HomeMy WebLinkAboutAgenda Council Agenda 042105 - Town Hall Meeting ReportMarch 31, 2005
Town Hall Meeting
Report
Submitted for Council review:
April 21, 2005
TOWN HALL MEETING FOLLOW-UP
ISSUES LIST
Page# Line# IssuelConcern Resources
8 Public Records Request Legal & Clerk
L
2
2
2
3
3
2
2
2
2
2
2
2
2
3
4
4
5
5
5
5
5
6 e: 8
9
10
12
12
13
13
14
14
15
16
17
17
18
18
18
20
28
41
2
3
7
23
26
18
32
35
30
24
11
12
29
15
43
5
43
42
40
23
41
6
20
31
27
9
43
11
2
7
18
28
5
27
18
Agendas for City CouncillPZAB availability Clerk
Workshop meetings Legal
Publish regularly scheduled meeting dates of all advisory comi Clerk
Provide the public with proposed dev orders at the public heari Clerk
Quarterly staff meeting on budget Finance
Disclose the application new tax dollars FinancelCAFR
Annually CIP Finance
Return control of agenda to Mayor Council Manager Report
Reestablish quarterly meetings Mayor
Workshop admin changes to code GM
Staff planner available GM
Reviewing status of development applications GM
More detailed info on website about development apps GM
Change LDRs to require preservation onsite GM
Commitment to pedestrain activities GlSlGM
Vision document Retreat
Need for more code enforcement GMlCode
Upland preservationlmitigation requirementsloff-site mitigation GMlLegal
Staff controls Council /Attendance of City attorney at meetings AdministrationlLegal
Legacy Place mitigation to Beeline Highway GMlLegal
Downtown at the Gardens traffic study & Kyoto Gardens Drive GMlLegallEngineering
Alcohol Ordinace GMlLegal
Forbearance Agreement - Building moratorium
Legacy Place, DL Bureau & Post Office - aesthetics
Southhampton Development GM
Christ FellowshiplHorsehoe Acres wall (noise barrier)
Hyacinth Circle South canal - slope too steep
Charter Review & Districting Retreat
speed limit on Northlake
Mosquito spraying - gated communities
Congress Ave to AIA GMlCounty
Briger Community Planning Session EDlGM
Waivers on Pacrel5A GM
Traffic light enforcemnet utilizing cameras AdminlPD
PGA Widening/walls and Mirasol Publix GM
Televising council meetings Admin
Citizen input desires Retreat
Turnpikel95 Jupiter exits closing to trucks - diverted PGA Boul, FDOT
Hurricane Event Administration
Volunteer programslCERT PDlFDlJen Holdt
Providing public transportation Administration
LegallGMlAdmin
Admin
GMlLegal
CSlBuilding
Police Department
Public Works
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: April 18,2005
FROM: Ron Ferris, City Manage
I SUBJECT: Town Hall Meetina ReDort I
On March 31, 2005, the City Council hosted a Town Hall Meeting at the Burns
Road Community Center Auditorium. The purpose of the meeting was to
encourage residents to discuss the future of the City with their elected officials.
Following that meeting, City Clerk Department staff transcribed the recording of
the meeting verbatim so that Council and staff had a record of the issues,
questions and comments raised at the meeting.
At the direction of the City Council, staff has prepared this report with information
on the issues raised and inquiries made at the Town Hall Meeting. This report
includes a copy of the verbatim minutes in full, an issue fact sheet referencing
the page and line number of the issue discussed, and support materials (as
necessary) regarding the issue.
It is important to note that for many of the issues raised, information was readily
available to provide a response, as the recommendations have already been
implemented andlor practiced by City departments (i.e., preparation and adoption
of an annual Capital Improvements Program). In other cases, staff has been
aware of the opportunity to make improvements in internal processes and in the
dissemination of information (Le,, development order applications) and has been
studying ways to implement effective change.
Some the issues raised involve policy decisions for Council to discuss and
provide direction to staff as to how the City should proceed. For example, the
Chamber of Commerce provided a position paper which presented two items for
Council to consider:
1. That it support the concept that a healthy business environment is an
equal partner in the creation of a vibrant community; and
2. That we (the City and the Chamber) work together in a collaborative
process to develop a wholistic and strategic approach to address these
issues.
Additionally, a desire to hold future Town Hall Meetings was announced to the
public during the meeting on March 31, 2005 and at Council meeting on April 7,
2005. In that regard, staff is seeking direction on the Council’s vision for these
meetings so that they are planned appropriately, and so that those residents who
participate feel that they are effective. a
Should you have any questions or desire additional information on any of the
issues and responses covered in this report, please advise. Thank you.
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
City of Palm Beach Gardens
Town Hall Meeting
March 31,2005
Burns Road Community Center
7:OO PM
Joe Russo: Let’s go ahead and get started. This is not a formal meeting so I don’t need to
call the meeting to order. We have the full Council here this evening. We have Vice
Mayor Jablin, Councilmember Hal Valeche, Councilmember David Levy and
Councilmember Jodi Bamett. We are all here tonight to serve you. This is something we
haven’t done in ages. When we talked about doing this together I was very nervous about
doing this. But I don’t need to be nervous anymore. I was really afraid that nobody will
be here. So obviously I want to thank each and every one of you and basically what you
did is put the ball back in OUT court. We’re here tonight to do what I believe good elected
officials have to do, and that is to better listen and become speakers and you all know
because it’s you and you go out and talk to everybody and were able to in effect, tell ????
what to do and they come do it for us. Well there is no election for 2 years. We want to
treat tonight as the beginning of a business plan for the City of Palm Beach Gardens. As
you all know we used to have community meetings every three months and unfortunately
the participation lacked and we stopped having them. Tonight is the beginning of the
program beginning again. We are going to have our first meeting in June after this. It
will be a little different than this. All Departments Heads will be here so can come and
ask any question you like. Again it will be informal and we are going to be able to do
other things and to service you and so forth. But what we are here tonight for is to hear
from you, what you would like to see the City to do, what you would like the City to be.
If you don’t like public speaking you can fill out a comment card in the back and we will
read it later. This is your City. We are here as the captains of your ship, to guide you and
we want to know what you would like us to do. It’s very important that everyone speaks
tonight. We are not going to get in conversations with you. We are basically going to
listen to what you have to say, document it, bring it back to the City Council for further
discussion and we are planning a retreat at the end of the month of April where we are
going to formulate a plan using all the comments. We’re interested in what you would
like to see, there are some pretty exciting projects. We want to know what you want for
the City. From what ever it is, from a dog park to renovating a ????? and that’s why we
are here tonight. I would like to recognize Commissioner Marcus, who I guess has
chosen to give up her meeting tonight to come and join us and Thank you for coming and
welcome. Let me explain the reason the good news for her being here. When she might
say the County would like to participate and there she goes (ha, ha) Karen is a great
friend to the City of Palm Beach Gardens and she helps tremendously. Many of you
know the MacArthur project and on and on she is always there and I want to thank you
for that. So with no further ado, would any Councilmembers like to say anything. If not
we will go to the residents and we have two microphones on both sides and they will
come to you. We also have former Councilmember Lauren Furtado here and we
welcome you and I think I saw former Mayor Mike Martinez come in to and we welcome
1
1 0:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 0 ;:
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
him also. And if there are any others we would like to welcome them all. So any way
let’s start it going.
Paul Auerbach: Joe, my name is Paul and I am the President of the PGA Corridor
Resident’s Coalition. We had a Board of Director’s meeting and have come up with the
following suggestions for Council. It’s a little lengthy but I think it’s important because
it’s theirs.
For years the city’s policies for involving the public were progressive and inclusive.
Lately however, the approach to public participation and access to information ha
become less open. When the coalition was active in the Borland decision, files were not
available to us without the application of the most constraining measures. For instance,
where we used to be able to ask a staff person for information and it was provided, lately
a public records request is required and it has to be approved by the city attorney.
Developers have been treated with more respect and accommodations than
representatives of the Coalition. Citizens need to be treated as the focus of government
effort not as the enemy.
Changes needed:
1)
2)
Return the procedure of having a staff planner available at the desk to field
questions and assist in reviewing of documents.
Make the agendas for the City Council meetings and the Planning and Zoning
Commission meetings available to the public at the same time they are
available to the governing bodies.
Return control of the agenda to the Mayor
Return to workshop meetings to allow the council members to discuss issues
among themselves without violating “Sunshine Laws”.
Reestablish the quarterly neighborhood meetings and make them focused on
the important issues facing the city not just a “dog and pony show”.
Publish the regularly scheduled meetings dates of all advisory committee
meetings.
3)
4)
5)
6)
Changes needed for Growth Management Review:
1) Provide the opportunity to review the status of all applications through the
processes, beginning with a notification on the website that the application has
been submitted
2) Provide more detailed information as to the request of the website not just name
of the project. The density, intensity, waivers requested etc. should be noted.
3) Change the LDR’s to require the preservation of upland and wetland tress on-site.
Limited mitigation may be allowed but all commercial sites need to be treated the
same way the residential sites have been. Leave enough of the natural vegetation
so we can remember what the City used to look like.
4) Provide the public with the proposed development orders at the time of public
hearing and read into the record any changes to the development order then
require the applicant to accept all conditions of the development order.
5) Hold a workshop on the proposed administrative changes. Has all the council
really read the changes? What is the recommendation of the P&Z?
Changes need for Budget Review:
.
2
1 0:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
0 13
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Hold quarterly staff meeting on budget.
Disclose the application of any new tax dollars, it is understood that funds need to
be allocated for inflation and contract conditions but last year there was $6
million new dollars and no explanation of where it was spent. Rather the
reviewer had to sort through all the budgets to find the increases.
Carefully review all capital expenditures and prepare and annually review a
capital improvement program.
Collation Position on Issues:
Vavrus Property: The Coalition recommends no approval of land use plan or
zoning changes for the Vavrus property unless and until construction of the Scripps
projects goes forward on the Mecca site or the Palm Beach Park of Commerce site. If
any plans are approved it should be an essential part of the plan to provide high-level
vehicular access north-south and more limited access east-west. State Road 7 should be
extended all the way to SR 710 with appropriate protections oft he wetlands and a fly-
over of the railroad tracks. Extensive retail, entertainment, commercial and research
facilities should be the emphasis, not 9000 new homes to clog PGA Boulevard and
Northlake Boulevard.
Briger Property. The Coalition recommendations that the land use plan and zoning
on the Briger Property be modified to allow some part or all of the Scripps project to be
built there if the opportunity should present itself. However, in any future development
plan existing housing projects along Central Boulevard must be fully protected. We feel
that industrial, research and development and major commercial projects should be
limited to the lands between the Turnpike and 1-95 Projects east of 1-95 should be mixed
use projects in the “New Urbanism?’ design such as Abacoa across Donald Ross Road.
Pedestrian Access. Too little attention is being paid to pedestrian access especially as
persons wish to cross Military Trail, Northlake Blvd and PGA Boulevard. It is the
Coalition’s recommendation that City fund capital improvements at the scale of the
“Flyover” to make the City a real pedestrian oriented city. There are many proven
techniques to assist pedestrians in road crossing without compromising the vehicular
effectiveness of the road. Every new project should make a commitment to pedestrian
access to compensate the public for the waivers requested.
These proposals were suggestions from the Board of Director’s of the PGA Coalition.
The Coalition meets on a regular basis at Woodland Lakes. Our next meeting is April
23‘d. This is open to every single member of the City of Palm Beach Gardens and who
ever else wants to come. It is an open free form discussion and as you all know, at the last
meeting that we had everyone from the council but one was present and you listened to
our point of view. There was no undue pressure, everybody was able to voice there
opinion which I expect we will have here tonight and we would like to see it continue.
Joe: Thank you -
1
@:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
0 ::
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
J You will get a response to that full statement at some point down the
road. And again anybody who does make a statement or a question or
what ever it is and you don’t have to be an Attorney like Paul is.
Everybody will get a response back.
Lauren Furtado: I don’t know how to follow that because I am not a lawyer, however I
am a former Council woman and before I mention our vision document that we worked
so hard on I have two requests.
I would like us to do a management audit. We are starting forward a new year as
everyone has said, but there is something we need also. We need more people in Code
Enforcement. Our little Code Enforcement Department, there are three people and %
person and the % person works on weekends. Not really a % person but a part time
person. If we want to keep our City beautiful we need to have more manpower.
The other thing I wanted to note is on the Kyoto Drive issue which I know some of you
are here for. There is something that bother’s me because we pushed so hard when I was
on the council and it’s called Buyer Beware. We notified all the villagers and that was
something we stood so strongly by. We had more meetings on the dais on Kyoto Drive.
Maybe there are a lot of you that are new and weren’t part of that but you’re supposed to
be notified be it schools or road or whatever when you go to buy a place, Buyer Beware.
This is coming up, and this is on the books. I think somehow that got lost with Kyoto
Drive and perhaps and Winchester Courts. I know Plat 4 was aware of what’s going on
but there maybe a lot new people. Also, this is called our vision document. We worked
for 2 years with residents, with staff, everybody in the community to set our priorities,
what did we want to be when we grew up. We decided we couldn’t be a bedroom
community and have the services that we want. Our fire rescue, our beautiful parks and
all that and just rely on residential taxes. We needed to have jobs; we needed to have a
running tax. I know that at City Hall you can get a copy of the vision document which
lays out our whole plan for everyone not just the new parts of the City, not just the old
parts of the City. The inclusion of the City’ businesses and prospective businesses is
critical to the success of the vision. Inherent in the belief that the City of Palm Beach
Gardens is on the cutting edge of quality. Everyone would like to be able to live in Palm
Beach Gardens but you can’t do this without quality businesses. One of the strategies in
our vision document says reduce relocation time by accelerating the development
approval process when ever possible by devising comprehensive plan policies and land
development regulations. Those of you and I don’t want to use the word Briger, just
think of a piece of property. If you look at it as it has been zoned and you look at it as we
are hoping it will be zoned there is going to be less traffic and more jobs and we are
going to be even better than we are today. But this is a whole book that we worked for
two years on this and some of those on the council, Vice Mayor Jablin, Joe Russo were
part of this. I was part of this and we worked diligent. We worked with the residents. But
there is probably a lot of new people who don’t know about it. So I’m hoping the City
Manger can produce some of these, What I would like to see if everyone who is new in
the City get a copy of the vision document. I think if you can see it and you can see you
would understand a little bit better. I know you are probably saying miscommunication.
4
1 0: That’s part of nature, we are not all perfect. But I’m telling you this vision document says
it all.
Joe: Thank you, Thank you very much. Who would like to speak next?
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Vito DeFrancisco: My name is Vito DeFransciso. I think the City for the last couple of
years has been totally run by developers. The City has been given the way to developers
and they their way with us. I don’t know if you guys know this or not, there used to be a
law that you couldn’t have any place that sells liquor within 1000 feet of a church, or 750
feet of a church or a school. The developers didn’t like that. The City changed that law to
be 500 feet because that’s what the developers wanted. They wanted to make more
money. So they sold our children down the street so the developers could make more
money. The City’s requirement is to set aside 25% of all uplands on pieces of property
on site. The reason why Palm Beach Gardens looks so nice is because people have this
25% set aside. It’s all going to go away. The City wants to preserve 25% but they said
it’s OK to take it all to the Bee Line Highway. The land on the Bee Line Highway isn’t
going to help us at all. It isn’t going to make our life better and it’s not going to show us
what a tree looks like. Is there anybody in this room that’s happy with how Legacy Place
looks? How they went in there and chopped down every single solitary tree. That’s what
this City is proposing and then when you question them about it they said we are not
changing anything. We’re still saving the 25%. They are on the Bee Line Highway. They
are going to save property where it’s already saved. They are going to save wetlands,
there going to save swampland where it is already saved. But the trees in our
neighborhoods are going to be going. The next land rush in the City of Palm Beach
Gardens is going to be the places that are currently persevered because the developers are
going to think if they can save trees down on the Bee Line Highway they can cut down
the ones where there are larger places, such as PGA National. It’s hard to say but there
are protective lands in the City that are going to go away.
Another issue is the staff in the City of Palm Beach Gardens controls the City Council. I
would like to see that turned around where the Council controls the staff. You can hardly
get anything from the City without having to talk to the City Attorney. I actually talked
to somebody about land mitigation and he said he couldn’t talk to me anymore unless the
City Attorney was there. I think that’s wrong. I really want to see the people of the City
get it back. I don’t’ want to see developers own it and I don’t want to see staff own it.
Thank you.
Joe Russo: Thank You. Just so you know we don’t allow clapping at City Hall but here
you can do what ever you want. So that’s why we are having it here. So we are very
casual and let everyone express their emotions and so forth.
Jud Laird - Hi, my name is Jud Laird and I’m with Winchester Courts to help mitigate
the extension coming from the Mall to 95 North which is currently set to go right in our
backyards. Now, I don’t know if anybody knows just how big this Downtown thing is
going to be. Because we were told there would probably only be 14,000 cars a day from
it. This shopping complex is a 70 acre mall, 68,000, square foot sixteen screen Cobb
Theater. 42,000 square foot of apartments, another 70,000 square foot of restaurants and
5
1 0: 333,000 square foot of retail space.
condominium to run along side of the media center
They are planning a 166 unit three story
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
The developer is saying people will come from as far south as Broward and as far north
as Fort Pierce but the developer sees 165,000 square foot of office space. What we’re
really going to see is 14,000 car a day on the road. You are really talking about 30, 000-
32,000 cars a day because that’s what you can handle on the roads that they are planning
on putting in. (this was inaudible -according to my notes he was talking
about the headlights reflecting westbound from the cars on Kyoto Gardens drive and
affecting Winchester Courts. I could only make out a few words - on recording at
23:45) We appreciate staff cooperating with this situation. Everyone has been very
cooperative so far but we really need help with this issue. That’s why we put you folks in
office.
Joe: I know I said we weren’t going to talk about particular issues but I was on site there
the other day and I know staff will do what ever they can to mitigate and do the best they
can. If you would like to talk about this after this meeting I would be happy to do this. I
understand where you are coming from and it’s an issue that we are all trying to make
better.
Jud Laird: no, no we appreciate everything and the staff for coming out and ????? (This
was very muffled. I really cannot understand what he is saying.)
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Joe Russo: Thank You.
Lauren Solinka(?). I live at Winchester Courts. I’m just wondering with all the
development that going on, it’s like mushrooming. I’ve lived here quite a long time, 20
years and is there a moratorium in place? Is there any legal? Every city has a
moratorium. 110 we have anything like this? Or do we keep building?
Joe: I want to hear your comments but just to tell you we can’t just do a moratorium
because the landowners have rights to use their land also so it’s not a situation where you
can just do a moratorium and stop building because you don’t feel like you want anymore
cars or whatever, The one thing there is that there is an Ordinance that basically states
that the need to meet traffic capacity on the roads. But you can’t just do a moratorium.
But anyway were trying not to get involved in taking over the discussions of different
things and so ibrth.
Eric Jablin: Back when Macarthur Foundation divested itself with their land there were
two of us at least, on this council that are here today. Also, on the council, then we
threatened a moratorium and because of that we ended up with something called a
forbearance agreement which I don’t have the particulars of it and I can’t remember
every bit of it in my head but what that ended up doing was lowering the densities along
PGA Blvd. and a great deal of the land that was involved in the McArthur land transfer
and land sale. Lower densities meant lowering the amount of cars on the road. So we did
6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 . ;:
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
take action back five years ago and I think we did quite a good job of controlling the
growth that could have been a terror. I appreciate what your concerns are and we are all
concerned about growth and traffic that we all live with and like the Mayor said we
cannot stop developers from using their land but we can shape them and that’s one thing
we did do back in 99, I forget what the date was when we signed the forbearance
agreement.
J If you want more information about it I’m sure the Mayor’s office will
be happy to, the City Manger’s Office will be happy to give you any
information surrounding that. I didn’t want that comment to go without
some answer because I understand where are coming from and we all
do.
I didn’t want that comment to go unanswered because I understand where you are coming
from, we all do.
Joe: We did a number of things, not to mention we had the discussion in one of our
community meetings about widening PGA Blvd. because the developers at that point
wanted us to widen PGA Blvd. And if we would have widened PGA Blvd. there would
have been that much more traffic on all the other roads. And basically the residents that
are here in that community said we don’t want that. We will take a little more traffic on
PGA Blvd. but we don’t want to have that much. And basically in negotiating with the
developers but we had a six month moratorium at that point and we did what we had to
do to protect us as best as we can. We can go through that forbearance agreement and I
think that is one of the best planning document that was ever written. We can spend the
whole night on it. Unfortunately, we do the best we can. If I’m in the position today it’s
definitely not good enough. That’s just they way I feel. We are here to try and do what
ever we can do to make it better. Unfortunately, everyone has rights and sometimes rights
interfere with other rights and we are trying to do our best to make sure at the end of the
day is a win, win, we are trying.
Joanne Lang: Congratulations Mayor: I’m Joanne Lang.
Joe Russo: Can we get another mike. We are recording so we can transcribe everyone’s
comments so we can give responses to them.
Joanne Lang: I still want to say congratulations. We live in a beautiful City and I just
served a term on the Beautification Board and some of our board members are here
tonight and it has been renamed the Aesthetics Committee. We try along with the City
employees, which they did an excellent, speedy cleanup job after the hurricane. Our City
is so beautiful and we try and keep it nice and clean and keep it up and we are proud to
live here but there are a couple of buildings in our city that we have discussed numerous
times one of which is that Driver’s License Bureau. I made a suggestion that we build a
big berm in front of it just like they have a the Courthouse and then do plantings in front
of that like they have at Frenchman’s reserve, so you can’t see the building. The other
horrible building is the Post Office. I know we can’t do anything about it but maybe
7
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
coming from you, maybe you can move on this. I am also president of the Palm Beach
Gardens Garden Club and we took it upon ourselves with permission of the Post Office to
go in there and clean up the place. We did and it lasted about 3 months and someone
came in planted stuff everywhere so it looks terrible there and I refuse to go back and do
anything else there but maybe the City can do something to clean up these 2 buildings but
at least see that they are landscaped so and so you don’t see them every time you drive
down PGA Blvd. You mentioned Legacy Place. That was an issue with me every time
we have a meeting. They were in a big hurry to take down the trees and then all we had
was mountains of weeds. Maybe you can do something about this.
Joe Russo: Thank you those were two great comments.
J We are going to put that down and see what we can get done.
Joanne Lang: Incidentally, our Board produced one of the pamphlets called Wet Lands
and it’s received wonderful approval and we entered that in a nationwide contest and we
won 3rd place with it.
Diane Mahar: My name is Diane Mahar and I live in Horseshoe Acres right off of
North Lake Blvd. and I’ve lived in Horseshoe Acres since 1988 there was a horse stable
to the west of our property and North Lake was two lane road with a cow pasture on the
North side. That was then. Today we have Christ Fellowship to the West of us, which is
actually there small campus now and to their North side Christ Fellowship built their
mega church and in today’s mail I received notification that Christ Fellowship they are
are planning on building a 150,000 square foot complex. We need protection from the
City to help with these issues because of the traffic issues, the safety issues and the
number of cars that will be brought there. We would like the City to help resolve our
issue as the Christ fellowship project comes on the North side of us and we would like to
have the protection of a wall on the North side of us Horseshoe Acres to help protect us
from this.
Joe Russo: Thank you
Ruth Peoples: I’m Ruth Peeples I live at 184 Bent Tree. I want to thank you for taking
additional time, from your personal time to talk to us tonight and you are taking away
time from your families too. I want to talk to you about
Joe: I hope somebody comments that we need to get a better speaker system (HA HA)
Ruth Peeples: I would like to talk to you about the South Hampton Development that is
proposed on the Northeast corner of PGA Blvd. and Central. It is 245 3 story town home
and Bent Tree is right next door that development. We are opposed to three stories in this
development. We are asking the City Council to not approve that waiver. We are also
asking for a wall between that development and Bent Tree. Something that I would like
the City Council to be aware of, one of the council members is aware already because he
attended board meetings where the South Hampton developer came to our meeting to talk
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
to us about this. Their
representatives specifically told us that they require no waivers for this development. I
think that might have caused to send some mixed signals with the City staff over this
issue because we are just residents. We didn’t know all of the information about waivers
and variances and codes. Later on we found out that they did require some waivers so
from the Board of Directors and from the neighborhood of Bent Tree we are letting you
know that we are opposed to three in that development. We heard recently in a news
broadcast that this developer is putting in next to, or just north of the Jewish Community
Center where the developer promised residents there they would have lush landscaping
areas. I’ve been to three of their developments and they have a development in Abacoa,
this land just north of the JCC on Military Trail and I went to their development down in
Boynton Beach and you will see that all three of those developments there are very few
trees. There are no lush landscaped areas. Fortunately, in Palm Beach Gardens, I do
believe we have a fabulous Forester. I think he knows every tree in Palm Beach Gardens
personally and I think he really looks out for landscaping and for our natural setting in
Palm Beach Gardens. I wish that, respectfully, that this land be videoed because I spoke
to the woman by the JCC who was on the TV broadcast and she says she has pictures of
that land before and after and you would not believe all the trees they took out. I just
want to say to you that residents are here to stay, please listen to us. Developers will be
here today and will be gone tomorrow.
There are some creditability issues with this developer.
Joe Russo: Ruth, I would to tell you that I can’t comment on anything as it relates to that.
I’m sure our attorneys here tonight, but I wish she’d come up here and because of
different legal things, but I believe that is coming up on the agenda on the 21” of April. I
invite you to come and I want you to come make those same comments on the record
then and what ever other comments you would like to make. Again, we are here for you
and we need to balance what needs to be done there. So I don’t know and I don’t want to
have an ex-parte conversation and I know attorney there will be telling me that’s what it
is. At that point and work it through.
J I will be happy to talk to you anytime about how we can help you get the
information you need and I know Paul just made a comment and I
hoping we are able to get the information he needs. So, thank you.
Ruth Peeples: I just want to say that we’ve always had an open door to the developers
too. If they want to and come talk to us some more without a war we are willing to talk to
them and work our issues out.
Joe: OK’ Thank you.
George Bonner: My name is George Bonner and I live on Hyacinth Circle South and
I’ve been there a long time. I would like to thank the City for maintaining the canal
behind our house back there. The wild life is starting to come back and that’s a good sign.
The problem I have is that nature is going to reclaim this canal because the bank on the
left side is too steep to be sustained. Every time I see a City truck go down or kids on
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
bicycles that thing is going to collapse. So I don’t have a solution but I think there is a
situation here that someone needs to know how to fix and take a look at.
The second thing that’s on my agenda tonight is as I hear the citizens here tonight it just
reinforces what I’ve thought for a long time, Joe and you and I have talked about it. I
think it’s time for a change in the City Charter. If we get the City Charter changed what
is currently happening and what the residents of the City want to happen, it is really hard
to change the City Charter. Once that gets approved an election is not going change how
many streets we have paved and how many square houses we have and so on and so on.
Joe Russo: Well we do have a Charter review commission established this year and we
are going to have some discussion with the City Council at our retreat on how we are
going to do that. This is something that it is time to do and you also made a comment
one time on districting. We are going to look at all of that. I know we’ve had these
discussions with you and we have to make sure that all the voices are heard in the City.
And I also wanted to say that George is also a former Mayor of the City and we welcome
you and thank you for coming.
Bob Kaplan: I’m Bob Kaplan I live at 102 Windward Drive. I want to address two
different thoughts that have been brought together both in my mind. I will start by saying
it’s obvious that that most everyone here in this discussion with you having to do with
beautification and trees and so on. That’s obviously the common denominator of all
questions. Lauren kicked this off by saying and I was part of working on that, and a
couple of people on the council and obviously the vision was put in place because we had
a deed plan and part of the deed plan said what belongs on what type of property, what
kind of density, zonings and so on and it’s not specific zoning but it’s what belongs
where. I wanted to joint that thought with the Gentleman in front of me with the subject
concerning for a long time and that’s the subject of mitigation or more importantly off-
site mitigation. I don’t understand the legal ramifications. Is offsite mediation? Most
people, I think you know what that means right. Instead of keeping trees and or open
land in the next phase you can put it some place else. To me, I don’t know whether that’s
a legal requirement that you must offer that or some option that the zoning that the City
Council has to offer if someone requests it but it indicates if this was a business you
would call it it loop hole. When you have vision to put X design in location A and you
find a way to circumvent that by taking that X and placing it someplace else where it
probably isn’t as needed. You simply found a loop hole around the situation that you
decided to grow here and you wanted to keep. I have a concern about off-site mitigation
almost all the time. And since some of you know me, I can do negatives with a positive
with it, perhaps you can think of putting some guideline in place that says if off site
mitigation were to be approved it must be within X distance of where you are doing the
mitigation. So that for example if you had trees downtown and you can off site mitigate
1/8 mile away you can preserve the intent in this particular area. I don’t know whether
this is legal or not but it certainly is a positive way of saying you don’t want to throw
10
1
@:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ;:
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
away the concept off site mitigation. There is no sense of putting it 6 miles away. That
defeated the purpose of where you started.
Joe Russo: That loophole is only a mitigation issue and it has to be approved by the
Council in order to provide off-site. So I just wanted to clarify that.
David Levy: The EPA has a program where if you mitigate you don’t mitigate one to
one, you mitigate 5 to 1. Maybe we can set up some type of program where if you want
to mitigate outside and you have a valid reason then instead of giving you one acre for
one acre you have to give us 3 acres for 1 acre. The other way I think is financial. I’m
making up numbers here $1000, 00 per acre property for $10,000 per acre property.
Joe Russo: Then that’s a step we will look at when we go forward.
Eric Jablin: I didn’t want the opportunity to go by because some statement was made
before about the off-site mitigation when it came to Legacy Place. That all that land went
out to Bee Line. It didn’t. It went to Parcel 5A the 10 acre to serve as a buffer between
Plat 4 and the road frankly that we are talking about now, Kyoto Gardens Drive. I thought
it was a good swap because it was very close diagonally, right across the street from
where it was taken and I just wanted to correct that because there was a statement made
that it went out to Bee Line Highway but it didn’t. It stayed in the City and it serves now
as a buffer. So that’s what I wanted to get on the record.
Tina - My name is Tina ???? and I live in Horseshoe Acres. I’m not here to say I’m
against Christ Fellowship I attend there and when they first developed to the west of my
house by one house and that goes to the south. And we thought it was going to be 3 story
condominium at one point in time and I was please. But so much has changed. I attend
the church, I love the church but I am very concerned for my neighbors because they tell
me that hey hear it at all different of the day and night and it’s not just on Saturdays or
Sundays anymore. I am representing my community on the west side of our body and the
south side their south campus and part is loud now and my fear is with the new
development going on across the street what could they build behind us or next to us as
well because it keeps getting bigger and bigger. I mean, has been hard for us to be there
because it’s been crowded for years and with the kids playing my kids can’t go to sleep
because we hear kids on the campus all the time. I’m not against the ministry, but I need
a buffer, I needs some kind of noise barrier and also now on Sunday’s when I sit on my
back porch, it’s not all your fault, the hurricane affected me terribly, there are cars that
are all backed up. I used to sit there in my night gown and now it’s all backed up on
Wednesdays and Saturdays and Sundays. When we bought these properties we thought
we were going to be rural and I’m not against progress but when he said he we can’t stop
them but we can shape them I hope you will consider that when we bought acreage we
had a place for our kids to play. We can’t bicycle on the sidewalk any more we the speed
limit is 50 miles per hour. A boy was killed right in my backyard right before Christmas.
As a neighborhood, there is nothing commercial on North Lake Blvd. until you get to
Military Trail. There are beautiful sidewalks but people can’t jog, run or anything.
11
1
2
3
4
5
6
7
8
9
0
11
12
13
14
15
16
17
18
19
20
21
22
23 0 ;;
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Joe Russo: Tina if I can. When it pertains to Christ Fellowship there are restrictions in
place and if they are not being enforced properly you need to let us know.
J If you can coordinate with our staff and get the restrictions. When they
were approved there were a number of restrictions put in place and I
believe both sides of the street and up for some type of an approval
process so when we look at that we will want to know all those
particulars.
Tina: Inside Horseshoe Acres, the South Campus, Citation Road, it’s a road back from
North Lake, it’s not even on North Lake and I will be at your next meeting on April 12
following up and representing the community because we are all being affected an awful
way.
Joe Russo: I think the 12‘h is probably with the Planning and Zoning and that’s the
beginning of the process. Eventually it does come to us. Thank You
John Little - Thank you my name is John Little. I’m one of the Board Members of
Horseshoe acres. I’m not going to talk to you about the wall issue because we’ve 2 prior
people that have touched on it however, I am happy tonight to have Commissioner
Marcus available because one of the issues that residents are complaining about is the
speed limit on North Lake Blvd. Currently the speed limit is 50 miles per hour and we
would like to see it reduced to a minimum of 45 if not 40 miles per hour. PGA Blvd. is
45 miles per hour I believe from Military Trail to the Turnpike and we would like to see
North Lake reduced from 50 to 45. If the speed limit is 50 people are doing 60 and 70.
The police dept. has no shortage of tickets on a regular basis. They sit at the daycare in
front I assume literally writing tickets left and right. It is not slowing people down. They
are coming over the bridge passed Steeplechase and passing our development. There are
a lot of elderly people who are passing from an intersection or coming from the Senior
Citizens Center and we have a percentage of our community who are getting up on age to
and slowing the speed limit down will enhance the quality of life with the communities in
our area. The other I would like to touch on is mosquito spraying. We have spoken with
the Public Works department several times to have mosquito spraying in our community
because we are aloud to have horses. That is one of the beauties of living in Horseshoe
acres. With horses mosquitoes are issues. We have asked to have the truck come in and
spray and they said we can charge you for it. It’s the residents feeling that they pay the
same taxes as any other person in the City and we feel we have the right to be sprayed for
mosquitoes because it’s a health issue, not because you .are spraying within a private
community. Whether you spray off of PGA and Military or whether you spray over
North Lake and Military its still and issue. A Mosquito flies around and it does carry
airborne illness that could affect us.
Joe Russo: Thank You.
Tom Sosey: If you are going to have a Town Hall meeting every 6 months they need to
have a purpose. The Residents of the City need to be involved. I’m not going to give
you any negatives tonight but I really think that you could have managed that a little
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
better. Let’s talk about Briger for a second. I challenge City Council to somehow
involved the residents of Palm Beach Gardens and especially the residents of San
Michelle to get involved in the decision making and planning process involved with
Briger. I don’t expect that this advisory committee is somehow formed and is allowed to
attend the City meetings they will exercise such decisions but I would like them to be
able attend the meeting and give their input and at least they could get back to the
residents on a first person basis and let them know what is going on. As well as possibly
give some direction. I believe Briger is going to be developed it’s just a matter of not
when but how it is going to be developed and the residents should be involved.
Joe Russo:
J Tom, if I could real quick, as you well know from the corridor meetings
you used to have an agenda of on going items and that’s what we are
going to do as we move forward.
The other thing when you were relating to the Briger Tract. The Council authorized me
to meet with the residents which I did two nights ago. We sat and talked about a number
of things for over two hours. I invited them to come in and meet with staff and we are
having a Planning Charette on May 9 for the Briger Tract to include all residents, not just
the residents of San Michelle. But I basically went down there and we had a great
discussion and I told them this is their opportunity to participate in the planning. They are
going to come in in about 3 weeks when the ORC report comes back. When we have the
May gth Charette is I believe at 6:OO in the evening on a Monday evening a1 1 the
residents can come and give there input as to what that should be. So we are trying.
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Iris Lambert: - Hello my name is Iris Sanders and I live on Lighthouse Drive. I have
question for Commissioner Marcus. I would like to know if you can tell me when you
will be continuing Congress Ave to A1A. Since we have Target coming, and Walmart
and I live on Lighthouse Drive and we are drowning in traffic
Joe: We will get back to you with that.
Iris Lambert: But what about the traffic in front of my house Joe?
Joe: I know but this isn’t Commissioner Marcus’ meeting so I feel awakened having
residents getting up and asking her that.
Iris: Don’t I deserve an answer?
Karen Marcus: I will answer that.
Joe: OK she will get with you after. My feeling is that on Lighthouse Drive we should
be addressing Lighthouse drive for traffic, beautification and so forth. I think that is the
only part of the City we should (interrupted by Iris)
13
~~
1 0:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 0 ;:
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Iris: I wish we would cooperate with Mrs. Marcus and perhaps we can solve this issue
sooner rather than later. So why don’t you be nice to her? (Laugh)
Joe: Karen I ‘m going to come over and wash your car. (Ha Ha) You are right we have to
be nice to Commissioner Marcus.
Linda Oliver: Good Evening, I’m Linda Oliver and I live at 10081 Ave of the PGA. I
know our police are out on PGA Blvd. a lot and I thank them for that. Many mornings I
leave and go out to PGA Blvd at 6:30 in the morning. I would say in the last 6 months I
have almost been killed at least three times by trucks and cars running the light at Central
and PGA intersection when they come off the Turnpike. Even later in the day people are
doing unbelievable mileage. They are speeding and running that light a lot. I suggest that
the City look into one of these lights that automatically photographs and gives tickets.
There is going to be a major killing at that intersection. With all of the huge construction
trucks, they have no regard for anyone. If they are in gear coming off the hill’from the
Turnpike heading east they don’t seem to care very much. As I said, I comment the
police, I see them on the corner. It’s not that they are not patrolling the area but it has
really become an issue.
Joe Russo: That’s an issue. The police chief is standing behind you.
J Maybe you can get with him later on and he can give you an update on
that?
Linda Oliver: They are there and they can’t be there 24 hours a day.
Joe Russo: I know we had looked at that camera thhg a while ago and there were
certain issues with it.
Woman (No Name) - They have built all these restaurants and shops right there and there
are so many more people walking on the sidewalks. You can’t have trucks go flying past
them. The people are walking around so much more now. You have to do something
about it.
Joe Russo: Thank You.
Gordon Douglas -I’m Gordon Douglas Winchester Courts. Not to beat the dead horse
but I think one of the thinks that has transpired since we’ve had our small committee get
together and oppose some questions we have had excellent communication. There was
some lack of communication and some feelings got hurt and thanks to what all of you
have done in one stage or another and Dan Clark the City Engineer and Mr. Wu, we have
opened the lines of communication and while nothing has been fully resolved we are
getting the kind of cooperation that make us feel better and we thank you for that. One
last twister, for heaven sakes, don’t issue a waiver for any building in project 5A, please
don’t issue a waiver for over 50 feet. Please don’t.
14
1 0:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 0 ;;
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Jerry Travers - My name is Jerry Travers and I live in Marlwood in PGA. If current
plans for PGA Blvd. go through and unless there are provisions for noise barriers we are
going to have one awhl mess in the past few years. There goes Palm Beach Gardens,
here comes Palm Beach City.
Joe Russo: Councilman Levy just brought up the point that we are working with the
County and Vice Mayor Jablin who serves on the NPO has been fighting to keep the
lanage on PGA Blvd. at 4 Lanes as opposed to six and I know you are working hard on it
and it’s the, I believe the 21St it’s coming back on the agenda.
Eric Jablin: Let me just also say that Commissioner Marcus has been extremely helpful
in that respect. She serves on the NPO as well. On the 21” we are having another
meeting and it’s on the agenda and I’m sure some of you will be there to express your
opinion.
Steve Tarr: I’m Steve Tarr, I’ve been a Palm Beach Gardens homeowner since 1982 and
I didn’t plan on speaking but I want to mention a couple of things that other people have
brought up. The first one is the Vision Plan. I don’t know if Lauren Furtado is still here
but at least in my version of the Vision Plan I didn’t see any downtown district with high
risers. I think what’s going on the last couple of years is not in the vision. Secondly, in
the Vision plan it involves the Vavrus property as residential rural. I believe it’s one until
per 20 acres. That’s in the vision plan and that’s what you spent all that time doing for 2
years of work I think you need to try and combine the vision plan with what you have
been doing.
To the gentleman that brought up the traffic study. Why the traffic is significantly lower
than what it really is, the answer is simple. The applicants hire consultants until they
make the traffic data to their benefit. In this particular City its either the staff in the City
is not qualified to analyze this data or they have some over riding force to ignore the data
and to ignore the fact that the traffic. I was for a few years on the Planning and Zoning
Commission and consequently questioned these kind of things like future land use
calculations. Why do we have all this construction? Basically for 2 years I questioned
those as a Commissioner of Palm Beach Gardens Planning and Zoning Commission and
was removed for not giving the rubber stamp that this council. It doesn’t seem that too
many people are doing anything about the traffic. I think that traffic is a big issue and it
affects us daily. What happens when Legacy Place, Borland Center, Downtown at the
Gardens are building up. I can’t image. It takes me 20 minutes to get from PGA National
to Timber Trace Elementary. It used to be 3 minutes. These things happen when traffic
studies aren’t done properly, when future land use changes are made when they shouldn’t
be and when waivers are given when there not justified. Speaking of waivers I know last
year David and Joe were up for re-election and were talking about waivers. I went to
many council meetings in the last year and I had a hard time finding you against waivers.
If you are going to say it, say it. If you are going to be against waivers and you are going
to make them tougher then do it, but don’t say it and do not do it.
15
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
Last thing, this is a question, I remember when I was on the Planning and Zoning
Commission, the Mirasol Publix we made a requirement that it could not open until PGA
was 4 lanes to Ryder Cup so it would go past but that didn’t happen. It’s still one way
going through and you end up with a bottle neck there from people turning into PGA and
wanting to go straight and I’m curious to why that happened. And lastly I’ve brought this
up many times, at what point and I really think the City is ready for this will they televise
the Council meetings so that anybody at all, people that have children could turn into
channel 20 just like Palm Beach County Council meetings and see what’s going on from
home.
Joe:
I have 2 quick comments. You know the County controls the traffic. Traffic studies are
done by the County and the County give a concurrency certificate for the traffic. Is that
not correct?
V‘ We will look into that television thing.
Steve Tarr: That’s correct however, the traffic study of what was needed for Scripps was
going to change the future land use designation in the City from mixed use to another
use. What happens is when Staff comes in and reports to you and I don’t know how
detailed you look at them, a lot of times the decision is based on either more trips or less
trips and they way the calculate that is why you get it approved. What’s the difference
let’s give it to them.
Joe: OK, You’re saying the process from the City side. OK, the main issue that relates to
the Mirasol Publix is, I want to be real quick with that, the problem with that was that
road was supposed to be built and then it was held off because of potential 4 or 6 lanes on
PGA Blvd. They redesigned it because of Scripps and that was going to potentially affect
us and that was the hold up and that was originally the plan. Thank you.
Hal: (JOKE) I just want to know what size your ?????? is. I’m amazed you got all these
comments. .. .. ... Lots of Laughter
Casey Steinbacher: Good Evening, I’m Casey Steinbacher, President of the North Palm
Beach County Chamber of Commerce. We have prepared for this evening a nine page
position paper but I would like to enter into the record (see Attached) and we would like
to have to opportunity to have some of the answers to these issues and talk to you in the
future about business related issues. Thank you for your time and we appreciate the
opportunity.
Joe: Thank You.
16
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
Lou Gaeta: Good Evening. My name is Lou Gaeta and I’m president, excuse me,
Chairman of the PGA Corridor Association and Vice Chairman the Council’s Economic
Development Board. I want to applaud the Council for taking the time to listen to
everybody all the citizens which naturally includes the business community. I feel I have
to remind some of us that this City was out in front about trying to figure out what we
need to do about economic development. ????? (a person’s name) and I co-chaired a
committee that worked with the State Department of Commerce when we used to have a
State Department of Congress and we found that roof tops consume about 7 times the tax
dollars in services than they provide in tax dollars. And that manufacturing and industrial
pays for properties for years, about 7 times the tax dollars than they consume in
government services. So every community needs a balance. We’ve been talking about
this since the early 80’s on the condition plan and we are talking about it right now on the
Council’s Economic Development Board. I think that we all need to have some kind of
balance because the fear that we all have is that when our community gets build out and
it’s all rooftops we are not going to be able to afford to live here. The rooftops that are
new but they are not making out 2 million dollars in services but in years down the road
that is not the case. I would like to extend this position to the Council from the
Committee saying we would like to have more input from the citizens on the issues that
widely mean one thing or another. Again, I applauded you for doing this and I hope we
can all benefit from the process.
Joe Russo: Lou, I’ll tell you what in the 80’s I don’t think anyone thought there would
be an Old Palm or a Mirasol. It is important for a vital community to have an economic
base. To have twelve month residents and twelve businesses and a place where our
children can work after they graduate from college. That’s very important. Those are all
the things that make a community what it is.
Jill - I’m Jill ??? and I live in PGA. Our issue is really with the closing Jupiter as an exit
to 95 all of the trucks that were mentioned earlier are not diverted to PGA Blvd. Is there
any information about what the time line is going to be or is there a way to handle it more
effectively than it is currently.
Joe Russo: Well we had the DOT. And as you might know they closed the Northlake
Blvd. entrance of 1-95 at the same time they were paving PGA Blvd. so people couldn’t
get off the road anywhere. So I know that dealing with the DOT is not easy at time.
J We can talk to them and try to get a time line and try and get back to
you.
It’s not the easiest in trying to deal with them because they have all these projects that
they are trying to play catch up with too. That’s why all the trucks are getting off on PGA
Blvd. because they can’t get off in Jupiter.
Tim Frohling: Good Evening, I’m Tim Frohling from the Isles. First I want to say
Thank you for coming here tonight. A couple of issues I would like to thank staff
because when ever I have dealt at any time with anyone in the City I have found nothing
but helpful people. They are very knowledgeable and the second would be hurricane
season. Last year there was a lot of confusion with neighborhoods and associations about
17
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
what the rules were. Possible we could get a committee together to get in contact with all
the associations in all the communities to make sure everyone is on the same page this
year and smooth the way.
Joe Russo: April 30, 6- 8 PM we are having a Hurricane meeting and having a
meteorologist here in this building. Come on back and we are going to try and get
everyone prepared.
Tim Frohling: Again, I put a lot of thought into this issue and that and anytime I can help
anywhere just ask.
Joe Russo: since there are people that are walking out I would like to thank every one for
coming.
Linda Hughey: I have lived in this City for 40 years, when we still had horses here. PGA
Blvd and North Lake Blvd. have become our thoroughfares, including Military Trail.
Instead of having businesses and developers contribute 1%,I think it’s one % of their
costs to Art in Public Places I would like you take that money and start a City wide
trolley or City wide transportation to stay in the City, to use that along our thoroughfares
on PGA and North Lake, Military, AlA, however you can square it off. I think the money
would be better spent. Most of our residents are getting older and it would be nice if they
could use transportation and not get around in traffic. It may make it easier from people
to get from point A to point B. Some of the traffic on PGA once the Turnpike exchange
on Northlake and the Bee Line opens, there should be a method where we can distract the
trucks and they don’t have to come across PGA unless they are making a delivery. The
other thing is, with all the residents that are here and are usually not at the City Council
the City has some things going on. There are programs in the City that residents need to
know about like the CIRC (?) program and Volunteer Police program. It’s a great way to
find out what’s going on in the City.
Eric Jablin: Thank you to Linda because you come to every City Council meeting and
you know what’s going on and I would encourage everyone to do the same because a
knowledgeable person is a happy person and resident. Let me comment on what Linda
said. I don’t think we should be taking the 1% away from Art in Public Places but I think
we should be looking at transportation. Actually Jody brought it up and we talked about
the idea of it and I think we ought to be looking at not substituting one for the other but
enhancing our transportation with something that will help City traffic. I don’t want to
take that away from Art in Public Places but we should be looking at transportation going
forward.
Joe Russo: Any other comments. Ok, from the bottom of all our hearts here, we you to
participate. This is your City you’ve got to come, you’ve got to talk to use. Basically
after tonight you put the ball back in our court.
J We will be issuing responses for all these issues. I would say we
probably are not going to give every one the response they want to hear
all the time but we are going to give you a response and we are going to
18
1 0:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
get back to you because that’s the way it needs to be. After we’ve
engaged you here tonight. I ask you to please stay engaged, stay
involved in the City. It’s very important for us all together. If you see
our logo that says growing together in the gardens, we developed that a
number of years ago. The whole idea is that the City grew and we are all
coming together. We are still going to grow, not as much as we have,
thankfilly but we need to do it together. We have a good start tonight
and it is going to continue. I believe we a meeting date set in June. I
don’t know the exact date yet but we are going to have another one of
these meetings. We will all ask questions, we will have staff here and
not to mention we meet every 1’‘ and 3‘d Thursday and it’s open to
public comment. You are welcome to come. And the other thing that
works is we all have telephones. We all answer our phone calls. We are
all available and that’s what we do for you and that we work for you.
So, I would like to thank you all for coming, thank the City Council.
19
North Palm Beach County Chamber of Commerce
Position Paper
For
The City of Palm Beach Gardens
Town Hall Meeting March 31, 2005
0
INTRODUCTION OF ALL BOARD MEMBERS PRESENT
The North Palm Beach County Chamber of Commerce
represents the business community in eight different political
jurisdictions in North Palm Beach County. The businesses we
represent are as diverse as the communities in which they
reside, including two cities, two Villages and four towns. But
one thing we will all quickly agree on ... the importance of our
community’s high quality of life. And in order to sustain this
high quality of life for all the residents of North Palm Beach
County, it is imperative that we focus on meaningful measures
directing at accommodating the demands of our growing and
diverse population.
1 I
I am here to speak to you on behalf of this diverse business
population. As different as we are, the issues of interest to the
business community here in Palm Beach Gardens are not that
different from all of Palm Beach County and southeast Florida
for that matter. They include, by way of example, land use
regulatory reforms, attainable workforce housing, traffic
congestion, integrated inter-modal mass transit, transit oriented
development for mixed uses, balancing the rights of property
owners with reasonable environmental protection, future water
supply, attaining a balanced portfolio of residential and
0
-
business usage and tax burden, an educational system that
produces a qualified workforce, an economic development
strategy that incents value added employment and the removal
of barriers that impede regional planning and collaboration to
maximize scare resources.
0
A daunting list at first glance. But in reality, none of these are
isolated issues. The interaction of each of these issues creates
either a vibrant community or a stagnant one. Let me illustrate
with an example.
1 I
Within a couple block radius of this very building one of the
City’s premier employers, Anspach employees over 200. They
0
have been qualified by the City as a value added employer,
providing an average salary required by the program in excess
of $48,000 per year. But, even if their employees were lucky
enough to have amassed at least $75,000 in their personal
savings account towards a down payment on a house, their
annual salary would have to be increased to one and half times
what they are currently making in order to qualify, under normal
-
and accepted financing practices, to purchase the average
house that sold in Palm Beach Gardens last year. 0
So, lets make the logical assumption that most won’t qualify.
They are now seeking housing solutions in Martin and Saint
Lucie County. And what has that done for us? It’s put more cars
on the road for longer periods of time thereby contributing to the
traffic congestion problem. It has put more children in Martin
County recreation and parks programs rather than the ones the
City has so proudly invested in.
- __ -- __ ~
__~~- ~-~ - ~~ - ~-- -
But let’s not stop there. We recently passed legislation in the
city providing for fast track permitting for businesses that create
value added jobs. Again, Anspach is our example. But as
Anspach fast tracked through the permitting process in the City
to add hundreds of additional good paying jobs to the
0
community, it quickly got stopped dead in its track because the
cities lack of available traffic capacity limited the companies
ability to get permitting at the volume of jobs it needed to meet
its expansion requirements. So the regulatory reform and the
incentives to value added jobs were negated by traffic
concurrency.
-
Now its not hard to see that businesses, like Anspach, will soon
start saying, if I can’t get permitting for the jobs I need, if my
employees have to live miles and miles away to be able to afford
a house, and productivity starts to suffer from long morning
traffic delays because there are no other integrated mass transit
opportunities, maybe I need to look at relocating my business.
Which only leads to a greater imbalance of the city’s land use
portf al io, w i t hg reater - tax burden s-p I aced on-remai n i n g -property - -
owners.
So with just one example we have illustrated the importance of
most of the issues enumerated earlier, and their dependence
upon each other for success.
The recently adopted motto of the City of Palm Beach
Gardens ... the place to live, play, learn an work ... needs to be
more than a motto if it is indeed going to be successful. This is a
unique time in the City’s life cycle. There are limited
opportunities to affect vacant parcels of land. The development 0
plans of these parcels must be viewed against their ability to
effectively meet the City’s goal of live, play, learn and work.
There are limited opportunities to address potential
redevelopment areas of the City right now, well before they need
to occur. These too must be viewed with these goals of the City
in mind.
We continue to move forward in our development of the
bioscience industry and Scripps here in North County. We must
proactively engage ourselves in understanding all the
ramifications of recruiting that industry segment. Does it bring
with it special needs and challenges and if so, what have we
done as a community to prepare for them? Many of these issues
go beyond the borders of the City. How do we engage our
neighboring communities to proactively participate in these
e
conversations with us?
So what really are we asking the Council to do? We are simply
asking for two things. First and foremost that you support the
concept that a healthy business environment is an equal partner
in the creation of a vibrant community. Secondly, that you allow
us to work together in a collaborative process to develop a
wholistic and strategic approach to address these issues.
Working with the North Palm Beach County Chamber of
Commerce, the City’s Economic Development Department and
the City’s Economic Development Advisory Board, a Community
Development Workshop could be produced to further engage
the business community. From this collective effort would come
the development of a community and economic development e
strategy that would address and integrate these issues for the
City of Palm Beach Gardens and its neighbors for the next ten
years and beyond. We stand ready to help in that endeavor in
whatever capacity Council should so deem appropriate.
We recognize that the City of Palm Beach Gardens does NOT lie
at the root of all the problems we have enumerated here this
evening. Nor do they lie at the solution of all of them either.
-
Where you do find yourselves however is in a very unique
position to exemplify the leadership and visionary thinking
necessary to LEAD North Palm Beach County and beyond to a
very suocessful and enviable position. ... that of long term
economic prosperity.
0
We thank you for the opportunity to address you this evening.
We commend you for reaching out to the business community
and want you to know our goal was simply to raise the issues
worthy of future discussion. We are committed to supporting
you in your quest for solutions as we move forward from this
evening .
ISSUE: Public Records Request (Page 2, Lines 8-16)
RESPONSE: Public records requests made of the City are governed by Chapter 119,
Florida Statutes. The City Clerk’s Department is charged with maintaining all City
records as prescribed by our Charter. One staff member in the Clerk’s Department is
dedicated to all records requests, and most are filled in five (5) days or less.
Requesting public information may be done via telephone (799.41 21), email
(sbelI@pbafl.com), our website (www.Pbqfl.com), or in person at City Hall during regular
business hours.
Our Public Information and Recording Coordinator reviews each request individually to
ascertain the nature of the request and what records are being requested. Many
requests can be filled by simply making a copy of a document; however, there are
requests that require review by the City Attorney to ensure that the records requested
are not exempt from Chapter I1 9. For example, certain information pertaining to Police
Officers and their families is exempt from public disclosure per Chapter 119 for their
safety given the nature of that work. There are literally hundreds of other exemptions
from the public records law. Violations of Chapter 119 do carry penalties prescribed by
law. Additionally, the City Attorney is called upon to review requests from other
attorneys and in cases where the items requested relate to pending or possible
litigation. Staff maintains that it is prudent to seek such a review of records requests in
order to ensure that state law is not violated.
The public is encouraged to make requests for public records via any of the means
listed above. In addition, should a member of the public desire to speak directly with
any staff member about the records (Le., the project manager of a growth management
project), a member of Clerk’s Department can provide that person’s telephone number
so that he or she may be contacted to schedule an appointment. This ensures that
adequate time is available for the review with the appropriate staff member so that the
resident’s time is not wasted.
TOWN HALL MEETING
MARCH 31,2005
Et
* *
El
ow Ej d
fififl fi
0 .d
h
ISSUE: Make the agendas for the City Council meetings and the Planning and
Zoning Commission meetings available to the public at the same time they are
available to the governing bodies. (Page 2, Line 20)
RESPONSE: City Council meeting agendas and Planning, Zoning, and Appeals Board
(PZAB) agendas are currently available to the public at the same time they are available
to the governing bodies, as follows:
Citv Council: A hard copy of the agenda, including all items and support materials, is
available for review in the City Hall Lobby at the front desk one week prior to the
meeting. The approved minutes from previous Council meetings are also available on
the website or from the City Clerk’s Department. Additionally, the entire agenda,
including all items and support materials, is posted on the City’s website at
www.pbqfl.com one week prior to the meeting. Interested parties may obtain an
electronic copy (on CD-ROM) or hard copy by requesting same from the City Clerk’s
Department. CD-ROM versions cost $1 per the City’s adopted Fees & Charges
Schedule, and hard copies are available at the rate per page as set by Florida Statutes
and adopted as part of the City’s Fees & Charges Schedule. Again, they may be
viewed at no charge at City Hall or on the website.
PZAB: A hard copy of the agenda, including all items and support materials, is
available for review in the City Hall Lobby at the front desk on the Friday prior to the
PZAB meeting, which is held on the second and fourth Tuesday. In addition, the
approved minutes from previous PZAB meetings are available on the City’s website or
from the City Clerk’s Department. The current Planning & Zoning Pending Schedule is
available on the website by clicking City Departments, Growth Management, Planning &
Zoning. The PZAB agenda is also posted on the website, along with the project
managerk name, telephone number, and email address so that those who have
additional questions or who wish to view project plans may contact him or her to
schedule an appointment.
To date, the entire PZAB agenda packet, including all items and support materials has
not been available on the website because of the size of the materials, both in actual
size (full plan sets) and volume. However, staff has set a target date of June 1, 2005, to
place a development application information chart on the website that will include links
to the applications (petitions) and staff reports with support materials on those proposed
projects. The location and project manager’s contact information will also be included
on the chart. The development application information will be posted on the website
every Friday when the pending schedule is updated, and the PZAB staff reports will be
posted on the website on the Friday prior to the PZAB meetings.
TOWN HALL MEETING
MARCH 31,2005
ISSUE:
meetings. (Page 2, Line 28)
Publish regularly scheduled meeting dates of all advisory committee
RESPONSE: The Calendar of Events on the City’s website at www.pbqfl.com includes
the meetings of all advisory boards and committees. The calendar’s filter will allow the
user to select “Boards, Committees and Public Meetings”, thereby displaying only those
events on the calendar. Then, the user may click on the name of the board or
committee to display meeting details, such as time, location, and description. In
addition, the date, time, and location of the meetings are posted outside of City Hall on
the bulletin board next to the main entrance of the building.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Return to workshop meetings to allow the council members to discuss
issues among themselves without violating “Sunshine Laws.” (Page 2, Line 24)
RESPONSE: The City Council considers and votes on a wide variety of matters. Most
of the decisions made by the Council are considered legislative or administrative
matters, such as the adoption of a budget ordinance or approval of a contract.
However, Florida law requires that the City Council consider certain land development
applications quasi-judicially. Rezonings, master plan approvals, site plan approvals, as
well as PUDs and PCDs are considered quasi-judicial matters.
Should Council desire to hold workshop meetings on quasi-judicial matters, it is staffs
recommendation that Council conduct those workshops with the procedural safeguards
of a public hearing. Additionally, staff recommends that Council adopt a policy for
workshop meetings for non-development order applications so that these meetings are
noticed and conducted in a consistent manner.
Attached is a memorandum from the City Attorney providing an update on the issue of
City Council workshops.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS
CITY ATTORNEY’S OFFICE
DATE: April 16,2006
TO: City Council
FROM:
RE:
Christine P. Tatum, City Attorney
Update on Workshops and QuasiJudicial Matters
Legal Issues
As we have previously discussed, there are some legal constraints placed upon cities in
the approval process for certain land development matters. The courts in Florida have
determined that the following must be reviewed in a “quasi-judicial” manner:
Rezoning ordinances
Master plan approval resoutions
PUD/PCDs approval resolutions
DRls development order resolutions
Site a p prova I resolutions
That means that the Council decision must be based upon the evidence adduced at a
public hearing. Notice must be given, the witnesses are sworn, and cross examination
is allowed.
Conversely, there are no legal constraints about conducting a workshop on any matter
which is not quasi-judicial. Comprehensive plan amendments (such as the Briger Land
Use Map amendment)and land development regulation text amendments (such as the
conditional use ordinance) are not quasi-judicial, and thus can be workshopped at any
time.
In response to your inquiries concerning the possibility of conducting workshops on land
development applications which are quasi-judicial (as opposed to Complan
amendments and land development regulations), I have reviewed the current case law,
and also consulted with several other jurisdictions regarding their processes. Based
upon my research, I believe that there is are processes that the Council can utilize
which will achieve both the goal of a less formal discussion session as well as the goal
of adhering to the court-imposed restrictions in such matters. 0
0 Background
Prior to 2003, the City had frequently approved both the rezoning of a piece of property
and the master plan with all conditions of approval through the adoption of one
ordinance (after two readings, one of which was a public hearing). An unintended
consequence of this process was that any proposed amendment to a condition of
approval, no matter how minor, required the adoption of an ordinance after two readings
by the City Council. In an effort to make the process more efficient, in 2003 the Council
began approving the rezoning by ordinance, and approving the master plan and
conditions of approval by resolution. (For example, Ordinance 43, 2004 and Resolution
21 7, 2004, attached hereto).
This has resulted in a process where the Council considers and votes upon the
rezoning ordinance at first reading, and votes upon the resolution at second reading of
the ordinance. The staff presents the “companion” resolution at first reading for
information purposes only.
Options:
1. At first reading of a Zoning Ordinance the Council could (on a case-by-case
basis) conduct a workshop discussion on the companion Master Plan Resolution,
An advertisement would be published and notices sent to affected persons,
giving notice of both the first reading of the Zoning Ordinance and the workshop
discussion of the Master Plan Resolution. Comments would be allowed from the
applicant and any interested citizens.
0
2. Quasi-judicial petitions (on a case by case basis) could be considered during a
workshop section of a regular meeting, or during a special workshop meeting,
with comments limited to staff presentation and City Council inquiries.
3. Additionally, the Council could consider adoption of an amendment to the Land
Development Regulations which would require all development to be presented
to a neighborhood meeting for comment prior to consideration by DRC. (A
sample format is attached)
Attach men t
c: Ron Ferris, City Manager
a \\Pbgsfile\Attorney\attorney-share\MEMOS\quasi update.doc
Proposed Neighborhood Workshop Concept
Neighborhood workshops. All applicants for any of the following shall hold a
neighborhood workshop prior to the DRC meeting :
(1) (2) Rezoning
(3) Major conditional uses;
(4) Street and right-of-way vacations;
(5) PCD and PUD applications
(6) DRI applications
(7)
Amendments to the future land use map
Amendments to the foregoing that require action by the City Council
The purpose of the neighborhood workshop shall be to inform the neighboring
residents of the nature of any proposed land use@), development features, site
plan and solicit comments. This requirement shall not mean that all owners or
tenants must attend such a meeting.
Notice shall be provided by mail at least 14 days prior to the date of the
neighborhood workshop to each owner of record of any land within 500 feet of
the property for which the development approvals are sought and to
neighborhood associations who have registered with the office of the city clerk to
receive notice. The notice shall include at a minimum the following: the
applicant's name and telephone number, the street address of the site with a
small identification map, a clear explanation of what the applicant is proposing
and the date, time and location of the meeting. The city manager may
promulgate administrative regulations setting forth guidelines pertaining to any
additional requirements for the conduct of the workshop.
01
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
ORDINANCE 43,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO REZONING;
REZONING A PARCEL OF LAND CONSISTING OF 7.60 ACRES,
MORE OR LESS, LOCATED SOUTH OF PARCEL 58,
IMMEDIATELY NORTH OF THE NORTHCORP PCD, EAST OF RCA
BOULEVARD, AND WEST OF THE FEC RAILWAY, AS
DESCRIBED MORE PARTICULARLY HEREIN, FROM A
RESEARCH AND LIGHT INDUSTRIAL PARK (MI) ZONING
DESIGNATION TO A MIXED USE PLANNED UNIT DEVELOPMENT
(MXD/PUD) OVERLAY WITH AN UNDERLYING ZONING OF MIXED
USE (MXD), TO BE KNOWN AS GARDENS STATION; REVISING
THE ZONING DISTRICT MAP; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS] the City of Palm Beach Gardens received an application (PUD-04-
15) for a rezoning to a Mixed-Use Planned Unit Development (MXD/PUD) with an
underlying zoning designation of Mixed-Use (MXD) for the approximately 7.60-acre site,
generally located south of Parcel 58, immediately north of the NorthCorp Planned
Community Development (PCD), east of RCA Boulevard, and west of the FEC railway,
which lies within the municipal boundaries of the City of Palm Beach Gardens, as more
particularly described herein; and
WHEREAS] the subject site is currently zoned Research and Light Industrial (MI)
and has a land-use designation of Mixed-Use (MXD); and
WHEREAS, the Growth Management Department reviewed said petition and
determined that it is sufficient; and
WHEREAS, on April 8,1999, the City Council approved a waiver from the Mixed-
Use land-use residential component requirement for Gardens Station (Parcel 30.03);
and
WHEREAS, the Planning, Zoning and Appeals Board held a public hearing on
October 12, 2004, and has recommended approval of the rezoning to the City Council
with a vote of 6-1; and
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
~~~ ~ ~~~
Date Prepared: Odober 28,2004
Date Prepared: October 28,2004
Ordinance 43,2004 01
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 .;a 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
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 and Palm Beach County review agencies and
staff; and
WHEREAS, the City Council has determined that the adoption of this Ordinance
is in the best interest of the citizens and residents of the City of Palm Beach Gardens,
Florida; and
WHEREAS, the City Council has determined that this Ordinance is consistent
with the City’s Comprehensive Plan based on the following findings of fact:
I. The proposed Mixed-Use Planned Unit Overlay rezoning is consistent with
the Future Land Use designation of Mixed-Use.
2. The proposed rezoning is in harmony with the general purpose and intent
of the Comprehensive Plan and is compatible with the intensity and
density of the surrounding existing and future land uses.
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 City Council of the City of Palm Beach Gardens, Florida hereby
approves the rezoning of the parcel of land, as more particularly described below, from
a zoning designation of Research and Light Industrial (MI) to a Mixed-Use Planned Unit
Development (MXD/PUD) Overlay with an underlying zoning designation of Mixed-use
(MXD):
LEGAL DESCRl PTlON
LAND DESCRIPTION: TRACT A AND TRACT B
TRACT A
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST PALM BEACH COUNTY, FLORIDA; DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF RCA PARK, AS
RECORDED IN PLAT BOOK 83, PAGE 63 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FL0RIDA;THENCE 88°08’18” WEST, ALONG THE NORTH LINE
OF SAID PLAT OF RCA PARK, A DISTANCE OF 506.30 FEET; THENCE NORTH
01°50’34” EAST, A DISTANCE OF 356.19 FEET;THENCE SOUTH 88O08’18” EAST, A
DISTANCE OF 407.81 FEET TO A POINT IN THE WEST LINE OF THE F.E.C.
RAILROAD RIGHT-OF-WAYiTHENCE SOUTH 13’36’46” EAST, ALONG SAID WEST
2
Date Prepared: October 28,2004
Ordinance 43,2004
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 .E 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
LINE A DISTANCE OF 369.59 FEET TO THE POINT OF BEGINNING.
CONTAINING 162,799 SQUARE FEET (3.737 ACRES, MORE OR LESS).
TRACT B
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST AND SECTION I OF TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF RCA
PARK, AS RECORDED IN PLAT BOOK 83, PAGE 63 THROUGH PAGE 64 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 88O08’18 W,
ALONG THE NORTH LINE OF SAID PLAT OF RCA PARK, A DISTANCE OF 586.30
FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SAID NORTH LINE OF
THE PLAT OF RCA PARK THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1. N 88O0818” W A DISTANCE OF 308.47 FEET; 2. N 88O10’56” W A DISTANCE OF
217.18 FEET TO A POINT IN THE EAST LINE OF RCA BOULEVARD; THENCE N
10°13’44” W, ALONG SAID EAST LINE A DISTANCE OF 194.30 FEET; THENCE S
88O08’18” E A DISTANCE OF 178.00 FEET THENCE N OO50’34” E A DISTANCE OF
166.36 FEET; THENCE S 88O08’18” E A DISTANCE OF 388.29 FEET; THENCE S
0°5034” W A DISTANCE OF 356.19’ TO THE POINT OF BEGINNING.
CONTAINING 168,257.225 SQUARE FEET OR 3.863 ACRES, MORE OR LESS.
SECTION 3. The City Manager is hereby authorized and directed to make
appropriate changes on the zoning district map of the City to effectuate the purpose of
this Ordinance.
SECTION 4. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant’s agent(s) at any workshop or public
hearing.
SECTION 5. This Ordinance shall take effect immediately upon adoption.
(The remainder of this page left intentionally blank)
3
... ..
Date Prepared: October 28,2004
Ordinance 43,2004
01
2
3
PASSED this IF day of EJW~VUCW
PASSED AND ADOPTED this 16” day of m M
,2004, upon first reading.
,2004,upon
4 second and final reading.
5
6
7 CITY OF- BEACH GARDENS
8
9
10
11
12
13
14
15
16
17
18
19
20
21
Hal R. Valeche, Councilmember
25 ATTEST:
26
27
-
28
29 BY: /’Q
30 ’ Patricia Snider, City blerk
31
32
33 LEGAL SUFFICIENCY
34
APPROVED AS TO FORM AND
FOR AGAINST ABSENT
J
35
36
37 BY:
38 Christine P. Tatum, City Attorney
39
40
41
42
43
44
45 46 G:\attorney-share\ORDlNANCES\gardens station - ord 43 2004.doc .”’
4
-
01
2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
a
d:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Date Prepared: November 18,2004
RESOLUTION 21 7,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY, KNOWN AS THE “GARDENS STATION”, LOCATED
SOUTH OF PARCEL 58, IMMEDIATELY NORTH OF THE
NORTHCORP PCD, EAST OF RCA BOULEVARD, AND WEST OF
THE FEC RAILWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO ALLOW THE DEVELOPMENT OF 15,075 SQUARE
FEET OF GENERAL COMMERCIAL USE, 17,550 SQUARE FEET
OF MEDICAL USE, 47,200 SQUARE FEET OF PROFESSIONAL
OFFICE USE, AND 2,500 SQUARE FEET OF FINANCIAL USE;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 7.60-ACRE
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 City has received an application (PUD-04-15) from Mr. Jim
Griffin of John C. Bills, Inc., on behalf of PGA Development Associates, Inc., for master
development approval to allow the development of 17,550 square feet of medical office
use, 47,200 square feet of office use, 15,075 square feet of commercial use, and 2,500
square feet of financial use on an approximately 7.60-acre parcel of land, known as
“Gardens Station”, generally located south of Parcel 56, north of RCA Boulevard, east
of Loehman’s Plaza, and west of the FEC Railway, as more particularly described
herein; and
WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit
Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, the Planning, Zoning and Appeals Board reviewed said planned unit
development (PUD) petition at its October 12, 2004, meeting and recommended its
approval by a vote of 6-1 ; 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
Date Prepared: November 18,2004
Resolution 217,2004
.l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 6; 4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
WHEREAS, the City Council has determined that adoption of this Resolution is 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 Master Development Plan application of Mr. Jim Griffin of John
C. Bills, Inc., on behalf of PGA Development Associates, Inc., is hereby APPROVED on
the following described real property to permit the development of 17,550 square feet of
medical office use, 47,200 square feet of office use, 15,075 square feet of commercial
use, and 2,500 square feet of financial use on an approximately 7.60-acre parcel of
land, known as “Gardens Station”, generally located south of Parcel 5B, north of RCA
Boulevard, east of Loehman’s Plaza, and west of the FEC Railway, as more particularly
described herein, subject to the conditions of approval contained herein, which are in
addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
LAND DESCRIPTION: TRACT A AND TRACT 6
TRACT A
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF RCA PARK, AS
RECORDED IN PLAT BOOK 83, PAGE 63 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FL0RIDA;THENCE 88O08’18” WEST, ALONG THE NORTH LINE
OF SAID PLAT OF RCA PARK, A DISTANCE OF 506.30 FEET;THENCE NORTH
01O50’34” EAST, A DISTANCE OF 356.19 FEET;THENCE SOUTH 88O08’18” EAST, A
DISTANCE OF 407.81 FEET TO A POINT IN THE WEST LINE OF THE F.E.C.
LINE A DISTANCE OF 369.59 FEET TO THE POINT OF BEGINNING.
RAILROAD RIGHT-OF-WAYiTHENCE SOUTH 13O36’46” EAST, ALONG SAID WEST
CONTAINING 162,799 SQUARE FEET (3.737 ACRES, MORE OR LESS).
TRACT B
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST, AND SECTION 1 OF TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF RCA
PARK, AS RECORDED IN PLAT BOOK 83, PAGE 63 THROUGH PAGE 64 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 88OO8’18W,
2
Date Prepared: November 18,2004
Resolution 217,2004
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 6:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
ALONG THE NORTH LINE OF SAID PLAT OF RCA PARK, A DISTANCE OF 586.30
FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SAID NORTH LINE OF
THE PLAT OF RCA PARK THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1. N 88O0818” W A DISTANCE OF 308.47 FEET; 2. N 88O10’56” W A DISTANCE OF
217.18 FEET TO A POINT IN THE EAST LINE OF RCA BOULEVARD; THENCE N
10O13’44” W, ALONG SAID EAST LINE A DISTANCE OF 194.30 FEET; THENCE S
88O08’18” E A DISTANCE OF 178.00 FEET THENCE N OO50’34 E A DISTANCE OF
166.36 FEET; THENCE S 88O08’18 E A DISTANCE OF 388.29 FEET; THENCE S
OO50’34” W A DISTANCE OF 356.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 168,257.225 SQUARE FEET OR 3.863 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following five (5) waivers:
1.
2.
3.
4.
5.
Section 78-581 , entitled “Natural Resources and Environmentally Significant
Lands,” to allow for 100% of offsite mitigation.
Section 78-344, entitled “Stacking Distance,” to allow for a reduction in the
required 100-foot stacking distance at both entrances to the “west” site and
“east” site.
Section 78-31 9(2), entitled “Minimum Landscape Buffer,” to allow for an
overlapping of easements by more than five (5) feet for required landscape
buffers for the east, west, and south landscape buffers.
Section 78-1 57(h)(7), entitled “Mixed-Use PUDs,” to allow for a signage
package to be submitted as a separate application.
Section 78-344(L)(I), entitled Parking Stall Width,” to allow for 9.5-foot wide
parking spaces on the “west” site only.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the applicant, its successors, or assigns: ‘
Enaineering
1. The applicant shall copy to the City all correspondence to and from
regulatory agencies regarding issues on the project, including furnishing
copies of all permit applications, certifications, and approvals. (City
Engineer)
01
2
3
4
5
‘6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 4; 4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Date Prepared: November 18,2004
RESOLUTION 21 7,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY, KNOWN AS THE “GARDENS STATION”, LOCATED
SOUTH OF PARCEL 5B, IMMEDIATELY NORTH OF THE
NORTHCORP PCD, EAST OF RCA BOULEVARD, AND WEST OF
THE FEC RAILWAY, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO ALLOW THE DEVELOPMENT OF 15,075 SQUARE
FEET OF GENERAL COMMERCIAL USE, 17,550 SQUARE FEET
OF MEDICAL USE, 47,200 SQUARE FEET OF PROFESSIONAL
OFFICE USE, AND 2,500 SQUARE FEET OF FINANCIAL USE;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 7.60-ACRE
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 City has received an application (PUD-04-15) from Mr. Jim
Griffin of John C. Bills, Inc., on behalf of PGA Development Associates, Inc., for master
development approval to allow the development of 17,550 square feet of medical ofice
use, 47,200 square feet of office use, 15,075 square feet of commercial use, and 2,500
square feet of financial use on an approximately 7.60-acre parcel of land, known as
“Gardens Station”, generally located south of Parcel 5B, north of RCA Boulevard, east
of Loehman’s Plaza, and west of the FEC Railway, as more particularly described
herein; and
WHEREAS, the subject site has been rezoned to a Mixed Use Planned Unit
Development (MXD PUD) with an underlying zoning of Mixed Use (MXD); and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, the Planning, Zoning and Appeals Board reviewed said planned unit
development (PUD) petition at its October 12, 2004, meeting and recommended its
approval by a vote of 6-1; 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
.l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 d:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 .““
Date Prepared: November 18,2004
Resolution 21 7,2004
WHEREAS, the City Council has determined that adoption of this Resolution is 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 Master Development Plan application of Mr. Jim Griffin of John
C. Bills, Inc., on behalf of PGA Development Associates, Inc., is hereby APPROVED on
the following described real property to permit the development of 17,550 square feet of
medical office use, 47,200 square feet of office use, 15,075 square feet of commercial
use, and 2,500 square feet of financial use on an approximately 7.60-acre parcel of
land, known as ”Gardens Station”, generally located south of Parcel 58, north of RCA
Boulevard, east of Loehman’s Plaza, and west of the FEC Railway, as more particularly
described herein, subject to the conditions of approval contained herein, which are in
addition to the general requirements othewise provided by ordinance:
LEGAL DESCRIPTION:
LAND DESCRIPTION: TRACT A AND TRACT B
TRACT A
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF THE PLAT OF RCA PARK, AS
RECORDED IN PLAT BOOK 83, PAGE 63 OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FL0RIDA;THENCE 88°08’18” WEST, ALONG THE NORTH LINE
OF SAID PLAT OF RCA PARK, A DISTANCE OF 506.30 FEET;THENCE NORTH
01°50’34” EAST, A DISTANCE OF 356.19 FEET;THENCE SOUTH 88O08’18” EAST, A
DISTANCE OF 407.81 FEET TO A POINT IN THE WEST LINE OF THE F.E.C.
LINE A DISTANCE OF 369.59 FEET TO THE POINT OF BEGINNING.
RAILROAD RIGHT-OF-WAYiTHENCE SOUTH 13’36’46” EAST, ALONG SAID WEST
CONTAINING 162,799 SQUARE FEET (3.737 ACRES, MORE OR LESS).
TRACT B
BEING A PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE
43 EAST, AND SECTION 1 OF TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM
BEACH COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE PLAT OF RCA
PARK, AS RECORDED IN PLAT BOOK 83, PAGE 63 THROUGH PAGE 64 OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE 88O08’18WI
2
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 e:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Date Prepared: November 18,2004
Resolution 21 7,2004
ALONG THE NORTH LINE OF SAID PLAT OF RCA PARK, A DISTANCE OF 586.30
FEET TO THE POINT OF BEGINNING; THENCE ALONG THE SAID NORTH LINE OF
THE PLAT OF RCA PARK THE FOLLOWING TWO (2) COURSES AND DISTANCES:
1. N 88O0818” W A DISTANCE OF 308.47 FEET; 2. N 88O10’56” W A DISTANCE OF
217.18 FEET TO A POINT IN THE EAST LINE OF RCA BOULEVARD; THENCE N
10O13’44” W, ALONG SAID EAST LINE A DISTANCE OF 194.30 FEET; THENCE S
88O08’18” E A DISTANCE OF 178.00 FEET THENCE N OO50’34” E A DISTANCE OF
166.36 FEET; THENCE S 88O0818 E A DISTANCE OF 388.29 FEET; THENCE S
OO50’34” W A DISTANCE OF 356.19 FEET TO THE POINT OF BEGINNING.
CONTAINING 168,257.225 SQUARE FEET OR 3.863 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following five (5) waivers:
1.
2.
3.
4.
5.
Section 78-581 , entitled “Natural Resources and Environmentally Significant
Lands,” to allow for 100% of offsite mitigation.
Section 78-344, entitled “Stacking Distance,” to allow for a reduction in the
required 100-foot stacking distance at both entrances to the “west” site and
“east” site.
Section 78-31 9(2), entitled “Minimum Landscape Buffer,” to allow for an
overlapping of easements by more than five (5) feet for required landscape
buffers for the east, west, and south landscape buffers.
Section 78-1 57(h)(7), entitled “Mixed-Use PUDs,” to allow for a signage
package to be submitted as a separate application.
Section 78-344(L)(l), entitled Parking Stall Width,” to allow for 9.5-foot wide
parking spaces on the “west” site only.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the applicant, its successors, or assigns:
Enqineering
1. The applicant shall copy to the City all correspondence to and from
regulatory agencies regarding issues on the project, including furnishing
copies of all permit applications, certifications, and approvals. (City
Engineer)
2. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 e;
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
3.
4.
5.
6.
7.
8.
9.
Date Prepared: November 18,2004
Resolution 217,2004
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide surety for public infrastructure
and all landscaping and irrigation costs. The required surety shall be based
on a cost estimate for the project, including public infrastructure and all
landscaping and irrigation costs for review and approval by the City in order
to establish surety. The cost estimate shall be signed and sealed by an
engineer and landscape architect registered in the state of Florida. Surety
will be based on 110% of the total combined approved cost estimates and
shall be posted with the City prior to the issuance of the first building permit.
(City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a cost estimate for the on-site
project improvements, not including public infrastructure, landscaping, and
irrigation costs for review and approval by the City. The cost estimate shall
be signed and sealed by an engineer and shall be posted with the City prior
to the issuance of the first building permit. (City Engineer)
The applicant shall comply with all Federal EPA and State of Florida
Department of Environmental Protection NPDES permit requirements,
including, but not limited to, preparation of a stormwater pollution prevention
plan and identification of appropriate Best Management Practices, as
generally accepted by the Environmental Planning Agency (EPA) and/or
local regulatory agencies, for construction activities, submission of a Notice
of Intent to EPA or their designee, implementation of the approved plans,
inspection and maintenance of controls during construction, and submission
of a Notice of Termination. (City Engineer)
Prior to issuance of the first land alteration permit, applicant shall submit
signed, sealed, and dated construction plans (paving, grading, drainage,
and water and sewer) and all pertinent calculations directly to the City
Engineer for review and comment. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall schedule a pre-permit meeting with City
staff. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a separate pavement marking and signage plan for review and
approval. (City Engineer)
The applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in PBC Traffic Division equivalency and
concurrency approval letters. (City Engineer)
4
Date Prepared: November 18,2004
Resolution 217,2004
.l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 6:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Landscaoinq
10. The applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within the adjacent road shoulders within
the portions of RCA Boulevard and the north/south thoroughfares adjacent
to the Property. (City Forester)
11. 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 RCA Center Property Owners Association, its
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)
12. All RCA Boulevard right-of-way landscaping and the RCA Boulevard 20-foot
landscape buffer shall be installed within six (6) months of the issuance of
the clearing permit. The Growth Management Administrator shall be
authorized to grant a one-time, three (3) month extension to this
requirement upon demonstration by the applicant of a good-faith effort to
satisfy the same in a timely manner. (City Forester)
13. All northlsouth road right-of-way landscaping shall be installed within six (6)
months of the issuance of the clearing permit. The Growth Management
Administrator shall be authorized to grant a one-time, three (3) month
extension to this requirement upon demonstration by the applicant of a
good-faith effort to satisfy the same in a timely manner. (City Forester)
Police
14, Lighting shall not conflict with landscaping, including long-term tree growth.
(Police Department)
15. All lighting for streets, 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 and shall be lit at a
minimum of 0.6-foot candles. (Police Department)
16. Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police Department)
17. Entry signage shall be lighted. (Police Department)
18. Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police
Department)
5
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Date Prepared: November 18,2004
Resolution 217,2004
19. Numerical addresses shall be illuminated for nighttime visibility and be
unobstructed; have bi-directional visibility from the roadway; and be placed
at the front and rear of each business. (Police Department)
20. 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 180-degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police Department)
21. Prior to the issuance of the first building permit for vertical construction, the
applicant shall work with the Police Department to develop a high-resolution
color digital closed-circuit security surveillance system with monitoring and
photo printout capabilities to be located on the bank site only. (Police
Department)
Plannina and Zoning
22.
23.
24.
25.
Within thirty (30) days of this approval, the applicant shall revise the
landscape plan and provide the same landscape pallet along the entire
southern property line, east of the future northlsouth road, as provided with
the Hilda Flack project (a.k.a. Lot 2 of RCA Park of Northcorp PCD) to
prevent conflicts with the drainage easement. (Planning & Zoning)
All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning)
Prior to the issuance of the first building permit, the Property shall be
platted. (Planning & Zoning)
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 to ensure compliance with the City's
Nonresidential Mixed Use Planned Unit Development intensity measures.
(Planning & Zoning)
6
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
East Building (one-story)
Commercial use: 12,450 square feet
On first floor and 2,625 square feet on
second floor
Medical use: 17,550 square feet
Office use: 1,700 square feet on
second floor
Total square footage: 34,325
Date Prepared: November 18,2004
Resolution 217,2004
West Building (four-story)
Office use: 45,500 square feet
Financial use: 2,500 square feet
Total square footage: 48,000
26. The four-story building located west of the north/south road shall not contain
any medical or commercial uses, unless the site plan is revised to comply
with the applicable parking requirements and traffic concurrency. (Planning
& Zoning)
27. The approved uses for the Gardens Station Planned Unit Development shall
consist of the following: administrative services, construction offices,
certified public accountant, interior design, landreal estate development,
insurance office, attorneys, real estate, engineers, department stores, home
furnishings, home improvement, florist, printing, dentist, electrolysis,
physician, medical office, veterinarian, banks, mortgage lender, mortgage
brokerage, stock brokerage, and restaurant. Any proposed use that
contains a higher parking and/or traffic ratio than the approved traffic
concurrency for this project will require an updated traffic equivalency and
parking demand study be conducted and approved by the City Engineer
before issuance of an occupation license. (Planning & Zoning)
28. Within ninety (90) days of this approval, the applicant is required to have
City Council approval of the proposed offsite mitigation petition. (Planning &
Zoning)
29. In the event that off-site mitigation for at least 1.5 acres is provided through
a conservation easement and the underlying property is sold to the South
Florida Water Management District or other entity, the petitioner,
successors, or assigns shall be responsible for paying the City $1 10,000 for
money in lieu of off-site mitigation within ninety (90) days of the sale date.
(Planning & Zoning)
7
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 4:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
30.
31.
32.
33 I
Date Prepared: November 18,2004
Resolution 217,2004
Within thirty (30) days of City Council approval and prior to the issuance of
the first building permit, the applicant shall provide a Traffic Equivalency
Analysis identifying the revised allocation of uses for approval by Palm
Beach County. In the event the Equivalency Analysis is not approved by
the County, the applicant shall revise the allocation of uses and, if
necessary, the site plan to provide for some actual two (2) story space of
retail uses in the eastern building fronting the street. (Planning & Zoning)
Prior to issuance of the first building permit, the applicant is required to
comply with the Art in Public Places requirement by depositing an amount of
money equal to the art fee into an escrow account or make a payment in
lieu thereof. The Art in Public Places Advisory Board shall review and make
a recommendation to the City Council on any proposed art on site. All art
shall be completed and installed prior to the issuance of the Certification of
Occupancy. (Development Compliance)
Should a financial institution use not occur on the west parcel, as proposed,
the applicant may submit an Equivalency Analysis to provide for additional
second floor area in the eastern building. The specific use and square
footage shall be subject to the approval of the Equivalency Analysis by Palm
Beach County and an Administrative Amendment by the Growth
Management Department. The use shall be consistent with the approved
list of uses for the subject PUD. (Planning & Zoning)
Within thirty (30) days of City Council approval, the applicant shall submit a
cross-access easement agreement, in a form acceptable to the City
Attorney, with the property owner for the Parcel 5B property to the north.
The easement agreement shall provide for the right of use, construction,
and maintenance of the shared vehicular access from RCA Boulevard, as
well as of the vehicular connections between the two (2) parcels, and shall
include provisions for cost recovery. The costs for constructing and
maintaining the access from RCA Boulevard shall be equally shared by
Parcel 5B and the subject property. Said agreement shall be recorded in
the Public Records of Palm Beach County within ninety (90) days of the
effective date of this Resolution.
Miscellaneous
34. 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,
Development Compliance Officer)
8
-
01
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 6: 25
26
27
28
29
30
Date Prepared: November 18,2004
Resolution 217,2004
35. Prior to the issuance of the first Certificate of Occupancy, 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,
unless an association is not formed. (City Attorney)
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
1. Sheets 1 through 8: Site Plan and Landscape Plan, prepared by Cotleur
Hearing, last revised on December 13,2004, and received and stamped by
the City on December 14,2004.
2. Gardens Station East architectural plans, Sheets A-1 through A-4, prepared
by William Beebe, received by the City on November 2,2004.
3. Gardens Station West architectural plans, Sheets A-1 through A-5, prepared
by William Beebe, received by the City on November 2,2004.
4. Gardens Station Amenities Plan, prepared by Cotleur and Hearing, one
sheet total.
SECTION 6. Said approval shall be consistent with all representations made by
the applicant or applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
1
2
0
Date Prepared: November 18,2004 Resolution 217,2004
PASSED AND ADOPTED this /6* day of -, 2004.
3
4
5
6
7
8
9
10 ATTEST:
CITY OF PALM_BEeCH GARDENS, FLORIDA
BY:
W
11
12
13 BY:
14 - 15 -
16
17
18 LEGAL SUFFICIENCY
APPROVED AS TO FORM AND
19
20
21 BY:
25
26
27 VOTE:
28
29 MAYOR JABLIN
30
31 VICE MAYOR RUSSO
32
33 COUNCILMEMBER DELGADO
34
35 COUNCILMEMBER LEVY
36
37 COUNCILMEMBER VALECHE
38
39
40
41
42
43
44
45
AYE- NAY ABSENT
/ ---
/ ---
/ ---
J ---
\\pbgsfile\Attorneybttorney-share\RESOLUTlONS\gardens station - reso 217 2004.doc
10
ISSUE: Provide the public with the proposed development orders at the time of
public hearing and read into the record any changes to the development order
then require the applicant to accept all conditions of the development order.
(Page 2, Line 41)
RESPONSE: Proposed development orders are currently available to the public for
review upon request and as a part of the agenda for the Planning, Zoning and Appeals
Board (PZAB) and the City Council. Any and all discussion on the proposed
development order at these meetings, including any proposed changes, is recorded and
becomes part of the official record. Any changes to the final development order
approved by the Council will be reflected in that document. Conditions placed upon the
applicant by the City are incorporated into the final development order and once
approved by Council, are enforced by the Growth Management Department.
Prior to placement of an item on a PZAB or Council agenda, the staff works with the
applicant to ensure to the greatest extent possible that the conditions of approval are
accepted by the applicant. There are, however, situations when an applicant disagrees
with a condition of approval that staff and Council feel is essential to protecting the
health, safety and welfare of the citizens. The City Council has the ultimate authority to
impose such reasonable conditions to ensure that the project’s impacts are mitigated
appropriately even if the applicant does not agree.
If staff is proposing a modification to a development order on the agenda, the proposed
amendment is submitted in writing to the City Clerk. The City Clerk distributes the
proposed amendment to the Council members prior to the meeting
The meeting agendas clearly state that all presentation materials, including proposed
amendments to a development order, must be received by the City Clerk prior to the
presentation to the Council; however, not all presenters do so. Additionally, a limited
number of copies are often supplied to the Clerk, requiring City staff to duplicate the
materials for other staff members and the public, which can be problematic if the
meeting is underway. Staff will continue to remind applicants to submit presentation
materials and any proposed amendments prior to the start of the meeting and in
sufficient supply so that all members of the public desiring a copy may obtain one.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Hold quarterly staff meeting on budget. (Page 3, Line 2)
RESPONSE: The Finance Department has been presenting Quarterly Financial
Reports to the City Council and the public since 2002. The intent of these reports is to
better inform not only the Council, but the public as well, throughout the year, of our
financial position by comparing actual results with the adopted budget, and taking
corrective actions as appropriate. The goal is to provide optimum fiscal responsibility
through open disclosure in a public forum. The reports are public records, and
interested parties may purchase or review a copy by contacting the City Clerk's office.
Following are the dates of the presentations of the Quarterly Financial Reports to the
City Council since 2002:
February 7,2002 (Ist quarter FY 2002)
June 6,2002 (2nd quarter FY 2002)
August 15,2002 (3" quarter FY 2002)
April 10,2003 (Annual audit report for FY 2002 & 4th quarter FY 2002)
May 15,2003 (Ist & 2"d quarter FY 2003)
August 21 , 2003 (3rd quarter FY 2003)
April 1 , 2004 (Ist quarter FY 2004, annual audit report for FY 2003 & 4'h quarter FY 2003)
June 17,2004 (2nd uarter FY 2004)
April 7, 2005 (1 st quarter FY 2005)
August 19,2004 (3' TI quarter FY 2004)
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Disclose the application of any new tax dollars ... last year there was $6
million new dollars and no explanation of where it was spent. (Page 3, Line 3)
RESPONSE: In FY 2005, property tax revenue increased $4.9 million from the
previous fiscal year. These dollars were not earmarked for a specific purpose; instead,
they were included in the overall General Fund revenue projections to be allocated in
accordance with the approved budget as adopted by City Council. The budget does
include a discussion of significant factors and assumptions relating to personnel,
operating, and capital costs as well as a schedule of revenues and expenditures by
department for a four-year period for comparison purposes.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Carefully review all capital expenditures and prepare and annually review
a capital improvement program. (Page 2, Line 7)
RESPONSE: The City’s Capital Improvements Program (CIP) is reviewed and
updated annually with the preparation of the annual operating budget. The CIP consists
of one-year and five-year programs, outlining significant capital improvements and
projects scheduled for the next five fiscal years. For at least the last ten years, the City
has prepared a CIP budget; however, under the existing Finance Department
Administration, the CIP has been prepared and adopted along with the annual operating
budget in accordance with generally accepted accounting practices.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Return control of the agenda to the Mayor (Page 2, Line 23)
RESPONSE: On March 24, 2004, staff submitted a report to City Council on the
Council-Manager form of government as currently set forth by the City Charter and
Code of Ordinances. As directed by Council, staff addressed the agenda-setting
process and provided the following information:
The agenda generally is prepared by the City Clerk’s Department, based on information
and reports provided by staff, which are reviewed and approved as an administrative
matter by the City Manager. Neither the Charter nor the Code formally gives the Mayor
or Council the authority to make the final determination and placement of items on the
agenda prior to a Council meeting. In the past, this was done as a matter of practice.
There are several issues raised by this practice:
I. It is contrarv to the conceDt of five equal Council members. Each council
member has an equal voice and vote. Therefore, one member should not
perform the role of setting the agenda.
2. The function of settinq the aqenda is an administrative process and not
policvmakinq. To be consistent with the City Charter, which defines the Council-
Manager form of government in the City, it is appropriate to allow the City
Manager to set the agenda as an administrative task, and then as a matter of
policy to allow each Council member an equal opportunity to discuss and take
action on the agenda itself (i.e., make any changes, additions, deletions). This
also ensures consistency with the Sunshine Law because such actions would be
taken by Council in an open public forum, upon a majority vote during the
meeting.
3. There is a potential for violating the due process rights of those conducting
business with the City. To ensure Council policies are formulated in strict
conformance with law and procedure, it is effective for the City Manager to
finalize items as they appear on the agenda and for the Council during the
meeting to decide as a body and as a matter of policy whether or not to postpone
or remove them.
The above information and recommendation to Council was discussed and approved by
Council on April 1, 2004. The support materials attached to this response contain the
sections of the full Council-Manager Form of Government Report, including the
executive and briefing summaries, and detail on the agenda-setting process. In
addition, attached is a copy of the minutes from the April 1, 2004, City Council meeting,
which includes discussion on how the agenda-setting process would occur. As a matter
of practice, Council members receive copies of the agenda document in draft form as
they are being prepared through the City Clerk’s Department. When there has been a
question regarding whether items are a matter of policy or administration, the City
Manager has been placing such items on the agenda for Council action.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/1/04 4
RESOLUTIONS :
Resolution 99.2004 - Opposing Senate Bill 1712 and House Bill 1 161. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida opposing Senate Bill 171 2 and House Bill
1161; and providing an effective date. Councilmember Clark made a motion to approve
Resolution 99, 2004. Councilmember Delgado seconded the motion, which carried by
unanimous 5-0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Appointment of Council Liaisons to Internal, External and SDecial Proiect Advisow
Boards/Committees and Ormnizations - Consensus was obtained for appointment of staff
member liaisons to internal boards. City Manager Ferris announced those appointments would be
brought back by staff. The following liaisons were agreed upon: Intergovernmental Issues -
Liaison David Clark and Alternate Liaison Councilmember Delgado; Loxahatchee Coordinating
Council Liaison David Levy; Municipal League Designated Voting Member Ron Ferris; North
County Governmental Liaison Mayor Jablin; Northlake Boulevard Task Force Liaison Mayor
Jablin and the other appointee Mr. Wu, and to keep other staff appointees to the Task Force the
same; Seacoast Utility Authority City Manager Fems; and MPO (Metropolitan Planning
Organization) Liaison Councilmember Clark, with Mayor Jablin as alternate. Consensus was to
make the Budget Oversight Committee a regular committee, which would be brought back and
codified. Gardens United was discussed and the City would keep in touch with them. Blue
Ribbon Committee had been dissolved. Economic Development Oversight Committee would
also be brought back and codified. GNA (Gardens Neighborhood Association) and Municipal
Complex Art Task Force had been sunseted. The Education Advisory Board would be brought
back for revamping for another year.
Setting the Agenda - Mayor Jablin reported he had been responsible for setting the agenda, but
had no problem relinquishing that task. The City Manager and staff would now set the agenda.
Mayor Jablin requested meetings not extend more than four hours. Councilmember Russo
stressed operating should be under the Council Manager form of government and that staff
should not go out on their own and the whole Council should act together, and no one should act
out of their purview. Manager Ferris indicated if there was a question regarding his
determination between policies and administrative, he would place the item on the agenda. A
directive from the Council should be received before staff time was used on requests from
individual Councilmembers; however, staff would provide research for presentation materials. A
position should not be taken by one Councilmember without consulting the whole Council.
CITY ATTORNEY REPORT:
The City Attorney announced she and the City Clerk had prepared a handbook which had been
given to each member of the Council and would be distributed to each board and committee
member. The handbook explained the Sunshine Law, voting, and would serve as a guide to local
government.
CITY OF PALM BEACH GARDENS
_MEMORANDUM
TO: Mayor and Council
DATE: March 24,2004
THROUGH: Ron Ferris, City Manage
FROM:
SUBJECT:
Sheryl Stewart, Assistant to City Manager
Report on Council-Manager Form of Government I
This is to provide for your review the attached report which staff was directed to research
and prepare concerning the roles and relationships among the Mayor, Council and City
Manager under the Council-Manager form of government as currently set forth by City
Charter and Code of Ordinances. As requested, the report includes recommendations to
Council regarding:
1. The agenda-setting process;
2. City advisory boards and committees, including the council liaison system and the
board process.
Staff is available to schedule individual meetings to discuss this report at your earliest
convenience. This is important because appointments of council liaisons to city advisory
boards, committees and organizations is usually addressed according to past practice
during the post elections organizational meeting of Council, which will occur on April 1,
2004.
Attachment
Report to City Council on the Council-Manager Form of Government
a
During the City Council meeting on June 19, 2003, staff was directed to review
the roles and relationships among the Mayor, Council and City Manager under
the current council-manager form of government set forth by City Charter, and
bring back recommendations to Council regarding the following areas:
1. Agenda-setting process: Review and discuss the roles of the Mayor,
Council and City Manager as it relates to how the agenda is set prior to
versus during council meetings.
2. City Advisory Boards and Committees:
This report is
I. Executive
Review the council liaison as a system the way it is currently
conducted and written in Ordinance. Discuss the advantages and
disadvantages of having council liaisons and make
recommendations as to what the specific role should be;
Review the board process as a whole. Discuss the purpose of our
advisory boardskommittees as written in Ordinances, and make
recommendations on how the process could improve.
organized into the following sections:
Summary
Page
1
II. Briefing Summary 2-6
Ill. Current roles and relationships of Mayor, Council and City Manager
V. City advisory boards and committees
7-10
IV. Agenda-setting process 'J. 11-12
A. Review of council liaison system 13-1 6
B. Review of board process as a whole 16-21
C. Recommendations 21-23
The reader will find several core principles that have been repeated in this report
in order to provide a consistent explanation regarding the council-manager form
of government and how it applies to the agenda-setting process, council liaisons
and the city's advisory boards and committees. Those core principles are:
The separation of policymaking.~md administrative roles ensures consistency
and accountability, and protects council from the potential or perception of
liability. 1
All council members are equal (one person, one vote) and kept equally
informed.
Effective citizen involvement in the governing process.
I
Executive Summary
Executive Summary of Council-Manager Form of Government Report
Implications for the roles of mayor, council and city manager:
0
0
0
0
0
0
Council’s role as chief policymaker is enhanced by a manager responsible and accountable to execute and
administer its policies. They form a cohesive policymaking and management team. (pgs. 7-8)
Council should issue directives and make requests as a unified body directly to the manager. (pgs. 8-9)
Maintains strict separation of responsibilities between policymaking and administration. (pgs. 8-1 0)
Each council member has equal access to information. (pgs. 9-10)
Contrary to the concept of keeping all five council members equal. (pg. 12)
Agenda-setting is an administrative process not policy. (pgs. 11-12)
Potential for violating the due process rights of those conducting business with the city. (pg. 12)
Issues raised by mayor setting agenda prior to council meetings:
Council Liaisons:
Pros:
0 Gives citizens a sounding board to express political issues and broader community views. (pg. 14)
Citizens involved in the governing process. (pg. 14)
0 Needed for external boards dealing with intergovernmental matters. (pg. 16)
0 Contrary to the concept of keeping all five council members equal and informed. (pg. 14)
0 Diminishes purpose for citizen advisory boards. Separates politics from board discussions. (pg. 14)
0 Time consuming and duplicates the efforts of staff. (pgs. 14-15)
0 Conflicts with council-manager form of government. (pg. 15)
Code allows council to dissolve a board if (pg. 17)
Cons:
Dissolving a board:
0
o It is no longer needed to meet its purpose, or purpose has been served
o Acts outside the scope of responsibilities
o A decision has been made by council
o No resources to support the board
o Appears to serve political interests
Member appointments and qualifications -
0
Recommendations by staff regardinp advisory boards and committees:
0
o Qualifications should be clearly defined in the code. (pg. 21)
o Staff should proactively advertise board vacancies to maintain a pool of qualified interested
volunteers. (pg. 21)
o For internal and special project boards, staff should conduct recruitment process and make
appointment recommendations to council for final selection as a body. (pg. 22)
o Boards enabling legislation and information should be together in one article of the code. (pg. 22)
o Boards should have standardized operating procedures to ensure consistency. (pg. 22)
o State definition of board and committee in the code. (pg. 22)
o Formal orientation process should be a requirement for all board members to have clear purpose
of their roles and responsibilities. (pg. 23)
o Review purpose and duties of boards to updatacode to reflect changes and current issues, such as
P & Z Commission to establish parameterdcriteria for architectural review. (pgs. 18,23)
Performance -
o Dissolve Education Advisory Board. Its purpose is no longer clear, and members have expressed
desire to disband. (pgs. 18, 23)
o Sunset GNA/Neighborhood Program Meetings and Gardens United as a city facilitated
committee; continue issue-driven community public meetings. (pgs. 19-2 1 , 23)
o Establish by resolution or ordinance Economic Development Oversight Committee and Budget
Oversight Committee. (pg. 21)
Organization and operation -
Briefing Summary
Briefing Summary of the Council-Manager Form of Government Report
I. Current roles and relationships of mayor, council and city manager
0.
The city charter provides that the city operates according to the council-manager form of
government. The current roles and relationships of the mayor, council and city manager as stated
in the current charter and code of ordinances are on the attached chart. Council’s role as a body
is that of chief policymaker and the city manger’s role is that of chief executive and
administrator who implements policies established by council.
Practical implications for the roles of mayor, council and city manager:
One of the underlying elements of the council-manager form of government is that council
members are expected to focus on policymaking rather than the day-to-day operations and
administration of the city. Mayor, council and city manager comprise a policy-development and
management team. As such, council’s role in providing political leadership is strengthened and
supported by a professional city manager who has the executive and administrative
responsibilities necessary to effectively and efficiently carry out council policies.
The council should issue directives as a unified body to the city manager.
While council may contact department heads, for example, to request information of a
routine nature, council should make such requests and channel all communications,
administrative and operational issues directly to the city manager to ensure
accountability.
The city charter provisions delineate the separation of responsibilities between
policymaking and administration. These provisions are in place for the council’s
protection from personal liability or the perception of liability for acting outside their
official legislative responsibilities.
A fundamental feature of the council-manager form of government is that each council
member has equal access to information.
0
11. Agenda-setting process
Currently, council meetings are conducted according to an agenda generally prepared by the city
clerk, based upon information and reports provided by staff which are reviewed and approved by
the city manager. Neither the city charter nor the code of ordinances formally gives the mayor or
council the authority to place items on the agenda prior to a council meeting. Currently, as a
matter of practice the mayor makes the final determination regarding what goes on an agenda
prior to the council meeting. However, based on staffs research of other local municipalities,
Palm Beach Gardens is the only one in which the mayor finalizes the agenda.
There are several issues raised by the practice of having the mayor set the agenda prior to council
meetings:
It is contrary to the concept of five council members remaining equal (one person, one
vote). Each council member has an equal voice and vote. Therefore, one member should
not perform the role of setting the agenda.
2
It is CI
and th
an a&
city TI
policy
agend
vote d
There
the ci
procel
durinl
whet1
Briefing Summary
Dntrary to the council-manager form of government set forth by the city’s charter,
erefore opens up potential for the mayor to be held personally liable for performing
ninistrative function. A more appropriate way to handle the process is to allow the
imager to set the agenda as an administrative function, and then as a matter of
allow each council member an equal opportunity to discuss and take action on the
a itself in an open public forum, consistent with the Sunshine Law, upon a majority
luring the meeting.
is a potential for violating the due process rights of those conducting business with
ty. To ensure that council policies are formulated in strict adherence to law and
dure, the city manager should finalize items as they appear on the agenda, and then
g the council meeting allow the council to decide as a body and as a policy matter
ier or not to postpone or remove them.
111. City Advisory Boards and Committees
A. Review of the council liaison system: The current Code of Ordinances (Chapter 2,
Article III, Section 2-86) defines the role of liaison as one who assists the board in setting
goals and objectives to ensure that all applicable codes and laws are adhered to.
However, some cities do not have council liaisons due to the open meeting requirements
of the Sunshine Law which also apply to appointed advisory boards, committees or task
forces because they discuss city matters.
1) Advantapes to having council liaisons:
0
As the elected officials, they can provide a political perspective regarding issues
facing the city.
Gives citizens a sounding board to express political issues and broader views.
Citizens become involved in the governing process.
2) Disadvantages to having council liaisons:
It is contrary to the concept of five equal and informed council members.
Having one council member serve as a liaison to various boards means that
he/she will have more information than the other council members regarding
matters addressed by those boards. A more appropriate way to inform them is
during a council meeting or public hearing process when council has the
benefit of receiving the same information from all parties. Decisions will be
less impacted by discussions that may occur outside of council meetings.
It diminishes the purpose for citizen advisory boards, which is to provide
recommendations to and assist the council with issues of concern in the city,
according to the Code of Ordinances (Chapter 2, Article 111, Section 2-81).
Even though the code indicates that the liaison is not supposed to participate
in board discussions, the presence of a liaison at board meetings could shape
board members’ comments and inhibit their overall productivity and
effectiveness. Without a liaison present, the members will have more ability
to discuss matters objectively.
It is time consuming and duplicates the efforts of staff. The code indicates
that it is the chairperson who serves as the official spokesperson for the board
3
I
Briefing Summary
and the formal liaison between the board, council and city administration.
Therefore, it is more appropriate for the chairperson to also give
recommendations to the council. Each internal and special project board has
at least one staff member who ensures that the work of the board gets done.
Council members often do not have the time or the information necessary to
perform the role of liaison today. In practice, therefore, the process becomes
time-consuming and inefficient for staff to update the liaison about the board.
The council liaison system conflicts with the council-manager form of
government as it operates in the city organization todav. To be consistent
with the delineation of policymaking and administrative roles, the city’s
advisory boards should be allowed to function independent of council. By
combining staffs professional knowledge with board members’
understanding about the community, council is able to obtain a more complete
and objective picture concerning the recommendations and information on the
issues and policies brought to them. This strengthens citizen participation and
involvement as well as council’s policymaking role.
3) External boards: Unlike the city’s internal and special projects boards, those boards,
committees and task forces external to the organization which require elected
officials’ participation should be served only by council liaisons and not by staff
members.
B. Review the board process as a whole: The code states that boards are established to
provide recommendations and assist the council with issues in the city. However, the
code also states that council may dissolve a board if council determines that it is no
longer needed to meet its purpose, unless the board is established by city charter.
Although advisory boards and committees are important, they may not be appropriate if:
(a) they lose sight of a specific, clear purpose or when their purpose has been served and
goals have been met; (b) when they act outside the scope of their responsibilities; (c)
when a decision has already been made by council; (d) when there are no adequate
resources to support the board; and (e) when they appear to serve political interests.
C. Recommendations regardinp the city’s advisory boards: Staff looked at several
elements to discuss how the board process could become more effective, and to make
suggestions regarding certain boards:
1) Member appointments and qualifications:
a. Membership qualifications should be clearly defined and followed for each
board in the code to ensure an adequate group of volunteers serve on boards.
Some cities prepare job descriptions or profiles which clearly state the
council’s expectations regarding the board’s purpose, membership
qualifications desired and meeting attendance.
b. Some boards demand a great deal of time and effort on the part of its
members, and as a result, many resign or do not wish to be reappointed.
Therefore, it is recommended that staff proactively advertise vacancies on
boards.
4
Briefing Summary
c. To standardize a consistent approach to board membership selection and
approval, it is recommended that staff conduct the recruitment process for the
city’s internal and special project boards. Staff could obtain and review
member applications based upon objective criteria and applicant interviews,
and then submit a list of appointment recommendations to council who would
make final selections as a body.
2) Organization and op.eration:
a.
b.
C.
d.
e.
Descriptions about the boards are currently located in various sections
throughout the code of ordinances. Staff recommends gathering all of the
boards’ enabling legislations into one article in the code, consolidating the
information and making all of their operational aspects consistent. Following
the general requirements section, each board could have its own section within
this article which states its purpose, powers, duties and all other matters
specific to it.
Boards should function with standardized procedures, regarding
appointments, removals, attendance, term limits, open meeting rules, and
other provisions such as membership and leadership positions.
This revised article of the code could also state the definition of a board and a
committee, and clarify which advisory boardskommittees are considered
“standing” or permanent, created through ordinance and which are temporary,
created through resolution.
Staff suggests making orientation a formal process as well as a requirement
for all members to serve on a board. This will ensure that they are equally
trained and have a clear understanding of the purpose for the boards on which
they serve.
Staff suggests that the purpose and duties of some boards may need to be
reviewed, updated or clarified within the code to reflect changes that have
occurred over time and current issues facing the city.
b The Planning and Zoning Commission (P & Z) performs several
functions as one body: Local Planning Agency; Board of Zoning
Appeals; and Land Development Regulation Commission. The
compositions, duties and authority of the Site Plan and Appearance
Review Committee were not carried forward into the new code
adopted in 2000. As a result, P&Z performs architectural and
appearance review but without the previous standards. Therefore, it is
recommended that the current code should be amended to establish the
parameters and criteria for architectural review.
3) Performance:
a. One of the significant findings of staffs study is the importance of having
specific duties and responsibilities clearly defined and approved by council for
each board, regardless of whether it is permanent (internalhtanding) or
temporary (special project). As referenced on pages 17 - 20, once a board has
fulfilled its purpose or is no longer needed to meet the purpose for which it
5
Briefing Summary
b.
was created, it may be dissolved. This authority is provided to the council in
Chapter 2, Article 111, Section 2-93 of the code. > One board that may be dissolved as it currently exists is the Education
Advisory Board. Its purpose is no longer clear. Also, this board has
had difficulty meeting quorum requirements to conduct meetings and
recently members have expressed a desire to disband.
Staff recommends setting a timetable to sunset both GNALNeighborhood
Program Meeting and Gardens United. Staff has observed a shift in focus of
these boards away from the specific purpose for which they were established.
Based on feedback, a more effective approach is to focus community meetings
on specific issues as well as implement a Speaker’s Bureau. It is further
recommended that Gardens United operate independently and not as a city
facilitated committee.
c. There are two special project boards that have been functioning without any
formal authority given by council. The Budget Oversight Committee and
Economic Development Oversight Committee were organized to provide
citizen input with the budget process and to advise the city regarding business
recruitment and expansion efforts. Staff suggests that if council wishes to
maintain these groups, then like other standing city advisory boards they
should be established by resolution or ordinance within the city code, with
council-approved members and a defined scope of work.
Conclusion
Should Council approve of the recommendations contained within this report concerning the
agenda-setting process, council liaisons and city advisory boards, staff could prepare for
subsequent council consideration the necessary ordinances andor resolutions to implement the
new or revised policies, procedures or directives.
6
Roles and Responsibilities in the Council-Manager Form of Government *
Responsible for day-to-day
decision making in the
administration and operations
of the city, independent of
council. This includes the
management, supervision
and performance of
departments and employees.
Keeps council informed on
critical issues and decisions
concerning city
administration / operations.
Advises and makes
recommendations to council
on policies and all citv affairs.
Executes, implements
policies set by council.
Prepares, submits annual
budget to council;
administers council-approved
budaet.
~ ~~~~~ Appointed by and serves at
the pleasure of council.
Responsible as a body to
make policy decisions and to
adopt ordinances, which are
official legislative acts that are
regulatory and enforceable as
local laws.
Appoints, directs, reviews
performance of the city
manager on the basis of
executive and ad minis trative
qualifications and
accom pl ish men ts .
Focuses on policymaking
unencumbered by the
executive and administrative
responsibilities of the city
manager; deals with
employees solely through the
citv manaaer.
Sets the city's tax rate and
approves annual budget.
Establishes financial policy
and set priorities.
Each member is elected by the
citizens; each member has an
equal voice and vote in city
council proceedings.
Currently makes appointments
as a body to citizen advisory
boards/ committees; may serve
as liaison to same in a
nonvoting capacity.
Appoints and removes city
manager, city attorney, city
enaineer and citv auditor.
council meetings.
Recognized as the head of
city government for all
ceremonial purposes.
Focuses on policymaking
rather than the day-to-day
administrative duties of the
city manager.
City official designated to
represent the city in other
governmental meetings.
Has one voice and one
vote in city council
proceedings.
** Sets the agenda for
council meetings.
*As currently specified by the City of Palm Beach Gardens City Charter, Article Ill, Section 3-1 (Form
of government), Article VI, Section 6-1 (City manager), Article IX, Section 9-1 (Powers and duties of
the mayor), and the Code of Ordinances, Chapter 2, Article Ill, Section 2-82 (Establishment of boards)
and Section 2-86 (Role of council liaison).
** This is a current practice which is not specified by city charter or ordinance.
Detailed Report
The City of Palm Beach Gardens’ City Charter specifies that the city operates
according to the council-manager form of government. As shown on the
attached chart, the current roles of council, mayor and city manager are specific
and based upon a fundamental definition. As a legislative body, city council
members set policies and appoint a city manager who is responsible for
executing such policies and handling the day-to-day administration and
operations of the city. This form is distinguishable from other forms of
government because it combines the political leadership of officials elected by
the citizens to make decisions which represent the community’s interests, with a
professional manager selected by the officials based solely upon professional
qualifications, knowledge, training and experience. As a result, the management
of city business is removed from politics, and the city manager is able to make
decisions independent of council in an objective, unbiased, non-political manner.
In addition, elected officials, who are not responsible for handling administrative
and operational matters, can focus their time and energy on policymaking and
determining community needs.
Under the council-manager form of government as defined by the charter, the
mayor is recognized as the ceremonial leader or head of the government. A
principal responsibility is to serve as the presiding official who facilitates council
meetings. A current practice of the mayor has been to finalize items or issues
which appear on the agenda prior to council meetings. The agenda-setting
process will be addressed further in Section IV of this report. Another mayoral
role is to attend intergovernmental meetings or events, and like other council
members to provide reports on such activities during council meetings. However,
it is important to emphasize that each council member, including the mayor, has
an equal voice, an equal vote and an equal access to information through the city
manager.
0
As described above, council’s role as a body is that of chief policymaker and the
city managerk role is that of chief executive and administrator. For these roles to
function efficiently and effectively under a council-manager form of government,
the council and city manager often work collaboratively. With input from the city
manager, council focuses on policies related to the city’s goals, major initiatives,
and long-term issues such as growth, land use development, capital
improvements and strategic planning. The city manager is responsible for the
day-to-day decision making concerning the city’s administration and operations,
provision of programs and services, for keeping council informed of critical issues
and for providing technical information and recommendations. However, only
council can make laws and establish policies based upon which the city manager
provides the administrative leadership to implement such policies, analyze their
impacts and make adjustments if necessary. As a result, mayor, council and
manager form a policymaking and management team.
7
Detailed Report
For example, one of the most important tasks for council each year is to review
and approve the budget. The city manager knows the status of the city’s
finances, personnel and projects and is expected to work within the limits set by
council through the budget. As the budget is prepared, however, the city
manager often presents options for council to consider. The city manager also
keeps the council informed concerning new demands or improvements to
services and the impact on operations and costs regarding such services. While
the city manager advises and makes recommendations, the council makes the
final decision as to whether to make changes to levels of service and provides
direction accordingly. Priorities and policies set through this cooperative effort
enhances council’s effectiveness as the community’s legislative authority.
As the city has grown, so have the issues related to such growth and the
importance of adhering to role distinction between policymaking and
administration. Some examples of the complex challenges related to growth
include dealing with development, land use and zoning, traffic, compliance with
state and federal laws, economic development, public safety, information
technology, labor and personnel, and planning for when we are “built out.” With
access to resources and control of staff, the city manager can work on finding the
best solutions to offer council based upon current information, professional
expertise and objective judgment. As a result, council is protected from frequent
public perception that important decisions are being made on the basis of
political favoritism or support, for example, to appease those who make
campaign contributions. In the end, council is in a better position to make sound,
unbiased policy decisions, and politics is kept out of administrative decisions. 0
Ramifications of when the roles breakdown
Under the council-manager form of government, the council’s ultimate authority is
to determine how well the city is operating and performing as an organization,
and to evaluate the city manager accordingly.
As indicated on the attached chart, one of the fundamental elements specified in
the city’s charter is that council members are free to focus on policymaking
unencumbered by the executive and administrative responsibilities of the city
manager. Further, the charter requires that council deal with city employees
solely through the city manager. In practice, this means that councilk role as a
governing body is strengthened and supported by a manager who has the
administrative responsibility to carry out council’s policies. It also means that
council should issue directives as a unified body through the city manager. While
council may contact department heads, for example, to request information of a
routine nature, council should make such requests and channel all
communications, administrative and operational issues directly to the city
manager to handle. The reasons are as follows:
8
Detailed Report
I. The city manager is being held responsible and accountable to ensure
that council members get the proper answers and information, or
recommendation in a timelv manner and in accordance with council policv.
Responsible for the daily administration and operations of departments,
the city manager has a better understanding of employees’ work programs
and how much time and resources are needed to adequately respond to
council, Staff understands that they work through the city manager. Since
employees work at the direction of the city manager, anytime a council
member does not follow this chain of authority there is confusion and
friction in the administrative structure. Continuing this practice could
undermine the relationship between council and city manager if
employees think it is acceptable to by-pass the city manager. 1
2. It violates the citv charter provisions which delineate the separation of
responsibilities between policvmakinq and administration. These
provisions are in place for council’s protection. One of the important
benefits of the council-manager plan is that it offers council protection from
personal liability or the perception of liability for acting outside their official
legislative responsibilities. When acting within their lawful authority as
policymakers, generally council members are not individually or
collectively liable for the consequences of ordinances they adopt. When
acting administratively or failing to do so when the law requires it, there
may be legal, personal, financial and/or political consequences.2 On the
subject of directly making requests or giving instructions to employees
without going through the city manager, there have been cases where
council members have been found in violation of the city’s charter, which
constituted legal grounds for a recall election to remove them from ~ffice.~
This was due to persistent and repeated violations of the council-manager
form of government which requires that council members refrain from
interfering with administration.
Furthermore, once council has directed an issue to the city manager to
work on and bring back for its action, council members should not allow
themselves to get involved in the issue until it is placed on an agenda for
council meeting. They should allow the administrative process to work at
the city manager and staff level first. For example, the issue may involve
meetings with local developers for their input on an ordinance which staff
is preparing for council action. If council members allow themselves to
have contact or meetings with the developers, it could undermine the
administrative process and create the potential or perception of liability
that for example, decisions are being made “outside of the sunshine.”
While city code (Chapter 2, Article I, Section 2-1) provides for public
Handbook for Council Members In Council-Manager Cities, National Civic League Press, fifth
edition, 1992, pg. 24. * Handbook for Council Members In Council-Manager Cities, National Civic League Press, fifth
edition, 1992, pg. 28.
DCA 1976).
1
Garvin v. Jerome, 721 So.2d 1224 (Fla. 5‘h DCA 1998); Wolfson v. Work, 326 So.2d 90 (Fla. 2”d
9
3 a
Detailed Report
disclosure for ex parte communications, it is important for council’s
protection that members do not allow themselves to be contacted or
involved in meetings with those conducting public business with city
administration before they have an opportunity to be fully informed by the
city manager, or before they seek advice from the city attorney. Adhering
to the practice of strictly following charter and statutory requirements will
demonstrate to everyone that council does act lawfully in handling its
public duties.
As long as council members exercise their official responsibilities within their
authority granted by charter or statute, they are generally immune from personal,
financial, criminal, legal liabilit~.~ Examples of actions that may exceed such
authority include a failure to follow procedural requirements or violating
constitutional due process rights of those with whom the city government is
performing its duties. An example of this is if the mayor should remove an item
from an agenda prior to council meeting after the item has been publicly noticed
for quasi-judicial public hearing. As it relates to the development approval
process, council formulates policy through land development regulations which
include a party’s ability to present requests to council. There is the potential that
the due process rights of the parties involved could be violated if the matter does
not appear on the agenda after it has already been advertised for time certain.
To protect the mayor from personal liability in this case, a proper way to handle
this would be to remove or postpone the item during the council meeting upon a
vote of all five council members. Action would be taken in an open public forum
according to Florida Sunshine Law rather than giving the perception that a
decision was made behind the scenes prior to the meeting.
0
While council can affect changes to city code provisions, it cannot change charter
provisions without public referendum. To ensure that council members act within
the scope of their duties and responsibilities, they should seek advice from the
city attorney before taking action in matters or attending meetings where there
are potential conflicts of personal or private interest or the perception of conflicts.
This could be on any number of matters - financial, contractual or development
related. The city attorney can guide council members in a way that protects them
from violating the charter, state law, code of ethics or due process rights of
others, while enabling them to make sound decisions consistent with city policies
and in the best interest of the community.
Florida Statutes, Section 768.28 (9) (a). 4
10
1. Charter Provisions
Sec. 3-1. Form of government.
The form of government of the City of Palm Beach Gardens shall be that known as the
"Council-Manager Plan.''
Sec. 6-1. City manager.
(a)The city council, by a majority vote of its membership, shall appoint a city manager
who shall serve at the pleasure of the city council. The city manager shall be
appointed on the basis of executive and administrative qualifications as established
by the council. The city manager need not be a resident of the city at the time of
appointment, however, must be a resident within one year following the appointment.
The compensation and benefits of the city manager shall be as determined by the
city council. The city council shall annually review the manager's performance. The
city manager shall designate in writing, filed with the clerk, an individual who shall
perform the duties of the city manager during hidher temporary absence.
(b)The city manager shall be the administrative head of the municipal government
under the laws and Charter of the city responsible to the city council for the
administration of all city affairs and employees placed in the manager's charge by or
under this Charter or city ordinances. In the event of hidher absence or disability,
the city manager may designate an employee or other charter officer as the acting
city manager limited to the time of the manager's absence or disability.
(c) The city manager shall be responsible to the city council for the proper administration
of all affairs of the city coming under hidher jurisdiction, and to that end the city
manager's powers and duties include:
(1) To see that the laws and ordinances are enforced.
(2) Prepare and submit an annual budget to the city council for its consideration.
(3) To attend all meetings of the city council with right to take part in the discussion
but without having a vote.
(4) To recommend to the council for adoption such measures as he/she may deem
necessary or expedient in the interest of the city. To keep the city council fully
advised as to the financial condition and needs of the city and to submit for its
consideration an annual budget.
(5) 0 To appoint all department heads subject to confirmation by the city council; to
employ and remove all other employees of the city. Provided further, however,
that the city attorney, city engineer and city auditor shall be appointed and
removed in the sole discretion of the city council with such appointments and
removals being based upon merit and fitness alone.
To make such reports as the city council may require concerning the operations
of the city departments.
To perform such other duties as may be specified in this charter, by law, or as
the city council may prescribe.
To retain such specialized professional services as may be necessary to
effectively and efficiently conduct the city's affairs in accordance with state and
local laws.
(d) No member of the city council shall dictate the appointment of any person to office or
employment by the city manager or in any manner interfere with the city manager or
prevent himlher from exercising hidher own judgment in the appointment of officers
and employees in the administrative service. The council and its members shall deal
with city employees solely through the city manager.
(e) The city council may suspend or remove the city manager by resolution approved by
a majority of the total membership of the city council. The resolution shall set forth
the reasons for suspension or removal. A copy of such resolution shall be served
immediately upon the city manager. The city manger shall have ten calendar days in
which to replay thereto in writing, and upon request, shall be afforded a public
hearing, which shall occur not earlier than ten days nor later than 15 days after such
hearing is requested. After the public hearing, if one was requested, the city council
by a majority vote of its membership may adopt a final resolution of removal. The
city manager shall continue to receive full salary and benefits until the effective date
of the resolution of removal.
0
(f) By letter or memorandum filed with the city clerk, the city manager shall designate a
city officer or employee to exercise the powers and perform the duties of city
manager during the manager's absence or disability. The city council may revoke
such designation at any time and appoint another officer or employee of the city to
serve until the city manager returns.
2
Sec. 9-1.
The mayor shall preside as chairman at meetings of the city council, shall be recognized
as head of city government for all ceremonial purposes, by the governor for purposes of
military law, for service of process, execution of contracts, deeds and other documents,
and as the city official designated to represent the city in all other governmental
meetings, but shall have no administrative duties except as required to carry out the
responsibilities herein. The mayor shall have a voice and vote in the proceedings of the
city council.
Powers and duties of the mayor.
The vice-mayor shall assume the duties of the mayor during the absence or disability of
the mayor.
In the absence or disability of both the mayor and vice-mayor, the city council may
appoint a chairman pro tem to fulfill the duties and functions of said office.
3
Detailed Report
Currently, council meetings are conducted according to an agenda generally
prepared by the city clerk based upon information and reports provided by city
staff which are reviewed and approved by the city manager. Neither the city
charter nor code of ordinances formally give the mayor or council the authority to
place issues or items on the agenda prior to a council meeting. While any
council member can request through the city manager that items are placed on
an agenda, city practice has been that the mayor makes the final determination
regarding what appears on an agenda prior to a meeting.
During the research process, staff conducted a survey of several local
municipalities operating under the council-manager form of government -
Boca Raton, Boynton Beach, Delray Beach, Jupiter, Royal Palm Beach and
Wellington - and found that Palm Beach Gardens was the only city which has its
agenda-setting finalized by the mayor prior to council meeting. In these
municipalities, the city manager has the authority to place items on the agenda
as well as to make the final decision regarding what items appear on the agenda.
According to the Florida League of Cities, the trend seems to be that more cities
are formalizing their agenda-setting procedures by having the city manager
approve the agenda because of citizen complaints about the lack of consistency
and clarity on the authority or mechanism for placing items on the agenda.
As a recurring theme explained in Section Ill of this report, the current city charter
distinguishes between policy-making and administrative roles and
responsibilities. Based upon this delineation, the task of gathering information
and setting items and issues on the agenda prior to council meetings is not a
policy matter. Rather, it is administrative process because it is prepared in
advance of council meetings with a packet of information including staff reports
and recommendations approved by the city manager. Another reason why the
agenda-setting process is administrative is because it serves as an
organizational tool to assist council with its task of making policy decisions.
Council’s review of the agenda and related information in advance also helps to
streamline and save time during the meeting because members should be
prepared for the items and issues before them. When council takes action on an
agenda during council meeting, it gives equal opportunity to each council
member. As an administrative matter, the decision to finalize items and issues
which appear on the agenda prior to the council meeting should be made solely
by the city manager. Actions taken on the agenda during the meeting, for
example, making additions, deletions and modifications, are appropriate policy
matters for council to address and decide upon a majority vote.
11
Detailed Report
Ramifications for mayor setting the agenda prior to council meeting
There are several issues raised by the practice of having the mayor set the
agenda prior to council meeting:
I. It is contraw to the concept of five equal council members. As stated
above, there is no specific charter provision or ordinance which grants the
mayor the authority to set the agenda. Furthermore, each council member
has an equal voice and vote as the legislative body of the city. Therefore,
one member should not perform the role of setting the agenda.
2. It is contrary to the council-manaqer form of government set forth bv the
citv’s charter, and therefore opens up the potential for the mavor to be
held personallv liable for performing an administrative function. As stated
above, the practice of the mayor setting the agenda prior to council
meeting is not defined by the city’s charter. A more appropriate way to
handle the process is to allow the city manager to set the agenda as an
administrative function, and then as a matter of policy allow the council to
discuss and take action on the agenda itself (Le., make any changes) in
an open public forum, consistent Sunshine Law, upon a majority vote
during the meeting. As an administrative process, this would also be
consistent with the charter.
3. There is a potential for violating the due process rights of those conducting
business with the citv. As indicated on page 10, once the council meeting
agenda is publicly noticed and advertised, parties for example involved in
quasi-judicial matters have an expectation that they will appear on the
agenda. To ensure that council policies are formulated in strict adherence
to law and procedure, such as those regarding development approvals, a
recommended course of action is to allow the city manager to finalize
items as they appear on the agenda and then during the council meeting
allow the council to decide as a body and as a policy matter whether or
not to postpone or remove them.
12
ISSUE: Workshop Admin Changes to Code. (Page 2, Lines 44 - 46)
RESPONSE:
As part of the recommended changes from the PGA Coalition, it was requested that “a
workshop on proposed administrative changes be held.” The question was raised on
whether the Council had read the changes, and what Planning and Zoning’s
recommend at ion was.
The Council has adopted a series of LDR amendments relating to development review
process including:
Ordinance 10, 2003: Amended Section 78-61 Code of Ordinance entitled “Effective
Period of Development Orders and Enforcement Conditions; and amended Section 78-
77, Code of Ordinances entitled ‘Concurrency Certificates” that provided a procedure by
which the Growth Management Department could issue a minor build-out date time
extensions administratively (see attached).
Ordinance 19,2004: Amended Palm Beach Gardens Code of Ordinances, Chapter 78
“Land Development Regulations”, Section 78-48, entitled “Site Plan Review”, and
Section 78-4.9, entitled “Amendments to Approved Development Orders” in order to
expedite the review process for minor and routine site plan reviews, amendments to
approved development orders, and minor variance requests which are to be approved
administratively (see attached).
Ordinance 38, 2004: Amended Division IV of Chapter 78, Code of Ordinances entitled
“Citywide Impact Fees” to update impact fees pursuant to Section 78-95, Code of
Ordinances that updated the schedule of impact fees (see attached).
The City Council will be considering Ordinances 6, 2005 in May 2005, which will
propose to amend the conditional use process in order to expedite development
application procedures for minor conditional uses.
TOWN HALL MEETING
MARCH 31,2005
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
‘0 f
1 ::
I ;;
25
26
27
28
29
30
33
34
35
36
37
38
41
42
43
44
45
Date Prepared: April 21, 2003
Date Revised: September 12, 2003
As Amended at First Reading: October 16, 2003
ORDINANCE IO, 2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO BUILD OUT DATES
CODE OF ORDINANCES ENTITLED “EFFECTIVE PERIOD OF
DEVELOPMENT ORDERS AND ENFORCEMENT CONDITIONS;”
“CONCURRENCY CERTIFICATES;’’ PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
FOR DEVELOPMENT ORDERS; AMENDING SECTION 78-61,
AMENDlNG SECTION 78-77, CODE OF ORDINANCES ENTITLED
WHEREAS, in accordance with Section 78-61 (c) of the City Code of
Ordinances, the expiration dates for development approvals for Planned Unit
Developments, Parcels within Planned Community Districts, and Site Plans are
governed by the build out period of the development as referenced in the required
traffic impact analysis; and
WHEREAS, existing Section 78-61 (f) of the City Code of Ordinances provides a
procedure by which the City Council may extend the time limit for a development order
beyond the build out date, provided that the developer applies for such time extension
and submits an application which includes, among other things, an updated traffic
impact analysis and a narrative addressing the good faith efforts and progress of the
developer; and
WHEREAS, the City and the development community have been engaged in a
cooperative effort to reduce the amount of trips generated by new development and to
create a comprehensive solution to traffic congestion within the City, particularly along
PGA Boulevard; and
WHEREAS, the City Council of the City of Palm Beach Gardens adopted
Ordinance 50, 2002 which extended the expiration dates for approved development
orders for Planned Unit Developments, Parcels within Planned Community Districts,
and Site Plans expiring prior to January I, 2003, to December 31 , 2003; and
WHEREAS, after adoption of Ordinance 50, 2002, the City Council directed staff
to initiate a modification to the City’s Land Development Regulations to more clearly
define the “build out date” for approved development orders; and
WHEREAS, such modification has been prepared and includes provisions for the
modification of project build out dates; and
WHEREAS, the City Council of the City of Palm Beach Gardens hereby
determines that the adoption of the text amendment to the City’s Land Development
Regulations is in the best interest of the residents and citizens of Palm Beach Gardens.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
0 :;
24
. 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Date Prepared: April 21, 2003
Date Revised: August 29, 2003
As Amended at First Reading: October 16, 2003
Ordinance IO, 2003
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. Section 78-61, Code of Ordinances entitled “Effective Period of
Development Orders and Enforcement Conditions,” is amended to read:
Sec. 78-61. Effective period of development orders and enforcement of
conditions.
(a) lntenf and purpose. The intent and purpose of this division shall be the items
listed below:
(1) Growth management act. In conformity with and in furtherance of the
purpose of Chapter 163, Part II, entitled “the Local Government
Comprehensive Planning and Land Development Regulation Act,” referred
to in this chapter as the Act, this division establishes and implements time
limitations upon the initiation and completion of development to ensure that
public facilities and services shall be available concurrent with the impacts
of development. This division is intended to ensure the efficient and
equitable distribution of capital facilities and services to proposed
developments. The approval of proposed developments has caused the city
to budget for and to reserve capacity for capital facilities and to plan for the
delivery of services to the proposed development within the time prescribed.
In order to ensure development has been initiated and is proceeding
consistent with this division, the city shall monitor and review approved
development ordersi to ensure consistency with the intent and purpose of
this divisioni and to further the goals, objectives, and policies of the city’s
comprehensive plan by:
a. Increasing the availability of capital facilities and services for future
developments by removing capacity reserved for approved
developments that do not meet the requirements of this division by
initiating and completing development within the time prescribed by this
chapter or development approval;
b. Minimizing the creation of an inventory of residential, commercial, and
industrial development which is artificially inflated;
c. %Enhance@ the value and use of land within the city by identifying
and providing a system to revoke or amend development orders which
have not been fully executed; and
d. WEnsureb compliance with conditions of development approval.
2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
0
0 11
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Date Prepared: April 21,2003
Date Revised: August 29,2003
As Amended at First Reading: October 16,2003
Ordinance IO, 2003
(b) Suspension of development orders. Suspension of development orders may
occur upon failure to comply with one or more time requirements or failure to comply
with a condition of development approval.
(1) Expiration of time periods. Upon expiration of any time period established
by this chapter or failure to comply with, or continued violation of, a
condition of development approval, no new development orders affecting
the property shall be issued by the city, and no action which might tend to
vest the development order shall be permitted, until a final determination is
made pursuant to subsection (9) of this section. This suspension of
development rights shall not preclude the property owner from filing a new
petition for the subject property to amend or supersede an existing
development order, or the city council or planning and zoning commission
from approving this petition. If the property owner files a new petition, no
new development orders shall be issued until the completion of the zoning
process, except the development order which approves the petition.
(2) Effect of suspension. This suspension of development rights shall have the
following effect on new petitions and code enforcement action:
a. If the property owner files a new petition, no new development orders
shall be issued until the completion of the zoning process, except the
development order which approves the petition.
b. If the city council or the planning and zoning commission directs staff to
cite the property owner for violating the provisions of the development
order, new development orders shall not be issued until the alleged
violation has been ruled upon by the code enforcement board and any
enforcement action is completedi or penalty is satisfied. This shall not,
however, preclude compliance with the specific condition after the city
council or planning and zoning commission has directed the code
enforcement division to cite the property owner for noncompliance with
that condition.
(c) Time limitations. Everv development order shall include a time limitation by
which build out of the Proiect shall occur.
(1) Variances. Unless the planninq and zoninq commission ba~! of
appeal6 determines otherwise, an owner of record or successors or assigns
shall commence construction of the improvement or improvements which
are the subject of the variance within 12 months from the date of approval.
Time extensions for such a development approval shall not be granted. If
implementation of an approved variance is not initiated within such time
frame, the approval shall be null and void.
3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
' 18
19
20
a
::
1 30
I 38
23
24
25
26
27
28
29
31
32
33
34
35
36
37
39
40
41
42
43
44
Date Prepared: April 21, 2003
Date Revised: August 29, 2003
As Amended at First Reading: October 16, 2003
Ordinance 10, 2003
(2) Conditional uses. Such uses shall be initiated and placed in continuous use
within two years or as otherwise provided in the development order
approving such use.
/3) Planned Unit Developments (PUD). An approved planned unit
development shall have a build out date established in the development
order, which date shall be based upon the required traffic impact analvsis
for the PUD.
(4) Planned Communitv Districts (PCD). An approved PCD and each parcel
within an approved planned community district shall have a build out date
established in the development order, which date shall be based upon the
required traffic impact analysis for the PCD.
(5) Site plans not within a PCD or PUD. Site plans shall have a build out date
established in the development order, which date shall be based upon the
required traffic imDact analvsis for the site plan.
4
41
42
43
44
i
Date Prepared: April 21,2003
Date Revised: August 29,2003
As Amended at First Reading: October 16, 2003
Ordinance 10,2003
(6) Development of regional impact, Time limitations pursuant to development
orders for developments of regional impact which have been approved after
August 18, 1994, shall be governed by the development order rendered for
the project, as required pursuant to Section 380.06(15)(c) 2 and 3, Florida
Statutes.
/7) Development orders approved prior to (date of this ordinance) - 2003.
a. If a build out date established in a PUD, PCD or Site Plan development
order has expired, or will expire before December 31, 2004, the build out
date shall be deemed extended to December 31,2004.
b. If no build out date was established in a PUD, PCD, or Site Plan
development order, the build out date shall be December 31, 2004.
(d) Determination of Project Build Out
(1) A PUD shall be deemed built out when (a) all plats for the PUD have been
recorded; (b) all on-site infrastructure within the PUD (roads, sewer, water,
and drainaqe) has been completed; (c) all common area landscapinq for the
PUD has been installed or quaranteed; and (d) all traffic impacts have been
mitiaated or quaranteed by Derformance securitv.
(2) A non-residential PCD shall be deemed built out if (a) installation of all
infrastructure (roads. sewer, water, and drainaqe) has been comeleted; (b)
buildinq permits for square footaqe qeneratina 85% of the total averase
dailv trips as determined bv the concurrency approval have been issued: (c)
all traffic impacts have been mitiqated or quaranteed by r>erformance
security; and (dl all common area landscapinq for the PCD has been
installed or suarantee,d bv performance security.
/3) A residential PCD shall be deemed built out if (a) installation of all
infrastructure (roads. sewer, water, and drainaqe) has been comeleted; Ib)
all elats for the PCD have been recorded; (c) all traffic impacts have been
mitiqated or guaranteed by eerformance security; and (d) all common area
landscacina for the PCD has been installed or auaranteed bv performance
securitv.
{4) An individual pod within a PCD may be deemed built out if the pod has
been platted and all other criteria in subsection (2) for non-residential pods
or subsection (3) for residential pods have been met for the individual Dod.
5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 e i:
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Date Prepared: April 21 , 2003
Date Revised: August 29, 2003
As Amended at First Reading: October 16, 2003
Ordinance 10, 2003
/5) Site plans not within a PUD or PCD shall be deemed built out if (a)
installation of ail infrastructure (roads, sewer, water, and drainage) has
been completed: (b) building permits for square footaqe generating 85% of
the total average dailv trips as determined bv the concurrencv approval
have been issued; and (c) all traffic impacts have been mitigated or
guaranteed bv Derformance security.
(eHQ)Accountabi/ify. It shall be the responsibility of the owner of record at the time
of the approvali or successors or assigns to monitor and adhere to the time limitations
imposed by this division. Failure of the owner of record or successors or assigns to
request an extension within such time frame shall render the development approval null
and void.
Ifl@)Notiflcation. Notwithstanding that it is the responsibility of the owner of record,
successors, or assigns to monitor and adhere to the time limitations imposed by this
division, the city may, at its sole discretion and without further responsibility, provide the
owner of record, successors, or assigns with a written courtesy notice of the pending
expiration of a development approval. This notification is not intended to supplement
state law or to form the basis for a property owner to allege that the owner’s rights to
notice or due process have been violated or abridged if the owner does not receive a
timely courtesy notice or any courtesy notice whatsoever.
&&@Extensions of time limitations. The following procedure shall govern the review
of an application to extend the time limit for a development order or conditions of
a pprova I:;
(1) Minor administrative extensions of time. The department may issue one
90-day minor administrative extension for the recordation of a plat,
installation of all infrastructure, and/or the installation of common
landscaping prior to the build out of a residential development; or for the
completion of a nonresidential development, in its entirety, as referenced in
subsection (c) of this section, for a project that has reached a point of
substantial completion, but will not be completed prior to the expiration date
of the development order. This extension is subject to the ownerk
satisfaction of all criteria listed below:
a. The submission of a complete application, together with the appropriate
fee, at least 60 calendar days prior to the build out of a phase or the
build out of the development.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
42
43
44
Date Prepared: April 2 1,2003
Date Revised: August 29,2003
As Amended at First Reading: October 16,2003
Ordinance 10,2003
b. Fees and submission of all receipts evidencing payment to the city for
the following, as applicable:
1. Plan review;
2. Building permit;
3. Engineering approval; and
4. An executed potable water and sanitary sewer service agreement.
.. c. T,* . .. .
7
1
2
3
4
5
6
7
8
9
IO
11
12
13
14
15
16
17
18
19
20
24
25
26
27
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
28
Date Prepared: April 21,2003
Date Revised: August 29,2003
As Amended at First Reading: October 16, 2003
Ordinance 10,2003
8
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
a
a ;:
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Date Prepared: April 21,2003
Date Revised: August 29,2003
As Amended at First Reading: October 16,2003
Ordinance 10,2003
(2) Administrative extension of time. The Growth Manaqement Administrator
may approve a one-time extension of up to 3 years. Notice of all time
extensions approved pursuant to this section shall be qiven to the City
Council. The time extension may be granted provided the followinq items
have occurred 30 days prior to the expiration of the approved build out date:
a. An appropriate application has been submitted. The application must
include (i) a schedule for completion of all infrastructures, landscapins,
and traffic amenities required in the approved development order; and
lii) a revised sales Dro forma describinq anticipated annual sales for the
proiect and the number of units left to sell for residential property and
anticipated sales, or leasinq of square footaqe for non-residential
pro pertv.
b. The owner of record at time of approval or successors or assiqns has
completed or secured all traffic mitiqation requirements of the approved
development order and traffic concurrency approvals.
c. The owner of record at time of approval or successors or assiqns has
either paid all city road impact fees or received impact fee credits for the
entire approved project provided in the development order.
9
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 a ii
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
I a 45
!
I
Date Prepared: April 21,2003
Date Revised: August 29,2003
As Amended at First Reading: October 16,2003
Ordinance 10,2003
d. The owner of record at time of approval or successors or assiqns has (i)
dedicated and conveved to the citv any public road riqhts-of-way
required in the oriqinal development order or (ii) conveved or dedicated
anv Perpetual public access easements required in the oriqinal
develop men t order.
(3) Additional time extensions. The Growth Manaqement Administrator may
approve two additional consecutive 1 -year time extensions after the
administrative time extension, provided that the followina items have
occurred 30 davs prior to the expiration of the DreviouSlv extended build out - date:
a. An appropriate application has been submitted. The application must
include a revised sales pro forma describing anticipated annual sales for
the proiect and the number of units left to sell for residential property
and anticipated sales or leasinq of square footage for non-residential
property and any additional information requested bv the Growth
Management Department.
b. The owner of record at time of approval or successors or assians shall
have completed the recordation of all plats.
c. The owner of record at time of approval or successors or assians shall
have completed the installation of all common landscapins required in
the development order.
****
SECTION 3. Section 78-77, Code of Ordinances entitled “Concurrency
Certificates,” is amended to read:
Sec. 78-77. Concurrency certificates.
(a) Exemptions. There are specific projects or development that are exempt from
concurrency and will be issued a certificate of exemption by the department upon an
application for a development permit or the granting of a time extension for a
development order. These exemplions are identified below:
(1) Vested development. Vested means any project for which a development
order has been granted prior to the adoption of the city concurrency
management system, and the project has progressed in accordance with
the concurrency requirements of the development order and the city’s land
development regulations.
10
Date Prepared: April 21,2003
Date Revised: August 29,2003
As Amended at First Reading: October 16,2003
Ordinance 10,2003
1 (2)
2
3
4
6
7
9
10
12
13
14
16
17
18
19
20
5 (3)
8 (4)
11 (5)
15 (6)
Amendment to a vested development. A change to a vested project that
does not create additional impacts provided that the project is in compliance
with the original development order and any amendments thereto.
No additional impacts. Accessory buildings or structures that do not create
additional impacts on public facilities.
Replacement. Replacement of an existing structure without creating any
additional impacts.
Certain residential lots. Single-family and duplex residential units to be built
on existing platted or unplatted lots that were created prior to the adoption
of the city concurrency management system.
Developments of regional impact. Developments of regional impact
approved prior to the adoption of the city concurrency management system
and being implemented in compliance with Chapter 380, Florida Statutes.
The city shall issue such projects a certificate of exemption? indicating the
specific reason such project is exempt and the specific amount of
development, including number and type of residential units, number and
type of nonresidential building square feet, and any maximum development
limit, such as number of trips, phasing, or specific build out dates that may
be associated with such project.
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
(b) Time extensions. &
/1) If an extension of a develoDment order is wanted pursuant to Section 78-
61 (4). the certificate of concurrencv reservation shall be deemed extended
to the same date.
/2) If a certificate of Concurrency reservation is scheduled to expire on or
before December 31, 2003, the Growth Manaqement Administrator may
extend the reservation until December 31, 2004. orovided the following
conditions are met:
i. A complete and ,sufficient develoDment application is received bv the
Citv no later than March 31, 2004: and
ii. A development order aowoval is granted prior to December 31. 2004; - and
11
I
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
24
25
26
27
28
29
30
31
32
33
34
35
37
38
39
40
41
42
36
Date Prepared: April 21, 2003
Date Revised: August 29, 2003
As Amended at First Reading: October 16, 2003
Ordinance 10, 2003
iii. All Linkaae Road or Citv Thorouahfare riaht-of-wav desinnated in the
comprehensive tdan is conveved to the citv within thirty (30) davs of
the date of the development order amroval.
e: D3
.. ..
(c) Certificate of concurrency reservation. This certificate is issued by the
department and constitutes proof that adequate public facility capacity exists and is
reserved to accommodate a propbsed project at the time a project’s impacts will occur.
(d) Certificate of conditional concurrency reservation. This certificate is issued if the
department determines the criteria listed below are applicable;
(I) Lack of capacity. The department determines that there is not sufficient
public facility capacity with regards to a given project.
(2) Development order approval. The applicant is desirous of requesting
development order approval for an application.
12
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
0 ::
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
Date Prepared: April 21,2003
Date Revised: August 29,2003
As Amended at First Reading: October 16,2003
Ordinance 10,2003
(3) Installation of required improvements. The applicant enters into
negotiations wit, I the &ity to expand public facility capacity, at the applicant’s
expense, in accordance with the adopted level of service as set forth in the
capital improvement element of the comprehensive plan and the land
development regulations. Once the applicant and the city reach a mutually
acceptable understatiding, a developer agreement shall be prepared and
shall become part of the development order. This agreement will ensure
that adequate public facility capacity will be available at the time of project
impacts. ***
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
SECTION 5. It is the specific intent of the City Council that the amendments to
Section 78-61 (9) relating to “Extensions of Time Limitations” shall supercede and
replace any conditions of approval contained in previously adopted development orders
which impose a different process for requesting and granting time extensions.
SECTION 6. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20 I 21
24
2!
2.6
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Date Prepared: April 21, 2003
Date Revised: August 29, 2003
As Amended at First Reading: October 16, 2003
Ordinance 10, 2003
PASSED this /Lzday of om&& , 2003, upon first reading.
PASSED AND ADOPTED this air"" day of Nooen8W , 2003, upon second
and final reading.
FOR
J
h. /
Y- '
A$TEST:
AGAINST
1
/
ABSENT
.. APPROMED~XS TO FORM AND
LEGAL SUFFICIENCY
BY:
G:\attorney-share\ORDlNANCES\Build Out Text Amendment Ordinance tinal.doc
14
01
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 6: 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
ORDINANCE 19,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO ADMINISTRATIVE
APPROVALS; AMENDING SECTION 7848, CODE OF
ORDINANCES ENTITLED “SITE PLAN REVIEW”; AMENDING
SECTION 7849, CODE OF ORDINANCES ENTITLED
“AMENDMENTS TO APPROVED DEVELOPMENT ORDERS”;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted Chapter 78, Land Development
Regulations of the City Code of Ordinances, which includes Section 78-48, “Site plan
review,” and Section 78-49, “Amendments to approved development orders,” through
the adoption of Ordinance 17,2000; and
WHEREAS, Section 78-48, “Site plan review,” provides, in part, that all
development order applications for a site plan review shall be subject to the
development review process as provided therein and as indicated in Table 1 of the Land
Development Regulations; and
WHEREAS, Section 78-49, “Amendments to approved development orders,”
provides, in part, criteria for amendments to approved development orders, including
site plans, master plans, architectural elevations, conditions of approval, developer’s
agreements, project phasing, etc.; and
WHEREAS, the City Council has determined that it is necessary to amend
Sections 78-48 and 78-49 to allow staff more latitude in approving amendments to
approved site plans and to allow certain development orders to be approved
administratively; and
WHEREAS, this Land Development Regulations amendment petition (LDR-04-
03) was reviewed by the Land Development Regulations Commission at a public
hearing on August 24,2004, which recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: July 20, 2004
Ordinance 19,2004
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
0:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
SECTION 2. Section 78-48, Code of Ordinances entitled "Site plan review" is
amended to read:
Sec. 78-48. Site plan review.
(a) Site plan review. The development order application for a site plan review shall
be subject to the development review process as provided herein and as indicated in
Table 1.
***
(9) Administrafive site plan changes. Administrative changes to site plans may be
approved by the growth management director or designee as provided herein.
Administrative changes shall include those changes not classified as a fwxemp4 major
er-mirw site planr or as a major amendment to an approved development orders,
SECTION 3. Section 78-49, Code of Ordinances, entitled "Amendments to
approved development orders" is amended to read:
Sec. 78-49. Amendments to approved development orders.
(a) Amendments to approved development orders. Criteria for amendments to
approved development orders, including site plans, master plans, architectural
elevations, conditions of approval, developer's agreements, project phasing, etc., are
established by this section. For the purpose of this section, two types of amendments
are created:
(1 ) Major amendments; and
(2) Minor amendments.
(b) Major amendments. Development order applications for major amendments are
reviewed in the same manner as the original application. Major amendments to
approved development plans include the changes listed below.
2
Date Prepared: July 20, 2004
Ordlnance 19,2004
01
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 e 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Increase of intensity. Any change in nonresidential intensity which, in
combination with prior minor amendments, cumulatively exceeds the limitations
or standards listed below.
a,
-8. a, Relocation. Any proposed relocation of the approved number of gross
square footage which is equal to or greater than 5 percent of the approved
gross square feet of any nonresidential structures,
&k Decrease in rewired parking. Unless otherwise provided in this chapter,
any proposed decrease- , of the existing number of
parking spaces which is the greater of 5 percent of the existing parking
spaces or 20 parking spaces. Decreases in rewired parkinq otherwise
requirina action bv the planninq. zonina and appeals board or the citv council
shall not be considered a maior amendment for the purpose of this section.
..
ec,lncrease in the number of pfm4paLstructures. Any proposed increase in the
number of principal or accessory structures that changes the overall intent of
the original approval.
a. Any proposed reduction of heavily utilized parking spaces as determined bv
the arowth manaciement director.
Increase in density. Any &aqe increase in the amroved number of residential - units -, i:: .I
3
Date Prepared: July 20, 2004
Ordinance 19,2004
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 & 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Increase in building height above the heinht permitted in the aDDlicable zoninq
district. ..
Utility facilities. Any addition or relocation of outdoor utility facilities, including,
but not limited to, the followina: chillers, air-conditioning units, above-ground fuel
tanks including propane or natural gas, electrical equipment such as junction
boxes, and ground-mounted service boxes for public utilities such as telephones
and cable television, which are deemed to be substantial by the growth
management director. This shall not apply to sinnle-familv lots or dUDlex lots.
Boundary changes. Any proposed boundary change of the approved
development plan.
Traffic impact. Any increase in overall traffic impact, except as may be provided
in this chapter.
Character and appearance. Any amendment which would negatively imDact akf
the character or .. the appearance of an approved development.
Amenities. Any amendment which would materially decrease the number or size
of amenities in all or a portion of any residential or nonresidential development.
Residential unit types. Any change in the approved mix of .. residential dwelling
unit types fi
that would reauire alterations of an amroved plat.
Architectural style. Any change in the approved architectural style of residential
dwelling unit types or nonresidential structures which results in:
An architectural stvle that is out of character with the
a. e
aDDroved or existinq architecture (ea.. change from Mediterranean style to
neo-classical).
*.
.. b. a
New residential models that are substantially different from #w&hgs). a DDroved mod e Is.
Building materials. Any significant changes in exterior building materials that
result in a downgrade as determined bv the qrowth management director.
4
Date Prepared: July 20,2004
Ordinance 19,2004
01
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 0;:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(12) Changes to phasing or conditions. Any changes to an approved development
phasing plan or any condition of development approval not otherwise addressed
by this section.
(1 3) Changes to developer's agreements. Any changes to an approved developer's
agreement.
(14) Other changes. Any change to an approved plan or any change to an approved
plan when considered cumulatively with prior minor amendments which, as
determined by the growth management director, deviates materially from the
approval granted by the planning, zoning and appeals board or city council.
(c) Minor amendments. Minor amendments are changes to approved development
orders that are not considered major amendments as previously defined. Minor
amendments may be approved by the growth management director in consultation with
other city staff and the development review ,committee.
For the purpose of this section, site improvements such as the followins are not
considered a maior amendment:
11) Removal of parkina spaces to preserve existing trees: creation of required utility
easements;
/2) Relocation of parking due to loss of site area to accommodate widenina of public
rights-of way: and
(3) The installation of landscapins, screenina or bufferinq associated with city-
approved improvements to a nonconforminq lot or structure.
Id) Administrative variances. The growth management director or desiqnee may
issue administrative variances pursuant to the following conditions:
/I) Structural encroachments into setbacks of no more than 10 percent. The qrowth
manaaement director may issue an administrative variance for structural
encroachments into a setback of no more than 10 percent of the setback,
provided the structural encroachment does not encroach won an easement.
/2) Conditions. The qrowth manaqement director may impose such conditions in a
development order qrantinq an administrative variance as are necessaw to
accomplish the goals, obiectives, and policies of the Comprehensive Plan and
this section, including, but not limited to, limitations on size, bulk, location,
reauirements for liahtina, and provision of adequate ingress and eqress.
5
Date Prepared: July 20,2004
Ordinance 19.2004
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
/3) Standards for qrantinq administrative variances. When considerinq an
administrative variance, the qrowth manaqement director must determine that a)
the variance is necessarv because of practical difficultv peculiar to the land,
structure, or buildinn involved and which is not applicable to other lands,
structures, or buildings in the same zoning district: b) the variance is the
minimum variance necessary to alleviate the practical difficultv; and c) the
variance will be in harmonv with the general intent and purpose of the zoninq
code, and will not be iniurious to the area involved or otherwise detrimental to the
public welfare.
/4) Expiration of administrative variances. An administrative variance qranted by the
growth manaaement director shall automatically expire under the followinq
conditions:
a. The variance shall expire 12 months from the date of the written
determination of the qrowth manaaement director qrantinq the administrative
variance if a buildinq permit has not been issued in accordance with the plans
and conditions upon which the administrative variance was granted; and
b. The administrative variance shall expire if a buildinq permit issued in
accordance with the plans and conditions upon which the administrative
variance was wanted expires and is not renewed pursuant to the applicable
provisions reqardinq renewal of buildinq Dermits.
25
26
27
28
0 Appeal of growth manaqement director's decision. A petitioner mav appeal the
determination of the qrowth management director to the planninq. zoninq and
ameals board. Appeals from a final decision of the growth manaqement director
shall be made within 30 calendar days of such decision.
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(The remainder of this page left intentionally blank)
6
Date Prepared: July 20,2004
Ordinance 19,2004
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
PASSED this A 1 ’‘ day of nP &k
PASSED AND ADOPTED this d* day of PoQh-
,2004, upon first reading.
,2004, upon second
and final reading.
CITY OF- ACHG PENS
BY
FOR
/
AGAINST ABSENT
J
J
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: J
Mstine P. Tatum, City Attorney
i’
\\Pbgsfile\AttorneyZattomey-share\ORDINANCES\admin approvals - ord 19 2004v3.doc
7
LAND DEVELOPMENT
opment area, or overlay districts. The development order application for a standard remniug
ahall be subject to the devc$opme.nt review pmcess ae pmvided in this chapter and as indicated
in able 1.
(b) Pfanned community district overlay retoning. The development order application for a
rezoning to a pla~ed community district shall be subject to the development review process
as provided in this chapter and as indicated in Table 1. In addition, a development order
application for a planned community district overlay rezoning shall include a master
development plan as provided in division 1 of this article.
(c) Development of parcels within a planned community overlay zoning district. Develop
ment of each parcel within an appmved planned community overlay district with an approved
maer development plan shall be subject to the site plan review procedure, as established in
division 1 of this article.
(d) Pland unit development overtay district rezoning. The development order application
for a rezoning to planned unit development overlay zoning district shall be subject to the
development review process 88 provided in this chapter and as indicated in Table 1.
(e) Planned development mu rezoning. The development order application for a rezoning to
a phed development area ahall be subject to the development review process as provided in
this chapter and aa indicated in Table i. In addition, a development order application for a
planned development overlay rezoning shall include a master site development plan as
provided in division 1 of article III.
(0 Overlay districg mzoning. The development order application for a rezoning to an overlay
district ahall be eubject to the development review process as provided in this chapter and as
indicated in nble 1.
(g) Application requirements. All applications for development order approval for a rezon-
ing shall include the application requirements as described herein.
(Ord. NO. 17-2000,$24, 7-20-00)
8ea 78-48. Site plan review.
subject to the development dew process as provided herein and as indicated in “able 1.
(b) Application requirements, All applications for development order approval for a site
plan review, excluding parcels located within a planned community district, shall include the
application requirements as described herein.
(c) Categories of site plan review. The following categories of site plan review are estab-
lished:
(1) Exempt;
(2) Mty‘or;
(3) Minor; and
(a) Site plan review. The development order application for a site plan review shall be
Supp. No. 10 CD78:39
0 78-48 PALM BEACH GARDENS CODE
(4) Admidshtive.
(d) Exempt si& plcrna The following development order applicatiom are exempt from any
site plan mi-, unless BU& applications are considered a major, minor, or administrative Bite
plan review purauant to thie Won:
(1) Building permits for single familv:
(3) Repah or renovatiom to residential or nonresidential structurea when the improve-
mente ahell be made to the interior of the structure or when the facade, roofline, or
exterior dimensions of the structure shall not be changed; and
(3) Construction or installation of ground level improvements to any structure which
change the exterior dimension, such as concrete pads, or permanent flower or planter
bow.
(e) Msfor site plans. The following development order applications are considered a major
(1) The proposed development involves land and water area which exceede three acres;
(2) The proposed development is a residential project of more than 12 dwelling units;
(3) The propod dwelopment involves more than 30,000 square feet of nonresidential
floor apace; and
(4) Any application the growth management director designates as a mdor site plan
because the proposed development is part of a larger parcel far which additional
development is anticipated that, when aggregated with the project in question, exceeds
the limits establlsbed herein.
(0 Minor site plans. The following development order applications are considered a minor
(1) Applications which do not exceed the criteria or threshold of a mejor site plan; or
(2) The development of parcele within an approved planned community &trict master
development plan that do not exceed the thresholds established herein for a q'or site
plan review.
(g) Adminiatmtiue site plan changes. Administrative changes to site plans may be approved
by the growth management director or designee as provided herein. Administrative changes
shall include thme changes not classified as an exempt, mqjor, or minor site plan, or as a major
amendment to an approved development order, including the following:
site plan review if the application exceeds one or more of the criteria listed below:
eite plan:
(1) A change in traffic circulation or parking layout;
(2) A change in use or occupancy of a structure or premise which increases the amount of
required parking in excess of the amount currently approved for the use; or
The application proposes a change of paint color or color finish of the exterior of the
structure.
(3)
(Ord. NO. 17-2000,0 26, 7-20-00)
Supp. No. 10 CD78:40
LAND DEVELOPMENT
8ec. 7849. Amendments to approved development orders.
0 78-49
(a) Amendments to approved dewlopment orders. Criteria for amendments to approved
development ordere, including site plane, master plans, architectural elevations, conditions of
approval, dwelopeie agreements, project phasing, etc., are established by this section. For the
purpose of this section, two types of amendments are created:
(1) Major amendments; and
(2) Minor amendments.
(b) Mqior amendments. Development order applications for major amendments are re-
viewed in the Bame manner as the original application. Major amendments to approved
development plans include the changes listed below.
(1) Increase of intensity. Any change in nonresidential intensity which, in combination
with prior minor amendments, cumulatively exceeds the limitations or standarcla
listed below.
a. Increase in floor area. Any proposed increase which is equal to or greater than
five percent of the gross floor area of any nonresidential structure.
Relocation. Any proposed relocation of the approved number of gross square
footage which is equal to or greater than five percent of the approved gross square
feet of any nonresidential structure.
b.
c. Increase in parking. Any proposed increase equal to or greater than five percent
of the existing parking, unlese atherwise provided in this chapter.
Decrease in park& Unless otherwise provided in this chapter, any proposed
decrease, not requiring a variance, of the existing number of parking spaces
which is the greater of five percent of the existing parking spaces or 20 parking
spaces. For the purpose of this section, a site improvement as defined herein is
not considered a major amendment. Site improvement consists of such actions as
the following:
1. Removal of parking spaces to preserve existing treee; creation of required
utility easements;
Relocation of parking due to loss of site area to accommodate widening of
public rights-of way; and
The installation of landscaping, screening, or buffering associated with
city-approved improvements to a nonconforming lot or structure.
Increase in principal structures. Any proposed increase in the number of
principal or accessory structures that changes the overall intent of the original
approval.
Any proposed reduction of heavily utilized parking spaces.
d.
2.
3.
e.
f. ar Supp. No. 10 CD78:41
0 78-49 PALM BEACH GARDENS CODE
(2) Increase in density. Any change in reaidential density which, in combinationwith prior
minar amendmeate, cumulatively exceeds the limitationa or ~tanaarde listed below,
a. Number ofunita. Any proposed increase in the number of residential unib.
b. Increase in principal structures. Any proposed increw in the number of
prinapal or acceseoTg structures that changes the overall intent of the original
approval.
(3) Increase in building height. Any pm& inmase in building height or number of
StOrieS.
(4) Utility Wties. Any addition or relocation of outdoor utility facilitia, including
chillers, air-conditioning units, above grad fuel tanlrs including propane or natural
gas, electrical equipment such as junction boxes, and ground mounted service boxes for
public utilities such as telephones and cable telwision, which are deemed to be
substantial by the growth management director.
(6) Boundary changes. Any proposed boundary change of the approved development plan.
(6) mc impact. Any inerease in overall traflic impact, except as may be provided in this
chapter.
(7) Character and appearance. Any amendment which would alter the character or
significantly alter the appearance of an approved development.
(8) Amenities. Any amendment which would materially decrease the number or size of
amenitien in all or a portion of any residential or nonreaidpntial development.
(9) Reeidential unit types. Any change in the approved mix of residential dwelling unit
typea which results in an increase or decrease of a speciiic unit type of more than five
percent.
(10) Architectural style. Any change in the approved architectural style of residential
An increase or deerease of a specific design of more than five percent of dwelling
unit types; or
Avisible change to the overall approved design concept that is not consistent with
approved architectural plans (e.g., changes to windows, roofs, entry features,
materials, color, style, context, bulk, mass, or relation to other buildings).
dwelling unit types or nonresidential structures which results in:
a.
b.
(11) Building materials. Any significant changes in extarior building materials.
(12) Changa to phasing or conditions. Any cbanges to an approved development phasing
plan or any condition of development approval.
(13) Changes to developer's agreements. Any changes to an approved developis agree-
ment,
Sun. No. 10 CD78:42
8. LAND DEVELOPMENT 0 1862
(14) Other changes. Any change to an approved plan or any change to an approved plan
when wnddered cumulatively with prior minor amendments which, as determined by
the growth management director, deviates materially from the appmval granted by the
planning and zoning commission or city council.
(c) Minor amendments. Minor amendments are changes to approved development orders
that am not considered major amendments as previously defined. Minor amendments may be
approved by the growth management director in consultation with other city stag and the
development review committee. The growth management director may determine minor
amendments are to be considered as major amendments.
(Ord. NO. 17-2000,$ 26,7-20-00)
Sec. 78-50. Miscellaneour, review.
(a) Nature of revkw. When a development order application is not consistent with any of the
development review processes provided herein, the growth management director shall
determine the specific nature of review.
(b) Signs. Sign plans may be submitted separately from site plan applications. If submitted
separately, a sign plan 8ball be subject to review by the planning and zoning commission prior
to consideration by the city council.
(Ord. NO. 17-2000, 9 27, 7-20-00)
Sec. 78-51. Land development regulation text amendments.
(Ord. NO. 17-2000, 9 27, 7-20-00) rn Tr Sec. 78-51. Land development regulation text amendments.
(a) Applications. Applicatiow for an amendment to the text of the city's land development
regulationa ahall be prepared in detailed narrative form, and shall include the information
listedbelow.
(1) Amendment requested. The specific text amendment that is requested, including
language to be added and language to be deleted.
(2) Reason for request. Tbe reasons far requesting the amendment.
(3) Supporting information. Any material or supporting donunentation in support of the
request for a text amendment.
(Od. NO. 17-2000, 0 28, 7-20-00)
8ec. 78-62. Conditional uses.
(a) Criteria In addition to the application requirements listed above, a development order
application for conditional use approval shall demonstrate compliance with the criteria listed
below.
(1)
(2)
Comprehensive plan. The proposed use is consistent with the comprehensive plan.
Chapter requirements. The proposed use is consistent with all applicable require-
ments of this chapter.
Supp. No. 10
1 .'
CD78:43
LAND DEVELOPMENT 3 78-53
(12) Adverse impact. The design of the proposed use and structures will minimize any
adverse visual impads or impacts caused by the intensity of the use.
(13) Environmental impact. The design of the proposed use minimizes any adverse impacts
that may be created, including impacts on environmental and natural resources
including air, water, stormwater management, wildlife, vegetation, and wetlands.
(b) Enfimeemenl. In addition to the provisions of chapter 2 of the City Code, conditional uses
(1) Revocation. The city council shall have the power to revoke conditional uses for
noncompliance with conditione of development approval.
Removal. The city council shall have a right of action to compel removal of offending
structures or uses at the cost of the violator and may record a lien against the property
to recover its costs.
(3) Inspections. The growth management department shall review and inspect conditional
uses to ensure compliance with conditions of approval. Failure to comply with any or
all conditions of approval shall be reported in writing to the city council. The report
shall specify the manner in which the landowner is not complying with one or more
conditions of approval. The city council, upon receipt of the written report, may:
a.
b.
e.
arb subject to the enforcement procedures listed below.
(2)
Request timely compliance with the conditions of approval;
Direct initiation of code enforcement proceedings pursuant to article MI; or
Initiate procedures to revoke the Conditional use. If the city council initiates
procedures to revoke the conditional use, a bearing on the report shall be
scheduled within a reasonable time, and notice of the time and place of the
hearing shall be fivnished to the landowner. If the city council finds that the facta
alleged in the report are true, and that the landowner has not taken the steps
necessary to fully comply with the conditions between the date of the report and
the date of the hearing, the city council may authorize the city manager to revoke
the conditional use. The city council also may authorize the city manager and
take.the neceseary legal action to terminate the conditional use and all uses
authorized by that approval.
(Ord. NO. 17-2000, 3 29, 7-20-00)
Sec. 78-83. Varianae requests.
(a) Development order applications. Applications for a development order approval for a
variance shall be submitted and reviewed as provided in division 1 of article III.
(b) Public hearing. The board of zoning appeals (BZA) shall conduct a public hearing to
review the application. As a basis for approval, the board must determine the application is
consistent with the criteria listed below.
(1) Special conditions. Special conditions and circumstances exist which are peculiar to
the land, structure, or building involved and which are not applicable to other lands,
structures, or buildings in the same zoning district.
I
Supp. No. 10 ai CD78:45
PALM BEACH GARDENS CODE
Hardehip. The epecial conditions and circumstances truly represen, a hard~hip, and
are not mated by any actions of the applicant.
Literal interpretation. Literal interpretation dthe prwisiona of this chapter would
deprive the applicant of rights commonly enjoyed by other properties in the same
zoning district under the tern of this chapter and would work unnecessary and undue
hardship on the applicant.
Special privileges. The grant of a variance will not confer upon the applicant any
special privilege denied to any other owner of land, buildings, or structures located in
the same zoning district.
Minimum variance. The variance granted is the minimum variance that will make
possible the use of the land, building, or structure.
Purpoee and intent. The grant of the variance will be in harmony with the general
intent and purpose of this chapter and land development regulations.
Financial hardship. Financial hardship is not to be considered as sufficient evidence of
a hardship in granting a variance.
Public welfare. The grant of the variance will not be injurious to the area involved or
otherwise detrimental to the public welfare.
(c) Approvals. In granting any variance, the BZA may approve such conditions and
safeguards deemed necessary to conform to the intent and purpose of this chapter. Violations
of such conditions hall be deemed a violation of this chapter. The board may also prescribe a
reasonable time limit to initiate the action granted by the variance and to complete such
action.
(d) Use variances prohibited. The BZA, unless specifically authorized by thie chapter, shall
not grant a variance to establish a use not dowed as a permitted use or conditional use in any
overlay or zoning district, or a use not allowed within a planned district. hridence nonmn-
forming uses of neighboring lands, ~bructures, or buildings in the same zoning district or the
permitted use of lands, structures, or buildhga in other zoning districta shall not be considered
grounds for the authorization of a variance.
(e) Variance from development standards prohibited. The BZA, unless specifically authe
rid by this chapter, shall not grant a variance &om the additional development standards of
section 78-159, af€ecting permitting, conditional, or prohibited uses.
(f) Variances in planned developments. The BZA shall not grant a variance within my
planned development, planned unit development, or planned community development overlay
zoning district. Any deviation hm applicable requirements shall be granted as a waiver by the
city council
(Od. NO. 17-2MK). 8 30, 7-20-00)
Supp No. 10 CD7846
Date Prepared: July 28, 2004
01
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
0:: 25
26
27
28
29
30
31
32
ORDINANCE 38,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING DIVISION IV OF
CHAPTER 78, CODE OF ORDINANCES ENTITLED "CITYWIDE
IMPACT FEES" TO UPDATE IMPACT FEES PURSUANT TO
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
SECTION 78-95, CODE OF ORDINANCES; PROVIDING FOR
WHEREAS, Ordinance 17, 2000, adopted on June 2, 2000, and amended by
Ordinance 31 , 2000 on December 5,2000, and further amended by Ordinance 1 1 , 2001
on August 2,2001, imposes impact fees within the corporate limits of the City; and
WHEREAS, Section 78-95, Code of Ordinances requires that the schedule of
each impact fee be reviewed at least once every two years to update costs, credits, and
generation rates, and that where the review warrants a change in impact fees, that the
Division be amended; and
WHEREAS, in accordance with this review requirement, the City has undertaken
a review of the schedule of impact fees and has considered all required factors; and
WHEREAS, based upon the review, the City now desires to amend Division 4 of
Chapter 78, Code of Ordinances to reflect the updated assumptions, conclusions, and
findings from such review, including an updated Schedule of Impact Fees.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The City Council makes the following findings:
33
35
36
37
39
40
41
43
44
45
34 (1 1
38 (2)
42 (3)
The City's Parks and Recreation System benefits all residents of the City,
and therefore, the park impact fees shall be imposed in all incorporated
areas of the City.
The City's Police and Fire/Rescue Services benefit all residents of the City,
and therefore, the Police and Fire/Rescue impact fees shall be imposed in
all incorporated areas of the City.
The Roadway System benefits all residents of the City, and therefore, the
Road impact fees shall be imposed in all incorporated areas of the City.
Date Prepared: July 28,2004
Ordinance 38,2004
01
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 e;;
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
The growth contemplated in the Comprehensive Plan will require
improvements and additions to the Parks and Recreation System, the City
Roadway System, as well as additional capital improvements for Police and
Fire/Rescue Services to accommodate the impacts of such growth and
maintain the standards of service adopted by the City.
New development should contribute its fair share to the cost of
improvements and additions required to accommodate the impacts of such
growth and the use of public facilities by such growth.
The imposition of impact fees provides a source of revenue to fund the
construction or improvement of facilities necessitated by growth as
delineated in the Capital Improvement Element of the Comprehensive Plan.
The Council expressly finds that the schedule of improvements and
additions contained in the study entitled “Parks & Recreation, Fire &
Rescue, and Police Protection and Road Impact Fees, August 2, 2004”
provides a benefit to all new construction within the City in excess of the
impact fees.
The road impact fee imposed by the City will not be used to finance any
road improvements to the county road system or the state highway system.
The Parks and Recreation impact fees imposed by the City will not be used
to finance any improvements to the county park system.
(10) The purpose of this Chapter is to regulate the development of land within
the City by requiring payment of impact fees to provide for the cost of
capital improvements required to accommodate such growth.
(1 1) The review required by Section 78-95, Code of Ordinances considered new
estimates of population and other socioeconomic data; changes in
construction, land acquisition, and related costs; adjustments to the
assumptions, conclusions, or findings set forth in the original Impact Fee
Study; changes in acquisition and related costs; and changes in trip
generation rates, external trip lengths, and traffic volume counts.
SECTION 2. Section 78-92, Code of Ordinances entitled “Fees” is amended as
follows:
Sec. 78-92. Fees.
The amount of the impact fees shall be determined by the schedules contained herein,
unless established by an independent calculation pursuant to section 78-93.
2
1
2
3 TABLE INSET:
4
Schedule 1: Fire Protection and EMS Cost Schedule
RESIDENTIAL UNITS*:
lincludes multi-familv and mobile home)
800 Square Feet and Under
801 - 1.399
1,400 - 1,999
2.000 - 3,599
3,600 and Over
'Includes sauare footage heated under AIC
5 6
OCCUPANTS
1.963
2.308
2.712
3.153
3.494
~~~ ~-
Date Prepared: July 28, 2004
Ordinance 38,2004
NON-RESIDENTIAL:
HOTELlMOTEL PER 1.000 FT'
DRIVE-IN BANK PER 1,000 FT'
MINI-WAREHOUSE PER 1,000 FT2
MOVIE THEATER PER 1,000 FT'
CALLS FOR
SERVICE
0.1742
0.1 133
0.1 133
0.1133
- -
RACQUET CLUB PER COURT 0.1 133
I DAY CARE CENTER PER 1.000 FT'
3
0.1 133 -
COST PER
UNIT
$401
$261
$261
$261
$261
$261
$261
Date Prepared: July 28,2004
Ordinance 38.2004
ALL SEES
PHARMACY WITH DRIVE THRU PER 1,000 FT'
0
1
2
3
4
- 0.201 1 $463 $53 $41 0
0.201 1 $463 $53 $41 0
SERVICE STATION PER FUELING STN.
CONVENIENCE RETAIL PER 1.000 FT2
0.201 I $463 853 $41 0
0.201 1 $463 $53 $41 0
Schedule 2: Police Protection Cost Schedule
TABLE INSET:
4
0
1
2
3
4
5
6
7
8
9
10
MEDICAL OFFICES PER 1,000 FT’
Date Prepared: July 28,2004
Ordinance 30,2004
0.831 6 $220.16 I $ 77.25 I $142.91
5
Date Prepared: July 28,2004
Ordinance 38,2004
01
2 TABLE INSET:
Schedule 3: Parks and Recreation Cost Schedule
4
5
6
RESIDENTIAL UNITS BY - SIZE*
1 nc 1 ud e 5 rn u 1 ti -f a m 1 1 Y and
Total Net
Occupants Cost Cost Credit - -
7
8
9
10
11
12
13
6
Date Prepared: July 28,2004
Ordinance 38,2004
01
2
3
Schedule 4: Road Cost Schedule
TABLE INSET:
7
Date Prepared: July 28,2004
Ordinance 38,2004
I
1
2
3
4
5
6
7
81
8
Date Prepared: July 28,2004
Ordinance 38,2004
LAND USE TYPE (UNIT)
9
Date Prepared: July 28, 2004
Ordinance 38,2004
1
2
3
4
5
6
7
8
0;:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
500.000 FT' 1 0.00086 I $1,437.57 I $0.00 1 $1,438.00
600.000 FP I 0.00083 I $1.387.42 [ $0.00 1 $1,387.00
** Riaht of Way cost not included in net cost.
SECTION 3. Section 78-93, Code of Ordinances entitled "Fees" is amended as follows:
Sec. 78-93. Independent calculations.
(a) Method of independent calculations. The feepayer has the option of submitting
evidence to the growth management director indicating the impact fees as established
in the schedules set forth in section 78-92 are not appropriate for the particular
development or that the feepayer or developer is entitled to additional credit. The growth
management director shall adjust the impact fee if substantial evidence is submitted that
clearly demonstrates an adjustment is necessary under the methodology upon which
the impact fee is based. The burden shall be upon the feepayer to provide all relevant
data, analyses, and reports which would assist the growth management director in
making a determination. The analysis and report must be based on generally accepted
practices and methodologies and the formulas set forth in this division.
(b) Independent calculation formulas. Any independent calculation shall use the
formulas listed below.
Police protection.
a. Cost per unit = Cost per Police call x Police calls per unit l+&kmai
10
Date Prepared: July 28,2004
Ordinance 38,2004
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
0:: 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(2) Fire protection.
a. Cost per unit = Cost per Fire/EMS call x Fire/EMS calls per unit
(3) Parks and recreation facilities.
a. Cost per unit = Cost per occupant x occupancy per unit
(4) Roads.
a. attributable travel [(trip rate x trip lencrthY21 * %new trips
b. new lane miles = attributable travel / lane capacity
c. construction cost = new lane miles x construction cost per lane mile
d. riqht of wav cost = new lane miles x riqht of wav cost
per lane mile
e. total cost = construction cost + riqht of way cost
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
However, the revised fee schedule shall not apply to substantially complete applications
received prior to December 1, 2004, provided that a building permit is issued within 45
days of receipt of the such substantially complete application.
(The remainder of this page left intentionally blank)
11
.l
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 e::
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45 1:
Date Prepared: July 28,2004
Ordinance 38,2004
PASSED this /qSday of t)VbUS7'
PASSED AND ADOPTED this ,&P day of Jrrk~3& ,2004, upon second
, 2004, upon first reading.
and final reading.
David Levy, councilmember-
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
AGAINST ABSENT FOR
/
BY:
\\Pbgsfile\Attomeybttomey-.share\ORDINANCES\IMPACT FEE -0RD 38 2004 draft1 1 .doc
12
ISSUE: Re-establish Town Hall Meetings (Page 1 , lines 21-24; page 2, lines 26-27)
RESPONSE: On March 31, 2005, the City Council hosted a Town Hall meeting for all
residents of Palm Beach Gardens to discuss community-wide interests and the future of
the community. Attached is the flyer that was displayed at all City facilities and events
that occurred during the weekend prior to the meeting (Le. the Green Market and the
Egg Extravaganza), and the press release that was submitted to the newspapers
reg a rd ing this meeting .
During the meeting, Mayor Russo announced that another Town Hall meeting will take
place in June, with the exact date to be determined. In addition, the subject of
scheduling future Town Hall meetings was discussed by Council during the April 7,
2005 Council meeting. The discussion included setting dates for June and October.
Due to Summer Youth Camp that will be taking place in the Burns Road Community
Center, the next meeting in June will need to be held in the Council Chambers. The
following are some recommended dates for Council to consider that are currently
available and do not conflict with other meetings in the Chambers: June 22, 23, 27, or
29.
Department Heads will also attend the future Town Hall meetings to answer questions.
TOWN HALL MEETING
MARCH 31,2005
THE CITY COUNCIL
OF THE
City of Palm Beach Gardens 0
Cordially invites all residents to attend a public
forum to discuss community-wide interests and
the future of the Gardens community.
What: Town Hall Meeting
Where: Burns Road Community
Center Auditorium
When: Thursday, March 31,2005
Time: 7:OOpm
For more information please contact
Amy Luetkemeyer at 799-41 28
Amy Luetkemeyer, Director of Public Relations
City of Palm Beach Gardens
10500 North Miliary Trail
Palm Beach Gardens, FL 33410 a-
m
Direct: (561) 799-4128
www pbqfl.com
PALM BEACH GARDENS Email: aluetkemeyer@pbgR.com
A Signatare Cily
City of Palm Beach Gardens Hosts
Town Hall Meeting
Palm Beach Gardens, &The Palm Beach Gardens City Council cordially invites all
residents to a “Town Hall Meeting” this Thursday, March 31,2005 at 7:OO p.m. in the
Auditorium at the Burns Road Community Center, 4404 Burns Road, Palm Beach
Gardens. The purpose of this public forum is to discuss community-wide interests and the
future of our City. All residents are encouraged to attend and participate.
For more information about this event, please contact Amy Luetkemeyer, Public
Relations Director, at 561.799.41 28. e For more information about The City of Palm Beach Gardens please visit www.pbgfl.com
######
ISSUE: Return the procedure of having a staff planner available at the desk to
field questions and assist in reviewing of documents. (Page 2, Lines 18 & 19)
RESPONSE: Currently, there is a ‘Planner On-Call’ schedule utilized everyday for
citizens who call or visit the City with Planning & Zoning questions and/or concerns. It is
structured so that between the hours of 8 a.m. and 5 p.m. every weekday there is a
Planner available to meet with and/or speak to the public. This schedule has been
active and strictly enforced for the past four (4) years, and has been generally practiced
for the past 10 - 15 years.
Parties who desire a more in-depth review of a particular project or who have site
specific questions are encouraged to contact the project manager directly for an
appointment so that adequate time may be spent reviewing the project and answering
questions.
To better inform the public about pending development applications, staff has set a
target date of June 1, 2005, to place a development application information chart on the
website that will include links to the applications (petitions) and staff reports with support
materials on those proposed projects. The location and project manager‘s contact
information will also be included on the chart. The development application information
will be posted on the website every Friday when the pending schedule is updated, and
the Planning, Zoning, and Appeals Board (PZAB) staff reports will be posted on the
website on the Friday prior to the PZAB meetings.
TOWN HALL MEETING
MARCH 31,2005
Planner On Call Schedule
Monday
Tuesday
Wednesday
Thursday
Friday
Time
8-1
1-5
8- 1
1-5
8- 1
1-5
8-1
1-5
8- 1
1-5
Staff
Nina
Heather
Nina
Heather
Heather
Richard
Heather
Richard
Richard
Nina
Extension
4218
4234
4218
4234
4234
4216
4234
4216
4216
4218
I
ISSUE: Reviewing Status of Development Applications. (Page 2, Lines 32 - 34)
RESPONSE:
One of the changes that the PGA Coalition recommended during the meeting was
providing the opportunity to review the status of all applications through the processes,
beginning with a notification on the website that the application has been submitted.
Currently, a hard copy of the City Council agenda, including all items and support
materials, is available for review in the City Hall Lobby at the front desk one week prior
to the City Council meeting. The approved minutes from previous Council meetings are
also available on the website or from the City Clerk’s Department. Additionally, the
entire agenda, including all items and support materials, is posted on the City’s website
at www.pbafl.com one week prior to the meeting. Interested parties may obtain an
electronic copy (on CD-ROM) or hard copy by requesting same from the City Clerk’s
Department. CD-ROM versions cost $1 per the City’s adopted Fees & Charges
Schedule, and hard copies are available at the rate per page as set by Florida Statutes
and adopted as part of the City’s Fees & Charges Schedule. Again, they may be
viewed at no charge at City Hall or on the website.
PZAB: A hard copy of the agenda, including all items and support materials, is
available for review in the City Hall Lobby at the front desk on the Friday prior to the
PZAB meeting, which is held the 2nd and 4‘h Tuesday of each month. In addition, the
approved minutes from previous PZAB meetings are available on the City’s website or
from the City Clerk’s Department. The current Planning & Zoning Pending Schedule is
available on the website by clicking City Departments, Growth Management, Planning &
Zoning. The PZAB agenda is also posted on the website, along with the project
manager’s name, telephone number and email address so that those who have
additional questions or who wish to view project plans may contact him or her to
schedule an appointment.
To date, the entire PZAB agenda packet including all items and support materials has
not been available on the website because of the size of the materials, both in actual
size (full plan sets) and volume. However, staff has set a target date of June 1 , 2005, to
place a development application information chart on the website that will include links
to the applications (petitions) and staff reports with support materials on those proposed
projects. The location and project manager’s contact information will also be included
on the chart. The development application information will be posted on the website
every Friday when the pending schedule is updated, and the PZAB staff reports will be
posted on the website on the Friday prior to the PZAB meetings. Throuah this system,
all new applications will be posted and available for viewinq within one week from when
the application is submitted. The trackinq of this application will be reaularlv updated to
include staff reports and other pertinent documents related to the petition.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: More detailed information on website about development applications.
(Page 2, Lines 35 and 36)
RESPONSE:
One of the changes that the PGA Coalition recommended during the meeting was
providing more detailed information as to the request of the website, not just the name
of the project. The density, intensity, and waivers requested should be noted.
There is currently a hard copy of the agenda, including all items and support materials
available for review in the City Hall Lobby at the front desk one week prior to the City
Council meeting. The approved minutes from previous Council meetings are also
available on the website or from the City Clerk’s Department. Additionally, the entire
agenda, including all items and support materials, is posted on the City’s website at
www.pbgfl.com one week prior to the City Council meeting. Interested parties may
obtain an electronic copy (on CD-ROM) or hard copy by requesting same from the City
Clerk’s Department. CD-ROM versions cost $1 per the City’s adopted Fees & Charges
Schedule, and hard copies are available at the rate per page as set by Florida Statutes
and adopted as part of the City’s Fees & Charges Schedule. Again, they may be
viewed at no charge at City Hall or on the website.
PZAB: A hard copy of the agenda, including all items and support materials, is
available for review in the City Hall Lobby at the front desk on the Friday prior to the
PZAB meeting, which is held on the 2nd and 4th Tuesday of each month. In addition, the
approved minutes from previous PZAB meetings are available on the City’s website or
from the City Clerk’s Department. The current Planning & Zoning Pending Schedule is
available on the website by clicking City Departments, Growth Management, Planning &
Zoning. The PZAB agenda is also posted on the website, along with the project
manager’s name, telephone number, and email address so that those who have
additional questions or who wish to view project plans may contact him or her to
schedule an appointment.
To date, the entire PZAB agenda packet including all items and support materials has
not been available on the website because of the size of the materials, both in actual
size (full plan sets) and volume. However, staff has set a target date of June 1 , 2005, to
place a development application information chart on the website that will include links
to the applications (petitions) and staff reports with support materials on those proposed
projects. The location and project manager’s contact information will also be included
on the chart. The development application information will be posted on the website
every Friday when the pending schedule is updated, and the PZAB staff reports will be
posted on the website on Friday prior to the PZAB meetings. Through this system, all
new applications will be posted and available for viewing within one week from when the
application is submitted. The tracking of this application will be regularly updated to
include staff reports and other pertinent documents related to the petition. 0
TOWN HALL MEETING
MARCH 31,2005
It should be noted that each Planning and Zoninq staff report contains detailed
information about each project, includinq the proiect description, densities and
intensities, surroundinq uses, waiver summaries (if applicable), and other kev issues
unique to each proiect.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Change the Land Development Regulations (LDRs) to require on-site
Preservation. (Page 2, Lines 37 - 40)
RESPONSE:
One of the recommended changes listed from the PGA Coalition was to “change the
LDRs to require the preservation of upland and wetland trees on site. Limited mitigation
may be allowed but all commercial sites need to be treated the same way residential
sites are.. .‘I
The City’s Comprehensive Plan currently requires the minimum preservation of 25%
upland native plant communities intact with canopy, understory and groundcover for all
parcels 40 acres or more. Furthermore, the City’s LDRs currently require the
preservation of all viable uplands on site (City of Palm Beach Gardens, Section 78-250
attached). Section 78-250 requires the preservation of “a minimum of 25 percent of
environmentally significant land, intact with canopy, understory and ground cover, such
as sand pine scrub, xeric oak forest, hardwood hammock, and pine flatwoods.”
The City currently does not have jurisdiction over the regulation, mitigation, and
permitting for wetlands. The permitting of these systems is regulated by the South
Florida Water Management District and/or the Army Corps of Engineers under Section
404 of the Clean Water Act.
However, the City’s Comprehensive Plan and LDRs do set forth specific rules,
regulations, and criteria that allow for mitigation for uplands provided that all the
requirements are met. As part of the approval process, City Council approval is required
for any alternative forms of mitigation (see Section 78-252 attached). These
regulations are applicable to all developments, including residential and commercial. In
other words, residential and commercial developments are regulated under the same
Code.
0
The City has recently transmitted amendments the proposed amendments to the
Department of Community Affairs (DCA) regarding amendments to the City’s
Conservation Element that would allow for off-site mitigation for parcels greater than 40
acres. The amendment will also provide for certain definitions and will clarify that the
City may approve either off-site mitigation or payment in lieu of preservation under
appropriate circumstances. The proposed language will be identical to the adopted
language in the County’s Comprehensive Plan regarding the off-site mitigation policy. A
copy of the proposed amendment to the Conservation Element is attached. After DCA
has reviewed the amendments, the City Council will conduct a public hearing to
consider adopted of the amendment.
TOWN HALL MEETING
MARCH 31,2005
3 a.
3b.
4a.
4b.
5.
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;
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
far 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. DeveIopment 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,
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
I CONSERVATION 6-6
LAND DEVELOPMENT 6 78-250
4. Due to the unique geometry of the site, it is the unavoidable consequence of
development for uses which are appropriate, given site characteristics.
The functions and values provided by wetland habitats to be destroyed are
already completely and fully replaced prior to occurrence of the proposed
impact to existing habitat.
5.
b. Density transfers. Wetlands shall be protected by use of clustering or similar site
development techniques to transfer development to upland areas on the same
site. Where development occurs within wetlands, the developer must mitigate the
function and value of those wetlands. Development activities within wetland
areas shall:
1. Occur at a density of no more than one dwelling unit per five acres;
2. Be clustered to the least environmentally sensitive portion of the site; and
3. Include design considerations to protect the wetland functions of the rest of
the site.
(4) Listed species. For a site on which listed species are known or suspected to be present,
one or more of the criteria listed below shall be satisfied.
a. The applicant successfully demonstrates that the proposed action will not
preclude the continued survival and viability of those listed species located on the
site.
The applicant presents a plan for relocation, either on site or off site, for those
listed species, which has been reviewed and approved by all agencies possessing
jurisdiction in such matters.
b.
(Ord. NO. 17-2000, Q 115, 7-20-00)
Sec. 78-250. Preserve area requirements.
(a) Minimum requirements. The minimum requirements listed below shall apply to all
required preserve areas for environmentally significant lands.
(1) Preserve area designations.
a. A minimum of 25 percent of environmentally significant lands, intact with
canopy, understory and ground cover, such as sand pine scrub, xeric oak forest,
hardwood hammock, and pine flatwoods, shall be set aside as a preserve.
The city council shall designate the portion of significant lands which shall be
preserved.
Any decisions regarding the designation of preserve areas made by the city
council shall be based on a recommendation from the growth management
department.
The city council shall have the authority and flexibility to define the preserve
area boundaries or adjust the size of such boundaries.
b.
c.
d.
-~ _. - _~~~- - -. ~ ~ ~ - __ -___ ~~~
Supp. No. 10 CD78:213
8 78-250 PALM BEACH GAR~ENS CODE
e. Any administrative decisions reg*ding the designation uf requirid preserve
areas may be appealed in writing to the city council. The appeal shall be made
consistent with section 78-245.
Any preserve area modifications resulting from the permit approval process
involving other federal or state agencies with environmental jurisdiction shall be
reviewed and approved by the city council or department, as applicable, prior to
commencement of land alteration or construction.
f.
(2) Lands to be set aside in preserve areas. Lands to be set aside in preserve areas shall
be identified and selected based upon the criteria listed below.
a.
b.
C.
d.
e.
f.
g*
h.
1.
j.
k.
1.
Supp. No. 10
The quality of habitats, the presence of listed species, proximity to other natural
areas, and other related environmental 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, including conservation easements pursuant
to F.S. Section 704.06, or as otherwise approved by the city council.
Of highest quality, capable of functioning within itself or in conjunction with
manmade features.
Clearly dehed, protected, and managed in such a way that it serves a purpose,
such as habitat protection, to the ecological and vegetative communities adjacent
to such area.
Contiguous, wherever possible, to an adjacent preserve, public park, school site,
or other permanent open space, or combination thereof.
Maintained as large open or green areas with the intent of preserving such areas
to promote self-sustaining, balanced plant growth, biodiversity, and wildlife
enhancement
Connected with other preserve areas to conceptually function as wildlife com-
dors.
100 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 long, narrow preservation areas is
discouraged.
Protecting and preserving of the following: all endangered and threatened plant,
animal, and marine populations. and the habitat of critical value to regional
populations of endangered and threatened species.
Consistent with applicable South Florida Water Management District regula-
tions, including the following:
1. 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,
~ __ ~- . ._ . - - -
CD78:214
LAND DEVELOPMENT 0 78-250
2. The upland buffer shall average 25 feet of width from the landward edge of
the wetland.
m. Removal of invasive nonnative vegetation, except phased removal as otherwise
authorized by the city council, at the time of development or redevelopment of a
site. Species to be removed include, but are not limited to, such species as
Brazilian pepper, Australian pine, and Melaleuca, and are identified in section
78318.
(3) Minimum dimension and total area.
a. The minimum length or width dimension of all required preserve areas shall be
at least 100 feet, except for preserve areas for historic or specimen trees when a
smaller size may be appropriate.
The preferred minimum land area for preserve areas is ten acres, with the
exception of preserves on lots of less than 40 acres.
When potential preserve areas will be ten acres or less and cannot be intercon-
nected with other preserve areas which will result in a preserve area of ten acres
or more, the city council may consider an alternative form of mitigation, as
described in sections 78-250 and 78-316.
b.
c.
(4) Conditions of approval. Any approved preservation plan, and accompanying develop-
ment order, shall, at a minimum, include the requirements listed below.
a. The applicant shall identify, flag, and survey wetland areas to be impacted for
review by regulatory agencies and the department at the time of environmental
permit application.
The applicant shall file, as applicable, environmental permit applications with
USACOE, PBC DERM, DEP, and SFWMD. The applicant shall provide findings,
permits, or other official actions of such agencies to the department for reference
and review prior to approval of construction drawings or commencement of land
alteration, whichever occurs first.
When a development order application includes a golf course, the applicant shall
provide to the department, prior to approval of construction drawings or com-
mencement of land alteration, whichever occurs first, all information listed below.
1. Amanagement plan for golf course construction to ensure best management
practices are incorporated to eliminate the potential for nutrient-laden
runoff into the wetlands. Techniques may include spreader-swale, inverted
fairways, and similar improvements.
2. Development POD, golf course and cart path topographic elevations.
The applicant shall take extreme caution when filling in and around preservation
areas to ensure the protection of the root zone and canopy drip line area. Changes
in pH, topography, or drainage shall not occur which may result in disturbance or
b.
c.
d.
- .- - __ - .
~ __ - - -
Supp. No. 10 CD78:215
Q 78450 PALM BEACH GARDENS C.O.DE:.
destruction of the preserve area. Protechon of preserve and. bufk amas shall be
monitored by the applicant during all land alteration and construction activities.
e. The proposed project shall be managed to ensure the following:
1. The protection of all listed plant and animal species;
2. The highest quality wetlands and uplands are preserved intact; and
3. To ensure that an adequate buffer is maintained around all preserved
wetlands. Written certification shall be provided by the applicant's land-
scape architect or environmental consultant stating the highest quality
preserve areas, buffer areas, and all listed plant and animal species have
been maintained on-site within a hnctional ecosystem. This certification
shall be submitted prior to commencement of land alteration or construc-
tion.
(b) Alteration within the preserve.
(1) Permitted alterations. Alteration within the preserve shall require department ap-
proval, and shall be limited to alterations listed below.
a. The construction of boardwalks, pervious walkways, and other passive recre-
ational or educational facilities.
b. 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 firebreak is preferred
to the construction of new access roads or fire lanes, which could result in the
introduction and spread of invasive nonnative plant species.
c. Unless otherwise approved by the city council, principal or primary public or
institutional buildings are prohibited in lands possessing a future land use plan
designation of conservation and within other environmentally sensitive lands,
including the following:
1. Wetlands;
2. 100-year flood plains;
3. Groundwater aquifer recharge areas; and
4. Areas set aside to meet the 25 percent preservation of native ecological
communities and native habitats as required by this division.
(c) Density bonus. Additional density. Any property possessing a future land use designa-
tion of residential high (RH) may have densities permitted up to 15.0 units per gross acre. The
additional density allow is based on one additional unit per acre allowed for every ten percent
of native ecological habitat put into a preserve within a PCD, up to a maximum of 15.0 units
per gross acre. These preserve areas shall be over and above the minimum preservation and
_ ~_~ ___ _ - -~
CD78:216
--
~ ~
Supp. No. 10
LAND DEVELOPMENT Ei 78-251 8 open space 'meas provided in accordance with standard PCD requirements and must be
incorporated into the pedestrian and nature trailways system described in the comprehensive
plan.
(Ord. No. 17-2000, 0 116, 7-20-00)
Sec. 78-251. Management plan.
(a) Management plan required. A management plan for the preserve area or any other
conservation areas within the city shall be prepared by the property owner or entity
responsible for management of the area, as determined by the growth management depart-
ment. The management plan shall include but not be limited to the following items:
(1)
(2)
(3)
(4)
(5)
(6) Maintenance of hydrological requirements.
(b) Prescribed burning. Periodic prescribed burning or other mechanical methods that
would simulate the natural processes of the natural historic fire regime may be required by the
city or department for some preserye or conservation areas.
Long term protection of the preserve or conservation area;
Removal of and protection on a permanent basis from litter and debris;
Avoidance of activities or land alteration which may disturb the preserve area;
Ongoing eradication, removal, and monitoring of invasive nonnative plant species;
Control of off-road vehicles; and
(c) Approval of management plans. Each management plan shall be approved, pursuant to
this division, by the growth management department before final approval of construction
drawings or commencement of land alteration, whichever occurs first. Each management plan
shall be approved by the city prior to incorporation of such plan as part of a conservation area,
open space, greenway, or wildlife corridor.
(d) Deed restrictions and similar requirements.
(1) Application. For those lands identified for preserve status, deed restrictions shall be
approved by the city attorney and placed on the lands and recorded in the public
records of the county. Alternatives to recording the deed restrictions include the
following:
a. Dedication of the preserve area to a public entity or private conservation group
approved by the city for the purposes of preservation,
Granting in perpetuity of appropriate restrictive conservation easements consis-
tent with the requirements of F.S. Chapter 706; or
Adoption of such other similar protective measures may be established as may be
approved by city council, upon completion of all review processes.
b.
c.
(e) Single family dwellings. 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 city.
-
Supp. No. 10 CD78:2 17
0 7tb.251 PALM BEACH GARDENS CODE e (0 Perpetuul maintenance. The perpetual maintenance and protection af designated pre-
serve areas shall be established by a legally binding, recorded instrument, which shall be
reviewed and approved by the city attorney. Such instruments shall include the provisions
listed below.
(1) State law. Utilization of F.S. Section 704.06, regarding the use of conservation
easements, provided a suitable means for maintenance and protection of such areas is
established.
Dedication to the city. Dedication of the preserve area or a conservation easement in
perpetuity to and with acceptance by the city.
Dedication to public agency. Dedication of the preserve area to a suitable public agency,
with approval of the city council.
Density transfer. Utilization of the density transfer provisions in section 78-249 to
allow retention of preserve areas in an undisturbed manner, provided suitable means
for maintenance and protection of such areas are established.
Retention by owners. Retention of the preserve area by a homeowners' or property
owners' association subject to the restrictions listed below.
a. Such preserve area shall remain undivided, and a lot unit owner or any other
person shall not be able to bring any action for partition or division of any part
thereof. Each lot or unit owner's undivided interest shall be preserved, protected,
and maintained through recorded covenants running with the land or a developer's
agreement. Title of such area shall be encumbered for the perpetual benefit of the
public generally, and all future use shall be consistent with the intent and
purpose of the preservation of open space, as provided in the city's comprehensive
plan and herein.
A stated obligation on behalf of the association to pay for the cost of care and
maintenance of all preserve areas; and
A management plan, approved by the city, shall be incorporated into the
association documents prior to final approval of construction drawings or
commencement of land alteration, whichever occurs first.
(2)
(3)
(4)
(5)
b.
c.
(Ord. NO. 17-2000, 0 117, 7-20-00)
Sec. 78-252. Alternative forms of mitigation.
(a) Purpose and intent. The purpose and intent of allowing the approval of an alternative
form of mitigation is to provide a public benefit to the city that equals or exceeds the expected
benefit that would have been derived fiom on-site preservation.
(b) AZternatiue mitigation programs. Alternative forms of mitigation that may be approved
by the city include, but shall not be limited to, the programs listed below.
(1) Off-site preservation. Off-site preservation of environmentally significant habitat
equal to or greater in size than the requirement stated in section 78-250.
supp. No. 10 CD78:218
LAND DEVELOPMENT
(2) Payment in lieu of preservation.
5 78-253
a. Cash payments in lieu of preservation of environmentally significant land, based
on appraised land value and as determined by the city council, shall be made to
a city fund established for the acquisition of land containing similar native
vegetation, other environmentally significant lands, or any ecological or environ-
mental improvements to public lands.
The beautification and environmental committee shall provide recommendations
to the city council for use of funds obtained in lieu of preservation of environ-
mentally significant lands,
The total sum of money required in lieu of preservation of environmentally
significant lands shall be determined by the amount of land normally required for
preservation and the location thereof. The value thereof shall be determined by
two property appraisers, who are members of the appraisal institute (MAI). One
appraiser is to be appointed by the city and the other by the developer. Each party
shall bear the expense of the respective appraiser appointed. Both appraisals
shall meet appropriate city standards. The amount of money determined by
averaging the two appraisals shall be paid by the developer to the city at the time
of final development order approval by the city council or as the city council may
authorize.
b.
c.
(3) Environmental restoration or creation. Restoration, reestablishment, or creation of
artificial environments which may occur within or outside the limits of a proposed
development. The applicant shall provide evidence that such mitigation will be
beneficial to species designated as endangered, threatened, or species of special
concern. The applicant also must demonstrate the area to be improved is equal to at
least 100 percent of the preservation area required by these land development
regulations.
(Ord. No. 17-2000, 8 118, 7-20-00)
Sec. 78-263. Removal of invasive nonnative plants and vegetation relocation.
Nonnative plants and vegetation relocation. The standards listed below shall apply to
invasive nonnative plant species and to vegetation relocation.
(1) Nonnative species prohibited. The installation of invasive nonnative species into any
preserve area in the city is prohibited.
Removal. Prior to the issuance of the first certificate of occupancy, all invasive
nonnative plant species, as defined in section 78-318, shall be removed from the entire
site, including the preserve area.
Verification of removal. A certificate of occupancy or other official acceptance of
completed work shall not be issued until all required removal of invasive species has
(2)
(3)
Supp. No. 13 CD78:219
PALM BEACH GARDENS CODE 6 78-253
(4) Removal of native vegetation. Removal of native vegetation shall be minimized in the
land development process. When feasible, native material shall be relocated on site.
Native vegetation which cannot be transplanted or relocated on-site is encouraged to
be offered for donation or to be sold by the applicant.
0
(Ord. No. 17-2000, 6 119, 7-20-00)
Secs. 78-254-78-260. Reserved.
DMSION 6. PUBLIC PLACES
Subdivision I. Art in Public Places
Sec. 78-261. Definitions.
(a) Definitions. The following words, terms and phrases, when used in this division, shall
have the meanings ascribed to them in this division, except where the context clearly indicates
a different meaning.
(1) Construction cost means total costs of buildings constructed on the site. This includes
total vertical construction of all buildings on a project site. All buildings within
planned unit developments and planned community districts shall be assessed
cumulatively towards the art in public places requirement, even if they are permitted
separately. If the aggregate cost of the entire project exceeds the $1,000,000.00
threshold, each phase of development shall pay the required one percent of construc-
tion cost towards art in public places for the building project.
Development means any capital project to construct or remodel any private or public
development, except residential, or any portion thereof within the limits of the city,
where total construction cost equals or exceeds $1,000,000.00.
Works of art mean all forms of the visual arts conceived in any medium, material, or
combination thereof, including but not limited to painting, sculpture, fountains,
engraving, carving, fiescos, mobiles, murals, collages, mosaics, bas-reliefs, tapestries,
photographs, drawings, and collaborative design projects between architects and/or
landscape architects and artists.
(b) Violations. Violation of this chapter shall be subject to enforcement as provided in article
(2)
(3)
VII.
(c) Art advisory committee.
(1) Creation. The city council shall appoint an art advisory committee which shall consist
of five regular members and two alternates. The members shall be residents of the city.
Members of the city council and representatives of for-profit arts dealers or consultants
shall not be eligible for membership.
a. Duties. The committee shall screen submissions of existing or commissionable
works of art and shall make a recommendation to the city council. The committee
*Editor’s note-Formerly, div. 5. See the editor’s note ch. 78, art. V, div. 3.
Supp. No. 13
~
CD78:220
Date Prepared: December 29, 2004
ORDINANCE 9,2005 1 e
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 a
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
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.
Date Prepared: January 14, 2005
Ordinance 9, 2004
1 .:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 4 26
27 .
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
SECTION 2. The Conservation Element of the City’s Comprehensive Plan is
hereby amended to read as follows:
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 endanqered species.
THREATENED SPECIES - Species that are likely to become endangered in the state
within the foreseeable future if current trends continue. This categow includes: (I 1
species in which most or all populations are decreasing because of over-exploitationl
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 beinq subjected to serious adverse pressures throughout their range.
ECOSYSTEM - An assemblage of living organisms (plants, animals, microorganisms,
etc.) and nonlivinq 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
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
1 .:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 4 26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
2.
%.
Date Prepared: January 14, 2005
Ordinance 9.2004
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;
2h
3. The City shall continue to require, through the Land Development Regulations,
that all development with significant 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 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 oercent set-aside. Such set-aside habitat shall be preserved
and managed in viable condition with existing canopy, understow, 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.
Land Development Requlations shall establish criteria for assessinq the cash
payment amount and for determinina 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.
...
3
Date Prepared: January 14, 2005
Ordinance 9,2004
1
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
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 163.3184(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)
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
4
~
1
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 & 26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Date Prepared: January 14,2005
Ordinance 9, 2004
PASSED this 18@ day of Fegww , 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
FOR AGAINST ABSENT
A
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
GAattorney-share\ORDINANCES\COMP PLAN - text amd - conservation element - ord 9 2005.doc
5
d
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
SubjecUAgenda 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 Attome ya
Christine Tatum
Development
ComplianceN/A-
Approved By:
Originating Dept.:
Growth Management:
Manager
Kara Irwin
Senior Planner
Action:
[ ] Quasi - Judicial
[XI Legislative
[XI Public Hearing
Advertised:
Date: 02lO3I2OQ5
Paper: The Palm Beach
Post
[ XI Required
[ ] Not Required
Affected parties:
[ ]Notified
[XI Not Required
FINANCE:
Costs: $-NIA
Total
$- NJA
Current FY
Funding Source:
[ ]Operating
[XIOther NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ]Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments: . Public Notice . Amended Goals,
* Ordinance 9,2005
Objectives, Policies
Date Prepared: January 14,2005
Meeting Date: February 17,2005
Ordinance 9,2d05
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 &WAC 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 tTeaty lists which Drovide 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) soecies in which most
or all oomlations are decreasing because of over-exploitation, habitat loss, or other factors: (2)
suecies 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 assemblane of living organisms (plants, animals, microornanisms. etc.) and
nonliving comuonents (soil, water, air. etc.) that functions as a dynamic whole through orpanized
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
Date Prepared: January 14,2005
Meeting Date: February 17,2005
Ordinance 9,2005
Page 3 of 13
0
2. Florida Game and Fresh Water Fish Commission
3. Florida Committee on Rare and Endannered 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 54:
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.
a
.. . 0 .. 3a. -, 255
3. The City shall continue to require. throunh the Land Development Regulations, that
all development with significant environmental impacts. including amicultural
development, set aside as preserve areas a minimum of 25 Dercent of the total
upland native Dlant 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 desinnate 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 around cover.
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
Date Prepared: January 14,2005
Meeting Date: February 17,2005
Ordinance 9,2005
Page 4 of 13
The City shall, for development occumw east of the Urban Growth Boundary,
have the option of acceptin? 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 assessinl! 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 ofren appropriate to allow offite
mitigation] or alternatively, the payment of money in lieu of on-site preservation, or a
combination of all methods, at the option of the Ci@ 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.
City of Palm Beach Gardens
LISTED SPECIES - Those species desimated
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 mecies.
THREATENED SPECIES - Species that are
likely to become endangered in the state within
the foreseeable future if current trends
continue. This catenow includes: (1) species in
which most or all populations are decreasing
because of over-exploitation. habitat loss, or
other factors; (2) suecies 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 beinp subjected to
Date Prepared: January 14,2005
Meeting Date: February 17,2005
Ordinance 9,2005
Page 5 of 13
;erious adverse pressures throughout their
ange.
XOSYSTEM - An assemblage of living
irganisms (plants, animals, microorganisms,
:tc.) and nonliving components (soil, water,
iir, etc.) that functions as a dynamic whole
.hrough 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: beachldune, coastal strand
hammock, freshwater marsh, freshwatei
ierious adverse pressures throughout their
'anne.
XOSYSTEM - An assemblage of living
manisms (plants. animals, microorganisms,
:tc.) and nonliving components (soil. water,
tir, etc.) that functions as a dynamic whole
hrounh orvanized energy flows.
ZNDANGERED, THREATENED, AND
SPECIES OF SPECIAL CONCERN (referred
o as listed species) - Plant and animal species
isted as endangered, threatened, or of special
:oncern bv one or more of the following
xenci es:
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 Deuartment 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
;wamp, high hammock, low hammock, pine
flatwoods, prairie, saltwater marsh, saltwater
swamp, scrub (sand pine), and tropical
iardwood hammock.
Staff comments:
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.
The City shall continue to require. throunh the
Land Development Regulations. that all
development with sirnificant environmental
impacts, including anricultural 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 ecosvstem. 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 mound
cover.
The City shall, for development occurring east
of the Urban Growth Boundary. have the
option of acceptinn off-site preservation or a
cash uavment in lieu of preservation and shall
accumulate such paments from development
for the purchase and manapement of off-site
upland native plant communities. The Land
Development Realations shall establish
criteria for assessing the cash payment amount
and for determininn which projects warrant the
use of the cash Dayment option. A property
owner of a platted upland Dreserve 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 speci3c to the
environment of the City.
Date Prepared: January 14,2005
Meeting Date: February 17,2005
Ordlnance 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 Bnger 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.
a
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 (CE) 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
Date Prepared: January 14,2005
Meeting Date: February 17,2005
Ordinance 9,2005
Page 9 of 13
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
Publidhstitutional (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
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. Staff has also updated the Capital Improvements Program to reflect
current data based on the current City budget.
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 diversified 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 specific 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 MAXLMIZE 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.
Staff 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
Meetlng Date: February 17,2005
Ordlnance 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 estabhhed 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 mount 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 SRPP, 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 comm en ts:
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)
e
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 Comm ent:
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 Ciy, 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 Jscally and
environmentally acceptable manner.
NEARBY LOCAL GOVERNMENT COMMENTSlOB JECTIONS
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:
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.
,
I
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
publlc 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 requlred. 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 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 endamered 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 endawered. 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 ranpe.
ECOSYSTEM - An assemblage of living organisms (plants. animals, microorganisms, etc.) and
nonliving components (soil. water, air. etc.) that functions as a dynamic whole throunh orpanized
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 Amiculture
5. Treasure Coast Regional Planning Council
Goals, Obiectives 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.
0 CoNSERVATxoN
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 of water 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;
0 CoNSERVAT1oN
6-2
e. Proposed developments comply with the Wellfield 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 are 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
0 CoNSERVAT1oN
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
0 CoNSERVAT1oN
6-4
properties containing environmentally sensitive lands.
Policy 6.1.5.2.: 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:
b.
C.
d.
e.
f.
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. Cypress swamp; a I. Freshwater marsh;
m. Mangrove swamp;
n. Oak forest;
0. Pine flatwoods, mesic and hydric;
p. Scrubby flatwoods;
q. Coastal dune and strand;
r. 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 US.- listed endangered, or threatened species
andor 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. a 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 S.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;
0 CoNSERVAT1oN
6-6
3. The City shall continuc to require, through thc I-and Dcvelopincnt Renhtions, that all
development with si~nificant environmental impacts, including amicultural develomnent, set
aside as preserve areas a mininiuni of25 Dercent ofthe 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 desiniiatc the portion OF the plant community
which will be included in the 25 percent set aside. Such set-aside habitat shall be preserved
aid managed in viable condition with cxisting canopy, understory, and ground cover.
Thc City shall, for development occurring within thc Urban Growth Boundam, have the
option of acceptina off-site preservation or a cash payment in lieu of preservation and shall
accuniulate such Daynients from develoment for the purchase and management of off-site
upland native plait communities. The Land Development lie~ulatioiis shall establish criteria
- for assessing the cash Daynicnt amount and for detcrniininn which projects warrant the use of
the cash paynient option. A woperty owner of a platted upland preserve shall not be allowed
to use thc off-sitc preservation or the cash paymcnc9ption to modify the preservearea.
4a.
4b.
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 37: Publidlnstitutional buildings shall be prohibited in the Conservation land use
designation and within other environmentally sensitive lands, including wetlands, 1 OO-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.
1.
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 a 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. Identified based on the quality of habitats, the presence of listed species, proximity to
other natural areas and other relevant factors.
b. Preserved in viable condition, with intact canopy, understory, and ground cover, and
maintained without infringement by drainage or utility easements.
c. Platted as separate parcels of land.
d. Of highest quality, capable of functioning within itself or in conjunction with
manmade features.
e. Clearly defined, protected and managed in such a way that it serves a purpose to the
communities around it.
f. Contiguous, wherever possible, to an adjacent preserve, public park, school site, or
human-made open space or combination thereof.
g. 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.
h. One-hundred-percent protected from alteration during site construction.
i. 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.
j. Protecting and preserving of all endangered and threatened plant, animal and marine
CONSERVATION a 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 and/or 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 0 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 Iand alteration, whichever occurs first, and/or 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.
0
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.
0 CoNSERVAT1oN
6-1 2
"0
ISSUE: Commitment to Pedestrian Activities (Page 3, Line 30)
RESPONSE: The City is committed to offering safe pedestrian facilities for all residents
and citizens. In our most recent roadway project, MacArthur Boulevard, we provided
improved crosswalks and walkways for pedestrians with street lights to enhance
roadway safety. Additionally, the City has an established sidewalk restoration program
for pedestrian improvements in its Gas Tax Fund budget. For FY 2004/2005, $100,000
is budgeted for the program (copy attached).
The major thoroughfares throughout the City (Le., Military Trail, Alternate AI A,
Northlake Boulevard, PGA Boulevard, etc.) are under the jurisdiction of the Florida
Department of Transportation and Palm Beach County. These entities control all
pedestrian activities and plans in conjunction with the Metropolitan Planning
Organization of Palm Beach County for any requested improvements.
Existing pedestrian facilities along these major thoroughfares include sidewalks,
signalized crosswalks with pushbutton operation, street lights at intersections, marked
crosswalks, and pedestrian ramps from the sidewalks to the roadway surface.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: The vision document (Page 4, Lines 24 - 45)
RESPONSE: Since its completion in December, 1996, the vision document, “Our
Vision - A Strategic Plan,” has been implemented and utilized as a guide to plan for and
manage growth in the City, along with the comprehensive plan and annual budget. As a
result, the goals, objectives and strategies in the vision document have been linked in
recent years to the City departments’ operating budgets. The current vision document
is now available to the public on the City’s website at www.pbafl.com, by clicking on
About Palm Beach Gardens, City Vision.
During City Council meeting on March 17, 2005, Council discussed the need to update
the vision document, and for Council to participate in a visioning process. Attached to
this response is a copy of two memos to Council about the Council’s visioning retreat,
which is scheduled for April 28-29, 2005. The main purpose of this retreat is to take the
first step in updating the current vision document, and to provide Council the opportunity
to participate in goal-setting and strategic planning, and set the overall direction for the
future. A trained, professional facilitator will guide the Council, City Manager and
department heads through a series of focused discussions that will get to the question
of what the City should look like in ten years, and to then establish goals and set
priorities to reach that vision. Issues such as those presented during the Town Hall
meeting on March 31, 2005 can also be included in the goals discussed at the retreat.
Following Council’s visioning retreat, a community visioning session will be planned and
scheduled for residents to participate and provide input into the updated vision, goals
and priorities at a future date. Combining the results from both Council and community
visioning sessions, staff will prepare a report and an action plan for Council
consideration and direction. This will form the basis to proceed further with updating the
current vision document.
TOWN HALL MEETING
MARCH 31,2005
TO: Mayor and Council DATE: April 8,2005 G THROUGH: Ron Ferris, City Manager
FROM: M Sheryl Stewart, Assistant to the City Manager
SUBJECT: Visioning Retreat Update
This memorandum is to provide an update on the Visioning Retreat to be held April 28 -
29,2005. A copy of the draft Agenda is attached as an outline of the schedule and topics
for the retreat.
The main purpose of this retreat is to begin the process of updating the current vision
document, “Our Vision - A Strategic Plan,” and to provide Council the opportunity to
participate in goal-setting and strategic planning. The goals of the retreat are:
1. To bring Council members and senior staff together to review and update the
SWOT (strengths, weaknesses, opportunities and threats) analysis of the city;
2. To build consensus regarding a vision statement of the City;
3. To identify key issues affecting the City, establish goals to address these issues
and set priorities for implementation over the next five - ten years; and
4. To develop and agree on future action steps, and provide direction to staff needed
to prepare an action or work plan for follow up.
During the retreat, Council will have an opportunity to incorporate items that arose
during the Town Hall meeting held on March 31, 2005, into the goals and objectives in
order to reach an overall vision of the City. In addition, there will be an opportunity to
discuss communications (listed on the draft Agenda as Council/Staff Relations).
The retreat will be facilitated by Marilyn Crotty, Director of the Florida Institute of
Government with the University of Central Florida. Ms. Crotty has extensive
professional experience facilitating these types of strategic planning/goal setting sessions
with numerous local ’ governments throughout Florida. I have attached her brief
biographical statement. Within three weeks after the retreat, she will prepare and submit
a final report on the findings.
Staff recommended holding the retreat at a location within Palm Beach Gardens due to
notice requirements under Florida’s Sunshine Law and to maximize our use of time and
available resources. Consistent with the Sunshine Law, the retreat will be recorded and
the public will be allowed to observe. The participants for this retreat will be Council
members and department heads. A community meeting will be scheduled for the public
to participate and provide input at a hture date.
~~~~
A summary of the overall approach is as follows:
1.
2.
3.
Council retreat with senior staff.
Community visioning session for the residents to provide input (date to be
determined).
Prepare a report and action plan, combining the results from both visioning
sessions, for Council consideration and direction. This will form the basis to
proceed with updating the current vision document.
We are pleased that you are participating in this important process. As requested during
the Council meeting on April 7, 2005, staff is prepared to review this update information
with Council at the next meeting on April 21, 2005.
Should you have any questions or comments, please contact me at 799-4132. We look
forward to working with each of you. Thank you.
Attachments
cc: Department Heads
DRAFT AGENDA
VIS IO N I N G RET RE AT
EMBASSY SUITES, PALM BEACH GARDENS
APRIL 28 - 29,2005
Thursday, April 28,2005 *
500 p.m. Introductions / Refreshments
6:OO p.m. Dinner
7:OO p.m. - 9:00 p.m. Review retreat process, agenda, and objectives
A vision for Palm Beach Gardens
Organizational Values
* Significant others optional to attend.
Fridav, April 29, 2005
7:30 a.m. Continental breakfast available
8:OO a.m. - 12:OO p.m. Revisit vision and values, establish mission
Environmental scan, update SWOT analysis
Strategic Issues Identification
12:OO p.m. - 1:OO p.m. Lunch
1 :00 p.m. - 500 p.m. Establish goals
Identify objectives
Set priorities
CouncillStaff Relations
There will a fifteen-minute break in the morning at 1O:OO a.m. and in the
afternoon at 3:OO p.m.
MARILYN E. CROTTY
Biographical Statement
Marilyn E. Crotty is the Director of the Florida Institute of Government at the
Central Florida in Orlando, Florida. In addition, she serves as the Executive Director of the Tri-
County League of Cities.
iiversity of
Ms. Crotty develops and presents workshops, seminars, and conferences throughout the state of
Florida on topics of interest to state and local governments. She has designed courses in
organizational development, management and supervision, customer service, leadership, and
media relations. She also facilitates strategic planning sessions for city and county governments.
Ms. Crotty is a faculty member for the Florida League of Cities Institute for Elected Municipal
Officials.
Prior to joining the staff at the University of Central Florida, Ms. Crotty directed the Institute of
Government at Valencia Community College. She has been appointed to many governmental
boards and has served on the East Central Florida Regional Planning Council, the Florida
Environmental Efficiency Study Commission, and the Governor's Commission on the Status of
Women.
A Florida native, Ms. Crotty has a broad background in community service. A former president
of the League of Women Voters of Seminole County and member of the League State Board, she
lobbied in Tallahassee, coordinated and directed the election of the first Silver Haired Legislature
for the state of Florida, coordinated statewide debates for gubernatorial and senatorial candidates,
and developed and managed a program for economically disadvantaged women in central
Florida.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Ron Ferris, City Manager DATE: April 8,2005
FROM: Sheryl Stewart, Assistant to the City Manager
SUBJECT: Visioning retreat chronology information
The following is a brief chronology regarding when the subject of a retreat was discussed
1
- 2
3
4
-
5
6
-
I Council.
DATE
Dec. 2,2003
Dec. 2,2004
April 15,2004
March 17,2005
March 3 1,2005
April 7, 2005
COMMUNICATION METHOD
2ity Council meeting discussion in response to a request
For information during public comment from a citizen
aegarding workshops.
Zity Council meeting discussion and direction to staff to
plan a retreat, during Council consideration of
Resolution 23 1, 2004, to establish a protocol for
representing the City before other government agencies
and boards.
Memo distributed to City Council with mail packets
prior to City Council meeting and referenced under the
City Manager ReDort.
City Council meeting discussion on the need to update
the vision document and for Council to participate in a
visioning process. The City Manager provided an
overview of the visioning retreat. There was reference
to prior plans for a retreat, which was postponed due to
municipal elections and two hurricanes in the fall of
2004. There was consensus among Council members to
have a retreat.
During the Town Hall meeting, Council talked about the
retreat, and how citizens’ comments are going to be used
as plans are formulated. Council also talked about
updating the vision plan and Charter review as subjects
for the retreat at the end of Anril.
Council discussed retreat and requested update at the
meeting on April 21,2005.
I have attached copies of the City Council meeting minutes available and the memos
referenced above. Should you have any questions or need further information, please
advise. Thank you.
cc: Mayor and Council
7
D
B
B
2
approved color or a petition to change the approved colors was approved. Councilmember
Delgado made a motion to approve based on what had been stated in the record. Vice Chair
Sabatello seconded the motion, which carried by 4-0 vote.
Jennifer Morton with Land Design South, in Palm Beach Gardens, announced she was a new
resident but was present tonight on behalf of Toll Brothers and their Frenchman’s Reserve
project, in particular the model homes that had been approved approximately two years ago.
Toll Brothers would like to add options for models. Ms. Morton asked ifnew models could
be approved through administrative process at staff level. Discussion ensued. Consensus was
to hold this item until later in the agenda when Councilmember Clark was present.
Manny Graham, Greenway Drive, North Palm Beach, asked for forgiveness that the Village
of North Palm Beach had gone ahead with changes to their comprehensive plan without
consulting the City regarding annexation.
Charles O’Meilia commented he understood the Northlake Task Force had a meeting next
Monday night and there was a meeting January 15 regarding annexation.
Roger Blangy, Garden Woods, expressed excitement over the railroad decision that quiet
zones could be established. Mr. Blangy reported cabbage palms planted in Garden Woods by
Mr. MacArthur were no longer to be trimmed by the City, and suggested the City continue
but trim these in their spare time and trim each tree for a nominal fee of $25.
Linda Hughey, Reed Drive, on behalf of Weekday newspaper, asked when the meeting for
the Northlake Boulevard Task Force would be discussed. Mayor Jablin responded it would
be at the January 15 meeting. Mr. Wu would be the representative for the City at the task
force meeting on Monday.
Julia Byrd, Daffodil Circle, requested information on when workshops could be held, which
was provided by the City Attorney, who explained they could be held and explained the
parameters.
CONSENT AGENDA:
Councilmember Delgado made a motion to approve the consent agenda. Councilmember
Russo seconded the motion, which carried by unanimous 4-0 vote. The following items were
approved on the consent agenda:
a.
b.
C.
d.
e.
Consideration of approving Minutes from the November 20, 2003 Regular City
Council Meeting.
Resolution 234,2003 - Traffic Control Jurisdiction agreement. A Resolution of the
City Council of the City of Palm Beach Gardens, Florida approving an agreement for
traffic control jurisdiction between the City of Palm Beach Gardens and the Bent
Tree Property Owners Association; and providing an effective date.
Resolution 236,2003 -Work authorization with LBFH for the master planning of the
Burns Road Community Recreation Center expansion. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving a work authorization
for engineering services with LBFH, Inc. in connection with the master planning of
the Bums Road Community Recreation Center, as well as site designing for
construction of a new pool; authorizing the Mayor and City Clerk to execute such
work authorization; providing an effective date.
Resolution 239, 2003 - Marina Gardens Plat 111 Plat. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the Marina Gardens
Plat III Subdivision Plat; and providing an effective date.
Resolution 240, 2003 - Agreement with PBCC for education and training. A
. .
CITY OF PALM BEACH GARDENS REGULAR MEETING, 12/2/04 5
authorization; and providing an effective date. City Engineer Dan Clark provided a
presentation. Councilmember Delgado made a motion to approve Resolution 224,2004. Vice
Mayor Russo seconded the motion, which carried by unanimous 5-0 vote,
Resolution 231. 2004 - Establishing a protocol for representing the City before other
government agencies and boards. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida, establishing a protocol for representing the city before other
government agencies and boards; and providing an effective date. City Manager Ferris
introduced the resolution for consideration. Discussion ensued regarding statements to the
media and attending advisory board meetings. Vice Mayor Russo requested this matter be
nd filly addressed in a few month
en Furtado, 43 18 Crestdale Str
a conduit to bring information back and forth, and she favored going back to
having liaisons. Consensus was to drop this matter at this time.
ORDINANCES:
Ordinance 45,2004 - Amendment to Map “0” of the Comprehensive Plan of the City of
Palm Beach Gardens, entitled “Conceptual Thoroughfare Plan,” to delete the portion of
Victoria Falls Boulevard (segment #12). An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida amending Map “0” of the Transportation Element of the
Comprehensive Plan of the City of Palm Beach Gardens. Entitled “Conceptual Thoroughfare
Plan.” To delete the portion of Victoria Falls Boulevard (Segment #12) extending from
Military Trail to Alternate A1A; and providing an effective Date. The City Clerk read
Ordinance 45, 2004 by title only. Mayor Jablin declared the public hearing open. Tim
Frohling, 152 Euphrates Circle, commented unfortunately Councilmember Delgado was not
present at the moment Mr. Frohling reported after his comments at the last meeting he was
accused of rumor mongering and lying, which was not the case-his basic source of
information had been Councilmember Delgado as reported in the minutes of Treasure Coast
Planning Council, and invited anyone who questioned his comments to read those minutes,
which were public information. Mr. Frohling asked what was to prevent a representative
from changing their vote in the future. Carolyn Chaplik 7 15 Hudson Bay Drive, The Isles,
commented due to the lateness of the hour approximately 30 residents of The Isles who had
been present earlier had now left, and they had been present to express their desire to have
Victoria Falls Boulevard removed from the comprehensive plan. Ms. Chaplik expressed
hope the City Council would vote unanimously to remove Victoria Falls Boulevard from the
City’s comprehensive plan to protect the health and safety of The Isles residents. Richard
Burns, 1208 Ligurian Road, The Isles, expressed his opinion that since Councilmember
Delgado had voted with the City Council in a unanimous vote on this issue that she should
not have changed her vote and voted the opposite way at Treasure Coast Regional Planning
Council, since she represented the residents of the City of Palm Beach Gardens. Mr. Burns
read from a transcription which had been transcribed from the Treasure Coast Regional
Planning Council meeting of 10/15/04 containing Ms. Delgado’s comments made at that
meeting. John Millinson, 1200 Ligurian Road, The Isles, reported he was head ofthe original
landscape committee and he surveyed the community for damaged trees on the property,
which took him 13 hours over 5 days to walk approximately 2/3 of the property and he did
not think Ms. Delgado had spent that kind of time knocking on every door, and expressed his
opinion that no contact had been made. Will Wagner, 1108 Ormoco Way, The Isles,
indicated he moved there because it was a pedestrian community, and having Victoria Falls
_. . .
._ .
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/15/04 2
would not become Jog Road, and commented that PGA National residents did not want any
expansion on the south side ofPGA Boulevard. Mayor Jablin indicated the Council and staff
would do their best to protect the residents. The City Manager reported the City would work
to influence DOT and would post updates on the website. Following a short break, the
meeting reconvened.
Report on the Honda Classic - Staff reported the Honda Classic had been a successfbl event
which provided economic benefit to the City. Cliff Danley, Director of the Honda Classic,
thanked everyone for working to make this a great event, indicated several hundred thousand
dollars had been raised to help children’s charities, and reported a new partnership with the
Nicholaus Family Foundation who was building a children’s cancer hospital. Vice Mayor
Russo was thanked for his efforts. Joan Elias indicated she had been a volunteer and she
looked forward to volunteering next year.
ITEMS OF RESIDENT INTEREST:
Councilmember Levy reported he had expressed concerns to the legislative committee
regarding agricultural enclaves. City Manager Fems reported staff was working on
recommendations for improving the City’s boards. Vice Mayor Russo requested he be
advised when Mr. Sabatello had a project in for approval so he would know when to abstain
from voting. Councilmember Clark reported the MPO agenda had included discussion of
allowing Sunpass to betused at the Palm Beach International Airport, the Jupiter Tri-Rail
extension, and a new trail system to connect J. W. Corbitt Recreation Area to Grassy Waters
Preserve. Councilmember Clark reported representatives of the turnpike authority had
provided information on traffic growth at the PGA Boulevard exchange indicating a 19%
increase last year alone. Mayor Jablin reported he had attended Northlake Boulevard Task
Force meeting and learned the contract had been delayed 30 days, and reported hnding for
this year and next year had been discussed. Mayor Jablin announced the City would host
2004 Florida State Firefighters Games with a kickoff event on May 1.
CITY MANAGER REPORT
e City Manager reported staff
was looking into the issues of multiple people living in one single-family residence.
COMMENTS FROM THE PUBLIC:
Dr. Richard Oman, 4203 Oak Street, spoke as Vice President ofthe PGA Residents Corridor
Coalition to express concern regarding the proposed Borland Center project, and requested
this not be heard by the City Council as scheduled on May 6 since there had been violations
within the hearing process. The City Attorney indicated this matter had not been noticed for
discussion tonight and comments should be brought to the public hearing scheduled for May
6th. It was reported that a meeting was scheduled with Dr. Orman to meet with staff to
express concerns.
CONSENT AGENDA:
Councilmember Clark made a motion to approve the Consent Agenda. Councilmember Levy
seconded the motion, which carried by unanimous 4-0 vote. Therefore, the following items
were approved on the Consent Agenda:
a. Consideration of approving Minutes from the March 18,2004 Regular City Council
Meeting.
b. Consideration of approving Minutes from the March 24, 2004 Special City Council
Meeting.
CITY OF PALM BEACH GARDENS
MEMORANDUM
~ TO: Mayor and Council DATE: April 15,2004
APPROVED: Ron Ferris, City Manage * m FROM:
SUBJECT: Visioning update
Several years ago, the City embarked on an intensive visioning process which included
input from and hard work by City Council, staff and many residents. Through the
process, a preferred vision of the future of the City emerged, and the goals, objectives and
strategies translating that vision into reality were identified and developed. This work
was captured and presented in the document “Our Vision - A Strategic Plan,” which has
since been implemented and utilized as a guide to plan for and manage growth in the
City, along with the Comprehensive Plan and annual budget. As a result, the goals,
objectives and strategies in the Vision document have been linked in recent years to the
departmental operating budgets.
Sheryl Stewart, Assistant to City Manager
In light of the changes that have occurred over time, staff has observed that there may be
a need to re-examine and update the City’s Vision document. Considering recent
developments of The Scripps Research Institute’s locating in the area, this presents an
ideal opportunity for Council to participate in a visioning and goal-setting process. In an
effort to anticipate, plan and successfully embrace the changes that lie ahead, staff is
presenting the following approach for Council consideration.
Part I: Council retreat
To obtain background information and set the tone for the retreat, as a first step Council
members would be provided an opportunity to tour The Scripps Research Institute in La
Jolla, California. The purpose would be to learn about the impact Scripps has had on the
San Diego area, and how it applies to Palm Beach Gardens. After returning from the trip,
Council members would then attend a one full-day retreat to engage in visioning and
goal-setting for the next ten year timeframe. This would be facilitated by a professional
trainer, and include a S.W.O.T. (strengths, weaknesses, opportunities, threats) Analysis,
discussion regarding vision statement and values, establishing goals, determining
objectives and setting priorities.
Part 11: Council and Staff retreat
Last summer, various employees from City departments began the process of revisiting
the vision document. This next step would provide staff an opportunity to plan with
Council and align priorities. This would be facilitated by the same professional trainer as
Part I.
Part 111: Community workshop
With the assistance of the professional facilitator, staff and Council would involve the
community in the goal-setting, visioning process. Residents would be invited to
participate and provide input.
Part IV: Staff follow-up with Council
Based on the information gained through Parts I through 111, staff would prepare a vision
document and present it to Council for discussion and action. This would serve as an
updated policy framework and strategic plan for the City for next ten years.
Tarpet timeline
Staff recognizes the need to provide Council with sufficient notice and time to schedule
for this important and exciting process. Therefore, the timeline below is being
recommended for discussion and planning purposes.
Part I: Council retreat
1. Tour of Scripps in La Jolla, California: travel out on or about June 20, 2004,
return on or about June 23,2004.
2. Facilitated visioning and goal-setting process locally, one-day, June 28 or
June 29,2004.
Part 11: Council and Staff retreat - July 8 or July 9, 2004 (July 1 and July 15 are Council
meetings)
Part 111: Community workshop - Target the week of September 27,2004
The idea would be to plan this for when seasonal residents have returned, as well
as considering holiday schedules and public budget hearings.
Part IV: Vision document to Council - November 4,2004
Should Council approve the concept outlined above, staff will proceed with obtaining a
facilitator, finalizing the timeline and planning logistics.
a
CITY OF PALM BEACH GARDENS
MEMORANDUM
Mayor and Council DATE: March 17,2005
/7 I THROUGH: Ron Ferris, City Manager @&&.
/
FROM: Sheryl Stewart, Assistant to the City Manager
I SUBJECT: Retreat update
Since a staff retreat during the summer of 2003, various employees from city departments
began the process of revisiting the vision document from an internal planning
perspective. One of the significant accomplishments was the creation of a draft vision
statement for Palm Beach Gardens: “A signature city which celebrates quality of life, by
fostering an environment of excellence.”
Currently, plans are underway for a second retreat to be held on April 28 - 29,2005. We
invite you to attend and participate with staff. The goals for this retreat are:
1. Bring Council members and senior staff together to review and update the SWOT
(strengths, weaknesses, opportunities and threats) analysis of the city;
2. Build consensus regarding a vision statement of the city;
3. Identify key issues affecting the city, establish goals to address these issues and
set priorities for implementation;
4. Develop and agree on fbture action steps.
Attached is a draft outline of an agenda which is still evolving as of this memo.
The retreat will be facilitated by Marilyn Crotty, Director of the Florida Institute of
Government with the University of Central Florida. Ms. Crotty has extensive
professional experience facilitating these types of strategic planning/goal setting sessions
with numerous local governments throughout Florida. Within three weeks after the
retreat, she will prepare and submit a final report on the findings.
Staff recommends holding this retreat at a location within Palm Beach Gardens due to
notice requirements under Florida’s Sunshine Law and to maximize our use of time and
available resources. Consistent with the Sunshine Law, the retreat will be recorded and
the public will be allowed to observe. The participants for this retreat will be Council
members and department heads. A community workshop will be scheduled for the public
to participate and provide input at a future date.
The purpose of this memo is to provide you with a brief overview. We hope you will
save the dates and participate in this important process. As we kickoff the event on April
28, 2005, we would like to extend an invitation for you to bring your significant other to
join us for the evening.
Staff will be following up with you regarding attendance and to provide you with more
information as plans and logistics are finalized. Should you have any questions or
comments, please contact me at 799-4132.
0
We look forward to working with each of you.
Attachment (draft agenda)
cc: Department Heads
DRAFT AGENDA
VISIONING RETREAT
EMBASSY SUITES, PALM BEACH GARDENS
APRIL 28 - 29,2005
Thursday, April 28,2005 *
500 p.m. Introductions / Refreshments
6:OO p.m. Dinner
7:OO p.m. - 9:00 p.m. ' Review retreat process, agenda, and objectives
Overview of work from last staff retreat
* Significant others optional to attend.
Friday, April 29, 2005
7:30 a.m.
8:OO a.m. - 12:OO p.m.
12:OO p.m. - 1:00 p.m.
1 :00 p.m. - 5:OO p.m.
Go n t i n en t al breakfast avail able
Environmental scan, update SWOT from 2003
Discuss organizational values
Revisit and establish a vision statement
Lunch
Issues identification
Establish goals
Set priorities
Direction for implementation (define action steps to
follow through on results from retreat)'
There will a fifteen-minute break in the morning at 1O:OO a.m. and in the
afternoon at 3:OO p.m.
ISSUE: Upland Preservation and on-site & off-site mitigation (Page 5, Line 12 &
Page IO, Line 33)
RESPONSE: Upland preservation and on-and off-site mitigation requirements are set
forth in the City’s Comprehensive Plan and Land Development Regulations. In
February of this year, the City Council transmitted a text amendment to the
Conservation Element of the Comprehensive Plan which updated the definitions section
of the element and amended other language to be consistent with Palm Beach County’s
Comprehensive Plan and the Treasure Coast Regional Planning Council’s Strategic
Regional Policy Plan. The Comprehensive Plan continues to require a minimum of a 25
percent set-aside for preservation for new development. The proposed language also
clarifies the requirements to be met in order for the City Council to approve and accept
off-site mitigation in lieu of on-site preservation. The off-site mitigation option allows the
City to accumulate valuable, sustainable, and sizeable ecosystems that flourish where
otherwise they might fail.
Attached are the following which provide the information referenced above:
Ordinance 9, 2005 - Conservation Element text amendment
Policy 6.1 3.6 of the City’s current Conservation Element
Section 78-250 of the City’s Land Development Regulations
In practice, the City’s conservation policies are strictly adhered to and every effort is
made by the City’s Forester to ensure compliance with the intent of these policies. For
example, the Legacy Place development order allowed off-site mitigation, which was
combined with the preserve area located on an adjacent parcel of yet-to-be-developed
land. This has resulted in a more viable preservation area of ten acres of upland
preserve in combination with a ten acre existing lake, rather than a series of
unconnected small preserve areas.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Need for additional Code Enforcement Officers (Page 4, Line 11)
RESPONSE: The Code Enforcement Division has requested two additional full-time
staff members in its proposed FY 200512006 budget.
The FY 200512006 budget will be presented to Council for approval at two required
public hearings in September.
TOWN HALL MEETING
MARCH 31,2005 .
ISSUES: Staff controls the City Council, (Page 5, Line 29)
Attendance of the City Attorney at meetings (Page 5, Lines 30 - 33)
RESPONSES:
Staff controls the City Council: The City of Palm Beach Gardens operates under a
Council-Manager form of government as currently set forth by the City Charter and
Code of Ordinances. One of the fundamental principles of the Council-Manager form of
government is the separation of policymaking and administrative roles between the City
Council and the City Manager, which ensures consistency and accountability. Council’s
role as chief policymaker is enhanced by a manager responsible and accountable to
execute and administer Council’s policies. Council provides direction to the City
Manager, who then provides direction to the staff and implements the policies set by
Council. Often for Council to make policy decisions, staff will provide technical
information and recommendations and keep Council informed of critical issues in the
community. However, staff does not control Council. Only Council can make laws and
establish policies, and the City Manager and staff carry out such policies. In addition,
Council issues directives as a unified body to the City Manager during Council
meetings, and staff provides research and information in response to those directives.
The support materials attached to this response contain the sections of the Council-
Manager Form of Government Report that are related to this issue. The full report was
provided to Council on March 24, 2004, discussed during the Council meeting on April
1, 2004, and provided to new Council members during their orientations. As indicated
in the minutes (attached), portions of the report, including the agenda-setting process,
was approved by Council on April 1, 2004. Up until this time, the practice of setting the
agenda had been the responsibility of the mayor, even though this practice has not
specified in the City Charter or in Code of Ordinances. The recommendation that was
approved on April 1, 2004, clarified that this function is administrative and therefore
within the purview of the roles and responsibilities of the City Manager and staff, and
that all Council members would have the opportunity to act as a whole on the agenda.
@
Attendance of the City Attorney at meetinqs: Pursuant to the City Charter, Section 6-2
(attached), the City Attorney serves as the chief legal advisor not only to the City
Council, but also to the City Manager and the City’s departments. The City Manager
has determined that it would be prudent, to protect the City’s interests, that the City
Attorney attend any meeting of staff with outside parties when: (1) the attendees are
bringing their attorney to the meeting; (2) the matter involves pending or threatened
litigation; or (3) when the staff feels that significant legal issues will be discussed.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS REGULAR MEETING, 4/1/04 4
RESOLUTIONS:
Resolution 99.2004 - Opposing Senate Bill 171 2 and House Bill 1 161. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida opposing Senate Bill 1712 and House Bill
1 161; and providing an effective date. Councilmember Clark made a motion to approve
Resolution 99, 2004. Councilmember Delgado seconded the motion, which carried by
unanimous 5-0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Appointment of Council Liaisons to Internal. External and SPecial Proiect Advisory
BoardsKommittees and Organizations - Consensus was obtained for appointment of staff
member liaisons to internal boards. City Manager Ferris announced those appointments would be
brought back by staff. The following liaisons were agreed upon: Intergovernmental Issues -
Liaison David Clark and Alternate Liaison Councilmember Delgado; Loxahatchee Coordinating
Council Liaison David Levy; Municipal League Designated Voting Member Ron Ferris; North
County Governmental Liaison Mayor Jablin; Northlake Boulevard Task Force Liaison Mayor
Jablin and the other appointee Mr. Wu, and to keep other staff appointees to the Task Force the
same; Seacoast Utility Authority City Manager Ferris; and MPO (Metropolitan Planning
Organization) Liaison Councilmember Clark, with Mayor Jablin as alternate. Consensus was to
make the Budget Oversight Committee a regular committee, which would be brought back and
codified. Gardens United was discussed and the City would keep in touch with them. Blue
Ribbon Committee had been dissolved. Economic Development Oversight Committee would
also be brought back and codified. GNA (Gardens Neighborhood Association) and Municipal
Complex Art Task Force had been sunseted. The Education Advisory Board would be brought
back for revamping for another year.
Setting the Agenda - Mayor Jablin reported he had been responsible for setting the agenda, but
had no problem relinquishing that task. The City Manager and staff would now set the agenda.
Mayor Jablin requested meetings not extend more than four hours. Councilmember Russo
stressed operating should be under the Council Manager form of government and that staff
should not go out on their own and the whole Council should act together, and no one should act
out of their purview. Manager Ferris indicated if there was a question regarding his
determination between policies and administrative, he would place the item on the agenda. A
directive from the Council should be received before staff time was used on requests from
individual Councilmembers; however, staff would provide research for presentation materials. A
position should not be taken by one Councilmember without consulting the whole Council.
CITY ATTORNEY REPORT:
The City Attorney announced she and the City Clerk had prepared a handbook which had been
given to each member of the Council and would be distributed to each board and committee
member. The handbook explained the Sunshine Law, voting, and would serve as a guide to local
government.
0
CITY OF PALM BEACH GARDENS
. _MEMORANDUM
TO: Mayor and Council
DATE: March 24,2004
THROUGH: Ron Ferris, City Manage
FROM: Sheryl Stewart, Assistant to City Manager
LSUE3JECT: Report on Council-Manager Form of Government
This is to provide for your review the attached report which staff was directed to research
and prepare concerning the roles and relationships among the Mayor, Council and City
Manager under the Council-Manager form of government as currently set forth by City
Charter and Code of Ordinances. As requested, the report includes recommendations to
Council regarding:
1. The agenda-setting process;
2. City advisory boards and committees, including the council liaison system and the
board process.
Staff is available to schedule individual meetings to discuss this report at your earliest
convenience. This is important because appointments of council liaisons to city advisory
boards, committees and organizations is usually addressed according to past practice
during the post elections organizational meeting of Council, which will occur on April 1,
' 2004.
Attachment
Report to City Council on the Council-Manager Form of Government
During the City Council meeting on June 19, 2003, staff was directed to review
the roles and relationships among the Mayor, Council and City Manager under
the current council-manager form of government set forth by City Charter, and
bring back recommendations to Council regarding the following areas:
1. Agenda-setting process: Review and discuss the roles of the Mayor,
Council and City Manager as it relates to how the agenda is set prior to
versus during council meetings.
2. City Advisory Boards and Committees:
a) Review the council liaison as a system the way it is currently
conducted and written in Ordinance. Discuss the advantages and
disadvantages of having council liaisons and make
recommendations as to what the specific role should be;
b) Review the board process as a whole. Discuss the purpose of our
advisory boardslcommittees as written in Ordinances, and make
recommendations on how the process could improve.
This report is organized into the following sections:
Page
I. Executive Summary I
IV. Agenda-setting process 1.11-12
II. Briefing Summary 2-6
Ill. Current roles and relationships of Mayor, Council and City Manager
V. City advisory boards and committees
7-10
A. Review of council liaison system 13-1 6
8. Review of board process as a whole 16-21
C. Recommendations 21-23
The reader will find several core principles that have been repeated in this report
in order to provide a consistent explanation regarding the council-manager form
of government and how it applies to the agenda-setting process, council liaisons
and the city’s advisory boards and committees. Those core principles are:
43 The separation of policyma kingmd administrative roles ensures consistency
and accountability, and protects council from the potential or perception of
liability. I
*:* All council members are equal (one person, one vote) and kept equally
informed.
43 Effective citizen involvement in the governing process.
Roles and Responsibilities in the Council-Manager Form of Government *
0’
0’
qesponsible for day-to-day
jecision making in the
administration and operations
Df the city, independent of
Zouncil. This includes the
management, supervision
and performance of
departments and employees.
Keeps council informed on
critical issues and decisions
concerning city
administration / operations.
Advises and makes
recommendations to council
on policies and all city affairs.
Executes, implements
policies set by council.
Prepares, submits annual
budget to council;
administers council-approved
budaet.
Appointed by and serves at
the pleasure of council.
?esponsible as a body to
make policy decisions and to
adopt ordinances, which are
official legislative acts that are
regulatory and enforceable as
local laws.
Appoints, directs, reviews
performance of the city
manager on the basis of
executive and administrative
qualifications and
accomplishments.
Focuses on policymaking
unencumbered by the
executive and administrative
responsibilities of the city
manager; deals with
employees solely through the
citv manaaer.
~~~~~ Sets the city’stax rate and
approves annual budget.
Establishes financial policy
and set priorities.
Each member is elected by the
citizens; each member has an
equal voice and vote in city
council Proceedinas.
Currently makes appointments
as a body to citizen advisory
boards/ committees; may serve
as liaison to same in a
nonvoting capacity.
Appoints and removes city
manager, city attorney, city
engineer and city auditor.
Presiding official at city
council meetings.
Recognized as the head of
city government for all
ceremonial purposes.
Focuses on policymaking
rather than the day-to-day
administrative duties of the
city manager.
City official designated to
represent the city in other
governmental meetings.
Has one voice and one
vote in city council
proceedings.
** Sets the agenda for
council meetings.
*As currently specified by the City of Palm Beach Gardens City Charter, Article Ill, Section 3-1 (Form
of government), Article VI, Section 6-1 (City manager), Article IX, Section 9-1 (Powers and duties of
the mayor), and the Code of Ordinances, Chapter 2, Article Ill, Section 2-82 (Establishment of boards)
and Section 2-86 (Role of council liaison).
** This is a current practice which is not specified by city charter or ordinance.
Detailed Report
The City of Palm Beach Gardens’ City Charter specifies that the city operates
according to the council-manager form of government. As shown on the
attached chart, the current roles of council, mayor and city manager are specific
and based upon a fundamental definition. As a legislative body, city council
members set policies and appoint a city manager who is responsible for
executing such policies and handling the day-to-day administration and
operations of the city. This form is distinguishable from other forms of
government because it combines the political leadership of officials elected by
the citizens to make decisions which represent the community’s interests, with a
professional manager selected by the officials based solely upon professional
qualifications, knowledge, training and experience. As a result, the management
of city business is removed from politics, and the city manager is able to make
decisions independent of council in an objective, unbiased, non-political manner.
In addition, elected officials, who are not responsible for handling administrative
and operational matters, can focus their time and energy on policymaking and
determining community needs.
Under the council-manager form of government as defined by the charter, the
mayor is recognized as the ceremonial leader or head of the government. A
principal responsibility is to serve as the presiding official who facilitates council
meetings. A current practice of the mayor has been to finalize items or issues
which appear on the agenda prior to council meetings. The agenda-setting
process will be addressed further in Section IV of this report. Another mayoral
role is to attend intergovernmental meetings or events, and like other council
members to provide reports on such activities during council meetings. However,
it is important to emphasize that each council member, including the mayor, has
an equal voice, an equal vote and an equal access to information through the city
manager.
As described above, council’s role as a body is that of chief policymaker and the
city manager’s role is that of chief executive and administrator. For these roles to
function efficiently and effectively under a council-manager form of government,
the council and city manager often work collaboratively. With input from the city
manager, council focuses on policies related to the city’s goals, major initiatives,
and long-term issues such as growth, land use development, capital
improvements and strategic planning. The city manager is responsible for the
day-to-day decision making concerning the city’s administration and operations,
provision of programs and services, for keeping council informed of critical issues
and for providing technical information and recommendations. However, only
council can make laws and establish policies based upon which the city manager
provides the administrative leadership to implement such policies, analyze their
impacts and make adjustments if necessary. As a result, mayor, council and
manager form a policymaking and management team,
7
Detailed Report
For example, one of the most important tasks for council each year is to review
and approve the budget. The city manager knows the status of the city’s
finances, personnel and projects and is expected to work within the limits set by
council through the budget. As the budget is prepared, however, the city
manager often presents options for council to consider. The city manager also
keeps the council informed concerning new demands or improvements to
services and the impact on operations and costs regarding such services. While
the city manager advises and makes recommendations, the council makes the
final decision as to whether to make changes to levels of service and provides
direction accordingly. Priorities and policies set through this cooperative effort
enhances council’s effectiveness as the community’s legislative authority.
As the city has grown, so have the issues related to such growth and the
importance of adhering to role distinction between policymaking and
administration. Some examples of the complex challenges related to growth
include dealing with development, land use and zoning, traffic, compliance with
state and federal laws, economic development, public safety, information
technology, labor and personnel, and planning for when we are “built out.” With
access to resources and control of staff, the city manager can work on finding the
best solutions to offer council based upon current information, professional
expertise and objective judgment. As a result, council is protected from frequent
public perception that important decisions are being made on the basis of
political favoritism or support, for example, to appease those who make
campaign contributions. In the end, council is in a better position to make sound,
unbiased policy decisions, and politics is kept out of administrative decisions.
Ramifications of when the roles breakdown
Under the council-manager form of government, the council’s ultimate authority is
to determine how well the city is operating and performing as an organization,
and to evaluate the city manager accordingly.
As indicated on the attached chart, one of the fundamental elements specified in
the city’s charter is that council members are free to focus on policymaking
unencumbered by the executive and administrative responsibilities of the city
manager. Further, the charter requires that council deal with city employees
solely through the city manager. In practice, this means that council’s role as a
governing body is strengthened and supported by a manager who has the
administrative responsibility to carry out council’s policies. It also means that
council should issue directives as a unified body through the city manager. While
council may contact department heads, for example, to request information of a
routine nature, council should make such requests and channel all
communications, administrative and operational issues directly to the city
manager to handle. The reasons are as follows:
8
Detailed Report
1. The citv manaqer is being held responsible and accountable to ensure
that council members get the proper answers and information, or
recommendation in a timelv manner and in accordance with council policy.
Responsible for the daily administration and operations of departments,
the city manager has a better understanding of employees’ work programs
and how much time and resources are needed to adequately respond to
council. Staff understands that they work through the city manager. Since
employees work at the direction of the city manager, anytime a council
member does not follow this chain of authority there is confusion and
friction in the administrative structure. Continuing this practice could
undermine the relationship between council and city manager if employees think it is acceptable to by-pass the city manager. 1
2. It violates the citv charter provisions which delineate the separation of
responsibilities between policvmakinq and administration. These
provisions are in place for council’s protection. One of the important
benefits of the council-manager plan is that it offers council protection from
personal liability or the perception of liability for acting outside their official
legislative responsibilities. When acting within their lawful authority as
policymakers, generally council members are not individually or
collectively liable for the consequences of ordinances they adopt. When
acting administratively or failing to do so when the law requires it, there
may be legal, personal, financial and/or political consequences.* On the
subject of directly making requests or giving instructions to employees
without going through the city manager, there have been cases where
council members have been found in violation of the city’s charter, which
constituted legal grounds for a recall election to remove them from ~ffice.~
This was due to persistent and repeated violations of the council-manager
form of government which requires that council members refrain from
interfering with administration.
Furthermore, once council has directed an issue to the city manager to
work on and bring back for its action, council members should not allow
themselves to get involved in the issue until it is placed on an agenda for
council meeting. They should allow the administrative process to work at
the city manager and staff level first. For example, the issue may involve
meetings with local developers for their input on an ordinance which staff
is preparing for council action. If council members allow themselves to
have contact or meetings with the developers, it could undermine the
administrative process and create the potential or perception of liability
that for example, decisions are being .made “outside of the sunshine.’’
While city code (Chapter 2, Article I, Section 2-1) provides for public
’ Handbook for Council Members In Council-Manager Cities, National Civic League Press, fifth
edition, 1992, pg. 24.
Handbook for Council Members In Council-Manager Cities, National Civic League Press, fifth
edition, 1992, pg. 28.
Garvin v. Jerome, 721 So.2d 1224 (Fla. !jth DCA 1998); Wolfson v. Work, 326 So.2d 90 (Fla. 2”d
DCA 1976).
9
3
Detailed Report
disclosure for ex parte communications, it is important for council’s
protection that members do not allow themselves to be contacted or
involved in meetings with those conducting public business with city
administration before they have an opportunity to be fully informed by the
city manager, or before they seek advice from the city attorney. Adhering
to the practice of strictly following charter and statutory requirements will
demonstrate to everyone that council does act lawfully in handling its
public duties.
As long as council members exercise their official responsibilities within their
authority granted by charter or statute, they are generally immuhe from personal,
financial, criminal, legal liabilit~.~ Examples of actions that may exceed such
authority include a failure to follow procedural requirements or violating
constitutional due process rights of those with whom the city government is
performing its duties. An example of this is if the mayor should remove an item
from an agenda prior to council meeting after the item has been publicly noticed
for quasi-judicial public hearing. As it relates to the development approval
process, council formulates policy through land development regulations which
include a party’s ability to present requests to council. There is the potential that
the due process rights of the parties involved could be violated if the matter does
not appear on the agenda after it has already been advertised for time certain.
To protect the mayor from personal liability in this case, a proper way to handle
this would be to remove or postpone the item during the council meeting upon a
vote of all five council members. Action would be taken in an open public forum
according to Florida Sunshine Law rather than giving the perception that a
decision was made behind the scenes prior to the meeting.
While council can affect changes to city code provisions, it cannot change charter
provisions without public referendum. To ensure that council members act within
the scope of their duties and responsibilities, they should seek advice from the
city attorney before taking action in matters or attending meetings where there
are potential conflicts of personal or private interest or the perception of conflicts.
This could be on any number of matters - financial, contractual or development
related. The city attorney can guide council members in a way that protects them
from violating the charter, state law, code of ethics or due process rights of
others, while enabling them to make sound decisions consistent with city policies
and in the best interest of the community.
Florida Statutes, Section 768.28 (9) (a). 4
10
1. Charter Provisions
Sec. 3-1. Form of government.
The form of government of the City of Palm Beach Gardens shall be that known as the
"Council-Manager Plan."
Sec. 6-1. City manager.
(a)The city council, by a majority vote of its membership, shall appoint a city manager
who shall serve at the pleasure of the city council. The city manager shall be
appointed on the basis of executive and administrative qualifications as established
by the council. The city manager need not be a resident of the city at the time of
appointment, however, must be a resident within one year following the appointment.
The compensation and benefits of the city manager shall be as determined by the
city council. The city council shall annually review the manager's performance. The
city manager shall designate in writing, filed with the clerk, an individual who shall
perform the duties of the city manager during hislher temporary absence.
(b)The city manager shall be the administrative head of the municipal government
under the laws and Charter of the city responsible to the city council for the
administration of all city affairs and employees placed in the manager's charge by or
under this Charter or city ordinances. In the event of his/her absence or disability,
the city manager may designate an employee or other charter officer as the acting
city manager limited to the time of the manager's absence or disability.
(c) The city manager shall be responsible to the city council for the proper administration
of all affairs of the city coming under hislher jurisdiction, and to that end the city
manager's powers and duties include:
(1) To see that the laws and ordinances are enforced.
(2) Prepare and submit an annual budget to the city council for its consideration.
(3) To attend all meetings of the city council with right to take part in the discussion
but without having a vote.
(4) To recommend to the council for adoption such measures as he/she may deem
necessaryor expedient in the interest of the city. To keep the city council fully
advised as to the financial condition and needs of the city and to submit for its
consideration an annual budget.
(5) To appoint all department heads subject to confirmation by the city council; to
employ and remove all other employees of the city. Provided further, however,
that the city attorney, city engineer and city auditor shall be appointed and
removed in the sole discretion of the city council with such appointments and
removals being based upon merit and fitness alone.
(6) To make such reports as the city council may require concerning the operations
of the city departments.
(7) To perform such other duties as may be specified in this charter, by law, or as
the city council may prescribe.
(8) To retain such specialized professional services as may be necessary to
effectively and efficiently conduct the city's affairs in accordance with state and
local laws.
(d) No member of the city council shall dictate the appointment of any person to office or
employment by the city manager or in any manner interfere with the city manager or
prevent him/her from exercising hidher own judgment in the appointment of officers
and employees in the administrative service. The council and its members shall deal
with city employees solely through the city manager.
(e)The city council may suspend or remove the city manager by resolution approved by
a majority of the total membership of the city council. The resolution shall set forth
the reasons for suspension or removal. A copy of such resolution shall be served
immediately upon the city manager. The city manger shall have ten calendar days in
which to replay thereto in writing, and upon request, shall be afforded a public
hearing, which shall occur not earlier than ten days nor later than 15 days after such
hearing is requested. After the public hearing, if one was requested, the city council
by a majority vote of its membership may adopt a final resolution of removal. The
city manager shall continue to receive full salary and benefits until the effective date
of the resolution of removal.
)
(f) By letter or memorandum filed with the city clerk, the city manager shall designate a
city officer or employee to exercise the powers and perform the duties of city
manager during the manager's absence or disability. The city council may revoke
such designation at any time and appoint another officer or employee of the city to
serve until the city manager returns.
2
Citv of Palm Beach Gardens Charter
Sei, 6-2. City attorney.
(a) The city council, by a majority vote of its membership, shall appoint a city
attorney. The compensation and benefits of the city attorney shall be as
determined by the city council. The city may appoint a firm or an individual to
serve as the city attorney.
(b) The city attorney shall be the chief legal officer of the city responsible for all
legal affairs of the city, and shall serve as chief legal advisor to the city council,
the city manager, the city's departments and such boards or committees as are
placed in the city attorney's charge by the city council or the city manager. The
city attorney's powers and duties shall include:
(1) resolutions, ordinances or other documents of the city.
Preparing or reviewing as to form and legal sufficiency all contracts,
(2) as may be approved by the city manager.
Appointing such assistant city attorneys to perform the duties of his office
(3) the city is a party.
(4) council or the city manager.
Prosecuting and defending all legal or administrative law actions wherein
Performing such other legal services as may be requested by the city 0
(5) or ordinance.
Performing such other duties as may be required by state law, this charter
(c) The city council or the city manager may also appoint one or more special
counsel to serve as legal advisors to the city council, the city manager and city
departments, officers and agencies with respect to specific legal proceedings or
matters to conduct city affairs in an efficient manner in accordance with state law,
this charter or ordinance of the city.
I
ISSUE: Legacy Place Mitigation (Page 5, Lines 12-21)
RESPONSE: Attached is Resolution 1, 2001 approved on February 1, 2001, which
allows the upland preserve set aside for Parcels 28.01 (Legacy Place), 5A and 5B to be
located on Parcel 5A. If each of the projects had provided on-site mitigation, it would
have resulted in three less viable unconnected preserve areas. Instead the total
acreage was combined on the 5A site adjacent to an existing 10 acre lake. This
resulted in a more viable preservation area, located in close proximity to both the 5B
and Legacy Place projects.
TOWN HALL MEETING
MARCH 31,2005
January 19,2001
RESOLUTION 1 , 2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, PROVIDING- FOR
NORTH, LTD. AND RCA CENTER, LTD. FdR A
CONCEPTUAL UPLAND PRESERVE SET ASIDE: FOR
PARCELS 28.01,5AAND 5B TO BE LOCATED ON P&CEL
5A, LOCATED AT THE NORTHWEST CORNE* OF
ALTERNATE AIA AND PGA BOULEVARD; AS MORE
PARTICULARLY DESCRIBED HEREIN, PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING FqR AN
EFFECTIVE DATE.
APPROVAL OF REQUESTS BY PGA GATEWAY, LTDJ, PGA
WHEREAS, the City of Palm Beach Gardens received a’,n application
from PGA Gateway, Ltd. for approval of a Planned Community District on
Parcel 28.01 located on the southeast corner of Alternate AlA and PGA
Boulevard; and
WHEREAS, the City of Palm Beach Gardens received dn application
from PGA North, Ltd. for approval of a Planned Community District on Parcel
5A located on the northwest corner of Alternate A1A and PGA Boulevard; 0 and
WHEREAS, the City of Palm Beach Gardens received ajcommitment
letter on November 22, 2000 from Daniel S. Catalfumo, PresidentKEO of
Catalfumo Construction and Development, Inc., to set aside an4 improve ten
(IO) acres of land on Parcel 5A to satisfy the City code req,uirement for
upland preservation for Parcels 5A, 5B and 28.01; and
WHEREAS, RCA Center, Ltd. has applied for coecurrency in
anticipation of development of Parcel 56; and
WHEREAS, PGA Gateway, Ltd., PGA North, Ltd. and RCA Center,
alternative forms of mitigation in lieu of on-site preservation fori Parcels 5A,
5B and 28.01 , as permitted by Section 118 (b)(l) and (3) of thq City’s Land
Development Regulations, entitled “Alternative forms of mitigation;” and
Ltd. have requested approval from the City of Palm Beach I Gardens for
WHEREAS, the Growth Management Department has rpewed said
applications and commitment letter and has determined that tlpe mitigation
request for off-site preservation is a benefit to the City that equal$ or exceeds
the expected benefit that would have been derived from on-site Jpreservation
1
.. .
I . . - - . . .. . . ..
Resolution I, 2001
Meeting Date: February 1,2001
Date Prepared: January 16,2001
Retition PCD-99-02
within Parcels 5A, 5B and 28.01; and
WHEREAS, the Growth Management Department has rbviewed said
application and determined that it is consistent with, the City’s
Comprehensive Plan and Land Development Regulations; an4
WHEREAS, the Growth Management Department has r4commended
approval of the resolution.
I NOW, THEREFORE, BE IT RESOLVED BY THE CITY gOUNClL OF
THE CITY OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Bea’ch Gardens,
location
on Parcel 5A at the northwest corner of Alternate A1A and PGA Boulevard,
as more particularly described in Exhibit “A” attached ihereto and
incorporated herein by this reference.
Florida, hereby approves the conceptual upland preserve set @de I
SECTION 2. The City Council of the City of Palm Beaph Gardens,
Florida, hereby approves the requests of PGA Gateway Ltd., P4A North, Ltd.
and RCA Center, Ltd. to mitigate the on-site preservation of Pdrcels 5A, 5B
and 28.01 by improving and preserving ten (10) acres on Pardel 5A.
SECTION 3. Said resolution is approved subject to ihe following
conditions, which shall be the responsibility of the appljcants, their
successors or assigns:
1. The petitioners’ environmental consultant(s) and, the City’s
environmental consultant shall monitor the preserve requirements and
improvements until completed at the petitioners’ expen e.
a ten (IO) acre upland preserve set aside. Prior to the iss,uance of any
clearing permit for Parcels 28.01, 5A or 58, a publicly-recorded
upland preserve area within Parcel 5A shall be dedicateg to a private
entity for maintenance responsibilities.
Prior to the issuance of any clearing permit for the commercial or
residential sites within Parcel 28.01, Parcel 5A or! Parcel 5B,
petitioners shall submit a Parcel 5A Upland Preserve Management
Plan for review and approval by City staff.
Exotic plants may be removed from all sites within Parcels 28.01 , 5A
and 5B prior to development petition approval under the City’s
2. Exhibit “A shall be used as a guideline for the conceptu,al B location of
3.
4.
2
. -. . - . . . . . . . . . . . . .. . __
Resolution 1,2001
Meeting Date: February 1,2001
Date Prepared: January 16,2001
Petition PCD-99-02
environmental consultant’s supervision.
The petitioners shall relocate native trees, shrubs and groundcovers
during development of the sites within Parcel 28.01, Parcel 5A and
Parcel 58 to the 5A preserve, or the PGA Boulevard pailkway, or any
other buffer to improve the environmental qualities of the preserve or
increase the denseness of the buffer. The amount anv location of
plants to be relocated shall be approved by City staff: prior to any
clearing permit for the above mentioned parcels.
There shall be no industrial development north of the pr4posed east-
west road through Parcel 5A.
5.
6.
SECTION 4. This Resolution shall be effective upon adoption.
/-
CAROL GOLDU -.
, . ’*, *\;,-
.- ’ CITYCLERK -
- *<&’ I-;--
- \.
--;\ -.-..:\-. -
AF?PRQVED.AS TO LEGAL
FORM AND SUFFICIENCY BY: A > CITY ATTORNEY
VOTE: AYE MAYOR RUSSO r/
VICE MAYOR JABLIN J
COUNCILMEMBER CLARK J
COUNCILMEMBER FURTADO 4
COUNCILMEMBER SABATELLO J
3
NAY ~BSENT
I
a'
.. .
.. 4, Y
t
Vito DeFrancisco: My name is Vito DeFransciso. I think the City for the last couple of
years has been totally run by developers. The City has been given the way to developers
and they their way with us. I don’t know if you guys know this or not, there used to be a
law that you couldn’t have any place that sells liquor within 1000 feet of a church, or 750
feet of a church or a school. The developers didn’t like that. The City changed that law to
be 500 feet because that’s what the developers wanted. They wanted to make more
money. So they sold our children down the street so the developers could make more
money. The City’s requirement is to set aside 25% of all uplands on pieces of property
on site. The reason why Palm Beach Gardens looks so nice is because people have this
25% set aside. It’s all going to go away. The City wants to preserve 25% but they said
it’s OK to take it all to the Bee Line Highway. The land on the Bee Line Highway isn’t
going to help us at all. It isn’t going to make our life better and it’s not going to show us
what a tree looks like. Is there anybody in this room that’s happy with how Legacy Place
looks? How they went in there and chopped down every single solitary tree. That’s what
this City is proposing and then when you question them about it they said we are not
changing anything. We’re still saving the 25%. They are on the Bee Line Highway. They
are going to save property where it’s already saved. They are going to save wetlands,
there going to save swampland where it is already saved. But the trees in our
neighborhoods are going to be going. The next land rush in the City of Palm Beach
Gardens is going to be the places that are currently persevered because the developers are
going to think if they can save trees down on the Bee Line Highway they can cut down
the ones where there are larger places, such as PGA National. It’s hard to say but there
are protective lands in the City that are going to go away.
You mentioned Legacy Place. That was an issue with me every time we have a meeting.
They were in a big hurry to take down the trees and then all we had was mountains of
weeds. Maybe you can do something about this.
Joe Russo: Thank you those were two great comments.
4 We are going to put that down and see what we can get done.
Vito DeFrancisco: My name is Vito DeFransciso. I think the City for the last couple of
years has been totally run by developers. The City has been given the way to developers
and they their way with us. I don’t know if you guys know this or not, there used to be a
law that you couldn’t have any place that sells liquor within 1000 feet of a church, or 750
feet of a church or a school. The developers didn’t like that. The City changed that law to
be 500 feet because that’s what the developers wanted. They wanted to make more
money. So they sold our children down the street so the developers could make more
money. The City’s requirement is to set aside 25% of all uplands on pieces of property
on site. The reason why Palm Beach Gardens looks so nice is because people have this
25% set aside. It’s all going to go away. The City wants to preserve 25% but they said
it’s OK to take it all to the Bee Line Highway. The land on the Bee Line Highway isn’t
going to help us at all. It isn’t going to make our life better and it’s not going to show us
what a tree looks like. Is there anybody in this room that’s happy with how Legacy Place
looks? How they went in there and chopped down every single solitary tree. That’s what
this City is proposing and then when you question them about it they said we are not
changing anything. We’re still saving the 25%. They are on the Bee Line Highway. They
are going to save property where it’s already saved. They are going to save wetlands,
there going to save swampland where it is already saved. But the trees in our
neighborhoods are going to be going. The next land rush in the City of Palm Beach
Gardens is going to be the places that are currently persevered because the developers are
going to think if they can save trees down on the Bee Line Highway they can cut down
the ones where there are larger places, such as PGA National. It’s hard to say but there
are protective lands in the City that are going to go away.
0
You mentioned Legacy Place. That was an issue with me every time we have a meeting.
They were in a big hurry to take down the trees and then all we had was mountains of
weeds. Maybe you can do something about this.
Joe Russo: Thank you those were two great comments.
4 We are going to put that down and see what we can get done.
ISSUE: Downtown at the Gardens traffic study and
Kyoto Gardens Drive (Page 5, Line43)
RESPONSE: During the town hall meeting an inquiry about size, approved uses, and
possible number of trips to be generated by Downtown at the Gardens and other
adjacent projects as they relate to Kyoto Gardens Drive.
The resident indicated that they were informed of only approximately 14,000 daily trips
on Kyoto Gardens Drive, but believes there would be about 30,000 - 32,000 daily trips on
Kyoto Gardens Drive due to the additional trips generated by the Downtown at the
Gardens project. The resident further indicated that the size of the Downtown at the
Gardens project is 70 acres and consists of commercial and residential uses.
Downtown at the Gardens consists of approximately 35.20 acres, and was approved for
a total of 250,018 square feet of commercial (inclusive of restaurant uses), 3,020 theatre
seats, and 20,000 square feet of office use. The project does not contain any residential
use on the site. The traffic equivalency impact study projects 10,462 trips for the
development.
The Landmark Development has 166 units in three residential buildings that range in
height from 14 to 17 stories.
Kyoto Gardens Drive is projected to have daily trips that total approximately 14,000, but
its ultimate capacity can carry just fewer than 33,000 daily trips.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Alcohol Ordinance (Page 5, Lines 5-1 2)
RESPONSE: On August 5, 2004,the City Council approved Ordinance 20, 2004
(attached) amending Chapter 6 of the City’s Code of Ordinances, entitled “Alcoholic
Beverages’’ in order to modify the regulations relating to the retail sale of alcoholic
beverages within the City. These regulations had not been amended since 1987,
before mixed-use developments became prevalent in the City. Recognizing the impacts
of mixed uses and planned development districts within the City, staff felt it was
necessary to amend certain distance separation requirements for the retail sale of
alcoholic beverages within the City. Also attached is a summary of the differences
between the language prior to the adoption of Ordinance 20, 2004 and the language
changes that were adopted.
TOWN HALL MEETING
MARCH 31,2005
a
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
A
Date Prepared: June 11,2004
Meeting Date: July 15,2004
Ordinance 20,2004
SUBJECT/AGENDA ITEM
Ordinance 20,2004: Amendment to Chapter 6 - Code of Ordinances - “Alcoholic Beverages”
Public Hearing and First Reading: A City-initiated request to amend Chapter 6 of the City’s Code
of Ordinances, entitled “Alcoholic Beverages,” in order to modify the regulations relating to the
retail sale of alcoholic beverages within the City.
- [XI Recommendation to APPROVE
] Recommendation to DENY
Reviewed by:
Planning and Zoning
Division Director
Tala1 M. Benothmx
City Attorney
Christine Taturn
Finance NIA
Development
Compliance NIA
Bahareh Keshavarz-Wolfs,
AICP
Growth Manage@
Administrator
Charles K. Wu, AICP
Approved By:
3riginating Dept.:
Manager
'reject
Senior Planner
[ ] Quasi - Judicial
[XI Legislative
[XI Public Hearing
Advertised:
Date: June 30,2004
Paper: Palm Beach Post
[XI Required
Affected Parties:
[ ]Notified
[XI Not Required
TINANCE: N/A
Zosts: S NIA
Total
$ N/A
Current FY
Funding Source:
[ ] Operating
[XI Other-
Budget Acct.#:
NIA
Zity Council Action:
] Approved
3 App. wl conditions : ] Denied : 3 Rec. approval
3 Rec. app. wl conds.
] Rec. Denial
[ ] Continued to:-
Attachments:
Existing Chapter 6 -
Code of Ordinances
Map: 750’ Buffer from
Churches and Schools
Map: 500’ Buffer from
Churches and Schools
Ordinance 20,2004
Date Prepared: June I I. 2004
Meeting Date: July 15,2004
Ordinance 20.2004
Recognizing the impacts of mixed uses and planned development districts within the City, it is
staffs opinion that it is necessary to amend certain distance separation requirements for the retail
sale of alcoholic beverages within the City.
I
EXISTING REOUIREMENTS
In general, the existing language found in Chapter 6 of the City’s Code of Ordinances relating to the
minimum distance separation requirements for the retail sale of alcoholic beverages stipulates as
follows:
Between vendors: No license for the retail sale of alcoholic beverages shall be issued if the
proposed location is within 750 feet of another place of business for which there is already
issued a license for the same.
Between vendor and church or school. No license for the retail sale of alcoholic beverages
shall be issued to a vendor whose place of business is located within 750 feet of an
established church or school.
The City Council may grant a variance or modification from the aforesaid distance
requirements for licensed (1) hotels and motels; (2) restaurants; or (3) veterans or fraternal
organizations, so long as certain criteria established in Chapter 6 are met (please see
attached existing Chapter 6, Code of Ordinances). However, the established distance
requirement for vendors of the retail sale of alcoholic beverages of 750 feet from a church or
school cannot be waived by the City Council.
In accordance with Chapter 563.02, Florida Statutes, the distance requirements provided
above shall not apply to vendors of malt and wine beverages for consumption off premises
only where the vendor is licensed by the City as a food market or grocery store.
PROPOSED LANGUAGE
In general, the proposed language in the attached Ordinance 20, 2004 establishes the following
requirements relating to the retail sale of alcoholic beverages:
*:* Between vendors. No license for the sale of alcoholic beverages at retail, including malt and
wine beverages, for consumption on or off the premises, shall be issued where the place of
business designated in the application therefor is located within 500 feet from another place
of business for which there is already issued a license for the retail sale of alcoholic
beverages for consumption on or off the premises; such distance to be the airline
measurement taken from the center of the main entrance of the proposed business to the
center of the main entrance of the existing business for which there is already a license for
the retail sale of alcoholic beverages for consumption on or off premises.
Such distance limitation shall not apply to the following:
Date Prepared: June I I, 2004
Meeting Date: July 15.2004
Ordinance 20,2004
a. Vendors of alcoholic beverages, including malt and wine beverages, where the
vendor is licensed by the City as a restaurant deriving at least 51 percent of its gross
revenue from the sale of food and nonalcoholic beverages.
b. Vendor of alcoholic beverages, including malt and wine beverages, for consumption
on the premises only where the vendor is licensed by the City as a bona fide hotel,
motel, or motor court.
c. Vendors of alcoholic beverages, including malt and wine beverages, for consumption
on the premises only where the vendor is a veterans or fraternal organization of
national scope or is a group of persons associated together as a chartered or
incorporated club, including incorporated social clubs which have been in continuous
active existence and operation for a period of not less than two years in the City.
*:* Between vendor and place of worship. No license for the retail sale of alcoholic beverages,
including malt and wine beverages, shall be issued to a vendor whose place of business is
located within 500 feet of an established place of worship. The distance shall be the airline
measurement taken from the center of the main entrance of the proposed business to the
center of the main entrance of the place of worship.
Such distance limitation shall not apply to the following:
a. Vendors of alcoholic beverages, including malt and wine beverages, where the
vendor is licensed by the City as a restaurant deriving at least 51 percent of its gross
revenue from the sale of food and nonalcoholic beverages.
b. Vendor of alcoholic beverages, including malt and wine beverages, for consumption
on the premises only where the vendor is licensed by the City as a bona fide hotel,
motel, or motor court.
c. Vendors of alcoholic beverages, including malt and wine beverages, for consumption
on the premises only where the vendor is a veterans or fraternal organization of
national scope or is a group of persons associated together as a chartered or
incorporated club, including incorporated social clubs which have been in continuous
active existence and operation for a period of not less than two years in the City.
*:* Between vendor and school. No license for the retail sale of alcoholic beverages, including
malt and wine beverages, shall be issued to a vendor whose place of business is located
within 500 feet of an established public or private elementary school, middle school, or
secondary school. The distance shall be the airline measurement taken from the center of
the main entrance of the proposed business to the nearest point of the school grounds.
a. Such distance limitation shall not apply to vendors of alcoholic beverages, including
malt and wine beverages, where the vendor is licensed by the City as a restaurant
deriving at least 51 percent of its gross revenue from the sale of food and
nonalcoholic beverages.
Date Prepared: June I I, 2004
Meeting Date: July 15,2004
Ordinance 20.2004
6 The City Council may waive the distance requirements set forth above for (1) vendors of
alcoholic beverages, including wine and malt beverages, at retail for off-premises
consumption only (liquor stores); and (2) vendors of alcoholic beverages, including wine
and malt beverages, at retail for on-premises consumption only, where the sale thereof is the
main function of the business (stand-alone bars), so long as certain criteria established in the
proposed ordinance are met. However, the established distance requirement for vendors
of the retail sale of alcoholic beverages of 500 feet from a school cannot be waived by
the City Council.
4. In accordance with Chapter 563.02, Florida Statutes, the distance requirements provided
above shall not apply to vendors of malt and wine beverages for consumption off premises
only.
The proposed ordinance includes other minor changes to the existing language relating to alcoholic
beverages to provide for a more straightforward interpretation thereof by staff and others doing
business within the City.
Maps depicting 500-foot and 750-foot buffers surrounding churches and schools have been attached
hereto for reference.
LAND DEVELOPMENT REGULATIONS COMMISSION
At its May 25,2004 meeting, the City’s Land Development Regulations Commission held a public
hearing to review the proposed ordinance. A member of the Commission raised concern that it
appeared that the proposed ordinance was being prepared in order to accommodate certain projects
recently approved or currently under development review by the City. Another member of the
Commission supported the proposed ordinance stating that the existing language in the City’s Code
of Ordinances relating to the retail sale of alcoholic beverages was antiquated and was in need of
revision. A motion to approve Ordinance 20, 2004 was made by a member of the Commission,
however there was no second to the motion. The Commission Chairman declared a failed motion
due to the fact that a second to the motion was not made. No hrther action was taken by the
Commission
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 20,2004.
Chapter 6
ALCOHOLIC BEVERAGES*
Sec. 6-1.
Sec. 6-2.
Sec. 6-4.
Sec. 6-6.
Sec. 6-6.
Sec. 6-8.
S~C. 6-3.
S~C. 6-7.
Sec. 6-9.
Definitions.
Hours of sale.
Limitation of sales on certain premises, places of business.
Distance limitations between vendors; churches and schools.
Hotels, motels, restaurants, etc.
Food stores selling malt beverages and wine.
Drinking intoxicating liquors on streets, parks, etc.
Consumption, possession of alcoholic beverages in commercial establishment
parking lots or motor vehicles.
Application of zoning code.
*Cross references-Businesses, ch. 18; police, ch. 50; streets, sidewalks and certain
State law reference-Alcoholic beverages, F.S. ch. 561 et seq.
other public places, ch. 62; zoning, ch. 118.
CD6:l
ALCOHOLIC BEVERAGES 9 6-1
Sec. 8-1. Definitions. a
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Alcoholic beverages means all beverages containing more than one percent of alcohol by
weight. The percentage of alcohol by weight shall be determined as set forth in F.S. #
561.0U4Xb).
Beer or malt beverage means brewed beverages containing malt.
Bottle club means a commercial establishment, operated for a profit, whether or not a
profit is actually made, wherein patrons consume alcoholic beverages which are brought onto
the premises and not sold or supplied to the patrons by the establishment, whether the patrons
bring in and maintain custody of their own alcoholic beverages or surrender custody to the
establishment for dispensing on the premises, and which is located in a building or other
enclosed permanent structure. This definition does not apply to sporting facilities where
events sanctioned by nationally recognized regulatory athletic or sports associations are held,
bona fide restaurants licensed by the division of hotels and restaurants of the department of
business regulation whose primary business is the service of full course meals, or hotels and
motels licensed by the division of hotels and restaurants of the department of business
regulation.
Consumption off the premises only means deemed to permit only the sale of alcoholic
beverages in their original sealed containers.
Distributor means all persons selling the beverages herein referred to at wholesale in the
manner prescribed by the Florida Beverage Law, F.S. ch. 561 et seq.
Intoxicating beverage and intoxicating liquor means only those alcoholic beverages
containing more than 3.2 percent of alcohol by weight.
Liquor or distilled spirits includes all spirituous beverages created by distillation and by
mixture of distilled beverages by what is commonly termed blending.
Manufacturer means all persons who make alcoholic beverages except those who make
beer or wine for personal or family consumption pursuant to F.S. 8 562.165.
Night club means a restaurant, dining room, or other establishment where intoxicating
liquor is sold, given away, or consumed on the premises, and where floor shows or other forms
of entertainment subject to the federal tax thereon are provided for guests at any time between
the hours of midnight and 7:OO a.m.
Parcel of land, for purpose of points of measurement for distances, means, as used in
section 6-4(a), the immediate land upon which the building or portion of structure constituting
the business Dremises or place of business of the vendor is located. The term parcel of land as
CD6:3
8 6-1 PALM BEACH GARDENS CODE
0 used in section 6-4(b) means the entire parcel of land upon which the church sanctuary and
school building are located together with all accessory buildings, playgrounds, and sports
playing fields.
Premises or place of business means a room or group of rooms within a building connected
by doorways not lese than 3% feet in width and six feet eight inches in height; provided that
the rooms shall be contiguous and have common walls.
Sale or sell means any transfer of an alcoholic beverage for a consideration, any gift of an
alcoholic beverage in connection with, or as a part of, a transfer of property other than an
alcoholic beverage for a consideration, or the serving of an alcoholic beverage by a licensed
club.
Vendor means all persons selling the beverages herein referred to at retail.
Wine means all beverages made from fresh fruits, berries, or grapes, either by natural
fermentation or by natural fermentation with brandy added, in the manner required by the
laws and regulations of the United States, and includes all sparkling wines, champagnes,
combinations of the aforesaid beverages, vermouths, and like products. Sugar, flavors, and
coloring materials may be added to wine to make it conform to the consumer's taste, except
that the ultimate flavor or the color of the product may not be altered to imitate a beverage
other than wine or to change the character of the wine. "Fortified wine" means all wines
containing more than 14 percent of alcohol by weight.
(Code 1987, 0 112.01)
Cross reference-Definitions generally, 5 1-2.
State law reference--Definitions, F.S. $5 561.01, 563.01, 564.01.
Sec. 8.2. Hours of sale.
Generally.
No intoxicating liquors or intoxicating beverages, including all malt beverages and
wine, shall be sold, consumed, or served or permitted to be served, or consumed, in
any place located within the city holding a license under the laws of the state and the
city, authorizing same, between the hours of 3:OO a.m. and 8:OO a.m. The hours of sale
within M-lA, light industrial district, shall be as provided in subsection (b) of this
section.
For New Year's Eve, December 31, the prohibited hours of sale shall be 5:OO a.m. to
8:OO a.m. on the following day, January 1.
Within an M-1 research and industrial park district.
No malt beverages shall be sold, consumed, or served, or permitted to be sold, served,
or consumed in any place located within an M-1 light industrial district of the city
holding a license under the laws of the state and the city, authorizing same, between
the hours of 300 a.m. and 8:OO a.m.
CD6:4
ALCOHOLIC BEVERAGES 6 6-5
(2) For New Year's Eve, December 31, the prohibited hours of sale shall be 5:OO a.m. to
8:OO a.m. on the following day, January 1.
0
(Code 1987, 9 112.02)
State law reference-Authority to establish hours of sale, F.S. $9 562.14, 562.45(2).
Sec. 6-3. Limitation of sales on certain premises, places of business,
It shall be unlawful for any vendor to sell, offer for sale, or serve, or permit to be consumed,
MY alcoholic beverages upon any premises or in any place or places of business which do not
meet the definition of and requirements for premises or place of business as provided for and
defined in section 6-1.
(Oode 1987, 9 112.03)
Sec. 6-4. Distance limitations between vendors; churches and schools.
(a) Between vendors. No license for the sale of alcoholic beverages at retail, including malt
and wine beverages, for consumption on the premises, shall be issued where the place of
business designated in the application therefor is located within 750 feet from another place
of business for which there is already issued a license for the retail sale of alcoholic beverages
for consumption on the premises; provided, however, this distance requirement shall not apply
when the applicant, or the existing licensee is located within 750 feet is conducting or will
conduct such business under a permitted use as designated in section 118-246. The method of
measurement for distance determination shall be airline distance between the two nearest
points on the parcel of land as defined in section 6-1 used as the licensed premises for such sale
of alcoholic beverages.
(b) Between oendor and church or school. No license for the retail sale of alcoholic
beverages, including malt and wine beverages, shall be issued to a vendor whose place of
business is located within 750 feet of an established church or school. The distance of 750 feet
shall be measured by shortest airline measurements as follows:
(1) Pertaining to established churches: 750 feet from the nearest point of the parcel of
land which is occupied by the business, to the nearest point of the parcel of land as
defined in section 6-1 occupied by the established church.
(2) Pertaining to established school: 750 feet from the nearest point of the parcel of land
occupied by the place of business, to the nearest point of the parcel of land as defined
in section 6-1 in use as part of the school facilities.
(Code 1987, 0 112.21)
State law reference-Authority to regulate location, F.S. $6 562.14, 562.45(2).
Sec. 6-5. Hotels, motels, restaurants, etc.
(a) The distance requirements set forth in section 6-4 are primarily intended to promote
the safety, health, morals, and general welfare of the citizens of the city. The city council is of
the opinion that certain businesses or clubs licensed by the state by special license to sell
CD6:5
9 6-5 PALM BEACH GARDENS CODE
alcoholic beverages at retail where the sale thereof is not the main function of the business but
incidental thereto, may warrant an exception to the distance requirements above provided;
these businesses or clubs are:
(1) Vendor of alcoholic beverages, including malt and wine beverages, for consumption on
the premises only where the vendor is licensed by the city as a bona fide hotel, motel,
or motor court of not less than 100 guest rooms.
a. Vendor of alcoholic beverages, including malt and wine beverages, where the
vendor is licensed by the city as a restaurant having 2,500 quare feet of senrice
area and equipped to serve to 160 persons full cour~e meals at one time, and
deriving at least 51 percent of its gross revenue from the sale of food and
nonalcoholic beverages.
Vendor of malt and wine beverages for consumption on the premises, where the
vendor is licensed by the city as a bona fide restaurant having less than 2,500
square feet and is not equipped to serve 150 persona full course meals at one time,
but derives at least 51 percent of its gross revenue from the sale of food and
nonalcoholic beverages.
In addition to the hotels, motels, restaurants, clubs, and fraternal and veterans
organizations licensed by the state which may warrant an exception to the
distance requirements, the city council is of the opinion that there are cases when
exceptions are warranted also as to distance requirements between the premises
of vendors of alcoholic beverages including wine and malt beverages at retail for
off-premises consumption only.
(2) Vendors of alcoholic beverages including malt and wine beverages for consumption on
the premises only where the vendor is a veterans or fraternal organization of national
scope or is a group of persons associated together as a chartered or incorporated club,
including social clubs incorporated by orders of circuit judges or the secretary of the
state after their charters have been found to be for objects authorized by law and
approved by the judges or by the secretary of the state as organized for lawful
purposes and not for the purpose of evading license taxes on retail dealers in alcoholic
beverages including malt and wine beverages, which such organizations are bona fide
clubs, and at the time of application for the vendor's license shall have been in
continuous active existence and operation for a period of not less than two years in the
city; provided, that any veterans or fraternal organization of national scope, need not
have been, or need not be, in continuous active existence or operation for any required
period of time prior to an application for the vendor's license.
(b) The city council, and it alone, may upon written petition of the vendors of alcoholic
beverages, including malt and wine beverages, as defined in this section, by resolution, grant
a modification to the distance requirements of section 6-4(a); the petition shall be accompanied
by appropriate survey material, maps, and site plan. No modification or variance to the
distance requirements shall be made until after a public hearing thereon is held and a notice
of the public hearing shall be published in a newspaper of general circulation in the city, on a
date no less than 15 days prior to the date set for the hearing.
b.
c.
CD6:6
ALCOHOLIC BEVERAGES 6 6-8
(c) Further, no modification or variance shall be granted unless the city council finds the
following requirementa are met:
(1) The established distance requirement of 750 feet from an established church or school
is not violated.
(2) The intended facility for the sale, dispensing, and consuming of alcoholic beverages is
designed and laid out insofar as area and capacity so that same is intended as a facility
for the patrons of the hotel, motel, restaurant, or club involved and not primarily for
the general public as invitees.
In the opinion of the city council the granting of the modification or variance will not
materially impair the safety, health, morals, or general welfare of the citizens of the
city which this chapter is intended to promote.
(4) The intended facility for the sale of the alcoholic beverages at retail for off-premises
consumption only shall not create a traffic hazard if a drive-in facility, or tend to create
a proliferation of facilities for the sale of alcoholic beverages at retail within the
restricted distance requirement,
a
(3)
(Code 1987,O 112.22)
Sec. 6-6. Food stores selling malt beverages and wine.
The limitations provided in section 6-4 shall not apply to vendors of malt and wine
beverages for consumption off the premises only where the vendor is licensed by the city as a
bona fide food market or grocery store.
(Code 1987, 0 112.23)
subject to zoning, F.S. 0 563.02(1Xa).
a
State law reference--Sale of malt beverages for consumption off the premises is not
Sec. 6-7. Drinking intoxicating liquors on streets, parks, etc.
(a) No person shall drink any spirituous, vinous, malt, or other intoxicating liquors in or
upon any public etreet, avenue, alley, park, or other public way or place in the city However,
the city manager may authorize the consumption of alcoholic beverages in a city park pursuant
to the regulations set forth in chapter 46, article I of this code.
(b) The chief of police shall not grant an authorization if in his opinion the public safety and
peace may become impaired.
(Code 1987, 9 112.06; Ord. No. 1-1997, 6 3, 2-20-96)
public places, ch. 62.
Cross referencecParka and recreation, ch. 46; streets, sidewalks and certain other
Sec. 6-8. Consumption, possession of alcoholic beverages in commercial establieh-
'ment parking lots or motor vehicles.
(a) Definitions. For the purpose of this section the following definitions shall apply unless
the context clearly indicates or requires a different meaning.
Supp. No. 2 CD6:7
9 6-8 PALM BEACH GARDENS CODE
Alcoholic beverage means any beverage containing more than one percent of alcohol by 0 weight, as determined in accordance with F.S. 4 561.01(4Xb).
Beverage law means F.S. cb. 561, 562,563,564, 565, 567, and 568.
Commercial establishmenf parking lot means any area appurtenant to commercial estab-
lishments used by the public for parking thereto.
Container meam any can, bottle, carton, or other vessel of alcoholic beverage.
Motor vehicle means any land vehicle which is not powered by muscular power.
Public or semipublic area open for vehicular travel meam all public roads, streets,
highways, lanes, alleys, parking lots, and parking areas on which the public ie expressly or
implicitly invited to travel by motor vehicle or which is otherwise open for vehicular travel. It
shall not include areas such as golf courses, go-cart tracks, motocross tracks, and similar
areas, or private drivewaye and property serving a single dwelling unit.
(b) Findings and declarutions.
(1) The uncontrolled consumption of alcoholic beverages in and around commercial
eetablishment parking lota contributes to lewd behavior, verbal harassment, intoxi-
cated disorderly conduct, destruction of property, excessive noise, and litter.
(2) The uncontrolled consumption of alcoholic beverages in and around commercial
establishment parking lota has led to an increase in the number of violent crimes
committed on and near those commercial establishment parking lots.
Individuals consuming alcoholic beverages in and around commercial establishment
parking lots deter the public's use and enjoyment of theee areas.
No effective means exist to deter the violent, disorderly, deetructive, or offensive
conduct associated with the consumption of alcoholic beverages in and around
uncontrolled commercial establishment parking lots other than to prohibit the
consumption of alcohol in those areas.
Consumption of alcoholic beverages or possession of open containera of alcoholic
beverages while in or on mobr vehicles lead8 to and encourages the operation and
control of motor vehiclea while impaired and distracting and disorderly conduct of
passengers including, but not limited to, littering.
The uncontrolled consumption of alcoholic beverages in and around commercial
establishment parking lots and the consumption of alcohol in motor vehicles is
detrimental to the health, safety, and general welfare of the public.
(3) 0
(4)
(6)
(6)
Supp. No. 2 a CD6:8
ALCOHOLIC BEVERAGES 9 6-8
(c) Prohibited acts. The following unlawful acts are prohibited: e
It shall be unlawful for any person to drink or consume any alcoholic beverage in or
within 600 feet of a commercial establishment parking lot in the city, except in those
areas in which such consumption is permitted pursuant to the beverage law; special
or general act of the state legislature; the state administrative code; or city ordinance,
resolution, or administrative approval. Nothing in this section shall prohibit con-
sumption on private property within 500 feet of a commercial establishment parking
Lot.
It shall be unlawful for any person to possess any alcoholic beverage in or within 500
feet of a commercial establishment parking lot in the city, except in those areas in
which such possession is permitted pursuant to the beverage law; special or general
act of the state legislature; the state administrative code; or city ordinance, resolu-
tion, or administrative approval unless the alcoholic beverage is in the original
container with the seal unbroken.
It shall be unlawful for any person to possess any container of alcoholic beverage,
except an original container with the seal unbroken, or to consume any alcoholic
beverage, in or on a motor vehicle being operated on a public or semipublic area open
for vehicular travel.
Exceptions. This section shall not apply to:
Any person engaged in picking up empty beverage containers for the purpose of
collecting the deposit or value of the bottle or can itself, nor to any person taking part
in a litter control campaign.
The possession of any open container by any licensed distributor or licensed vendor of
alcoholic beverages provided that such alcoholic beverage is being transported solely
for commercial purposes.
The transportation of any open container of alcoholic beverage in or on any motor
vehicle provided that such container is in a compartment of the vehicle not readily
accessible to the driver or passengers, such as a locked (not merely latched) glove
compartment, trunk, or other nonpassenger or nondriver area of the motor vehicle.
The transportation of any open container or consumption of alcoholic beverage in or
on any motor vehicle duly licensed and operated for hire to transport passengers, such
as charter buses, regularly scheduled buses, taxicabs, and the separate passenger
compartments of limousines; provided the operator thereof is not in immediate
possession of, or engaged in the consumption of, any alcoholic beverage or open
container of alcoholic beverage.
The operation, for a consideration, of any motor vehicle by an individual duly licensed
and supplied by a chauffeur service, limousine service, taxicab company, or bus
company provided the operator thereof is not in immediate possession of, or engaged
in the consumption of, any alcoholic beverage or open container of alcoholic beverage,
and is operating the vehicle while under, and in the scope of, the employment of a
CD6:9
9 6-8 PALM BEACH GARDENS CODE
chauffeur service, limousine service, taxicab company, or bus company. The operator
must have in his possession evidence of employment by a bona fide chauffeur service,
limousine service, taxicab company, or bus company.
(Code 1987,O 112.07)
Cross referencee-Businesses, ch. 18; traffic and vehicles, ch. 70; zoning, ch. 118.
State law reference-Consumption of alcoholic beverages in motor vehicles, F.S. 5
316.1936.
Sec. 6-9. Application of zoning code.
In all cases the location of any place of business for the sale of alcoholic beverages,
including malt and wine beverages at retail, shall be in accordance with the permitted use
provisions of the city zoning code.
(Code 1987,9 112.20)
Cross reference-Zoning, ch. 118.
State law reference-Documentation of proper zoning required, F.S. 9 562.46(2).
CD6:lO
U
Date Prepared: April 19,2004
ORDINANCE 20,2004
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO ALCOHOLIC
BEVERAGES; AMENDING SECTION 6-1, CODE OF ORDINANCES,
ENTITLED “DEFINITIONS;” AMENDING SECTION 6-2, CODE OF
ORDINANCES, ENTITLED “HOURS OF SALE;” REPEALING
SECTION 6-4, CODE OF ORDINANCES, ENTITLED “DISTANCE
LIMITATIONS BETWEEN VENDORS, CHURCHES, AND
SCHOOLS,” IN ITS ENTIRETY; CREATING A NEW SECTION 6-4,
CODE OF ORDINANCES, TO BE ENTITLED “DISTANCE
LIMITATIONS BETWEEN VENDORS, PLACES OF WORSHIP, AND
ENTITLED “HOTELS, MOTELS, RESTAURANTS, ETC.,” IN ITS
ORDINANCES, TO BE ENTITLED “EXCEPTIONS TO DISTANCE
CODE OF ORDINANCES, ENTITLED “FOOD STORES SELLING
MALT BEVERAGES AND WINE,” IN ITS ENTIRETY; CREATING A
“VENDORS OF MALT AND WINE BEVERAGES FOR
CONSUMPTION OFF PREMISES ONLY;” PROVIDING FOR
CODIFICATION; AND PROVIDING AN EFFECTIVE DATE.
SCHOOLS;” REPEALING SECTION 6-5, CODE OF ORDINANCES,
ENTIRETY; CREATING A NEW SECTION 6-5, CODE OF
LIMITATIONS BETWEEN VENDORS;” REPEALING SECTION 6-6,
NEW SECTION 6-6, CODE OF ORDINANCES, TO BE ENTITLED
WHEREAS, the Florida Legislature has made certain amendments to state law
regulating the sale and distribution of alcoholic beverages; and
WHEREAS, the City Council has determined it is necessary to make certain
amendments to Chapter 6 of the City’s Code of Ordinances, entitled “Alcoholic
Beverages,” to be consistent with state statutes; and
WHEREAS, the City Council has determined that it is necessary to amend
certain distance separation requirements in Chapter 6 to provide for more consistent
regulations relating to the retail sale of alcoholic beverages in the City, recognizing the
impacts of mixed uses and planned development districts within the City; 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 I. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: April 19,2004
Ordinance 20, 2004
e:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
26
27
28
29
30
31
32
33
34
35
36
37
38
39
SECTION 2. Section 6-1, Code of Ordinances entitled “Definitions” is amended
to read:
Sec. 6-1. Definitions.
The following words, terms, and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
a. Alcoholic beverages shall have the meaninq ascribed in 1
F.S. § 561.01(4)0,as it mav from time to time be
amended.
Th
Beer or malt beverage shall have the meaninq ascribed in F.S. 5 563.01, as it may from
time to time be amended. .* ..
Consumption off the premises only means deemed to permit only the sale of alcoholic
beverages in their original sealed containers.
Distributor means all persons selling the beverages herein referred to at wholesale in
the manner prescribed by the Florida Beverage Law, F.S. ch. 561 et seq.
lntoxicafing beverage and intoxicating liquor shall have the meaninq ascribed in F.S. § I 561 .Ol, as it mav from time to time be amended. 1
29
40
41
42
43
44
45
Liquor or distilled spirits includes all spirituous beverages created by distillation and by
mixture of distilled beverages by what is commonly termed blending.
Manufacturer means all persons who make alcoholic beverages, except those who
make beer or wine for personal or family consumption pursuant to F.S. § 562.165.
2
Date Prepared: April 19,2004
Ordinance 20, 2004
3 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 e 26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
0
Night club means a restaurant, dining room, or other establishment where intoxicating
liquor is sold, given away, or consumed on the premises, and where floor shows or
other forms of entertainment, subject to the federal tax thereon, are provided for guests
at any time between the hours of midnight and 7:OO a.m.
Premises or place of business means a room or group of rooms within a building
connected by doorways not less than 3 112 feet in width and &&feet etgb# &inches in
height; provided that the rooms shall be contiguous and have common walls.
Sale or sell means any transfer of an alcoholic beverage for a consideration, any gift of
an alcoholic beverage in connection with, or as a part of, a transfer of property other
than an alcoholic beverage for a consideration, or the serving of an alcoholic beverage
by a licensed club.
Vendor means all persons selling the beverages herein referred to at retail,
Wine shall have the meanina ascribed in F.S. . 5 564.01, as it mav from time to time be
amended. 1
SECTION 3. Section 6-2, Code of Ordinances entitled "Hours of Sale" is
amended to read:
Sec. 6-2. Hours of sale.
(a) Generally.
(1) No intoxicating liquors or intoxicating beverages, including all malt beverages and
wine, shall be sold, consumed, or served or permitted to be served, or consumed,
in any place located within the city holding a license under the laws of the state
and the city, authorizing same, between the hours of 3:OO a.m. and 8:OO a.m. T4e
3
0:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 6:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
Date Prepared: April 19,2004
Ordinance 20, 2004
(2) For New Year’s Eve, December 31, the prohibited hours of sale shall be 5:OO a.m.
to 8:OO a.m. on the following day, January I.
SECTION 4. Section 6-4, Code of Ordinances entitled “Distance limitations
between vendors, churches, and schools” is repealed in its entirety.
SECTION 5. A new Section 6-4, Code of Ordinances to be entitled “Distance
limitations between vendors, places of worship, and schools” is created to read:
Sec. 6-4. Distance limitations between vendors, places of worship, and schools.
la) Between vendors. No license for the sale of alcoholic beveraqes at retail, including
malt and wine beverages. for consumption on or off the premises, shall be issued where
the place of business desiqnated in the application therefor is located within 500 feet
from another place of business for which there is already issued a license for the retail
sale of alcoholic beverages for consumption on or off the premises: such distance to be
the airline measurement taken from the center of the main entrance of the proposed
business to the center of the main entrance of the existing business for which there is
already a license for the retail sale of alcoholic beveraqes for consumption on or off the
premises.
/I) Such distance limitation shall not applv to the following:
a. Vendors of alcoholic beveraqes. including malt and wine beveraqes, where the
vendor is licensed bv the city as a restaurant derivinq at least 51 percent of its
gross revenue from the sale of food and nonalcoholic beveraqes.
b. Vendors of alcoholic beverages, including malt and wine beveraqes. for
consumption on the premises only where the vendor is licensed bv the citv as a
bona fide hotel or motel.
4
Date Prepared: April 19,2004
Ordinance 20, 2004
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
c, Vendors of alcoholic beveraqes, including malt and wine beveraqes, for
consumption on the premises onlv where the vendor is a veterans or fraternal
orqanization of national scope or is a group of persons associated together as a
chartered or incorporated club, including incorporated social clubs which have
been in continuous active existence and operation for a period of not less than
two years in the citv.
Jb) Between vendor and place of worship. No license for the retail sale of alcoholic
beverages, including malt and wine beveraqes, shall be issued to a vendor whose place
of business is located within 500 feet of an established place of worship. The distance
shall be the airline measurement taken from the center of the main entrance of the
proposed business to the center of the main entrance of the place of worship.
[I) Such distance limitation shall not applv to the followinq:
a. Vendors of alcoholic beveraqes, including malt and wine beveraqes. where the
vendor is licensed bv the citv as a restaurant derivinq at least 51 percent of its
gross revenue from the sale of food and nonalcoholic beveraqes.
b. Vendors of alcoholic beveraqes, including malt and wine beveraqes, for
consumption on the premises onlv where the vendor is licensed bv the citv as a
bona fide hotel, motel, or motor court.
c. Vendors of alcoholic beveraqes. including malt and wine beveraqes, for
consumption on the premises onlv where the vendor is a veterans or fraternal
organization of national scope or is a group of persons associated toqether as a
chartered or incorporated club, including incorporated social clubs which have
been in continuous active existence and operation for a period of not less than
two vears in the citv.
IC) Between vendor and school. No license for the retail sale of alcoholic beverages,
includinq malt and wine beveraaes. shall be issued to a vendor whose place of business
is located within 500 feet of an established public or private elementarv school, middle
school, or secondaw school. The distance shall be the airline measurement taken from
the center of the main entrance of the proposed business to the nearest point of the
school grounds.
[I) Such distance limitation shall not apply to vendors of alcoholic beverages,
includina malt and wine beveraqes, where the vendor is licensed bv the citv as a
restaurant derivinq at least 51 percent of its qross revenue from the sale of food
and nonalcoholic beverages.
Id) This section shall not be construed or held to affect the rights of anv existing
established business or it successors or assigns with respect to the location of the
businesses.
5
Date Prepared: April 19,2004
Ordinance 20, 2004
a:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 0;:
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(e) Whenever a business has been lawfullv established and thereafter a place of
worship or school is established within a distance otherwise prohibited by this section,
the establishment of the place of worship or school shall not be cause for the revocation
of the occupational license or otherwise prevent the continuation of the business.
SECTION 6. Section 6-5, Code of Ordinances entitled “Hotels, motels,
restaurants, etc.” is repealed in its entirety.
SECTION 7. A new Section 6-5, Code of Ordinances to be entitled “Exceptions
to distance limitations between vendors” is created to read:
Sec. 66. Exceptions to distance limitations between vendors.
la) The distance requirements set forth in this section are primarily intended to
promote the safety. health. morals, and aeneral welfare of the citizens of the citv. The
city council is of the opinion that certain businesses licensed bv the state by special
license to sell alcoholic beveraaes at retail may warrant an exception to the distance
requirements above provided; these businesses are:
(1) Vendors of alcoholic beverases, includinq wine and malt beverages. at retail for
off-premises consumption onlv.
/2) Vendors of alcoholic beverages, includinq wine and malt beverages. at retail for
on-premises consumption only, where the sale thereof is the main function of the
business.
{b) The citv council, and it alone, may upon written application for a miscellaneous
petition (MISC) bv the vendors of alcoholic beverages. includinq malt and wine
beverages, as defined in this section, bv resolution, grant a waiver to the distance
requirements of Section 6-4; the petition shall be accompanied by appropriate survev
material, maps, and site plan. No waiver to the distance requirements shall be made
until after a public hearinq thereon is held, and a notice of the public hearinq shall be
published in a newspaper of qeneral circulation in the citv on a date no less than 15
days prior to the date set for the hearinq.
IC) Further, no waiver to the distance requirements shall be qranted unless the city
council finds the followinq requirements are met:
{I) The established distance requirement of 500 feet from an established public or
private elementary school, middle school, or secondary school is not violated. The
distance shall be the airline measurement taken from the center of the main
entrance of the proposed business to the nearest point of the school wounds.
(2) In the opinion of the citv council, the qrantinq of the modification will not materially
impair the safetv, health, morals, or cleneral welfare of the citizens of the citv which
this chapter is intended to promote.
6
Date Prepared: April 19,2004
Ordinance 20, 2004
3 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 e 26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
SECTION 8. Section 6-6, Code of Ordinances entitled “Food stores selling malt
beverages and wine” is repealed in its entirety.
SECTION 9. A new Section 6-6, Code of Ordinances to be entitled “Vendors of
malt and wine beverages for consumption off premises only” is created to read:
Sec. 6-6. Vendors of malt and wine beveraqes for consumption off premises only.
The limitations provided in section 6-4 shall not atmlv to vendors of malt and wine
beverages for consumption off Dremises only.
State law references: Sale of malt beverages for consumption off the premises is not
subject to zoning, F.S. 5 563.02(1)(a).
SECTION IO. Codification of this Ordinance is hereby authorized and directed.
SECTION 1 I. This Ordinance shall become effective immediately upon
adoption.
(The remainder of this page left intentionally blank)
7
Date Ptepared: April lQ, 2006
Ordinance 20.2004
PASSE0 this (J” day of su(-y ,2004, upon first reading.
PASSED AND ADOPTED this 9 day of 3
4 and final reading.
,2004, upon second
5
6
7 CITY OF PALM BEACH GARDENS
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 a ::
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
BY
ATTEST:
BY ,rr
Patdcia Snider, Ci Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
FOR
J
J
AGAINST ABSENT
J
J
BY:
Christine P. Taturn, City Attorney
C
8
ORDINANCE 20,2004: RETAIL SALE OF ALCOHOLIC BEVERAGES
SUMMARY OF EXISTING AND PROPOSED LANGUAGE
Distance between
vendors:
Distance between
vendor and church
Distance between
vendor and school
Existi nq La nq ua qe
- 750ft
- Measurement:
Distance from bldg. to
bldg .
- Council may waive
requirement
- 750ft - Measurement:
Distance from vendor
bldg. to church parcel - Council may not
waive requirement
- 75Oft - Measurement:
Distance from vendor
bldg. to school parcel
- Council may not
waive requirement
Proposed Lanquaqe
- 500ft - Measurement:
Distance from main
entrance to main
entrance - Exempt: Restaurants,
hotels, & veterans org.
- Council may waive
requirement
- 500ft - Measurement:
Distance from main
entrance (vendor) to
main entrance (church)
- Exempt: Restaurants,
hotels, & veterans org.
- Council may waive
requirement
- 500ft - Measurement:
Distance from main
entrance (vendor) to
nearest point on school
grounds
- Exempt: Restaurants
only
- Council may not waive
req u i rernen t
ISSUE: The Forbearance Agreement and building moratorium (Page 6, Lines 27 - 43)
RESPONSE:
Forbearance Agreement: The Forbearance Agreement was adopted by City Council
during the Council meeting on April 15, 1999, through the approval of Resolution 59,
1999 (attached). The Agreement was the result of extensive work and negotiations
between the City, Palm Beach County, and the owners of undeveloped MacArthur land.
It established an orderly process for the City to review development applications to
ensure that proper safeguards were in place to protect the interest of the residents. It
also gave the City Council time to review the City’s comprehensive plan, create new
land regulations, and set standards for development. It provided a timetable for
landowners of the MacArthur properties (and all future landowners) to submit
development applications, allowing building projects to move forward. It also required
the developers to bear all implied and real costs from the impact of their developments,
and lowered the densities on many of the projects from 15 units per acre to 3 units per
acre. As a result, the Forbearance Agreement ensured that growth was managed
properly, property values increased, levels of services were maintained or improved,
and Gardens’ quality of life was preserved. Attached is a copy of the direct mail piece
that was sent out to all residents in August 2003, with details about the Agreement.
Moratorium: A moratorium on development is imposed through the adoption of an
ordinance that suspends the right of property owners to obtain development approvals
while the community takes time to consider, draft, and adopt land use plans or zoning
codes to respond to new or changing circumstances not adequately addressed in its
current code. A moratorium must be adopted in conformance with all procedures
required of any zoning or land use approval, including notice, hearing, and adoption,
and would require public hearings before the Planning, Zoning and Adjustment Board
and the City Council.
Development moratoria may be general or specific. A general moratorium imposes a
ban on the consideration and approval of all development and building applications in
the City. A specific moratorium may prevent development approvals in a particular
geographic area or of a certain type. Specific moratoria have been passed, for example,
to affect only the construction of cellular telephone antennas or adult entertainment
uses.
The purpose of a moratorium is to preserve the status quo for a reasonable time while
the municipality develops and adopts a land use strategy to respond to new issues. The
moratorium prevents developers from rushing to develop their land under current land
use rules that the city is in the process of changing. By so doing, it helps to accomplish
the purpose of the new rules by giving them the broadest possible applicability and
preventing development that is inconsistent with them.
TOWN HALL MEETING
MARCH 31,2005
RESOLUTION 59,1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING
A FORBEARANCE AGREEMENT REGARDING DEVELOPMENT
WITHIN THE CITY OF PALM BEACH GARDENS; AND,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the CFC is the successor-in-interest to certain lands previously owned by the
John D. and Catherine T. MacArthur Foundation;
WHEREAS, CFC has sold, contracted to sell, or intends to contract to sell approximately
1,912 acres of the lands to certain third-party purchasers (“Successor Group”);
WHEREAS, as a result of the sale of the lands to CFC, and thereafter to the successor
Group, the development in the City is expected to rapidly accelerate;
WHEREAS, as a result of prior experience with the implementation of its land
development regulations and the accelerated pace of development in the City, and in order to
promote and preserve the health, safety and’ general welfare of the City, the City has determined
that it is necessary to review and revise the City’s Land Development Regulations to improve its
development standards and procedures to meet public need, including but not limited to,
potential changes to level of service standards for various public facilities and services;
WHEREAS, current staff constraints contribute to the difficulty of addressing the
necessary changes to the City Land Development Regulations, the existing workload and the
proposed and anticipated development applications, even while the City already has taken steps
to obtain staff and consultant assistance;
WHEREAS, City staff has recommended the adoption of a moratorium ordinance to
enable the City to adequately address the effects of the anticipated acceleration of development;
WHEREAS, CFC, and the Successor Group, desire to cooperate with the City to avoid
the adoption of the recommended moratorium and to investigate alternative means by which the
City can address the anticipated acceleration of development, including, but not limited to,
forbearing from applying to the City for development permits for a specified period of time;
WHEREAS, CFC has recorded deed restrictions in the public records of Palm Beach
County which limit the density of development of certain lands; and -
WHEREAS, CFC, the Successor Group and the City agree that this Agreement will
mutually benefit the several parties.
Resolution 59, 1999
Page2of2
NOW, THEMFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA:
SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby
approves the Forbearance Agreement attached hereto, as if fusly incorporated herein, between the
City, CFC, and the Successor Group.
SECTION 2, This Resolution shall be effective upon .A adoption.
INTRODUCED, PASSED AND ADOPTED THIS
WOfi&E&k'I(USSO
Approved as to Form and Legal
Suffi 'ency. PAC,Wa / ATTEST:
LJNDA V. KOSIER, CMC, CITY CLERK
City Attorney
& 2 k5LdJi
AYE NAY ABSENT
J
/
VOTE:
COUNCILMAN RUSSO
COUNCILWOMANFURTAD0 - - -
COUNCILMAN JABLIN
COUNCILMAN CLARK
COUNCILMANSABATELLO - - -
---
/ --- v
/- -
Wed., April 14, 1999
As of 7:OO p.m.
FORBEARANCE AGREEMENT
THIS AGREEMENT is made and entered into this 1.5- day of April, 1999 (the
”Agreement”), by and between Communities Finance Company, a Delaware corporation and a
wholly-owned subsidiary of Watermark Communities, Inc., a Delaware corporation (“CFC”),
the City of Palm Beach Gardens, a Florida municipal corporation (“CITY”), and those parties
identified on the attached Exhibit “A” (collectively, the 66Successor Group”).
RECITALS
A. CFC is the successor-in-interest to certain lands previously owned by the John D.
and Catherine T. MacArthur Foundation, a description of which is set forth in Exhibit “B”
attached hereto and made a part hereof (the “Lands”).
B. CFC has sold, contracted to sell, or intends to contract to sell certain parcels of the
Lands to certain members of the Successor Group.
C. As a result of the sale of the Lands to CFC, and thereafter to the Successor Group,
land development in the City is expected to accelerate rapidly.
D. As a result of the anticipated acceleration of development in the City, and in order
to promote and preserve the health, safety and general welfare of its citizens, the City has
determined that it is necessary to review and revise the City’s Land Development Regulations,
including but not limited to, potential changes to level of service standards for various public
facilities and services.
E. City staffing constraints contribute to the difficulty of addressing the necessary
changes to the City’s Land Development Regulations, the existing workload and the proposed and
anticipated development applications, even while the City already has taken steps to obtain staff
and consultant assistance.
Page 1 of 30
hhat is the Forbearance Agreement?
The Forbearance Agreement is a contract between
the City of Palm Beach Gardens and the owners of
4,309.76 acres of property within the City (the former
MacArthur Foundation properties). The Forbearance
Agreement established an orderly process for the City
to review development applications to ensure that
proper safeguards protected the interest of the
residents of Palm Beach Gardens.
When was it adopted?
The Forbearance Agreement was the result of
extensive negotiations between the City, the owners of
undeveloped property and Palm Beach County. It was
formally approved by the Palm Beach Gardens’ City
Council at a public meeting on April 15, 1999.
Why was it adopted?
Trends indicated that Palm Beach Gardens was
positioned as the next “hot spot” for both residential and
tail commercial communities. Decreasing land P vailability in the southern portions of the County
translated into the dynamics of a “boomtown” scenario.
Development in the Gardens was already reaching a
critical point, stretching resources to the maximum
level.
When the MacArthur Foundation decided to liquidate its
holdings in Northern Palm Beach County through
Community Finance Company (CFC), the City of Palm
Beach Gardens had a serious dilemma. Over 4,000
acres of land, previously held as open space, was now
on the open market for sale to the highest bidder.
City Council recognized the potential benefits to the
community that would result from new development.
City Council performed a critical analysis of the
implications of massive additional development in Palm
Beach Gardens, under existing land use regulations. It
was determined that properly managed growth required
adopting new regulations to protect levels of services
and the quality of life while promoting carefully planned
develop men t .
hat could have happened without the
orb ea ran ce Agreement?
In addition to development already underway in 1999,
the development of the 4,000+ acres of MacArthur land
:odd have resulted in substantial negative impacts
in the community. The Forebearance Agreement
jssured those potential negative impacts were
ninimized.
Without With
Forbearance Forbearance
‘Average of 7 trips 1 day 1 unit.
** Average of 2 students / unit.
*** Based on 10s of 191 gallondresidenffday.
Why was this process selected?
City Council needed a mechanism that would allow
nfrastructure requirements to keep pace with
anticipated construction, allowing for “managed growth”.
4 traditional Moratorium could have resulted in untold
years of litigation at great cost to the taxpayers.
City Council had to break into uncharted territory to find
a solution - no precedents could be found in other
cities. Bringing all stakeholders - City leaders,
developers, and County officials - into round table
discussions resulted in a policy that would allow
building projects to move forward and the infrastructure
to keep pace.
What were the benefits to the City?
The Forbearance Agreement provided many long-
term benefits for the City:
Allowed the City necessary time to review and
revise Land Development Regulations.
Provided a timetable for landowners of the
MacArthur properties (and all future owners) to
submit development proposals.
Allowed for concurrency issues to be addressed
prior to new projects “coming on line”.
Required the developer to bear all implied and real
costs from the impact of their development.
Voluntary density reductions on the majority of the
projects from 15 units / acre to 3 units I acre.
Secured a new fire station package valued at
$2.205 million.
Secured a new community park valued at $3.3
million.
.
. .
1
Wwas the end result?
Allcty residents benefited from the vision that was
formulated concerning the character of the new projects
and the resulting modifications to development
regulations that help increase City property values.
Hailed as a model to be used by other municipalities -
private sector and public sector worked together for the
common good, upholding the core values of the City.
Creative thinking provided real solutions that were
endorsed by the new landowners, Palm Beach County
and City officials.
The Forbearance Agreement ensured that: . Growth is managed properly. . Property values increase. . . Levels of services are maintained / improved.
Gardens’ quality of life is preserved.
The Forbearance Agreement gave the City Council
time to review the City’s Comprehensive Plan,
create new land regulations, and set standards for
development that will enhance Palm Beach Gardens for
years to come.
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 3341 0
Visit us @ www.pbgfl.com
ISSUE: Aesthetics for Legacy Place, Post Office, and Driver's License Bureau
(Page 7, lines 40-46; page 8, lines 1-9)
RESPONSE: Mark Hendrickson, City Forester, researched the above-referenced areas
with regard to aesthetics issues. Attached is a memorandum with his findings,
activities, and suggestions. On April 6, 2005, Mr. Hendrickson addressed the
Community Aesthetics Board with regard to these issues.
Legacv Place: The Legacy Place project was originally approved by the City Council in
May of 2001. To accommodate the drainage for the entire project and for the FDOT for
PGA Boulevard project, clearing of the entire parcel occurred in early 2002.
Construction of the residential portion commenced that year and was complete by 2004.
However, within a month of the clearing, development of the commercial portion of the
project was halted due to the bankruptcy of the principal tenant. The City initiated Code
Enforcement actions against the property, and ultimately the weeds were removed. The
commercial portion of the project, however, remained unbuilt, and in 2004 the City
Council approved a modified site plan for the commercial area.
The premature land clearing of the Legacy Place project resulted in the City Council
imposing a condition of approval in all subsequent development orders which requires
that all landscape buffer and median landscaping be installed within 6 months of the
issuance of a land clearing permit. Similar time-certain conditions were included in
Resolution 129, 2004 and the required landscaping along Alternate AIA and Lake
Victoria Gardens Avenue is currently being installed by the developer. Additionally, the
City and the developer are cooperatively pursuing funding for roadway beautification in
this area.
Post Office: The Facilities Manager for the Postal Service has been contacted by Mr.
Hendrickson regarding the appearance of the Palm Beach Gardens Post Office. There
is currently a long term plan for improvements to the facility by the Postal Service, but
the improvements will not be initiated until the new postal facility in the Acreage has
opened. It was suggested that the City become involved in the planning. Mr.
Hendrickson is looking into that possibility.
Driver's License Bureau: The real estate broker for the State of Florida, Department of
Motor Vehicles building' is aware of the poor condition of this facility. This building is
part of the North County Governmental Center PCD, which requires County
participation in any changes that take place. Potential uses for this site are under
investigation, including selling the property to a private investor. City staff
recommended that the Department contact the County to inquire about the PCD
requirements and schedule a meeting with City staff to obtain a better understanding of
any potential requirements or limitations that the City may impose.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO:
FROM: Mark Hendrickson, City Forester [d
SUBJECT: Jo Ann Lang’s Town Hall Meeting Comments concerning Legacy Place,
Allyson Maiwurn, Executive Asst. to City Mgr. DATE: April 14,2005
Post Office and Driver’s License Sites
On April 6, 2005, I addressed the Community Aesthetics Board, of which Ms. Jo Ann
Lang is a member, concerning the Board’s long standing issues about the appearance of
Legacy Place, the Post Office off of Fairchild Gardens Avenue, and the Driver’s License
Office off of PGA Boulevard.
I assured the Board that the premature clearing of vacant property rarely occurs, and code
enforcement was used to control the weeds on Legacy Place. The history of this project
would indicate that the clearing permit was issued correctly by the City. All City codes
and development conditions of approval were met by the developer. Approximately a
month after the clearing had occurred, the principal tenant, Jacobson’s, filed Chapter 11
and pulled out of the project. Shortly after that, the developer stopped work on the
commercial portion, while the residential portion continued. It took four years to amend
the original Legacy Place Site Plan, and another six month to break ground again. All of
the members were aware that the new developer of the commercial portion of Legacy
Place had begun construction. The weeds have been removed and the buffers along
Alternate A1A and Lake Victoria Gardens Avenue South are being installed.
0
On the other subjects, I advised the Board that I had contacted Ms. Marilyn Davis,
Facilities Manager for the Postal Service out of Atlanta, concerning the appearance of the
PBG Post Office site. She advised me that they are aware of the declining condition of
that very heavily used building and grounds. She stated the Postal Service does have a
long term plan for that facility, but the budget is tied to the construction of a new facility
in the County at the intersection of Northlake Boulevard and Coconut Drive in the
Acreage. She provided a name, address and phone number of the Manager of Real Estate
for the Postal Service, which she said should be notified now if the City would like some
input into the planning of the new PBG Post Office. She repeated that nothing would be
done until the carriers have been moved to the new Acreage Facility. I informed the
Board that I would draft a letter, as suggested by Ms. Davis, and route it through my
supervisors.
I also informed the Board that I had spoken to Ms. Danielle Vennett of the Stanbach
Company, who is the real estate broker for the State of Florida, Department of Motor
Vehicle. Ms. Vennett contacted the City several times recently to inquire about the
potential uses of this site in City, including selling the property to a private investor. She
called me to learn about the history of the North County Governmental Center PCD, in
which they are currently partnered with Palm Beach County. She advised me that the
State receives a call every day on the poor condition of this facility. I advised her that the
City was very interested in having this facility upgraded, but that she should contact the
County on any of the details of the PCD, if there was going to be any changes. I
suggested that she arrange a meeting with City staff as well, to gain a better
understanding of any potential requirements or limitations the City may impose on this
site along PGA Boulevard. The Board advised me to keep them updated as more
information becomes available.
1 e:
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 0 ;:
26.
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
agreement.
J
take action back five years ago and I think we did quite a good job of controlling the
growth that could have been a terror. I appreciate what your concerns are and we are all
concerned about growth and traffic that we all live with and like the Mayor said we
cannot stop developers from using their land but we can shape them and that’s one thing
we did do back in 99, I forget what the date was when we signed the forbearance
If you want more information about it I’m sure the Mayor’s office will
be happy to, the City Manger’s Office will be happy to give you any
information surrounding that. I didn’t want that comment to go without
some answer because I understand where are coming from and we all
do.
I didn’t want that comment to go unanswered because I understand where you are coming
from, we all do.
Joe: We did a number of things, not to mention we had the discussion in one of our
community meetings about widening PGA Blvd. because the developers at that point
wanted us to widen PGA Blvd. And if we would have widened PGA Blvd. there would
have been that much more traffic on all the other roads. And basically the residents that
are here in that community said we don’t want that. We will take a little more traffic on
PGA Blvd. but’we don’t want to have that much. And basically in negotiating with the
developers but we had a six month moratorium at that point and we did what we had to
do to protect us as best as we can. We can go through that forbearance agreement and I
think that is one of the best planning document that was ever written. We can spend the
whole night on it. Unfortunately, we do the best we can. If I’m in the position today it’s
definitely not good enough. That’s just they way I feel. We are here to try and do what
ever we can do to make it better. Unfortunately, everyone has rights and sometimes rights
interfere with other rights and we are trying to do our best to make sure at the end of the
day is a win, win, we are trying.
Joanne Lang: Congratulations Mayor: I’m Joanne Lang.
Joe Russo: Can we get another mike. We are recording so we can transcribe everyone’s
comments so we can give responses to them.
Joanne Lang: I still want to say congratulations. We live in a beautiful City and I just
served a term on the Beautification Board and some of our board members are here
tonight and it has been renamed the Aesthetics Committee. We try along with the City
employees, which they did an excellent, speedy cleanup job after the hurricane. Our City
is so beautiful and we try and keep it nice and clean and keep it up and we are proud to
live here but there are a couple of buildings in our city that we have discussed numerous
times one of which is that Driver’s License Bureau. I made a suggestion that we build a
big berm in front of it just like they have a the Courthouse and then do plantings in front
of that like they have at Frenchman’s reserve, so you can’t see the building. The other
horrible building is the Post Office. I know we can’t do anything about it but maybe
7
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
coming from you, maybe you can move on this. I am also president of the Palm Beach
Gardens Garden Club and we took it upon ourselves with permission of the Post Office to
go in there and clean up the place. We did and it lasted about 3 months and someone
came in planted stuff everywhere so it looks terrible there and I refuse to go back and do
anything else there but maybe the City can do something to clean up these 2 buildings but
at least see that they are landscaped so and so you don’t see them every time you drive
down PGA Blvd. You mentioned Legacy Place. That was an issue with me every time
we have a meeting. They were in a big hurry to take down the trees and then all we had
was mountains of weeds. Maybe you can do something about this.
Joe Russo: Thank you those were two great comments.
J We are going to put that down and see what we can get done.
Joanne Lang: Incidentally, our Board produced one of the pamphlets called Wet Lands
and it’s received wonderful approval and we entered that in a nationwide contest and we
won 3rd place with it.
Diane Mahar: My name is Diane Mahar and I live in Horseshoe Acres right off of
North Lake Blvd. and I’ve lived in Horseshoe Acres since 1988 there was a horse stable
to the west of our property and North Lake was two lane road with a cow pasture on the
North side. That was then. Today we have Christ Fellowship to the West of us, which is
actually there small campus now and to their North side Christ Fellowship built their
mega church and in today’s mail I received notification that Christ Fellowship they are
are planning on building a 150,000 square foot complex. We need protection from the
City to help with these issues because of the traffic issues, the safety issues and the
number of cars that will be brought there. We .would like the City to help resolve our
issue as the Christ fellowship project comes on the North side of us and we would like to
have the protection of a wall on the North side of us Horseshoe Acres to help protect us
from this.
Joe Russo: Thank you
Ruth Peoples: I’m Ruth Peeples I live at 184 Bent Tree. I want to thank you for taking
additional time, from your personal time to talk to us tonight and you are taking away
time from your families too. I want to talk to you about
Joe: I hope somebody comments that we need to get a better speaker system (HA HA)
Ruth Peeples: I would like to talk to you about the South Hampton Development that is
proposed on the Northeast corner of PGA Blvd. and Central. It is 245 3 story town home
and Bent Tree is right next door that development. We are opposed to three stories in this
development. We are asking the City Council to not approve that waiver. We are also
asking for a wall between that development and Bent Tree. Something that I would like
the City Council to be aware of, one of the council members is aware already because he
attended board meetings where the South Hampton developer came to our meeting to talk
8
6 3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22 B
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING A SITE PLAN
AMENDMENT FOR THE COMMERCIAL PORTION (PARCELS A, B,
AND C) OF THE LEGACY PLACE PLANNED COMMUNITY
DEVELOPMENT (PCD) LOCATED ON THE SOUTHEAST CORNER
OF THE INTERSECTION OF VICTORIA GARDENS AVENUE AND
PGA BOULEVARD, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO ALLOW THE CONSTRUCTION OF A MIXED USE
DEVELOPMENT CONSISTING OF 399,000 SQUARE FEET OF
COMMERCIAL SPACE AND 69,000 SQUARE FEET OF OFFICE
SPACE ON APPROXIMATELY 48 ACRES OF LAND; PROVIDING
FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 3, 2001, the City Council approved Ordinance IO, 2001
establishing the Legacy Place Planned Community Development (PCD) consisting of
399,000 square feet of commercial space, 69,000 square feet of office space, and 384
residential units on approximately 74 acres of land located at the southeast corner of
the 'intersection of Victoria Gardens Avenue and PGA Boulevard; and
WHEREAS, on May 3, 2001, the City Council approved Resolution 58, 2001,
thereby approving the site plan for the commercial portion (Parcels A, B, and C) of the
Legacy Place PCD allowing for the construction of 399,000 square feet of commercial
space and 69,000 square feet of office space; and
WHEREAS, the City has received a request (SP-03-22) from Ms. Dodi Glas, of
Urban Design Studio, on behalf of The Sembler Company and PGA Gateway Ltd., for
approval of a site plan amendment for the commercial portion (Parcels A, B, and C) of
the Legacy Place PCD allowing for the construction of a mixed-use development
consisting of 399,000 square feet of commercial space and 69,000 square feet of office
space; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City's Comprehensive Plan
and Land Development Regulations, and has recommended approval; and
WHEREAS, the Planning and Zoning Commission reviewed said site plan
amendment petition at its May 11, 2004, meeting and recommended its approval by a
vote of 7-0; and
Y
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 Q 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Date Prepared: June 1,2004
Resolution 129, 2004
As Amended July 1,2004
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 adoption of this Resolution is 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 amended development plans for the commercial portion (Parcels
A, B, and C) of the Legacy Place PCD are hereby APPROVED on the following described
real property, subject to the conditions of approval contained herein, which are in addition
to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
PARCELS 28.01 and 28.02
THAT PARCEL OF LAND LYING IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THAT PORTION OF SAID SECTION 6, LYING EASTERLY OF THE EAST RIGHT-OF-
WAY LINE OF STATE ROAD 811 (ALTERNATE AIA), LYING SOUTHERLY OF THE
FORMED BY THE WEST LINE OF THE SOUTHWEST QUARTER (SW %) OF THE
WAY LINE OF FAIRCHILD AVENUE AS DESCRIBED IN THE OFFICIAL RECORDS
LINE OF RCA BOULEVARD.
SOUTH RIGHT-OF-WAY LINE OF PGA BOULEVARD, LYING WESTERLY OF A LINE
SOUTHEAST QUARTER (SE %) OF SAID SECTION 6 AND THE WEST RIGHT-OF-
BOOK 5478, PAGE 146, AND LYING NORTHERLY OF THE NORTH RIGHT-OF-WAY
TOGETHER WITH THAT PORTION OF SAID SECTION 6 LYING EASTERLY OF THE
WEST LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL
RECORDS BOOK 2719, PAGE 21, PUBLIC RECORDS OF THE PALM BEACH,
LINE OF PGA BOULEVARD.
EAST RIGHT-OF-WAY LINE OF FAIRCHILD AVENUE, LYING WESTERLY OF THE
COUNTY, FLORIDA, AND LYING SOUTHERLY OF THE SOUTH RIGHT-OF-WAY
LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND IDENTIFIED AS
PARCEL 100, AS RECORDED IN THE OFFICIAL RECORDS BOOK 10839, PAGE
1477, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
2
Date Prepared: June 1,2004
Resolution 129, 2004
As Amended July 1,2004
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following ten (1 0) waivers:
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 6 25
26
27
28
29
30
31
32
33
34
35
1.
2.
3.
4.
5.
6.
7.
8.
9.
Section 78-344(l)( 1 ), entitled Minimum dimensions (of off-street parking), to
allow 9-foot-wide parking spaces for 389 parking spaces within the top two
(2) levels of the parking garage and 259 9.5-foot-wide surface level parking
spaces at various locations at reflected on the approved site plan.
Section 78-315(b), entitled Landscape islands, to allow more than 9 parking
spaces in a row without the inclusion of a landscape island.
Section 78-344(1)( I), entitled Minimum dimensions (of off-street parking), to
allow a reduction of the paved area of a parking space from 18.5 feet to
16.5 feet.
Sections 78-341, 78-343, and 78-344(h) to allow on-street parking and
reduced off-street stacking distance from the east-west connector.
Section 78-563, entitled Lake maintenance tracts, to allow encumbrances
with Lake Maintenance Easements (LME) and minimum 12-foot-wide LMEs
in specific areas identified on the approved site plan.
Section 78-1 57(h)(5)(d) to allow 5 foot-wide sidewalks within the parking lot
areas as identified on the approved site plan.
Section 78-285 to allow for tenants containing multiple street frontages to
have two (2) signs per tenant as reflected on the approved sign program.
Section 78-506 to allow sidewalks on one (1) side of the public access
easement along the entrance into the project from Alternate AIA, as well as
on one (1) side of the street along the portion of the roadway (public access
easement) adjacent to Retail Buildings 7-1 0.
Section 78-1 82 to allow for a 12.5-footcandle lighting measurement within
the parking garage.
36 IO. Section 78-287(e) to allow for tenants having federally registered trademark
37 signs to use their registered color scheme, subject to the restrictions
38 contained in paragraph 42 herein.
39
40
41
42
43
44
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the applicant, its successors, or assigns:
3
Date Prepared: June 1,2004
Resolution 129,2004
As Amended July 1,2004
Landscape Buffers
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
1.
2.
3.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
BY (six (6) months from the effective date hereof), the
landscaping and irrigation of the PGA Boulevard, Alternate AI A, Victoria
Gardens Avenue, and Fairchild Gardens Avenue landscape buffers shall be
completed. The Growth Management Administrator shall be authorized to
grant a one-time, three (3) month extension to this requirement upon
demonstration by the applicant of a good-faith effort to satisfy the same in a
timely manner. (City Forester)
The 55-foot-wide landscape buffer along Alternate AIA shall provide a solid
screen of the first 8 feet (from grade upward) of all building structures along
Alternate AI A. The City Forester may require additional landscaping, if
necessary, to this area prior to the issuance of the adjacent buildings’
Certificates of Occupancy to accomplish the required solid screening. (City
Forester)
The landscape buffer at the rear of Retail Buildings 7-10 shall provide a
solid screen of the first 6 feet (from grade upward) of the service areas of
Retail Buildings 7-1 0. The City Forester may require additional landscaping,
if necessary, to this area prior to the issuance of the adjacent buildings’
Certificates of Occupancy to accomplish the required solid screening. (City
Forester)
Landscapinq of Adiacent Riahts-of-Wav
4. By (six (6) months from the effective date hereof), the
landscaping and irrigation of the median and adjacent road shoulder of the
portion of Fairchild Gardens Avenue north of the residential portion of the
Legacy Place PCD, as well as the additional open spacekoad shoulder
within the Fairchild Gardens Avenue right-of-way west of the Post Office
that will be created with the new roadway alignment as depicted on the site
plan, shall be installed to the satisfaction of the City Forester. The
landscaping of the Fairchild Gardens Avenue median adjacent to the non-
residential portion of the PCD shall be consistent with the existing
landscaping within the Fairchild Gardens Avenue median adjacent to the
residential portion of the PCD. The Growth Management Administrator shall
be authorized to grant a one-time, three (3) month extension to this
requirement upon demonstration by the applicant of a good-faith effort to
satisfy the same in a timely manner. (City Forester)
5. By (six (6) months from the effective date hereof), the
landscaping and irrigation of the PGA Boulevard, Alternate AIA, and
Victoria Gardens Avenue medians and adjacent road shoulders for the
portions of said roadways adjacent to the nonresidential portion of Legacy
Place PCD shall be installed by the applicant based on the FDOT plans
4
Date Prepared: June 1,2004
Resolution 129,2004
As Amended July 1,2004
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 ii
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
6.
7.
8.
9.
submitted to the City on March 31, 2000. In order to maintain consistency
with the aforesaid plans, the applicant shall be responsible for adding
supplemental landscaping to any of said areas that are landscaped by the
FDOT as part of the PGA Boulevard Flyover project, should the quantity of
landscaping installed by the FDOT be substantially less than that depicted
on the above-referenced plans. The Growth Management Administrator
shall be authorized to grant a one-time, three (3) month extension to this
requirement upon demonstration by the applicant of a good-faith effort to
satisfy the same in a timely manner. (City Forester)
BY (six (6) months from the effective date hereof), the
landscaping and irrigation within the lake property bounded by PGA
Boulevard, Alternate AIA, and Victoria Gardens Avenue, as well as within
the medians and road shoulders adjacent thereto, shall be installed by the
applicant based on the FDOT plans, subject to the discretion of City staff.
The Growth Management Administrator shall be authorized to grant a one-
time, three (3) month extension to this requirement upon demonstration by
the applicant of a good-faith effort to satisfy the same in a timely manner.
(City Forester)
The applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard, Victoria Gardens Avenue,
Alternate AI A, and Fairchild Gardens Avenue adjacent to the nonresidential
portion of the Legacy Place PCD; and (2) the additional open space/road
shoulder within the Fairchild Gardens Avenue right-of-way west of the Post
Office that will be created with the new right-of-way alignment as depicted
on the site plan. The applicant shall make arrangements with the Regional
Center Property Owners Association to share in the maintenance cost of the
PGA Boulevard median(s) adjacent to its property. (City Forester)
The Landscape Architect of Record shall inspect and sign off on every
Certificate of Occupancy. (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 Legacy Place 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)
5
Date Prepared: June 1,2004
Resolution 129, 2004
As Amended July 1,2004
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 6 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Police
10. By (120 days from the effective date hereof), the applicant
shall, in a cooperative effort, work together with the Police Department to
implement, to the maximum extent possible, the CPTED recommendations
contained in the report prepared by the City’s CPTED consultant relating to
the subject site, subject to the discretion of the Growth Management
Administrator. (Police Department, Planning & Zoning)
11. Lighting shall not conflict with landscaping, including long-term tree growth.
(Police Department)
12. All lighting for streets, 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 and shall be lit at a
minimum of 0.6-foot candles. (Police Department)
13. Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police Department)
14. Entry signage shall be lighted. (Police Department)
15. Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police
Department)
16. Numerical addresses shall (1) be illuminated for nighttime visibility and be
unobstructed; (2) have bi-directional visibility from the roadway; and (3) be
placed at the front and rear of each business. (Police Department)
17. 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 180-degree peephole viewers.
e. All perimeter doors shall be equipped with hinges that utilize non-
removable hinge pins. (Police Department)
18. Exterior roll-up doors shall be target hardened. (Police Department)
6
Date Prepared: June 1,2004
Resolution 129,2004
As Amended July 1,2004
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21 i 25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
19. Prior to the issuance of the first building permit for vertical construction, the
applicant shall work with the Police Department to develop a high-resolution
color digital closed-circuit security surveillance system with monitoring and
photo printout capabilities. The Police Chief shall have final approval on the
required number of cameras and locations thereof within the site. (Police
Department)
Encjneering
20. Prior to the issuance of the first building permit, the applicant shall provide a
pavement marking and signage plan for the project. (City Engineer)
21. Prior to the issuance of the first building permit, the applicant shall submit
written approval from FDOT allowing the landscaping and light poles within
FDOT’s drainage easement. (City Engineer)
Parkinq Structure
22.
23.
The applicant shall submit, at its cost, an annual parking study to determine
the actual parking demand on site. The observed demand will be compared
to the existing parking supply to determine if the provided parking is
adequate to accommodate existing demand, plus expected demand
generated by the uses that have not yet been issued Certificates of
Occupancy. This calculation will include an appropriate buffer between the
parking supply and demand as recommended by the Institute of
Transportation Engineers, Urban Land Institute, or other recognized
published traffic engineering organizations or resources. The first annual
parking study must be submitted when Certificates of Occupancy for 80% of
the project’s approved square footage have been issued. The parking study
will be performed on an annual basis for a period of five (5) years by an
independent professional traffic engineer mutually selected by the applicant
and City staff. The precise methodology shall be agreed upon by both the
applicant and City staff at the time that the study is initiated. At a minimum,
the study is to be performed during the peak season and during the peak
operating hours on a Thursday, Friday, and Saturday (with the exception of
the Christmas and Thanksgiving holidays), or as determined by the Growth
Man agemen t Administrator. (City Engineer)
Should the parking study conclude that the available on-site parking is 90%
or more occupied, then the applicant shall provide a permanent (perpetual)
solution to increase parking supply for the project. The solution may include
(1) the construction of one additional level atop the three existing levels of
the parking garage, so long as the additional level is designed to have the
appearance of a building other than a garage that is architecturally
consistent with the rest of the site, subject to the approval of the Growth
Management Administrator; or (2) other viable alternative means as
7
Date Prepared: June 1,2004
Resolution 129,2004
As Amended July 1,2004
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
y4
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
24.
25.
26.
approved by the City Council. When the on-site parking is determined to be
90% or more occupied, the shared parking study provided by the applicant
shall be considered null and void, and the applicant shall construct the
required parking based on the number of spaces recommended by the
above-referenced parking study, or as otherwise determined by the City
Council. (City Engineer)
Prior to issuance of any Certificates of Occupancy for improvements
authorized by this site plan amendment, the applicant shall transfer any
surety for completed public improvements and post additional surety as
necessary to secure 110% of the cost of construction of the additional
parking spaces referenced in Condition No. 23. The City shall release
neither the surety posted by the applicant for public improvements nor the
additional surety to be paid by the applicant after completion of said
improvements for a period of five (5) years from the date the subject
development receives Certificates of Occupancy for 80% of the approved
square footage for the subject site. (Planning & Zoning)
Construction of the addition to the garage or provision of additional parking
spaces by a permanent (perpetual) alternative means for the project shall
be completed within one (1) year of the determination that the on-site
parking is 90% occupied. No additional Certificates of Occupancy or
occupational licenses shall be issued or renewed until said additional
parking is provided, or the City may draw down upon the security posted to
ensure compliance with this condition. (City Engineer)
The applicant shall grant to the City a temporary construction easement 20
feet wider than the proposed footprint of the parking garage. Said
easement shall be conveyed to the City by a separate instrument within
thirty (30) days from the determination that the on-site parking is 90%
occupied. (City Engineer)
Art in Public Places
27. Prior to the issuance of the first Certificate of Occupancy, the required Art in
Public Places, of a value equal to one percent (1%) of the total cost of
vertical construction for the project, shall be installed as approved by the
City Council. Should the applicant wish to provide payment in lieu thereof,
said payment shall be posted to the City prior to the issuance of the first
building permit. (Planning & Zoning)
28. The monument sign at the corner of Victoria Gardens Avenue and PGA
Boulevard shall not conflict with the Art in Public Places at said location.
The final location and design of the proposed monument sign shall be
approved by the Growth Management Administrator subsequent to the
approval of the public art by the City Council. (Planning & Zoning)
8
Date Prepared: June 1,2004
Resolution 129, 2004
As Amended July 1,2004
Miscellaneous
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
29. 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,
Development Compliance Officer)
30. Prior to the issuance of the first Certificate of Occupancy, 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)
31. Prior to the issuance of the first building permit, the commercial portion of
the PCD shall be replatted. Said replat shall dedicate Fairchild Gardens
Avenue to the City similar to the previous replat for the residential parcel
and shall dedicate the thoroughfares within the property to the City as Public
Access Easements. (Planning & Zoning)
32. Shopping carts shall not be allowed to accumulate in any outside area with
the exception of the cart corrals and shall be removed from cart corrals in a
timely manner and relocated to storage areas inside the building structures.
(Planning & Zoning)
33. The applicant shall maintain at least one (1) public restroom within the
northernmost portion of the site. Signage shall be provided throughout the
site identifying the location of the public restroom. (Planning & Zoning)
34. Prior to the issuance of the first Certificate of Occupancy, the applicant shall
provide pedestrian-scale lighting on the sidewalks adjacent to the property
within the adjacent rights-of-way, unless said lighting is already being
provided as part of another construction project. (Planning & Zoning)
35. 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)
36. 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)
37. Outdoor storage within the site is prohibited. (Planning & Zoning)
9
Date Prepared: June 1,2004
Resolution 129,2004
As Amended July 1,2004
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
38. Prior the issuance of the first Certificate of Occupancy, the construction of a
bus shelter that is consistent with the bus shelters previously approved by
the City Council at the location so designated by Palm Tran shall be
completed. (Planning & Zoning)
39. Uses on site shall be limited to those uses allowed within the PGA
Boulevard Corridor Overlay. It is the intent of this condition that any uses
which are permitted or conditionally permitted through the adoption of
Ordinance 18, 2004 may be instituted on this property without further
amendment to this approval. (Planning & Zoning)
40. The two (2) out-parcel buildings along Victoria Gardens Avenue shall not be
used for restaurant use unless the applicant provides an adequate traffic
equivalency statement and parking analysis demonstrating compliance with
traffic performance and parking standards. (Planning & Zoning)
41. No striped awnings shall be permitted on site. (Planning & Zoning)
42. Wall signage on site, with the exception of those tenants having federally
registered trademark signs, shall be limited to the following:
a. White letters only along PGA Boulevard, including federally registered
trademark signs.
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
b. Along public access easements, white and one (1) additional color as
selected by staff.
c. The size of all signs, including federally registered trademark signs, shall
be consistent with City codes.
d. For tenants facing the parking lots (buildings 1, A, B, C, 2, 3, D, E, F, GI
MI N, and 0), tenants shall have its standard signage with regards to
color and font.
SECTION 5. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
1. Sheets 1 through 5 of 5: Site Plan, prepared by Urban Design Studio, last
revised on May 17, 2004, and received and stamped by the City on June 1 ,
2004.
2. Sheets 1 through 7 of 7: Landscape Plan, prepared by Urban Design
Studio, last revised on May 17, 2004, and received and stamped by the City
on June 1,2004.
10
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
3.
4.
5.
6.
7.
a.
9.
Date Prepared: June 1,2004
Resolution 129, 2004
As Amended July 1,2004
Sheets B-I .I through B-I 6.1: Building Elevations, prepared by Robertson
Loia Roof Architects and Engineers, last revised and printed on June 1,
2004, and received and stamped by the City on June I , 2004.
Sheets F-I through F-12: Floor Plans, prepared by Robertson Loia Roof
Architects and Engineers, last revised and printed on June I, 2004, and
received and stamped by the City on June I , 2004.
Sheets R-I through R-9: Roof Plans, prepared by Robertson Loia Roof
Architects and Engineers, last revised and printed on June 1, 2004, and
received and stamped by the City on June I, 2004.
Sheets CL-1 through CL-5: Photometric Site Plans, prepared by Robertson
Loia Roof Architects and Engineers, last revised and printed on June 1,
2004, and received and stamped by the City on June 1 , 2004.
Sheets A-I .I through A-16.1: Color Building Elevations, prepared by
Robertson Loia Roof Architects and Engineers, last revised and printed on
June I, 2004, and received and stamped by the City on June 1,2004.
Sheets 1 through 11 of 11: Signage Program, prepared by the Sembler
Company, dated June 1, 2004, and received and stamped by the City on
June 1,2004.
Amenities Plan, prepared by Urban Design Studio, received and stamped
by the City on June 1,2004.
SECTION 6. Said approval shall be consistent with all representations made by
the applicant or applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
11
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
(D34
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
Date Prepared: June 1,2004
Resolution 129, 2004
As Amended July 1,2004
PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER CLARK
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
AYE NAY ABSENT
G:\attorney-share\RESOLUTlONS\legacy place site plan amendment - reso 129 2004-AS AMENDED.doc
12
ISSUE: Southampton Development (Page 8, Lines 40- 46; Page 9, Lines 1-7)
RESPONSE: Ordinance 14, 2004 and its companion item Resolution 48, 2005
(Southampton PUD) is scheduled for its first reading at the Council meeting on April 21 ,
2005. This is a residential Planned Unit Development (PUD) request for Parcel 31.02,
which is located at the northeast corner of PGA Boulevard and Central Boulevard. The
proposed Southampton PUD consists of 202 three-story townhouse units, 43 two-story
townhouse units, a gatehouse, and a clubhouse, on an approximately 38.5-acre site. On
January 25, 2005, the Planning, Zoning, and Appeals Board voted 5-2 to recommend
approval of the subject petition to the City Council. Staff recommends approval of
Ordinance 14, 2005 and Resolution 48, 2005 with the five waivers and conditions
(Attached).
The applicant is requesting a waiver from City Code Section 78-141 , Residential Zoning
Districts, to allow 37 townhouse buildings to be three stories high. This project is
bounded by one- and two-story homes to the north (Bent Tree PUD) and one-story
homes to the east (Gardens of Woodberry). The applicant has revised the plans to
reflect two-story townhouses located along the eastern and northern perimeters of the
subject site. Therefore, only townhouse buildings interior to the site, adjacent to PGA
Boulevard, and Central Boulevard are three stories high. The actual heights of the
three-story townhouse buildings (35’) maintain the 36-foot building height requirement. It
is staffs professional opinion that this waiver will not negatively impact the surrounding
area. Staff is recommending approval of this waiver.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Planning and zoning
Division Director
Tala1 Benothman, AICP
Date Prepared: March 18,2005
Meeting Date: April 21,2005
Ordinance 14,2005 & Resolution 48,2005
- --
Growth Management:
Project
Manages
Subject/Agenda Item:
Ordinance 14,2005 & Resolution 48,2005: Southampton PUD (Parcel 31.02)
First Reading: A request by Troy Holloway of Gentile, Holloway, O’Mahoney, & Associates
Inc., on behalf of Palm Beach Gardens Limited Partnership, for a rezoning fiom Planned
Development Area (PDA) to Residential Medium (RM) with a Planned Unit Development
(PUD) Overlay to construct 245 townhouse units on an approximately 38.5-acre site, at a density
of 6.36 dwelling units per acre. The proposed Southampton PUD is located at the northeast
corner of Central Boulevard and PGA Boulevard.
City Attorney
Christine Tatum
[XI Recommendation to APPROVE with five waivers
Brad Wiseman
Senior Planner
[XI Recommendation to DENY one waiver
-
Reviewed by: I Originating Dept.:
Ix] Quasi - Judicial
[ ] Legislative
[ J PublicHearing
Advertised:
[XI Not Required
Date: NIA
Paper: NIA
Development
Compliance
Bahareh Keshavarz-Wolfk,
AICP
Growth Management
Administrator
Charles K. Wu, AICP
Approved By:
[ ]Notified
[XI Not Required
Ronald M. Ferris
City Manager
FINANCE:
Costs: $N/A
Total
$- N/A
Current FY
Funding Source:
Budget Acct#:
NA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ]Denied
[ J Rec. approval
[ 3 Rec. app. w/ conds.
[ ]Rec.Denial
[ 3 Continued to:
Attachments:
Resident Comments
ReducedPlans
Ordinance 14,2005
Resolution 48,2005
Date Prepared: March 18,2005
Meeting Date: April 2 1,2005
Ordinance 14,2005 & Resolution 48,2005
0 FxEC UTIVE SUMMARY
The subject petition is a residential Planned Unit Development (PUD) request for Parcel 3 1.02,
which is located at the northeast corner of PGA Boulevard and Central Boulevard. The proposed
Southampton PUD consists of 202 three-story townhouse units, 43 two-story townhouse units, a
gatehouse, and a clubhouse, on an approximately 38.5-acre site. On January 25, 2005, the
Planning, Zoning, and Appeals Board voted 5-2 to recommend approval of the subject petition to
the City Council. Staff recommends approval of Ordinance 14, 2005 and Resolution 48, 2005
with the five waivers and conditions provided therein.
BACKGROUND
The subject site is a vacant parcel of unimproved land and is surrounded by residential on the
north and east sides, Central Boulevard to the west, and PGA Boulevard to the south. To the
north of the subject site is the Bent Tree Planned Unit Development (PUD), which is comprised
of one and two-story single-family dwelling units. To the east of the subject site is the Gardens
of Woodberry, which consists of one-story multi-family dwelling units.
The proposed Southampton Planned Unit Development (PUD) consists of 245 two and three-
story townhouse units on an approximately 38.5-acre site, at a density of 6.36 dwelling units per
acre. This project has been designed utilizing the Traditional Neighborhood Design concept,
which provides for rear loaded garages accessed by alleys; covered fiont porches adjacent to
passive parks and lakes; and on-street parallel parking. 0
LAND USE & ZONING
The subject site has Future Land-Use and Vision Map designations of Residential Medium (RM)
and has a zoning designation of Planned Development Area (PDA). The PDA zoning designation
is defined by the Land Developnient Regulations as “large tracts of land that are established as
holding zones until applications for development order approval are submitted.” The applicant is
requesting to rezone the subject site to a Planned Unit Development (PUD) Overlay with an
underlying zoning designation of Residential Medium (RM), which will permit a maximum
density of nine dwelling units per acre.
FORBEARANCE AGREEMENT
The Southampton PUD is subject to the density limit set forth in the Forbearance Agreement
between developers and the City, which stipulates a maximum density of nine dwelling Units per
acre for the subject site. The applicant is proposing 6.36 dwelling units per acre and is therefore
in compliance with the Forbearance Agreement.
2
Date Prepared: Mach 18,2005
Meeting Date: April 2 1,2005
Ordinance 14,2005 & Resolution 48,2005
CONCURRENCY a
The proposed project received conditional traffic concurrency certification on May 25, 2004,
with a build-out-date of December 31, 2005. Traffic concurrency approval is contingent upon
several conditions that will be incorporated into the approving resolution.
School
The applicant received school concurrency certification fiom the School District of Palm Beach
County for the proposed project on November 1,2004.
Parks & Recreation
Policy 7.1.4.2 of the City’s Comprehensive Plan requires applicants to set aside 600 square feet
per dwelling unit for public parks and recreation; or to submit money in-lieu of land dedication,
subject to City Council approval. The applicant is proposing money in-lieu of land dedication,
which is consistent with the City’s impact fee collection system. This will ensure that the
existing Levels of Service (LOS) for pub& parks is maintained.
Solid Waste
The Solid Waste Authority (SWA) has certified that disposal
accommodate solid waste generation from the proposed project.
PROJECT DETAILS
Site Accesa
capacity is available to
The only entrance to the PUD is proposed off of Central BoulevarL, which also serves as the
primary exit &om the site. Vehicles may enter the site after receiving security clearance from the
guard house and passing through the gates. At staff‘s request, the applicant is proposing a
median cut on Central Boulevard to provide motorists with the ability to make left-hand turns
when entering and exiting the project. The applicant is in the process of obtaining approval for
the proposed median cut fiom Palm Beach County. A right-turn only egress point is proposed at
the southeastern corner of the site, which will be utilized by residents and guests exiting onto
PGA Boulevard. This egress only point for residents and visitors will also allow emergency
vehicles a secondary entrance to the site.
Site Plan & Design
The majority of the homes on-site are designed utilizing rear-loaded garages, which are accessed
by alleys in the rear of the homes. This Traditional Neighborhood Design concept provides for a
pedestrian fiiendly streetscape in the fiont of the homes. Pedestrian paths, with connecting brick
paver crosswalks in vehicular use areas, are provided throughout the project and allow residents
3
Date Prepared: March 18,2005
Meeting Date: April 2 1,2005
Ordinance 14,2005 & Resolution 48,2005
Unit A Unit B Unit C
3 Stories 3 Stories 2 Stories
1,943 sq. ft. 1,887 sq. ft. 2,540 sq. A.
Rear Loaded Rear Loaded Front Loaded
Garage Garage Garage
2 half bathrooms 2 half bathrooms 1 half bathroom
2 full bathrooms 2 full bathrooms 3 full bathrooms
74 Total Unit$ 128 Total Units 27 Total Units
safe access to all interest points within the PUD. These pedestrian paths also include several
gazebos, benches, and waste receptacles. 0
Unit D
2 Stories
2,607 ,sq. ft.
Front Loaded
Garage
1 half bathroom
3 full bathrooms
16 Total Units
The site incorporates four passive parks, which are referred to as “green parks” on the site plan.
Each of these parks is centrally located within the neighborhoods and may be accessed by 5-foot
wide pedestrian paths. Several homes in the project abut these passive parks.
The applicant is also proposing fountains within the three lakes on-site and surrounding 6-foot
wide pedestrian paths. Similar to the placement of the “green parks,” these lakes have been
designed as focal points for the PUD. One lake is centrally located, which is adjacent to the
project entrance. The other two lakes are located between abutting neighborhoods in addition to
their primary function, with one lake in the northern portion of the PUD and the other in the
south. Several townhouse units abut these lakes and pedestrian access may be achieved through
the use of pedestrian paths.
In addition to the passive parks, an amenity parcel has been provided immediately east of the
central lake. This amenities parcel consists of a clubhouse, pool, and tot lot. The clubhouse will
be utilized for resident needs, such as party and meeting space as well as the common mail room.
Townhouses
Architecture
A tower feature with an adjoining second-story balcony frame the entry to several of the thee-
story units, which create a covered fiont porch for the first story. The fkont porch and entryway
are further accented by decorative bricks or a spiral column. The second story porches for the
three-story models incorporate a pronounced Spanish tile roof. The two-story models also
incorporate a pronounced Spanish tile roof below the second story, which provides a covered
porch for the first floor. The fiont elevations of the townhouses include large windows with
ledges on the first, second, third stories, and smaller oval or square shaped decorative windows
on the third-story. All large windows have either horizontal or vertical faux shutters. The Spanish
tile, which is khaki in color, is the roof material utilized for all buildings in the project. All
4
Date Prepared: March 18,2005
Meeting Date: April 21,2005
Ordinance 14,2005 & Resolution 48,2005
balconies incorporate an iron railing. e
The proposed Southampton PUD incorporates three distinct color schemes for the townhouses.
The frrst color scheme incorporates a soft yellow (Enjoyable Yellow) for the lower body; a light
brown (Folksy Gold) for the upper body and garage doors; a dull white (Vanillin) for the trim,
and a dark off-green (Sheraton Sage) for the doors. The second color scheme incorporates a
greenish beige (Wheat Grass) for the lower body; a beige (Birdseye Maple) for the upper body
and garage doors; a dark gold (Honeycomb) for the doors; and a dull white (Vanillin) for the
trim. The third color scheme provides a yellowish white (Inviting Ivory) for the lower body; a
gold-beige (Harvester) color for the upper body and garage doors; a dull white (Vanillin) for the
trimy and a reddish clay (Red Cent) for the doors.
The guardhouse and clubhouse buildings incorporate the same architectural features as the
residential buildings. Both buildings utilize the same roof tile, windows, and architectural
accents as the townhouse buildings. The guardhouse and clubhouse will utilize color scheme
number 1 which is included above.
The subject site is buffered to the north by a 100-foot wide landscape buffer, a 100-foot wide
recreated preserve, and a 100-foot wide upland preserve. A 100-foot wide upland preserve
buffers the site to the east. As required by City Code Section 78-221, a %-foot wide landscape
buffer has been provided along PGA Boulevard, adjacent to the existing meandering sidewalk.
According to City Code Section 78-231, a 90-foot wide landscape buffer is required and has
been provided along Central Boulevard. Each landscape buffer is heavily landscaped with
various groundcovers and trees. The trees that will be utilized are Live Oaks, Laurel Oaks, Slash
Pines, Magnolias, Green Buttonwoods, Palatka Holly trees, Washington Palms, Cabbage Palms,
Pygmy Date Palms, and Alexander Palms. Shrubs and groundcovers include Cocoplums, Indian
Hawthorn, Hibiscus, Foxtail Ferns, Pink Ixora, and Silver Buttonwoods.
Each townhouse building has foundation landscaping on all four sides, which includes specimen
trees such as Live Oaks and Washington Palms. Other plantings include Magnolias, Red Tip
Cocoplums, and Crotons. Live Oaks have also been provided adjacent to all major roads and
pedestrian paths, within green parks, and at the project’s entrance. Live Oaks, once fblly mature,
will provide a shade canopy throughout the Southampton PUD. City Code Section 78-314
requires 77,656 landscape points; whereas the applicant has provided 87,321 landscape points.
Preserve
City Code Section 78-250, requires developments to preserve 25% of the environmentally
significant lands located on-site. The subject site contains 18.54 acres of environmentally
significant uplands on-site, thus requiring at least 4.64 acres to be preserved. The applicant is
proposing 4.65 acres of upland preserves on-site. These upland preserves, such as pine flat
woods, are provided adjacent to the north, south, and east property lines. City Code Section 78-
250 also requires a minimum preserve width of 100 feet. All the required preserves maintain the
100-foot width requirement. The City’s environmental consultant has verified the applicant’s
5
Date Prepared: March 18,2005
Meeting Date: April 2 1,2005
Ordinance 14,2005 & Resolution 48,2005
environmental assessment and on-site preserve requirements.
Parking
0
Required parking is calculated at one space per bedroom plus 5% for guest parking. Therefore,
the required parking for the PUD is 772 spaces (735 bedrooms f 37 spaces for guest parking).
The applicant is proposing 826 total parking spaces (two garage spaces and one driveway space
per unit; and 91 guest parking spaces). City Code Section 78-345 requires a parking space width
of 10 feet; whereas the applicant is requesting a parking space width of nine feet for all guest
parking. According to City Code Section 78-344, the applicant must reflect 1.5 additional square
feet of open space per each square-foot of reduced parking area (Please see waiver section). The
applicant is also requesting a waiver fiom City Code Section 78-341, Intent, which does not
provide for on-street parking.
The applicant is requesting to provide 54 on-street parallel parking spaces for guests (Please see
waiver section). These 54 guest parking spaces are located adjacent to the central lake and along
Southampton Drive. These on-street parking spaces have been reviewed by the City Engineer
and has raised 110 concerns. The remaining 37 guest parking spaces are equally distributed
throughout the site, adjacent to the townhouse buildings.
The location of the entrance signs have been noted on the site and the landscape plans. City Code
Section 78-285, allows one project identification sign per wall or entry at the main entrance. The
applicant is requesting a waiver to allow for two entrance signs. The applicant is also requesting
a waiver to allow a project identification column at the corner of Central Boulevard and PGA
Boulevard (Please see waiver section).
0
Drainage
The proposed Southampton PUD is located within Basin 2D of the Northern Palm Beach County
Improvement District (NPBCID) unit of development number two. The project will have a
positive drainage system, which flows into on-site retention lakes that have a legal positive
outfall to the NPBCID 2D canal.
Site Lighting
The applicant has provided staff with a photometric plan consistent with City Code Section 78-
182. The applicant is proposing 12-foot high pedestrian-scale light poles within the PGA and
Central Boulevard buffers adjacent to the meandering sidewalks.
Section 78-221: PGA Boulevard Corridor Overlav
The proposed Southampton PUD is located within the PGA Boulevard Corridor Overlay and
therefore, shall be developed as a PUD. The project is also required by the overlay to provide a
55-foot wide landscape buffer, which is reflected on the site plan. The overlay requires native 0
6
Date Prepared: March 18,2005
Meeting Date: April 21,2005
Ordinance 14,2005 & Resolution 48,2005
vegetation to be preserved as much as possible. The applicant is proposing upland preserves
along the eastern and northern perimeters of thel site. On-site tree preservation in other areas of
the site will also be a priority. The proposed site currently has a 12-foot wide meandering
sidewalk, which is required by the overlay.
0
The PGA Boulevard Corridor Overlay, states that “new development shall preserve and enhance
the existing visual character of the corridor.” The fiont elevations of the townhouse buildings
front upon this corridor, which serve to engage PGA Boulevard. The front elevations of these
buildings, with adjoining sidewalks, will Mer enhance the visual character of this corridor.
Furthemre, the architectural style of these buildings is similar to the style of the PGA
Commons Parcel 1 PUD, which is located across PGA Boulevard ftom the subject site.
CPTED Comdiance
The petitioner shall comply with the Crime Prevention Through Environmental Design (CPTED)
principles recommended by the Police Department (Please see ResoZufion 48, 2005).
7
Date Prepared: March 18,2005
Meeting Date: April 2 1,2005
Ordinance 14,2005 & Resolution 48,2005
78-285
78-344
78-141
Waivers
1 Entry Sign Per Wall 1’9’ by 5’ Project 1 Project
Column at PGA Column
Blvd & Central
Blvd
or Per Entry Identification Identification
All Parking Spaces 91 Spaces at 9’ 18.5’
ShallbeaMinimum . Wide Square-Foot
of 10’ Wide Reduct ion
Per Space
Building Height Shall 37 Townhouse 1 Story
The following six waivers are being requested for the Southampton PUD:
Be the Lesser of 2
Stories or 36’
I
78-341
Buildings (202
units) are
3 Stories High (the
remaining 8
buildings consisting
of 43 units are 2
Stories High)
I
On-Street Parlung is
Not Provided For
78-285
54 On-Street
Parallel Parking
Spaces
1 Entry Sign Wall 2 Entry Sign Walls
54 On-Street
Parallel
Parking
Spaces
1 ’ for each
lane & 1 ’ for
each curb
2 Entry
Signs
(1)
Approval
(2)
Approval
(3)
DENIAL
(4)
Approval
(5)
Approval
1) The applicant is requesting a waiver from City Code Section 78-341, Intent, to allow for on-
street parking and reduced off-street stacking distance. The City Code does not provide for
on-street parking. A waiver fiom City Code Section 78-341 is required to permit on-street
parking within the site. On-street parallel parking adjacent to the central lake and along
Southampton Drive is a critical element of the project’s Traditional Neighborhood Design.
8
Date Prepared. March IS, 2005
Meeting Date: April 2 1,2005
Ordinance 14,2005 & Resolution 48,2005
This waiver is consistent with previous City Council approvals such as the Legacy Place
Planned Community Development (PCD), Evergrene PCD, Gables PCD, and the Magnolia
Bay PUD. Staff recornmen& approval.
2) The applicant is requesting a waiver ftom City Code Section 78-498, Road Surfacing
Improvements, to allow for rear alleys adjacent to the townhouse buildings to utilize nine-
foot Wide lanes with one-foot wide curbs. The City’s Fire Department did not raise any
safety concerns with this request and this waiver further enhances the unique design of the
PUD. Staff recommends approval.
3) The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to
allow a “Southampton” sign cohutln at the corner of PGA Boulevard and Central
Boulevard. The applicant states that this waiver will assist motorists on PGA Boulevard in
locating the development. However, the Southampton PUD is easily locatable to motorists
because of its location, which is adjacent to a major intersection (PGA Boulevard & Central
Boulevard). Furthermore, it’s staffs professional opinion that a sign advertising a private
development at this intersection will negatively affect the aesthetics of PGA Boulevard.
The Old Palm Golf Club PCD, which is adjacent to this project, does not have this type
signage. Also, per staffs recommendation, the Paloma PCD withdrew their request for
corner signage. Staff recommends denial.
4) The applicant is requesting a waiver from City Code Section 78-344, Constructiofi and
Maintenance, to allow for 91, nine-foot wide parking spaces. Section 78-344 (2) requires
the applicant to provide 1.5 additional square feet of open space per each square foot of
parking area that is being reduced through the use of smaller spaces. The additiona1 open
space requirement for this site is 2,525 square feet (54 + 37 = 91 x 18.5 = 1,683 x 1.5 =
2,525). The Southampton PUD provides for approximately 379,829 additional square feet
of open space. Staflrecornrnends approval.
0
5) The applicant is requesting a waiver from City Code Section 78-141, Residential Zoning
Districts, to allow 37 townhouse buildings to be three stones high. This project is bounded
by one- and two-story homes to the north (Bent Tree PUD) and one-story homes to the east
(Gardens of Woodberry). The applicant has revised the plans to reflect two-story
townhouses located along the eastern and northern perimeters of the subject site. Therefore,
only townhouse buildings interior to the site, adjacent to PGA Boulevard, and Central
Boulevard are three stories high. The actual heights of the three-story townhouse buildings
(35’) maintain the 36-foot building height requirement. It is staffs professional opinion that
this waiver will not negatively impact the surrounding area. Staflrecommendr approval.
6) The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to
allow two “Southampton” signs on each of the two entry walls at the project’s entrance.
The applicant states that this waiver will assist in fiaming the entrance to the development.
This waiver is consistent with other City Council approvals such as the Mirasol PCD and
the Evergrene PCD. Staff recommends approval.
9
Date Prepared: March 18,2005
Meeting Date: April 2 I, 2005
Ordinance 14,2005 & Resolution 48,2005
COMMENTS FROM THE PUBLIC 0
Staff has received several comments and requests &om neighboring residents concerning the
proposed Southampton PUD (letters cfiom neighboring residents have been attached for your
review). In summary, their concerns are as follows (staffs responses are in italics):
1 .) The Bent Tree Homeowners Association (HOA) states that the proposed townhouse building
height of three stories is not compatible with the surrounding area. The applicant has limited the
townhouse buildings along the perimeters of the Bent Tree PUD and the Gardens of Woodberry
to two stories. It is staffs professional opinion that the proposed building heights are compatible
with the surrouding area and will not negatively impact the abutting residential communities.
2.) The Bent Tree HOA states that all infill trees in the northern landscape buffer and preserves
should be increased to a minimum height of 30 feet. It is stars professional opinion that
requiring the applicant to plant 3O-foot-tall pees within the northern landscape bufler and
preserve is not feasible due to (1) the availability of 3O-foot-tall trees; (2) the fact that the
existing preserves already have a signijlcant amount of trees of this size and the planting of
additional trees of the same height could cause harm to the existing vegetation; and (3) planting
trees that are between 14-18 feet in height provides for better screening of the site from adjacent
communities. At staffs request, the applicant has revised the plans to reflect an increase in
height for SPA of all trees in buflers and recreated preserves to an equal share of 14, 16, and
18-foot high trees.
3.) The Southampton PUD does not propose a wall or fence around the perimeter of the project.
The Bent Tree HOA states that this will result in a lack of privacy for their homes and increased
noise within their community. Since the townhouse buildings of Southampton are over 180 feet
awaycfiom Bent Tree, staff does not believe a wall is necessary. Furthermore, a dense landscape
bufler and preserve area is proposed, which will adequately screen the adjoining Bent Tree
PUD. Further, staff has included a condition of approval requiring all landscape busfers and
preserves to be installed within six months @om issuance of the first excavation andfill permit.
4,) The Bent Tree HOA is requesting that the developer install landscaping at the northern
entrance of the utility easement adjacent to their community in order to screen the view of
Southampton fkom Bent Tree. This easement has been angled in such a way that a direct view
@om Bent Tree to South Hampton would be impossible. Staff does not believe additional
lanhcaping in this area is warranted.
5.) The Bent Tree HOA requests that the three lakes proposed in Southampton do not drain
water fiom Bent Tree’s retention ponds or cause flooding in Bent Tree. The Southampton PUD
shall conform to South Florida Water Management District (SFWMD), Northern Palm Beach
County Improvement District (NPBCID), and City drainage criteria. The Southampton drainage
system shall provide the required water quantity storage prior to discharge to the NPBCID 20
Canal to the north. The Southampton drainage system is not directly connected to the Bent Tree
PUD hainage system and will not draw water from the Bent Tree lakes. The maintenance of
each community’s drainage system is the responsibility of the applicable HOA. The proper
maintenance of each drainage system insures the drainage function andflood protection for both
10
Date Prepared: March 18,2005
Meeting Date: April 21,2005
Ordinance 14,2005 & Resolution 48,2005
communities. It is also important to note that the Southampton PUD is not in a jlood zone.
Furthermore, City stafl has included Q condition of approval requiring the applicant to remedy
any drainage problems that may occur during construction.
6.) The Southampton PUD needs a median cut adjacent to the project's Central Boulevard
entrance or the main entrance should be relocated to PGA Boulevard. Without one or the other,
motorists will depend entirely on the Bent Tree PUD median cut to access PGA Boulevard.
Furthermore, the Bent Tree HOA requests that this median be installed prior to construction of
the Southampton PUD. This median cut has been reflected on the site plan and sta8 has
included a condition of approval requiring it to be installedprior to issuance of the first building
permit.
7.) The Bent Tree HOA requests the applicant to install a "NO U-TURN" sign at the Bent Tree
median cut on Central Boulevard prior to construction. Currently, U-turns are permitted at this
location Since a median cut is proposed at Southampton, staff does believe it is necessary to
prohibit U-turns at the Bent Tree median cut. Furthermore, Central Boulevard is a Palm Beach
County road; therefore, the county is responsible for installing the necessary traflc signage.
SUMMARY OF PLANNING, UIMNG, AND APPEALS BOARD (PUB) COMMENTS
The Planning, Zoning, and Appeals Board reviewed the subject petition at a workshop on
October 26,2004, at a public hearing on January 25, 2005, and issued the following comments
(stafs responses are in- italics):
1.) The PZAB raised serious compatibility concerns with the height of the three-story e
townhouses located along the perimeters of the Gardens of Woodbeny and the Bent Tree PUD.
The PZAB recommended that the height of these townhouses be limited to two stories. The
applicant has revised the plans to rejlect two-story townhouses along the perimeters of the
Gardens of Woodberry and the Bent Tree PUD.
2.) The PZAB commented that the applicant should consider providing two- and three-story
townhouses throughout the PUD and limiting all townhouses adjacent to PGA Boulevard to two
stories. The applicant has not revised the plans to reflect two-story townhouses in any location
other than adjacent to the Bent Tree PUD and the Gardens of Woodberry.
3.) The PZAB raised a concern with the appearance of the townhouse's rear elevations adjacent
to PGA Boulevard. The PZAB commented that PGA Boulevard was the City's main street and
that architectural detail on the rear elevations needed to be present in order to reflect a positive
impact on this corridor. The applicant has revised the plans to reflect the fiont elevations of the
townhouses adjacent to PGA Boulevard in-lieu of the rear elevations. The front elevations
provide for the most architectural detail and therefore will positively impact PGA Boulevard.
4.) The PZAB requested that the applicant redesign the geometry of the PGA Boulevard egress
to force motorists to make right turns only. The applicant has revised all plans to reflect right
turns onlyfiom this egress. a
11
Date Prepared: March 18,2005
Meeting Date: April 21,2005
Ordinance 14,2005 t Resolution 48,2005
5.) The PZAB raised concerns with the waiver request to allow for 448 driveway parking spaces
with a width of eight feet. The PZAB commented that the eight-foot wide parking spaces may
not be large enough to adequately park two vehicles for the one-car garage units. The applicant
has withdrawn this waiver request and has revised the plans to reflect a two-car garage, with
two driveway apron spaces for each unit.
6.) The PZAB raised concerns regarding the distribution of guest parking. The PZAB stated that
the guest parking is centralized around the perimeter of the lake and the townhouses located to
the fiu north and south are isolated fbm any guest parking. The applicant has revised the plans
to reflect additional guest parking spaces in close proximity to all townhouse buildings.
7.) The PZAB commented that accordion hurricane shutters should not be permitted because the
aesthetics of the elevations will be negatively impacted. The PZAB recommended that hurricane
impact resistant glass be used for all windows. Staf has included a condition of approval
requiring hurricane impact resistant glass for all windows.
8.) The PZAB commented that the roof pitch on the bay windows is flatter than the roof pitch
on the building’s roof. The PZAB recommended that the bay windows roof pitch follow that of
the townhouse buildings. The applicant has revised the architectural elevations to reflect
consistent roofpitches for the townhouse buildings and the bay windows.
9.) The PZAB commented that the architecture needed to be upgraded. Specifically, a break in
the roof line was needed for the front elevations and enhanced architectural detail should be
provided. The applicant has revised the architectural elevations to reflect two breaks in the front
elevation’s roof line; larger balconies with decorative spiral columns; a larger, pronounced roof
on the second floor balconies; and the removal of all firont loaded garages for the three-story
townhouses.
10.) The PZAB requested the applicant to consider the installation of a privacy wall adjacent to
the Bent Tree PUD. The applicant has not revised the plans in this regard.
11.) The PZAB requested that the applicant provide a rendering of the site that depicts the
project’s appearance ftom PGA Boulevard. The applicant has submitted a rendering of the site
@om PGA Boulevard.
12.) The PZAB requested that the applicant revise the architectural elevations to reflect a break
in the roof line for the townhouse buildings adjacent to PGA Boulevard. The appZicant has
revised the townhouse elevations adjacent to PGA Boulevard and Central Boulevard to reflect a
gable roof in the center of the buildings. This gable roof provides a break in the roof line and
positively impacts the aesthetics of these corridors.
J%AB RECOMMENDATION
On January 25,2005, the PZAB voted 5-2 to recommend approval of the subject petition to the
City Council. The dissenting votes were Mr. Dennis Solomon and Mr. Randolph Hansen. Mr.
Solomon stated he dissented because of the architectural style of the townhouses and waiver
12
Date Prepared: March 18,2005
Meeting Date: April 21,2005
Ordinance 14,2005 & Resolution 48,2005
requests; and Mr. Hansen stated he dissented because of the lack of architectural detail on the
townhouses adjacent PGA Boulevard. Since this meeting, the applicant has increased the detail of
the townhouses adjacent to PGA Boulevard and Central Boulevard by providing an additional break
in the roof lie.
0
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 14,2005 and Resolution 48,2005 with the five waivers
and conditions provided therein, and denial of one waiver.
13
Date Prepared: March 18,2005
Meeting Date: April 2 1,2005
Ordinance 14,2005 & Resolution 48,2005
Subiect ProPertv Planned Development Residential Medium (RM)
Area
(PW
I 1 I
- North
Bent Tree PUD
Planned Unit Development
(PUD) Residential Medium (RM)
Residential Low Density-2
(RL-2)
I I I
- South PGA Boulevard
I I
West 1 Central Boulevard
I I I I
Residential Medium (RM) Residential Medium (RM)
7 East
Gardens of Woodberry
14
Date Prepared: Match 18,2005
Meeting Date: April 21,2005
Ordinance 14,2005 & Resolution 48,2005
Site =
Minimum PUD 38.5 Acres
Development Sire for
Properties South of
Donald Ross Road 81
Between Central
Boulevard & Alternate
AIA: None
Maximum Density:
9 Dwelling Units Per Acre
6.36 Dwelling Units Per Acre
Minimum Open Space: 62.7% 40%
Maxi mum Bu i Idi ng
The Lesser of Two Stories
or 36 feet
Landscape Buffers:
35 feet,
Height: Three Stones
North: 8 feet North: 137 feet
South: 55 feet South: 55 feet
East: 8 feet East: 100 feet West: 90 feet West: 90feet
Parking Required: 826 spaces 772 Spaces
Yes
Yes
Yes
No, Waiver
Requested for Three-
Story Townhouses
Yes
15
ISSUE: Christ Fellowship/Horseshoe Acres (noise barrier). (Page 8, Line 23)
RESPONSE:
One of the issues raised by Diane Mahar, a resident of the Horseshoe Acres residential
community, was in respect to the traffic and safety issues associated with Christ
Fellowship. A request was made that a wall be constructed on the north side of the
community that borders the Christ Fellowship South campus.
Currently, there is a six-foot high wooden fence that is on the property line between
Horseshoe Acres and Christ Fellowship South Campus. The fence had been previously
damaged, but City staff has recently been informed by Christ Fellowship that the fence
has been repaired (see attached letter to Mr. and Mrs. Mahar from Tom Mullins, Christ
Fellowship and email from Doug Rhudy, Christ Fellowship).
The construction of a wall could most certainly be discussed in the future; however,
currently the south campus has an existing conditional use approval, and there is no
City Code or regulations that would require Christ Fellowship to install a wall at this
time.
The proposed future expansion that Mrs. Mahar refers to in the minutes relate to the
North Campus, which is a separate Planned Unit Development, and is consequently not
bound by Code to the South Campus requirements.
There has been discussion that Christ Fellowship would want to remodel the South
Campus. If this did occur, the City could ask for a wall to be installed at that time.
After an reviewing the North Campus Expansion traffic impact analysis, Palm Beach
County has issued a traffic concurrency certificate for the proposed expansion to the
North Campus. As part of the pending application, a revised traffic circulation plan. The
first phase of construction on the North Campus will be the construction of the parking
areas and a new and greatly-improved easternmost ingresdegress for the church with a
turn lane on Northlake Boulevard. (see attached Traffic Circulation plan).
TOWN HALL MEETING
MARCH 31,2005
I It
I
I I
j
j 1
j
j
i’
I 1
.I
I I
I I
j
i
t
I
I I
1
I
---r----
i i I- ----
-------- Y//
-b NORTHLAKE BOULEVARD A I
South Campus fence Page 1 of I
Natalie Wong
From: Michael Sanchez
Sent:
To: 'Doug Rhudy'
Cc:
Subject: RE: South Campus fence
Thursday, April 14, 2005 1:06 PM
Natalie Wong; Charles Wu; Tala1 Benothman
Thanks Doug. Sounds good.
____- ____ - -
From: Doug Rhudy [mailto:DougRhudy@cftoday.org]
Sent: Thursday, April 14, 2005 12:44 PM
To: Michael Sanchez
Subject: RE: South Campus fence
The fence repairs tohave been completed.
We are going the extra mile and helping them to add the fence on their side and are also working with them to
have a tree removed from their property. (these are in the works)
We have a good relationship with those involved and met with them Monday. Eric Jablin attended this meeting.
Doug
-----Original Message-----
From: Michael Sanchez [mailto:msanchez@pbgfl.com]
Sent: Thursday, April 14, 2005 7:16 AM
To: Doug Rhudy
Cc: Natalie Wong
Subject: South Campus fence
Good morning Doug - could you advise as to the status of the fence between the south campus and
horseshoe acres?
thanks
DISCLAIMER:
Please note: Florida has a very broad public records law. Most written communications to or from local officials
regarding city business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
4/15/2005
January 5,2005
Mr. and Mrs. William Mahar
5285 Travelers Way
Palm Beach Gardens, FL 33418
Dear Bill and Diane,
I trust that you had a great holiday season, and I pray God’s blessings upon you for a
wonderful New Year.
I can assure you that we will be working to repair the fence as soon as possible. It has
always been our desire to be a good neighbor.
The refrigeration truck you referred to in your letter was a one-time incident where we
stored turkeys and produce for our Thanksgiving baskets that we give out to the needy
in our area of Palm Beach Gardens.
We anticipate that once we get our other 20 acres on the north side of the road
completed, we will not need to hold a great deal of the activities currently taking place on
our south campus. Adding to the busyness there; we are in the process of rebuilding
south campus after extensive hurricane damage.
While we recognize that this has been an inconvenience to you, we appreciate all that
you have done for us in the past. May God bless you and your family in these coming
days.
In His service,
Tom Mullins
TMka
cc: Horseshoe Acres Club Inc.
Kelvin Wise, Code Enforcement Supervisor, City of Palm Beach Gardens
ISSUE: Hyacinth Circle South Canal - Steep Slopes (Page 9, Line 41)
RESPONSE: The Construction Services Division is aware of the problem on the
Bellewood Canal and. working to resolve the issue. Staffs analysis indicates that the
high ground water table is causing the canal banks to fail. We have reshaped the canal
banks twice and have lost them both times to this issue.
We have considered piping the canal, but due to the cost, it was not feasible. The
solution currently under investigation is to install a control weir and flap gate at the south
side of Gardenia in the Bellewood Canal to hold back the water when the Earman River
Canal and C-I 7 Canal are discharging water.
If there is a separation in the water table where the Bellewood Canal can be maintained
at a higher elevation, it would stop the ground water from eroding the canal banks. The
flap gate would allow water to flow back into the Bellewood Canal for irrigation recharge.
We are working out the details of the weir (size and length) and still need to get
SFWMD approval. Once the weir is installed, we can correct the existing erosion in the
canal.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Charter review and districting (Page 10, Lines 6 - 14)
RESPONSE: During the City Council meeting on March 17, 2005, Council discussed
forming a Charter Review Committee, and researching direct election of mayor and
districting as part of the review. As indicated during the Town Hall meeting on March
31, 2005, Council will have an opportunity to incorporate the subjects pertaining to
Charter Review into the goals and priorities discussed during Council’s first visioning
retreat on April 28-29. 2005.
Attached is a memorandum from the City Attorney with information regarding Charter
Amendments, Charter Review Committee, elected Mayor, and draft recommendations
on steps that may be followed by Council to initiate the process of Charter Review. This
information will require further discussion, consideration, and direction by City Council.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS
CITY ATTORNEY’S OFFICE
TO: City Council
THROUGH: Ron Ferris, City Manager
FROM: Christine Tatum, City Attorney
DATE: April 15,2005
RE: Charter Issues
During the Town Hall Meeting on March 31, 2005 Council indicated an interest in
initiating a review of the City Charter in general, and the issue of elected Mayor and
districting in particular. This memorandum will serve to address the following issues:
e:* Charter Amendments
*:* Charter Review Committee
1. Charter Amendments
Section 22-1 of the Charter of the City of Palm Beach Gardens provides:
Sec. 22-1. Charter review.
As often as the council may deem necessary, but in any event, not less
frequently than every five years, the terms and provisions of this Charter
shall be reviewed.
Section 166.031, Florida Statutes, specifically addresses the process for
amendment of municipal charters:
City Council
Page 2 of 4
April 15, 2005
166.31 Charter amendments.-
(1) The governing body of a municipality may, by ordinance, or the
electors of a municipality may, by petition signed by 10 percent of the
registered electors as of the last preceding municipal general election,
submit to the electors of said municipality a proposed amendment to its
charter, which amendment may be to any part or to all of said charter except
that part describing the boundaries of such municipality. The governing
body of the municipality shall place the proposed amendment contained in
the ordinance or petition to a vote of the electors at the next general election
held within the municipality or at a special election called for such purpose.
(3) A municipality may amend its charter pursuant to this section
notwithstanding any charter provisions to the contrary. This section shall be
supplemental to the provisions of all other laws relating to the amendment of
municipal charters and is not intended to diminish any substantive or
procedural power vested in any municipality by present law. A municipality
may, by ordinance and without referendum, redefine its boundaries to
include only those lands previously annexed and shall file said redefinition
with the Department of State pursuant to the provisions of subsection (2).
Florida law is extremely clear that the provisions of Section 166.031 are the
exclusive method for amending municipal charters. A municipality may amend its
charter as described in 166.031, even if the charter itself provides otherwise. The
Attorney General has consistently concluded that any municipal charter provision
adopted subsequent to the effective date of the Municipal Home Rule Powers Act
can only be amended in accordance with Section 166.031, Florida Statutes. The
legislative directive in Section 166.031, Florida Statutes, as to how a municipal
charter is to be amended is, in effect, a prohibition against its being done in any
other way.
2. Charter Review Committee
Neither state law nor the City Charter requires that the City Council utilize a
Charter Review Committee to process proposed Charter amendments. However,
historically in the City of Palm Beach Gardens, a Charter Review Committee has
been utilized for the review required by Section 22-1 of the Charter. In 2000, the
Council appointed a seven-member Charter review Committee which resulted in
the placement of six Charter amendments before the voters in March of 2003.
City Council
Page 3 of 4
April 15, 2005
I
Similarly in 1993, the Council created a seven-member Charter Review Committee
which resulted in the placement of five Charter amendments before the voters in
September of 1996.
If the Council wished to create such a committee, Section 2-83 of the Code of
0 rd in an ces provides :
Sec. 2-83. Creation of Boards and Committees.
(a) Boards. The city council may, by ordinance, create a board in
connection with any functions of the city. The ordinance creating such
board shall specify the purpose, powers, and duties of the board, and shall
specify the number, qualifications, and terms of office of the members
thereof.
(b) Committees. The city council may, by resolution, create a committee
whose purpose is to advise the city council on an item of a special nature
and whose creation is for a stated period of time, at the end of which time
the committee will no longer exist. The resolution creating such committee
shall specify the purpose, powers, and duties of the committee, and shall
specify the number, qualifications, and terms of office of the members
thereof.
Based upon this language, the creation of a Charter Review Committee
would require the adoption of a resolution by the City Council. Opportunities
for appointment would be provided consistent with Section 2-85, Code of
Ordinances, which provides:
Sec. 2-85. Announcement of vacancies.
All vacancies in the membership of any appointive city board or committee
shall be announced by posting a notice of the same at a public place in city
hall, by publishing a copy thereof in a newspaper of general circulation in
the city, by posting an announcement on the city website, or by such other
method deemed appropriate by the city, not less than five (5) days prior to
the date at which the city council may interview candidates to fill any such
vacancies. The city clerk shall also furnish a notice of such expiration to
any member whose term is expiring and advise if the member is eligible for
reap poi ntment .
City Council
April 15,2005
Page 4 of 4
Conclusion
If the Council wishes to pursue amending the Charter, I would recommend the following
steps to initiate the process:
I. Council should identify the preferred date for the referendum vote. There is no
regular City election in 2006, but there is a state-wide General Election
scheduled for November 7, 2006. The next regular City election is scheduled
for March 13, 2007. The Council could also determine that a Special Election
would be called.
The Charter review process is generally a rather lengthy process - the March,
2003 amendment process began in April, 2000.
2. Council should determine the scope of the Charter Review, i.e., particular
subjects or a general review of all subjects.
3. Council should identify a timetable which includes the following benchmarks:
9 Creation a Charter Review Committee.
9 Deadline for Charter Review Committee report.
> Public meeting to discuss the Charter Review Committee report and solicit
public input.
9 Preparation of ordinance(s) for each proposed Charter Amendment. The
ordinance would contain the particular language to be changed in the
Charter and would also contain the ballot question which would be
submitted to the electors. The ordinance also would specify the date that
the issue would be submitted to the voters.
9 Public Hearing to adopt Ordinance(s). Ordinance adoption requires two
readings of the ordinance, with a public hearing to be held at the second
read in g .
Please feel free to call me with any questions you may have.
\\Pbgsfile\Attorney\attorney_share\MEMOS\charter amendments pbg.doc
ELECTED MAYOR CHARTER AMENDMENT
A. Issues which will need to be resolved
1. Date the ballot question would be submitted to the voters.
2. Effective date of the Charter Amendment (if the effective date is earlier than the
regular election of 2007 it will affect the term of an incumbent)
3. Length of term for Mayor
4. What year would the Mayor stand for election in the future? (The even-seat year,
the odd-seat year, or separately?)
5. What Seat will be eliminated? Or will the position of Mayor be in addition to the
five council seats?
6. If a Council Member whose seat does not expire at the time of the mayoral
election wishes to run for Mayor, should the Charter provide that an election be
held for the unexpired term of that Council Member? Or should the Council make
an appointment to fill the unexpired term? 0
7. What specific powers, if any, should be conferred upon the elected
Mayor? Currently the Charter provides:
Section 9-1. Powers and duties of the mayor.
The mayor shall preside as chairman at meetings of the city council, shall
be recognized as head of city government for all ceremonial purposes, by
the governor for purposes of military law, for service of process, execution
of contracts, deeds and other documents, and as the city official
designated to represent the city in all other governmental meetings, but
shall have no administrative duties except as required to carry out the
responsibilities herein. The mayor shall have a voice and vote in the
proceedings of the city council.
The vice-mayor shall assume the duties of the mayor during the absence
or disability of the mayor.
In the absence or disability of both the mayor and vice-mayor, the city
council may appoint a chairman pro tem to fulfill the duties and functions
of said office.
ISSUE: Speed of Northlake Boulevard (Page 12, Lines 12-31)
RESP0NSE:The Palm Beach Gardens Police Department conducted a speed study on
Northlake Boulevard from west of Military Trail to Florida’s Turnpike to document
average speeds.
The primary intent in the establishment of a speed zone is to provide improved vehicular
and pedestrian safety by reducing the probability and severity of crashes. As you know,
a speed limit sign notifies the driver of the maximum or minimum speed that is
considered safe for the roadway in optimum weather and visibility.
The Florida Department of Transportation’s Manual for SDeed Zoninq for Hiqhways,
measurement and speed limit setting under Florida State Statutes, Chapter 31 6.189.
FSS Chapter 316.189 requires that all speed limits be based on an engineering and
traffic investigation. Additionally, the Manual requires that speeds be established based
on the 85‘h percentile of free flowing vehicles on the roadway. In the City of Palm Beach
Gardens, the Police Department establishes speed limits on City maintained roads.
Palm Beach County maintains Northlake Boulevard and they are responsible for speed
limit setting.
Roads and Streets in Florida (1997 edition) established the method of
The posted speed limit on Northlake Boulevard from west of Military Trail to Florida’s
Turnpike is 50 mph. Our study indicated that the 8!jth percentile is currently 56 mph.
Given this information, the Police Department will forward the results of their speed
study to the Palm Beach County Traffic Engineering Division for review and request that
the speed be lowered to 45 mph. The rationale for the lower posted speed limit request
is based on the provision of improving vehicular and pedestrian safety by having a
posted lower speed.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Mosquito spraying in gated communities (Page 12, Lines 31-40)
RESPONSE: The City has an established mosquito spraying program that serves all
public roads and rights-of-way within the corporate limits, including those maintained by
FDOT, Palm Beach County, and Northern Palm Beach Improvement District, where
access is not prohibited by gates. This program has been offered to private
developments, such as Horseshoe Acres, on a pay-for-spray basis. Attached is a letter
to Mr. Jim Gallagher, a resident of Horseshoe Acres, pertaining to this issue. The
Public Works Division has received a cost estimate for expanding the mosquito spraying
program to the entire City and has included it in its budget request for FY 2005/2006.
The preliminary proposed budget will be presented to the Council in July, with the
required public hearings for adoption of the final budget to be held in September. If this
request is approved, the expanded program will go into effect beginning October 1 ,
2005.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS
1O$OO N. -MY lRAIL PALM BEAa OARDEN$ FUXUDA 334104698 0
Dacembrr 7,2004
w.JimQalbgber
8599 Darrrascus Wvt
P& Baaoh Omb, FL 33418
CITY OF PALM BEACH GAlSDENS
MEMORANDUM
TO: Ron Ferris, City Manager
DATE
THRU:
FROM:
November 29,2004
Jack Doughney, Community Services Administra
Michael Momw, Operations Director, Public Works 9 I flosauito Snravina - Horseshoe Acres I SUBJECT: l. J
This memorandum is in response to a request to review our mosquito spraying operation and to explain why the Horseshoe Acres development is required to
pay for thb servlce.
As you know, the Ci has an established mosquito spraying program serving all
public roadways and rights-of-way. City staff sprays all public roads in our
jurisdictlon Including those maintained by FDOT, Palm Beach County, and
Northern Palm Beach Improvement District where access is not prohibited by
gates within our corporate limits (Le., Ryder Cup Boulevard, Jog Road, etc.). In
our current fiscal year budget, we have estimated approximately $12,500 for
pesticide and $3,000 in overtime. Spraying typically occurs at night or early
mornings when prevalling winds are the lowest.
This program is offered to private developments, such as Horseshoe Acres, on a
pay-for-spray basis. Currently, only 4 (Nature's Hideaway, Frenchman's Creek,
Oaks East, Gardens of Woodberry) communities are utilizing this program. The
payment for this service covers the Clty's material and labor costs for the
communities. Our current practice for this program has been only to offer this
program to publidy-owned facilities (Le., City rights-of-way, publicly owned
mads) at no cost. Payment for this service in pr[vate/gated communities has
been required, since we are prohibited from spending public dollars on private
facilities.
Currently, 160 gated or private communities exist in the City. Estimates for costs
for providing this service to all of the communities is as follows:
Average cost to spray per application (labor/materials) equals:
Average applications (estimated) per year equals:
$100.00
12
$192.000.0Q Multiplied by 160 communities equals: 0
I .' I
Memorandum to Mr. Fenis 0 F;cng;ber 29,2004
In light of the above mentioned estimates, we do not have funding in the current fiscal year budget for this amount of service. If it is decided that this program
should be offered to all communities, we will need to meet with the Finance
Department to determine a funding source.
Please find attached a memorandum to the Mayor and Council Members dated
April 1,2004 regarding gated communities and municipal services.
If you have any questions, please feel free to contact me.
c: Ron Ferris, City Manager
Peter Engberg, Streets Superintendent
File
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council Members DATE: April 1,2004
FROM:
THRU:
SUBJECT:
Sheryi L. Stewart, Assistant to the City Manager
Ronald M. Fems, City Manager
Council Directive on Gated Communities
G&
At the Council Meeting on March 4, 2004 staff was directed to research and report on
providing municipal services in gated communities. Accordingly, staff contacted the
City of West Palm Beach’s City Administrator and Assistant City Attorney to obtain
information and understand how the City of West Palm Beach has handled this issue.
Backeround
Several years ago, the City of West Palm Beach was confionted by residents of gated
communities who wanted the City to endorse a policy that would provide basic municipal
services to private communities because they felt they were paying double taxes. They
claimed that not only do they pay the City property taxes, but they also have to pay their
association fees while not receiving the same services from the City for roads, sidewalks,
streetlights, water, sewer, stomwater, and fire hydrants. Their association fees pay for
maintenance or bond debt for construction of such infiastructure. The City initially
rejected the policy, finding it would be illegal to spend public money in private and gated
communi ties.
Anticipating that the same issue would confront Palm Beach County because of the
quantity of gated developments, at the recommendation of Commission Chair Karen
Marcus the County obtained an opinion from the State Attorney General on whether
government can provide public services in private communities (see attached). The
oDinion states that the Florida Constitution generally prohibits spending Dublic dollars on
privately-owned infrastructure (i.e.. roads, sidewalks, street lights, landscaping,
stormwater. water and sewer systems). The onlv way money can be spent on private
roads or infrastructure is if there is a clear public pumose and the government is
reimbursed for all actual costs by the owners of the private roads or infrastructure. To
take over providing municipal services, private developments would also have to agree to
remove their gates, bring their infrastructure up to code, dedicate their rights-of-way to
the municipality and allow the public access to their neighborhoods.
The Attorney General’s opinion also explained that the determination of whether the
expenditure of tax dollars serves a public purpose is one that the government’s legislative
body must make. To address the issue, after several years of political debate, the City of
West Palm Beach formed a task force comprised of staff members, attorneys and leaders
from gated and ungated private developments. Staffs approach involved educating the 0
Page 1 of 3
community participants regarding the legalities of their requests, and explaining that by
applying the “public purpose” test the City would be limited in what services could be
provided, and the City would need to be reimbursed for those services. All of the
communities’ requests were considered on a case by case basis.
0
Over a two-year period, staff conducted a legal, financial and operational analysis for
approximately 45 private communities, including 31 gated and 14 ungated. Staff went
out into the field and surveyed the infrastructure of every gated and ungated community
and their subdivisions by identifying all of the physical items, such as the number of road
feet, sidewalk feet, street lights and fire hydrants. Through the process, they also
determined how services such as stormwater, water and sewer, street and streetlight
maintenance, rehse collection, recycling were provided, whether or not they were
provided through Homeowner’dProperty Owner’s Association fees and the costs for such
items. Some communities, for example, have costs to repay bond debt for road and
drainage systems. Staff compiled all of this information onto a spreadsheet for each
community and determined as a whole how much the requests would cost.
In 2002, the City’s study showed that it would cost approximately $5.6 million per year
to provide all of the communities’ requested services. To pay for these additional
services with City property taxes would have raised the tax rate from $7.95 per $1,000 of
appraised value to $9.05. The owner of a $125,000 home with a $25,000 homestead
exemption &odd see a $1 10 increase in their property tax bill. Further, the $5.6 million
estimate did not include the cost to bring the communities’ infrastructure up to City
standards.
Besides the legal, financial and operational concerns, there were political concerns. The
issue of whether West Palm Beach taxpayers should take over some or all of private
communities’ services and costs for those services fueled the conflict between eastern
and western neighborhoods. Several members of the West Palm Beach City Commission
raised this issue during their political campaigns in recent elections. The City’s 45
pnvate communities make up a significant voting block, consisting of nearly one-fifth of
City’s residents. This accounted for approximately 13 percent of the March 2000 City
election and the November 2000 general election, and continued to dominate the March
2004 elections. As a result, politics ulaved a significant role in the City’s decision on
how to Droceed with the western communities’ requests.
The outcome has been that the City of West Palm Beach has agreed to maintain roads,
sidewalks, street lights and fire hydrants in ungated communities, finding public safety as
the rational nexus or public purpose. It has also agreed to pay for part of the cost for
maintaining the water systems in some private communities. In February 2004, the City
approved an agreement to own and maintain preserve areas in several gated communities
adjacent to the Grassy Waters Nature Preserve, a marshland that filters City drinking
water. Applying the “public purpose” test, the City determined that doing so would
protect water that may run into the City’s drinking water source, which impacts and
benefits all residents.
Page 2 of 3
. . 1 . . ~____
Discussion
Learning from the City of West Palm Beach’s experience, it is important to recognize the
need for the legislative body to establish a policy early in the process and to clearly
follow such policy. As a whole, based on the law Povemment should not spend public
tax dollars on maintaininR the infrastructure in private or gated communities.
Currently, the City of Palm Beach Gardens provides some municipal services to private
communi ties, such as police, fire, parks, recreation, and general government. Garbage
and recycling collection is provided by the City through contract with Waste
Management. However, the City currently does not provide the type of services which
are connected to their infrastructure (see attached list). For the City of Palm Beach
Gardens to consider providing those services to private communities, we would need to
determine the legal, financial and operational feasibility of those requests, conduct field
surveys, gather the information and determine the initial and ongoing costs. Based on
staffs preliminary research, the City of Palm Beach Gardens currently has 160 private
communities - 115 gated and 45 ungated. To conduct the necessary research and
analysis would be a costly process in terms of time and resources, require public input
and has the potential to cause conflict between the eastern and western portions of the
City.
As stated above, there are clear legal as well as political factors to understand. Further,
this is a level of service issue. Residents receive city services based upon the current ad
valorem tax rate. If the Council were to desire considering this matter, we would need to
either:
A. Lower the level of services in other areas of the City, in order to be able to
provide and meet the new demand for services inside those communities we did
not maintain or serve before; or
B. Raise property taxes in order to provide the increased level of services within the
gated communities.
SLS/mbb
Attachments
Page 3 of 3
Current Provision of City services in Private (GatedKJngated) Communities
Yes
No
No
No
No
Yes
Yes
Yes
Service
Payment for services to cover City cost only
(materials and labor) for approximately 4
gated communities
Seacoast
Seacoast
Waste Management contract with City
Waste Management contract with City
Waste Management contract with City
Street maintenance
Yes
Yes
Yes
Street 1 i ght maintenance
Sidewalk repair
Street signs
Fire hydrant maintenance
Stormwater:
0 Swales
Street sweeping
Canal maintenance
0 Canal bank mowing
0 Drainage (pipes)
Mosquito spraying
Open to all communities
Programs/facilities open to all communities
Imgation
Landscaping
Water
Wastewater
Refuse collection
Yard Waste collection
Recycling collection
Emergency Assistance
Traffic enforcement/ Police
Fire
Parks
Recreation
General government
Yes or No
No
No
No
No
No
No
No
No
No
Notes
Seacoast
Limited to road access during public
emergencies to provide emergency response
i.e., vehicles
B a eement
If the City owns the right-of-way, generally we provide the services (maintenance).
Page I of 5
0 Florida Attorney General
Advisory Legal Opinion
dumber: AGO 200248
late: Ju&A~+W!-
subject: County funds, services for private communities
4s. Denise M. Dytrych
?alm Beach County Attorney
?ost Office Box 1989
Jest Palm Beach, Florida 33402-1989
ZE: COUNTIES-ROADS-WATER AND SEWER SYSTEMS-PUBLIC FUNDS-COUNTY FUNDS-use
>f county funds to repair and maintain privately-owned roads and related
Lnfrastructure and privately-owned water and sewer systems. Art. VII, 8.
LO, Fla. Const.
)ear Me. Dytrych:
In behalf of the Palm Beach County Board of County Commissioners, you ask
following.. question:
the county commission expend public funds to provide private
:omunities with services such as the repair and maintenance of privately-
>wried roads and related infrastructure (e.g. sidewalks, street lighting,
atormwater systems and landscaping) and water and sewer systems?
Cn sum:
3enerally, county funds may not be used to maintain or repair privately-
>wried roads and related infrastructure or privately-owned water and sewer
ryetems in private communities. The -- county, - however; may furnish such
iervices if provision is made for payment of all actual costs by the owner
>r owners of the private ..-_._ road-or - water .or sewer syste--_to- the coun.y--ind
Lt'ie determined that such a program serves a county purpose.
irticle VII, section 10, Florida Constitution, prohibits the state and its
iubdivisione from using their taxing power or pledging public credit to
tid any private pereon or entity. The purpose of this constitutional
?rovieion is "to protect public funds and resources from being exploited
Ln assisting or promoting private ventures when the public would be at
nost only incidentally benefitted.'I[l] However, if the expenditure
?rimarily or substantially serves a public purpose, the fact that the
axpenditure may also incidentally benefit private individuals does not
-
- --_ . -_ - -. - -------__
late Article VII, section 10. [2]
.; in order to satisfy Article VII, section 10, Florida Constitution,
~ttp://myflor~dc?legaI.com/ago.nsf/printview/OAF934E98059FD5085256BF90066F9A5?0penDocument ,. 311 8/2004
I Page 2 of 5
expenditure of county funds must be for a public purpose. This office,
etermining whether public funds may be expended for improvements to * IC vate property such as private roads, has considered whether the
lovernmental entity has a property right or interest in such property or
rhether the public has an easement or right to use the property.
?or example, in Attorney General Opinion 79-14, this office concluded that
:he expenditure of public funds by a municipality to repair or maintain
mivate streets in which the municipality has no property rights or
mterest, and over which the public has no easement or right of use, would
ippear to contravene the public purpose requirements of Article VII,
rection lo, Florida Constitution.[31 Similarly, this office in Attorney
3eneral Opinion 85-101 concluded that public funds could not be used to
mintain a private bridge that was not open to or set apart for the public
ind upon which the public had no right to travel.
Cn Attorney General Opinion 92-42, this office stated that the fact
:ertain public vehicles, such as school buses, were permitted to travel on
I private road did not authorize a county to expend county funds to repair
md maintain the road when the general public was not allowed to travel on
it. However, in Attorney General Opinion 98-22, this office concluded that
:itrus County can use county funds to keep private roads passable during a
ieclared state of emergency under section 252.38, Florida Statutes, if the
ty comission determines that such an expenditure satisfies a county e ose.
Cn Northern Palm Beach County Water Control District v. State, [4] the
3upreme Court of Florida in a 4-3 decision concluded that Article VII,
rection 10, Florida Constitution, did not prohibit the water control
listrict from issuing bonds to finance on-site road improvements in a
listrict created for the purpose of draining and reclaiming the land. In
reaching its decision, the Court relied on the fact that the district’s
taxing power was not involved, there was no pledge of the district’s
zredit, the Legislature had set forth a declaration of the public purpose
to be served, and the district would retain ownershtp of the roadways in
question.
rhe Court expressed concern that public access to the roads would be
limited: lI[T]he fact that public access to the roads will be limited
raises a question of whether the stated public purposes are only
incidental to a primary private purpose . . . .la[51 The fact that the
district retained ownership of the roadways in question, coupled with the
legislative declaration of a public purpose, Illeads us to the conclusion
that the on-site road improvements serve a public purpose.1s[61 The Court
stated, however, that “[a] broad, general public purpose . . . will not
constitutionally sustain a project that in terms of direct, actual use, is
purely a private enterprise.H[71
petermination of whether the expenditure of county funds serves a
purpose is one that the board of county commissioners, as the
e Page 3 of 5
slative body for the county8 must make. However, this office has
ed that the mere grant of a temporary easement of thirty days to
?emit the county to enter private property to repair private drains and
Zanals was not sufficient to constitute a public purpose for which county
Eunds could be expended. [81
Che conclusions reached in the above opinions regarding the maintenance
ind repair of private roads, drains and canals would appear to be equally
applicable to the maintenance and repair of the infrastructure of
privately-owned facilities. As noted by the Court in Northern Palm Beach
2ounty Water Control District v. State, supra, the presence of public
xmership is a significant factor in a finding of public purpose.
kcording to your letter, however, the roads and water and sewer systems
ire privately owned. Moreover, you have not advised this office of any
mergency that would require the expenditure of county funds to maintain
:hem systems in order to protect the public health, safety or welfare of
:he county.[91 While the determination of what constitutes a county
?urpose is one that must be made by the governing body of the county and
:annot be delegated to this office,[lO] the expenditure of county funds to
naintain or repair privately-owned roads and related infrastructure or
?rivately-owned water and sewer systems in private communities generally
would not appear to be permissible.
uld note, however, that this office has previously addressed whether a
.sidents could request that their driveways on private property be graded
!or a set hourly rate. In Attorney General Opinion 99-15, this office
:oncluded that the county could institute such a program if, in exercising
:he county's broad home rule powers, the board of commissioners determined
:hat it served a county purpose. The opinion notes, however, that
xovision should be made to ensure that payment of all actual costs of
xoviding such service is undertaken by the private landowner, such costs
:o include not only the cost of using the equipment but the depreciation
,f the machinery, salary and employee benefits being accrued by the county
mrsonnel providing such services.[lll
e ty could enter into a private dirt road grading program whereby
kcordingly, I am of the opinion that county funds may not be used to
naintain or repair privately-owned roads and related infrastructure or
xivately-owned water and sewer systems in private communities. The
:ounty, however, may furnish such services if provision is made for
>ayment of all actual costs by the owner or owners of the private road or
sater or eewer system to the county and it is determined that such a
arogram serves a county purpose.
1 incerely ,
Tt A. Butterworth 0 corney General
1ttp:~~myflor~dalegal.com/ago.nsf/printview/0AF934E98059FD5085256BF90066F9A5?0penDocument 311 812004
Page 4 of 5
[l] Bannon v. Port of Palm Beach District, 246 So. 2d 737, 741 (Fla.
1971).
[2] See, e.g., State v. Housing Finance Authority of Polk County, 376 So.
Id 1158, 1160 (Fla. 1979). If the county's taxing power or pledge of
zredit is involved, the improvements must serve a paramount public
prpose. See, Orange County Industrial Development Authority v. State, 427
30. 2d 174 (Fla. 1983). If, however, neither the taxing power nor a pledge
>f credit is involved, then it is enough to show only that a public
?urpose is involved. Linscott v. Orange County rndustrfal Development
Puthordty, 443 So. 2d 97 (1983).
[3] And see, Padgett v. Bay County, 187 So. 2d 410 (Fla. 1st DCA 1966);
Zollins v. Jackson County, 156 So. 2d 24 (Fla. 1st DCA 1963); Op. Att'y
3en. Fla. 73-222 (1973) (expenditure of county funds to provide minor work
>r repair on private roads). Cf., Brumby v. City of Clearwater, 149 So.
203 (Fla. 1933), in which the Supreme Court of Florida voided a contract
een a city and a private individual whereby the city financed the
ging of a channel leading to the private individual's place of c siness, because I* the contract clearly required the appropriation of
public money for the individual benefit of the applicant [ .I 'I
[41 604 So. 2d 440 (Fla. 1992).
[5] Id. at 443.
[61 Id.
(71 Id., quoting, Orange County Industrial Development Authority v. State,
427 So. 2d 174, 179 (Fla. 1983), noting that the Court considered that the
presence of public ownership to be a significant factor in a finding of
public purpose.
t81 Attorney General Opinion 94-89 (1994).
t91 Cf., Op. Att'y Gen. Pla. 98-22 (1998) (county could use county funds
to keep private roads passable during a declared state of emergency if
county commission determines that such an expenditure satisfies a county
purpose).
1101 See, Ope. Att'y Gen. Fla. 90-37 (1990), 83-6 (1983), and 77-27
stating that the legislative determination and findings as to the
os8 of the expenditure and the benefits accruing to the public body
not be delegated to the Attorney General nor could the Attorney
http://myfloridalegaI.com/ago.nsf/printview/0AF934E98059FD5085256BF90066F9A5?0penDocument 3/180004
e Page 5 of 5
ral undertake to make such findings on behalf of the public body. 0 [ll] Accord, Op. Att'y Gen. Fla. 99-73 (1999).
1ttp:~/myflor~dalegaI.com/ago.nsElprintview/OAF934E98059FD5O85256BF90066F9A5?OpenDocument 3/18/2004
-_
ISSUE: Congress Avenue Extension from Northlake Boulevard to Alternate
AIA - Schedule (Page 13, Line 27)
RESPONSE: Growth Management staff reviewed the Palm Beach County 5-Year Road
Program as adopted on December 7, 2004. This road program was established by the
Board of County Commissioners and the Metropolitan Planning Organization to guide
roadwork throughout the county.
The program indicates a total allotment of $2.5 million in from FY 2006 through FY 2008
for design and right-of-way acquisition for the Congress Avenue Extension from
Northlake Boulevard to Alternate AI A. However, no construction schedule exists within
this plan from FY 2005 to 2009. Attached is a copy of the road program findings.
TOWN HALL MEETING
MARCH 31,2005
-- 'i
b P
P D E m rn D 0
- R - E 3.
m r
p
5 r
i L r s W
CI-
i
-0 0 s
v)
-. --
e
c
L-
a 0 3
c-
N I s
a
mr. mu oc
%=
8" 08
a-
NO 00
i b
N
0 e L
f
C F
L
1 I
ISSUE: Briger Community Planning Session. (Page 13, Lines 1 - 9)
RESPONSE:
During the meeting, Tom Sosey challenged the City Council to engage the residents of
Palm Beach Gardens and the residents of San Michele in the decision making and
planning process for the Briger Tract.
Mayor Russo then responded to Mr. Sosey, indicating that he had met with the
residents of San Michele for over two hours two nights prior. The Mayor then indicated
that there would be an opportunity for the public to become involved with the planning of
the Briger Tract at an upcoming Community Planning Session on May 9, 2005, at the
Burns Road Community Center Auditorium.
The City has posted this notice on its website, and will be sending out direct mail
notices to all those residents in the communities adjacent to the Briger Tract. A copy of
this notice is attached.
TOWN HALL MEETING
MARCH 31,2005
CT,
0
I a
0 m
0
0
3
DK S Q
I.
E;
b
c/,
0 Y
c z 3
6 W
Z z
Z
c)
v) m
v)
v) 5 z
0 Z
-I I
-
m
3 t
2
b
c) -. u"
0
TJ
II
w - 3
ISSUE: Waivers on Parcel 5A (Page 14, Lines 43-45)
RESPONSE: The one formally requested waiver for Parcel 5A relating to the medians
for the northlsouth linkage road has been withdrawn as the applicant has agreed to
staffs request. However, it should be noted that the applicant has submitted
“Development Guidelines” which indicates a proposed maximum building height of 12
stories or 200 feet. The proposed “Development Guidelines” also indicate that a waiver
would be needed relating to maximum lot coverage and signage for the project. Staff
has informed the applicant that any requests to deviate from the Development
Standards of the MI District would require a formal waiver request and justification.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS
MEMORANDUM
‘J Date: 03/17/05
Re: PCD-99-04: Parcel @ - Rezoning to PCD
Comments based on design guidelines submitted February 9,2005 and plans
submitted February 11,2005
Cc: Applicant
DESIGN GUIDELINES
1. Staff appreciates the applicant’s effort in preparing detailed Development Guidelines
for the subject property. However, staffs request for design guidelines was intended
merely to address the future architecture on site. The development standards on site
will be governed by the Research and Light Industrial Park (Mi) development
standards established in the City’s LDRs. Any request(s) to deviate from said
standards should be provided by the applicant in the form of a waiver request(s) along
with justification for the waiver(s).
e
2. It is staffs opinion that the only portion of the submitted design guidelines that should
remain is the section entitled “Elements of Style.’’ Future tenants should be required
to pick one of the styles proposed and incorporate 70% of the elements listed under
each style in the design of the building. This will allow for a variety of architecture and
flexibility of design for future tenants while ensuring quality architecture on site.
SITE PLAN
3. Staff suggests a street design that provides more interconnectivity within the site.
Perhaps an east/west roadway connecting the culs-de-sac to the north/south road
would sufice.
4. The applicant shall respond to these comments in writing and provide four (4) sets of
plans upon resubmittal.
DEVELOPMENT GUIDELINES
PGA CORPORATE CENTER - PLANNED COMMUNITY DEVELOPMENT
PGA NORTH II OF FLORIDA, LLC
FEBRUARY 2,2005
PGA Covorate Center PCD Development Guidelines February 2,2005
PGA CORPORATE CENTER PCD
DEVELOPMENT GUIDELINES
INTRODUCTION: The planning and development of land within
the PGA Corporate Center PCD is subject to
certain covenants placed on the land by the
master developer.
ARCHITECTURAL
REVIEW:
Process
Such protective covenants are documented and
are part of every land sales agreement. The
covenants establish several important ways
and means of ensuring orderly, attractive and
lasting development, all of which will preserve
and enhance land values.
The covenants provide for the review and
approval of site and building plans and
specifications by the developer. The developer
has established a committee called the
“Architectural Review Committee’’ (ARC) to
perform this function. It is the responsibility of
the ARC to administer certain development
criteria and standards which are the basis upon
which the ARC reviews and approves owner
plans for site improvements.
Signed plan approval by the ARC is required
prior to the undertaking of any site
improvements, construction or installation,
including clearing, grading, paving, signs,
structures, landscaping, building additions or
alterations, and subdivisions. Review should
be coordinated with required governmental
approvals.
Page 2
PGA Corporate Center PCD Development Guidelines February 2,2005
Process Cont’d Submission to Palm Beach Gardens for
building permits or site plan approval should
not be made until conceptual plans have been
approved. Site clearing and grading can begin
after preliminary approval and proper
governmental permits have been obtained.
Actual construction starts, such as excavating
of concrete foundations, should not commence
until final plans have been approved by the
ARC and all required permitting agencies.
All submissions to the ARC are to be made in
triplicate. The ARC meets once a month. Plans
and specifications must be submitted at least
one week prior to scheduled meetings.
Notification of recommendations or approval
will be provided in writing to the owner within
3-5 business days after the meeting.
Plans must be submitted to the PGA Corporate
Center PCD Property Owners Association at
the following stages of planning and design:
I. Schematic / conceptual design;
11. Construction documents.
At each stage, the following elements shall be
considered:
I. Site design;
11. Building design;
111. Landscaping design.
Signs may be submitted and reviewed
simultaneously with, or separately from, the
above elements.
Page 3
PGA Corporate Center PCD Development Guidelines February 2,2005
Process Cont'd Three (3) sets of plans shall be submitted for
each review. One set shall be retained for PGA
Corporate Center PCD Property Owners
Association files.
For Stage I Conceptual review, the following
shall be submitted:
a. Conceptual site plan;
b. Conceptual building plans including
elevations, a roof plan and floor plans.
'0
INTERPRETATION
AND WAIVER:
For Stage LI Construction Documents review
the owner shall submit working drawings and
specifications reflecting the approved
schematic / conceptual plans for review and
approval.
Design revisions occurring after Construction
Document approval by the ARC shall be
subject to review and approval by the ARC.
The City's and ARC'S interest in reviewing the
above items is to ensure that a high quality of
compatible development is consistently
achieved. Any questions arising from
ambiguities within these guidelines shall be
interpreted by the ARC. When questions of
judgment or interpretations arise, the decision
of the ARC is final.
In order to meet special situations which may
not be foreseen, it may be desirable from time
to time for the ARC and the City to allow
modifications of certain requirements. Any
modification granted is considered not to be
precedent setting because the decision is being
made with the welfare of overall development
in mind.
Page 4
PGA Corporate Center PCD Development Guidelines Februa y 2,2005
PUB LIC APPROVALS:
LAND USES:
All pertinent requirements of public agencies
must be followed in the development of this
property, and all plans must be approved by
the City of Palm Beach Gardens. Each buyer
must vedy code requirements at the time of
purchase and development.
Although based on local zoning and
subdivision regulations, PGA Corporate
Center PCD development criteria may be more
restrictive in land uses, site development
standards, landscape requirements, or in other
matters. In every case in which these
standards are at variance with public agency
standards, these standards shall govern.
Development within the PGA Corporate Center PCD shall include the following
land uses or their equivalents:
Industrial - 600,000 square feet
Professional Office - 240,000 square feet
Retail not to exceed 42,000 square feet (5% of
Industrial and Professional Office space) per
LDR Sec. 78-150(e).
Page 5
PGA Corporate Center PCD Development Guidelines February 2,2005
PERMITTED USES:
Uses within the PGA Corporate Center PCD are established as follows:
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.
Accessory uses including
satellite dishes and wireless
communications facilities
Animal kennels and pet
grooming
Art gallery and museum
Automobile or motorcycle
dealership
Auto service and repair
Car wash
Bakery
Bank or financial institution
Banquet facility
Barber or beauty supply and
equipment sales
Bicycle sales and repair
Bookstore
Building supply
Churches and places of
worship
College or university
Data processing service
Day care
Drugstore
Dry cleaning
Emergency health care
Express or parcel delivery
office
Florist
Food products, wholesale
storage & sales
Funeral home
Furniture manufacturing,
repair and restoration
Grocery store
27.
28.
29.
30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
41.
42.
43.
44.
45.
46.
47.
48.
49.
50.
51.
Page 6
Health, physical fitness, weight
reduction, and spa
Hotel / motel
Housekeeping and janitorial
service
Laboratory
Landscape, nursery, & garden
supplies
Laundry and/or dry cleaning
and pickup station
Locksmith
Machine shop or machinery
and equipment sales, rental
and repair
Medical and dental clinic
Medical or dental supplies
sales
Office
Passenger station
Pharmacy
Photo studio and processing
and picture framing
Post office
Print shop
Recreational facility
Retail, general
Restaurant
School
Small goods manufacturing,
wholesale and repair
Storage facility
Studio
Tailor shop
Warehousing
PGA Corporate Center PCD Development Guidelines February 2,2005
SITE DEVELOPMENT STANDARDS:
The following criteria shall be considered for the planning and development of
each individual development site with the PGA Corporate Center PCD:
Minimum Building Site
Area & Width
Maximum Coverage
Maximum Building Height
Building Placement
Setbacks
Pedestrian Use
Each development site shall consist of a
minimum of 10,000 square feet and have at
least 100 feet in width.
Maximum building footprint coverage on each
development site shall be 60% for industrial
uses and 70% for all other uses.
Maximum structure height within the PGA
Corporate Center PCD shall be twelve (12)
stories. No structure shall exceed 200 feet in
height.
The primary entrance facade shall face, front or
have the appearance of facing or fronting onto
primary or secondary roadways where
applicable.
Loading docks and service areas shall not be
permitted on the frontage lines and shall be
accessed from the rear or secondary facade.
Twenty-Five (25) feet along PGA Boulevard;
Twenty (20) feet along Alternate A1A; Fifteen
(15) feet along private access easements.
A zero (0) foot setback shall apply along RCA
Center Drive.
All sidewalks shall be a minimum of 5' and be
constructed of a broom-finished concrete.
Concrete pavers may be used to enhance focal
points and pedestrian areas as determined by
Page 7
PGA Corporate Center PCD Development Guidelines February 2,2005
the master developer for common areas and by
the owner of an individual development site.
Sites shall be designed to create a pedestrian-
friendly development (e.g. through the use of
sidewalks, public art, landscaping, water
feature/fountain, outdoor patio, courtyard or
plaza, clock tower). A pedestrian circulation
system shall be developed to connect all
buildings with sidewalks, through parking
areas, where required.
Sidewalks along City roads shall meander,
wherever possible.
. Loading Areas
LandscapinglNatura l
Amenities
Loading areas shall be located away from
primary and secondary roadways, where
possible.
Screening (i.e. landscaping or walls) shall be
used to further limit the visibility of required
loading areas, where necessary.
Landscaping shall be utilized to enhance the
pedestrian experience by providing aesthetic
value and shade opportunities.
Landscaping shall be used to screen
dumpsters, satellite dishes mounted on the
ground, loading areas and mechanical
equipment from public view where possible.
Landscape islands and/or diamonds shall be
spaced evenly throughout the site.
Parking areas shall have wheel stops to protect
landscape areas from vehicles but shall not be
required throughout open parking areas.
Page 8
PGA Corporate Center PCD Development Guidelines February 2,2005
Parking
Signage
Information Signs
Landscaping adjacent to the property
boundaries shall be consistent with the cross-
sections provided on the PCD Master Plan.
Natural amenities, such as lakes, may be
enhanced to create focal points within the
development.
Minimum parking requirements shall be as per
the Palm Beach Gardens Land Development
Regulations, unless relief is granted by the City
council.
The required number. of parking spaces shall
be based upon individual sites except where
shared parking pursuant to LDR Sec. 78-346
may be utilized.
Parking areas within the front setback of any
building shall be screened from view with, at a
minimum, low growth landscape material.
Each building may have one (1) primary
identification sign per facade that shall not
exceed 42 inches in height per line of copy.
Each building may have two (2) secondary
signs per fasade that shall not exceed 36 inches
in height per line of copy. Individual tenants
may have no more than one (1) secondary sign
per facade.
Signs shall consist of black or blue internally
illuminated channel letters.
Register logos and colors shall be permitted as
authorized by the ARC.
Each building site shall have informational and
directional signs designating parking areas,
Page 9
I
PGA Corporate Center PCD Develupment Guidelines Februa y 2,2005
Prohibited Signs
Exterior Lighting
Fencing
off-street loading areas, entrances and exits
and conveying similar inforrriation as needed.
Prohibited signs include, but may not be
limited to:
o Temporary "flashing" signs;
o Revolving signs;
o Rooftop signs.
A photometric plan shall be submitted with
each Site Plan Review application to the City of
Palm Beach Gardens for review and approval.
No moving, flashing or intermittent lighting of
any kind shall be permitted.
Decorative light fixtures may be used as a
building design element, where appropriate.
Fencing shall be used only to secure outside
storage or in connection with design screening.
All fencing shall be constructed with materials
compatible with those used in the major
building. All perimeter metal fencing shall be
screened by a landscape hedge ?4 the height of
the fence at planting.
Una erground Uti Zi ties All new utilities shall be placed underground.
ARCHITECTURAL STANDARDS:
Unified Character An overall unified architectural character and
image shall be created by the use of common
elements such as consistent forms, colors,
materials, and details. Similar, but not
identical, architectural treatment between
development sites within the project may be
permitted to allow diversity within the project.
Page 10
PGA Corporate Center PCD Development Guidelines February 2,2005
Roof Design
Building elements shall demonstrate a unity of
character and design.
Similar architectural composition and
treatment shall be provided on all sides of each
building contiguous to public rights-of-way.
Building material and color selections, though
they may be varied, shall provide for a
consistent theme throughout the development.
Color shall be used to achieve compatibility
with the surrounding area and to complement
the project.
The exterior finish material on all facades shall
be concrete, brick, stone, stucco, glass or other
high-quality material.
Accessory buildings within each development
site shall be constructed of compatible
materials, color, and character as the principal
building.
Massing and elevations should complement
each other. Buildings on the same or separate
development sites may be bookend matched.
The roofline along each elevation shall
incorporate a minimum of one of the following
design features. The same features are not
required on each elevation:
Primary Roof Design Element:
a. Articulated parapet along 30 percent of
the roof line for each elevation.
b. Pitched roof with minimum 12 inch
overhanging eaves.
c. Two or more plane breaks or slopes per
facade elevation.
Page 11
PGA Corporate Center PCD Development Guidelines February 2,2005
Facade Design
d. Any combination of the above.
Secondary Roof Design Element:
a. Decorative roof details, such as dormers,
cupolas, rafter tails, balconies, terraces,
or exposed beams.
b. Cornices with decorative moldings.
c. Pediments, porticos, architectural
features at entryways, or decorative
towers.
The front, side and rear facades, if contiguous
to a public right-of-way shall incorporate
recesses, projections, and architectural
elements such as columns, arches, etc. as
provided below:
a. Required Design Elements
All applicable facades, unless exempted
above, shall meet the following
standards:
1) RecessedProjections
Facades greater than 100 feet in
length shall incorporate recesses and
projections a minimum of 12 inches
in depth along a minimum of 20
percent of the total length of the
facade. The recesses or projections
shall be distributed along the facade
with a maximum spacing of 100 feet
between each recess or projection.
Facades with four or more bay doors
may exclude the combined length of
the bay doors from the total facade
length.
Blank walls shall not exceed 20 feet
in height or 40 feet in length.
Control and expansion joints shall
constitute a blank wall, unless used
in a decorative pattern with varied
2) Walls
Page 12
PGA Corporate Center PCD Development Guidelines February 2,2005
materials or textures and spaced a
maximum of 20 feet on center. Relief
and reveal depth shall be a
minimum of three quarters of an
inch.
Windows shall be defined with
details such as frames, sills, shutters,
planters, relief trims, or lintels.
Storefront design, relief features, and
decorative treatments shall
complement contiguous storefronts.
The facades on retail frontages at
sidewalk level shall be detailed and
glazed as storefronts. Non-faux
storefronts shall be directly
accessible from sidewalks.
Storefronts shall have glazed areas
between two (2) and ten (10) feet
from the ground.
;.
I
3) Storefronts
b. Additional Design Elements
The front and side facades shall include
a minimum of one of the following
design elements:
1) Exterior Treatment
The exterior treatment of the front
elevation shall consist of a minimum
of two different building materials,
textures, or finishes at a ratio of a
maximum of 80 percent for the
primary treatment and a minimum
of 20 percent for the secondary
treatment. Exterior finishes such as
stucco, brick, wood, coquina, or cut
stone are encouraged. The surfaces
of multiple exterior storefronts
within a building shall compliment
contiguous storefronts.
2) Fenestration Details
Page 13
PGA Corporate Center PCD Development Guidelines February 2,2005
Equipment S weening
Entryways
Architectural features or details such
as windows, awnings, covered
arcades, sills, shutters, reliefs, trims,
columns, pilasters, quoins, reveals,
cornices, horizontal banding, arches,
decorative vents and/or accent tile
shall be integrated into the facade to
avoid the appearance of a blank wall
and shall be provided along a
minimum of 60 percent of the facade
length of the front, side and rear
facades if contiguous to a public
right-of-way. All windows and
doors shall have architectural details
such as panels, transoms, crossbucks,
shutters, decorative trims, or
moldings. All glass areas shall
appear to be multi-paned.
All electrical, air conditioning, and fixed
mechanical equipment, such as satellite dishes,
shall be screened from view on all sides by an
opaque barrier constructed of compatible
materials, color, and character of the building,
parapet wall, or equivalent landscaping.
All public entries shall be easily identifiable
and integrated into the building architecture.
Each freestanding principal structure shall
have a minimum of one clearly defined
primary public entrance feature. The primary
entrance feature shall incorporate a minimum
of one design element from each of the
following lists:
Primary Entry Feature Design Element
a. Canopies, porte-cochere, or porticos.
b. Wall recess or projection a minimum of 12
inches in depth.
Page 14
PGA Corporate Center PCD Development Guidelines February 2,2005
c. Covered arcades, a minimum of eight feet
clear in width.
d. Peaked roof forms.
e. Arches, columns or pilasters.
Entry Decorative Treatment
a. Overhangs, cornices and eaves.
b. Decorative moldings or trims around
windows and doors.
c. Covered public outdoor patio or plaza
incorporated with entry area which are not
part of a tenant space.
d. Special pavers, bricks, decorative concrete,
or other similar pavement treatment.
e. Architechlral details, such as tile work or
moldings.
i
Single Story Buildings
Multi-Sto y Buildings
Single story buildings shall incorporate a
minimum of three of the following
architectural details or other similar treatment
to avoid the appearance of a blank wall:
a. Columns or pilasters;
b . Decor a tive cornices;
c. Horizontal banding;
d. Arches;
e. Decorative vents and louvers;
f. Moldings and trims;
g. Decorative shutters; and
h. Bay windows.
In addition to the architectural details required
for single story buildings, multi-story
buildings shall have breaks such as a canopy,
balcony, overhang, or other horizontal
projections to provide articulation.
ArticuZation & Massing Arcades, awnings and balconies may be used
to articulate the massing of buildings.
Page 15
PGA Corporate Center PCD Development Guidelines February 2,2005
..
Elhents of Style
Balconies and porches may be of decorative
metal, wood, carved stone, concrete or stucco.
Elements such as towers or stairs may be used
to add verticality and break up the massing of
the buildings.
A combination of roofs can be used in order to
achieve a more complex form and help
articulate the building’s mass. This technique
may help conceal roof-top mechanical
equipment.
The following architectural styles may provide
a palette of styles for use within the
development.
Mediterranean Revival
1.
2.
3.
4.
5.
6.
7.
8.
9.
Asymmetrical Shapes;
Cross-gabled, pitched, shed, hip and
pyramidal roofs;
Low barrel tile roofs;
Functional and ornamental balconies;
Patios, loggias, courtyards and fountains;
Decorative chimney tops;
Textured stucco facades with wood, stone,
cast stone and decorative tile accents;
Arches above doors, windows and beneath
roofs;
Doorways with carved stonework, spiral
columns and pilasters;
10. Casement and sash windows;
11. Wrought iron grilles.
Ne0 Palladian
1. Symmetrical balanced facades;
2. Multiple bays emphasizing central
entrance;
Page 16
:e
PGA Corporate Center PCD Development Guidelines February 2,2005
3. Low barrel tile roofs;
4. Functional and ornamental balconies;
5. Patios, loggias, courtyards and fountains;
6. Decorative chimney tops;
7. Textured stucco facades with wood, stone,
cast stone and decorative tile accents;
8. Arches above doors, windows and beneath
roofs;
9. Doorways with carved stonework, spiral
columns and pilasters;
10. Vertically proportioned casement and sash
windows;
11. Classical columns, cornices and
entablatures;
12. Gable fronted porches wif5 decorative
pediments.
Spanish Colonial Revival
1. Block frames and massing;
2. Barrel tile hp roofs, sometimes curvilinear
3. Eaves with molded cornices;
4. Decorative bell towers;
5. Arcaded porches and loggias;
6. Wrought iron balconies, balconets and
7. Textured stucco facades;
8. Elaborate central doorways;
9. Arched and rectangular sash or casement
windows;
10. Cornice window heads
parapets;
grilles;
Mission Revival
1. Flat roofs with straight or curved parapets
2. Open, columned porches;
3. Decorative chimney tops;
4. Rough or smooth stucco facades;
and roof scuppers;
Page 17
PGA Corporate Center PCD Development Guidelines Februa y 2,2005
..
i
5. Front focus on wooden doors and showcase
windows;
6. Arched window, door and porch openings;
7. Sash and casement windows;
8. Porte cocheres;
9. Minimal decoration that may include
niches, architraves, tile and wrought iron.
Anglo-Caribbean Revival
1. Symmetrical facades with large open
porches;
2. Hipped standing seam or tin roofs;
3. Smooth stucco or stone on first level;
4. Board and batten or clapboard on upper
levels;
5. Large overhangs with brackets or rafter
tails;
6. Double-hung sash and casement windows;
7. Colonial or Bahama style shutters;
8. Open porches supported by piers and
decorative columns;
9. Simple wood ornamentation.
Bermuda Style
1.
2.
3.
4.
5.
6.
7.
8.
9.
Symmetrical balanced facades;
Hipped roofs with green or white tiles or
standing seam tin;
Moderately pitched roofs;
Classically proportioned entrances and
porches;
Gable fronted porches with decorative
pediments;
Shallow overhangs;
Smooth stucco exteriors;
Vertically proportioned sash windows;
Colonial or Bahama style shutters;
IO. Classical columns, cornices and
entablatures.
Page 18
PGA Corporate Center PCD Development Guidelines Februa y 2,2005
Art Moderne
1.
2.
3.
4.
5.
6.
7.
8.
9.
Flat roofs;
Asymmetric shapes;
Stepped and projected parapets;
Smooth surface finishes;
Curvilinear accents; horizontal facade
elements;
Wood and metal doors, often with round
windows;
Metal screen doors and stylized
decorations;
Metal casement windows;
Corner, octagonal and porthole windows;
10. Cantilevered sun shades, called eyebrows,
11. Stainless steel, terrazzo, and glass tiled
over windows;
accents.
Art Deco
1. Concrete block construction;
2. Linear parapets and flat roofs;
3. Vertical emphasis;
4. Stepped or set back facades;
5. Geometric, linear forms with hard edges
that contrast with elaborate decorations;
6. Smooth, painted stucco, sometimes natural
stone;
7. Casement, metal sash and corner windows
with ornamentation;
8. Glass block;
9. Metal or cast concrete details;
10. Zigzag, chevron, sunrise and floral motifs,
plus tropical variations.
Page 19
PGA Corporate Center PCD Development Guidelines February 2,2005
ANIMALS
CONDITION OF
PREMISES:
In tema ti on a 2
1. Blocked massing consisting of various sizes
2. Smooth unornamented wall surfaces;
3. Asymmetrical facades;
4. Flat roofs usually with shallow parapet or
ledge at roof line;
5. Windows are arranged in bands or ribbons
and are usually casements set flush with
outer walls;
and heights, often one large massing block;
6. Clerestories are often present;
7. Facades accentuated with cantilevered
elements;
8. Occasionally, blocky massing accented by
cylindrical forms.
Post Modern
1. Exaggerated classical elements;
2. Large massing blocks;
3. Vibrant colored facades;
4. Combinations of style elements;
5. Dis torted/enlarged proportions;
6. Flat surfaces;
7. Punched windows with single lights;
8. Multiple surface materials and textures
No livestock, poultry or other animals shall be
kept on any part of the PGA Corporate Center
PCD except as required for research activities,
veterinarian clinics and animal hospitals, or as
otherwise authorized by the ARC.
Each building site, including all buildings,
fences, walls, parking areas, sidewalks, signs,
and landscaping shall be maintained at all
Page 20
PGA Corporate Center PCD Development Guidelines February 2,2005
times in a safe and clean manner. If any
building site is not being maintained as
required, the master developer or Property
Owners Association (POA) may give the
owner of such building site written notice of
the failure, and if the owner fails to comply
with this provision within fifteen (15) working
days after such written notice (or within a
longer period of time if the required work is
commenced within said fifteen (15) day period
and thereafter is continued with due diligence
and dispatch), the master developer or POA
shall have the right to enter upon the building
site and perform the required maintenance or
repairs at the expense of the owner.
;.
.. ,
I
MAINTENANCE
EASE M E NT: Master developer hereby reserves for itself and
for its designees or employees, the free and
unrestricted right, license and privilege to have
free and unrestricted access upon and across
PGA Corporate Center PCD and each
development site, and, upon reasonable notice,
any buildings and structures thereon. For the
purpose of performing any work master
developer shall have the right to perform
pursuant to the provisions of these
Development Guidelines. Each owner,
mortgage fee and tenant to any building site,
by accepting title thereto or an estate herein,
shall be deemed to have consented to the
foregoing rights. Master developer agrees to
use all reasonable efforts to avoid interfering
with the normal business operations of anyone
occupying such buildings.
Page 21
CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION
Agenda Cover Memorandum
Date Prepared: March 31,2004
Meeting Date: April 13,2004
Petition: PCD-99-04
SUBJECT/AGENDA ITEM
PCD-99-04: Parcel 5A - Rezoning and Master Plan Approval
Workshop: A request by Mr. Ryan Johnston, of Catalfumo Construction and Development, Inc.,
for approval of a rezoning from Research and Light Industrial Park (Ml) and Planned Development
Area (PDA) zoning designations to a Planned Community District Overlay (PCD) zoning
designation with an MI underlying zoning designation. The proposed PCD will consist of 240,000
square feet of office use and 600,000 square feet of industrial use including a maximum of 42,000
square feet of commercial use. The approximately 86.34-acre subject site, referred to as “Parcel
5A,” is generally bounded by Interstate-95 right-of-way to the west and south, the Garden Woods
and Winchester Courts residential developments to the north, and the Florida East Coast Railway
(FEC) right-of-way and Alternate A1A to the east.
[XI Request comment and direction on the subject petition
[ ] Recommendation to DENY
Reviewed by:
23 Planning and Zoning
Division Director
Tala1 M. Benothman, AICP
City Attorney
Christine Tatum
Finance NIA
Development
Compliance
Bahareh Keshavarz-Wolfs,
AICP
Approved By:
City Manager
Ronald M. Ferris
Originating Dept.:
Growth Mgt:
Project
Manager
Michael J. nchez
Senior Pla f er
[ ] Quasi - Judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
[ ]Notified
[XI Not Required
Affected Parties:
[ ]Notified
[XI Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other3
Budget Acct.#:
NIA
P&Z Action:
[ ]Approved
[ ] App. wl conditions
[ ]Denied
[ ] Rec. approval
[ 3 Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Applicant’s Proposed
List of Uses
Conditional
Concurrency
Certification
Letter from
Applicant’s Attorney
Memo from City
Engineer
MapQ:
Comprehensive Plan
NortWSouth ROW
Map Detail
MasterPlan
Site Details
Date Prepared: March 31,2004
Meeting Date: April 13,2004
Petition: PCD-99-04
$ubi ect Property
Parcel 5A (Vacant)
PLANNING AND ZONING WORKSHOP
Industrial (I)/Recreation
Open Space (ROS)
Research and Light
Industrial (Ml)/Planned
Development Area (PDA)
For the information of the Planning and Zoning Commission (herein after referred to as the
“Commission”), staff granted the applicant’s request to hold a workshop hearing for the subject
petition prior to the applicant preparing and submitting a full-blown plan resubmittal that would
attempt to address all of the City’s comments and concerns raised at the City’s Development
Review Committee (DRC) meeting. The purpose of this workshop hearing is to request guidance
and direction relating to the development proposal from the Commission prior to the applicant’s
resubmittal.
North
Garden Woods Residential Development/
Winchester Courts Residential Development
BACKGROUND
Residential Low Density-3
(RL3)/
Residential Medium (RM)
w/Planned Unit
Development Overlay
Residential Low (RL)
On February 1,2001, the City Council approved Resolution 1,2001 providing for the approval of a
ten (10) acre conceptual upland preserve set aside for Parcel 28, Parcel 5A (the subject parcel;
herein after referred to as the ‘Property’), and Parcel 5B to be located within Parcel 5A in order to
satisfy the minimum 25% upland preserve requirement for the three (3) aforesaid parcels.
East
Regionalnter DIU
Garden Lakes Residential Development
LAND USE & ZONING
.,
Professional Office
(PO)/Commercial
(C)/Residential High (RH)
w/Planned Unit Residential Medium (RM)
Planned Community
Development (P CD)
Residential Medium (RM)
Development Overlay
The land-use designations of the Property as shown on the City’s Future Land Use Map are
Industrial (I) and Recreation Open Space (ROS). The site is currently zoned Research and Light
Industrial Park (Ml) and Planned Development Area (PDA). The applicant is requesting approval
of a rezoning to a Planned Community District Overlay (PCD) with an underlying zoning
designation of Research and Light Industrial Park (Ml).
The existing land uses and zoning designations of properties surrounding the Property are provided
in the following table:
ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS
West
Interstate 95Niltary Trail
I 1 Mixed Use (MXD) Research and Light
Industrial Park (M 1)
2
Date Prepared: March 3 1,2004
Meeting Date: April 13,2004
Petition: PCD-99-04
CONCURRENCY
The Property was granted conditional concurrency certification on December 1 1, 2000, for the
development of 240,000 square feet of office use and 600,000 square feet of industrial use or their
traffic equivalents. The conditional concurrency certification is contingent upon the applicant
satisfying several conditions mandated by the City Engineer and Palm Beach County Traffic
Division in the attached memoranda (please see attachment). The stated conditions limit, in part,
the number of building permits that can be issued until such time when certain roadway
improvements performed in the surrounding areas. The certification is also contingent upon the
approval of a development order for the Property by the City Council. If any of the conditions
listed in the aforementioned attached memoranda are not satisfied within the established time frame
or a development order is not issued by City Council for the above referenced project, then the
conditional concurrency certification shall become null and void. If all the conditions are satisfied
within the appropriate time frame and a development order is issued, then the conditional
concurrency certification shall not expire until after the build-out date of December 3 1,2005.
PROJECT DETAILS
The applicant is requesting approval of a rezoning from Research and Light Industrial Park (Ml)
and Planned Development Area (PDA) zoning designations to a Planned Community District
Overlay (PCD) zoning designation with an MI underlying zoning designation. The proposed PCD
will consist of 240,000 square feet of office use and 600,000 square feet of industrial use including
a maximum of 42,000 square feet of commercial use (Note: the M1 zoning district requirements
allow for retail and consumer service establishments to be permitted as accessory uses to any
permitted or conditional use within the zoning district so long as the commercial use does not
occupy more than five (5%) percent of the gross floor area of all buildings on site).
0
The applicant is seeking approval of the PCD Master Plan, PCD Buffers, and design (alignment,
configuration, and dimensions) of the thoroughfares traversing the Property. No buildings are being
proposed at this time. It is the applicant’s intention to obtain approval of the PCD, then submit for
individual site plan approvals from the City for parcels within the PCD as tenants are secured.
PCD Master Plan
The proposed PCD Master Plan provides for (1) the design of the roadways traversing the Property
(this issue is addressed in a subsequent section of this report); (2) the location of the 10-acre upland
preserve, which satisfies the upland preservation requirements for the Property, Parcel 5B and the
Legacy Place parcels (Parcels 28.01 and 28.02); (3) a 12.22-acre lake on the northern portion of the
property; and (4) 17 individual parcels within the PCD.
The applicant has indicated that the lot lines depicted on the Master Plan are conceptual only and
are subject to change. The applicant has further stated that as tenants are secured, it is the
applicant’s intention to subdivide the development via metes and bounds descriptions after the
recordation of the boundary plat. It is staffs opinion that the proposed location, dimensions and
configurations of parcels within a PCD application should not be conceptual and are not
subject to change subsequent to approval by the City Council without an amendment to the
PCD. This is an outstanding issue that is further addressed in the “Outstanding Issues”
3
Date Prepared: March 3 I, 2004
Meeting Date: Apiil 13,2004
Petition: PCD-99-04
Not all lots within the proposed PCD are accessible via interior roads (i.e. Lots 7, 8, 9, 10, 13, 14,
15, 16). The applicant has stated that the lot lines depicted on the Master Plan are conceptual only
and are subject to change and that legal access to various lots in the development will be provided
via private access easements to be designed during site plan approval for each individual parcel.
Staff is requesting that access be provided to all lots on the Master Plan during the approval
of the PCD petition. This is an outstanding issue that is further addressed in the
“Outstanding Issues” portion of this report.
Th or0 ugh fares
The submitted site plan depicts a roadway system that provides both pedestrian and vehicular
linkages to abutting and nearby roadways. The thoroughfare connections within the subject parcel
established in Map ‘Q’ of the City’s Comprehensive Plan, entitled City Center Linkages, have been
provided by the applicant. More specifically, Map ‘Q’ depicts an east/west thoroughfare through
the Property that is planned to be the future extension of Kyoto Gardens Drive fi-om Alternate A1A
west to Military Trail, as well as a nortMsouth thoroughfare through the Property to connect
(underneath the PGA Flyover) the future extension of Kyoto Gardens Drive to RCA Boulevard to
the south via Parcel 5B (Note: there currently exists an 80-foot-wide right-of-way dedicated to the
City between the Hampton Inn Hotel and the Hilda Flack Interiors property to the south of Parcel
5B and the Gardens Station parcels that is intended to connect RCA Boulevard to the future
north/south roadway through Parcel 5B and the Property [please see attached “NortMSouth ROW
Map Detail”]). The applicant is proposing a right-of-way width of 50 feet for the northhouth
connector roadway. Staff is requesting a width of 80 feet, exclusive of landscape buffers, for
said roadway. This is an outstanding issue that is further addressed in the “Outstanding
Issues” section of this report.
Status of the Kyoto Gardens Drive extension
In October of 2002, the City entered into an Agreement for Assured Construction of Linkage Roads
(the ‘Agreement’) with the applicant and other entities owning property within the City Center
portion of the City (the ‘Owners’) in which the Owners agreed to construct certain roads depicted
on the City Center Linkage Plan in exchange for credits against the amount of road impact fees that
would otherwise be due to the City. The Agreement stipulated that within 60 days of the execution
thereof, or by December 3, 2002, the Owners dedicate to the City by plat a 110’ wide right-of-way
traversing Parcel 5A to be utilized for the extension of Kyoto Gardens Drive from Alternate A1A to
Military Trail. In addition to the foregoing, the Owners were obligated pursuant to the Agreement
to commence construction of the Kyoto Gardens Drive extension by October 1,2003. To this date,
neither the dedication to the City nor the commencement of construction of the Kyoto
Gardens Drive extension has been performed by the Applicant.
In response to a notification by the City to the Owners of their material default under the
Agreement, their counsel repudiated the Agreement by conditioning the dedication of the Kyoto
Gardens right-of-way on the City’s final approval of their applications for development approvals of
4
Date Prepared: March 31,2004
Meeting Date: April 13,2004
Petition: PCD-99-04
Parcels 5A and 5B.
Most recently, the City filed a Complaint for Specific Performances and Damages in the Circuit
Court of the 15th Judicial Circuit of Palm Beach County, Florida, against the Owners for material
breach of the terms and conditions of the Agreement.
0
Landscaving/Bu ffering
The applicant will be providing a 25-foot landscape buffer (width is consistent with LDR
requirements) along the south and west PCD boundary lines adjacent to the Interstate-95 right-of-
way, 15-foot landscape buffers (width is consistent with LDR requirements) along the roadways
within the Property, and a 15-fOOt landscape buffer along the FEC tracks adjacent to Alternate A1 A.
The City’s LDR’s require a minimum 20-foot landscape buffer along all railway rights-of-way that
are 100 feet wide or greater (the FEC right-of-way is 100 feet wide). This is an outstanding issue
that is further addressed in the “Outstanding Issues” section of this report.
The north portion of the site will contain a 12-acre lake and a 10-acre preserve between the Kyoto
Gardens Drive extension and the northern PCD boundary line.
Site Access
‘ The proposed Master Plan includes an east/west thoroughfare planned to be the future extension of
Kyoto Gardens Drive that will provide access to the site from Alternate A1A and Military Trail, as
well as a northhouth thoroughfare that will connect to the future extension of Kyoto Gardens Drive
and will provide access to the site from RCA Boulevard to the south via Parcel 5B. 0
Uuland Preserve
As previously stated, the City Council approved Resolution 1, 2001 providing for a ten (10) acre
upland preserve set aside for Parcel 28, Parcel 5A, and Parcel 5B to be located within Parcel SA in
order to satisfy the minimum 25% upland preserve requirement for the three (3) aforesaid parcels.
Said preserve area within Parcel 5A has been recorded as a conservation easement in the Public
Records of Palm Beach County.
Drainaae
The proposed development is within the jurisdiction of the South Florida Water Management
District (SFWMD), the North Palm Beach County Improvement District (NPBCID) and the City of
Palm Beach Gardens.
The proposed storm water management system will be comprised of catch basins, storm drain pipes
and exfiltration trenches to collect storm water and pre-treat it for water quality prior to discharge
into the site’s lake system. The site has legal positive outfall to the Unit #2 sub-basin #1 system.
PGA Boulevard Corridor Overlay
Section 78-221(~)(2) of the City’s LDR’s, entitled Boundaries, states that the boundaries of the
5
Date Prepared: March 31,2004
Meeting Date: April 13,2004
Petition: PCD-99-04
PGA Boulevard Corridor Overlay Zone consists of those lands fronting or abutting PGA Boulevard
for a depth of 1,000 feet from the edge of right-of-way. Section 78-221(c)(l)(a.) of the City’s
LDR’s states that the standards of the PGA Boulevard Corridor Overlay apply to all property which
fronts upon or is considered by the City to be functionally oriented to PGA Boulevard.
Although the Property lies within 1,000 feet of PGA Boulevard, it does not front or abut PGA
Boulevard (there exists right-of-way for the Interstate-95 on-ramps between the Property and PGA
Boulevard) and is not considered by the staff to be functionally oriented to PGA Boulevard.
Therefore, it is staffs opinion that this project is not required to comply with the standards of the
PGA Boulevard Corridor Overlay Zone.
Section 78-1 %(e) of the City’s Land Development Regulations, entitled Permitted uses (within a
PCD), states that unless otherwise established by a PCD development order, the uses permitted in
the PCD district shall be governed by the uses permitted in the underlying zoning district. The
applicant has provided a list of proposed uses (attached), several of which are not permitted within
the proposed M1 underlying zoning district. Staff has asked the applicant to provide a comparison
chart depicting those uses that are permitted or conditionally permitted within the M1 zoning
designation, as well as those uses being proposed for the PCD to allow for a more straightforward
review of the proposed uses by the Planning and Zoning Commission and the City Council. As
stated in the attached letter from the applicant’s attorney, the applicant refuses to provide such a
chart stating that:
“Due to the large size of the property, the subject of the petition, and the scope of development
proposed thereon, the Owner-Applicant does not favor narrowing the list of permitted (uses) on
Parcel 5A and finds the concept of being required to submit a table to the City that indicates
which proposed uses are not expressly permitted by right with the M1 zoning district to be
without merit, inefficient, and an unnecessary burden and imposition on the Owner- Applicant,
and an obstruction to the Petition process.”
Staff believes the requested list will provide a straightforward method of comparing the proposed
uses to those permitted or conditionally permitted within the underlying zoning district. This is an
outstanding issue that is further addressed in the “Outstanding Issues” section of this report.
Design Guidelines
During the review process of this petition, Staff has repeatedly requested that the applicant submit
detailed design guidelines for the PCD to be reviewed by the City and included in the PCD
development order. The goal of the requested guidelines is to, achieve a level of desim
predictability with regard to architecture, site desim and site amenities, both by the City and the
applicant, and to foster a high quality of development on the site. The design guidelines should also
include illustrations and details of project-wide shared elements, including common hardscape
themes, street furniture, lighting, and thoroughfare enhancements.
Section 78-155(a) of the City’s LDR’s, entitled Composition and intent (of a PCD), states that the
PCD overlay district is intended to encourage the use of architectural and design features which are
6
Date Prepared: March 3 1,2004
Meeting Date: April 13, 2004
Petition: PCD-99-04
aesthetically pleasing and supportive of an enhanced quality of life.
It is staffs opinion that approval of the PCD without the inclusion of design guidelines in the
development order could allow for a variety of contrasting, incoherent architectural styles and
building and site designs to be developed on site. By contrast, the development proposals for the
nearby Legacy Place commercial development and Parcel 5B to the south, as well as the recently
approved Downtown at the Gardens project, have each demonstrated a unique, unified architectural
style within. Due to the fact that buildings are not being proposed at this stage in the development
review process, it is staffs professional opinion that design guidelines are necessary to ensure the
development on site possesses a unified, coherent architectural style (please note that staff is not
suggesting that the same building forms and elevations be utilized throughout the site but rather a
consistent style).
This is an outstanding issue that is further addressed in the “Outstanding Issues” section of
this report.
WAIVER REOUEST
The applicant is requesting approval of the following waiver:
*:* A waiver from Section 78-324(c)(l)(a) of the City’s Land Development Regulations that
requires future city roads and public access easement roads indicated on the City of Palm
Beach Gardens linkage plan or thoroughfare plan to have medians wide enough to accept a
tree or palm specie to allow for the construction of the northhouth roadway within the parcel
without landscape medians. Staff is requesting that medians be included within the
roadways traversing the property as is required by the City’s LDR’s.
The applicant has not provided justification for the requested waiver as of yet.
This is an outstanding issue that is further addressed in the “Outstanding Issues” section of
this report.
OUTSTANDING ISSUES
A summary of staffs outstanding issues at this juncture of the review process are listed below,
some of which are discussed at length in the previous sections of this report:
6 North/south thoroughfare right-of-way width: The applicant is proposing a right-of-way
width of 50 feet for the proposed northkouth thoroughfare within the Property. Staff is
requesting a width of 80 feet, exclusive of landscape buffers, for the northhouth connector
roadway.
Discussion: As stated previously, Map ‘Q’ of the City’s Comprehensive Plan, entitled City
Center Linkages, establishes planned vehicular connections within the “City Center” portion
of the City. Policy 2.1.6.1. thereof requires individual developments to dedicate the needed
right-of-way during the site plan review process to be consistent with and conform to the
City Center Linkages Plan. Map ‘Q’ depicts vehicular connections through the Property that
7
Date Prepared: March 31,2004
Meeting Date: April 13,2004
Petition: PCD-99-04
the applicant has made provisions for in the proposed plan (please see attached Map ‘Q’).
The northhouth vehicular connection is labeled as a “Tertiary” road on Map ‘Q’ (the other
two (2) thoroughfare classifications on Map ‘ Q’ are “Primary” roads and “Secondary”
roads). Neither the City’s Comprehensive Plan nor the City’s LDR’s establish
minimum right-of-way widths for Primary, Secondary or Tertiary roads. Instead, the
Comprehensive Plan classifies all roadways within the City as either “City Collectors,”
“Neighborhood Collectors,” or “Local Roads” and establishes minimum right-of-way widths
therefor. The aforesaid roadway classifications, their functions and their minimum right-of-
way widths are defined in the Comprehensive Plan as follows:
Policy 2.1.2.1.: The hierarchy of City streets and their functions shall be as follows:
Citv Collectors - (example Bums Road) collect and distribute traffic from neighborhood
to neighborhood throughout the City and provide back-up routes to the County
thoroughfare system, may be greater than two lane and are always public, unless
designated a private road pursuant to a PUD or PCD approval prior to the construction of
the road. The goal is to have a network sufficient to maintain these roads at no more
than four lanes.
Neighborhood Collectors - (example Holly Drive) collect and distribute traffic within
a Planned Unit Development or from limited access subdivisions, will be maintained
as low speed, two lane public roads (unless designated a private road pursuant to a PUD
or PCD approval prior to the construction of the road) suitable for fronting residential
development, institutional, or neighborhood commercial development. [Emphasis,
supplied. 3
Local Roads - (example Buttercup) all other City roads, may be public or private.
Policy 2.1.2.2.: Minimum right-of-way requirements for new roadways shall be:
a) ArteriaVPrimary roadways - right-of-way and laneage based on County and
State standard;
b) City Collector roadways - 120’ right-of-way;
c) Neighborhood Collector roadways - 80’ right-of-way [Emphasis supplied.]
d) Local roads - 60’ right-of-way (swale drainage); and 50’ right-of-way (curb
and gutter).
e) Parkways - 300-400’ right-of-way.
As noted in the attached memorandum from the City’s engineering consultants, LBFH,
it is staffs professional opinion that the northkouth roadway within the Property that
is to connect the future extension of Kyoto Gardens Drive (via underneath the PGA
Flyover) to RCA Boulevard to the south clearly fits the definition of a Neighborhood
Collector, as defined above. Therefore, it is required to have a minimum width of 80
feet, exclusive of the required landscape buffers. This roadway will “collect and
distribute” traffic within and through a neighborhood commercial Planned Unit
Development (Parcel 5B), within and through a light industrial Planned Community
8
Date Prepared: March 3 1,2004
Meeting Date: April 13,2004
Petition: PCD-99-04
Development (Parcel SA), and will provide an important vehicular connection between two
(2) significant roadways: RCA Boulevard and the future Kyoto Gardens Drive extension
that will connect Alternate A1A to Military Trail (please see attached “North/South ROW
Map Detail”).
It is important to note that during the site plan approvals for the Hampton Inn Hotel and the
Hilda Flack Interiors property to the south of Parcel 5B in 1998 and 1999, respectively, the
City mandated that an 80-foot right-of-way be dedicated to the City between the two (2)
properties in order to connect RCA Boulevard to the future northhouth connector roadway
within Parcel SB and the Property and ultimately to the Kyoto Gardens Drive extension.
Furthermore, the two (2) properties (Gardens Station Parcels) north of the Hampton Inn
Hotel and the Hilda Flack property contain an 80-foot-wide portion of land between them to
be utilized for future right-of-way (please see attached “NortWSouth ROW Map Detail”). It
is clear that precedent has been set by the City that the northhouth roadway shall have a
width of 80-feet in order to connect to the existing 80-foot right-of-way between the Hilda
Flack and Hampton Inn properties.
Applicant’s iust@cation -for 5OTfoot right-of-wa-v width: As justification for the proposed
%-foot right-of-way width for the northhouth roadway, the applicant references a sentence
in the Agenda Cover Memorandum for Resolution 93,2000 prepared by staff that approved
the City Center Linkage Plan that reads as follows:
VI. LINKAGES:
Vehicular linkages are categorized as Primary (regional arterials), Secondary (collector
roads), and Tertiary (local roads). Primary roads are required to be four lanes.
Secondary and Tertiary are to be two lanes.
It is staffs opinion that this sentence contained in a staff-prepared Agenda Cover
Memorandum was in no way intended to establish all roads labeled as “Tertiary” on
the City Center Linkages Plan as local roads. Roadways are classified in the
Comprehensive Plan as either City Collectors, Neighborhood Collectors, or Local
Roads depending on their function and projected traffic intensities. The City’s
Comprehensive Plan establishes minimum right-of-way widths for these three (3)
roadway classifications. Based on the projected intensities on the subject parcel as well
as on Parcel 5B to the south and the function that the northhouth roadway will serve,
it is staffs opinion that said roadway is a Neighborhood Collector and shall possess a
minimum width of 80 feet, exclusive of any landscape buffers, consistent with the
minimum right-of-width requirements for a Neighborhood Collector.
*:* Parcels within the PCD: The proposed PCD Master Plan depicts 17 individual parcels
within the PCD. The applicant has indicated that the lot lines depicted on the Master Plan
are conceptual only and are subject to change. The applicant has further stated that as
tenants are secured, it is the applicant’s intention to subdivide the development via metes
and bounds descriptions after the recordation of the boundary plat. It is staffs opinion that
the proposed location, dimensions and configurations of parcels and roadways within a
PCD application are not to be conceptual, are not subject to change subsequent to
approval by the City Council without an amendment to the PCD, and should be
9
Date Prepared: March 31,2004
Meeting Date: April 13,2004
Petition: PCD-99-04
provided during the PCD review process.
Policy 1.1.1.4.a. of the City’s Comprehensive Plan states that the intent of a PCD is to
permit a large area to be developed under one (1) master plan that includes different land use
types at several different levels of intensity. Collector roads and development “pods” are
shown as part of the master development plan. Supporting documentation is also
included which describes the development intensities assigned to each pod and any
restrictions in use or site design requirements. The pods are then developed as individual
site plans.
The applicant has not depicted defined development “pods” with access thereto on the
Master Plans. Further, development intensities assigned to each pod and restrictions
in use or site design requirements have not been provided. The proposed development
scenario could provide for a wide spectrum of lot configurations, lot sizes, lot
intensities, and roadway configurations within the PCD that, in staffs opinion, are all
intended to be established during the PCD review process. Staff believes that the
proposed plan is far too ambiguous, does not provide the City with a clear picture as to
how the site will be ultimately designed and configured, and does not provide any
identifiable benefits to the residents of the City with the exception of the roadway
connections.
*:* Access to parcels within the PCD: Not all lots within the proposed PCD are accessible via
interior roads (Le. Lots 7, 8, 9, 10, 13, 14, 15, 16). The applicant has stated that the lot lines
depicted on the Master Plan are conceptual only and are subject to change and that legal
access to various lots in the development will be provided via private access easements to be
designed during site plan approval for each individual parcel.
Staff believes that the applicant’s approach to the development of the PCD does not
provide the City with a clear picture as to how the PCD will be developed. The
proposed development scenario could provide for a wide spectrum of lot
configurations, lot sizes, lot intensities, and roadway configurations within the PCD
that, in staffs opinion, are all intended to be established during the PCD review
process. Staff is requesting that access roadways to all lots, as well as cross-sections,
roadway landscaping, sidewalks, curbing, etc., for said access roadways be provided on
the Master Plan during the approval of the PCD petition.
*:* Design guidelines: During the review process of this petition, Staff has repeatedly requested
that the applicant submit detailed design guidelines for the PCD to be reviewed by the City
and included in the PCD development order. The goal of the requested guidelines is to
achieve a level of design predictability with regard to architecture, site design and site
amenities, both by the City and the applicant, and to foster a high quality of development on
the site.
Section 78-155(a) of the City’s LDR’s, entitled Composition and intent (of a PCD), states
that the PCD overlay district is intended to encourage the use of architectural and design
features which are aesthetically pleasing and supportive of an enhanced quality of life.
10
Date Prepared: March 31,2004
Meeting Date: April 13,2004
Petition: PCD-99-04
It is staffs opinion that approval of the PCD without the inclusion of design guidelines
in the development order could allow for a variety of contrasting, incoherent
architectural styles and building and site designs to be developed on site. By contrast,
the development proposals for the nearby Legacy Place commercial development and
Parcel 5B to the south, as well as the recently approved Downtown at the Gardens
project, have each demonstrated a unique, unified architectural style within. Due to
the fact that buildings are not being proposed at this stage in the development review
process, it is staffs professional opinion that design guidelines are necessary to ensure
the development on site possesses a unified, coherent architectural style (please note
that staff is not suggesting that the same building forms and elevations be utilized
throughout the site but rather a consistent style).
*:* Landscape buffer along FEC tracks: The applicant is proposing a 15-foot landscape buffer
along the FEC tracks adjacent to Alternate A1A. The City’s LDR’s require a minimum 20-
foot landscape buffer along all railway rights-of-ways that are 100 feet wide or greater (the
FEC right-of-way is 100 feet wide).
*:* Medians within proposed thoroughfares: The applicant is requesting a waiver from the
requirements of the City’s LDR’s to allow for the construction of the nortldsouth
thoroughfare within the site without medians. In is staffs opinion, that medians within this
roadway will provide tremendous visual enhancement thereto. Staff is requesting that
medians be included within the thoroughfares traversing the Property.
*:* List of uses: Staff has asked the applicant to provide a comparison chart depicting those
uses that are permitted or conditionally permitted within the M1 zoning designation, as well
as those uses being proposed for the PCD to allow for a more straightforward review of the
proposed uses by the Planning and Zoning Commission and the City Council. The applicant
refuses to provide said list. This issue is discussed in further detail in the “Uses” section of
this report.
STAFF RECOMMENDATION
Staff is requesting comment and direction from the Commission relating to the subject development
proposal.
11
APPLICANT’S LIST OF PROPOSED USES
October 2, 2003
PARCEL 5A - LIST OF PERMITTED USES
I.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
21. a 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.
Accessory Uses
Animal Kennels and Pet Grooming (Note 27)
Art Gallery and Museum, Public or Private
Auto, RV and Boat Storage, Commercial (Note 59)
Automobile Dealership (Note 9)
Auto Service Station and Minor Repair (Note 11)
Auto Repair, General (Note 8)
AutolTruck Body Repair Shop (Note 28)
Automatic/Self-Service Car Wash
Bakery
BanWFinancial Institution (Note 29)
Banquet Facility (Note 30)
Barber/Beauty Supply and Equipment Sales
Bicycle Sales and Repair
Blueprinting
Boat Repair (Note 31)
Bookstore *
Building Supply, Wholesale
Business, Trade and Vocational Schools
Business Incubator
Churches and Places of Worship (Note 49)
Clinic, Medical or Dental
Cold Storage Facility
College or University, Public or Private
Contractor’s Storage Yard (Note 33)
Data Processing Service (Note 34)
Day Care, Child and Adult (Note 35)
Drugstore or Pharmacy, General *
Drugstore or Pharmacy, Limited *
Dry Cleaning, including pressing, altering & repair (Note 37)
Electronic Repair (Note 38)
Emergency Health Care (Note 39)
Express or Parcel Delivery Office
Farm equipment and sales
Feed store
Florist, wholesale
Food products, wholesale storage & sales
Freight Depot
Funeral Home
Furniture manufacturing, repair and restoration
Grocery store, retail *
Health, Physical Fitness, Weight Reduction, and Spa
Hotel / Motel
Housekeeping and Janitorial Service
interior design, including sales (Note 47)
Laboratory, general
Laboratory, dental or medical
Parcel 5A
List of Permitted Uses
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
60.
61.
62.
63.
64.
65.
66.
67.
68.
69.
70.
71.
72.
73. 0 74.
75.
76.
77.
78.
79.
80.
81.
82.
83.
84.
85.
86.
87.
88.
89.
90.
91.
Laboratory, Industrial Research and Development
Landscape, Nursery, & Garden Supplies
Laundry and/or dry cleaning pickup station *
Laundry, linen supply and cleaning service
Lawn mower sales and repair
Locksmith
Machine Shop
Machinery, tools and construction equipment sales and service
Medical or dental supplies sales
Motion Picture Studio
Motorcycle sales and service
Newsstand *
Office equipment & supplies manufacturer
Office, Medical and Dental
Office, professional and business
Optical, optician, and optometrist office
Orthopedic brace manufacturing and repair
Painting and Decorating Contractor
Passenger Station (Note 61)
Photo studio and processing
Picture framing
Post office (Note 52)
Post office, accessory (Note 53)
Print shop
Public park (Note 55)
Radio/television broadcast studio
Recreational Center, Public
Restaurant, general (Note 19)
Restaurant, Fast Food (with or w/o drive through) (Note 20)
Restaurant, Specialty (Note 21)
Restaurant, Quality (Note 22)
Restaurant, Take Out (Note 23)
Satellite Dishes, accessory (Note 69)
Schools, public and private (Note 54)
Self Service Storage and/or mini-warehouse (Note 44)
Sporting goods manufacturing / wholesale
Studio, Professional and/or instructional
Tailor shop *
Tool manufacturing
Toy manufacturing
Travel agency
Veterinary Office and Clinic (Note 48)
Wholesale and warehousing, general
Wireless Telecommunications Facilities (Note 64)
NOTES:
1. *TOTAL OF ALL COMMERCIAL SUPPORT SERVICES (IDENTIFIED WITH ASTERISK) IS LIMITED TO 42,000
SQ.FT. (INCLUDED IN 840,000 SQ.FT. OVERALL).
EACH INDIVIDUAL PARCEL SUBMITTED FOR SITE PLAN APPROVAL WILL BE REQUIRED TO MEET THE
ADDITIONAL USE STANDARDS AS SET FORTH IN THE LAND DEVELOPMENT REGULATIONS AS NOTED.
2.
CITY OF PALM BEAC
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
DATE: December 1 I, 2000
TO: Ken Blair
Catalfumo Construction & Development, Inc.
694-3000 fax: 691 -5288
FROM: John Lindgren3
City Planner
phone: 799-4243 fax: 799-4281
RE: CONDITIONAL CONCURRENCY CERTIFICATION for:
CON-99-09 Parcel 5A
Attached are the following memoranda granting conditional concurrency certification to
the subject petition as of December 8, 2000:
Memo from Assistant City Engineer Sean C. Donahue, P.E., dated December 8, 2000
Memo from Maria M. Tejera, P.E., dated December 8, 2000
Memo from LBFH dated March 31 , 1999
This certification is contingent upon the applicant satisfying several specific conditions listed
in the aforementioned attached memoranda, AND the issuance of a development order from
City Council. If any of the conditions listed in the aforementioned attached memoranda 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 all of 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 build-out date of December 31, 2005. This build-out date is
referenced in the November 17, 2000, Traffic Impact Analysis - Parcel 5A prepared by
Yvonne Ziel Traffic Consultants, Inc.
If you have any questions, please contact me at 799-4243.
Cc: Sean Donahue, Assistant City Engineer
Steve Cramer, Interim Growth Management Director
Tala1 Benothman, Senior Planner
Via fax - 6 sheets
g/common:shorthn9909.con.cert
hackie
,
‘ prb INC
“Partners lor Results
Value by Cksign”
e 0 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286-3883
Fax: (561) 286-3925
www.1 bfh.com
MEMORANDUM
TO: Tala1 Benothman
FROM:
DATE: February 13,2001
Sean C. Donahue, P.E. @
FILE NO. 99-4053
SUBJECT: Catalfurno-Parcel5A
We have reviewed the traffic concurrency conditions presented in a letter
from the Palm Beach County Traffic Division received on January 27,
2001. According to the letter, the Palm Beach County Traffic Division and
the City’s traffic consultant, MTP Group, Inc. have determined that this
project meets the Traffic Performance Standards of Palm Beach County,
subject to several conditions. The attached conditions need to be included
in the City’s Development Order as Conditions of Approval.
SCDI
cc: Steve Cramer
Karen Craver
n
94 -4053
Department of Engineering
and Public Works
P.O. Box 21 229
West Palm Beach, FL 33416-1229
(561) 684-4000
www.co.palrn-beach.fl.us
Palm Beach County
Board of County
Commissioners
Warren H. Newell. Chairman
Carol A. Roberts, Vice Chair
Karen T. Marcus
Mary McCarty
Burt Aaronson
Tony Masilotti
Addie L. Creene
County Administrator
Robert Weisman
-An Equd Oppormnify
Ajfirmufive Action Employer’
LBFH PALM CITY
January 26,2001 I
Mr. Sean Donahue, P.E.
LBFH, Inc.
3550 S.W. Corporate Parkway
Palm City, FL 34990
RE: PARCELSA
TRAFFIC PERFORMANCE STANDARDS REVIEW
Mr. Donahue:
The Palm Beach County Traffic Division along with MTP Group, the traffic consultant
for the City of Palm Beach Gardens, has reviewed the traffic impact study for the project
entitled Parcel 5A pursuant to the Traffic Performance Standards in Article 15 of the
Palm Beach County Land Development Code. The project is summarized as follows:
Location: North of PGA Blvd., between 1-95 and Alt. A1A
Municipality: Palm Beach Gardens
Proposed Uses: Oficc 240,000 sq. ft.
Industrial 600,000 sq. ft.
Net Trips: 6,195 per day
Build-out: 2005
Based on our review the Traffic Division has determined that the project may meet the
Traffic Performance Standards of Palm Beach County, subject to the following
conditions:
No building permits for more than 795 daily external trips until the widening to 6
lanes of Alt. ALA, from Hood Road to PGA Blvd.
No building permits for more than 3,137 daily external trips until provision of
exclusive northbound dual left-turn lanes and eastbound right-turn lane has
commenced at the intersection of Alt. A1A and Hood Road. Also, Installation of
a traffic signal at this location will be required when warranted, based on traffic
signal warrants that must be conducted annually during the peak season.
Furthermore, this roadway improvement is not an assured construction. Any
approval above the 3,137 trips limit, itfill be contingent on the execution of a
public facilities agreement for the hnding of this roadway improvement.
No building permits for more than 3,644 daily external trips until the PGA
“Flyover” project has commenced.
@ printed on recycled paper
Page 2
n 1.3 building permits for more than 3, I daily external trips unti the linkage
roadway segment between Military Trail &d At. AlA, and the segment
connecting north and south of PGA Boulevard, running under the PGA flyover
west of At. A1A has commenced.
No building permits for more than 4,100 daily external trips until the addition of
an eastbound right-turn lane, westbound right-turn lane, ad northbound right-tun1
lane, has commenced at the intersection of Alt. A1A and RCA Boulevard.
No development order for more than 4,383 daily trips may be issued until the
County adopts a CRALLS for PGA Boulevard, between Alt. A1A and Fairchild
Gardens Boulevard. Also, since the City Center Linkages Plan is not assured
construction, approval above the 4,383 trips limit will also be contingent on the
execution of a public facilities agreement for the funding of the roadway
improvements.
No building permits for more than 4,488 daily external trips until the widening of
Alt. A1A to 6 lanes, from Donald Ross Road to Hood Road, has commenced.
No building permits for more than 4,562 daily external trips until the widening of
Alt. A1A to 6 lanes, from PGA Blvd. to RCA Blvd, has commenced. This
roadway improvement an assured construction. Any approval above the
4,562 trips limit, will be contingent on the execution of a public facilities
agreement for the funding of this roadway improvement.
No building permits for more than 4,948 daily external trips until the addition of
a southbound through lane has commenced at the intersection of Alt. A1A and
Donald Ross Road. This roadway imgrovement is not an assured construction.
Any approval above the 4,948 trips limit, will be contingent on the execution of
a public facilities agreement for the funding of this roadway improvement.
No building permits for more than 4,957 daily external trips until the addition of
one eastbound and one westbound through lanes has commenced at the intersection
of Military Trail and PGA Boulevard, or approval of the CRALLS for this
intersection.
No building permits for more than 6,037 daily external trips until the addition of
one westbound lane on PGA Boulevard, from 1-95 to Military Trail , or approval
of CRALLS for this segment.
No building permits for more than 6,077 daily external trips until the addition of
one westbound lane on PGA Boulevard, between Victoria Gardens to Fairchild
Gardens, or approval of CRALLS for this segment.
Page 3
In addition, the study states that if the project access to Alternate A1A is not constructed,
the applicant will not be required to re-analyze the project without the access. This access
is a key component of the City Center Linkage Plan. The Traffic Division does not agree
with the statement to not require a restudy, and reserves the right to request a restudy of
the traffic conditions should the linkage through Parcel 5A is not permitted..
Finally, for the roadway improvements that are not identified as assured cwstruction, any
approval from Palm Beach COunty will be contingent on the a public facilities agreement
with Palm Beach County for the funding of the roadway improvements in a form
acceptable to the County Engineer. In the event this do not happen within 30 days from
issuance of a development order, this approval shall be null and void. The conditions
should also be included in the development order issued by Palm Beach Gardens.
Please contact me if you have any questions regarding this review.
Sincerely,
OFFICE OF THE COUNTY ENGINEER
Sr. Engineer -
cc. George T. Webb, P.E., County Engineer
Charles R. Walker, P.E., Director - Traffic Division
Dan Weisberg, P.E.. Assistat Director - Traffc Division
Maria M. Tejera, P.E., h4TP Group
Yvonne Ziel, P.E., Yvonne Ziel Traffic Consultants
File: General - TPS - Mun - Traffic Study Review
F:\TRAFFICha\Admipprovals\OO 1003 .wpd
CIVIL
AC R IC U LTU R A L
WATER RESOURCES
WATER &WASTEWATER
TRANS PO RTATl 0 N
SURVEYING & MAPPING
CIS
“Partners for Results
Value by Design”
e 50 S.W. Corporate Pkwy.
Palm City, FL 34990
(561) 286-3883
Fax: (S6l) 286-3925
www. I bfh.com
TO:
FROM:
DATE:
FILE NO.
MEMORANDUM
Tala1 Benothman
Sean C. Donahue, P.E.
December 8,2000 Wv
99-4053
SUBJECT: Catalfumo-Parcel 5A
We have reviewed the Coordinated Review comments prepared by the
City’s traffic consultant and the Palm Beach County Traffic Division
regarding the referenced project received on December 8, 2000. According
to the attached memorandum prepared by MTP Group, Inc., this project
appears to meet the Traffic Performance Standards of Palm Beach County,
with four conditions. As soon as the conditions are adequately addressed,
Palm Beach County will issue a Municipal Approval Letter. Therefore,
Conditional Traffic Concurrency has been established.
Solid Waste, Drainage and Water and Sewer concurrency were previously
established, as stated on our March 3 1, 1999 memorandum (attached).
SCDI
cc: Steve Cramer
P\PROJECTS\PBGMEMO\4053\4053J
12-08-200 1:2APM FROM MTD GROUP INC WPB FL t1 561 795023Q
I.
MTP Group, /ne,
12798 Forest Hlll Boulevard, Suitr 303
West Palm Beach, FL 33414
Phone: 1561) 795-0678 Telefax: (5611 795-0230
MEM 0 RA NDUM
To: Sean C. Donahue, P.E.
LBFH, Inc.
Copy: Masoud Atefi, P.E.
Palm Beach County d&- From: Maria M. Tejera, P.E.
Date: December 8,2000
Subject: Parcel SA
P. 2
~~
The Palm Beach County Traffic Division and MTP Group, Inc. have completed a Coordinated Review of
the revised traffic impact analysis (dated Novembq 17, 2000) for the project entitled Parcel 5A pursuant
to the Traffic Performance Standards O’pS) in Article 15 of the Palm Beach County Land Development
Code, The project is located on the north side of PGA,Boulevard between Alternate AIA and Military
Trail in the City of Palm Beach Gardens. The proposed.deve1opment plan consists of 240,OOO squarefeet
of offices and 600,000 square-feet of industrial uses. The project buildout has been analyzed in the year
2005.
Based on our review, the project appears to meet the Traffic Performance Standards of Palm Beach
County, provided however, it is expressly conditioned and contingent upon:
1. Submission of a complete, corrected version of the original traffic impact study,
addressing all attached ”housekeeping” comments, within two (2) days from receipt of this
demorandurn;
2. Execution of a Public Facilities Agre&ment by the Board of County Commissioners of
Palm Beach County;
3. Inclusion in the Development Order of the phasing and conditions as set forth in the
Public Facilities Agreement; and,
4. Inclusion in the Development Order of any other conditions which may result from the
corrected version of the traffic impact s~dy.
As soon as the issues above have been addressed, Palm Beach County will issue the Municipal Approval
Letter.
It should be noted that the comments above pertain to Palm Beach County Traffic Performance Standards,
the Cify of Palm Beach Gardens may impose additional tr@c conditions in the Development Order to
assure safe, convenient and orderlyjlow of vehicular truflc within tht! City.
~~- - ~ 12-08-200 1 :24PM FROM MT.P GROW INC WPB FL i-1 561 7950230 P. 3
Parcel SA - “Hous,&eeping” Comments
Decembei 8, 2000
The following comments pertain to the Revised Traffic lmpaa Study (dated November 17, 2OOO)
performed by Yvonne Ziel Traffic Consultants, Inc. for the project entitled Parcel SA:
1. Project traffic assignment for Parcel 5B on Alternate AlA south of PGA Boulevard should
present the highest volume on the link between Burns Road and PGA boulevard. The
highest volume on this link is 2,648 daily trips. (Appendix A - Mqjor Projects Table)
2. Background growth and major project traffic calculations have not been included for the
link of RCA Boulevard south of PGA Boulevard. (Appendices A & B)
3. Background growth for the link of Hood Road west of Military Trail is inconsistent with
that calculated in Appendix B. (Table 7)
4. Assignment of project traffic on Alternate A1A south of PGA Boulevard appears to be
inconsistent with that shown in Appendix C. (Tables 9 throush 12)
5. Project traffic assignm.ent for the westbound dirmion on PGA Boulevard east of J-95
appears to be ~COK~C~. (Tables 9 through 12)
6. Driveway assignment presented in Appendix C incorrectly shows 8% project traffic on
Victoria Gardens turning north from’PGA Boulevard. The assignment agreed upon is 4%
while the remaining 4% continue westbound on PGA Boulevard to turn north on Alternate
A1A. (Appendix C)
7. The link of PGA Boulevard between 1-95 and Victoria Gardens Drive needs to be listed
in the body of the report as failing ‘Altemate Test 1.
8: me report indicates site related improvements are considered to be in place at the
intersection of Alt. A1A and Donald Ross Road. There are no site related improvements
pending at this intersection.
9. Traffic assignment for both Golf Digest and Regional Center has been revised at the
intersection of Alt. ALA and Loop Road: Please explain.
(Appendix A - Major Projea Data)
10. Frenchman’s Creek traffic needs to be included u part of major project traffic at the
intersection of PGA Boulevard and Victoria Gardens. There is a 15% project traffic
assignment at the intersection of Alt. A1A and Loop Road which continues through the
intersection of PGA Boulevard and Victoria Gardens.
(Appendix A - Major Project Data)
11. Project traffic at the intersection of Ah. AlA and Hood Road is inconsistent with the
(Appendix 0) assignment presented io Figure 2.
12-08-200 1:25PM FROM MJP GROUP INC WPB FL 4-1 561 7958230 ,. P. 4
Parcel SA
'Housekeeping' Comments
December 8,2000
Page 2 of 2
12. Please provide a copy of turning movement counts at the intersection of Alt. A1A and
Kyoto Drive. Existing northbound traffic turning right into the Regional Center is
missing. (Appendix D)
13. There is a discrepancy between raw traffic volumes and adjusted traffic volumes at the
(Appendin 0) intersection .of Victoria Gardens and PGA Boulevard.
14. Recommended improvements atthe intmection of Hood Road and Alternate A1A should
include northbound dual left turn lanes giveo the projected left turn volume 'of 630
vehiclts during the PM peak hour.
15. The critical movement analysis for existing traffic conditiops at the intersection of Alt.
(Appendix E) A1A and Burns Rd. needs to include the peak seaSon volumess.
16. The critical movement analysis for existing conditions at the intersection of PGA
(Appendix E) boulevard and Alt. AIA is missing.
17. Phasing for improvements at Alt. A1A from Hood Road to PGA Boulevard needs to
(Cuncl w w ns) indicate expansion to a &&-lane c rok-section.
18. Phasing at the intersection of Alt. A1A and Burns Road incorrectly includes a westbound
(Conclusions) through lane. The required improvement is an eastbound through lane.
19. Phasing at the intersection of Alt. A1A and Donald Ross Road incorrectly includes a westbound through lane. The required improvement is a Uuthbou nd through lane.
(Gnclusions)
LAW OFFICES
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
MUSEUM TOWER
150 WEST FLAGLER STREET
MIAMI, FLORIDA 33130 TAMPA OFFICE
SUITE 2200
MIAMI (305) 789-3200 * BROWARD (954) 463-5440
FAX (305) 189-3395
WWW STEARNSWEAVER COM
Januaiy 23,2004
h4r. Charles Wu
Director, Department of Growth Management
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410-4698
Mr. Tala1 Benothman
Division Director, Planner & Zoning
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410-4698
Re: PGA North I1 of Florida, LLC, as owner-applicant of Parcel 5A
Dear Messrs. W u ard Benothman: ’
SUNTRUST FINANCIAL CENTRE
401 EAST JACKSON STREET
TAMPA, FLORIDA 33602
(813)223-4800
FT. LAUDERDALE OFFICE
SUITE. 1900
200 EAST BROWARD BOULEVARD
FORr IAUDERDALE. FLORIDA 33301
(954)462;9500
As you know, my client, PGA North II of Florida, 1,LC (the “Owner-Applicant”) has an
application pending before the City of Palm Beach eardens (the “City”) with respect to a Planned
Community Development (“PCD”) petition concerning the property labeled as Parcel 5A (the “Petition”).
‘Throughout the Petition application process, my client has timely responded to the numerous City
inquiries and requests for additional information. Most recently, the City has advised that certain items
are “holding up” the Petition’s quasi-judicial consideration by the City. As you know, these issues haw
been previously addressed by my client directly with the City in recent months and weeks.
Notwithstanding, below we once again address each of the issues presented by the City and our response
with respect to same:
1. The City has taken the position that design guidelines for the Petition must be submitted
in connection with the subject Petition, as was requested by the City with respect to the
application for the adjacent Parcel B.
Pursuant to the Land Development Regulations of the City (the “LDRs”), the
submission of design guidelines is not, per se, required. Moreover, due to the fact
that the site plan for each parcel located within the subject PCD shall he subject to
specific review and approval hy the City, the submission of design guidelines qt this
point is not ripe, inefficient arid ai1 unneccssary burden and impositiori on the
Uwiier:A.pplicnnl, and an obslruction to the Petition process. 4 fk<
Mr. Charles Wu
Mr. Tala1 Benothman
2. The City has taken the position that the North-South linkage road shall have a minimum
width of eighty (80) feet, independent of the fifteen (1 5)-foot landscape buffers,
consistent with the existing eighty (8O)-foot right-of-way located off of RCA Boulevard.
As the Owner-Applicant has stated to the City on numerous occasions, the North-
South linkage road is not anticipated to be, and was never anticipated to be, a
Secondary (collector) roadway that would warrant an eighty (80)-foot right-of-way.
To the contrary, as the City’s own City Center Linkages Plan expressly indicates,
the North-South linkage has been anticipated by theCity to be a Tertiary roadway
(a local road). Specifically, the City staff report and memorandum accompan;Yinc
Resolution No. 93-2000 (dated October 23,2000), concerning the City Center
Linkages Plan, states as follows:
VI LINKAGES
Vehicular linkages are categorized as Primary (regional arterials),
Secondary (collector roads), and Tertiary (local roads). Primary roads
are to be four lanes. Secondary and Tertiary roads are to be two lanes.
.I*
5%
@ .r
F bt& ’
1’1
Pursuant lo LDR Subsection 78-498(f), Table 40: Minimum Rights-of-way, local
roads are specifically identified as being two lanes and requiring a fifty (50)-foot
minimum right-of-way with curbs, or sixty (60) feet with swale. This City
requirement with respect to local roads is reenforted and reiterated by and through
Section 3 of City Ordinance No. 10-2001, concerning the Legacy Place PCD
Development Order, wherein the City expressly acknowledged and stated that the
standard LDR requirement for widths of Tertiary roadways is fifty (50) feet.
Accordingly, the fifty (50)-foot right-of-way proposed for the North-South linkage
road in the Petition satisfies City requirements as stated in the LDRs, and is wholly
consistent with the letter and intent of City regulations and previously issued
development orders. Thus, the City’s position to require an eighty (80)-foot right-
of-way for said North-South linkage is without merit and has no legal basis.
3. The City has taken the position that roads providing access to all lots on the Parcel 5A
site shall be shown on the Master Plan for the PCD.
As previously advised to the City on numerous occasions, the conceptual
subdivision plan for Parcel 5A on file with the City was submitted for discussion
and informational purposes only, pursuant to a request for same by the staff of the
City Department of Growth Management. Said plan is conceptual and was not,
and is not, to be considered the final subdivision plan for Parcel SA; As previously
advised to the City, the Owner-Applicant’s intention is to ultimately subdivide lots
within Parcel 5A via a metes-and-bounds description, as expressly permitted
pursuant to Section 78-592 of the LDRs. Accordingly, given that the Petition does
not propose to create any individual lots as part of the PCD Petition process, but
STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A.
Mr. Charles Wu
Mr. Tala1 Benothman Egr; 23,2004
rather to address subdivision issues pursuant to Section 78-592 of the LDRs, it is, at
this point, without merit, not ripe, inefficient and an unnecessary burden and
imposition on the Owner-Applicant, and an obstruction to the Petition process for
the City to require that the Owner-Applicant show the roads providing access to all
of the lots (which are at present, as the City recognizes, “conceptual” lots) on the
PCD Master Plan.
4, The City has taken the position that a comparison chart shall be submitted depicting
those uses pemitted within the M-1 zonins district. as well as those uses being proposed
or anticipated within the PCD the subject of the Petition.
As previously advised to the City, many of the uses anticipated for Parcel 5A are
not permitted by right within the M-1 zoning district. However, because the
subject property is being petitioned for a rezoning designation to PCD, the Owner-
Applicant has requested that the City Council itself approve the complete list of
uses permitted on the subject property. Based on the nature of the City’s zoning
approval process and the history of the City’s consideration of zoning applications,
it is plausible that the City will seek to reduce or restrict the number and nature of
allowable uses on the property the subject of the Petition. Thus, the determination
+ of what specific uses shall be permitted within the PCD should be reserved for
* .. consideration by the City Council itself based on consideration of the Owner- .-- ‘d @ Applicant’s complete list of proposed uses for the subject property. Due to the
: large size of the property the subject of the Petition and the scope of development
proposed thereon, the Owner-Applicant does not favor narrowing the list of
permitted on Parcel 5A and finds the concept of being required to submit a table to
the City that indicates which proposed uses are not expressly permitted by right
within the M-1 zoning district to be without merit, inefficient and an unnecessary
burden and imposition on the Owner-Applicant, and an obstruction to the Petition
process.
j
‘“a
We hope, and believe, that the above-stated information will help guide the City to permit the
Petition to proceed to public hearing without further imposition of conditions or delay.
Please contact me‘ at your earliest opportunity to discuss these matters and the City’s response to
same.
Sincerelv vours. * y S. Bartel
STEARNS WEAVER MILLER WEJSSLER ALHADEFF & SITTERSON, P.A.
CONSULTING CIVIL ENGINEERS,
SUIIVEYORS & MAPPERS
WATER & WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIS
“Partners For Results
Value By Design”
50 S.W. Corporate Pkwy.
Palm City, FL 34990
(772) 286-3883
Fax (772) 286-3925
www.lbfh.com
MEMORANDUM
TO: Michael Sanchez
FROM: Judy A. T. Dye
DATE: March 11,2004
FILE NO. 99-4071
SUBJECT: Catalfumo - Parcel 5B
PCD Petition Review
(PCD-03-02)
We have reviewed the north-south linkage road issue and have the following
comments:
1.
2.
3.
The north-south linkage road is considered a collector road by the City and
shall have a width of 80 feet, independent of the 15-foot landscape buffers,
consistent with the requirements of the City’s LDR requirements and consistent
with the existing 80-foot right-of-way off of RCA Boulevard which will
connect to said linkage road.
The intensity of the uses proposed on this parcel and the parcel to the north,
Parcel 5A dictates that this roadway be a Neighborhood Collector road as
outlined in the City’s Comprehensive plan.
a. Neighborhood Collectors - (example Holly Drive) collect and distribute
traffic within a Planned Unit Development or from limited access
subdivisions, will be maintained as low speed, two lane public roads
(unless designated a private road pursuant to a PUD or PCD approval
prior to the construction of the road) suitable for fronting residential
development, institutional, or neighborhood commercial development.
Precedent has been established by the existing 80-foot right-of-way for the
roadway currently serving the Hilda Flack site and the Hampton Inn site to the
south. The 80-foot right-of-way is proposed to extend to the north to serve two
proposed sites, Gardens Station West and Gardens Station East. These sites are
currently under review and have proposed the required 80-foot right-of-way.
\\Pbgsfile\Growth-Management\Planning_and-Zoning\msanchez\Case FilesWarcel SBboad
comments.doc
\
\.,
ZONING. PCD WINCHESTER COURTS
ZONING RM //E APPROVED DRIPCD LANDUSE: RL
\ i
12 a7
e
ISSUE: Traffic light enforcement utilizing cameras (Page 14, Lines 12-1 3)
RESPONSE: On March 29, 2004, the Police Department conducted a comprehensive
study concerning the feasibility of using camera systems at intersections to enforce red
light violations (see attached). Currently, State law does not allow the installation and
use of such equipment. Initial costs are estimated at $9,400 per month for each
intersection.
The Police Department is aware of the issue at the Central Boulevard and PGA
Boulevard intersection and will continue to conduct traffic enforcement as part of the
City’s award-winning Aggressive Driving Project along PGA Boulevard. Numerous red
light violations have been documented in the past month alone. The timing of the light
has also been checked, and it is functioning properly. If the State passes legislation to
allow such devices, the Department will look into finding a funding source, such as a
grant, to help implement such a system. Of note, Chief of Police Stephen Stepp also
advised that the State has found that when this type of camera system is installed, there
is a significant increase in rear-end collisions.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council Members DATE: April 7,2004
FROM: Sheryl L. Stewart, Assistant to the City Manager A U Ronald M. Ferris, City Mana r
Traffic light enforcement utilizing cameras
w THRU:
SUBJECT:
The Police Department recently conducted a comprehensive study concerning the
feasibility of using camera systems at intersections to enforce red light violations. To
summarize, the attached memoranda from Police Chief Stephen Stepp, Major Robert
Artola and Lieutenant Glenn Brown are being provided as an overview of the
department’s thorough research and analysis.
Currently, State law does not allow the installation and use of such equipment. Initial
costs are estimated at $9,400 per month for each intersection. Further, no other city or
county in Florida has implemented this system yet. Therefore, staff recommends that we
continue to monitor this issue, and if the State passes legislation to allow it we will
pursue finding a hnding source such as a grant to help implement such a system.
Should you have questions, need hrther information or desire a copy of the Police
Department’s complete report please advise.
Attachment
cc: Stephen Stepp, Police Chief
E CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: City Manager Ron Ferris DATE: March 29,2004
FROM: Chief Stephen J. Stepp %
SUBJECT: Red Light Photo Enforcement
The issue of the feasibility of using camera systems at intersections to enforce red light
violations has been raised recently by several sources. The Police Department’s
Strategic Plan contains the item for hture study and possible implementation. Mayor
Jablin received a letter indicating that the Boca Raton City Council recently adopted a
resolution in support of legislation that would authorize the installation and utilization of
traffic infraction devices at intersections throughout the State.
This booklet provides comprehensive information regarding this issue. I have included a
variety of resource material as well as memos from Major Robert Artola and Lt. Glenn
Brown of this Department, both of whom are well versed in traffic issues and
enforcement met hods.
The following are some considerations for fbture discussion:
public perception
cost factors
support of State legislation
registered owner presumption of guilt
constitutional issues
City ordinance v State statute
due process
privacy rights
system type
vendor fees
yellow light timing and rear end collisions
compatibility with County and State Dept. of Transportation
As always, I am available for any follow up or questions you may have.
SJS/amm
PALM BEACH GARDENS POLICE DEPARTMENT
UNIFORM OPERATIONS BUREAU“’.
INTEROFFICE MEMORANDUM
TO: CHIEF STEPHEN J. STEPP
FROM: MNOR ROBERT ARTOL&
DATE: MARCH 23,2004
SUBJECT: TRAFFIC SIGNAL ENFORCEMENT UTILIZING CAMERAS
Per your direction, the feasibility of utilizing intersection-mounted video cameras to enforce red
light violations was researched. The following are the findings and my recommendations:
The City of Boca Raton is the only city in Palm Beach County that utilizes cameras at
intersections. However, these cameras are only utilized to monitor traffic and not to enforce
traffic violations. The City of Boca Raton did pass a resolution supporting legislation
relating to traffic control devices and permitting the installation and use of traffic infraction
detection at intersections.
o Our City Council could entertain joining the City of Boca Raton in the venture by passing
the same resolution. Supporting this legislation could provide a stronger posture of the
need for innovative traffic enforcement.
Under current law, citations could not be issued to violators unless witnessed by an
enforcement officer.
o The City could establish an ordinance allowing the issuance of a citation for red light
violations. The violation would be issued to the registered owner who would have the
opportunity to provide evidence that they were not driving the vehicle.
The cost to outfit an entire intersection is $9,400 per month based on a five-year contract.
Nestor, Inc. provides a turnkey operation which includes equipment, installation, monitoring,
citation processing and fine collections.
o Utilizing a $50.00 frne for each occurrence, 188 citations would have to be successhlly
processed at each intersection to cover the monthly fee.
o Alternative fhding or partnering with Palm Beach County when legislation is passed are
avenues to explore.
o Nestor, Inc. is looking for two or more agencies in Florida to initiate the use of camera
enforcement systems under the Florida Constitution’s “Home Rule” and are willing to
negotiate the price per intersection in order for them to obtain our participation.
0 Nestor, Inc. provides a collision avoidance feature:
o This feature predicts when a vehicle is going to run the red light and delays the green
signal for opposing traffic in order to avoid a crash Since this feature works with the
traffic signals, Palm Beach County and the Florida Department of Transportation would
have to authorize the collision avoidance feature.
While the use of cameras to enforce traffic violations could help reduce crashes at intersections,
several legal and privacy issues have to be addressed through legislation in order to issue traffic
citations. Under the Florida Constitution’s “Home Rule,” a City Ordinance could be passed
allowing the City to enforce and collect fines.
Since Goal 5, Objective 5.6 of our Strategic Plan requires this study to be conducted by FY2008,
due to cost, additional personnel required to monitor the system, and legal issues, I recommend
that this project be revisited in future years.
I have included the following for your review and direction:
1. Crossing Guard video tape kom Nestor, Inc. demonstrating their systems.
2. A miniature disk providing additional information on Nestor, Inc.’s systems.
3. Memorandum fiom Lieutenant Brown.
4. A copy of the City of Boca Raton’s Resolution.
5. A draft ordinance.
6. IACP Research Documents 570195 and 568961
7. Articles on National Campaign to Stop Red Light Running (2)
8. Informational package kom Nestor, Inc.
cc: Captain Facchine
Lieutenant Brown
2
b I; l PALM BEACH GARDENS POLICE DEPARTMENT
MEMORANDUM
-.,
TO: Major Robert Artola
Capt. Richard Facchine
FROM: Lt. Glenn Brown
DATE: March 23,2004
SUBJECT: Video Camera systems for red light enforcement
Sirs,
I spoke to Mr. Doug Hess, engineer for the City of Boca Raton, regarding their use
of video cameras at some of their intersections. Mr. Hess advises that the cameras
are used to monitor traffic flow only, and are not capable of being used for
enforcement purposes.
I reviewed the CD-ROM presentation from Nestor Traffic Systems which describes
their “CrossingGuard” video-based automated red-light enforcement system. This
system uses multiple angles and cameras at an intersection to provide video
evidence and can be adapted to also photograph the driver if the law requires it. The
system is non-evasive -no sensors to bury in the roadway - and provides for
continuous remote monitoring. It also includes a collision avoidance safety feature
that predicts when a vehicle will violate the traffic signal, and delays the green signal
for opposing traffic. This is an excellent feature that would greatly reduce our
crashes at intersections.
Their presentation indicates that red-light violations and traffic crashes have been
greatly reduced in areas that have utilized their system -some reduction as high has
75%.
Nestor, Inc. provides a turnkey operation and includes site analysis, installation
of equipment, citation processing and fine collections, and will customize their
service plan to meet the needs of the city. Attached is some data including a list of
cities in the united States that currently use the system. Also attached is the CD-
ROM that provides the presentation for their system.
I inquired to the Florida Department of Transportation regarding the use of such a
system, and they advised me that they know of no County or municipal agencies that
utilize a camera system for enforcement.
On Thursday, March 18,2004 I spoke to Deborah Walker, Director of East Coast
les, Nestor Traffic Systems, Inc. regarding their system. She advised that an
ximate cost for the system would be $9,400.00 per month for each intersection
cided to install the system in. That figure is based on a five-year contract and
--,
Ms. Walker also informed me that her company is looking for two or more
agencies in Florida to initiate the use of camera enforcement systems under the
Florida Constitution’s “Home Rule”. She faxed a proposed City Ordinance providing
for local video enforcement of traffic signals. I also received a video and additional
information about Nestor Traffic Systems.
Under current State Law, we can not use cameras for enforcement of red-light
violations. Violations must be witnessed by a Traffic Enforcement Officer, and a
citation issued to the DRIVER. Under the proposed Ordinance, a citation for a red-
light violation would be issued to the registered owner of the vehicle. The proposed
Ordinance is attached.
In my opinion, the cost of this system is prohibitive. We could not use State
Statutes to prosecute this, so we would need to have a City Ordinance in place. In
order to generate enough income to pay for the service contract, we would need to
successfully process 188 citations per intersection each month using a fine of
$50.00. We would also have to have a Police officer available to monitor the system
and review the violations before forwarding them to Nestor Traffic Systems. An
additional expense would be required court appearances by the monitoring officer.
*
ISSUE: PGA WideningANalls (MPO meeting) (Page 15, Line 2)
Mirasol Publix - PGA Boulevard widening (Page 16, Line2)
RESPONSE:
Short-Term Improvements: The Mirasol project has a development order requirement
to widen PGA Boulevard to six lanes in the vicinity of the Publix shopping center and to
four lanes from Avenue of the Champions to Ryder Cup. The plans are currently being
reviewed by the Florida Department of Transportation (FDOT). This is the third time
FDOT has reviewed the plans. FDOT requested and received significant design
changes, including moving the proposed new four-lane PGA Boulevard to the northern
most edge of the existing right-of-way. Mirasol Walk has a condition in its development
order that limits the amount of square footage that can be permitted until the
construction of the widening is contracted. Mirasol Walk has permits for approximately
50 percent of its allowable square footage under the condition (Condition 17 of
Resolution 168, 2003).
Long-Term Improvements: The current plan from the Metropolitan Planning
Organization (MPO) calls for PGA Boulevard from Avenue of the Champions to Ryder
Cup to remain a four lane road but be designated a Constrained Roadway at a Lower
Level of Service (CRALLS) by the County. Additionally, by the year 2025, the rest of
PGA Boulevard from Ryder Cup to the Beeline Highway will also need to be widened to
four lanes and obtain a CRALLS designation.
Because of the need for a CRALLS designation, some members of the MPO feel that
PGA Boulevard should be widened to six lanes. On December 16, 2004, the City
requested and received approval from the MPO to keep PGA Boulevard a four lane
roadway with a CRALLS from Avenue of the Champions to Beeline Highway. The issue
is on the MPO agenda for further discussion on April 21, 2005. Any interested persons
should attend the MPO meeting and voice their concerns about widening the road.
Attached are the following:
0 Resolution 118, 1999 supporting a four-lane cross section of PGA Boulevard
west of Avenue of the Champions and urging the FDOT, the MPO, and Palm
Beach County to depict this segment of PGA Boulevard as such on all
transportation or thoroughfare plans and traffic models.
0 Minutes of the MPO meeting on December 16,2004.
0 Agenda for the April 21, 2005, MPO meeting.
TOWN HALL MEETING
MARCH 31,2005
September 23, 1999
RESOLUTION 118,1999
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
PGA BOULEVARD WEST OF AVENUE OF THE CHAMPIONS AND URGING
THE FLORIDA DEPARTMENT OF TRANSPORTATION, METROPOLITAN
PLANNING ORGANIZATION OF PALM BEACH COUNTY AND PALM
BEACH COUNTY ENGINEERING TO DEPICT THIS SEGMENT OF PGA
BOULEVARD AS MAXIMUM FOUR LANES ON ALL TRANSPORTATION
OR THOROUGHFARE PLANS AND TRAFFIC MODELS; AND PROVIDING
AN EFFECTIVE DATE.
GARDENS, FLORIDA, SUPPORTING A FOUR-LANE CROSS-SECTION OF
WHEREAS, the City of Palm Beach Gardens acknowledges the need to balance land use
compatibilities and transportation needs;
WHEREAS, the City has identified a future incompatibility in the potential six-laning of
PGA Boulevard with existing residential uses;
WHEREAS, the City acknowledges that a modified north county traffic study demonstrates
only a need for four lanes on PGA Boulevard west of Avenue of the Champions;
WHEREAS, the City desires a lower level of service on this segment of PGA Boulevard
versus widening of the roadway beyond four lanes; and
WI-IEREAS, the City believes that state and county plans should be modified to reflect a
four-lane cross-section for this segment of PGA Boulevard.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach Gardens urges the Florida
Department of Transportation, Metropolitan Planning Organization of Palm Beach County and Palm
Beach County Engineering to depict PGA Boulevard west of Avenue of the champions as
maximum four lanes on all transportation or thoroughfare plans and traffic models.
Section 2. The City Council directs the City Clerk to forward this Resolution to the Florida
Department of Transportation, Metropolitan Planning Organization, and Palm Beach County.
Section l, This Resolution shall be effective upon adoption.
I
Resolution 1 18, 1999
Page 2
ATTEST: APPROVED AS TO FORM AND
LEGAL SUFF IENCY
CITY ATTORNEY
BY:
VOTE: AYE NAY ABSENT
L COUNCILMEMBER RUSSO -
COUNCILMEMBER FURTADO
COUNCILMEMBER JABLIN
COUNCILMEMBER CLARK
v
c - -
COUNCILMEMBER SABATELLO - -
MINUTES OF THE
PALM BEACH
METROPOLITAN PLANNING ORGANIZATION MEETING
December 16,2004
Palm Beach County Governmental Center
McEaddy Conference Room - 12'h Floor
301 North Olive Avenue
West Palm Beach, Florida
AGENDA:
I.
II.
111.
1V.
V.
CALL TO ORDER
A. Roll Call
B. Prayer
C. Pledge of Allegiance
ADOPTION OF AGENDA
APPROVAL OF CONSENT AGENDA
A.
B.
C.
D.
Minutes of October 21 , 2004 MPO Meeting
Bicycle, Greenways, Pedestrians Advisory Committee
Appointment
FY 05-09 Transportation Improvement Prooram Amendments
Florida MPO Advisory Council Appointments
OLD BUSINESS
A. 2030 Transportation Plan Update
I. Presentation
2. Continuation of Public Hearing
3. Plan Adoption - Resolution MPO 10-04
NEW BUSINESS
A.
6. Enhanced Bus Service Funding
C.
FY 06-1 0 Tentative Work Program
Congestion Mitigation Project Selection Process
Paae 2
a VI.
Vll.
VIII.
IX.
SECRETARY'S REPORT
A. Correspondence
B.
C. Other
Next Meeting - THURSDAY - JANUARY 20,2005
OPPORTUNITY FOR CITIZENS TO SPEAK ON
TRANSPORTATION MATTERS
RECOMMENDATlONS/COMMENTS BY MEMBERS
ADJOURNMENT
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16,2004 Pane 3
Name /Representing Jan Feb Mar Apr May Jun Jul Aug Sep
Board of County Commissioners
Board of County Commissioners
Warren Newell P P E P P P P MN
Board of County Commissioners
Board of County Commissioners
Board of County Commissioners
Steven E. Wilson, Mayor E P P P A Alt E T L
Ci of Belle Glade
Ci of Boca Raton
Ci of Boca Raton
City of Boynton Beach
Ci of Delray Beach
Town of Jupiter
Retha Lowe, Commissioner" AA P E "P P P MN
City of Lake Worth
City of Palm Beach Gardens
Ci of Riviera Beach
Ci of West Palm Beach
Port of Palm Beach
Ci of West Palm Beach
Village of Wellington
Carmela Starace, Councilperson'"
Karen T. Marcus E P P E E E P N C
Burt Aaronson" (Vice Chair) P P Alt. P P E P OA
Tony Masilotti P P Alt. E P E AE C
Jeff l(oons* Chair P P P P P P P E E
~~
Dave Freudenberg, Councilperson P P P P P P P I L
Susan Haynie, Councilperson P P P P P P P N E
Jerry Taylor, Mayor P P P P P P P G D
Patricia Archer, Commissioner P P P P P P P N C
Jim Kuretski, Councilor P E P P P Alt P OA
Eric Jablin, Mayor" P P P P P P "P E C
Michael Brown, Mayor A P Alt. P E P P E E
Jim Exline, Commissioner" A AIL Alt. Alt. A Alt Alt T L
Blair Cidin, Commissioner E P P P P P Alt I L
William Moss, Commissioner P P P P P P P N E
Thomas Wenham, Mayor" G D
N C , Village of Royal Palm Beach
2004 CHAIR ** 2004 VICE-CHAIR - New Appointment
Metropolitan Planning Organization
Attendance Record - 2004
Oct Nov Dec
PN P
EO P
PMP
A EE
PE P
P PT
P P
PN P
PG P
PN P
PO P
PMP
PE P
PE A
**P T A
PI P
P -N P
"P G P
"E N Alt
E - Excused A - Absent P - Member Present ALT- Alternate Member Present
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16,2004 Page 5
0 OTHERS PRESENT
INDIVIDUAL’S NAME REPRESENTING
Fred Stubbs
George Webb
Dr. Schuyler C. Metlis, M.D.
Karl Peterson
Kent Rice
Eleanor Schweitzer
Jack Hughes
Paul Auerback
Mkhael DeRosa
Gus Schmidt
Stacy Miller
Houston L. Tate
Laurie S. Cohen
Joy Puerta
Nancy Ziegler
Dan Glickman
Marsha T. McCoy
Dr. Scot Leftwich
Angela Morlok
Elizabeth Requeny
Randy Whitfield
Palm Tran
Palm Beach County
PGA Property Owners Association
Carter/Burgess
Turnpike Enterprise
Self
PGA National
FDOT- District IV
FDOT- District IV
FDOT- District IV
City of Belle Glade
Village of Wellington
City of Boca Raton
FDOT- District IV
Deerfield Beach
Leftwich Consulting Engineers
Leftwich Consulting Engineers
Metropolitan Planning Organization
Metropolitan Planning Organization
Metropolitan Planning Organization
1. CALL TO ORDER
The meeting was called to order by CHAIR KOONS at 9:03A.M.
A. Roll Call
The Recording Secretary called the roll. A quorum was present as depicted on Page 3 of
these Minutes.
B. Prayer
COUNCILPERSON FREUDENBERG led those present in prayer.
C. Pledge of Allegiance
The Pledge of Allegiance to the Flag was recited by those in attendance.
II. ADOPTION OF AGENDA
METROPOLITAN PLANNING ORGANIZATION, DECE,MBER 16,2004 Pane 6
CHAIR KOONS inquired if there were any additions, deletions or changes to the Agenda.
A motion was made by MAYOR JABLIN to adopt the Agenda; seconded by
COMMISSIONER MOSS. The motion carried unanimously.
Ill. CONSENT AGENDA
A. Approval of Minutes of the October 21 , 2004 MPO Meeting
CHAIR KOONS inquired if there were any other changes, deletions, or additions to the
Consent Agenda. There were none.
A motion was made by COMMISSIONER MOSS to approve the Consent Agenda;
seconded by COUNCILMEMBER HAYNIE. The motion carried unanimously.
CHAIR KOONS informed the Board that COUNCILMEMBER HAYNIE is doing a great job
as Vice-Chair for the Florida MPO Advisory Council.
IV. OLD BUSINESS
A. 2030 Transportation Plan Update
1. Presentation
MR. WHITFIELD stated that at the last meeting, the MPO staff and its consultant
presented the 2030 Cost Feasible Transportation System Plan for Palm Beach County.
The Plan presented consisted of elements for highways, transit, bicycles and pedestrians.
Estimated costs and projected revenues were balanced. Air quality emissions for 2030
were less than the allowable levels in the approved State Implementation Plan. The
committee provided comments to the consultant and recommended the Plan for public
consideration.
The Plan also includes interim years to be used for project phasing and air quality
analysis. The required interim years include 2005,201 5 and 2025. Listings of projectsfor
each interim year and a map depicting the phasing were included in the mailed meeting
packet. Each phase is cost feasible. qlso included was a report on the air quality
emissions projections which indicates the Plan meets the allowable levels for the interim
years and conforms to the applicable air quality standards.
MR. WHTIFIELD said the 2030 Plan with the interim years and the Air Quality Conformity
Determination Report is available for continued public discussion. The Board is charged
with determining if the Plan is in conformity and adopting the 2030 Plan. The adopted Plan
will be transmitted to Florida Department of Transportation (FDOT) for review and
recommendation to United States Department of Transportation (USDOT) agencies and
United States Environmental Protection Agency (USEPA).
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16,2004 Pacle 7
The TAC and CAC have reviewed the plans and air quality report and recommend
adoption.
DR. LEFTWICH explained the 2030 Cost Feasible Plan has been broken down to three
interim plans. Each interim plan shows funding available for that time period. Working
with the MPO staff and MR. WEBB, they made sure that all projects in progress are in the
Plan. He distributed a newsletter containing all pertinent information. DR. LEFTWICH also
mentioned the entire Plan meets all the criteria for air quality.
DR. LEFTWICH said the newest information not available in the handouts, is on the single
point urban interchange because some MPO Board members had asked them for the
definition of a single point urban interchange and how it functions. He distributed
diagrams on the subject and explained it is basically a diamond interchange where there
are two signals and they are moved into one. Their main purpose is to save on land use.
COMMISSIONER MARCUS arrived at 9:10 A.M.
MR. WHITFIELD added that looking at it from the ground there is a tighter configuration
than what the illustrations show since they have been expanded for visual purposes. He
said these are going in along Southern Boulevard/State Road 80 where it’s being
constructed with the ramps up against the roadway itself.
DR. LEFTWICH mentioned that interchange studies are usually done before an
interchange change or new installation.
COMMISSIONER MARCUS asked about the improvements in the Plan to accommodate a
development that has not been approved and questioned if the overpass at PGA
Boulevard and Beeline had been removed. DR. LEFTWICH stated the overpass had been
removed completely. She then referred to a section of PGA Boulevard between Beeline
Highway and the Turnpike and mentioned the analysis stated six lanes are not required if
unapproved development is not added, four lanes would suffice. COMMISSIONER
MARCUS mentioned she and MR. WEBB had discussed the subject the day before.
COMMISSIONER EXLINE arrived at 9:15 A.M.
COMMISSIONER MARCUS requested that the PGA Boulevard section from the Turnpike
to Beeline Highway reflect the need for four lanes and not six. MR. WEBB said traffic is
added to PGA Boulevard from the main entrance (Avenue of the Champions) and goes
east. MR. WEBB stated this is assuming the current land use, and not the proposed land
use for the entire 4700 acres of the Vavrus property.
COMMISSIONER AARONSON arrived at 9:16 A.M.
MR. WHITFIELD reiterated COMMISSIONER MARCUS’ request for the Plan to show PGA
Boulevard as four lanes from Avenue of the Champions west to Beeline Highway with the
assumption that the Vavrus project stays at 1/10.
METROPOLITAN PLANNING ORGANIZATION. DECEMBER 16,2004 Pane 8
COh/lMISSIONER NEWELL asked MR. WEBB if there was a CRALLS for the section in
question. MR. WEBB believed there was.
A discussion ensued.
COMMISSIONER NEWELL voiced his concern about poor planning for future road use.
He also said PGA Boulevard originally was slated for six lanes.
COUNCILMEMBER KURETSKI supported COMMISSIONER MARCUS’ request and
voiced his concern about planning for projects that have not been approved.
COMMISSIONER MARCUS stated that years ago the MPO worked with the City of Palm
Beach Gardens and the Department of Transportation in deciding to keep PGA Boulevard
at a maximum of four lanes since the traffic models at build out, did not require more lanes.
She said the residents have relied on this information all along.
A discussion ensued.
COMMISSIONER NEWELL reiterated that as a planning organization the MPO should
plan for future growth and rights of way and what is being done is not good planning.
COUNCILMEMBER KURETSKI reminded the Board that several months back, they had a
discussion about the Board getting involved in land use to enable it to make better
planning decisions.
CHAIR KOONS discussed the South Florida Water Management District‘s water easement
and asked that the MPO be intimately involved in the flow-way being designed in the area.
MR. WHITFIELD said they have met with the Water Management District to discuss the
project and he has asked them for information concerning the elevation they will need on
the roadway, but has not heard back from them.
A discussion ensued.
COMMISSIONER NEWELL again stated his objection to four lanes and said it was poor
planning.
2. Continuation of Public Hearing
A motion was made by COMMISSIONER MARCUS to receive and file the proof of
publication for the public hearing; seconded by COUNCILMEMBER HAYNIE. The
motion carried unanimously.
DR. SCHUYLES C. METLIS, M.D. voiced the PGA Property Owners Association’s
objections to widening the road south of its current alignment now or in the future.
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16,2004 Paae 9
ELEANOR SCHWEITZER spoke in opposition to widening of PGA Boulevard to six lanes.
PAUL AUERBACH of the PGA Residents Coalition questioned the need for six lanes on
PGA Boulevard and the timing of this item since a Scripps site has not been officially
decided.
0
JACK HUGHES of the PGA - Burwick HOA stated they are adamantly opposed to
widening PGA Boulevard to six lanes from the PGA main entrance to C-I 8 Canal, saying
the width is not needed.
MAYOR WILSON arrived at 9:35 A.M.
They returned to further comments/discussion by the Board.
COMMISSIONER MARCUS was informed by MR. WEBB that the DRI for Scripps and the
2030 Plan used two different types of modeling. MR. WHITFIELD said the Plan shows
four lanes will operate at about 1.1 to 1.2 V/C; which is a comfortable range and slightly
over capacity.
COUNCILMEMBER HAYNIE asked if the County’s Comprehensive Plan showed PGA
Boulevard constrained to four lanes or was it based on agreements with developers.
CHAIR KOONS answered that the Comprehensive Plan has it constrained at four lanes.
MAYOR JABLlN reiterated his support for COMMISSIONER MARCUS’ recommendation to
keep PGA Boulevard to a maximum of four lanes.
A discussion ensued.
Upon clarification of some points, COMMISSIONER AARONSON stated he was in favor of
four lanes.
MAYOR TAYLOR expressed his concern that the County should be planning for what
might happen rather than what may not occur.
MR. WHITFIELD stated the reserved right-of-way will remain.
COUNCILMEMBER KURETSKI stated for the record that he would not support a road
which is not needed and wanted to know what percentage of roads will still be over
capacity in 2030. MR. WHITFIELD said it will be between twenty-one and twenty-seven
percent of the roadways. COMMISSIONER AARONSON said the roads would not be over
capacity if the level of service is changed.
COMMISSIONER LOWE arrived at 9:44 A.M.
3. Plan Adoption - Resolution MPO 10-04 a
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16,2004 Paae 10
A motion was made by COMMISSIONER ARCHER to determine the 2030 Cost
Feasible Transportation Plan in conformity with applicable air quality standards and
adopt Resolution 10-04; seconded by MAYOR JABLIN and several other Board
members.
0
A discussion ensued.
COMMISSIONER NEWELL stated for the record that he believed all this had something to
do with Scripps trying to control the situation and wanted to make sure he understoodwhat
was stated because he thought there was something else going on that was not being
discussed.
A substitute motion was made by COMMISSIONER NEWELL to approve the Plan with
six lanes; seconded by MAYOR TAYLOR and a couple of other members. The
motion did not carry.
The Board returned to the original motion.
MAYOR JABLIN restated he would not support Vavrus in any way, shape or form other
than one to ten, one to twenty.
The original motion was restated by MR. WHITFIELD.
The motion carried unanimously.
COMMISSIONER NEWELL mentioned an agreement between the League of Cities and
the County to not reduce roadways, capacities, or designs on any road that has been
worked on in the past two years. He said this does fall into one of the roadways agreed
upon by the League of Cities not to reduce.
V. NEW BUSINESS
A. FY 06-10 Tentative Work Program
MR. WHITFIELD reminded the Board that at the October meeting, the MPO adopted its
project priorities for FY 06-10 and transmitted these priorities to FDOT. Taking these
priorities into consideration, the Department has prepared their FY 06-1 0 Tentative Work
Program. The program contains all projects using federal or state transportation funds in
Palm Beach County.
The meeting packets contained copies of the District Tentative Work Program and the
separate Turnpike Work Program. The documents identify the projects, provide
descriptions of the work and list the funding by phases and years. They also contained a
status of key projects which summarizes the schedule for the MPO priorities and other
projects and also lists the projects on the Strategic lntermodal System (SIS). A list of the
enhancement projects and their status was also included. The projects prioritized by the
0
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16,2004 Paae 11
MPO are being funded. a
MR. WHITFIELD announced FDOT would hold a public hearing on the Draft Tentative
Work Program on Thursday, December 16, at 1 :30 PM in the 1 1 th Floor Conference Room
at the County Government Center. Comments could also be submitted in writing at the
hearing or later.
STACY MILLER from FDOT informed the Board they had already met with the Technical
Advisory Committee to review the draft documents. It had also been presented to the
Citizens Advisory Committee. MS. MILLER informed the Board that after the public
hearing, the Plan would be combined with the other plans within District IV and other
districts within the State. It is then sent to the Governor's office and the Legislature. From
there it goes to statewide public hearings and eventually is adopted in July of 2005. This
Plan would then become the Adopted Work Program.
MS. MILLER stated the listing represented the MPO priorities and the changes between
the current Adopted Work Program and the Draft Work Program. She went on to highlight
the additional changes in the program.
Project #I6 for SR-S/lJS-I @20" Street in Boca Ration has been added to the Program.
Additional funding has been added to the Palm Beach County JPA Signal Maintenance &
OPS and the Northern Expansion of the SFRC Double Track.
MS. MILLER said the Strategic lntermodal System (SIS) Projects list is a new section that
has never been denoted before. She noted that several MPO priorities are part of the SIS.
Partial right-of-way funding amounting to approximately $9 million has been added to the
SR-71 O/Beeline Hwy from west of Congress Avenue to west of Australian Avenue project
in 2009/2010.
Full funding (an additional $1 8 million) for right-of-way is now in the Five Year Tentative
Work Program for SR-71 O/Beeline Hwy from west of Australian Avenue to Dixie Hwy.
CHAIR KOONS questioned whether new money was added from the central office to fund
SIS Projects specifically because they are SIS projects and are MPO priorities. MS.
MILLER stated that was not the case for SR-71O/Beeline Highway, but new funding was
allocated for other projects on the SIS list because they are part of the Strategic lntermodal
System. CHAIR KOONS asked MS. MILLER to identify and explain where new funding
was added. He was concerned funding would be shifted from one project to another and
no new monies actually added to the system.
MS. MILLER explained that money being provided to the County has not changed.
Federal and State new funding is now distributed using a different equation. The funds
were previously distributed 50% to the Florida Intrastate Highway System (FIHS) and 50%
to the other arterials or projects of regional significance. Those funds are now shifting to a
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16,2004 Paae 12
25%/75% allocation over several years. MS. MILLER added they have not made it to the
full 25%/75% within this draft Tentative Work Program period. The 25%U5% does not just
include the FIHS, it is now part of the SIS which includes much more than just highways. It
includes ports, airports, seaports and a variety of other areas that will be focused on in the
future. MS. MILLER reiterated that it did not change the allocations for Palm Beach
County's federal dollars.
COMMISSIONER MOSS asked if the MPO was going to do anythihg to improve
connectivity with the light rail system. MR. WHITFIELD said the extension of Tri-Rail north
along the FEC tracks falls under the Strategic Intermodal System, thus having the potential
of attracting some of the funding with the shift in FDOT's investment policy. CHAIR
KOONS added that in January an intermodal study would be underway for 30 acres in
downtown West Palm Beach.
A discussion ensued.
MR. WHITFIELD stated the Port has recently completed a new Master Plan and will have
them make a presentation to the MPO Board in early 2005. CHAIR KOONS said they will
also have a tie-in on what is going on SR-710 at the same meeting.
MS. MILLER continued, stating that the majority of work on 1-95 is on schedule and will be
maintained as in the original Adopted Work Program. Construction has been added in
years 200712008 to take 1-95 from south of Donald Ross Road to south of lndiantown Road
from six lanes to ten lanes. A PD&E Study was added in years 2010/2011 to take the
section from lndiantown Road to the County line from six lanes to eight. She added this
was out of the Five Year Work Program but was part of the Ten Year Interstate Program.
A project for the Port of Palm Beach was also added which the Port will be doing in
cooperation with FDOT, the capital cost will be added in year 2005/2006 through
2007/2008.
MS. MILLER pointed out there are 68 resurfacing projects which equal 1 129.95 lane miles
in the five year plan. Five enhancement projects have also been funded at approximately
$5.6 million.
CHAIR KOONS mentioned the Turnpike would make their presentation in early 2005.
A discussion ensued.
COUNCILMEMBER KURETSKI asked for coordination with the County on the 1-95 section
from Donald Ross Road to Jndiantown Road since they plan an interchange modification
and a study is in progress. MR. SCHMIDT said they would take that into consideration.
MR. WEBB stated an Interchange Modification Study Report is in progress at the moment
for both Jupiter and Palm Beach County to look at various alternatives. They are primarily
focusing on the northeast and southeast quadrants of the interchange at 1-95 and
lndiantown Road. They are anticipating going forward in the spring with some alternatives.
He said any recommendations coming out of the study could easily be incorporated with
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16.2004 Paae 13
FDOT and not be a problem. 0
A motion was made by COMMISSIONER MARCUS to support the draft FY 06-10
Tentative Work Program for Palm Beach County for the District; seconded by
COUNCILMEMBER HAYNIE. The motion carried unanimously.
MR. WHITFIELD went on to the Turnpike Enterprise Five Year Work Program. KENT
RICE of the Turnpike was on hand to give an overview of the program and answer any
questions. He stated there were only a few projects in the program and the MPO was not
funding any of the projects. MR. RICE said the first major project is widening from Atlantic
Avenue to the Lantana Toll Plaza. The next section is north to Lake Worth, and is
scheduled for construction in 2009. The third section is from Lake Worth to Okeechobee
Boulevard with the right-of-way scheduled for 2009 and construction following
approximately two years later.
MR. RICE explained the other major portions of projects are interchanges. At the moment
Jog Road is under construction, and a partial interchange for SR-710 will be under
construction in 2005. The Lake Worth Road interchange modification is a new project on
the list.
COUNCILMEMBER KURETSKI questioned what had happened to the slip ramps being
considered between the Turnpike and 1-95 in the lndiantown Road area. He was under the
impression when it was discussed a few years ago that these were a certainty. MR. RICE
said he believes they did look at a couple of interchange locations in the area but this has
not moved forward. MR. WHITFIELD mentioned the Turnpike Enterprise is in the process
of compiling a Strategic Plan of the entire turnpike throughout Palm Beach County and will
be making a presentation in January of 2005.
0
COMMISSIONER MARCUS mentioned the problems occurring near the PGA Boulevard
exit with traffic backing up for two miles. MR. RICE said the toll plaza is working fine at
this time but the problem is with the ramp. They are looking at adding another lane to the
off ramp to alleviate the traffic. COMMISSIONER MARCUS requested it be added to the
Five Year Program. MR. WHITFIELD said the MPO would ask the Turnpike Enterprise to
add it to their Five Year Program when they make their presentation in January.
A discussion ensued.
A motion was made by COMMISSIONER MARCUS to support the draft FY 06-10
Tentative Work Program for Palm Beach County for the Turnpike Enterprise;
seconded by COUNCILMEMBER HAYNIE. The motion carried unanimously.
B. Enhanced Bus Service Funding
MR. WHITFIELD explained that the South Florida Regional Transportation Authority (RTA)
is scheduled to compiete the double tracking project along the South Florida Rail Corridor.
With the completion, commuter rail service will increase with trains running on 20 minute
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16.2004 Paae 14
headways. Due to increased service frequency, additional feeder bus service is needed.
In Palm Beach County, feeder bus services are provided by Palm Tran as part of their
overall service.
FDOT sponsored a study of the service needs to complement the increased Tri Rail
commuter rail service. A summary of the needs in the three-county area was included the
mailed packet. The study found a need for more Palm Tran bus service in Boynton Beach
and Mangonia Park to meet the additional Tri Rail trains. The additional bus service
requires three buses to be purchased and the associated operating and maintenance
costs.
The capital costs are estimated to be $825,000 for the buses. MR. WHITFIELD said the
staff is recommending the buses be purchased with Congestion Mitigation Air Quality
(CMAQ) funds. FDOT and the RTA have offered to cover the $271,473 estimated
operating and maintenance costs for the initial three years. These costs would become
the responsibility of Palm Tran in the fourth and subsequent years and funding for station
improvements is being sought from other sources.
A motion was made by COMMISSIONER MARCUS to approve the funding of three
transit vehicles for Palm Tran services to Tri Rail station using CMAQ funds;
seconded by COUNCILMEMBER HAYNIE.
CHAIR KOONS announced the State has agreed that the South Florida Regional
Transportation Authority will take over dispatching trains in the CXS Corridor in the near
future which means the RTA will have the corridor and dispatching responsibilities.
COMMISSIONER ClKLlN left at 1O:OO A.M.
A discussion ensued about regional quiet zones. It was decided the subject would be
discussed at a future meeting.
The motion carried unanimously.
C. Congestion Mitigation Project Selection Process
MR. WHITFIELD stated Palm Beach County receives Congestion Mitigation Air Quality
(CMAQ) funds as a result of its designation as a maintenance area. These funds are used
for projects that reduce or maintain emission levels that meet the adopted budget for the
County.
Project selection for use of these funds has been conducted on an informal basis by the
MPO. The projects were generally used for innovative or pilot projects such as bus
shelters and community transit services.
During the recent federal certification review, the FHWA directed the MPO to develop and
adopt a project selection process for use of CMAQ funds. The staff has prepared an
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16,2004 Paae 15
application process to evaluate and select projects for funding. A flow chart and timeline
for the process was developed and a copy was included in the package. The application
and evaluation criteria will be prepared and refined in the coming months.
0
A motion was made by COMMISSIONER MARCUS to adopt a process for selection of
projects using Congestion Mitigation Air Quality (CMAQ) funds; seconded by
COUNCILMEMBER HAYNIE. The motion carried unanimously.
VI. SECRETARY'S REPORT
A. Correspondence
MR. WHITFIELD mentioned the staff has received two letters of interest to the MPO. The
first letter is a request from the Martin County MPO for a joint meeting to discuss the
Scripps facility as a primary topic. The request mentions January or February as potential
times. He also mentioned that the Martin County MPO Director has since left that position
and asked the Board for direction. He suggested having the two chairs and at least one
director meet. It was agreed to have the two chairs attend the initial meeting. MR.
WHITFIELD will notify the Martin County MPO.
The second memo provides information in response to questions at the last meeting. Palm
Tran is moving forward with plans to implement smart card technology in new fare boxes.
They have also included buses in their FTA funding request for use in service to Jupiter.
MR. STUBBS was on hand to answer questions. No questions were posed.
6. Next Meeting -Thursday, January 20,2005
CHAIR KOONS advised the next meeting is scheduled for January 20,2005.
C. Other
MR. WHITFIELD wished everyone Happy Holidays from the staff.
CHAIR KOONS stated he and COUNCILMEMBER HAYNIE might have a conflict with the
January 20,2005 date since they are scheduled to attend a meeting on Strategic Planning
in Tallahassee.
A discussion ensued. The Board decided to secure a quorum before the January MPO
Board meeting.
VII.
0 There were no comments.
OPPORTUNITY FOR CITIZENS TO SPEAK ON TRANSPORTATION
MATTERS
METROPOLITAN PLANNING ORGANIZATION, DECEMBER 16,2004 Page 16
V111. RECOMMENDATIONSKOMMENTS BY MEMBERS
COMMISSIONER ARCHER said Delray Beach has been reviewing their bus service and
how it services their community. They have found a problem which is becoming an
increasing issue. She continued that with the widening of Linton Boulevard between
Military Trail and Congress Avenue, they now have a guardrail the entire length of the
south side of Linton Boulevard along the canal and not one bus stop. COMMISSIONER
ARCHER stated it’s a very long stretch of roadway and is making it very difficult to provide
reasonable service to the residents of the City. She said something needed to be done to
correct the situation. CHAIR KOONS asked MR. WEBB if the right-of-way belonged to the
Lake Worth Drainage District, MR. WEBB said the County had put up the guardrail but the
right-of-way did belong to Lake Worth Drainage.
A motion was made by COMMlSSlONER MARCUS for the MPO Chair to write a letter
to Lake Worth Drainage District asking them in the interest of safety and good
transit they work with the County to move the right-of-way line; seconded by MAYOR
WENHAM.
COMMISSIONER MARCUS mentioned she had a meeting with the Lake Worth Drainage
District and would mention the problem to them.
CHAIR KOONS stated that MR. WEBB is generating a series of opportunities for the Lake
Worth Drainage District to work with the County on future projects.
The motion passed unanimously.
IX. ADJOURNMENT
There being no further business, the meeting was adjourned 10:25 P.M.
This signature is to attest that the undersigned is the Chairman, or a designated nominee,
of the Metropolitan Planning Organization and that information provided herein is the true
and correct Minutes for the DECEMBER meeting of the Metropolitan Planning
Organization, dated this day of , 2005.
Chair
RECORDING TAPES OF METROPOLITAN PLANNING ORGANIZATION MEETINGS
ARE KEPT ON FILE AT THE METROPOLITAN PLANNING ORGANIZATION OFFICE.
MEETING NOTICE
PALM BEACH
METROPOLITAN PLANNING ORGANIZATION
DATE: THURSDAY, APRIL 21,2005
TIM E: 9:00 A.M.
PLACE: Palm Beach County Governmental Center
301 North Olive Avenue
1 2'h Floor - McEaddy Conference Room
West Palm Beach, Florida
AGENDA:
I.
*II.
Ill.
IV.
V.
CALL TO ORDER
A. Roll Call
B. Prayer
C. Pledge of Allegiance
ADOPTION OF AGENDA**
CONSENT AGENDA**
*A.
*B. Technical Advisory Committee Appointment
*C.
*D.
*E.
*F. Beautification Grant
Approval of Minutes of the March 17, 2005 MPO Meeting
Bicycle, Greenways, Pedestrian Advisory Committee
Appointment
FY 05-09 Transportation Improvement Program Amendment
FY 05 Unified Planning Work Program
OLD BUSINESS
A. PGA Boulevard Corridor
NEW BUSINESS
*A.
*B. Florida Turnpike
*C. Project Prioritization**
Regional Coordination Agreement- Resolution MPO 1 -05**
METROPOLITAN PLANNING ORGANIZATION, APRIL 21, 2005 Page 2
*D. West Palm Beach Transit Oriented Development Charette
VI.
VII.
VIII.
IX.
SECRETARY’S REPORT
*A. Correspondence
B.
C. Other
Next Meeting - MAY 19, 2005
OPPORTUNITY FOR CITIZENS TO SPEAK ON
TRANSPORTATION MATTERS
RECOMMENDATION/COMMENTS BY MEMBERS
ADJOURNMENT**
*Backup Provided **Action Required ***Backup Previously Provided
“If any person decides to appeal any decision made by the board, agency, or
commission with respect to any matter considered at such meeting or hearing, he
will need a record of the proceedings, and for such purpose he may need to
ensure that a verbatim record of the proceedings is made which record includes
the testimony and evidence upon which the appeal is to be based.”
In accordance with the provisions of ADA, this agenda may be requested in an
alternative format. Contact Randy Whitfield at 561.684.4170.
0
ISSUE: Televising council meetings (Page 16, Lines 5-12)
RESPONSE: On March 4, 2004, Council directed staff to provide an initial analysis to
determine potential costs associated with televising City Council meetings via cable
broadcast. In summary, staff found that it would cost the City approximately $1 25,000 in
materials and labor to purchase required equipment and make the necessary
renovations in order to create a television broadcasting studio in the City Council
Chambers. Attached is a copy of the memo to Mayor and Council, which outlines the
start-up, additional staffing, and yearly equipment maintenance costs associated with
televising Council meetings. The attached analysis also includes estimated projections
in capital, personnel, and operating costs over a five-year period, which totals
approximately $476,000. During the research, staff contacted several local
municipalities and found that those which broadcast their meetings do not know how
many people actually watch the meetings. As a result, it appears to be difficult to
measure the effectiveness of this tool in terms of viewership.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: 03/16/2004
APPROVED: Ron Ferris, City Manag
FROM: /&E-
+
Eric Holdt, Information Systems Administratorfd4
Sheryl Stewart, Assistant to City Manager
Initial analysis of potential costs associated with cable broadcasting SUBJECT:
As directed during the March 4, 2004 City Council Meeting, staff is providing the
following information based on an initial analysis to determine the potential costs
associated with televising City Council Meetings via cable broadcast.
Staff contacted several local municipalities which currently are utilizing their cable
franchise agreements, and identified the estimated capital, personnel and operating costs:
1. Start-up costs ($125,000):
a. Renovations to existing infrastructure (to create a camera control/master
control facility and recording room in the Council Chambers)
i. Lighting
ii. Wiring
b. Equipment (Le., cameras, character generators, recording devices - DVD,
SVHS or VHS, videotape recorders, master control system)
c. Installation
a. Media Specialist
2. Additional Staffing ($50,000 per year including salary and benefits)
3. Yearly equipment maintenance ($7,500 per year)
In summary, it would cost the City approximately $125,000 in materials and labor to
purchase required equipment and make the necessary renovations in order to create a
television broadcasting studio in the City Council Chambers. The additional equipment
and functions associated with this equipment will require one additional staff member to
maintain and operate this equipment. Salary and benefits for this non-exempt employee
is estimated to start at $50,000 annually. Equipment maintenance expense is estimated at
$7,500 annually. Staff would also need to address adding a government access channel
to the City’s franchise agreement with Adelphia Cable. Below is an estimated
breakdown of the capital, personnel and operating costs. For purposes of this analysis,
staff estimated a 10% total increase in personnel and operating costs each year.
Capital Personnel & Operating Total
Year 1 (startup) $125,000 $57,500
Year 2 - $63,250
Year 3 - $69,575
Year 4 - $76,533
Year 5 *TBD $84,186
$182,500
$ 63,250
$ 69,575
$ 76,533
$ 84,186
Total 5-year cost: $476,044
*In year five, much of the equipment will be at the end of its useful life. However, the
capital costs associated for example with replacing equipment cannot be determined at
this time due to the rapid changes in technology and pricing of technology equipment.
Costs above include duplication capabilities, in which for example video could be
recorded to a DVD player.
As a communications tool, while this could provide additional local government access to
residents for viewing Council meetings, one might question the effectiveness of reaching
enough citizens to justify an expenditure of taxpayer dollars of nearly $500,000 over five
years. According to Nielsen Media Research, 6 of the top 20 television shows are aired
on the major networks on Thursday nights generally during the same timeframe of
Council meetings. Further, staff has found that those municipalities which broadcast
their meetings do not know how many people actually watch the meetings. As a result, it
appears to be difficult to measure the effectiveness of this tool in terms of viewership.
Whle on the surface this seems like an effective method of communications in theory,
one must question how many residents will actually view the telecast. Also, this media
presentation would become another public document that must be stored and duplicated
when public records requests are made. While cable broadcasting can be viewed as an
additional way to reach the public, it also provides one with a platform for political
purposes.
ISSUE: Citizen input desires (Page 17, Line 18)
RESPONSE: The City currently derives input from citizens in many different ways and
on many different topics. Oftentimes, the issue at hand determines the best course of
action to solicit and collect input from residents and businesses. However, staff realizes
that how we exchange information with our customers is as important, if not more
important, than the information itself.
First and foremost, Palm Beach Gardens makes extensive use of its residents’ skills
and talents via advisory boards and committees. With over seven to choose from,
residents are afforded an opportunity to share their knowledge, skills, and abilities to
enhance the quality of life for all who live, work, play and learn in this City. These
boards and committees review and provide input on special projects, budgetary issues,
art in public places, and land development, just to name a few. Recommendations from
these bodies are submitted to Council for consideration in developing policy. Council
holds numerous public hearings throughout the year, in addition to providing the
opportunity for public comment during Council’s regularly scheduled meetings, to
encourage members of the public to talk about the issues facing the City.
In FY 2004, a Public Relations Director position was created to promote the business of
the City government. The focus of this position is to highlight what makes the City
Council and City departments unique, and to create effective ways in which to inform
and involve residents in their City government. This entails maintaining and
strengthening media relations, strengthening internal processes for the dissemination of
information, and creating an environment where an open and honest exchange of ideas
and information thrives.
0
Staff also uses a combination of traditional print media and electronic media to provide
information about City happenings and to collect information. For example, the
Recreation Division’s Program Guide is published four times per year and includes a
detailed newsletter of recent and upcoming events. It is also made available on the
City’s website at www.pbafl.com. The upcoming guide includes surveys on waste
management services, post-hurricane debris removal, and education. Residents are
encouraged to respond either in writing or electronically so that their experiences can be
incorporated into the City’s global approach to these issues. The City’s website is
currently being redeveloped to include an extensive e-government component, which
will provide citizens with the opportunity to not only receive information, but to conduct
essential business online from the comfort of their offices or homes. Additionally, City
Hall and all other City facilities are staffed with front desk personnel and volunteers who
can assist the public with a variety of issues and provide basic information about the
City and surrounding area.
TOWN HALL MEETING
MARCH 31,2005
Over the past few years, staff refined and refocused public information meetings to be
more issue-driven, for example, concerning specific projects such as canals restoration,
park improvements, annexation, and hurricane preparedness. While staff has utilized
opportunities to reach out to the citizens for input on projects, programs, issues and
initiatives, we recognize that there is still more that can be done. Since late February of
this year, the Public Relations Director and the Recreation Division Director have been
leading a multidepartmental task force in discussions about improving communications,
both internally and externally. The goal is to engage the public earlier in the
communications process, so that there is a real exchange of honest information and all
involved feel their contributions are valid and respected. Staff is currently preparing a
proposal on a communications strategy to incorporate the desires of the residents and
City Council for information. Upon completion, this strategy will be presented to Council
for direction and input.
TOWN HALL MEETING
MARCH 31,2005
e
ISSUE: Turnpike/l-95 Jupiter Exits Closed to Trucks
Diverted to PGA Boulevard (Page 17, Line 28)
RESPONSE: Staff has forwarded this question to the Turnpike Enterprise Toll
Operations Office and the contractor for the Jupiter Turnpike interchange.
The contractor’s response is attached and states that in the scope of the present
contract at the Jupiter Turnpike Interchange (Jupiter Sunpass Challenge), they will
apparently be adding two permanent signs (one for northbound mainline and one for
southbound) to alert wide trucks not to use the Jupiter Exit. These signs should be in
place by the end of the Jupiter Sunpass project in July 2005.
No response has been received from the Turnpike Toll Operations to date.
TOWN HALL MEETING
MARCH 31,2005
If the issue is about not allowing wide trucks to use the Turnpike Jupiter Exit, I will be forwarding your question to the
Turnpike Enterprise Toll Operations Office, by copy of this email. In the scope of the present contract (Jupiter
Sunpass Challenge), we are adding two signs (one for northbound mainline and one for southbound) to alert wide
trucks not to use the Jupiter Exit. These signs should be in place by the end of the Jupiter Sunpass project in July
2005.
Let me know if you have any other questions.
Felix Vergara, P.E.
Sr. Project Engineer
FILE 407, 502.1 JUPITER
From: Michael Morrow [maiIto:MMorrow@pbgfl.com]
Sent: Friday, April 08,2005 1:31 PM
To: Felix Vergara
Cc: Jack Doughney; turnpike.pio@dot.state.fl.us
Subject: Turnpikehdiantown Exit closed to wide loads; diverted to PGA Boulevard
Felix,
We had a question come up at a town hall meeting and wondered whether it was you or TPK PI0 to answer the
following:
"Jill - I'm Jill and I live in PGA National. Our issue is really with the closing Jupiter as an exit to 95 all of the trucks
that were mentioned earlier are not diverted to PGA Blvd. Is there any information about what the time line is going
to be or is there a way to handle it more effectively than it is currently."
If you're not the party responsible for this and PI0 is the party, please forward me a contact name if available.
Thanks and I hope all is well!
Mike
DISCLAIMER:
Please note: Florida has a very broad public records law. Most written communications to or from local officials
regarding city business are public records available to the public and media upon request. Your e-mail
communications may therefore be subject to public disclosure.
TOWN HALL MEETING
MARCH 31,2005
ISSUE: Hurricane Event (Page 17, lines 45-46; page 18, lines 1-7)
RESPONSE: On April 20, 2005, the City of Palm Beach Gardens is hosting the first
annual hurricane information event at Burns Road Community Center. Attached is the
press release that was sent to the media to inform the residents of this event and the
subsequent articles that have appeared in the newspapers (as of 4/13/05). Steve
Weagle from WPTV News Channel 5 is also making the announcement during his
weather report leading up to the event.
The topics to be discussed include:
Steve Weagle from Channel 5 will present an informational PowerPoint.
He will also be broadcasting the weather from Burns Road Community
Center.
Stephen Stepp, Police Chief, will discuss curfews.
Pete Bergel, Fire Chief, will discuss general preparation for hurricane
season.
David Reyes, Project InspectorlCADD will discuss debris removal.
Mark Hendrickson, City Forester, will discuss proper tree trimming.
TOWN HALL MEETING
MARCH 31,2005
Amy Luetkemeyer, Director of Public Relations
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Direct: (561) 799-4128
www . p bsf I .co m
PALM N Email: aluetkemeyer@pbgfl.com
Weather the Storm Season-A Hurricane Information Event
featuring Chief Meteorologist Steve Weagle
Palm Beach Gardens, FL-April20, 2005, the City of Palm Beach Gardens will host the
first annual hurricane information event at Burns Road Community Center from 6:OO-
8:OO p.m. Chief Meteorologist's Steve Weagle from WPTV News Channel 5 will be
presenting a power point on the upcoming hurricane season, Representatives from the
city's Public Works, Parks, Growth Management, Building, Police and Fire departments will
be on hand to answer questions and offer valuable information to the public. Area
representatives from PBC Emergency Management, American Red Cross and Home
Depot will also be present. Please join us as we get prepared for the upcoming hurricane
season.
'Weather the Storm Season'
A Hurricane Information Event with
The City of Palm Beach Gardens and Chief Meteorologist, Steve Weagle.
Wednesday, April 20 6:00-8:00pm
Burns Road Community Center, 4404 Burns Rd.
For more information about The City of Palm Beach Gardens please visit www.pbqfl.com
###
1
4
How to weather the storm seasonI'i2 1
L .a 7-
I
f
+
~~ ~ ~~ Agenda
Hurricane Awareness Event
Wednesday, April 20
BRCC Gymnasium - 6:00-8:00pm
Informative displays with pertinent information for upcoming HurricanL Seasoi
0 HomeDepot
0 FireRescue
0 Polices Services
0 Community Services Department
0 Waste Management
0 Solid Waste Authority.
0 American Red Cross
Seacoast Utility
0 Project Hope
City Forrester
0 Palm Beach County Emergency Management
Florida Department of Financial Services
0 Humane Society
0 Florida Power and Light
0 Northern Improvement District
6:OOpm BRCC Auditorium Presentations
Welcome Mayor Russo
Zeneral Preparation Chief Peter Bergel
City of Palm Beach Gardens Fire-Rescue
City Curfews
Traffic
Chief Stephen Stepp
City of Palm Beach Gardens Police
PowerPoint Presentation Steve Weagle, Chief Meteorologist
WPTV Channel 5
Mary Blakeney, American Red Cross
Debris Removal
Tree Trimming
David Reyes
Construction Services Manager
Mark Hendrickson
City Forrester
Insuring your Home Vickie Williams
Florida Dept. of Financial Services
Steve Weagle will be broadcasting weather from the event at 5:15 5:45 and 6:15pm.
Home Depot will be conducting a raffle to give away Hurricane Supplies.
ISSUE: Volunteer Programs (Page 18, Lines 27-29)
RESPONSE: The City offers many volunteer programs for the residents. These
programs include, our actual City Volunteer program, the Citizens Mobile Patrol, Police
Reserves, Police Explorers, Fire Volunteers, and the CERT (Community Emergency
Response Team) program in the Fire Department. Attached are the overviews of what
these programs offer to residents to become more involved in the functions of the City,
along with the application for the City Volunteer Program. This application is available
on the City’s website at www.pbafl.com, by contacting our Volunteer Coordinator,
Jennifer Holdt, at 630-1108, or by contacting the front desk at City Hall at 799-4100.
Residents interested in volunteering specifically in the Police and Fire Department
programs should call those respective departments directly at 799-4400 (Police) and
799-4300 (Fire).
The residents can also become involved in one of the seven boards and committees
that the City offers. The specific boards and committees currently at the City include: Art
in Public Places Advisory Board; Community Aesthetics Board; Parks & Recreation
Advisory Board; Planning, Zoning, & Appeals Board; Economic Development Advisory
Board; Budget Oversight Committee; and Education Advisory Committee. Each of
these boards and committees assists in the efforts for the future of Palm Beach
Gardens. Information about the boards and committees is available in the City Clerk’s
Department.
TOWN HALL MEETING
MARCH 31,2005
The following is an overview of the city volunteer program as extracted from the Volunteer - Handbook.
VOlUNTE ER: WHAT? - WHY? - WHO? - HOW?
WT is a Volunteer?
A vdunteer is an individual who sees a need, is concerned and willing to do something about it.
A person who, of hidher own free will, contributes talents, time and service to a program without
pay. Volunteers supplement staff but do NOT replace them.
Y should I Volunteer?
b help identify community needs
b do something worthwhile
b share your talents
b have a lasting effect on the community
> learn new skills
h gain experience which may lead to employment opportunities
h fm new friendships
Volunteering gives you an opportunity to:
Volunteering is a rewarding experience for all when volunteers and staff have mutual respect and
a desire to cooperate in meeting the needs of our City and its citizens.
0 Can Volunteer?
All individuals, aged 13 years and up, are eligible to volunteer with the City of Palm Be&
Gardens including: Residents, Non-residents, Adults, Seniors, students seeking community
service requirements. Volunteers me from every background community, regardless of age,
gender, race, faith, economic level or ethnicity.
HOW Do I,Volunteer?
Volunteers will attend an orientation session with the Volunteer Coordinator. At the orientation,
prospective volunteers complete applications and background consent forms. The Volunteer
Coordinator familiarizes prospective volunteers with the City's history and government as vel1 as
the vdunteer program (including current opportunities). The Volunteer Coordinator never assigns
a volunteer to a specific task; all volunteers choose the position(s) they participate in. Upon
receipt of a successful background screening, the Volunteer Coordinator provides the volunteer's
name to the specific area Volunteer Supervisor. The supervisor will contact the volunteer and
schedule a meeting for the volunteer work to commence.
Volunteers will receive proper training in all positions.
WHER ECanIV olunteefl
Volunteers can assist in a number of departments, on an ongoing or as needed basis.
Departments include: City Clerk, Community Services (which includes the Golf Course and
Recreation), Finance, Fire Rescue, Growth Management, Human Resources and Police.
Volunteers Privileges and Responsibilities
Volunteers are viewed as a valuable resource to the City of Palm Beach Gardens, its staff’ and its
clients. Volunteers have the right t6 the following:
Meaningful assignments
Decline job assignments
Receive orientation, training, on-the-job supervision and support as needed
Be treated as qual co-workers Be kept informed of current events in the City
Full involvement in the organization
Recognition for work done
In return, volunteers are expected to Attend required training (job specific)
Follow all policies, such as confidentiality, appropriate office conduct, dress code
Proper notify supervisor or Volunteer Coordinatar if unable to Volunteer
Actively perform the duties of their position description
Follow Mission and Guiding Principles of the City
Criminal History Background Checks
All volunteers are asked to submit to a criminal history background check. Volunteers must
complete and sign a consent form, granting permission to conduct the background check. The
consent forms are maintained in the Volunteer Coordinator’s office in separate files to maintain
confidentiality. To protect the privacy of our volunteers, completed background checks are
returned to the Volunteer Coordinator. Results of the check are not revealed unless a potential
problem is identified.
Volunteers who do not agree to a background check will be refused assignment.
VOLUNTEER JOBS
CITY CLERK:
RECORDS CLERK
Hours: Flexible shifts between 8:OO a.m. - 5:OO pm., Monday through Friday
Location: City Clerk Office, City Hall
Contact: Jennifer Gorman, 799-4120
RECEPTIONIST
Hours: Flexible shifts between 8:OO a.m. - 5:OO p.m., Monday through Friday
Location: City Hall Lobby
Contact: Geri MollsMeenaghan, 79941 13
FIRE RESCUE:
FIRE MEDIC - VOLUNTEER
Location: Fire Station 1
Contact: Shawn Reid, 79Q-4135
RECEPTIONIST
Hours: Flexible shifts between 8:OO a.m. - 5:OO p.m., Monday through Friday
Location: Fire Station I
Contact: Eileen Stephenson, 799-431 5
FIRE EXPLORERS
Location: Fire Station 1
Contact: DJ Minor, 799-4300
GOLF COURSE:
STARTER, RANGER, CHEF, LEAGUE ASSISTANCE, PHONE ASSISTANCE
Hours: Flexible shifts between 6:OO a.m. - Dusk, Sunday through Saturday
Location: PBG Municipal Golf Course
Contact: Elizabeth Williams, 626-7888
GROWTH MANAGEMENT:
FILING CLERK
Hours: Flexible shifts between 8:OO a.m. - 5:OO p.m., Monday through Friday
Location: 10500 North Military Trail, Growth Management Office
Contact: Bahareh Wolfs, 799-4258
CODE ENFORCEMENT:
CODE ENFORCEMENT ASSISTANT
Hours: Flexible shifts between 8:OO a.m. - 500 p.m., Monday through Friday
Location: 10500 North Militarv Trail, Growth Management Office
Contact: Kekin Wise, 799-7i76 . 0
POLICE:
CITIZENS MOBILE PATROL, RESERVE OFFICERS, ADMINISTRATIVE ASSISTANCE
Hours: Flexible shifts
Location: Police Department
Contact: Officer Ed Vistein, 799-4513
POLICE EXPLORERS
Location: Police Department
Contact: Officer Greg Allen, 799-4400
RECREATION DIVISION:
ATHLETICS ASSISTANT
Hours: Monday & Thursday 6:OO - 8:OO p.m., Wednesday 6:OO - 7:OO p.m.,
Saturday 9:OO a.m. - noon during season
Location: vary by activity
Contact: Rick Audet, 630-1 123
ART & MUSIC ASSISTANT
Hours: Vary by event
Location: City Hall Lobby
Contact: Amy Stepper, 630-1 116
SPECIAL EVENT ASSISTANCE
Hours: Vary according to facility and activity
Location: Burns Road Community Center, Lakeside Center, Community-wide outdoor events
Contact: Christy Wdnewitz, 630-1 107
RECEPTIONIST & OFFICE ASSISTANCE
Hours: Vary according to facility and activity
Location: Burns Road Community Center, Lakeside Center
Contact: Ann Schilling, 630-1 104
SENIOR PROGRAM ASSISTANT
Hours: Bingo - Mondays 9:OO a.m. - 4:OO p.m.
Location: Burns Road Community Center
Contact: Faith Kaminski. 630-1 109
SWIM LESSON AIDE
Hours: Minimum 2 week session. Session consists of 1.5 hours a day, Monday - Thursday.
Location: PBG Aquatic Complex
Contact: Karen Pertanen, 630-1 127
YOUTH SPORTS COACH
Hours: Monday & Thursday 6:OO - 8:OO p.m., Wednesday 6:OO - TOO p.m.,
Saturday 9:OO a.m. - noon during season
Location: Varies by activity
Contact: Rick Audet, 630-1 123 or Amy Moyses, 630-1 1 17
The Police Department welcomes volunteers for a number of positions which include the
Citizens Mobile Patrol, Police Reserves and Police Explorers.
The Citizen Mobile Patrol is a unit consisting of residents twenty five years or older who
dedicate their time patrolling the City of Palm Beach Gardens and attending City events
in a specially marked “patrol car”. This volunteer program involves eight hours of
certification training and only a few hours per month participation. Citizen Mobile Patrol
volunteers are issued a uniform and become trained in traffic control, first aid, parking
enforcement, and a host of other topics which will assist these volunteers in being
additional eyes and ears of the Police Department.
The Police Reserve program allows residents to apply to a Reserve Police Academy to
become state certified as a Police Reserve. These volunteers work along side a sworn
Police Officer performing the same duties. Uniforms and equipment are issued by the
Police Department. Monthly training includes law, first aid, driving, firearms, self defense,
etc.
The Police Explorers are a team of volunteers ages fourteen to twenty who aspire to
become police officers. These motivated individuals are trained in areas which include
law, crime prevention, traffic control, crime scene, report writing, etc. The Police
Explorers train every week in preparation for the State competition and Police Academy.
Members of this Unit are issued uniforms and are eligible to ride with sworn officers.
Volunteers are always welcome to assist in the Police Lobby with walk-in complaints,
data entry, fingerprinting service, answering phones, or within the different bureaus as
needed.
Additional information can be obtained by contacting Sergeant Jack Schnur of the
Community Involvement Unit at 561-799-4565, or jschnur@pbqfl.com. Information on
theses programs and many others are available by visiting the Police Department’s web
site at www.pbqfl.com.
Sergeant Jack Sch nu r
Palm Beach Gardens Police Department
Special Operations Bureau
561-799-4565
Palm Beach Gardens residents are excited about the Palm Beach
Gardens Fire Rescue Community Emergency Response Team.
The most recent class boasted 10 FEMA certifications. Team
members live in various neighborhoods in the city, come from
quite diverse backgrounds, and range from 13 years old to over 70!
At present we have 109 team members in our city.
The CERT program began in the late 80’s in California after
earthquake devastation made it difficult for emergency personnel
to assist citizens in an expedient manner. The Federal Emergency
Management Agency took it one step hrther and began offering
disaster preparedness training nationwide. Our program was
instituted in 2000 with instructors attending FEMA training and
organizing classes locally. In the event of a disaster, there are
residents in several neighborhoods in Palm Beach Gardens who
have the skills and resources to assist in saving lives and protecting
property.
a
CERT trainees learn many aspects of emergency needs including
fire suppression, light search and rescue, basic medical treatment
and also about what planning is required before, during and after a
disaster such as a hurricane strikes. Classes are held for eight
weeks, culminating in a drill, which allows instructors and fire
rescue personnel to assess skills, including the team’s ability to
work together. The final scenario puts the students to the test with
small fires, adverse weather conditions and rescue situations,
providing hands-on life saving skills prior to receiving their FEMA
certificate.
The CERT program continues to grow. Palm Beach Gardens Fire
Rescue will continue to offer the Community Emergency Response
Team training including refiesher classes to help team members
keep skills up to date. Our department is working in cooperation
with the Boca Raton Fire Rescue CERT organization to offer mass
casualty drills that benefit both areas. Palm Beach County
Emergency Operations has organized a committee that is intent on
standardizing all CERT programs in Palm Beach County.
0
All residents are encouraged to become involved with CERT. It is
definitely worthwhile to everybody involved. If a natural disaster
were to strike our area, CERT teams could be very helpful to
emergency services personnel and to our municipality.
PALM BEACH GARDENS FIRE DEPARTMENT
10500 North Military Trail Palm Beach Gardens, Florida 33410-4698
%re Protection is our ~oal; %re Trevention is OUT TI-&
561 -775-8260 FAX 561 -775-8269 a
PALM BEACH GARDENS FIRE RESCUE
VOLUNTEER INFORMATION SHEET
Palm Beach Gardens
Fire Department, Inc.
Shawn Reid, Sr.
President
Peter T. Bergel
Fire Chief
Tel: (561) 799-4309
Fax: (561) 799-4399
Coordinator: Lieutenant Shawn Reid
Office Hours: 7:OO p.m. - 9:00 p.m., Tuesday evenings
Location: 10500 N. Military Trail
(corner of Military Trail and Burns Road)
Telephone: (561) 7994300 - Main Number
(561) 7994309 -Volunteer Office
Purpose: The Volunteer Division provides support and
supplements the services delivered by the career
personnel of Palm Beach Gardens Fire Rescue.
Membership Requirements:
0
0
0
0
Activities:
Benefits:
Age 18
High School Diploma or GED
Proof of recent physical examination
Pass PAT and TABE within one year of
membership
Supplemental staffing of rescue and
engine companies
Response to major emergencies
Staffing of volunteer apparatus - engine,
brush and rehab units
Regular training in a variety of
emergency activities
Fire prevention and public education
activities including home safety survey
and fire sprinkler demonstrations
Firsthand experience of fire service
career
Sponsorship to attend minimum
standard fire training
True life experience
Helping your friends, neighbors and
visitors
2004 GUIDELINES FOR VOLUNTEER PERSONNEL
(Probationary Period For All Volunteer Personnel is One Year)
Persons interested in becoming volunteer members of the Palm Beach Gardens Fire Rescue Department will pick up
an application at the Human Resources Department, fill out the application and return it to a member of the Board of
Directors of the Palm Beach Gardens Fire Rescue Department, Inc.
Persons submitting an application will be told to report to a meeting of the Board of Directors for an interview. The
Board normally meets on the first Tuesday of each month.
After meeting the Board of Directors, the prospective member will be invited to visit the department facilities,
observe training and attend events of the department for a period of time, normally one month.
The prospective member may be voted into membership at a General Meeting. General Meetings are held on the
second Tuesday of each month.
For the first four months, the new members shall:
Attend all scheduled training.
0
Log Inatation time, at Station #I, 12 hoursper month.
Be issued special T-shvts with department logo.
Use turn-out gear set aside for Trainingpurposes.
Expect a very military regimen.
Training will be announced monthly.
At the end of the first 4 months, the new member will be introduced to a person who will be their mentor for the
next 8 months.
During the first 6 months, the new member will take and pass a prescribed training course for volunteer personnel as
directed by the State of Florida and a test by the Palm Beach Gardens Fire Rescue Department.
After passing the volunteer course and department test, the new member will be issued uniform and turnout gear, if
available.
The new member is now allowed to ride with their mentor and log at least 24 hours of on-duty time per month.
There is one allowable exception to the above guideline. If the new member has completed Florida Firefighter
Standards and is an EMT or Paramedic, they will be allowed to ride without their mentor after the first 4 months,
and will also be allowed to ride at any station.
At the conclusion of the one year probationary period, the new member will be elected into full membership and be
expected to log 36 hours per month riding as assigned by officers of the Palm Beach Gardens Fire Rescue
Department.
At no time will a volunteer member take the place of a career member on a crew. Volunteer members will be
assigned to augment normal crew assignments.
Training Reports and Station Volunteer Logs will be reviewed regularly by Lieutenant Reid and Senior Fire
Department staff.
VOLUNTEER FIREFIGHTER
Statement of Duties of Volunteer Firefiehter:
1.
2.
Attend training courses and read and study assigned materials related to fire fighting and prevention.
Respond to fire and emergency alarms, operate equipment, lay and connect hose, maneuver nozzles and
direct fire streams, raise and climb ladders and use chemical extinguishers, bars, hooks, lines and other
equipment.
Ventilate burning buildings by opening windows and skylights or by cutting holes in roofs and floors.
Remove persons from danger, perform rescue operations and administer first aid.
Perform salvage operations by placing salvage covers, sweeping water and removing debris.
3.
4.
5.
6. Participate in drills and attend classes in fire fighting and emergency medical service.
7.
8.
Perform related work as required.
Orders or directives given by an officer shall be obeyed. In the event of a problem or complaint, the proper
chain of command shall be followed. Insubordination is subject to suspension andor dismissal.
Abide by the Department’s Standard Operating Procedures contained herein.
Abide by the current Rules and Guidelines for Prospective and New Volunteer Members of ThePalm
Beach Gardens Fire Department, Inc.
9.
10.
a
Required Knowledge, Skills and Abilities:
1.
2.
3.
Satisfactory knowledge of the street system and physical layout of the community.
The ability to climb ladders and work at considerable heights.
The ability to learn a wide variety of fire fighting duties and methods within a reasonable working test
period.
The ability to establish and maintain effective working relationships with other members of the Department
and the general public.
The ability to understand and follow oral and written instructions.
Skill in operating tools and equipment.
4.
5.
6.
CITY OF PALM BEACH GARDENS
10500 N. Military Trail, PBG, FL 33410
VOLUNTEER PROGRAM APPLICATION
Name Date
Last First Middle
Address street city state zip
Social Security Number Phone
Date of Birth
Volunteer Position desired:
Please list relevant experience, skills, training, etc. which qualifies you for the position(s) indicated above:
Driver’s License Number
~
Availability: Weekdays Weekends Hours Preferred
How did you learn about this volunteer program?
Have you volunteered for the City of Palm Beach Gardens before?
Have you used any illegal drugs in the past 5 years?
Have you ever been arrested?
When? Dept.
Yes No.
No. If yes, describe in full: Yes
Please list three references:
Name Address Phone
Name Address Phone
Name Address Phone
In case of emergency, person to contact:
Name Relationship
Home PLhone Work Phone
I have received the outline statement of duties.
Signature
The information above is true and complete. I understand this is not a contract of employment. I also understand that statements
found to be false shall result in disqualification or discharge. I understand that a criminal history and background check is
conducted on all volunteer applicants.
Signature Date
RETURN COMPLETED FORM TO LIEUTENANT REID - TEL: 799-4309
City of Palm Beach Gardens
Application
Last Name First Middle Initial Nickname, if preferred
Street Address
u Permanent Resldent u Seasonal Resident
Email Address Date of Birth
Home Telephone # Work Telephone # Cellular Telephone #
Drlver'r License #/State
Emegency Contact Name Relationship Telephone #
Highest Level of Education (Please check)
U High SchoollGED u Associates Degree U Undergraduate Degree u GraduatdPost-Graduate Degree u Other
Days and times you are available to volunteer
(Please check all days and times that are convenient for you to volunteer. We understand that this may depend on the
type of assignment and season.)
0 No preference
0 Monday 0 Tuesday 0 Wednesday 17 Thursday 0 Friday U Saturday 0 Sunday
0 mornings 0 mornings 0 mornings 0 mornings 0 mornings 0 mornings 0 mornings
0 afternoons 0 afternoons 0 afternoons 0 afternoons 0 afternoons 0 afternoons 0 afternoons
U evenings u evenings u evenings u evenings u evenings u evenings u evenings
How frequently you woukl like to serve:
U Daily u Weekly u Monthly U Yearly u Ongoing
If, you'd like to volunteer daily, weekly or ongoing, how many hours per week are you available?
How did you learn of our Volunteer Program?
U Newspaper U Brochure/Flyer u Internet u Friend
Pbae turn page for continuation of application.
Please describe any current or former voluntser experience.
Please list employment and volunteer histtory for the past five years. Please indicate if you have not been
employed or volunteered for the past five years.
e
Present Employer Positton Title -ne Number SuperV(s0r NaMIUe Dates of Employment
Former Employer POSM Titie Phone Number Supervisor Namemtle Dates of Employment
Former Emplayer Position TiUe Phone Number Supervisor NanieKitJe Oates of Employment
Please list three references of adults unrelated to you.
Nm Relatlanship Phone Number AddresslEmail Address
Name Relationship Phone Number AddresslEmail Addntss
Phone Number AddresslEmail Address Name Relatbnship
Wahrer & Release of All Claims
By signing thls Volunteer Application, I acknowledge my interest in participating as a volunteer in the City of Palm Beach
Gardens’ Volunteer Program, and I hereby agree to additional screening for placement in same. I am fully aware that said
additional scwening may include but is not limited to employment records, residential history, personal references, local
law enforcement check, and criminal information records.
I also understand that submittal of a Volunteer Application andlor subsequent screening, additional or otherwise, does not
guarantee my placement in the Volunteer Program; nor does it guarantee that my services as a volunteer will be utilized in
the particular areas of interest as indicated on my Volunteer application.
I have read and fully understand this waiver, and sign It of my own free will. I understand that completion of this form
including my signature is required in order to be considered for volunteer placement. I further cem that I am a minimum
of eighteen (1 8) years of age.
signature Date
ISSUE: Providing public transportation (Page 18, Lines 36-37)
RESPONSE: In early 2004, at the request of Mayor Eric Jablin, staff began preparing
an application for the Metropolitan Planning Organization’s (MPO) Community Transit
Grant program to initiate community transit service within the City as an activity of the
Public Works Department. Staff projected the first year operational and capital costs
would be approximately $400,000. The MPO’s program would only fund up to $40,000
per year, 10% of what was projected. Further, staff found that the grant criteria for the
MPO program and funding level ($40,000) did not parallel the City’s needs. Therefore,
the application process was not completed. Staff did recommend that there was an
opportunity to explore a pilot project in the City funded by the MPO to address the need
for public transportation identified by our employment centers as a matter of public-
private partnership for economic development. Since the City is not currently in the
public transportation business, the funding level for a project of this nature would need
to significant to offset implementation and operational costs.
Attached is a memo to Mayor and Council dated June 22, 2004, regarding this project.
TOWN HALL MEETING
MARCH 31,2005
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and Council DATE: June 22,2004
APPROVED: Ron Ferris, City Manager
FROM: Sheryl Stewart, Assistant to City Manager
SUBJECT: Update regarding MPO Community Transit Grant
In January 2004, the MPO announced its allocation of $2 million over a three-year period
to initiate or expand community transit services in Palm Beach County. Community
transit service is generally local in nature, provides short trips within a community as
well as connection to area-wide and regional transit such as Palm Tran and Tri Rail. This
particular grant program provides up to $40,000 in matching funds annually up to three
years for new services. Such funds can be used for capital or operational costs. Palm
Beach Gardens was one of the cities included in a community transit study conducted by
the MPO supporting this grant program. The study concluded that such services in Palm
Beach Gardens should focus on areas east of Military Trail that are established, contain
developments of higher residential density and a strong mix of activity centers including
retail, government, health services and employment destinations.
However, in addition to the needs in the eastern areas of the city, a need for public
transportation services has been expressed by employers west of Military Trail, to
provide residents and employees options to travel to employment centers in the western
areas of the city. At the request of Mayor Jablin, staff was directed to prepare an
application for a project in which the city would start up and operate a community transit
service as an activity of the Public Works Department. Staff projected the first year
operational and capital costs would be approximately $400,000. The MPO’s grant
program would only fund up to $40,000 per year, 10% of what we projected. Further,
staff found that the grant criteria and funding level ($40,000) did not parallel our needs.
Therefore, we did not continue in the application process.
a
Based on the research and information compiled thus far, staff recommends that there is
an opportunity to explore with the MPO funding a pilot project with the City, to address
the need for public transportation identified by our employment centers as a matter of
public-private partnership for economic development. Since the city is not already in the
public transportation business, the funding for a grant would need to be at a level
significant enough to help offset our expenditures.
Staff is currently researching other funding sources and their requirements and
timeframes. It is our understanding that the MPO will be discussing this grant program at
its meeting on July 15, 2004. Staff recommends that the appropriate Council
representative bring this forward at the meeting to see if MPO would be interested in
partnering with the city for such a pilot project.
Should you have any questions, please advise.
cc: Stacy Rundle, Grants/Contracts Administrator
Jack Doughney, Community Services Administrator
Mike Morrow, Public Works Director
Charles Wu, Growth Management Administrator
Mike Sanchez, Senior Planner
Dolores Key, Economic Development/Marketing Administrator