted the required public hearing on February 8, 2005, after due notice and has made its recommendations to the City Council; and WHEREAS, the City Council finds that the subject amendment is consistent with Sections 163.31 84 and 163.31 87, Florida Statutes; and Date Prepared: January 13, 2005 Ordinance 7,2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council acknowledges that this amendment is subject to the provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City shall maintain compliance with all provisions thereof; and WHEREAS, the City has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.31 81 , Florida Statutes; and WHEREAS, after due notice and public hearing, the City Council of the City of Palm Beach Gardens deems it in the best interest of the present and future residents of the City of Palm Beach Gardens that the proposed Comprehensive Plan Amendment be adopted. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Future Land Use Map of the Comprehensive Plan of the City of Palm Beach Gardens is hereby amended to change the future land-use designation for the following described 708.1 4-acre property, generally located immediately east of the Florida Turnpike, north of Hood Road, and south of Donald Ross Road, from a Commercial (C) and Residential Low (RL) land-use designation to a Mixed-Use (MXD) land-use designation limited to 8 million square feet of Research and Development (including a 300-bed research clinic), 1,000 multi-family workforce units, and 50,000 square feet of commercial or the equivalent thereof: LEGAL DESCRIPTION: THAT PORTION OF SECTIONS 26 AND 35 IN TOWNSHIP 41 SOUTH, RANGE 42 EAST, IN PALM BEACH COUNTY, FLORIDA, DESCRIBED IN PARCELS AS FOLLOWS: PARCEL 1: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S 01"20'00 W ALONG THE EAST LINE OF SAID SECTION A DISTANCE OF 75.02 FEET TO A POINT ON A LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION, SAID POINT BEING THE POINT OF BEGINNING, SAID POINT ALSO BEING ON THE SOUTH LINE OF DONALD ROSS ROAD; THENCE S 01"20'00" W ALONG SAID EAST LINE A DISTANCE OF 2,544.68 FEET TO THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 26; THENCE S OI"17'04" W ALONG SAID EAST LINE A DISTANCE OF 2,619.78 FEET TO THE NORTHEAST CORNER OF SAID SECTION 35; THENCE S OO"47'26" W ALONG THE EAST LINE OF SAID SECTION 35 A DISTANCE OF 1,373.01 FEET TO THE NORTH LINE OF HOOD ROAD; THENCE N 8'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 639.82 FEET TO THE EAST 2 Date Prepared: January 13,2005 Ordinance 7, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 LINE OF THE LAND DESCRIBED IN B (2) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE ALONG THE BOUNDARY OF SAID B (2) N 01'53'21" E A DISTANCE OF 70.00 FEET; THENCE N 88'06'39" W A DISTANCE OF 32.20 FEET; THENCE N 83'32'10" W A DISTANCE OF 52.96 FEET; THENCE N 01 '53'21" E A DISTANCE OF 15.00 FEET; THENCE N 83'32'1 0" W A DISTANCE OF 140.45 FEET; THENCE S 01'53'21" W A DISTANCE OF 15.00 FEET; THENCE N 83"32'10" W A DISTANCE OF 308.19 FEET; THENCE N 88'06'39" W A DISTANCE OF 117.30 FEET; THENCE N 00'48'46" E A DISTANCE OF 291 -35 FEET; THENCE N 89'11'14" W A DISTANCE OF 70.00 FEET TO THE NORTHWEST CORNER OF SAID B (2) BEING ALSO ON THE WEST LINE OF THE EAST 40.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE N 00'48'46" E ALONG SAID WEST LINE A DISTANCE OF 941.91 FEET TO THE NORTH LINE OF SAID SECTION 35; THENCE N 89'25'19" W ALONG SAID NORTH LINE A DISTANCE OF 658.25 FEET TO THE WEST LINE OF THE EAST 40.00 FEET OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; THENCE S 00'49'27" W ALONG SAID WEST LINE A DISTANCE OF 459.48 FEET (CALCULATED TO BE S 00'29'47" W 540.34') TO THE NORTHEAST LINE OF THE LAND DESCRIBED IN A (1) OF SAID ORDER OF TAKING RECORDED IN SAID OFFICIAL RECORD BOOK 4296, PAGE 1151; THENCE ALONG THE BOUNDARY OF SAID PARCEL A (1) N 28'00'42" W A DISTANCE OF 625.78 FEET (CALCULATED TO BE S 28'00'42" W 615.60') TO THE NORTH LINE OF SAID SECTION 35; THENCE N 28'00'42" W ALONG SAID BOUNDARY A DISTANCE OF 3,541.97 FEET; THENCE N 24'00'40" W ALONG SAID BOUNDARY A DISTANCE OF 546.71 FEET TO THE BEGINNING OF A CURVE THEREIN CONCAVE NORTHEASTERLY, HAVING A RADIUS OF 5,635.58 FEET; THENCE NORTHWESTERLY A DISTANCE OF 544.10 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 05'31'54"; THENCE CONTINUE ALONG SAID BOUNDARY N 18'28'47" W A DISTANCE OF 543.08 FEET; THENCE N 14'39'55" W A DISTANCE OF 177.27 FEET; THENCE N 11 '28'43" E A DISTANCE OF 190.38 FEET; THENCE N 63'46'49" E A DISTANCE OF 190.36 FEET; THENCE N 89'55'06" E A DISTANCE OF 301.88 FEET; THENCE N 87'37'31" E A DISTANCE OF 296.35 FEET; THENCE N 89"55'25" E A DISTANCE OF 302.02 FEET; THENCE N 00'04'35'' W A DISTANCE OF 6.00 FEET TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN B (3) IN SAID ORDER OF TAKING; THENCE ALONG THE SOUTHERLY LINE OF SAID B (3) N 89'55'25" E A DISTANCE OF 514.52 FEET; THENCE N 82'47'55" E A DISTANCE OF 201.56 FEET TO SAID LINE PARALLEL WITH AND SOUTHERLY 75.00 FEET FROM THE NORTH LINE OF SAID SECTION 26; THENCE N 89'55'25" E ALONG SAID PARALLEL LINE A DISTANCE OF 242.59 FEET; THENCE N 89'55'10'' E ALONG SAID PARALLEL LINE, A DISTANCE OF 2,668.72 FEET TO THE POINT OF BEGINNING. CONTAINING 475.69 ACRES, MORE OR LESS. PARCEL 2: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 26; THENCE N 00'36'10" E ALONG THE WEST LINE OF SAID SECTION A DISTANCE 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 13,2005 Ordinance 7.2005 OF 4,365.77 FEET TO THE SOUTHWESTERLY BOUNDARY OF THE LAND DESCRIBED AS A (1) IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORD BOOK 4296, PAGE 1151 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE ALONG SAID BOUNDARY S 34'24'11" E A DISTANCE OF 112.84 FEET; THENCE S 33'15'24" E A DISTANCE OF 493.78 FEET ALONG SAID BOUNDARY TO THE BEGINNING OF A CURVE THEREIN, CONCAVE SOUTHWESTERLY, HAVING A RADIUS OF 11,365.16 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 813.16 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 04'05'58"; THENCE S 29'09'26" E A DISTANCE OF 1,199.39 FEET; THENCE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 2,426.49 FEET TO THE SOUTH LINE OF SAID SECTION 26; THENCE CONTINUE S 28'00'42" E ALONG SAID BOUNDARY A DISTANCE OF 1,464.33 FEET; THENCE N 89'03'55" W ALONG SAID BOUNDARY AND ALONG THE NORTH LINE OF THE LAND DESCRIBED IN B (1) OF SAID ORDER OF TAKING, A DISTANCE OF 339.11 FEET; THENCE S 86'53'19" W ALONG SAID NORTH LINE A DISTANCE OF 401.53 FEET TO THE NORTHERLY LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTHERLY LINE A DISTANCE OF 518.02 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 35; THENCE N 00'50'24" E ALONG SAID EAST LINE A DISTANCE OF 627.76 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE N 89'02'58" W A DISTANCE OF 658.30 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE S 00'50'39" W ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 616.97 FEET TO SAID NORTH LINE OF HOOD ROAD; THENCE N 88'06'39" W ALONG SAID NORTH LINE A DISTANCE OF 643.06 FEET; THENCE N 89'03'24" W ALONG SAID NORTH LINE A DISTANCE OF 673.72 FEET TO THE WEST LINE OF SAID SECTION 35; THENCE N 00'51'10" E ALONG SAID WEST LINE A DISTANCE OF 1,263.58 FEET TO THE POINT OF BEGINNING. CONTAINING 206.94 ACRES, MORE OR LESS. TOGETHER WITH: THE EAST 40 FEET OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, LESS WAY FOR HOOD ROAD IN DEED BOOK 1142, PAGE 337, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. THAT PORTION CONVEYED TO COUNTY OF PALM BEACH FOR ROAD RIGHT-OF- CONTAINING 0.538 ACRES. TOGETHER WITH: THE WEST 250 FEET OF THE EAST 290 FEET OF THE SOUTH 330 FEET THEREOF, LESS THAT PART IN HOOD ROAD; 4 Date Prepared: January 13,2005 Ordinance 7, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 TOGETHER WITH: ALL THAT PART OF THE EAST 1/2 OF THE NORTHWEST 114 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM OF HOOD ROAD, LESS AND EXCEPTING THERE FROM: BEACH COUNTY, FLORIDA, LYING NORTH OF THE NORTH RIGHT-OF-WAY LINE THE EAST 40 FEET THEREOF, AND COMMENCE AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 114 OF THE SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST; THENCE RUN N 88'07'24" W, A DISTANCE OF 1,266.77 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PROPERTY; THENCE N 01'52'36" E, A DISTANCE OF 80.00 FEET; THENCE N 88'07'24" W, A DISTANCE OF 340.26 FEET; THENCE N 28'00'12" W, A DISTANCE OF 1,477.07 FEET; THENCE N 89'24'43" W, A DISTANCE OF 423.66 FEET; THENCE S 28'00'12" E, A DISTANCE OF 1,465.33 FEET; THENCE N 89'04'42" W, A DISTANCE OF 200.00 FEET; THENCE S 01'52'36" W, A DISTANCE OF 227.32 FEET; THENCE S 88'07'24" E, A DISTANCE OF 332.50 FEET; THENCE S 28'00'12" E, A DISTANCE OF 1,380.87 FEET; THENCE S 87'56'10" E, A DISTANCE OF 429.84 FEET; THENCE N 28'00'12" W, A DISTANCE OF 1,365.72 FEET; THENCE N 89'00'51" E, A DISTANCE OF 200.00 FEET; THENCE N 01'52'36" E, A DISTANCE OF 154.56 FEET TO THE POINT OF BEGINNING. CONTAINING 13.96 ACRES. TOGETHER WITH: THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, LESS AND EXCEPT RIGHT-OF-WAY FOR HOOD ROAD. CONTAINING 9.42 ACRES. THE ABOVE-DESCRIBED PARCELS OF LAND CONTAIN AN AREA OF 708.14 ACRES, MORE OR LESS. SECTION 3. The City's Growth Management Administrator is hereby directed to transmit the proposed Comprehensive Plan Amendment and supporting data, analysis, and other relevant material, which is attached hereto as Exhibit A, to the Department of Community Affairs of the State of Florida and other appropriate public agencies, and upon adoption of this Ordinance is further directed to ensure that this Ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies in accordance with Section 163.31 84(3), Florida Statutes. 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 13,2005 Ordinance 7, 2005 SECTION 4. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.31 84(l)(b), Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the local government adopts a resolution affirming its effectiveness in the manner provided by law. (The remainder of this page left intentionally blank) 6 Date Prepared: January 13,2005 Ordinance 7, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of , 2005, upon second and final reading. CITY OF PALM BEACH GARDENS BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR AGAINST ABSENT BY: Christine P. Tatum, City Attorney d G:\attorney-share\ORDlNANCES\COMP PLAN - FLUM final-ord 7 2005.doc 7 CITY OF PALM BEACH GARDENS CITY COUNCIL 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 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 1 2 3 4 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 2 10 1 1 12 13 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 ... 15 16 17 18 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 5 6 7 8 9 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 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 18 19 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. 3 Date Prepared: January 31,2005 Ordinance 8, 2005 18 19 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 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3 0 31 32 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 4 Date Prepared: January 31,2005 Ordinance 8, 2005 44 45 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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) 5 Date Prepared: January 31,2005 Ordinance 8, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 I Date Prepared: January 31,2005 Ordinance 8,2005 7 Date Prepared: January 31,2005 Ordinance 8, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 I Date Prepared: January 31, 2005 Ordinance 8, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 9 Date Prepared: January 31,2005 Ordinance 8, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (The remainder of this page left intentionally blank) 10 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 11 1T 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 13 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 14 Date Prepared: January 3,2005 Ordinance 8, 2005 1 2 3 4 5 6 7 8 9 10 11 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 15 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 3 4 5 6 7 8 9 10 11 16 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 3 4 5 6 7 8 9 10 11 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 17 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 3 4 5 6 7 8 9 10 11 18 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 4 5 6 7 8 9 10 11 12 19 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 5 6 7 8 9 10 11 12 13 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 20 Date Prepared: January 3,2005 Ordinance 8, 2005 1 Table 9B continued.. . 2 3 4 5 6 7 8 9 10 11 12 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 21 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 4. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.31 84(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) 23 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 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 .. f3.&-Wamp&m46+k@3& akt-t;tt.ttf+.site. -P%H33 .. , I -&M*:4k&W*FF&&l*eK-, I I, I t~~~~l~.--Offft~~~~ti~~~uft~~ .. .I .. -- .. .. .r >, .. 3. Thc City shall continue to rcquirc, through thc Land Dcvcloptnent Rcgulations, that all development with significant - environmental impacts, including agricultural development, set aside as prcserve arcas a minimum of25 pcrccnt ofthc total upland native plant communities ~- on site. The 25 percent set-aside shall be based on the qiiality and viability of the vegetative ecosystem. The City shall have the option to dcsignate thc portion of the plant community which will be included in the 25 percent set aside. Such set-aside habitat shall be preserved and managed in viablc condition with existing canopy, understory, and ground cover. The City shall, for developmcnt occurring within thc Urban Growth Boundary, have thc option of accepting off-site preservation or a cash payment in lieu of preservation and shall accuniulatc such paynicnts liom developnicnt for thc purchasc and management of off-site upland native plant communities. The Land Development Regulations shall establish criteria - for assessin% tlic cash payment amount and for detcrniiniri; which proiccts-warrant the usc of the cash pavnienl option. A w-operty owner ofaplatted upland preserire shall not be alloued to usc the off-site prescrvation or thc cash payi~~qr~gptjoj to modify ths prescne-. 4a. 4bI Wetland habitats are set-aside as preserves, and development is prohibited in wetlands except under the following circumstances consistent with Treasure Coast Regional Planning Council Policy 6.6.1.1): 1) Such an activity is necessary to prevent or eliminate a public hazard; 2) Such an activity would provide direct public benefit which would exceed those lost as a result of the modification; 3) Such an activity is proposed for habitats in which the functions and values currently provided are significantly less than those typically associated with such habitats and cannot be reasonably restored; 4) Due to the unique geometry of the site, it is the unavoidable consequence of development for uses which are appropriate given site characteristics, or; Wetlands shall be protected by a density transfer program to upland areas. Where development occurs within wetlands, the developer must mitigate the function and value of those wetlands. Development activities shall occur at a density ofno more than one dwelling unit per five acres in the urban area and one dwelling unit per twenty acres in the rural area, CONSERVATION 6-7 shall be clustered to the least environmentally sensitive portion of the site and shall include design considerations to protect the wetland functions of the rest of the site. Consistent with SFWMD regulations, a minimum 15-fOOt upland buffer composed of native vegetation shall be preserved or established around wetland areas. 5. For a site on which listed which listed species are known or suspected to be present, one of the following criteria shall be satisfied: 1. It shall be successfully demonstrated that the proposed land alteratioddevelopment activity will not preclude the continued survival and viability of those listed species located on site; or 2. A plan for relocation, either on-site or off-site, for those listed species, shall be approved by all appropriate agencies. Policy 6.1 57: Public/Institutional buildings shall be prohibited in the Conservation land use designation and within other environmentally sensitive lands, including wetlands, 1 00-year floodplains, groundwater aquifer recharge areas, areas set aside by development to meet the 25 percent preservation of native ecological communities and wildlife habitats. Objective 6.1.6.: By 1992, the City, in conjunction with the SWA, shall develop a hazardous waste management program for the proper storage, recycling, collection and disposal of hazardous wastes. Policy 6.1.6.1.: The City shall work closely with and seek technical assistance from the DEP and SWA in identifjmg small quantity hazardous waste generators in the City and in developing the program for the proper disposal of such hazardous waste. Policy 6.1.6.2.: The City shall cooperate with the SWA in sponsoring Amnesty Days to collect household hazardous waste for proper disposal. Objective 6.1.7.: The City shall continue to maintain land development regulations and development policies to ensure the provision of conservation measures on newly annexed lands in accordance with the goals, objectives, and policies of this Comprehensive Plan. Policy 6.1.7.1.: The City shall review the master development plans of all subdivisions approved by the county but later annexed by the City for the provision of conservation/ preservation areas as required by the original development order. Policy 6.1.7.2.: Where development orders granted by another governmental agency are silent, the comprehensive plan, land development regulations, and policies of the City of Palm Beach Gardens shall apply. Objective 6.1.8.: Prior to the issuance of any development orders for that area included in the CONSERVATION 6-8 Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan, the plan for all or a part of the Parkway System shall be implemented by the City. Policy 6.1.8.1.: The City shall continue to maintain land development regulations to ensure the implementation and design of the Parkway System. Policy 6.1.8.2.: The parkways shall be designed, developed and maintained to serve a multitude of functions including: a. b. C. d. e. f. g. h. i. Preservation of significant native ecological communities in greenways along the City’s major corridors; Separate bicycle and pedestrian circulation through and between land uses within and adjacent to the areas included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan; Mitigation areas for natural areas disturbed elsewhere within the area included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan, where applicable; The buffering of adjacent roadways, land uses and developments, where applicable; and The provision of public access to the restored Loxahatchee Slough, where applicable. Preserve urban beauty through right of way landscaping requirements; Provide residents with a safe and multi-use pathway system which is recognized as an urban component of the Florida Greenways System; Eliminate a perceived need for using strip commercial as a buffer between arterials and residential areas; and The phasing of the establishment of the parkways shall, at a minimum, be relative to the phasing of development in the area included within the Conceptual Linkage Plan presented in the Future Land Use Element of this Comprehensive Plan. Objective 6.1.9.: The City shall maintain land development regulations which, in conjunction with the efforts of other regulatory agencies having jurisdiction, shall ensure the protection and preservation of native habitats, and maximize the provision of open space for this purpose. Policy 6.1.9.1.: regulations with specific reference to conservation and preservation land area requirements. The City shall maintain open space requirements in the land development CONSERVATION 6-9 Policy 6.1.9.2.: The City shall endeavor to "collect and concentrate" open space conservation areas to amass significantly large land areas that will be left in their natural settings for public dedication and use through land development regulations. Policy 6.1.9.3.: Through the site plan and subdivision review process, the City shall endeavor to connect open space and conservatiodpreservation areas with the Parkway System wherever possible. Policy 6.1.9.4.: The City shall require all developers to identify all conservatiodpreservation areas and submit all appropriate information to regulatory agencies. Policy 6.1.9.5: The City shall maintain the following minimum requirements to all required preserve areas for environmentally significant lands. (1) Lands to be set aside in preserve areas shall be: a. b. C. d. e. f. g. h. 1. j. Identified based on the quality of habitats, the presence of listed species, proximity to other natural areas and other relevant factors. Preserved in viable condition, with intact canopy, understory, and ground cover, and maintained without infringement by drainage or utility easements. Platted as separate parcels of land. Of highest quality, capable of functioning within itself or in conjunction with manmade features. Clearly defined, protected and managed in such a way that it serves a purpose to the communities around it. Contiguous, wherever possible, to an adjacent preserve, public park, school site, or human-made open space or combination thereof. Maintained as large open or green areas with the intent of preserving large areas to promote self-sustaining, balanced plant growth, biodiversity, and wildlife enhancement and shall be connected with other preserve areas to conceptually function as wildlife corridors. One-hundred-percent protected from alteration during site construction. Compact in nature, avoiding strip or noncontiguous patterns and arranged in a continuous fashion where possible. The use of preservation areas as long, narrow buffers is discouraged. Protecting and preserving of all endangered and threatened plant, animal and marine CONSERVATION 6-1 0 populations and the habitat of critical value to regional populations of endangered and threatened species. k. Consistent with South Florida Water Management District regulations, such that a minimum 15-fOOt upland buffer composed of native vegetation shall be preserved or established around wetland areas landward from the edge of the wetland in all places and shall average 25 feet of width from the landward edge of the wetland. 1. Cleared of invasive nonnative vegetation (e.g., Brazilian pepper, Australian pine and Melaleuca), except as otherwise authorized by the city, by the developer at the time of development or redevelopment of a site. Lands that are set aside in a preserve status may be included in open space calculations for purposes of meeting open space requirements of the city's planned community district or planned unit development ordinances if the canopy, understory, and ground cover vegetation are left intact. However, such preserved lands shall not make up more than 50 percent of the total required open space, unless it is determined by the city council that a greater portion of the required open space should consist of preserved area because of special site constraints or preservation opportunities. (2) Alteration within the preserve shall require City approval, and shall be limited to: 1. The construction of boardwalks, pervious walkways, and other passive recreational or educational facilities. 2. The construction of firebreaks, fire lanes, or fence lines and the removal of invasive nonnative species and their replacement with native species. The use of native plant communities, existing roads and trails, etc., as firebreaks is preferred to the construction of new access roads or fire lanes, which would result in the introduction and spread of invasive nonnative plant species. 3. Primary public/institutional buildings shall be prohibited in the conservation land use designation and within other environmentally sensitive lands, including wetlands, 1 00-year floodplains, groundwater aquifer recharge areas, areas set aside by the development to meet the 25-percent preservation of native ecological communities and wildlife habitats, unless otherwise approved by the city council. Policy 6.1.9.6: The City shall maintain the following minimum requirements to require a management plan for all preservation areas andor conservation lands. a) A management plan of the preserve area and/or any other conservation areas within the city shall include but not be limited to long-term protection of the preserve/conservation area, continued removal of and protection from litter and debris, avoidance of activities or land alteration which may CONSERVATION 6-1 1 disturb the preserve area, eradication and continued monitoring and removal of invasive nonnative plant species, control of off-road vehicles, and maintenance of hydrological requirements. Periodic prescribed burning or other mechanical methods that would simulate the natural processes of the natural historic fire regime may be required for some areas. b) Each management plan shall be approved, pursuant to Comprehensive Plan Policies and land development regulations by the department, before final approval of construction drawings or commencement of land alteration, whichever occurs first, andor incorporation into the city as a conservation area, open space, greenway, or wildlife corridor. (c) Deed restrictions. (1) For those lands identified for preserve status, appropriate deed restrictions shall be placed on the lands and recorded in the public records of the county, or they may be dedicated to a public entity or approved private conservation group for the purposes of preservation, or appropriate restrictive conservation easements granted in perpetuity may be established, or such other similar protective measures may be established, as determined by the city council, upon completion of all review processes. (2) A conservation easement shall be established for a preserve area on a single-family residential lot five acres or greater in size. The deed restriction or conservation easement shall be dedicated to the appropriate entity, such as the property owners association, or a state or local government or agency. (d) The perpetual maintenance and protection of designated preserve areas shall be established by a legally binding, recorded instrument. Policy 6.1.9.7: The City shall provide for a voluntary density bonus program for land use designations of residential high (RH) to permit densities up to 15.0 units per gross acre, based on one additional unit of density allowed for every ten percent of native ecological habitat put into a preserve within the planned community district (PCD) up to a maximum of 15.0 units per gross acre. These preserve areas shall be over and above the minimum preservation and open space areas provided in accordance with standard PCD requirements. Policy 6.1.9.8: The City shall maintain in the land development regulations requiring the removal of invasive nonnative species from preserve areas and development tracts. CONSERVATION 6-12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 9,2005 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING THE CONSERVATION ELEMENT OF THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS RELATING TO THE PROTECTION OF ENVIRONMENTALLY SENSITIVE AREAS AND LISTED SPECIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens authorized the staff to initiate comprehensive plan amendments necessary to effectuate the City’s economic development goals and objectives; and WHEREAS, the proposed amendment to the Conservation Element furthers the goals, objectives, and policies of the recently-adopted Economic Development Element; and WHEREAS, on February 8, 2005, the Planning, Zoning, and Appeals Board, sitting as the duly constituted Local Planning Agency for the City, recommended approval of this amendment to the Conservation Element of the Comprehensive Plan of the City; and WHEREAS, the City Council finds that the subject amendment is consistent with the City’s Comprehensive Plan; and WHEREAS, the City Council finds that the subject amendment is consistent with Sections 163.31 84 and 163.31 87, Florida Statutes; and WHEREAS, the City Council acknowledges that this amendment is subject to the provisions of Sections 163.31 84(9) and 163.31 89, Florida Statutes, and that the City shall maintain compliance with all provisions thereof; and WHEREAS, the City has received public input and participation through public hearings before the Local Planning Agency and the City Council in accordance with Section 163.31 81, Florida Statutes; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 14,2005 Ordinance 9, 2004 SECTION 2. The Conservation Element of the City’s Comprehensive Plan is hereby amended to read as follows: Def i n i tions : LISTED SPECIES - Those species desiqnated as endanqered, threatened, or of special concern . PROTECTED - Refers to official federal, state, or international treaty lists which provide leqal protection for rare and endanqered species. THREATENED SPECIES - Species that are likelv to become endangered in the state within the foreseeable future if current trends continue. This categow includes: (1) species in which most or all populations are decreasinq because of over-exploitation, habitat loss, or other factors; (2) species whose populations have alreadv been heavily depleted by deleterious conditions and which, while not actually endangered, are nevertheless in a critical state; and (3) species which may still be relativelv abundant but are beinq subiected to serious adverse pressures throuqhout their range. ECOSYSTEM - An assemblaqe of living organisms (plants, animals, microorqanisms, etc.) and nonlivinq components (soil, water, air, etc.) that functions as a dvnamic whole through orqanized energy flows. ENDANGERED, THREATENED, AND SPECIES OF SPECIAL CONCERN (referred to as listed species) - Plant and animal species listed as endangered, threatened, or of special concern by one or more of the following aqencies: 1. 2. 3. 4. Florida Department of Aqriculture 5. U. S. Fish and Wildlife Service Florida Game and Fresh Water Fish Commission Florida Committee on Rare and Endangered Plants and Animals Treasure Coast Reqional Planninq Council Policy 6.1 S.6.: To ensure protection of environmentally sensitive areas an6 listed species, the City shall implement the following criteria either in combination or singly for any proposed alteration of lands designated as environmentally significant pursuant to Comprehensive Plan Policy 6.1 5.4: 1. The project design provides for the protection and preservation of the most valuable or unique existing natural resources, listed species, and environmentally significant lands on site; 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 14,2005 Ordinance 9.2004 2. If no listed species have been determined to exist on the site, or on-site preservation would yield a preserve area that is less than the preferred minimum of ten acres or unavoidable impacts to wetlands occur, an alternative form of mitigation acceptable to the City Council is implemented; %. 3. The Citv shall continue to require, through the Land Development Regulations, that all development with siqnificant environmental impacts, including aqricultural development, set aside as preserve areas a minimum of 25 percent of the total upland native plant communities on site. The 25 percent set-aside shall be based on the quality and viabilitv of the vegetative ecosystem. The Citv shall have the option to desiqnate the portion of the plant communitv which will be included in the 25 percent set-aside. Such set-aside habitat shall be preserved and manaqed in viable condition with existinq canopy, understow, and around cover. The Citv shall, for development occurrinq east of the Urban Growth Boundarv, have the option of acceptinq off-site preservation or a cash pavment in lieu of preservation and shall accumulate such payments from development for the purchase and management of off-site upland native plant communities. The Land Development Regulations shall establish criteria for assessing the cash pavment amount and for determining which proiects warrant the use of the cash payment option. A propertv owner of a platted upland preserve shall not be allowed to use the off-site preservation or the cash pavment option to modifv the preserve area. ... 3 F " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: January 14,2005 Ordinance 9,2004 SECTION 3. The City's Growth Management Administrator is hereby directed to transmit the proposed Comprehensive Plan Amendment and supporting data, analysis, and other relevant material, which is attached hereto as Exhibit A, to the Department of Community Affairs of the State of Florida and other appropriate public agencies, and upon adoption of this Ordinance is further directed to ensure that this Ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and other agencies in accordance with Section 163.31 84(3), Florida Statutes. SECTION 4. The effective date of this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.31 84( 1 )(b), Florida Statutes, whichever is applicable. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Community Planning, Plan Processing Team. An adopted amendment whose effective date is delayed by law shall be considered part of the adopted plan until determined to be not in compliance by final order of the Administration Commission. Then, it shall no longer be part of the adopted plan unless the local government adopts a resolution affirming its effectiveness in the manner provided by law. (The remainder of this page left intentionally blank) 4 - c Date Prepared: January 14,2005 Ordinance 9.2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED this day of , 2005, upon first reading. PASSED AND ADOPTED this day of , 2005, upon second and final reading. CITY OF PALM BEACH GARDENS FOR BY: Eric Jablin, Mayor Joseph Russo, Vice Mayor Annie Marie Delgado, Councilmember David Levy, Councilmember Hal R. Valeche, Councilmember ATTEST: BY: Patricia Snider, CMC City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Christine P. Tatum, City Attorney AGAINST ABSENT G:\attorney-share\ORDINANCES\COMP PLAN - text amd - conservation element - ord 9 2005.doc 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 . 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 1. 30 31 32 33 2. 34 35 36 3. 37 38 39 40 4. 41 42 43 5. 44 45 46 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. 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 I 46 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 3 - . . . . . . . - ._ . . . -. .. . . . . . . .- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: 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) 4 Date Prepared: July 15,2004 Resolution 92,2004 1 2 3 4 5 6 7 8 .9 10 11 12 13 14 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) 15 16 8. 17 18 19 20 21 22 23 24 9. 25 26 27 28 29 30 10. 31 32 33 34 35 11. 36 37 38 I 39 12. 40 41 42 43 44 45 46 i 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) 5 1 13. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 14. 17 18 19 20 21 15. 22 23 24 25 26 27 16. 28 29 30 31 32 33 17. 34 35 36 37 38 39 I 40 41 42 43 44 45 46 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 2 3 18. 4 5 6 7 8 9 10 19. 11 12 13 14 15 16 17 18 20. 19 20 21 22 23 21. 24 25 26 27 22. 28 29 30 31 32 33 34 35 36 23. 37 38 39 40 41 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 43 44 45 46 24. The Build Out date is December 31 , 2004. (Planning & Zoning and City Engineer) 7 Date Prepared: July 15,2004 Resolution 92,2004 1 25. 2 3 4 5 26. 6 7 8 9 10 11 12 13 27. 14 15 16 20. 17 18 19 20 21 22 29. 23 24 25 26 27 28 30. 29 30 31 31. 32 33 34 35 36 37 38 39 40 32. 41 42 43 44 45 46 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 8 Date Prepared: July 15,2004 Resolution 92,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ' 40 41 42 43 44 46 I 45 33. 34. 35. 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) 9 ~~ 1 39. 2 3 4 5 6 40. 7 8 9 10 11 12 13 14 15 16 17 41. 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 11 ~ ~ 1 2. 2 3 4 5 3. 6 7 8 4. 9 10 11 12 5. 13 14 15 6. 16 17 18 19 7. 20 21 22 23 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: 25 26 1. 27 28 2. 29 30 3. 31 32 4. 33 34 5. 35 36 6. 37 38 7. 39 40 8. 41 42 9. 43 45 46 11. ! I 44 10. I 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 1 2 3 4 Sheets. 5. 6 7 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. 8 15. 9 10 16. 11 12 17. 13 14 15 18. 16 17 19. 18 19 20. 20 21 21. 22 23 22. 24 25 23. 26 27 24. 28 29 25. 30 31 32 26. 33 34 35 27. 36 37 38 28. 39 40 41 29. 42 43 44 30. I 45 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. 2 3 4 13 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 35 36 37 38 39 40 41 42 43 44 45 46 47 i 34 5 6 7 8 9 11 I 10 ATTEST: I 12 - - 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. Project #98-1205 July 6, 2004 F:\Project Docurnents\PALM BEACH COMMUNITY CHURCH\Borland Ctr PAMP 7.06.04 final1 .doc 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 F:\Project Documents\PALM BEACH COMMUNITY CHURCH\Borland Cb PAMP 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 July 6, 2004 F,\Project Docurnents\PALM BEACH COMMUNITY CHURCH\Borland Ctr PAMP Jq~lter, FloMa 33458 7.06.04 finall.doc 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 Projea #98-1205 July 6, 2004 F:\Project Documents\PALM BEACH COMMUNITY CHURCH\Boriand Ctr PAMP 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the 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: 2 Date Prepared: December 29,2004 Resolution IO, 2005 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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: 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: 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) 4 Date Prepared: December 29, 2004 Resolution 10, 2005 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 PASSED AND ADOPTED this day of ,2005. CITY OF PALM BEACH GARDENS, FLORIDA BY: 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” tm WN -e E! io ? C Z -0 I- > --I --I m U - I SHEET 3 SHEET 4d I -- I m I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I -I 7J > 0 -I MATCH LINE - SEE SHEET 4 OF 8 1 20.00' I I I MATCH LINE - SEE SHEET 3 OF 8 I 1 7- _____._ I I' I I I I I I I I I I I I I I I I I I I I I I I I I I I I 7 I I 13.00' I I/ I r GARDEN $1 SQUARE f6 BOULEVARD I ______- GARDEN LAKES & GARDEN SQUARE SHCPS (PLAT BOOK 34, PAGES 139-145) I 40, PAGES 56-70) ----- I$ I:- m 7J 185.00' Nfl1'55'49"E -I 7J > 0 -i 230 00' - MATCH LINE - SEE SHEET 6 OF 8 A A 0 7 < 0 -nz a n z 0 I-J aLL zu. 0 > I- 0 - MATCH LINE - SEE PANEL B ~ MATCH LINE - SEE SHEET 3 OF 8 \\$ WEST 1/4 CORNER SEC-ION 1 (d2/42) FND >ALM BEACH \ \4- RrCOUkTY BRASS DISK \ \I \I I I a n - fY 0 +J I- o U II: t- -7 I M co M N ~ U I- o 4 nf I- M I- o Q CY I- - 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 QRB m. PB PA PEP. PX PM PILC. PS. PW PRP. P.T. PUD pm. R RYL wn 1. E TM lw. UL un. UP. .y PL -_ S88'29'32"E - 7- r-- S HA DY LAK ES (PLAT BOOK 43, PAGES 6-1 c 0, ID * 10 N t . 50.00' 4 '. SOUTH LINE OF GARDEN LAKES & GARDEN SQUARE SHOPS (P.B.34, PG.139-145) PROP. 15' DRAINAGE EASEMENT 51804001-2) It cn IIIII - cu 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 I I I I 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 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 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. lfl" Prs r-'c 3 3YO I Proposed Amendment Ordinance # hd A, *cb4 Name: XA.-//"I, 3- r? C[ K qc:p 1' Amendment Ordinance # SIGN-IN FORM FOR MEMBERS OF THE PUBLIC INTERESTED IN THE PROPOSED COMPREHENSIVE PLAN AMENDMENT ,3 .!: Mailing Address: ' 0: \: 4J Proposed Amendment Ordinance # Name: sww C*&VkiW SIGN-IN FORM FOR MEMBERS OF THE PUBLIC INTERESTED IN THE PROPOSED COMPREHENSIVE PLAN AMENDMENT Amendment Ordinance # Name: Mailing Address: Proposed Amendment Ordinance # Name: Mailing Address: Proposed Amendment Ordinance # Name: Mailing Address: Proposed Amendment Ordinance # Name: Mailing Address: Proposed Amendment Ordinance # Name: Mailing Address: Proposed Amendment Ordinance # Name: py fee Mailing Address: y 3 8 .A h +wt Pa&, Ordinance # y.3,Y Name: #mi& tLcLMcc ~ Proposed Amendment Mailing Address: 3 I Y Y $L fi id& Proposed Amendment Ordinance # Y +q -PO&: Gt- Mailing Address: 51~~ s.yaLae(/a Of, Proposed Amendment Ordinance # - ’7 4 Par, Fc Mailing Address: 63Y A~+JL G3u Proposed Amendment PO&+ Ordinance # 7 Name: (3CuJty 4&u24- Mailing Address: 37 c \ (44 SIGN-IN FORM FOR MEMBERS OF THE PUBLIC INTERESTED IN THE PROPOSED COMPREHENSIVE PLAN AMENDMENT ?Ob-, k Proposed Amendment Ordinance # y + 7 Name: Kd GRcezJ Q Mailing Address: 83 3 A Ha^ o &A LJ fOG, k Proposed Amendment Ordinance # 7 Mailing Address: 8+ fl+ ywq Proposed Amendment Ordinance # 7 Name: Eue HaLPerc 9h 486: ci Mailing Address: / 60 I 6rw~ f L~c , 4i 300 Proposed Ir\. &4tA ,cc Amendment Ordinance # 7 Name: bamy Re;sJ 1 Mailing Address: 11 ooo & vp6vy, CUCCAC 1 PBG. (% Proposed Amendment Ordinance # q- 7 -9- p Name: & GYJIClUS SIGN-IN FORM FOR MEMBERS OF THE PUBLIC INTERESTED IN THE PROPOSED COMPREHENSIVE PLAN AMENDMENT Mailing Address: 3 I 3 d 3% r-2 t Jtje Qf. Proposed Amendment POL. GL Ordinance # Y Name: Tr&nnC u vrci LIC Mailing Address: y\ a7 +wQ,~ dw I Proposed Amendment PBL. Fr Ordinance # 917 Name: KQh)bJA K& Mailing Address: Proposed Amendment Ordinance# 7 b I o uia* o<, e&; GL Mailing Address: 31yg &,, $4 L &-e/= %<, Proposed Amendment poG.. h Ordinance # .-s Name: fidclllc ?P+ Mailing Address: r,~ zr& k DA. PRG: k Proposed Amendment Ordinance # * 7 Name: %c3 Mailing Address: a< pg,dced& k~. Proposed Amendment Name: digul, fi~~&)clrr) gsG, fi Ordinance # Y SIGN-IN FORM FOR MEMBERS OF THE PUBLIC INTERESTED IN THE PROPOSED COMPREHENSIVE PLAN AMENDMENT Mailing Address: ~1 a 3 w4sbAq 44G, k Proposed Amendment Ordinance # y *9 Name: LrZe UM.2eBRaolc Mailing Address: y\ ay \le~tka dw Proposed Amendment fa, k I Ordinance # w-9 Name: NORM9 Vhd Mailing Address: 6~ s3 CeL& a- 406, 6 Proposed Amendment Ordinance # 7 Mailing Address: I y? fb.--+ we Proposed fO6. F- Amendment Ordinance # - 3 29 Name: VI% ochcerw Amendment Ordinance # q-7 +v+q Name: rc ~LJ-c;i-2eyc Mailing Address: 74 D,d& Proposed Amendment Ordinance # /7 ff36 GL ' Name: Mailing Address: SIGN-IN FORM FOR MEMBERS OF THE PUBLIC INTERESTED IN THE PROPOSED COMPREHENSIVE PLAN AMENDMENT Proposed Amendment Ordinance # Name: Mailing Address: Proposed Amendment Ordinance # Name: Mailing Address: Proposed Amendment Ordinance # I Name: P. as Mailing Address: r5q (:Mrsf- # ?Kr.N ?*a&. 35310 Proposed Amendment Ordinance # rl Mailing Address: ] 801 5.d- I c+ ' #E' 8.6. 33cI18 Proposed Amendment Ordinance # Name: Mailing Address: Proposed Amendment Ordinance # Name: desr ?elm ZP~. SIGN-IN FORM FOR MEMBERS OF THE PUBLIC INTERESTED IN THE PROPOSED COMPREHENSIVE PLAN AMENDMENT I Mailing Address: I Proposed I Amendment I Ordinance # Name: I Mailing Address: I Proposed I Amendment I I Ordinance# Amendment Ordinance # Name: - riad Sa\Imo LAr Amendment Ordinance # Name: Mailing Address: S 1-c Proposed Amendment Ordinance # Name: P. A.C- 1 339/4? Mailing Address: 917 n!J meaet.) Gjq ?. 6.b ’ 33418 Proposed Amendment Ordinance # Name: Mailing Address: lo11 SkdV /.sk-es Cir. Q.R.6 * -34 I8 Proposed Amendment Ordinance # t Name: 78.fSafiu Fed 6 Amendment Ordinance # , c( 49 SIGN-IN FORM FOR MEMBERS OF THE PUBLIC INTERESTED IN THE PROPOSED COMPREHENSIVE PLAN AMENDMENT Mailing Address: /6/3 /6 L- FL 339ff Proposed Amendment Name: A +e- G ia mme ryrt Ordinance # &9 Mailing Address: J 6 / 3 I& Lad- f*A.&. 33(//8 Proposed Amendment Ordinance # L.147 Name: All %dVC& Mailing Address: 5 550 3 h;r/a&,q 'is cp Proposed Amendment Ordinance # Name: BevJ'% Y SIGN-IN FORM FOR MEMBERS OF THE PUBLIC INTERESTED IN THE PROPOSED COMPREHENSIVE PLAN AMENDMENT Mailing Address: Amendment Mailing Address: 13850 Sand CXuna. h. Q* 8.6 3 3J18 1 Proposed Amendment Ordinance # Name: I Gdd? - CdaId; Mailing Address: 1913 Flader L- 33'flO Proposed Amendment Ordinance # 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. Q.l-L $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. 3 S m c v) a S 3 a a 3 Q < m 8 7 v) U CD n m v) 3 I. 8 3 m m X 0 rt. n E. 0 3 -. rt 8 G -. 3 3 v) QJ 3 3 n I. 6T rt QJr 3QJ Q< m 3 m --n 2 0 0 Q v) v) S 3 Q 3 QJ 0 QJ 3 Q QJ W 0 S rt P VI 0 0 0 -. 3 I. rL QJ U 3 m I. -n 3 0 0 Q v) 8 3 3 c 3 I. m X 0 E. n < m a m rt. 0 3 G I. 3 rt r v) QJ I. 3 QJ W S rt rt I. QJ U XJ m QJ 3 QJ 3 QJ m 0 QJ u 3 QJ CT 0 S a 0 0 0 0 rt * 0 7 ru m 0 QJ n v) 3 n r z m rt QJ 3 Q QJ QJ 3 8 - rt r m v) rt 2. U s r n r I. 4 a r S a r 0 S r rt rt v) 8 D m 0 S m < QJ - 3 0 3 m m c rt u QJ G. 0 3 % I. v) 8 z! a S m 3 5 m Q 0 3 QJ 3 3 -. rt -. 3 v) J ! 1 2 3 4 5 6 7 8 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 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 1 2 3 4 5 6 7 a 9' 1Q 11 12 1:, 14 15. 16 17 18 19 20 21 22 23 24 25 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 a, 5 4 n m U 82 cc, 0-13 c t 8 KP un a, L * 4 U a, > .w .- 8 2 VI c 0 m U Q Q m c .- .- .w .- - E Q 0 a, > a, U c a, - c, .- z 3 VI c m Q) a, Q .w - E 8 a .- -4 w 0 0 N rl M L 4 2 2 c m 5 .;s-' 0 0 N M 4 l-l 5 E 8 8 4 0 c, U a, c m .w 2 VI .- - m > Q Q m 2 tij 7 0 a .- .- .- U a, m c m VI a, U .w .- * m 3 4 E 0 m I .- L 2 m b c m 3 0 2 5 .- 3 U 5-13 E$! 08 m Ua, m* a,= xm e .- -e .- -m -- a= .- .- .- L vi c 0 a .- 4-J .- 8 b 0 .w c a, a, 0 c a, E E u- L rn 2 -E! a, 0 c a, a 0 a, > a, a 0 4-J E - u- a 0 a .- & a, > E 8 W 10 I\ rl ob cj a, m SI vi c 0 U S 0 u .- w .- u- 0 w c E a, 0 a, rc U S 111 E -F a, 0 w c E n 0 a, U - 5 u- 0 U 0 a .- tl a, > E 8 w cj a, v, 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 S a, a, a v) m c m m c U W m U S U U 5 .I 0 U U v) m a, c 0 U m U v) a 3 m .I U a, S -. 0 FE v) a, c .I til I- vi b Pi 8 a, m a 0 U II L a, a, a, m 3 u- v) 0 0 0 .a U 3 0 a m 0' m S E v) m a, Q Q m L U U .I 3 a m a, L m v) c U c ,s 0 m a, ,cn a, > W 0 x a, .I .I .I U U .I U 'c .I z S E 0 W v) U 0 s m G a, S Q m > a U a, m S e 0 r U v) 0 a, v) U 3 v) W v) c 0 c I- c1) c .- U .I E .I I- .I - .I s 0 0 Na, mc 4 U 3 0 a m U S m a m S U c 3 0 Cc v) v) U 0 .I .I B m II a, S Q 0 .I II .I L;. - m 3 u- U v) a, c m c a, c t- s .I v) a, 0 73 73 c m > m til - u a a W n > - a, IU '5 U II a, a, v) c m U S 0 W .I U .I c 0 U m U a, cn a, > .I W U 0 x a, .- a, 0 v) E \ 4 vi a, W a, SL v) .I tj > 0 u U S 3 0 cn L v) 3 0 tij E 3 S 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 [;y<J '.L/ \ C' ,' "\\,*, p5-7 Q3 L2, 1'; . 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