HomeMy WebLinkAboutAgenda Council Agenda 120105
City of Palm Beach Gardens
Council Agenda
December 1, 2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
December 1, 2005
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
a. Turnpike Interchange Construction Update by Michael Lewis, Program Manager
Project Planning, Florida Dept. of Transportation. (Charles Wu)
b. Department Presentation: GIS Website. (POC Melissa Prindiville)
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. (Page 7) Approve Minutes from the November 3, 2005 regular City Council
meeting.
b. (Staff Report on Page 12, Resolution on Page 14) Resolution 174, 2005 --
Disaster relief funding agreement for Hurricane Wilma. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida authorizing the City Manager
to execute a Disaster Relief Funding Agreement with the State of Florida,
Department of Community Affairs, for Disaster Relief as a result of Hurricane
Wilma; and providing an effective date.
c. (Staff Report on Page 27) Approval of Change Order No.1 with Total
Maintenance Building Services, Inc. for landscape maintenance services at
various City Parks.
IX. PUBLIC HEARINGS:
Part I – Non-Quasi-judicial
a. (Staff Report on Page 32, Ordinance on Page 42) Ordinance 33, 2005 – (2nd
reading and adoption) Plat Process Code amendment to clarify for Development
Order Review. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to review procedures for subdivisions and plats;
amending Section 78-41, Code of Ordinances, entitled “Applicability of Article”
and Section 78-43, Code of Ordinances, entitled “Review of Applications for
Development Order Approval,” to provide clarification of the review procedures
for subdivisions and plats; providing for codification; and providing an effective
date.
Part II – Quasi-judicial
a. (Staff Report on Page 46, Ordinance on Page 129, Resolution on Page 133)
Ordinance 34, 2005 – (2nd Reading and adoption) PGA Corporate Center (aka
"Parcel 5A") - An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida rezoning a parcel of land consisting of 78.96 acres, generally
bounded by Interstate 95 right-of-way and Military Trail to the West, the
Winchester Courts and Garden Woods residential developments to the North,
Alternate A1A to the East, and PGA Boulevard to the South, as more particularly
described herein, from Research and Light Industrial Park (M1) and Planned
Development Area (PDA) zoning designations to a Planned Community District
Overlay (PCD) zoning designation with an underlying zoning of Research and
Light Industrial Park (M1), to be referred to as the “PGA Corporate Center PCD”;
amending the zoning district map; and providing an effective date.
Resolution 166, 2005 is a companion item to Ordinance 34, 2005 and
will require Council action
Resolution 166, 2005 - PGA Corporate Center Master Plan Approval. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the
Master Development Plan for the 78.96-acre PGA Corporate Center Planned
Community Development (PCD) generally bounded by Interstate 95 right-of-way
and Military Trail to the West, the Winchester Courts and Garden Woods
residential developments to the North, Alternate A1A to the East, and PGA
Boulevard to the South, as more particularly described herein, to allow the
development of 240,000 square feet of office use and 600,000 square feet of light
industrial use, including a maximum of 42,000 square feet of ancillary
commercial use, on 17 individual parcels; providing for waivers; providing for
conditions of approval; and providing an effective date.
b. (Staff Report on Page 154, Ordinance on Page 216, Resolution on Page 221)
Ordinance 37, 2005 – (1st reading) The Pointe, rezoning a parcel of land
consisting of 9.18 acres, located at the Northwest corner of Military Trail and
Interstate-95. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida, rezoning a parcel of land consisting of 9.18 acres, located at the
Northwest corner of Military Trail and Interstate 95, as more particularly
described herein, from a Professional Office (PO) zoning designation to a Planned
Unit Development (PUD) overlay zoning designation with an underlying zoning
of Professional Office (PO); amending the zoning district map; and providing an
effective date.
Resolution 175 is a companion item to Ordinance 37, 2005 and
will require Council action at second reading.
Resolution 175, 2005 -- The Pointe, approving the master development plan for
the approximately 9.18-acre property located at the Northwest Corner of Military
Trail and interstate-95. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the master development plan for the
approximately 9.18-acre property located at the Northwest corner of Military
Trail and Interstate 95, as more particularly described herein, to allow the
development of 150,000 square feet of Professional Office space and a five-level
parking garage to be referred to as “the Pointe PUD”; providing for waivers;
providing for conditions of approval; and providing an effective date.
c. (Staff Report on Page 233, Ordinance on Page 301, Resolution on Page 306)
Ordinance 32, 2005 – (2nd reading and adoption) Frenchman’s Yacht Club –
Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida rezoning a parcel of land consisting of 6.05 acres, located at the Southeast
corner of Donald Ross Road and Prosperity Farms Road, as more particularly
described herein, from a Planned Development Area (PDA) Zoning designation to
a Planned Community District (PCD) zoning designation with an underlying
zoning of Residential Medium (RM); amending the zoning district map; and
providing an effective date.
Resolution 152, 2005 is a companion item to Ordinance 32, 2005 and
will require Council action.
Resolution 152, 2005 - Frenchman’s Yacht Club – Master Plan Approval. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the master development plan for the approximately 14.54-acre property
located at the Southeast corner of Donald Ross Road and Prosperity Farms Road,
as more particularly described herein, to allow the development of 113
multifamily dwelling units and 9,990-square feet of ancillary office/retail space
for use by the marina to be referred to as “Frenchman’s Yacht Club”; providing
for waivers; providing for conditions of approval; and providing an effective date.
Resolution 162, 2005 is a companion item to Ordinance 32, 2005 and
will require Council action.
(Staff Report on Page 317, Resolution on Page 343) Resolution 162, 2005 -
Frenchman’s Yacht Club – Expanding PCD boundaries. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending the Development
Order of the Frenchman’s Creek Development of Regional Impact (DRI) and
Planned Community Development (PCD); amending the master development plan
to allow for the incorporation of a conversion matrix to permit the conversion of
commercial to residential uses and vice versa; allowing the development of up to
120 additional residential units; modifying the boundaries of the DRI/PCD to
incorporate a six-acre parcel adjacent to the subject DRI/PCD and located at the
Southeast corner of Donald Ross Road and Prosperity Farms Road; authorizing
the City Clerk to transmit copies of this Resolution to the Florida Department of
Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach
County, Frenchman’s Creek Property Owner’s Association, Inc., Frenchman’s
Marina Resort, Ltd., and Avatar Properties, Inc.; and providing an effective date.
d. (Staff Report on Page 349, Resolution on Page 351) Resolution 169, 2005 -
Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the
Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1; and providing
an effective date.
e. (Staff Report on Page 356, Resolution on Page 373) Resolution 163, 2005 –
Art in Public Places for Mirasol Town Square. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving the Art in Public Places for
Mirasol Town Square, which is within the Mirasol Planned Community
Development (PCD) located on the Northwest corner of the intersection of PGA
Boulevard and the Florida Turnpike, as more particularly described herein;
providing for conditions of approval; and providing an effective date.
X. RESOLUTIONS:
XI. ORDINANCES: (For Consideration on First Reading)
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
XIII. CITY ATTORNEY REPORT:
XIV. ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
November 3, 2005
The November 3, 2005 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 7:04 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, by Mayor
Russo, and opened with the Pledge of Allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Russo, Vice Mayor Jablin, Councilmember Levy,
Councilmember Valeche, and Councilmember Barnett. Mayor Russo thanked staff for their
work during Hurricane Wilma, thanked their families who they were away from, and all of
the volunteers who came out to help.
ITEMS CONTINUED FROM OCTOBER 6th MEETING:
PUBLIC HEARINGS:
Part I – Quasi-judicial: Mayor Russo announced the quasi-judicial procedures that would
be followed at tonight’s hearings. The City Clerk swore in all those who intended to testify
in any of tonight’s cases.
Ordinance 18, 2005 - (2nd Reading and adoption) Approval of an amendment to the Christ
Fellowship North Campus Planned Unit Development (PUD). An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida rezoning a parcel of land consisting of
approximately 20 acres, located on the North side of Northlake Boulevard approximately one
mile West of Military Trail, as more particularly described herein, from Residential Low
Density-3 (RL3) to a Planned Unit Development (PUD) overlay with an underlying zoning
designation of Residential Low Density-3 (RL3), to be included in the Christ Fellowship
North Campus Planned Unit Development (PUD); amending Ordinance 20, 1997 and
Ordinance 23, 1999 relating to the zoning for the Christ Fellowship North Campus Planned
Unit Development (PUD) to transfer the site plan approval and related conditions to
Resolution 83, 2005; amending the zoning district map; and providing an effective date.
[Resolution 83, 2005 is a companion item to Ordinance 18, 2005 and will require
Council action.] Resolution 83, 2005 - Approval of a master development plan for the
Christ Fellowship North Campus PUD. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving an amendment to the Christ Fellowship North campus
Planned Unit Development (PUD), located on the North side of Northlake Boulevard
approximately one mile West of Military Trail, as more particularly described herein, to
incorporate an additional 20 acres and to allow the development of a 159,180-square-foot
expansion to the North Campus; granting conditional use approval for the expanded Christ
Fellowship Campus; amending certain conditions of approval for the North Campus;
providing for waivers; providing for conditions of approval; and providing an effective date.
Ordinance 19, 2005 – (2nd Reading and adoption) Approval of an amendment to the
Conditional Use approval for the Christ Fellowship South Campus. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending Ordinance 30, 1990,
Ordinance 34, 1999, and Ordinance 51, 1999 relating to the zoning for the Christ Fellowship
South Campus to transfer the conditional use approval and related conditions to Resolution
84, 2005; and providing an effective date. [Resolution 84, 2005 is a companion item to
Ordinance 19, 2005 and will require Council action.] Resolution 84, 2005 - Approval of
an amendment to the Site Plan approval for the Christ Fellowship South Campus. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/03/05
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amendment to the Christ Fellowship South Campus conditional use and site plan approval,
located on the South side of Northlake Boulevard approximately one mile West of Military
Trail, as more particularly described herein, to amend certain conditions of approval; and
providing an effective date. The City Clerk read Ordinance 18, 2005 on second reading by
title only and Resolution 83, 2005 by title. The City Clerk also read Ordinance 19, 2005 on
second reading by title only and Resolution 84, 2005 by title. Mayor Russo declared the
public hearing open and called for ex-parte communications since the last meeting.
Councilmember Barnett disclosed she had spoken to Doug Rudy and Joan Altwater.
Councilmember Levy disclosed he had met with the Northlake Coalition, attended by Don
Paulus, Keith Paulus, Joan Elias, Joan Altwater, John Altwater, Skyler Metlis, Metolo Lanier
and her husband, one other person, Doug Rudy and Don Hearing. Councilmember Valeche
reported he had had a couple of conversations with Doug Rudy. Vice Mayor Jablin disclosed
a conversation with Doug Rudy about the hurricane and speaking with Skyler Metlis. Mayor
Russo reported he had spoken to Doug Rudy, possibly Don Hearing, Pastor Mullins, had met
with the Northlake Coalition and most of the people previously named were present, and he
also had met with BallenIsles residents—Roma Joseph and Jake, and others. Vice Mayor
Jablin stated as a point of order that Mayor Russo had opened the public hearing; however,
the hearing had been open and remained open and had been continued. Mayor Russo
responded the hearing had to be re-opened. Donaldson Hearing, representing Christ
Fellowship, requested a one-week postponement and asked Council to consider a special
meeting next Thursday night so that they could continue their discussions with the Northlake
Coalition. Mr. Hearing reported they had met a couple of times and had had very good
discussions, and promised to work as hard as they could to come to an agreement. They had
lost a week because of the hurricane. Mayor Russo requested they work hard on this. Keith
Paulus, 10100 Hunt Club Lane, spoke on behalf of the Northlake Coalition, and asked for a
month. Discussion ensued. Vice Mayor Jablin made a motion to continue the public hearing
for Ordinance 18, 2005, Resolution 83, 2005, Ordinance 19, 2005, and Resolution 84, 2005
to a date certain of November 17, 2005 to be the first item on the agenda. Councilmember
Levy seconded the motion, which carried by unanimous 5-0 vote.
ADDITIONS, DELETIONS, MODIFICATIONS:
Vice Mayor Jablin made a motion to add Resolution 131, 2005 to the agenda. Motion was
seconded by Councilmember Levy and carried by unanimous 5-0 vote.
ITEMS OF RESIDENT INTEREST:
Councilmember Barnett advised she was very, very proud to be a Palm Beach Gardens
resident during Hurricane Wilma and thanked everyone for their work during the storm.
Councilmember Levy reported a Nobel Laureate had joined the faculty at Florida State
University, winner of the Nobel Prize, Sir Harold Croto from Oxford, and there were other
impressive things going on in Florida. Councilmember Valeche reported the residents with
the Lake Park zip code within the city were paying higher insurance rates, and he had spoken
to Tom Gallagher who assured he would personally look into the problem. Vice Mayor
Jablin reported Joel Channing had mentioned a Russian Grand Chess Champion might want
to come live in the City, and asked the Mayor to write a letter inviting him here. The Vice
Mayor also reported he had met with Frenchman’s Creek External Affairs committee
regarding buried power lines, and although the City supported it they really could not do it.
Vice Mayor Jablin reported the City was picking up debris from gated communities and
working on getting FEMA reimbursement. Mayor Russo reported Senator Martinez’s bill on
this for this year had passed; Congressman Shaw had sent a letter to FEMA, and FEMA had
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/03/05
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agreed to come to the City to discuss this matter. The Mayor expressed his opinion that
debris removal and burying power lines were going to be big media issues. The Mayor
reported the County wanted to meet to discuss how the City had been able to handle
hurricane supplies on their own without help from other agencies.
CITY MANAGER REPORT:
Department Presentations: Civil Engineer – Canal Improvements – City Engineer, Todd
Engel provided a presentation, including the history of this program, and reported
completion was expected in 3-1/2 to 4 years from when it was started; the project was now in
year two.
The City Manager reported on the amount of debris that had been picked up to date and
announced there was a current debris removal map on the City’s website, which would be
updated at least every other day.
COMMENTS FROM THE PUBLIC:
Tom DeRita, 5770 Whirl Away Road, reported the Big Heart Brigade would provide 50,000
meals this year for Thanksgiving, and would deliver 5,000 meals to Mississippi and the Gulf
Coast. This year on November 16 from 5:30 to 9:30 the Taste of the Palm Beaches would be
held, with 21 chefs participating. The $25 fee would go to Big Heart Brigade. Carolyn
Chaplik, The Isles HOA President, thanked City staff for debris pickup from the hurricane.
Joan Elias, 1009 Diamond Head Way, thanked City staff for their wonderful work in
cleaning up the City. Pat Hughey, Palm Beach Square, also thanked City Staff for their work
during the hurricane and for the cleanup. Ms. Hughey expressed a desire to find another
place for children to play other than in the streets. Ms. Hughey reported she had a new
neighbor from Hungary and was looking for someone who spoke Hungarian to communicate
with the family. Amir Kanel, Man-O-War Road, President of the Steeplechase HOA,
thanked the City for the debris pickup. Marilyn Jacobs, 16 Bermuda Lake Drive, expressed
pleasure for the quick cleanup, and in her position as Supervisor of the Northern Palm Beach
County Improvement District expressed appreciation for the coordination between the City
and the District. Ms. Jacobs as a former member of the Blue Ribbon Committee thanked the
western communities for paying taxes for improvements within the inner city. Vice Mayor
Jablin thanked Marilyn Jacobs and her husband for putting up his family during the
hurricane and to Joan Elias for putting him up.
CONSENT AGENDA: Vice Mayor Jablin made a motion to approve the Consent Agenda.
Councilmember Valeche expressed appreciation to Ed Gruvman for his business practices
and community spirit. Councilmember Levy reported Mr. Gruvman was very active in the
schools and in Kiwanis. Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote.
a. Approve Minutes from the September 29, 2005 regular City Council meeting.
b. Approve Minutes from the October 6, 2005 regular City Council meeting.
c. Resolution 165, 2005 - Nutrition S’Mart – Special Event Application. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving a fourth
special event permit for Nutrition S’Mart, located on the Northeast corner of the
Intersection of Keating Drive and Northlake Boulevard, as more particularly
described herein; and providing an effective date.
d. Proclamation – National GIS Day
e. Proclamation – World Planning Day
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/03/05
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RESOLUTIONS:
Resolution 113, 2005 - Agreement for Professional Engineering and Surveying Services. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
agreement for Professional Engineering Services between the City of Palm Beach Gardens
and LBFH, Inc.; approving work authorization CS-0001 for City Engineer Services for FY
05-06; and providing an effective Date. City Engineer Dan Clark provided a presentation,
and requested a 3-year agreement to keep rates lower. Vice Mayor Jablin moved approval of
Resolution 113, 2005. Councilmember Levy seconded the motion, which carried by
unanimous 5-0 vote.
Resolution 131, 2005 - Declaring certain items of public property as surplus property. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida declaring certain
items of public property as surplus property; authorizing the donation of such surplus
property to other governmental entities impacted by Hurricane Katrina; alternatively
authorizing sale by auction; providing an effective date. Vice Mayor Jablin moved approval
of Resolution 131, 2005. Councilmember Levy seconded the motion. Councilmember
Barnett expressed concern whether the City could afford to give away $50,000, and reported
she had been concerned that key personnel might have been gone during the hurricane; the
City Manager indicated the team’s assessment would be reported. Councilmember Levy and
the Vice Mayor expressed full support to provide this help to others less fortunate. Motion
carried by unanimous 5-0 vote.
ITEMS FOR COUNCIL ACTION/DISCUSSION:
Charter Review Committee - Councilmember Barnett reported she had re-evaluated her
position and felt it was fine to move forward with the 17 current applicants, and asked if the
members had ever been picked by district as the County had done. Discussion ensued
regarding picking the members. Consensus was that each Councilmember would assign each
applicant a number from one to seven, and the seven applicants with the highest scores
would become the committee members. This item was delayed to the next meeting.
Discussion of Ordinance 17, 2004 relating to Boards and Committees, Council Liaisons,
Appointments and Re-appointments – Consensus was to add council liaisons back for all
boards except Planning Zoning & Appeals, and remove the language that staff would make
the board member recommendations. Mayor Russo requested to go back to the procedure of
Councilmembers coming in and going over the agenda with staff before each council
meeting. Changes to the ordinance and the role of liaisons were clarified for the City
Attorney. Councilmember Barnett suggested adding a Transportation Committee. Mr. Wu
advised there was $30,000 in the budget for a transit study and recommended proceeding
with that study before adding a committee. Other recommendations were to get a trolley
system going for PGA Boulevard and possibly Northlake Boulevard, to partner with the
business community for possible help with funding, and that members of the Transportation
committee be from the business community. Mayor Russo expressed his opinion that in
addition to Council liaisons, whose role would be to observe and communicate, each board
and committee should also have a staff member assigned, usually a department head. The
City Attorney indicated she would draft an ordinance for Council consideration.
ADDITIONAL ITEM: Vice Mayor Jablin asked if the City should express its concern that
a Tri Rail station would be delayed to 2015. Mayor Russo expressed his opinion that the City
should support Commissioner Marcus, who was spearheading this matter. Discussion
CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/03/05
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ensued. Mayor Russo indicated he would speak to Commissioner Marcus and ask how the
City could be proactive.
ADJOURNMENT
There being no further business to discuss, the meeting was adjourned at 9:20 p.m.
APPROVAL: ____________________________________
MAYOR RUSSO
____________________________________
VICE MAYOR JABLIN
____________________________________
COUNCILMEMBER LEVY
____________________________________
COUNCILMEMBER VALECHE
____________________________________
COUNCILMEMBER BARNETT
ATTEST:
____________________________________
PATRICIA SNIDER, CMC
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: 1 1 /I 4/05
Meeting Date: 12/1/05
Resolution: 174, 2005
SubjectlAgenda Item: Approving the Disaster Relief Funding Agreement with the State of
Florida , Department of Community Affairs and authorizing the City Manager or his
designee to execute said Agreement and any other documents relating to such Agreement.
[ X ] Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by:
i City Attorney
Finance Director
Allan Owens
Department Director
Originating Dept.:
Financ a
Advertised:
Date:
Paper:
[ x ] Not Required
Affected parties
wied
[ x 1 Not required
Costs: $ nla
(Total)
$ nla
Current FY
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 174, 2005
Disaster Relief Funding
Agreement for
Hurricane Wilma
FEMA-1609-DR-FL
[ ]None
Date Prepared: 1 1 /I 4/05
Meeting Date: 12/1/05
Resolution 174,2005
BACKGROUND:
Hurricane Wilma beginning October 21, 2005, and thereafter, had a devastating
impact upon the State of Florida. The severity of the damage and losses resulted in a
proclamation of emergency by the Governor in Executive Order 05-219. In
consequence of the Event, the President of the United States on October 24, 2005,
declared Major Disaster No. FEMA-1609-DR-FL in multiple counties in the State of
Florida. As a result, The Public Assistance Program was made available to eligible
applicants. This funding agreement will provide funds for eligible disaster relief
activities described in approved Project Worksheets.
Additionally, Resolution 174, 2005 authorizes the City Manager or his designee as
the authorized agent. The authorized agent (also referred to as the Primary Agent) is
the person responsible for signing all official documentation ( request for payment,
time extension request, certification of Project Listings, etc.) and ensures
documentation is available for final inspection and audit.
STAFF RECOMMENDATION: Approval of Resolution 174,2005
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Date Prepared: November 14,2005
RESOLUTION 174,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING THE CITY MANAGER
TO EXECUTE A DISASTER RELIEF FUNDING AGREEMENT WITH
THE STATE OF FLORIDA, DEPARTMENT OF COMMUNITY
AFFAIRS, FOR DISASTER RELIEF AS A RESULT OF HURRICANE
WILMA AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, beginning October 21, 2005, Hurricane Wilma had a devastating
impact on the State of Florida, resulting in a proclamation of emergency by the Governor;
and thereafter, the President of the United States declared multiple Florida counties a
major disaster; and
WHEREAS, the Public Assistance Program is being made available to eligible
applicants in the declared disaster counties; and
WHEREAS, the City of Palm Beach Gardens is eligible to receive such funds; and
WHEREAS, the Disaster Relief Funding Agreement has been prepared and is
attached hereto; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby accepts and approves the Disaster Relief
Funding Agreement with the State of Florida, Department of Community Affairs, for
disaster relief funding and hereby authorizes the City Manager to execute the Agreement.
SECTION 3. This Resolution shall become effective immediately upon adoption.
Date Prepared: November 14,2005
Resolution 174,2005
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PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
G:\attomey-share\RESOLUTlONS\disaster relief funding agrnt-WILMA - reso 174 2005.doc
2
STATE OF FLORIDA
Department of Community Affairs
DISASTER RELIEF FUNDING AGREEMENT
Agreement No. 06-??-??-I 0-60-00-651
CFDA No. 97.036
Subgrantee: Palm Beach Gardens, City of
FIPS No. 099-54075-00
This Agreement is between the State of Florida, Department of Community Affairs (hereinafter referred to as
the “Grantee” and, the undersigned State Agency, political subdivision of the State, private nonprofit organizations,
or federally recognized Indian Tribes or authorized tribal organizations (hereinafter referred to as the “Subgrantee”).
This Agreement is based on the existence of the following facts and conditions:
A.
impact upon the State of Florida. The severity of the damage and losses resulted in a proclamation of
emergency by the Governor in Executive Order 05-219. In consequence of the Event, the President of the
United States on October 24,2005, declared Emergency No. FEMA- 1609-DR-FL in Brevard, Broward,
Charlotte, Collier, Desoto, Glades, Hardee, Hendry, Highlands, Indian River, Lee, Martin, Miami-Dade,
Monroe, Okeechobee, Osceola, Palm Beach, Polk, Sarasota and St. Lucie counties in the State of Florida.
Additional counties may be added to the declaration later. As a result, the Public Assistance Program was
made available to eligible applicants in these Declared counties; and,
WHEREAS, Hurricane Wilma the event beginning October 21, 2005, and thereafter, had a devastating
B. WHEREAS, the FEMA-State Agreement dated November 1,2005 between the State of Florida and the
Federal Emergency Management Agency governing the use of such funds requires the State to share the costs
eligible for federal financial assistance, and the State has undertaken to share those costs, as appropriated, with
its Subgrantees; and,
C. WHEREAS, the Grantee represents that it is fully qualified and eligible to receive these grant funds to
provide the services identified herein and agrees to comply with all the requirements of this Agreement; and,
D.
and has the authority, under Section 252.373, Florida Statute to disburse these funds to the Subgrantees upon
the terms and conditions hereinafter set forth; and,
WHEREAS, the Grantee receives these grant funds from the State of Florida and the federal government,
E.
necessary funds and authority for this event. Under the Emergency Management Act, as amended, the
Department has authority to administer federal financial assistance from the Federal Emergency Management
Agency consequent to a presidential declaration of disaster.
WHEREAS, a Budget Amendment has been prepared and is being considered to provide for the
NOW, THEREFORE, the Grantee and Subgrantee, based upon the existence of the foregoing conditions,
do further agree to the following:
ARTICLE I. Definitions. As used in this Agreement, the following terms shall have the following meanings
unless another meaning is specified elsewhere:
A.
Stafford Disaster Relief and Emergency Assistance Act, Public Law 93-288, as amended by Public Law 100-
707; 44 Code of Federal Regulations Part 206.35; and applicable policies of the Federal Emergency
Management Agency.
“Eligible activities” are those activities authorized in the FEMA-State Agreement, and in the Robert T.
1
B. "FEMA-State Agreement" is the agreement dated November 1,2005, between the Federal Emergency
Management Agency and the State of Florida, for the Major Disaster No. FEMA-1609-DR-FL.
ARTICLE 11. ADDlicable Law. The parties agree to all the conditions, obligations, and duties imposed by
the FEMA-State Agreement and all applicable state and federal legal requirements including, without any limitation
on the generality of the foregoing, the requirements of 44 Code of Federal Regulations Parts 13 and 206, and the
policies of the Federal Emergency Management Agency.
ARTICLE 111. Funding and Insurance. Grantee shall provide funds to the Subgrantee for eligible activities
for the projects approved by the Grantee and the Federal Emergency Management Agency, as specified in the
approved Project Worksheets. Allowable costs shall be determined as per 44 Code of Federal Regulations Parts 13
and 206, which shall be seventy five (75) percent of all eligible costs unless a higher percentage is approved.
A. The approved Project Worksheets shall be transmitted to Subgrantee, and shall state the cumulative
funding allowed, the scope of the eligible project, and the costs eligible under this Agreement. Project
Worksheets may obligate or deobligate funding, thereby amending the total funding for the project. The
approved Project Worksheets shall document the total eligible costs and the total federal share of those costs,
which shall be seventy five (75) percent of all eligible costs, unless a higher percentage is approved.
Contingent upon an appropriation by the Florida Legislature, the Grantee may provide some portion of any
nonfederal share for some subgrantees. As a condition of receipt of the federal funding? the Subgrantee agrees
to provide any nonfederal share not paid by the Grantee.
B.
funds otherwise payable to Subgrantee from any disbursement to Grantee upon a determination by Grantee or
Federal Emergency Management Agency that funds exceeding the eligible costs have been disbursed to
Subgrantee pursuant to this Agreement or any other funding agreement administered by Grantee.
C. As a further condition to funding under this Agreement, the Subgrantee agrees to procure insurance
sufficient for the type or types of hazards for which the disaster was declared to cover any and all projects to be
funded under this Agreement where insurance is available and reasonable. Subgrantee shall provide Grantee
with a certificate of such insurance as a condition to funding under this Agreement.
As a condition to funding under this Agreement, the Subgrantee agrees that the Grantee may withhold
ARTICLE IV. DuDlication of Benefits Prohibition. Subgrantee may not receive funding under this
Agreement to pay for damage covered by insurance, nor may Subgrantee receive any other duplicate benefits under
this Agreement.
A. Subgrantee shall without delay advise Grantee of any insurance coverage for the damage identified on the
applicable Project Worksheets and of any entitlement to compensation or indemnification from such insurance.
Subgrantee shall reimburse Grantee without delay for any duplicate benefits Subgrantee may receive from any
other source for any damage identified on the applicable Project Worksheets for which Subgrantee has
received payment from Grantee, to the extent of any such duplication.
B.
execution of this Agreement the Subgrantee gives Grantee or the Chief Financial Officer-Department of
Financial Services of the State of Florida the authority to set off the sum of any such duplicate benefits by
withholding it from any other funds otherwise due and owing to Subgrantee.
In the event that Grantee should determine that Subgrantee has received duplicate benefits, by its
ARTICLE V. ComDliance with Environmental, Planninp and Permittinp Laws. Subgrantee shall be
responsible for the implementation and completion of the approved projects described in the Project Worksheets in a
2
manner acceptable to Grantee, and in accordance with applicable legal requirements. The contract documents for
any project undertaken by Subgrantee, and any land use permitted by or engaged in by Subgrantee, shall be
consistent with the local government Comprehensive Plan. Subgrantee shall ensure that any development or
development order complies with all applicable planning, permitting and building requirements. Subgrantee shall
engage such competent engineering, building, and other technical and professional assistance at all project sites as
may be needed to ensure that the project complies with the contract documents.
ARTICLE VI. Rewired Documentation, Reviews, and Inspections. Subgrantee shall create and maintain
documentation of work performed and costs incurred on each project identified in a Project Worksheet sufficient to
permit a formal audit comporting with ordinary, customary and prudent public accounting requirements. Upon the
failure of Subgrantee to create and maintain such documentation, Grantee may terminate further funding under this
Agreement, and Subgrantee shall reimburse to Grantee all payments disbursed earlier to Subgrantee, together with
any and all accrued interest.
A.
this declaration is $55,500), which can be found at www.floridapa.org
Subgrantee shall submit the following documentation for Large Projects (the Large Project threshold for
1. Request for Reimbursement
2.
3.
4.
5.
A Summary of Documentation, which shall be supported by original documents such as contract
documents, invoices, purchase orders, and change orders;
A request for final inspection;
A signed Project Completion and Certification Report upon the completion of all projects; and
The Project Completion and Certification Report specified by Paragraph B of this Article.
B.
was performed in accordance with this Agreement and the requirements in each Project Worksheet, and shall
state the date of completion.
For all projects, Subgrantee shall state on the "Project Completion and Certification Report" that all work
C.
Projects, to ensure that all work has been performed within the scope of work specified on the Project
Worksheets. Costs not within the approved scope of work shall not be reimbursed.
Grantee will inspect Small Projects by random selection, and will conduct the final inspections on Large
ARTICLE VII. Cost Sharinp. The federal share of the eligible costs specified in the Project Worksheets
under this Agreement shall be seventy five (75) percent of such costs, unless a higher percentage is approved, and
the nonfederal share shall be the remaining amount. Payment of all or a specified portion of the nonfederal share of
such costs is contingent upon a potential future State appropriation defining the apportionment of the nonfederal
share. Administrative costs in addition to the Project Worksheets that are otherwise eligible under 44 Code of
Federal Regulations Part 206.228and do not require matching funds may also be funded by FEMA.
ARTICLE VIII. Pavment of Costs. Grantee shall disburse the eligible costs to Subgrantee in accordance
with the following procedures.
A. Grantee shall disburse the federal and nonfederal shares of the eligible costs for Small Projects to
Subgrantee as soon as practicable after execution of this Agreement and formal notification by the Federal
Emergency Management Agency of its approval of the pertinent Project Worksheet.
B.
Projects as soon as practicable after Subgrantee has delivered the following documents to Grantee:
Grantee shall reimburse Subgrantee for the federal and nonfederal shares of the eligible costs for Large
1.
2.
A Request for Reimbursement found at www.floridapa.org
A Summary of Documentation shall be supported by original documents such as contract
documents, invoices, purchase orders, and change orders and is also available at
3
www.floridapa.org:; and,
A letter or notification certifying that the reported costs were incurred in the performance of eligible
work.
3.
C.
Subgrantee meets the following conditions:
Grantee may advance funds under this Agreement to Subgrantee not exceeding the federal share if
1.
2.
Subgrantee shall certify to Grantee that Subgrantee has procedures in place to ensure that funds are
disbursed to project vendors, contractors, and subcontractors without unnecessary delay;
Subgrantee shall submit to Grantee the budget supporting the request;
3.
4.
5.
Subgrantee shall submit a statement justifying the advance and the proposed use of the funds, and
specifying the amount of funds requested;
Subgrantee shall submit a completed Request for Advance and Schedule of Projected Expenditures
Subgrantee shall pay over to Grantee any interest earned on advances for remittance to the Federal
Emergency Management Agency as often as practicable, and in any event not later than ten (10)
business days after the close of each calendar quarter.
Forms which is also available at www.floridapa.org; and,
D.Grantee may, in its discretion, withhold its portion of the nonfederal share of funding under this Agreement
from Subgrantee if Grantee has reason to expect a subsequent unfavorable determination by the Federal
Emergency Management Agency that a previous disbursement of funds under this Agreement was improper.
ARTICLE IX. Final Pavment. Grantee shall disburse the final payment to Subgrantee upon the performance
of the following conditions:
A. Subgrantee shall have completed the project;
B. Subgrantee shall have submitted the documentation specified in Articles VI and VI11 of this Agreement;
C.
D.
or Grantee shall have performed a final inspection; and,
In the case of Large Projects, the Grantee shall have performed the final inspection;
In the case of Small Projects, the Project Listing and Certification shall have been reviewed by Grantee,
E. Subgrantee shall have requested final reimbursement.
ARTICLE X. Records Maintenance. The funding of eligible costs under this Agreement and the
performance of all other conditions shall be subject to the following requirements, in addition to such other and
further requirements as may be imposed by operation of law:
A.
Governments,” as codified in 44 Code of Federal Regulations Part 13, as amended;
The “Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local
B.
Governments,” as amended;
Office of Management and Budget Circular No. A-87, “Cost Principles for State and Local
C.
Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Non-Profit
Organizations,” as amended; and
Office of Management and Budget Circular No. A-1 10, “Uniform Administrative Requirements for
D. Office of Management and Budget Circular No. A-1 22, “Cost Principles for Non-Profit Organizations,”
4
as amended.
E.
the occurrence of the following events, whichever is the later:
Subgrantee will maintain all documentation concerning the projects funded under this Agreement until
1.
2.
The completion of final inspection and final audit, and the final resolution of any issues identified in
the same; or,
The expiration of five (5) years from the date of disaster closeout under this Agreement.
F.
and accessible to the Comptroller General of the United States, the Grantee, and the Federal Emergency
Management Agency between 8:OO a.m. and 5:OO p.m. on weekdays other than official holidays.
Subgrantee shall make all documentation concerning the projects funded under this Agreement available
ARTICLE XI. Reimbursement of Funds. If upon final inspection, final audit, or other review by Grantee,
the Federal Emergency Management Agency or other authority determines that the disbursements to Subgrantee
under this Agreement exceed the eligible costs, Subgrantee shall reimburse to Grantee the sum by which the total
disbursements exceed the eligible costs within forty-five (45) days from the date Subgrantee is notified of such
determination.
ARTICLE XII. Audit. Subgrantee shall submit an Audit of Agreement Compliance to Grantee, and shall
have an independent audit performed by a Certified Public Accountant if its total expenditures of federal financial
assistance for the most recent fiscal year equal or exceed $500,000.00.
A. Subgrantee will conduct the audit in accordance with the following requirements:
1. The standards established by the Comptroller General of the United States, as specified in the
General Accounting Office Standards for Audit of Governmental Organizations, Programs,
Activities and Functions;
The standards established by the American Institute of Certified Public Accountants;
The requirements of $ 11.42, Florida Statute, and the Rules of the Auditor General;
The requirements of the Single Audit Act of 1984, Pub. L. 98-502, as amended, 31 U.S.C. $$7501-
7507, to the extent here applicable; and,
Office of Management and Budget Circular No. A-133, as amended, to the extent here applicable.
2.
3.
4.
5.
B.
Subgrantee is a private nonprofit organization, it shall submit an organization-wide audit.
C.
except where Grantee and Subgrantee have mutually agreed upon another date.
D.
Agency may determine necessary to determine the adequacy, accuracy, and reliability of the internal
procedures
Subgrantee has in place to protect its assets and to ensure compliance with this Agreement.
E.
costs identified in an audit after such closeout.
The audit shall be identified by the serial contract identification number for this Agreement. If the
The audit shall be due not later than seven (7) months after the close of the fiscal year for Subgrantee
Subgrantee shall conduct such additional audits as Grantee or the Federal Emergency Management
If this Agreement is closed out without an audit, Grantee may recover from Subgrantee any disallowed
ARTICLE XIII. Noncompliance. If the Subgrantee violates this Agreement or any legislation, regulation,
statute, rule or other legal requirement applicable to the performance of this Agreement, the Grantee may withhold
any disbursement otherwise due Subgrantee for the project with respect to which the violation has occurred until the
violation is cured or has otherwise come to final resolution. If the violation is not cured, Grantee may terminate this
5
Agreement and invoke its remedies under the Agreement as per Articles XVIII and XXIII of this Agreement.
ARTICLE XIV. Nondiscrimination bv Contractors. Subgrantee shall undertake an active program of
nondiscrimination in its administration of disaster assistance under this Agreement, as per 44 Code Federal
Regulatons Parts 7 and 16, and 44 Code of Federal Regulations Part 206.36. Subgrantee shall also be subject to the
requirements in the General Services Administrative Consolidated List of Debarred, Suspended and Ineligible
Contractors, in accordance with 44 Code of Federal Regulations Part 17.
ARTICLE XV. Modification. The time for performance of this Agreement may be extended once unless the
failure of Subgrantee to close out the project is caused by events beyond its control. A modification extending the
time for completion of the project and any other modification shall be in writing, and shall take effect only upon
execution by both parties. Modifications to any Project Worksheet to be funded under this Agreement may be
requested by Subgrantee through Grantee, but the approval of any such modifications shall reside in the sole
discretion of the Federal Emergency Management Agency. Any approved modification to a Project Worksheet shall
be noted in an additional Project Worksheet version for the project. If otherwise allowed under this Agreement, any
extension shall be in writing and shall be subject to the same terms and conditions as those set out in the initial
Agreement.
ARTICLE XVI. Time for Performance. Time shall be of the essence of this Agreement and of the
performance of all conditions under it. Subject to any modification extending the time for the performance of this
Agreement approved by Grantee or the Federal Emergency Management Agency, the time for the completion of
emergency work shall be six (6) months from the date of the Presidential Declaration. For Large Projects the
Summary of Documentation and the supporting documents identified in Article VI of this Agreement shall be
submitted to the Grantee not later than sixty (60) days after the extension date of the last modification extending the
Agreement. Subgrantee shall submit the completed Project Listing to Grantee not later than thirty (30) days from
the completion of all work, or the approval of the Final Inspection by the Federal Emergency Management Agency,
whichever is later. The time for the performance of this Agreement may be extended for cause by Grantee.
Extensions shall not be approved for delays caused by lack of cost-share funding. If any extension request is denied,
Subgrantee shall be reimbursed for eligible project costs incurred up to the latest approved date for timely
completion. Failure to complete any project will be adequate cause for the termination of funding for that project.
ARTICLE XVII. Contracts With Others. If the Subgrantee contracts with any other contractor or vendor
for performance of all or any portion of the work required under this Agreement, the Subgrantee shall incorporate
into its contract with such contractor or vendor an indemnification clause holding Grantee and Subgrantee harmless
from liability to third parties for claims asserted under such contract.
ARTICLE XVIII. Termination. Either of the parties may terminate this Agreement by notice in writing
delivered to the address specified in Article XXV of this Agreement. Such termination shall take effect thirty (30)
days afier the date of such notice. Such termination shall not affect the rights, interests, duties or responsibilities of
either of the parties or any allowable costs that have accrued as of the date of the notice of termination.
ARTICLE XIX. Liabilitv. Grantee assumes no liability to third parties in connection with this Agreement.
Unless the Subgrantee is a governmental entity covered by
solely responsible to any and all contractors, vendors, and other parties with whom it contracts in performing this
Agreement. Unless the Subgrantee is a governmental entity within the meaning of the preceding sentence,
Subgrantee shall indemnify Grantee from claims asserted by third parties in connection with the performance of this
Agreement, holding Grantee and Subgrantee harmless from the same. Also:
768.28(5), Florida Statute, the Subgrantee shall be
A. For the purpose of this Agreement, the Grantee and Subgrantee agree that neither one is an employee or
6
agent of the other, but that each one stands as an independent contractor in relation to the other.
B.
immunity, nor shall anything in this Agreement be construed as consent by either of the parties to be sued by
third parties in connection with any matter arising from the performance of this Agreement.
Nothing in this Agreement shall be construed as a waiver by Grantee or Subgrantee of any legal
C.
are present in quantities within statutory and regulatory limitations, and do not require remedial action under
any federal, state or local legal requirements concerning such substances. Subgrantee further represents that
the presence of any such substance or any condition at the site caused by the presence of any such substance
shall be addressed in accordance with all applicable legal requirements.
Subgrantee represents that to the best of its knowledge any hazardous substances at its project site or sites
ARTICLE XX. ReDorts. Subgrantee shall provide Quarterly Reports to Grantee, on the Quarterly Report
Form conforming to the sample attached as Attachment E. The first Quarterly Report shall be due at such time as
Subgrantee is notified. All subsequent Quarterly Reports shall be due no later than fifteen (15) days after each
calendar quarter through final inspection. Quarterly Reports shall indicate the anticipated completion date for each
project, together with any other circumstances that may affect the completion date, the scope of work, the project
costs, or any other factors that may affect compliance with this Agreement. Interim inspections shall be scheduled
by Subgrantee before the final inspection, and may be required by Grantee based on information supplied in the
Quarterly Reports. Grantee may require additional reports as needed, and Subgrantee shall provide any additional
reports requested by Grantee as soon as practicable. With respect to the Request for Advance or Reimbursement,
the Summary of Documentation, and the Quarterly Reports, the contact for Grantee will be the State Public
Assistance Officer.
ARTICLE XXI. Standard Conditions. Subgrantee agrees to the following conditions:
A. The performance and obligation of Grantee to pay under this Agreement is contingent upon an annual
appropriation by the Legislature and is subject to any modification in accordance with Chapter 216, Florida
Statute, and the disbursement to Grantee of federal funding in accordance with 8 252.37(4), Florida Statute
B.
proper pre-audit and post-audit.
C.
subcontractors to allow public access to all documents, papers, letters or other material subject to the
provisions of Chapter 119, Florida Statute, that are made or received by Subgrantee or its contractors and
subcontractors in connection with this Agreement.
Bills for fees or other compensation for services or expenses must be submitted in detail sufficient for a
Grantee may unilaterally terminate this Agreement for refusal by the Subgrantee or its contractors or
D. Subgrantee agrees that no funds disbursed to it under this Agreement will be used for the purpose of
lobbying the Legislature or any of its members, any employee of the State of Florida, any Member of
Congress, any officer or employee of Congress, or any employee of a Member of Congress, in connection with
this Agreement or any modifications to this Agreement.
E. Subgrantee certifies that it possesses the legal authority to receive the funds.
F.
further agrees that noncompliance with this Agreement shall be cause for the rescission, suspension or
termination of funding under this Agreement, and may affect eligibility for funding under future Subgrantee
Agreements.
G.
accordance with Section 112.061, Florida Statute
Subgrantee agrees that responsibility for compliance with this Agreement rests with Subgrantee, and
If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in
7
H. The State of Florida will not intentionally award publicly-funded contracts to any contractor who
knowingly employs unauthorized alien workers, constituting a violation of the employment provisions
contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act (“INA”)].
The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section
274A(e) of the INA. Such violation by the Subgrantee of the employment provisions contained in Section
274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department.
I. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public
entity crime or on the discriminatory vendor list may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to a public entity, may not
be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a
public entity, and may not transact business with any public entity in excess of Category Two for a period of
36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list.
J. The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336,42
U.S.C. Section 12101 et), if applicable, which prohibits discrimination by public and private entities on
the basis of disability in the areas of employment, public accommodations, transportation, State and local
government services, and in telecommunications.
K. With respect to any Subgrantee which is not a local government or state agency, and which receives funds
under this Agreement from the federal government, by signing this Agreement, the Subgrantee certifies, to the
best of its knowledge and belief, that it and its principals:
ineligible, or voluntarily excluded from covered transactions by a federal department or agency;
had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under
public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
governmental entity (federal, state or local) with commission of any offenses enumerated in paragraph 20(h)2.
of this certification; and
public transactions (federal, state or local) terminated for cause or default.
Subgrantee shall attach an explanation to this Agreement.
completed “Certification Regarding Debarment, Suspension, Ineligibility And Voluntary Exclusion” for each
prospective subcontractor which Subgrantee intends to fund under this Agreement. Such form must be
received by the Department prior to the Subgrantee entering into a contract with any prospective subcontractor.
1. are not presently debarred, suspended, proposed for debarment, declared
2. have not, within a five-year period preceding this proposal been convicted of or
3. are not presently indicted or otherwise criminally or civilly charged by a
4. have not within a five-year period preceding this Agreement had one or more
Where the Subgrantee is unable to certify to any of the statements in this certification, such
In addition, the Subgrantee shall submit to the Department (by email or by facsimile transmission) the
L. The validity of this Agreement is subject to the truth and accuracy of all the information,
representations, and materials submitted or provided by the Subgrantee in this Agreement, in any subsequent
submission or response to Department request, or in any submission or response to fulfill the requirements of
this Agreement, and such information, representations, and materials are incorporated by reference. The lack
of accuracy thereof or any material changes shall, at the option of the Department and with thirty (30) days
written notice to the Subgrantee, cause the termination of this Agreement and the release of the Department
from all its obligations to the Recipient.
M This Agreement shall be construed under the laws of the State of Florida, and venue for any
actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any
applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to
the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this
Agreement.
8
N. The Recipient certifies, by its signature to this Agreement, that to the best of his or her
knowledge and belief:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any Federal contract, the making of any Federal grant, the making of any
Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan or cooperative agreement.
to any person for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit
Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants,
loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this
transaction was made or entered into. Submission of this certification is a prerequisite for making or entering
into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such
failure.
2. If any funds other than Federal appropriated funds have been paid or will be paid
ARTICLE XXII. Term. This Agreement shall take effect upon its execution by both parties, and shall
terminate upon approval of closeout by the Federal Emergency Management Agency, unless terminated earlier as
specified elsewhere in this Agreement. Subgrantee shall commence project(s) specified by this Agreement without
delay.
ARTICLE XXIII. Events of Default, Remedies, and Termination.
A. Upon the occurrence of any one or more of the following events, all obligations of Grantee to disburse
further funds under this Agreement shall terminate at the option of Grantee. Notwithstanding the preceding
sentence, Grantee may at its option continue to make payments or portions of payments after the occurrence of
any one or more such events without waiving the right to exercise such remedies and without incurring liability
for further payment. Grantee may at its option terminate this Agreement and any and all funding under this
Agreement upon the occurrence of any one or more of the following:
1. Any representation by Subgrantee in this Agreement is inaccurate or incomplete in any material
respect, or Subgrantee has breached any condition of this Agreement or any previous agreement with
Grantee and has not cured in timely fashion, or is unable or unwilling to meet its obligations under this
Agreement ;
Subgrantee suffers any material adverse change in its financial condition while this Agreement is in
effect, as compared to its financial condition as represented in any reports or other documents
submitted to Grantee, if Subgrantee has not cured the condition within thirty (30) days after notice in
writing from Grantee;
Any reports required by this Agreement have not been submitted to Grantee or have been submitted
with inaccurate, incomplete, or inadequate information; or,
The monies necessary to fund this Agreement are unavailable due to any failure to appropriate or other
action or inaction by the Congress, Legislature, Office of the Comptroller or Office of Management
and Budget.
2.
3.
4.
B.
writing to Subgrantee to cure its failure of performance if such failure may be cured. Upon the failure of
9
Upon the occurrence of any one or more of the foregoing events, Grantee may at its option give notice in
Subgrantee to cure, Grantee may exercise any one or more of the following remedies:
1. Terminate this Agreement upon not less than fifteen (1 5) days notice of such termination by certified
letter to the Subgrantee at the address specified in Article XXV of this Agreement, such notice to take
effect when delivered to Subgrantee;
Commence a legal action for the judicial enforcement of this Agreement;
Withhold the disbursement of any payment or any portion of a payment otherwise due and payable
under this agreement or any other agreement with Subgrantee; and,
Take any other remedial actions that may otherwise be available under law.
2.
3.
4.
C.
performance of any Agreement condition or obligation, or for noncompliance with any applicable legal
requirement.
Grantee may terminate this Agreement for any misrepresentation of material fact, for failure or non-
D.
addressed in accordance with the regulations of that Agency.
Any deobligation of funds or other determination by the Federal Emergency Management Agency shall be
E.
all funds disbursed to Subgrantee under this Agreement.
Upon the rescission, suspension or termination of this Agreement, the Subgrantee shall refund to Grantee
F.
or for adjudication of rights, interests, or duties of the parties to it shall lie in Leon County, State of Florida.
G.
termination of this Agreement by Grantee shall not relieve Subgrantee of liability to Grantee for the restitution of
funds advanced to Subgrantee under this Agreement, and Grantee may set off any such funds by withholding
future disbursements otherwise due Subgrantee under this Agreement or any other Agreement until such time as
the exact amount of restitution due Grantee from Subgrantee is determined. In the event the Federal Emergency
Management Agency should deobligate funds formerly allowed under this Agreement or under any other
Agreement funded by the Agency and administered by Grantee, then Subgrantee shall immediately repay such
funds to Grantee. If the Subgrantee fails to repay any such funds, then Grantee may recover the same from
funding otherwise due Subgrantee.
The venue of any action or proceeding by either Grantee or Subgrantee for enforcement of this Agreement
Notwithstanding anything to the contrary elsewhere in this Agreement, the rescission, suspension or
10
Subgrantee: Disaster #: 1609
ARTICLE XXIV. Attachments.
A.
fully in the text of the Agreement itself.
All attachments to this Agreement if any are incorporated into this Agreement by reference as if set out
B.
the language of the Attachments shall be controlling, but only to the extent of such inconsistencies.
In the event of any inconsistencies between the language of this Agreement and the Attachments to it if any,
Note: All other grant administrative and electronic forms will be provided by Grantee as necessary or
posted on the Department of Emergency Management website: www.floridapa.org.
ARTICLE XXV. Notice and Contact. All notices under this Agreement shall be in writing and shall be
delivered by Internet, by telefacsimile, by hand, or by certified letter to the following respective addresses.
FOR THE GRANTEE:
W. Craig Fugate, Director
Division of Emergency Management
Department of Community Affairs
2555 Shumard Oak Blvd
Tallahassee, Florida 32399-2100
FOR THE SUBGRANTEE: Ron Ferris
ARTICLE XXVI. Designation of Agent. Subgrantee hereby designates Allan Owens
as its primary agent, and designates
for Advance or Reimbursement, certification, or other necessary documentation.
MY A~&?rson-Pickle as its alternate agent, to execute any Request
IN WITNESS HEREOF, the Grantee and Subgrantee have executed this Agreement:
FOR THE GRANTEE:
DEPARTMENT OF COMMUNITY AFFAIRS,
State of Florida, By:
FOR THE SUBGRANTEE:
Ron Ferris
(Printed Name)
W. Craig Fugate, Director
Division of Emergency Management
(Signed Name)
City Manaqer
(Title)
(Date)
Public Assistance Roeram
(Date)
Federal Employer Identification Number (FEIN)
59-6045863
11
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November IO, 2005
Meeting Date: December 1, 2005
SubjecUAgenda Item: Consider approval of Change Order No. 1 with Total
Maintenance Building Services, Inc. for landscape maintenance services at various City
parks.
[XI Recommendation to APPROVE r 1 Recommendation to DENY
Reviewed by:
City Attorney
1 cr6
Finance A istrator &-
Administrator
Department Director
\\e\-%-- 0%
A)* City
Originating Dept.:
Angela Wong P
Operations Manager
Advertised: NIA
Date:
Paper:
[XI Not Required
Affected parties
[XNotified
[ ] Not required
Costs: $97505.00
(Total)
$97,505.00
Current FY
Funding Source:
[ X ] Operating
[ ]Other
Budget Acct.#:
001.2080.519.3400
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
0 Change Order No. 1
with Total
Maintenance
[ ]None
Date Prepared: November IO, 2005
Meeting Date: December 1, 2005
BACKGROUND: The proposed Change Order No.1 to the City’s existing annual mowing contract
with Total Maintenance Building Services, Inc. is necessary to compensate the Parks Division for
the transfer of two personnel to the Grounds Maintenance Division for irrigation services.
Assignment of these services will complete additional common grounds mowing at several sites
including Mirasol Park, City Park, Lilac Park and Plant Drive Park. The use of contractual labor for
mowing common grounds has been an integral part of parks and public works budgets for the past
five years. It has made it possible to slow staffing levels while expanding sites and facilities.
The Grounds operation has experienced an extraordinary increase of vital irrigation to the
substantial investment the City of Palm Beach Gardens has made in landscaping and beautification
projects throughout our community. This includes an expansion from maintaining 22 areas and 270
valves in 2003 to nearly 50 areas and 700 valves in 2006. This has all been maintained by their
present three man crew. Two other options were evaluated before the selection to use in-house
staff: outsourcing for irrigation services only, and outsourcing for irrigation and mowing services.
After careful consideration, it was decided that in-house staff would provide the necessary
immediate response. Although outsourcing mowing services was deemed viable and available,
outsourcing irrigation services was neither.
The following is a comparison of common grounds mowing contract costs and staff hours:
Proposed Sites
Mirasol Park
City Park
Tennis Entry
Plant Drive
Lilac Park
Dog Run
Total
Staff Sq. ft.
2 307,000
1 21,000
2 42,000
2 169,000
2 171,000
1 15,576
725,576
Perlmows Total Hrs.
10 hrs. 1100
2.75 150
2.75 300
8 880
8 880
1 55
3,365
Mowing Contract
$42,890
2,338
4,620
23,657
23,875
1,713
$97,505
The estimated annual in-house overhead at 3,365 hours represents approximately $1 25,000 per
year. Total staff hours are based on a parks standard of 55 cuts annually. Total Maintenances’
services related to the proposed change order exceeds services provided in-house for two
personnel working 80 hours per week.
The existing mowing contract is based on quoted prices between $0.1 1 and $0.14 per square foot. It
includes basic mowing, edging, blowing, trimming and chemical applications as well as the
materials, supplies and equipment necessary for proper upkeep of these facilities.
It is important to note that the above contractual mowing does not preclude the need for city staff to
complete all necessary maintenance tasks, inspections and repairs at the above listed sites
involving athletic fields, sports courts, restrooms, playgrounds, parking areas, trails and any
additional buildings.
STAFF RECOMMENDATION: Approve Change Order No. 1 with Total Maintenance Building
Services, Inc. for landscape maintenance services at various City parks in the amount of
$97,505.00.
City of Palm Beach Gardens
CHANGE ORDER TO ORIGINAL CONTRACT
ORDERED
ADJUSTED CONTRACT AMOUNT PRIOR TO THIS CHANGE
CHANGE ORDER NO. One (1) RFP June 2002 DATE: October 24.2005
4 1 1,640.92
CONTRACT TITLE: LandscaDe Maintenance Services
TO CONTRACTOR: Total Maintenance Building Services, Inc.
ORDER
COST OF CONSTRUCTION CHANGES THIS ORDER
ADJUSTED CONTRACTED AMOUNT INCLUDING THIS
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT
TO ALL CONTRACT STIPULATIONS AND COVENANTS.
97 ,SO 5.40
509,146.32
JUSTIFICATION: Addition of certain Dublic areas due to personnel transfers for FY 2005-2006 (see
attached DroDosal).
CHANGE ORDER
Percent Increase This Change Order
Total Percent Increase To Date
Extension Of Contract Time Allowed By This Change
SUMMARY OF CONTRACT AM-OUNT
COST OF CONSTRUCTION CHANGES PREVIOUSLY
ORIGINAL CONTRACT AMOUNT I I 41 1,640.92
0.00
23.69%
23.69%
0 Calendar Days
IP- CONTMTOR ARCHITECT~NG I NEER
(sign &deal)
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Community Services DeDartment 00 1 -2080-5 1 9.3 1 50
DEPARTMENT ACCOUNT NUMBER
GA@tw , LORIDA
RECOMMEND: da
CITY MANAG
ATTEST:
CITY CLERK
City of Palm Beach Gardens
CHANGE ORDER TO ORIGINAL CONTRACT
CHANGE ORDER NO. One 11) RFP June 2002 DATE: October 24,2005
CONTRACT TITLE: Landscaw Maintenance Services
TO CONTRACTOR: Total Maintenance Building Services, Inc.
YOU ARE HEREBY REQUESTED TO MAKE THE FOLLOWING CHANGES IN THE PLANS AND
SPECIFICATIONS FOR THIS PROJECT AND TO PERFORM THE WORK ACCORDINGLY, SUBJECT
TO ALL CONTRACT STIPULATIONS AND COVENANTS.
JUSTIFICATION: Addition of certain public areas due to personnel transfers for FY 2005-2006 bee
attached DroDosal).
SUMMARY OF CONTRACT AMOUNT
CERTIFIEDSTATEMENT: I hereby certify that the supporting cost data included is, in my
considered opinion, accurate; that the prices quoted are fair and
reasonable and in proper ratio to the cost of the original work contracted
for under benefd of competitive bidding. -
AI fA
ARCHITECT~ENGINEER
TO BE FILLED OUT BY DEPARTMENT INITIATING CHANGE ORDER
Communitv Services DeDartment 001 -2080-5 19.31 50
DEPARTMENT ACCOUNT NUMBER
RECOMMEND.
ATTEST:
CITY CLERK
Total Maintenance Building Services, Inc.
10357 Ironwood Rd. PO Box 31962 Palm Beach Gardens, FL 33420
Phone 561 -844-2744 Fax 561-624-4760 E-mail TMBS@Gate.Net
October 20,2005
Mr. Mike Kelly
Parks Department, City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, I33410
RE: Additions to annual contract
Dear Mr. Kelly,
Please accept the following as our proposal to maintain the following areas.
Mirisol Park Commons 306359 @ $.14 $42,890.00
Plant Dr & Skate Park $23,657 .OO
Lilac Park Commons 170537 @ $. 14 $23,875.00
City Park 21256 @$.11 $ 2,338.00
168979 @ $. 14
Tennis Entry ROW 42000 @$.11 $ 4,620.00
Dog Run 1140 @$.11 125.40
Total Annual $97,505.00
These measurements provided by the City of Palm Beach Gardens Florida. The prices are
consistent with the existing contract.
Respectfully
Ed Galbraith, President
Total Maintenance Building Services, Inc.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 18,2005
Meeting Date: December 1,2005
Ordinance 33,2005
SubjecdAgenda Item:
Ordinance 33, 2005:
Development Order Review Process for Subdivisions and Plats.
Amendments to the Land Development Regulations Clarifying
Public Hearing and Second Reading: A City-initiated request to amend the Palm Beach Gardens
Land Development Regulations to clarify development order review process for subdivisions and
plats. The purpose is to make the Section 78-43 be consistent with Section 78-423 and Section
78-444 of Chapter 78 by specifying that the City Council is the final decision making authority
for approval of both subdivisions and plats.
[XI Recommendation to APPROVE
1 Recommendation to DENY
Reviewed by:
Tala1 M. Benothman
Planning Manager
City Attorney
Christine Tatum
Development
Compliance NIA
Bahareh Keshavarz-Wolfs,
AICP
Charles K. Wu, AICP
Priginating Dept.:
Growth Management:
Manager
Joyce C. + Cai
Project
Principal Planner
Action:
[ ] Quasi-judicial
[XI Legislative
[XI Public Hearing
Advertised:
[XI Required
[ ] Not Required
P B Post: 11/16/2005
Affected Parties:
[ ] Notified
[XI Not Required
FINANCE:N/A
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Otherx
Budget Acct.#:
N/A
City Council Action:
[ ] Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ 3 Rec. Denial
[ 3 Continued to:-
Attachments:
rn Sec. 78-43 of Division 1
of Article 111
Ordinance 33,2005
Date Prepared: November 18,2005
Meeting Date: December I, 2005
Ordinance 33,2005
Page 2 of 3
EXECUTIVE SUMMARY
The proposed code amendment is to revise Sections 78-41 and 78-43 of Division 1 in order to be
consistent with Sections 78-423 and 78-444 of Division 10 of Chapter 78. The main purpose is
to clarify development order review procedure for both subdivisions and plats. Staff recommends
approval of the proposed amendment.
BACKGROUND
There is a conflict between Section 78-43 of Division 1 of Article I11 and Sections 78-423 and
78-444 of Division 10 of Article V regarding City Council’s role in plat and subdivision review
and approval process. Table 1: Development Order Review of Section 78-43 of Article I11
specifies the City Council’s role as an advisory review for both plats and subdivisions.
However, Sections 78-423 and 78-444 of Article V identify the City Council as the final decision
making authority for both plats and subdivisions. In addition, Table 1 in Section 78-43 reflects
that both Development Review Committee (DRC) and Planning, Zoning and Appeals Board
(PZAB) review plats, which is inconsistent with the plat review process and approval specified
in Division 10 of Chapter 78.
The proposed amendment resolves this inconsistency by specifying that the City Council is the
ultimate decision making body in both instances.
Section 78-41(g) is also amended to exclude the subdivisions and plats from the “Miscellaneous
development order applications” under “Applicability of article”. This is to move subdivisions
and plats and amendment to be governed by the provisions of Division 10 of Chapter 78.
PURPOSE OF PROPOSED AMENDMENT
The purpose of the proposed amendment is twofold: 1) to clarify development order review
process for plats and subdivisions; 2) to continue streamline and maintain efficiency for plat
review by following the current process as specified in Division 10 of Chapter 78.
PLANNING, ZONING AND APPEALS BOARD RECOMMENDATION
At its October 11, 2005 meeting, the Planning, Zoning and Appeals Board held a public hearing
to review the subject petition and voted 7-0 to recommend approval of the subject petition to the
City Council.
PREVIOUS CITY COUNCIL ACTION
On November 17, 2005, the City Council voted 5-0 to approve Ordinance 33, 2005 on first
reading with no changes.
STAFF RECOMMENDATION
The proposed amendment will provide clarification of development order review procedures for
Date Prepared: November 18,2005
Meeting Date: December 1,2005
Ordinance 33,2005
Page 3 of 3
both subdivisions and plats; therefore, staff is recommending approval of Petition LDR-05-09
and Ordinance 33,2005.
LAND DEVELOPMENT 0 78-43
ARTICLE 111. DEVELOPMENT REVIEW PROCEDURES
DIVISION 1. DEVELOPMENT REVIEW PROCESS
Sec. 78-41, Applicability of article.
The provisions of this article shall apply to all development order applications, including the
following:
Standard rezoning, planned community district (PCD), planned unit development
(PUD) including mixed use development (-1, planned development area, and
overlay district rezoning;
Site plan review;
Land development regulations text amendment;
Conditional use;
Variance;
Amendments to approved development orders;
Miscellaneous development order applications; and
Expiration of development approvals and time extensions.
i ..
i .;
(Ord. No. 17-2000, 8 18, 7-20-00)
Sec. 78-42, Conarreney required.
All development order applications, except for an application for development approval for
a development of regional impact, shall comply with the requirements of the concurrency
management system established herein. An application for development order approval shall
not be accepted by the growth management department for processing unless accompanied by
an approved concurrency certificate or an application to obtain a concurrency certificate. An
application for development approval, if accompanied by an application to obtain a concur-
rency certificate, shall not be certified by the development review committee until concurrency
is established.
(Ord. No. 17-2000, 0 19, 7-20-00; Ord. No. 29-2004, 0 2, 8-19-04)
Sec. 78-43. Review of applications for development order approval.
(a) Compliance. Applications for development order approval shall be reviewed as indicated
in ltible 1 and comply with all requirements of this chapter.
(1) Development review schedule. Review of all applications for development order
approval shall be consistent with the requirements of Table 2.
(2) Public hearings and workshops. All applications for development orders to consider
rezonings, conditional uses, development order amendments, and land development
regulations text amendments shall be subject to an advertised public hearing by the
, i'
Supp. No. 16 CD78:17
8 78-43 PALM BEACH GARDENS CODE
planning, zoning and appeals board and the city council. Prior to scheduling a public
hearing, the growth management department staff may schedule one or more
workshops to review the application with the planning, zoning and appeals board or
city council.
Joint workshops. The city manager may schedule a joint planning, zoning, and appeals
boardcity council workshop to review any development order application of such size,
nature, or complexity as to require timely consideration and direction from both
bodies.
(3)
(b) Planning, zoning and appeals board workshops and public hearings.
(1) Workshops. The planning, zoning and appeals board may consider the comments and
recommendations from the development review committee and growth management
department staff at one or more workshop meetings.
Table 1: Development Order Review
Notes:
A=Advisory Review DRC=Development Review Committee
Blank=Not Applicable DO=Development Order
C=Completeness Review J=Technical Review
CC=City Council
D=Discretionary per Growth
Management Director
0 =Decision Making Authority
PZAB=Planning, Zoning and Appeals Board
Development Order Application IStufplRCI PZAB I cc
I 1 I I
Supp. No. 16 CD78:18
3
Q LAND DEVELOPMENT 4 78-43
Development Order Appl ica t w n (Stuff[DRC( PZAB I CC
lCIJl lAIAl
ID0 Change, Non-Administrative
I 1 I I I
DO Change, Administrative Ic/O 1
a e
Supp. No. 16 CD78:19
8 78-43 PALM BEACH GARDENS CODE .. t
Supp. No. 16 CD78:20
LAND DEVELOPMENT 6 78-43
(2) Request for additional information. When an application is considered by the planning,
zoning, and appeals board at a workshop or public hearing, additional information
regarding the application may be requested.
a. The requested information shall be submitted by 12:OO noon at least ten working
days, excluding holidays, prior to next scheduled planning, zoning, and appeals
board meeting.
When the additional information requires the review of any development review
committee member, the information shall be submitted by 12:OO noon at least 12
working days, excluding holidays, prior to the next scheduled planning, zoning,
and appeals board meeting. At the meeting when the additional information is
requested, the response period may be reduced to ten working days, excluding
holidays,. by the growth management director.
b,
(3) Public hearing. After completion of a workshop to consider an application, the growth
management department staff shall schedule a public hearing or public meeting to
consider the application. Public notice shall be provided as required in section 78-54.
(c) Record of proceedings. The planning, zoning, and appeals board shall conduct a public
hearing and shall prepare a record of the proceedings on each development order application.
Thqrecord shall be filed in the growth management department and shall be a public record.
(d) Dansmission of recommendation to city council. For each development order applica-
tion, the planning, zoning, and appeals board shall act as indicated below.
C'
(1) Recommendations. Adopt a recommendation to approve, deny, or approve the devel-
opment order application with conditions. The recommendation shall be transmitted to
the city council.
Approval. Approve, deny, or approve with conditions those development order appli-
cations subject to their jurisdiction.
(2)
(e) City council consideration.
(1) Workshop meeting or first reading. After receipt of a recommendation from the
planning, zoning and appeals board, the city council shall schedule first reading. At
such meeting, the city council shall consider the comments and recommendations from
the planning, zoning, and appeals board, the growth management department staff,
and the development review committee staff, as applicable. An application for
development approval may be considered at one or more workshop meetings or regular
meetings.
Request for additional information. When an application has been considered by the
city council at a workshop or public hearing, additional information regarding the
application may be requested.
(2)
a. The requested information shall be submitted by 12:OO noon at least 19 working
days, excluding holidays, prior to the next scheduled city council meeting.
Supp. No. 16 CD78:21
4 78-43 PALM BEACH GARDENS CODE
b. When the additional information requires the review of any development review
committee member, the information shall be submitted by 12:OO noon at least 12
working days, excluding holidays, prior to the next scheduled city council
meeting. At the meeting when the additional information is requested, the
response period may be reduced by the city manager.
(3) City council decisions. Following the required public hearing or hearings, the city
council shall approve, deny, or approve with conditions all applications for develop-
ment order apprwal. For decisions adopted by ordinance, the 'decision shall be
consistent with the requirements of F.S. Chapter 166. For any other action, the
decision shall be adopted in resolution form, or such form as may be prescribed by the
city council. The ordinances and resolutions adopted hereunder shall indicate the
following:
a. The city council decision;
b.
c.
The reasons supporting the decision;
A statement that the approval included reliance on all representations made by
the applicant or applicant's agents at any workshop or public hearing;
All conditions of approval included within the decision; and
Specific reference to all documents, including but not limited to the name of
preparer, title of the document, date of preparation, all studies, master plans, site
plans, landscape plans, architectural elevations, and similar materials which are
the basis of or are to be implemented as part of the development order approval.
d.
e.
(4) Reconsideration.
a.
b.
Rezoning. Any parcel, or substantially the same parcel, subject of a rezoning
application, including a standard rezoning, rezoning to a planned development
district, rezoning to planned community district or planned unit development,
rezoning to planned development area, or overlay rezoning, which has been
denied by the city council shall not be eligible for reconsideration again by the
planning, zoning, and appeals board or the city council for a rezoning to the same
classification for one year from the date such application was denied by the city
council.
Other development orders. Any parcel, or substantially the same parcel, subject
of an application for development order approval, including any form of condi-
tional use, major or minor site plan review, or development order amendment,
which has been denied by the city council or planning, zoning, and appeals board,
shall not be eligible for reconsideration by either body for six months from the
date the application was denied.
(0 Notice ofpublic hearings. After completion of planning, zoning, and appeals board or city
council workshop or workshops to consider an application, the growth management depart-
ment staff shall schedule the required public hearings to consider the application. Public
notice shall be provided as required in section 78-54.
Supp. No. 16 CD78:22
LAND DEVELOPMENT 0 78-44
(g) Preliminary review of large scale developments. In order to provide preliminary
comments regarding potential applications for large scale development prior to the formal
development review process, the city council may consider such projects at one or more
workshop meetings. The workshop meetings shall be utilized by the city council to provide
non-binding comments to an applicant as a means to reduce the amount of resources expended
in preparation of plans and formal applications for the city's development review process.
Preliminary review meetings are to be scheduled at the request of an applicant, and shall be
at the risk of an applicant. Requests for preliminary review shall be based upon the
requirements provided herein.
(1) Minimum threehold. The potential application must be of a size that is at or above 80
percent of the numerical thresholds for a development of regional impact, as specified
in F.S. Chapter 380. A potential application must be presented in a conceptual or
preliminary design phase.
Request for review. A request for preliminary review shall comply with the standards
listed below.
a.
(2)
The request for preliminary review shall be submitted to the growth management
department in writing.
The request for preliminary review shall be accompanied by such fees as
approved by the city council.
A request for preliminary review shall include a pre-application conference, prior
to any city council workshop.
b.
c.
(3) Staff analysis. Staff analysis of a request for preliminary review shall be limited to a
summary of the application. The analysis shall not include any determination of
consistency with the comprehensive plan, land development regulations, or concur-
rency requirements. The preliminary report also shall not include any proposed
recommendations or conditions of approval.
Workshop meetings. One or more workshop meetings to conduct a preliminary review
shall be scheduled with approval of the city council.
(4)
(h) Liens and fines. A development order application of any type shall not be scheduled for
consideration at a preliminary review, workshop, regular meeting, special meeting, or public
hearing of the planning, zoning, and appeals board or city council unless all liens or fines owed
to the city for the subject property have been paid.
(Ord. No. 17-2000,O 20,7-20-00; Ord. No. 17-2004,O 5,6-3-04; Ord. No. 29-2004, 6 3, 8-19-04)
Sec. 78-44. Concurrent processing.
(a) Concurrent processing. The city may accept or process a applications for concurrent
approvals of a development order with a comprehensive plan amendment (CPA), a develop-
ment of regional impact (DRI), a planned community overlay district (PCD), a planned unit
development overlay district (PUD), or an amendment to any of the foregoing.
Supp. No. 16 CD78:23
Date Prepared: September 26,2005
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ORDINANCE 33,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO REVIEW
PROCEDURES FOR SUBDIVISIONS AND PLATS; AMENDING
SECTION 78-41, CODE OF ORDINANCES, ENTITLED
“APPLICABILITY OF ARTICLE” AND SECTION 78-43, CODE OF
ORDINANCES, ENTITLED “REVIEW OF APPLICATIONS FOR
DEVELOPMENT ORDER APPROVAL,” TO PROVIDE
CLARIFICATION OF THE REVIEW PROCEDURES FOR
SUBDIVISIONS AND PLATS; PROVIDING FOR CODIFICATION;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council is the final decision-making authority for review of
applications for both plat@) and subdivision(s) in Section 78-423 and Section 78-444 of
Division IO, Article V of the City’s Land Development Regulations; and
WHEREAS, Table 1 of Section 78-43 of the City’s Land Development
Regulations is inconsistent with Section 78-423 and Section 78-444 in that it provides
for plat review by the Development Review Committee and the Planning, Zoning, and
Appeals Board of the City, and provides only for advisory review of plats and
subdivisions by the City Council; and
WHEREAS, Staff recommends that Sections 78-41 and 78-43 of Division 1 of
Article Ill be amended to be consistent with Section 78-423 and Section 78-444 of
Division IO, Article V of the City’s Land Development Regulations; and
WHEREAS, this Land Development Regulations amendment was reviewed by
the Planning, Zoning, and Appeals Board at a duly noticed public hearing on October
11,2005, and the Board recommended approval by a vote of 7 to 0; and
WHEREAS, the City Council deems approval of this Ordinance to be in the best
interests of the residents and citizens 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.
SECTION 2. Division 1, “Development Review Process of Article Ill,
“Development Review Procedures” of Chapter 78, “Land Development,” of the City’s
Code of Ordinances is hereby amended to read as follows:
Date Prepared: September 26,2005
Ordinance 33, 2005
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ARTICLE Ill. DEVELOPMENT REVIEW PROCEDURES
DIVISION 1. DEVELOPMENT REVIEW PROCESS
...
Sec. 78-41. Applicability of article.
The provisions of this article shall apply to all development order applications,
including the following:
(a) Standard rezoning, planned community district (PCD), planned unit
development (PUD) including mixed-use development (MXD), planned
development area, and overlay district rezoning;
(b) Site plan review;
(c) Land development regulations text amendment;
(d) Conditions use;
(e) Variance;
(f) Amendments to approved development orders;
(9) Miscellaneous development order applications, except that subdivisions and
plats and amendments thereto shall be governed bv the provisions of Division
IO. Article V of this chapter: and
(h) Expiration of development approvals and time extensions.
* * *
See. 78-43. Review of applications for development order approval.
(a) Compliance. Applications for development order approval shall be reviewed as
indicated in Table 1 and comply with all requirements of this chapter.
(The remainder of this page left intentionally blank)
2
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Date Prepared: September 26, 2005
Ordinance 33, 2005
Table 1 : Development Order Review
Notes:
A=Advisory Review
Blank=Not Applicable
C=Completeness Review
CC=City Council
D=Discretionary per Growth
Management Director
DRC=Development Review Committee
DO=Development Order
J =Technical Review
=Decision-Making Authority
PZAB = Planning, Zoning, and Appeals Board
luding PCD and PUD)
ezoning, Planned Development Area
IMajor Conditional Use ICI J I IAl 0
Lariance ICI D lol I
- ~~
LDR Text Amendment
Site Plan Review, Major
Site Plan Review, Minor
Site Plan Review, Administrative
bubdivision: IcI
ID0 Change, NonAdministrative IA/
ID0 Change, Administrative ll
See Division 10, Article 5, of this Chapter
* * *
SECTION 3. Codification of this Ordinance is hereby authorized and directed.
SECTION 4. This Ordinance shall become effective immediately upon adoption.
3
Date Prepared: September 26,2005
Ordinance 33,2005
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E PASSED this 17 day of PJOV~OW , 2005, upon first reading.
PASSED AND ADOPTED this day of ,2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
FOR AGAINST ABSENT
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\amending development review procedures - ord 33 2005.doc
4
CITY OF PALM BEACH GARDENS CITY COUNCIL
J Agenda Cover Memorandum
Date Prepared: November 17,2005
Meeting Date: December 1,2005
Ordinance 34,2005
Resolution 166,2005
SUBJECT/AGENDA ITEM
Ordinance 34, 2005 & Resolution 166, 2005: PGA Coiporate Center (aka. “Parcel 5A”) -
Rezoning and Master Plan Approval
Public Hearing and Second Reading: A request by Mr. Ryan Johnston, of Catalfumo Construction
and Development, Inc., on behalf of PGA North I1 of Florida, LLC, for approval of a rezoning from
Research and Light Industrial Park (MI) and Planned Development Area (PDA) zoning
designations to a Planned Community District Overlay (PCD) zoning designation with a Research
and Light Industrial Park (Ml) underlying zoning designation. The proposed PCD, to be referred to
as the “PGA Corporate Center PCD,” will consist of 240,000 square feet of office use and 600,000
square feet of light industrial use, including a maximum of 42,000 square feet of ancillary
commercial use, on 17 individual parcels. The 78.96-acre subject site, currently referred to as
“Parcel SA,” is generally bounded by Interstate 95 right-of-way and Military Trail to the west, the
Garden Woods and Winchester Courts residential developments to the north, Alternate AlA to the
east, and PGA Boulevard to the south.
[XI Recommendation to APPROVE with conditions of approval and two (2) waivers
[ ] Recommendation to DENY
Reviewed by: ,, I Originating Dept.:
Growth Management:
Project
Manage
City Attorney
[ 3 Legislative
[XI Public Hearing
Finance
Developmen
Compliance
AICP
Advertised:
Date: November 3,
2005
Paper: Palm Beach Post
Approved By:
[ 3 Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Other-
Budget Acct.#:
NIA
CC Action:
[ ]Approved
[ ] App. w/ conditions
[ ]Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ 3 Continued to:
Attachments:
Concurrency Certification
Resolution 21 6,2004 &
Memorandum of
Understanding
M1 Development
Regulations
Ordinance 6,2005: City’s
List of Permitted Uses
Resolution 156,2001
Letter from Winchester
courts
Development Plans
Ordinance 34,2005
Resolution 166, 2005
Date Prepared: November 17,2005
Meeting Date: December 1,2005
Ordinance 34,2005
Resolution 166,2005
Development Overlay
EXECUTIVE SUMMARY
Industrial (1)Recreation
Open Space (ROS)
Residential Low (RL)
Mixed Use (MXD)
I
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) to allow the
development of 240,000 square feet of office use and 600,000 square feet of light industrial use,
including a maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels.
BACKGROUND
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.
LAND USE & ZONING
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
It EXISTING USE
Subiect Property
Parcel 5A (Vacant)
ll North
Garden Woods Residential Development/
Winchester Courts Residential Development
II South
RCA Center PUD (Parcel 5B)
East
Regionalnter DRI
West
Interstate 95/Miltary Trail II Garden Lakes Residential Development
ZONING LAND USE I II Research and Light
Industrial (MI)/Planned
Development Area (PDA)
Residential Low Density-3
(RL3)/
Residential Medium (RM)
w/Planned Unit
Development Overlay
Research and Light
Industrial Park (Ml)
w/Planned Unit
Planned Community
Development (PCD)
Residential Medium (RM)
wIPlanned Unit
Development Overlay
Professional Office
(PO)/Commercial
Residential Medium (RM)
2
Date Prepared: November 17,2005
Meeting Date: December 1,2005
Ordinance 34,2005
Resolution 166,2005
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, which is expected to expire on
December 3 1, 2005, 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 amount of building space that can be built until
such time when certain roadway improvements are constructed the surrounding areas. The
certification is also contingent upon the approval of (1) a development order for the Property; and
(2) an administrative extension to the build-out date for the project, prior to December 31, 2005, in
accordance with Section 78-61 of the City’s LDRs.
PROJECT DETAILS
The subject petition involves a request for approval of (1) a rezoning to a Planned Community
District (PCD) with an underlying zoning of Research and Light Industrial Park (Ml); and (2) a
master development plan. The proposed PCD, to be referred to as “PGA Corporate Center,” will
consist of 240,000 square feet of office use and 600,000 square feet of light industrial use including
a maximum of 42,000 square feet of ancillary 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). The PCD
approval will establish the location and design of the following:
*3 17 individual developable parcels;
e:* Landscape buffers along the perimeter of the site and along the north side of Kyoto Gardens
Drive adjacent to the lake;
6 Lake;
e:* 1 0-acre preserve, which satisfies the upland preservation requirements for the Property,
Parcel 5B and the Legacy Place parcels (Parcels 28.01 and 28.02); and
*:* Streets (Kyoto Gardens Drive, RCA Center Drive, and other local streets).
No buildings are being proposed at this time. It is the applicant’s intention to obtain approval of the
PCD then submit applications for individual site plan approvals to the City for parcels within the
PCD as tenants are secured. Said site plan applications will undergo review by the City’s Planning,
Zoning and Appeals Board and the City Council.
Development Regulations
All development on site will be required to comply with the development regulations (i.e. building
height, setbacks, lot coverage, permitted uses, etc.) for the Research and Light Industrial Park (Ml)
zoning district as established in the City’s LDRs. Said development regulations and the City’s List
of Permitted Uses are attached hereto for reference.
3
Date Prepared: November 17,2005
Meeting Date: December 1,2005
Ordinance 34,2005
Resolution 166,2005
Kyoto Gardens Drive Extension
The future portion of Kyoto Gardens Drive extending from Military Trai to Alternate A1A through
the Property (herein after referred to as “Kyoto Gardens Drive”) is part of the City Center Linkages
Plan established in the City’s Comprehensive Plan. It is important to note that the Constrained
Roadway at a Lower Level of Service (CULLS) designation previously approved by the City and
Palm Beach County for portions of PGA Boulevard is contingent upon the construction of this
linkage road. Once constructed, it will divert a significant amount of traffic fiom the portion of
PGA Boulevard extending from Military Trail to Alternate A1 A.
Due to the design of the new Interstate 95 on-ramp on the east end of Kyoto Gardens Drive and an
existing Florida Department of Transportation right-of-way at the west end at Military Trail, the two
(2) end points of Kyoto Gardens Drive at Military Trail and Alternate A1A are fixed. According to
the City Engineer, the design speed of the road and the two (2) fixed ends do not allow for any
variation to the design of the road that is depicted on the development plans for the Property. The
road will be a four (4) lane median divided roadway with a sidewalk on the south side of the road.
(The sidewalk on the north side of the road was removed so that additional landscaping could be
provided between the edge of the road and the lake to the north in order to provide additional
buffering from the road for the residents to the north.)
The construction of Kyoto Gardens Drive is proceeding independently of the development of the
Property. The timing of the construction of Kyoto Gardens Drive and the portion of RCA Center
Drive (North/South Road) within the Property and the obligations of the City and the applicant
relative to the construction thereof were established by way of Resolution 216, 2004 and the
Memorandum of Understanding made an exhibit thereto (attached). The landscaping of the road,
the design of which has already been established, will occur concurrently with the road
construction.
Kyoto Gardens Drive Mitigation
At its August 18, 2005, meeting, the City Council approved a maximum of $500,000 to be used
towards the mitigation of the impacts of Kyoto Gardens Drive on the Winchester Courts
community. The City is currently working on an agreement with the Winchester Courts residents
that will establish how the money will be utilized (i.e. screening wall, additional landscaping, low-
level street lighting, etc.).
A noise study (on file in the City’s Growth Management Department) was prepared in June of 2005
for the City by Bernard Kinney Associates to evaluate the potential worst case road traffic noise
levels generated by Kyoto Gardens Drive. For the purposes of the study, four (4) noise sensitive
receptor sites within Winchester Courts were utilized: one (1) at 50 feet from the center of the
closest travel lane, and the other three (3) at 140 feet, 250 feet, and 370 feet from the center of the
closest travel lane, respectively. The results of the analysis indicated that only the receptor site
placed at 50 feet should be considered for potential noise abatement measures, while the remainder
of the noise sensitive receptor sites were below the criteria of the Federal Highway Administration
(FHWA) and Florida Department of Transportation (FDOT) for noise abatement measures.
4
Date Prepared: November 17,2005
Meeting Date: December 1,2005
Ordinance 34,2005
Resolution 166,2005
The study concluded that a noise barrier approximately ten (10) feet in height and 195 feet in length
along the north side of the west end of the Kyoto Gardens Drive right-of-way adjacent to the closest
four (4) Winchester Courts units would reduce the traffic noise levels to acceptable levels (a
reduction of 10.3 dBA). Also, the report concluded that a wall on the north side of the bridge that is
eight (8) feet in height along the entire length of the bridge would further reduce the traffic noise
levels.
As part of the construction of Kyoto Gardens Drive, the two (2) abovementioned walls will be
constructed in accordance with the findings of the study. The funding for the walls will come from
the $500,000 approved by the City Council to be utilized for the mitigation of the effects of Kyoto
Gardens Drive on the Winchester Courts community.
LandscapindBu ffering
The applicant will be providing a 25-foot landscape buffer (consistent with LDR requirements)
along the south and west PCD boundary lines adjacent to the Interstate-95 rights-of-way; 15-foot
landscape buffers (consistent with LDR requirements) along the roadways within the Property; and
a 20-foot landscape buffer along the FEC tracks adjacent to Alternate A1A.
The applicant is proposing a 58-foot landscape buffer north of Kyoto Gardens Drive adjacent to the
lake to provide buffering for the residential units to the north. The native vegetation in this area will
remain and supplemental landscaping will be required to be installed by the applicant once the
exotics are removed; staff has included a condition of approval requiring the same. Diagonal paths
through the buffer will be cleared to allow access to the lake for maintenance.
The clearing and the installation of the landscape buffers within each parcel will not occur until
such time when the site plan and the plat for the individual parcel are approved by the City Council
and the infrastructure construction plans for the parcel are approved by the City Engineer. (It is
important to note that the applicant may, with the approval of a Clearing Permit by the City
Forester, clear a portion of an individual parcel prior to the site plan and plat approval for that parcel
strictly for the purposes of constructing roads and public infrastructure.)
Site Access
The future extension of Kyoto Gardens Drive will provide access to the site from Alternate A1A
and Military Trail. The future RCA Center Drive will connect to the future extension of Kyoto
Gardens Drive and will provide access to the site from RCA Boulevard to the south via the RCA
Center PUD.
Connectivity Between Sites
On March 30 and 31, 2001, the City hosted the Northern Palm Beach County Traffic Summit in
coordination with Palm Beach County and the Town of Jupiter in an attempt to take a leadership
role in addressing existing and potential traffic congestion in Palm Beach Gardens and in adjacent
areas. On November 1, 2001, the City Council adopted Resolution 156, 2001 (attached) thereby
supporting the “Summary of Results” (exhibit to ResoZution 156, 2001) from the Summit. The
5
Date Prepared: November 17,2005
Meeting Date: December 1,2005
Ordinance 34,2005
Resolution 166,2005
Summary of Results states that all traffic problems discussed fell into five (5) categories:
Community Character, Connectivity, Land Use Patterns, Level of Service, and Modes of
Transportation. Each of these five (5) categories were further broken down, and under each
category, either “Lack of connectivity” or “Lack of optional routes” was included (please see
attached Resolution 156, 2001).
Staff has included a condition of approval that requires connectivity between the parcels within the
Property with the intention that vehicles parked within the site wishing to access RCA Center Drive
do not have to utilize Kyoto Gardens Drive to do so.
Upland 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 5A 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.
Drainage -
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 Overlav
Section 78-221(~)(2) of the City’s LDR’s, entitled Boundaries, states that the boundaries of the
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.
Art in Public Places
Section 78-261 of the City’s LDRs require that all buildings within a Planned Community District
be assessed cumulatively towards the art in public places requirement, even if the buildings are
6
Date Prepared: November 17,2005
Meeting Date: December 1,2005
Ordinance 34,2005
Resolution 166,2005
permitted separately. If the aggregate cost of the entire project exceeds the $1,000,000 threshold,
each phase of the development is required to pay one (1%) percent of the construction cost of the
building towards art in public places.
It is staffs opinion that the art in public places fees collected for all of the development on the
Property should be combined, instead of each property providing a separate, less significant art
piece on each parcel. The combined funds should be utilized create art to be placed along the
roadways to be enjoyed by the passersby. Staff suggests the intersection of Kyoto Gardens Drive
and RCA Center Drive as an ideal location for the art.
Staff has included a condition of approval that requires (1) each property requesting site plan
approval to contribute one (1%) percent of the construction cost of the building(s) towards art in
public places; (2) the developer to hold those funds in an escrow account until such time when all
the buildings on site are approved by the City; and (3) all of the art on site to be installed prior to the
last Certificate of Occupancy on site. Should the applicant choose not to provide the art on site, the
applicant may instead contribute said funds to the City’s art account. In such a case, the applicant
will have no input in the use of such fimds.
Master Signage Program
Staff has included a condition of approval that requires the applicant to obtain approval of a master
signage program for the Property prior to the issuance of the first Certificate of Occupancy on site.
WAIVER REOUESTS
The applicant is requesting approval of the following two (2) waivers:
1. Waiver from City Code Section 78-506 to allow a sidewalk on only the south side of Kyoto
Gardens Drive. City Code requires sidewalks on both sides of a street within a subdivision.
Staff Analysis: This waiver request is a result of discussions between the applicant and City
staff held in an effort to mitigate the impacts of Kyoto Gardens Drive on the residents to the
north. It was agreed, in concept, that a sidewalk would not be needed on the north side of
Kyoto if the area on which the sidewalk would be located remained heavily vegetated to
provide additional screening for the residents to the north, subject to the approval of the City
Council. Therefore, staff recommends APPROVAL of the waiver request.
2. Waiver from City Code Section 78-563, entitled Lake maintenance tracts, to allow for
landscaping within the Lake Maintenance Easement (LME) on the south side of the lake.
City Code requires LME’s to be free of encumbrances.
Staff Analysis: This waiver request is also a result of discussions between the applicant and
City staff held in an effort to mitigate the impacts of Kyoto Gardens Drive on the residents
to the north. It was agreed, in concept, that the LME along the south side of the lake would
remain landscaped with the native vegetation and supplemental landscaping to provide
additional buffering between the road and lake, subject to the approval of the City Council.
7
Date Prepared: November 17,2005
Meeting Date: December 1,2005
Ordinance 34,2005
Resolution 166,2005
Diagonal paths will be cleared through the buffer to provide access to the lake for
maintenance. (Note: The LME that will be comprised of native landscaping is being
reflected as such on the site plan and the plat in case the City has to gain access to the lake in
a more typical manner in the future.) Staff recommends APPROVAL of the waiver request.
PLANNING, ZONING AND APPEALS BOARD
At is October 11, 2005, meeting, the Planning, Zoning and Appeals Board held a public hearing to
review the subject petition. The Board recommended APPROVAL of the subject petition by a vote
of 7-0 with the following conditions, which are in addition to those proposed by staff
*:* All applications for site plan approval for the individual lots shall be reviewed by the
Planning, Zoning and Appeals Board prior to review by the City Council.
Staff Response: As stated by staff during the public hearing, all site plans within a PCD will
undergo review by the Planning, Zoning and Appeals Board and the City Council.
*$. The architectural design guidelines should be withdrawn from the current application until
such time when fwrther review and discussion between staff, the applicant, and the Board
relative to the guidelines takes place.
Staff Response: The design guidelines have been removed from the subject petition. Staff
will continue discussions with the applicant relative to the guidelines.
*3 Applicants requesting site plan approval for the individual parcels within the PCD shall be
required to send public notices via regular mail to all property owners within 500 feet of the
PCD boundaries at least ten (10) days prior to any Planning, Zoning and Appeals Board and
City Council meeting at which said site plan application will be heard, with the exception of
workshops.
Staff Response: Staff has included a condition of approval requiring the same.
CITY COUNCIL
At its November 17, 2005, meeting, the City Council reviewed the subject petition at First Reading.
The City Council (1) directed staff to provide a status of the proposed “Quiet Zone” at the
intersection of the Kyoto Gardens Drive Extension and the FEC Railway at Second Reading; and
(2) asked the applicant to examine the possibility establishing a program (at a later date) for the
subject property wherein the applicant would agree to reducing the height of the buildings closest to
the residential development to the north and Kyoto Gardens Drive in exchange for allowing
increased height adjacent to PGA Boulevard and the Interstate 95 right-of-way to the south. Also,
certain concerns voiced by members of the public were addressed by staff and the applicant.
The City Council voted (5-0) to approve the subject petition on First Reading.
8
Date Prepared: November 17,2005
Meeting Date: December 1,2005
Ordinance 34,2005
Resolution 166,2005
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 34, 2005 and Resolution 166, 2005 with two (2)
waivers and the conditions of approval listed in the resolution.
9
' CITY OF PALM BEACH GARDENS
10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698
DATE: December 11,2000
TO: Ken Blair
Catalfumo Construction & Development, Inc.
694-3000 fax: 691 -5288
FROM: John Lindgren3
City Planner
phone: 7994243 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:
0 Memo from Assistant City Engineer Sean C. Donahue, P.E., dated December 8,2000
0 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
ghmrnon : s hortlcon 9909.con.cerl
ijackie
TO: Tala1 Benothman
FROM:
DATE: February 1 3,200 1
Sean C. Donahue, P.E. @
FILE NO. 99-4053
SUBJECT: Catalfumo-Parcel SA
We have reviewed the traffic concurrency conditions presented in a letter
from the Palm Beach County Trafic 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.
SCD/
cc: Steve Cramer
Karen Craver
g,oh:,Lindifjkn , .I
Department of Engineering
and Public Works
PO. Box 2 I229
West Palm Beach, FL 3341 6- 1229
(561) 684*4000
www.co.palm-beach.fl.us
I
Palm Beach County
Board of County
Commissioners
Warren H. Newell. Chairman
Carol A. Roberts. Vice Chair
Karen T. Marcus
Mary McCarty
Burr Aaronson
Tony Masilorri
Addie L. Grcene
County Administrator
Roben Weisman
’An Eguul Opportunity
AfJrmative Action Employer’
LBFH PALM CITY
January 26,200 1
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 summarizcd as follows:
Location:
Municipality: Palm Beach Gardens
Proposed Uses: Oficc 240,000 sq. ft.
Industrial 600,000 sq. A.
Net Trips: 6,195 per day
Build-out: 2005
North of PGA Blvd., betwcen 1-95 and Alt. AIA
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 extcrnal trips until the widening to 6
Lanes of Alt. AI A, 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. AIA 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 an assured construction. Any
approval above the 3,137 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 3,644 daily emrnal trips until the PGA
“Flyover” project has commenced.
Page 2
No building pcnnits for more than 3,644 daily external trips until the linkage
roadway segment between Military Trail and Alt. AlA, and the segment
connecting north and south of PGA Boulevard, running under the PGA flyover
west of Alt. A1A has commenced.
No building permits for more than 4,100 daily external trips until the addition of
an eastbound right-turn !2ne, westbound right-turn lane, aid northbound right-turn
lane, has commenced at the intersection of Alt. A1A and RCA Boulevard.
No develoDmcrit 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 assurcd
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. AlA to 6 lanes, from Donald Ross Road to Hood Road, has commcnced.
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. AIA and
Donald Ross Road. This roadway imgrovcment an msrlred construction.
Any approval above the 4,948 trips limit, will be contingent on the execution of
a pubIic facilities agreement for the fimding 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 externaI trips until the addition of
one westbound lane on PGA Boulevard, from 1-95 to Military Trail , or approval
of CULLS 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 CULLS for this segment.
Page 3
In addition, the study states that if the project acccss to Alternate A 1A is not constructed,
the applicant will not bc 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 reservcs 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 ccrrrstruction, any
approval from Palni Beach County will be contingent on the a public faciIities 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 daysfrom
issuance ofa development order, this approval shall be null and void. The conditions
should also be included in the development order issued by Palm Beach Gardcns,
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 Dircctor - TraEc Division
Maria M. Tejera, P.E., MTP Group
Yvonne Ziel, P.E., Yvonne Ziel Traffic Consultants
File: General - TPS - Mun - Traffic Study Review
F:\TRAFFIC\ma\AdminLZpprovals\OO I003 .wpd
Date Prepared: November 9,2004
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RESOLUTION 216,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTYl KNOWN AS THE “RCA CENTER PUD” (A.K.A.
“PARCEL 5B”), LOCATED AT THE SOUTHWEST CORNER OF
ALTERNATE AIA AND PGA BOULEVARD, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 150,000 SQUARE FEET OF RETAIL USE,
100,000 SQUARE FEET OF OFFICE USE, AND 50,000 SQUARE
FEET OF INDUSTRIAL USE; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING
AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 30-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-04-04) from Mr. William
D. Waters of REG Architects, Inc., on behalf of RCA Center II, LLC, for master
development approval to allow the development of 150,000 square feet of retail use,
100,000 square feet of office use, and 50,000 square feet of industrial use on an
approximately 30-acre parcel of land, known as the “RCA Center PUD” (a.k.a. “Parcel
5B”), generally located on the southwest corner of Alternate AIA and PGA Boulevard,
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,
has determined that it is sufficient and is consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning and Appeals Board reviewed said petition at its
November 23,2004, meeting and recommended its approval; 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
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Date Prepared: November 9,2004
Resolution 216,2004
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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 CIN COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTlON2. The Master Development Plan application of Mr. William D. Waters
of REG Architects, Inc., on behalf of RCA Center II, LLC, is hereby APPROVED on the
following real described property, to permit the development of 150,000 square feet of
retail use, 100,000 square feet of office use, and 50,000 square feet of industrial use on
an approximately 30-acre parcel of land, known as "Parcel 5B," generally located on the
southwest corner of Alternate A1A and PGA Boulevard, subject to the conditions of
approval contained herein, which are in addition to the general requirements otherwise
provided by ordinance:
LEGAL DESCRIPTION:
ALL OF THE PLAT OF THE MACARTHUR PARCEL 5B, RECORDED IN PLAT BOOK
96, PAGE 79, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
CONTAINING IN ALL 1,308,146 SQUARE FEET OR 30.03 ACRES, MORE OR LESS.
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following eight (8) waivers:
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Section 78-563, Lake maintenance tracts, to allow encumbrances with
certain Lake Maintenance Easements (LME) in specific areas identified on
the approved development plan.
Section 78-285, Permitted signs, to allow for certain retail tenants in
buildings containing multiple street frontages to have two (2) signs per
tenant, and buildings containing multiple street frontages to have two (2)
principal tenanvbuilding ID signs, subject to the conditions relating to the
same contained herein.
Section 78-285, Permitted signs, to allow for principal tenanVbuilding ID
signs to be located above the first story.
Section 78-508, Intersections, to allow for street intersections with a
centerline separation of less than 150 feet.
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Date Prepared: November 9,2004
Resolution 216,2004
5. Section 78-306(d), Easement encroachment, to allow for 12 feet of a
required 20-foot landscape buffer along the easternmost property line to be
encumbered by a utility easement.
Section 78-374(h), Location, to allow for 13 covered parking spaces to be
located within 100 feet of PGA Boulevard.
Section 78-287(e), General standards, to allow for tenants having federally
registered trademark signs to use their registered color scheme on signs
facing the parking areas.
Section 78-344(1)(1), Minimum dimensions, to allow 9.5-foot-wide parking
spaces at certain locations at reflected on the approved site plan.
6.
7.
8.
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the applicant, its successors, or assigns:
Enaineerinq
1.
2.
3.
4.
5.
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide written authorization from utility
owners allowing landscaping within their existing andlor proposed utility
easements. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a Roadway Signage and Marking Plan for review and approval.
(City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a Photometric Plan, signed, and sealed by a professional engineer
licensed in the State of Florida, meeting the requirements of LDR Section
78-1 82. Said plan shall provide pedestrian scale lighting along all walkways
and thoroughfares, including PGA Boulevard. (City Engineer)
Prior to the issuance of the first land alteration permit, the applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida in accordance with Section 78-448 of the LDR. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide a paving, grading, and drainage
plan along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer)
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Resolution 216.2004
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6. Prior to construction plan approval and the issuance of the first land
alteration permit, the applicant shall provide 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 land alteration permit. (City Engineer)
7. The applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
8. The applicant shall provide the City copies of all permit applications and
approvals. (City Engineer)
9. The applicant shall comply with all Federal Environmental Protection
Agency (EPA) and State of Florida Department of Environmental Protection
NPDES permit requirements, including, but not limited to, preparation of a
stormwater pollution prevention plan and identification of appropriate Best
Management Practices (BMP) for construction activities, submission of a
Notice of Intent to EPA or their designee, implementation of the approved
plan, inspection and maintenance of controls during construction, and
submission of a stormwater Notice of Termination. (City Engineer)
IO. The construction, operation, and/or maintenance of any elements of the
subject project shall have no negative impacts on the existing drainage of
surrounding areas. If, at any time during the project development, it is
determined by the City that any of the surrounding areas are experiencing
negative drainage impacts caused by the project, it shall be the applicant’s . responsibility to cure said impacts in a period of time and a manner
acceptable to the City prior to additional construction activities. (City
Engineer )
11. The applicant shall comply with any and all Palm Beach County Traffic
Division conditions as outlined in the PBC Traffic Division concurrency
approval letter issued for this property. (City Engineer)
12. Prior to the issuance of the first land alteration permit, the applicant shall
schedule a pre-permit meeting with City staff. (City Engineer)
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Resolution 216,2004
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13. Kyoto Gardens Drive
a. The applicant shall deliver to the City surety in a form acceptable to the
City Attorney, which surety shall ensure the construction of the Kyoto
Gardens Drive Extension. The Kyoto Gardens Drive Extension shall
consist of a four (4) lane divided roadway with landscaped medians,
approximately 2,300 feet in length, connecting Military Trail to Alternate
AlA, including an at-grade crossing of the FEC trackbed. The applicant
shall be responsible for the costs of design and construction of this
roadway as a two (2) lane roadway, and the City shall be responsible for
reimbursing the applicant for the costs of design and construction of the
additional two (2) lanes, as set forth in the engineering estimate attached
as Exhibit "A to the Memorandum of Agreement. Said construction shall
commence no later than March 31, 2005, and completion of said
improvements as set forth in the Memorandum of Agreement. As
additional assurance, the applicant shall submit, no later than December
30, 2004, a Memorandum of Agreement in a format acceptable to the
City Attorney on behalf of the City, and the following entities: RCA
Center II of Florida LLC, PGA Gateway LTD., and Mall Properties, LTD
to further define the obligations relating to the roadway design and
construction.
b. The applicant shall continuously and diligently work with the City and the
required outside agencies in order to obtain the issuance of all
necessary permits in order to begin construction of Kyoto Gardens Drive
on or before March 31 , 2005.
c. The applicant shall, upon the request of the City, deliver assurances, in a
form acceptable to the City Attorney, from the owners of Parcel 5A that
the City will be permitted to expand the existing lake north of the Kyoto
Gardens Drive right-of-way for the purposes of providing drainage for the
Kyoto Gardens Drive roadway and to provide the fill for construction of
the roadway at no cost and without restriction.
d. The applicant shall, upon the request of the City, deliver assurances, in a
form acceptable to the City Attorney, from the owners of Parcel 5A that
they will sign and support all permit applications as required to design
and build Kyoto Gardens Drive.
e. All contracts for design and construction of the Kyoto Gardens Drive
extension shall be submitted to the City for review and approval by the
City Engineer and City Attorney. Said construction contracts shall
contain a provision that makes such contracts fully assignable to the
City.
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14. 58 Road
a. The applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
between the present northern terminus of said road and the north
boundary of Parcel 5B. This parcel and all other portions of the
North/South Road owned by FDOT and NPBCID are hereinafter referred
to as the ”58 Road.”
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the “5B Road’’ as
a two (2) lane divided roadway with landscaped median within a fifty (50)
foot right-of-way. The east 15 feet and the west 15 feet of the 80-foot
right-of-way may be utilized for landscape buffer calculations and
setback requirements.
15. 5A Road
a. The applicant shall, prior to December 30, 2004, deliver a deed in a
format acceptable to the City Attorney conveying an 80-foot right-of-way
for that portion of RCA Center Drive that is shown on the Linkage Plan
connecting the 58 Road to Kyoto Gardens Drive, hereinafter referred to
the “5A Road.”
b. The applicant shall, prior to the issuance of the first Certificate of
Occupancy for Parcel 5B, design, build, and construct the “5A Road” as
a two (2) lane divided roadway with landscaped median within a 50-foot
right-of-way. The east 15 feet and the west 15 feet of the 80-foot right of
way may be utilized for landscape buffer calculations and setback
requirements.
c. The applicant shall deliver to the City surety, in a form acceptable to the
City Attorney, to ensure the construction of the 5A Road at the time the
surety described in Condition 6 is submitted to the City.
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Date Prepared: November 9,2004
Resolution 216,2004
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Landscaping
16. Within six (6) months of the issuance of the first clearing permit, the
landscaping shall be installed within: (1) the medians and adjacent road
shoulders within the portions of PGA Boulevard and RCA Boulevard
adjacent to the property, unless landscaping is installed in said areas by the
FDOT as part of the PGA Flyover project; and (2) the landscape buffers
along PGA Boulevard, RCA Boulevard, and Alternate AlA. The Growth
Management Administrator shall be authorized to grant up to two (2), three
(3) month extensions to this requirement upon demonstration by the
applicant of a good-faith effort to satisfy the same in a timely manner. (City
Forester)
17. Prior to the issuance of the first Certificate of Occupancy, the landscaping
shall be installed within the medians and road shoulders within both the
north/south and the eastlwest thoroughfares within the property. (City
Forester)
18. 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 and RCA Boulevard
adjacent to the property; and (2) the medians and road shoulders within
both the north/south and the eastlwest thoroughfares within the property.
(City Forester)
19. 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)
20. The installation of the covered parking structures, if approved by the City
Council, shall not conflict with landscaping, including long-term tree growth.
(City Forester)
Police
21. Lighting shall not conflict with landscaping, including long-term tree growth.
(Police)
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Date Prepared: November 9,2004
Resolution 216,2004
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22. 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)
23. Non-glare building lighting shall be installed around the entire building
perimeter and on pedestrian walkways. (Police)
24. Entry signage shall be lighted. (Police)
25. Timer clock or photocell lighting shall be provided for nighttime use above or
near entryways and all exits, including emergency exits. (Police)
26. 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)
27. 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)
28. 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)
Plannina and Zoninq
29. Within 90 days of (the effective date of this Resolution), the applicant
shall submit revised development plans to include the items listed below.
Said development plans shall be approved administratively by staff as long
as: (1) all items listed below are included on the development plans to the
satisfaction of the Growth Management Administrator; and (2) any exterior
building modification(s) is architecturally consistent with the approved
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Resolution 216, 2004
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buildings. Should any of the aforesaid not be adequately satisfied, the
revised development plans shall be reviewed and approved by the City
Council by way of an amendment to the PUD’s master plan of development.
No building or land clearing permits shall be issued until revised plans have
been approved.
a.
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C.
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f.
9.
h.
i.
The applicant shall revise the building elevations to include three (3)
color palette combinations for the buildings on site.
The applicant shall revise the easternmost landscape buffer adjacent to
the parking area so that a maximum of 12 feet of the buffer is
encumbered by utility easements.
The applicant shall revise the building elevations to clearly reflect all
exterior building colors and materials.
The applicant shall submit an amenities package that includes
illustrations and details of project-wide shared elements, including
common hardscape themes, street furniture, lighting fixtures, special
intersections, plazas, fountains, decorative trellises, and thoroughfare
enhancements. A “Key Plan” depicting the location of the amenities on
site shall also be included.
The applicant shall submit a lighting plan, signed and sealed by a
professional engineer registered in the State of Florida, that includes
pedestrian scale lighting along all pedestrian walkways and
thoroughfares, including PGA Boulevard.
The applicant shall provide additional landscaping within the vacant area
north of Building #2 to the satisfaction of the City Forester.
The applicant shall provide additional pedestrian linkages between the
buildings along RCA Boulevard and the sidewalk along said roadway.
At a minimum, sidewalks shall be included at every building entrance
along RCA Boulevard, as reflected on the building elevations.
The applicant shall provide at least 20 additional pedestrian benches
throughout the site and label them on the plan accordingly.
The applicant shall include a bus shelter easement on the site plan in a
location consistent with the Palm Tran letter dated May 18, 2004,
relating to the same, which is on file with the Growth Management
Department,
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Resolution 216,2004
j. The applicant shall submit a revised signage program that adequately
reflects the signage requirements approved by the City Council for the
subject property through the adoption of this Resolution.
30. All rooftop mechanical equipment shall be screened from view. (Planning &
Zoning)
31. Within sixty (60) days of a written determination from Palm Tran that a bus
shelter will be utilized on the subject site, the applicant, its successors, or
assigns shall submit an application for an administrative approval to allow
for review and approval of the site plan, landscape plan, and building
elevations for the bus shelter. The bus shelter design shall be consistent
with the City Council’s previous approval of such shelters. The applicant, its
successors, or assigns shall be responsible for the construction of a bus
shelter in a timely manner to accommodate Palm Tran’s needs for the
same. (Planning & Zoning)
32. Each building shall be allowed two (2) building identification or principal
tenant signs, so long as (1) said signs are not located on the same building
elevation; and (2) the second of the two signs has a copy area of no more
than 75% of the first sign. (Planning & Zoning)
33. Retail ground floor users shall be allowed a maximum of two (2) signs per
tenant, only if (1) any two signs for the same tenant are not located on the
same building elevation; and (2) said signage is’ affixed directly to the
elevation of the tenant bay it identifies. (Planning & Zoning)
34. Tenants having federally registered trademark signs and logos shall be
allowed to use their registered color scheme on signs facing the parking
areas. Signs and logos facing the adjacent and internal rights-of-way shall
be consistent with the color approved in the master sign program.
(Planning & Zoning)
35. Prior to the issuance of the first certificate of occupancy, the property shall
be replatted. Said replat shall dedicate the thoroughfares within the
property to the City. (Planning & Zoning)
36. Wall signs shall not exceed 70% of the immediate vertical and horizontal
surface area to which they are attached. (Planning & Zoning)
37. Medical or Dental Office use is not allowed unless the applicant submits a
traffic equivalency analysis for review and approval by the City Engineer.
The applicant shall also be required to demonstrate compliance with parking
requirements of the City Code. (Planning & Zoning)
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Resolution 216,2004
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 (retail, office, and industrial) 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)
Outdoor storage within the site is prohibited. (Planning & Zoning)
Uses on site shall be limited to those uses allowed within the PGA
Boulevard Corridor Overlay, as may be amended from time to time,
(Planning & Zoning)
No striped awnings shall be permitted on site. (Planning & Zoning)
Prior to issuance of the first building permit, the applicant shall comply with
Section 78-262 of the City Code relative to Art in Public Places. The
applicant shall provide art on site 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. If the
applicant is providing public art on site, the art shall be installed prior to the
issuance of the first Certificate of Occupancy, with the exception of the art
located east of the North/South Road, which shall be installed prior to the
issuance of the first Certificate of Occupancy for any buildings located east
of the North/South Road. (Planning & Zoning)
Within 90 days of the effective date of this Resolution, the applicant shall
work in conjunction with the Treasure Coast Regional Planning Council
(TCRPC), the South Florida Regional Transportation Authority (SFRTA),
and the City to make any and all necessary modifications to the
development plans for the portion of land lying east of the North/South Road
to accommodate the potential of a Tri-Rail transit station. Said modifications
shall be approved administratively by staff so long as any exterior elevation
changes are architecturally consistent with the approved buildings. Should
the final results of the Jupiter Corridor Alternatives Analysis determine that a
Tri-Rail station will be constructed on the subject property, the applicant, its
successors, or assigns shall work cooperatively with the SFTRA and the
City to facilitate the construction of said station and all ancillary
uses/structures in a timely manner. Said modifications shall be approved by
the City prior to the issuance of the first Certificate of Occupancy. (Planning
& Zoning)
The applicant shall, within 30 days of the effective date of this Resolution,
submit an easement, in a form acceptable to the City Attorney, with the
property owner for the Gardens Station property to the south. The
easement agreement shall provide for the right of use, construction, and
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Date Prepared: November 9,2004
Resolution 216,2004
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 shall be equally shared by Gardens
Station and the subject property. Said easement shall be recorded in the
Public Records of Palm Beach County within 90 days of the effective date of
this Resolution. (Planning & Zoning, City Attorney)
Miscellaneous
45.
46.
Required digital files of the approved replat shall be submitted to the
Planning and Zoning Division prior to the issuance of the first certificate of
occupancy, 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)
Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
disclosure language regarding the potential transit station and the widening
of the RCA Center Drive to four (4) lanes, 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)
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 12 of 12: Site Plan and Landscape Plan, prepared by
Cotleur Hearing, last revised on December 9, 2004, and received and
stamped by the City on December 10, 2004.
2. RCA Center Architectural Package, prepared by REG Architects, Inc., last
revised on July 1, 2004, and received and stamped by the City on
November 9,2004.
3. RCA Center Signage Package, prepared by REG Architects, Inc., last
revised on November 9, 2004, and received and stamped by the City on
November IO, 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 receipt by
the City of all of the following items: the surety described in Condition 13(a) and the
deeds described in Conditions 14(a) and 15(a).
12
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Date Prepared: November 9,2004
Resolution 216,2004
PASSED AND ADOPTED this IdTH day of oocL,r gyr ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
AnEST: LJ
BY:
Patricia Sm&, City aerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY: - Christine P. Tatum, City Attorney
23
24
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
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42
43
44
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46
AYE NAY ABSENT --
1
47 \\Pbgsfile\Attorneybttomey-share\RESOLUTlONS\Reso 216 2004 final clean.doc
13
MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM is executed this 39 day of December, 2004 by and
between PGA NORTH I1 OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY,
LTD., a Florida limited partnership, and MALL PROPERTIES, LTD. a Florida limited
partnership (sometimes collectively referred to herein as “Catalfumo Entities”) and the
CITY OF PALM BEACH GARDENS, a political subdivision of the State of Florida
(IC i ty”) .
Bac kn rou nd
1. The Catalfumo Entities and the City entered into a certain Agreement for Assured
Construction of Linkage Roads dated October 3, 2002 (the “Assured
Construction Agreement”). The City previously sued the Catalfumo Entities for
specific performance of the Assured Construction Agreement, which lawsuit will
be stayed pending completion of the Kyoto Drive Improvements described below.
2. RCA Center II of Florida LLC has obtained from the City, Site Plan Approval
pursuant to Resolution 216, 2004 (the “PUD Approval”) for a certain planned unit
development also known as Pa’rcel 5B.
3. Pursuant to the City’s Land Development Regulations and the PUD Approval, the
Catalfumo Entities are required to construct a 2-lane road from Alternate AIA to
Military Trail known as Kyoto Gardens Drive Extension (“Kyoto Drive
Improvements”). The City has requested that Kyoto Drive Improvements be
constructed as a 4-lane road to provide for future road capacity and the City has
agreed to fund the difference in cost between a 2-lane road and a 4-lane road
concurrently with the construction of the Kyoto Drive Improvements as set forth
on Exhibit “A attached hereto
4. Catalfumo Entities and City agree that it is critical that construction of the Kyoto
Drive Improvements commence on or before March 31, 2005 I
The understanding of the parties is as follows:
1. Catalfumo Entities will contract separately for the construction of the bridge
portion of the Kyoto Drive Improvements and the road portion of the Kyoto Drive
Improvements located within the City’s Road Rigiit-of-Way in order to expedite the
commencement of construction, it being understood that the bridge portion of the
construction will be able to commence most expeditiously in this fashion. Catalfumo
Entities shall commence construction of the bridge portion of the Kyoto Drive
Improvements on or before March 31, 2005 and shall use its best efforts to complete
the Kyoto Drive Improvements prior to December 31 , 2005 and in any event as soon as
practicable thereafter. In order to assist Catalfumo Entities in completing the Kyoto
Drive Improvements and the other linkage roads through Parcels 5A and 56, City shall
use its best efforts to review and permitt road plans submitted by Catalfumo Entities in
connection with said road work and as soon as practicable issue work permits as
necessary to allow Catalfumo Entities to meet the required time schedules.
2. Catalfumo Entities shall be responsible for the cost of constructing a 2-lane
divided (similar to the 5B Roadway approved by Resolution 216, 2004 PUD Approval)
road only with the City obligated to pay the increased costs caused by the City’s
requirement that the Kyoto Drive Improvements provide 4 lanes when first constructed.
City shall also be obligated to pay for the cost of the FEC railroad crossing and related
improvements. The City agrees to reimburse the Catalfumo Entities its share of the
monthly contractor invoice in accordance with the Estimates attached hereto as Exhibit
“A” (as contemplated by Paragraph 13a of Resolution 216) exclusive of the City’s
payments to the FEC.
I
3. Catalfumo Entities shall provide a Bond satisfactory to the City Manager in the
estimated amount required to construct its 2-lane share of the Kyoto Drive
Improvements in a format acceptable to the City Attorney and as required in PUD
Approval. Catalfumo Entities hereby agrees that should the City call the bond and
assume the responsibility for construction of the roadway; the City may use a two
square acre area of land immediately north of the north Kyoto Gardens Drive Right-of-
Way line (in the vicinity of the bridge) for the purposes of draining the road. Further, this
agreement maybe used to demonstrate to permitting agencies that water quality
requirements maybe met within that two acre area and that the City has the legal rights I to excavate and use that acreage for drainage purposes.
4. Catalfumo Entities and its contractors shall comply with all aspects of the
construction requirements as set forth in the Stipulated Final Order and other related
documents for Kyoto Gardens Drive on both the east and west sides of the FEC
trackbed. All correspondence with FEC will be copied to the City Attorney and all phone
calls to FEC will be logged and a call log will be forwarded to the City with each request
for reimbursement of construction costs.
5. Catalfumo Entities shall be entitled to impact fee reimbursements and credits
which shall be pooled and credited in accordance with the Assured Construction
Agreement for both the bridge and road improvements provided the projects are
completed within the times established in this agreement.
6. City shall be entitled to a right of approval of the contractors selected for
construction of the Kyoto Drive Improvements. If possible, the contractors selected
shall be ones that have current, ongoing, public construction projects that the City can
“piggy-back” onto in order to satisfy the waiver requirements for the public bidding of the
City’s portion of the Kyoto Drive Improvements. It is acknowledged that, in any event, it
is not practicable to obtain separate contractors to bid on the expansion of the Kyoto
Drive Improvements from 2-lane road improvements required to be constructed by the
Catalfumo Entities to the 4 lanes requested by the City.
IN WITNESS WHEREOF, the parties executed this Memorandum of
Understanding as of the date set forth above.
Witness PGA NORTH II OF FLORIDA LLC,
By: Diver Management, Inc.,
Its general partner
u%b) By;/‘ Daniel S. Cat mo, President
Witness RCA CENTER II OF FLORIDA LLC
PGA GATEWAY, LTD,
MALL PROPERTIES, LTO.
L-
CITY OF PALM BEACH GARDENS
By:
Countersigned by: %Q dd -&ri’s
- Estimate -
Kvoto Gardens Drive Construction Costs Summarv
ITEM
2-Lane Road Construction Cost
2-Lane Bridge Construction Cost
Landscaping & Irrigation
rnsa
$ 1,094,875
$ 2,490,000
$ 360,475
Total 2-Lane Option Cost: $ 3,945,350
4-Lane Road Construction Cost
4-Lane Bridge Construction Cost
Landscaping L Irrigation
$ 1,237,826
$ 3,240,000
$ 360,475
Total 4-Lane Option Cost: $ 4,838,301
Upgrade of Road to Four Lanes Construction Cost $ 142,951
Upgrade of Bridge to Four Lanes Construction Cost $ 750,000
Sub-Total Construction Cost of Upgrade to 4 Lanes: $ 892,951
Upgrade to 4 Lanes Engineering/Survey/Geotech Costs $ 21,982 1/2 of item costs
Upgrade to 4 Lanes Clearing Cost $ 16,425 1/2 of item cost
Upgrade to Four Lanes Military Trail Signalization Cost $ 225,000 1/2 of item cost
Sub-Total Design, Clearing & Signal Upgrade Cost: $ 263,407
Sub-Total Design 8r Construction Upgrade Cost: $ 1,156,358
15% Contigency: $ 173,454
15y0 Administration: $ 173,454
Bond Cost (2%): $ 30,065
Notes:
Total Cost of Upgrade to 4 Lanes: $ 1,533,331
1. The above figures do not include the cost of design and construction
of the FEC railroad crossing and related improvements which are to be
paid 100% by the City of Palm Beach Gardens.
2.xlmwWwiW~~~~rn~~ -v
3. Estimated costs are based on 2004 materials and labor costs.
EXHIBIT "A"
PAYMENT AND PERFORMANCE BOND
FOR INFRASTRUCTURE COMPLETION
Know all men by these presents:
That we, PGA NORTH II OF FLORIDA LLC, a Florida limited liability company, RCA
CENTER II OF FLORIDA LLC, a Florida limited liability company, PGA GATEWAY
LTD., a Florida limited partnership, and MALL PROPERTIES, LTD., a Florida limited
partnership (hereinafter called "PRINCIPAL"), and Liberty Mutual Insurance'Company,
authorized to do business in the State of Florida, (hereinafter referred to as "SURETY")
are held and firmly bound unto the City of Palm Beach Gardens (hereinafter called the
"CITY"), a political subdivision of the State of Florida, in the full and just sum of
Dollars ($ 4,734,420-00
Four Million Seven Hundred Thtity Four Thousand, Four Hundred Twenty and 00/100---
) lawful money of the United
States of America, to be paid to the CITY to which payment will and truly be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, flrmly by these presents:
WHEREAS, the above bound PRINCIPAL has executed an agreement for
Assured Construction of Linkage Roads with the City dated October 3, 2002 ("Assured
Construction Agreement') and RCA CENTER II OF FLORIDA LLC, has obtained from
the CITY, Site Plan approval pursuant to Resolution 216 , 2004 (hereinafter called the
“PUD Approval”) for a certain planned unit development known as Parcel 56 and has
agreed as a condition of the Assured Construction Agreement at the PUD Approval to
complete the Required Improvements (as hereinafter defined).
Required Improvements consist of constructing a two-lane portion of a four-lane road
known as the Kyoto Gardens Drive Extension (Resolution 216, Section 4 Engineering
Item 14a.).
WHEREAS, the
WHEREAS, this Payment and Performance Bond for Infrastructure Completion .
Four Million Seven Hundred Thirty Four Thousand, Four Hundred Twenty and 00/100--
(hereinafter called the “Bond”) is in the full and just sum of
Dollars ($ 4,734,420.00 lawful money of the United States of America, said sum
being the estimated cost to complete the responsibility of PRINCIPAL for its share of
the construction of the Required Improvements.
NOW, THEREFORE, the SURETY agrees as follows:
1.
2,
The foregoing recitals are incorporated herein by reference.
The condition of this obligation of SUREn is such that if the PRINCIPAL
shall, in all respects, fully comply with, carry out, construct, erect and build
its share of the Required Improvements in substantial conformity with the
plans, specifications and schedules covering said work and such
approved additions, amendments or alterations as may be made in the
plans, specifications and schedules for said work (it being understood that
the SURETY shall remain bound under this Bond although not informed of
any such additions, amendments or alternations), and shall commence
and complete all of said work in accordance with the Contract for
construction of the work and, provided it receives prompt payment from
the City for the City's share of the cost of the work, or is otherwise
compensated by the City as the parties may subsequently mutually agree
in writing may promptly make payment to all persons supplying the
PRINCIPAL, its contractors or subcontractors with any labor, services,
material and/or supplies used directly or indirectly by them or some or any
of them in the prosecution of said work, then this obligation has be void,
otherwise remaining in full force and effect.
SURETY, for consideration received, hereby stipulates and agrees that no
changes, extensions of time, alterations or additions to the work or the
plans, specifications and schedules covering the same, or in the term or
mode of payment forthe same, shall in anywise affect liability or.payrnent
under this Bond, and it does hereby waive notice of any and all such
changes, extensions of time, alterations and additions to the work or to
the plans, specifications and schedules covering said work.
The principal amount of this Bond will be reduced, from time to time, only
3,
4.
c
as and when (a) the PRINCIPAL provides the Clr/ with evidence of
partial completion and payment costs and eApenses of the Project
reasonably satisfactory to the CITY, such as by way of example, release
of lien and certification of payment, and (b) the PRINCIPAL provides the
CITY an engineering estimate of costs to complete the Required
Improvements, or (c) CITY draws down payments from SURETY under
this Bond in accordance with the provisions of paragraph 5c below. The
PRINCIPAL shall provide the CITY with a list of all contractors,
subcontractors and material contractors, subcontractors and material
suppliers, together with a certificate of the general contractor certifying
such list is complete. The CITY shall not have the obligation to reduce the
principal amount of this SUREN, if it has reasonably concluded the costs
of completion will exceed the original cost estlmate or evidence of
payment and partial completion is not satisfactory to the CITY. To obtain
a reduction in the principal sum of the Bond, the PRINCIPAL shall obtain
from the CITY authorization for a reduction, which shall be forwarded to
the SURETY. Any reduction in Bond value shall be considered effected
and binding against CITY.
Whenever the PRINCIPAL shall have failed or refused to commence or 5.
complete the said work by the dates set forth in the Contracts for the
work, the CITY may declare the PRINCIPAL'to be in default and the
SURETY may remedy the default within thirty days, or shall within thirty
days:
a. Complete or begin completion of the said work in accordance with
the specifications and schedules covering said work and such
approved additions, amendments or alterations as may be made in
the plans, speclflcations and schedules covering said work,
completing the work in a prompt manner, or
Obtain a bid or bids for submission to the CITY for completion of b.
said work in accordance with the plans, specifications and
schedules covering said work, and such approved additions,
amendments or alterations as may be made in the plans,
specifications and schedules for said work, and upon determination
by the CITY and the SURETY of the lowest responsible bidder,
arrange for a contract between such bidder and the SURETY. and
pay to such bidder as work progresses (event should there be a
default or a successlon of defaults under the contract or contracts
of completion arranged under this paragraph) the funds required to
pay the costs of completion of said repair or maintenance work as
herein described,
Alternatively, the parties hereto understand that upon default by
PRINCIPAL, CITY may elect to assume the contracts for the
construction of the work, in which event CITY shall be entitled to
draw from SURETY the amounts due on a monthly basis in order
for CITY to cover PRINCIPAL‘S share of the cost of the work
regardless of the fact that the cost of the Required Improvements
may exceed the amount of this Bond. If City elects to assume the
contracts for construction of the Required Improvements, this Bond
shall be modified as necessary to comply with the provisions of
F.S. 255.05.
c.
6. The CITY shall be entitled to their reasonable attorney’s fees and costs in
any action at law or equity, including appellate court actions, to enforce
the CITY’S rights under this Bond.
IN WITNESS WHEREOF, the PRINCIPAL and SURETY have executed these
presents this 28th day of December, 2004.
Witness PGA NORTH II OF FLORIDA LLC, By: Diver Management, Inc.,
OF FLORIDA LLC
Witness PGA GATEWAY, LTD,
A
Witness MALL PROPERTIES, LTD. n
SURETY:
Liberty Mutual Insurance Company
Countersigned by; Brett Rosenhaus
Address: 4000 South 57th Ave. Ste. 201
Lake Worth, FL 33463
Brett Rosenhaus, Attorncy in FactjFi Restideht
Agent
L\FORMSWayrnentAndPerforrnanceREDLlNE.wpd
‘* . ., I1
I
Liberty Mutual Surety Bond Number q@-/ Ou (I 3 3 li!
NOTICE FROM SURETY REQUIRED BY
TERRORISM RISK INSURANCE ACT OF 2002
In accordance with the Terrorism Risk Insurance Act of 2002 (referred to
hereinafter as the “Act”), this disclosure notice is provided for surety bonds on
which one or more of the following companies is the issuing surety: Liberty
Mutual Insurance Company; Liberty Mutual Fire Insurance Company; LM
Insurance Corporation; The First Liberty Insurance Corporation; Liberty
Insurance Corporation; Employers Insurance Company of Wausau (formerly
“EMPLOYERS INSURANCE OF WAUSAU A Mutual Company”); Peerless
Insurance Company; and any other company that is a part of or added to the
Liberty Mutual Group for which surety business is underwritten by Liberty Mutual
Surety (referred to collectively hereinafter as the “Issuing Sureties”).
NOTICE FORMS PART OF BOND
This notice forms part of surety bonds issued by any one or more of the Issuing
Sureties.
DISCLOSURE OF PREMIUM
The premium attributable to any bond coverage for “acts of terrorism” as defined
in Section 102(1) of the Act is Zero Dollars ($0.00).
DISCLOSURE OF FEDERAL PARTICIPATION
IN PAYMENT OF TERRORISM LOSSES
The United States will reimburse the Issuing Sureties for ninety percent (90Y0) of
any covered losses from terrorist acts certified under the Act exceeding the
applicable surety deductible.
LMIC-6539 11/15/04
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. 1486470
Thls Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to
the extent herein stated.
LIBERTY MUTUAL INSURANCE COMPANY
BOSTON, MASSACHUSETTS
POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the 'Company"), a Massachusetts stock insurance
company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint
RICHARD M. BUTIN, KAREN L. DEBARDAS, BRETT ROSENHAUS, MELINDA ROSENHAUS, ALL OF THE CITY OF
WEST PALM BEACH, STATE OF FLORIDA ..........................................................................................................................
, each individually if there be more than one named, its true and lawful attomev-in-fact to make. execute. seal. acknowledae and deliver. for and on its
...............................................................................................................................................................................................
, - -- behalf as sure and as its act a~hJe?d4*;m~l$l undertakings, bonds, recbgnizances and other sure obli ations in &e penal~sum not exceeding
) each, and the
execution of such undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents, shall be as binding upon the
Company as if they had been duly signed by the president and attested by the secretary of the Company in their own proper persons.
That this power is made and executed pursuant to and by authority of the following By-law and Authorization:
FIITY MILL& AND oo/ioo DOLLARS ($ 50,000, Iy 00. o&****
ARTICLE Xlll - Execution of Contracts: Section 5. Surety Bonds and Undertakings.
Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the
chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the Company to make,
execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such
attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their
signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be
as binding as if signed by the president and attested by the secretary.
By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact:
Pursuant to Article XIII, Section 5 of the By-Laws, Garnet W. Elliott, Assistant Secretary of Liberty Mutual Insurance Company, is hereby
authorized to appoint such attorneys-In-fact as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and
deliver as surety any and all undertakings, bonds, recognizances and other surety obligations.
That the By-law and the Authorization set forth above are true copies thereof and are now in full force and effect.
IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Company and the corporate seal of
Liberty Mutual Insurance Company has been affixed thereto in Plymouth Meeting, Pennsylvania this 23rd day of March 2004.
LIBERTY MUTUAL INSURANCE COMPANY
Garnet W. Elliott, Assistant Secretary
COMMONWEALTH OF PENNSYLVANIA ss
COUNTY OF MONTGOMERY
Onlhis 23rd dayof March ,2004. before me, a Notary Public, personally came Garnet W . Elliou, to me known, and acknowledged
that he is an Assistant Secretary of Liberty Mutual Insurance Company; that he knows the seal of said corporation; and that he executed the above
Power of Attorney and aff-rporate seal of Liberty Mutual Insurance Company thereto with the authority and at the direction of said corporation.
subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year
BY Teresa Pastella. Notary Public
I, the undersigned, Assis-ry of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing
is a full, true and correct copy, is in full force and effect on the date of this certificate; and I do further certify that the officer or official who executed the
Said power of attorney is an Assistant Secretary specially authorized by the chairman or the president to appoint attorneys-in-fact as provided in Article
XIII, Section 5 of the By-laws of Liberty Mutual Insurance Company.
This certificate and the above power of attorney may be signed by facsimile or mechanically reproduced signatures under and by authority of the
following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 121h day of March, 1980.
VOTED that the facsimile or mechanically reproduced signature of any assistant secretary of the company, wherever appearing upon a
certified copy of any power of attorney issued by the company in connection with surety bonds, shall be valid and binding upon the company
with the same force and effect as though manually affixed.
CI nP-U
RET hereunto subscribed my name and affixed the corporate seal of the said company, this ' day of
A
. - ... - ... . ~ ...........
6 78-162 PALM BEACH GARDENS CODE
(d) District setbacks. The minimum setback for principal and accessory structures abutting
a residential district shall be 75 feet.
(Ord. NO. 17-2000, 8 86, 7-20-00)
Set. 78-153. Nonresidential zoning district regulations. .
Table 12: property Development Regulations - Nonresidential Zoning Districts
Min.BuildingSitaArea I None 1 None
~
Minimum Lot Width loon. loOK
Max. Lot Coverage 35% 35%
MarBuildbgHei#t(Ft) 36Ft 36Ft
MA Building SetbecL (Ft)
Front 25 40
Side (3) 30
Side (Street Facing) (3) 30
Rear (3) 30
1Ac. I 1Ac.
None None
1ooFt. 1ooFt.
35% 35%
38Ft 36Ft.
50 40 (5)
15 20 (5)
40 30(5)
15 15 15)
5k I2OAc.
loo00
None I sq.Ft.
20 (5)
30 (5)
1515) 20
15000 20000
sq.Ft. sq.Ft.
1OoR 1OoR (1)
605660%
50 Ft. 50 Ft (2)
25 35
15 20 (6)
15 25 (6)
20 25 (6)
~~ ~ ~~ ~-
NO&=
(1)
(2)
(3)
(4) Oneacreminimumandthreeacremarimum.
(5)
(6)
Lot width measd at the Gont bddiug s&ck line.
Maximum building height is the lesser of two des or 36 feet, unless othesnise noted.
15 feet for 6mt two stones, 27 feet above two stories.
Setback is the total of number of feet indicated plus one foot for each foot of height over two storiea.
Additional perimeter or boundary setback of 75 feet required when abutting a residential zaning districL
(Ord. NO. 17-2000, 8 87, 7-20-00)
Sec. 78154. PUILPlanned unit development overlay diotrict
(a) Purpose and intent. The PUD planned unit development overlay district is established
to permit and encourage more e5cient and creative development or redevelopment of
property; to encourage an economical and efficient arrangement of buildings; to provide
maximum opportunity for application of innovative concepts of development in the creation of
aesthetically-pleasing living, shopping and working environments on properties of adequate
size, shape and location; to preserve the natural amenities and environmental assets of the
land by encouraging the preservation and improvement of scenic and functional open areas; to
provide architectural and design features which are aesthetically pleasing and supportive of
an enhanced quality of We; provide one or more specifically-identifiable benefits to city
residents; and to ensure that development occurs according to limitations of use, design,
Supp. No. 10 CD78:94
Date Prepared: March 11,2005
As Amended at Second Reading - 515105
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am
ORDINANCE 6,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO THE POWERS AND
DUTIES OF THE PLANNING, ZONING, AND APPEALS BOARD,
THE CONDITIONAL USE REVIEW PROCESS, THE REVIEW OF
DEVELOPMENT ORDER APPLICATIONS, APPLICATION
PROCEDURES, AND PERMITTED USES, CONDITIONAL, AND
ORDINANCES ENTITLED “POWERS AND DUTIES”; AMENDING
“DEVELOPMENT REVIEW COMMITTEE”; AMENDING SECTION
78-43, CODE OF ORDINANCES ENTITLED “REVIEW OF
APPLICATIONS FOR DEVELOPMENT ORDER APPROVAL”;
AMENDING SECTION 78-46, CODE OF ORDINANCES, ENTITLED
CODE OF ORDINANCES ENTITLED “CONDITIONAL USES”;
PROHIBITED USES; AMENDING SECTION 2-147, CODE OF
SECTION 78-24, CODE OF ORDINANCES ENTITLED
“APPLICATION PROCEDURES”; AMENDING SECTION 78-52,
AMENDING SECTION 78-54, CODE OF ORDINANCES ENTITLED
“PUBLIC NOTICE”; CREATING A NEW SECTION 78-56 TO BE
SECTION 78-159, CODE OF ORDINANCES ENTITLED
ENTITLED “APPEALS AND RECONSIDERATION”; AMENDING
“PERMITTED USES, CONDITIONAL, AND PROHIBITED USES” TO
MODIFY CERTAIN PERMITTED AND CONDITIONAL USES;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted Ordinance 17, 2004 on June 3, 2004,
nding the City advisory boards and committees in order to establish general policies
and procedures and to update the purpose, powers and duties, and membership criteria
for such boards and committees; and
WHEREAS, the City Council has determined that it is necessary to amend the
Code of Ordinances, Chapter 2, Division 6, Planning, Zoning, and Appeals Board, Section
2-147 entitled “Powers and duties” to provide that further appeals from any final decision
of the Planning, Zoning, and Appeals Board shall be made to the circuit court; and
WHEREAS, the City Council adopted Chapter 78, Land Development
Regulations, of the City Code of Ordinances through Ordinance 17, 2000; and
WHEREAS, the City Council has determined that in order to expedite
development application procedures and the review of applications for development
order approval, it is necessary to amend the City Code of Ordinances, Chapter 78, Land
Development Regulations, Section 78-24 entitled “Development review committee”;
Section 78-43 entitled “Review of applications for development order approval”; Section
Date Prepared: March I I, 2005
Ordinance 6, 2005
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78-46 entitled “Application procedures”; Section 78-52 entitled “Conditional uses”;
Section 78-54 entitled “Public notice”; and to create a new Section 78-56 entitled
“Appeals and reconsideration”; and to amend Section 78-1 59 entitled “Permitted uses,
conditional, and prohibited uses”; and
WHEREAS, this Land Development Regulations amendment petition (LDR-OI-
02) was reviewed by the Planning, Zoning, and Appeals Board at a public hearing on
January 11,2005, and the commission recommended 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.
SECTION 2. The Code of Ordinances, Chapter 2, Division 6, “Planning, Zoning,
and Appeals Board,” Section 2-147 entitled “Powers and duties” is amended to read:
Sec. 2-147. Powers and duties; appeals.
The City Council hereby authorizes the board to hold and perform the following powers
and duties:
(a) Review and make recommendations to the city council on site plans, master site
plans for planned unit developments, planned community developments, and major
amendments thereto.
(b) Hold workshops and public hearings on development petitions presented to the
board.
(c) council.
Review all requests for zoning changes prior to review of said changes by the city
(d) Review and make recommendations to the city council on requests for annexation of lands into the city, together with requested land use and zoning of the annexed lands.
(e) Act as the land development regulation commission to develop and recommend
land development regulations which implement the adopted comprehensive plan and to
review land development regulations, or amendments thereto, for consistency with the
adopted plan and report to the city council regarding its findings.
(f) comprehensive plan and future land use map revisions.
Act as the local planning agency to develop and recommend to the city council
2
Date Prepared: March 11,2005
Ordinance 6, 2005
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(9) Hear and decide appeals from and review any order, requirement, decision, or
determination made by the administrative officials charged with the administration or
enforcement of the city’s land development regulations.
(h) Hear and decide on all variance requests in accordance with Section 78-53 of the
city’s land development regulations.
(i) The board shall have no authority to authorize the use of any parcel of property or
structure in a manner not permitted by the zoning classification of the district in which
the property or structure is located.
0) Further appeals. An appeal may be made to the circuit court from anv final
decision of the planninq, zoninq, and appeals board, provided the appeal shall be filed
within 30 davs from the date of the decision.
SECTION 3. Section 78-24, Land Development Regulations, entitled
“Development review committee” is amended to read:
Sec. 78-24. Development review committee.
(a) Establishment. For the purpose of reviewinq. approvinq, or denving minor
conditional use applications, T the development review committee consists of
representatives of the city engineer, , growth management
director, police chief, fire chief, public works director, and the building official, For maior
conditional uses, the development review committee shall also include other city staff?
or public service representatives appointed by the city manager. The growth
management director or designee shall serve as chair of the committee. The committee
shall have the following jurisdiction:
(1) Review development order applications submitted pursuant to this chapter
ensure that development order approvals are consistent with the requirements of the
city’s comprehensive plan and codes. All development review committee meetinas
shall be conducted as public meetinqs;
(2) @ Provide specific comments regarding consistency of development order
applications with the requirements of the city’s comprehensive plan and codes; am#
(3)w Provide specific recommendations if an application is not consistent with
applicable requirements,; and
/4) Approve applications for minor conditional uses as identified in Section 78-159,
Table 21.
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Date Prepared: March 11 , 2005
Ordinance 6.2005
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SECTION 4. Section 78-43, Land Development Regulations, entitled “Review
of applications for development order approval” is amended to read:
(Note: “. . .” indicates unchanged language omitted for brevity.)
Sec. 7843. Review of applications for development order approval.
(a) Compliance. Applications for development order approval shall be reviewed as
indicated in Table 1 and shall comply with all requirements of this chapter. ...
(2) Public hearings and workshops. All applications for development orders to
consider rezonings, maior conditional uses, development order amendments, and land
development regulations text amendments shall be subject to an advertised public
hearing by the planning, zoning, and appeals board and the city council. Prior to
scheduling a public hearing, the growth management department staff may schedule
one or more workshops to review the application with the planning, zoning, and appeals
board -. ...
(b) Planning, zoning, and appeals board workshops and public hearings.
(1) Workshops. The planning, zoning, and appeals board may consider the comments
and recommendations from the development review committee and growth
management department staff at one or more workshop meetings.
Table 1 : Development Order Review
Notes:
A=Advisory Review DRC=Developrnent Review Committee
Blank=Not Applicable DO=Development Order
PZAB Planning, Zoning, and Appeals Board
C=Completeness Review J =Technical Review
CC=City Council
D=Discretionary per Growth Management Director
0 =Decision Making Authority
...
Note: Remaining rows of table have been omitted for
4
Date Prepared: March 11,2005
Ordinance 6,2005
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Table 2: Development Review Schedule
Notes:
PZAB=Planning, Zoning, and Appeals Board
Blank=Not Applicable MIN=Minimum
D=Subject to Discretion of Growth Mgmt. Director
DO=Development Order Var=Variance
DRC=Development Review Committee
J=Applicable
Working Days are Monday through Friday (excluding city holidays)
MAX=Maximum
Misc. Rev=Miscellaneous Review
- Pre-app J
Submit Application J J
Sufficiency Review Max 7 J J
J
J
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Staff Decision Max 14
J - DRC Review Min 14 J J
DRC Approval/ No J J J
Certification specific Amrov%/DeniaI
limit
AQiRz
PZAB Workshop J c
PZAB Public
Meeting
PZAB Public J J
Hearing
Council Public
Meeting
First Reading
Council Wkxk&e@ J J
Mf34-Q c c
Council Second Min 10 J J
Reading
-
(Note: ". . ." lndicates unchanged language omitted for brevity.) ...
(3) Public hearing. 4 ' * , *The
growth management department staff shall schedule a public hearing or public meeting
to consider the application. Public notice shall be provided as required in section 78-54. ...
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Ordinance 6, 2005
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(e) City council consideration.
(1) Workshop meeting or first reading. After receipt of a recommendation from the
planning, zoning, and appeals board, the city council shall schedule first reading. At
such meeting, the city council shall consider the comments and recommendations from
the planning, zoning, and appeals board, the growth management department staff, and
the development review committee+Mf, as applicable. An application for development
approval may be considered at one or more workshop meetings or regular meetings. ...
(i) Withdrawal of develoment order amlication. A development order application
shall be declared withdrawn in the event the apdicant has not responded within 30 days
to a request from the qrowth manaaement director or desinnee. the planning, zonina
and appeals board, or the citv council for additional information, plans. or other
materials. The qrowth manaaement director may want one additional 30-dav period in
which the applicant shall respond to the request for additional information or materials,
but the applicant must request the extension prior to the expiration of the first 30-day
period.
SECTION 5. Section 78-46, Land Development Regulations, entitled
“Application procedures” is amended to read:
Sec. 7846. Application procedures.
(a) Single Application. All properties within a single application must be contiguous or
be the subject of separate application and filing fees.
(b) Applications. All applications for development order approval shall be submitted to
the growth management department. All applications shall be filed on forms provided
for that purpose by the growth management department. All applications shall be
accompanied by such supporting documentation as required by these land development
regulations or by the growth management department.
(c) Completeness Review. Within seven working days, excluding holidays, after
receipt of an application, the growth management department shall determine that the
application is complete or incomplete.
.. (1) Complete application. -. A complete application includes the following:
a. All information required to accompany the application;
b. All information required is complete, prepared in accordance with professionally
acceptable standards, and is consistent with the development order application;
c. All fees required by the city; and
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Date Prepared: March 11,2005
Ordinance 6,2005
d. The required number of copies.
The growth management director shall notify an applicant in writing if the
application is determined to be complete.
(2) Incomplete application. If the The application is not complete, A itshall not be
subject to further reviewT until all identified deficiencies have been remedied. The
applicant shall be notified in writing mthe application is incomplete, and the specific
deficiencies that have been identified. Within 30 days of the date of the notification, the
applicant shall submit all information necessary to remedy the deficiencies. The director
may waive the 30 day requirement if reasonable progress is being made to remedy the
application. An application shall not be subject to further review until all deficiencies are
remedied. Failure of an applicant to respond within the 30 days to a notice of deficiency
shall void the application.
(d) Development Review Committee. The development review committee (DRC) shall
review all applications as provided herein.
(1) DRC review. The qrowth management department shall forward the completed
application to the members of the DRC, who shall : review the
application and shall submit their comments and recommendations to the qrowth
manaqement department director not less than 14 working davs followinq receipt of the
complete application. Incomplete submittals bv applicants, review of environmental
factors, lack of or incomplete responses to requests for additional information,
complexitv of the amlication, or need for additional information may delav DRC review
and comments. In reviewing the application, the members of the DRC shall consider
the followina criteria:
a. Conformity of the proposed development with the comprehensive plan, this
chapter, and other applicable ordinances of the city;
b. Characteristics of the site and surrounding area, including important natural and
manmade features, the size and accessibility of the site, and surrounding land
uses;
c. Natural and environmental resources present on the site;
d. The nature of the proposed development, including land use types and
densities;
e. Compatibility with adjacent land uses;
f. Conformity with traffic performance standards;
g. Impact on public safety services;
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h.
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Date Prepared: March 11,2005
Ordinance 6,2005
Impact on public schools, unless otherwise addressed as a requirement of the
city's concurrency management system; and
Other applicable factors and criteria prescribed by the city.
(32) Request for additional information. When an application has been considered by
the DRC, additional information regarding the application may be requested.
a.
b.
The requested information shall be submitted by 12:OO noon at least seven
working days, excluding holidays, prior to the next scheduled DRC or planning,
zoning, cxmmksh and appeals board meeting, as applicable.
When the additional information requires the review of the city engineer, the
information shall be submitted by 12:OO noon at least 15 working days,
excluding holidays, prior to the next scheduled DRC or planning, am4 zoning,
emmkkw and appeals board meeting, as applicable.
(43) DRC certification and approval. Certification of an application by the development
review committee is contingent upon such factors as a complete application,
compliance with all comprehensive plan and land development regulation requirements,
receipt of all requested additional information, and satisfaction of all comments.
Certification of an application by the development review committee is mandatory prior
to any further processing of a development order application. After an application for a
maior conditional use is certified bv the development review committee, the application
shall be scheduled for a public hearinq before the planninq. zoning. and appeals board.
[4) In the review of minor conditional use amlications, the development review
committee shall approve, with or without conditions, or denv the amlication. Followinq
a decision bv the development review committee, the qrowth management director shall
issue a written order consistent with the decision of the DRC. ...
(The remainder of Section 78-46 is omitted for brevity,)
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Date Prepared: March 1 1 2005
Ordinance 6, 2005
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SECTION 6. Section 78-52, Land Development Regulations, entitled
“Conditional uses” is amended to read:
Sec. 7862. Conditional uses.
[a) Cateuories of conditional use review. The followina cateaories of conditional use
review are established:
(1 Maior conditional uses: and
/2) Minor conditional uses.
/b) Major conditional uses. Development order applications for maior conditional uses
shall be reviewed bv staff and the development review committee. Following a public
hearinq. the planninq. zoninq, and appeals board shall make a recommendation of
approval, approval with conditions, or denial to the citv council. The citv council shall
hold a public hearinq prior to approvinq. approvinq with conditions, or denying the maior
conditional use.
(1) Reconsideration. Anv maior conditional use which has been denied bv the city
council shall not be eliaible for reconsideration for 6 months from the date the
application was denied, unless there has been material change to the application as
determined bv the urowth manaqement director.
IC) Minor conditional uses. Development orders for minor conditional uses shall be
reviewed bv staff and the development review committee. The development review
committee shall approve, with or without conditions, or denv the application. Followinq
a decision bv the development review committee. the growth manaqement director shall
issue a written order consistent with the decision of the development review committee.
(1) Public notice.
a. The applicant shall obtain from the Palm Beach Countv property appraiser’s
office a certified Property owners’ list of all property owners within 500 feet of
the site affected bv the minor conditional use. The applicant shall be
responsible for composing and mailing or hand-delivering at least 15 davs
before the scheduled development review committee meetinu the reuuired
public notices to the property owners affected bv the minor conditional use.
The applicant shall submit an affidavit to the urowth manaqement department
director statinq such notices were sent to all propertv owners within the
desiqnated area.
b. The city clerk shall post a notice in a public place at the citv hall complex at
least 15 days before a scheduled development review committee clivinq the
date and time of the meetinu and the items to be considered.
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Date Prepared: March 11,2005
Ordinance 6, 2005
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12) Appeal Procedure. Appeals from a decision bv the development review committee
shall be made throuqh the srowth manasement department to the planninq, zoninq, and
appeals board within 30 calendar davs of issuance of the written order. Appeals shall
be scheduled for the next available agenda of the planninq, zoninq, and appeals board
within 30 davs from date of receipt of the appeal. Appeals from a final decision of the
board shall be made within 30 calendar davs of such decision and shall be filed with the
Circuit Court of the Fifteenth Judicial Circuit.
/3) Reconsideration. Any minor conditional use which has been denied by the
development review committee shall not be eliaible for reconsideration for 6 months
from the date the application was denied, unless there has been material change to the
application as determined bv the srowth manaaement director.
(d)(aj Criteria. In addition to the application requirements listed above, a
development order application for a minor or maior conditional use approval shall
demonstrate compliance with the criteria listed below. ...
le) 0 Enforcement. In addition to the provisions of chapter 2 of the city code,
conditional uses are subject to the enforcement procedures listed below.
(1) Revocation. The city council shall have the power to revoke maior conditional
uses for noncompliance with conditions of development approval. The arowth
manaqement director shall have the power to revoke minor conditional uses for
noncompliance with conditions of approval.
(2) Removal.
a.
b.
Maior conditional uses. The city council shall have the right to compel removal
of offending structures or uses that are accessorv to or part of the maior
conditional use at the cost of the violator and may record a lien against the
property to recover its costs.
Minor conditional uses. The growth manaqement director shall have the rhht
to compel removal of offendinq structures or uses that are accessory to or Dart
of the minor conditional use at the cost of the violator and mav record a lien
aqainst the Dropertv to recover its costs.
(3) Inspections. The growth management department shall review and inspect
conditional uses to ensure compliance with conditions of approval. Fahe-b
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Date Prepared: March 11,2005
Ordinance 6,2005
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a. All minor conditional uses which fail to complv with any or all conditions of
approval shall be reported to the growth manasement director. The report shall
specifv the manner in which the landowner is not complvinn with one or more
conditions of approval. The srowth manasement director mav:
1. Request timelv compliance with the conditions of approval;
2. Direct initiation of code enforcement proceedinqs pursuant to article VI1 of
this chapter: or
3. Initiate the lenal action and procedures necessary to revoke the minor
conditional use.
- b. All maior conditional uses which fail Faikwe 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:
1. a. Request timely compliance with the conditions of approval;
2. kk Direct initiation of code enforcement proceedings pursuant
VII: or
to article
3. - 6. Initiate procedures to revoke the maior conditional use. If the city
council initiates procedures to revoke the maior conditional use, a hearing
on the report shall be scheduled within a reasonable time, and notice of
the time and place of the hearing shall be furnished to the landowner. If
the city council finds that the facts 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 maior
conditional use. The city council also may authorize the city manager and
take the necessary legal action to terminate the maior conditional use and
all uses authorized by that approval.
ffl Prior conditional uses. Anv land use which was lenallv established prior to (date of
adoption of this ordinance). and thereafter is classified bv this chapter as a maior or
minor conditional use, will be considered a legal nonconforminq use.
/1) Amendments to prior conditional uses. Conditional use amendment applications
shall be reviewed in the same manner as required bv this section and as determined by
the maior or minor conditional use cateqories identified in Section 78-159, Table 21,
Chart of Uses.
SECTION 7.
notice” is amended to read:
Section 78-54, Land Development Regulations, entitled “Public
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Date Prepared: March 11,2005
Ordinance 6, 2005
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Sec. 78-54. Public notice.
(a) Public notice. Public notice, including mail notice, posting of property, and
newspaper advertising, shall be provided as required below and as indicated in Table 4.
In the event of a conflict between the table and the text, the requirements of the text
shall prevail.
Table 4: Required Public Notice for Public Hearings
...
(The preceding rows of Table 4 have been omitted for brevity.)
mr 10 Days 10 Days 75 Days 70 Days 10 Days 70 Days
Conditional
Use I51 - Minor 15 davs I 15 Davs (5)
Conditional
Use
-- - -_
*** (The remaining rows of Table 4 have been Omitted for brevity.)***
Notes:
(1) Number of calendar days prior to date of public hearing.
(2) Second public hearing held at least ten days after first public hearing.
(3) The first public hearing must be held on a weekday, and both public hearings must be held
after 5:OO p.m. unless otherwise determined by the city council.
(4) Public hearings must be held on a weekday.
[5\ Public notice for develoDment review committee meetinas require Dostinn at the citv hall
comDlex onlv.
SECTION 8. Section 78-56, Land Development Regulations, is created to read:
See. 78-56. Appeals and reconsideration.
(a) Appeals. Appeals from a final decision of the planning, zoning, and appeals board
or the city council shall be made within thirty calendar days of such decision, and shall
be filed with the Circuit Court of the Fifteenth Judicial Circuit.
(b) Reconsideration.
(1) Rezoning. Any parcel, or substantially the same parcel, which is the subject of a
rezoning which has been denied by the city council shall not be eligible for
reconsideration again by the planning, zoning, and appeals board or the city council for
a rezoning to the same classification for one year from the date such application was
denied by the city council, unless there has been material change to the application as
determined by the growth management director.
12
Date Prepared: March 11,2005
Ordinance 6, 2005
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(2) Other development orders. Any parcel, or substantially the same parcel, subject of
an application for development order approval, including any form of conditional use,
major or minor site plan review, or development order amendment, which has been
denied by the development review committee, the city council, or the planning, zoning,
and appeals board, shall not be eligible for reconsideration by that body for six months
from the date the application was denied, unless there has been material change to the
application as determined by the growth management director.
SECTION 9. Section 78-1 59, Land Development Regulations, entitled
"Permitted uses, conditional, and prohibited uses" is amended to read:
Sec. 78-159. Permitted uses, minor and maior conditional uses, and prohibited
uses.
(a) Permitted, minor conditional, major conditional, and prohibited uses. Permitted
uses, minor conditional, maior conditional uses, and prohibited uses are established in
Table 21. The use of all new or existing buildings, structures, and properties shall
conform with the requirements of Table 21. Additional standards applicable to certain
uses are indicated in this table. For the purposes of this article, uses shall be defined as
indicated below.
(b) Permitted uses. Any use allowed as a matter of right in a zoning district, subject to
review by city staff and compliance with all requirements contained in this chapter.
(c) Conditional uses.
(1) Maior conditional use. Any use that may be allowed, subject to review and
consideration by the planning, zoning, and appeals board and city council as provided in
this chapter.
(2) Minor conditional use. Any use that may be allowed, subject to review and
consideration by the develoDment review committee as provided in this chapter.
(d) Prohibited uses. Any use not listed as a permitted use, minor conditional use, or
maior conditional use in Table 21 , or not recognized as a similar use, is a prohibited use
and shall not be established.
(e) PGA Boulevard overlay corridor. Permitted and prohibited uses within the PGA
overlay corridor are established in division 2 of article V, and shall pre-empt any
permitted or conditional uses allowed herein.
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(f) Similar uses. A use not listed in Table 21 , but possessing similar characteristics,
including, but not limited to size, intensity, density, operating hours, demands for public
facilities such as water and sewer, traffic impacts, manufacturing and business
practices, may be established upon approval by the growth management director. Such
uses shall be subject to all requirements of the uses to which they are similar. Appeals
of such determinations shall be made to the planning, zoning, and appeals board. The
growth management director shall notify the city manager, in writing, of
all decisions regarding similar uses.
(9) Variances. A variance from the additional standards applicable to certain uses
established herein shall not be granted by the develoDment review committee or the
planning, zoning, and appeals board.
(h) Waiver. A waiver from the additional standards applicable to certain uses
established herein may be granted by the city council as part of approval of a planned
unit development or planned community district, subject to the requirements of section
78-1 58. ...
Table 21: Permitted, Conditional, and Prohibited Use Chart
Notes:
P = Permitted Use
Blank = Prohibited
PUDs and PCDs = Permitted Uses by Development Order Approved by City Council
C = Minor Conditional Use C*= Maior Conditional Use
LI
RE RRlO RR20 RL1 RL2 RL3 RM RH RMH PO CN CGI CG2 CR MI M1A M2 P8l CONS PDA Note
CATEGORYNSE
RESIDENTIAL
Wlo Home
Residential
Home, Type I (6
01 less residents)
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Ordinance 6, 2005
CG2 CR M1 M1A M2 PBI
- C - C
- C' - c'
CONS PDA Nots 3
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Ordinance 6,2005
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CATEGORYNSE
Restaurant Fast
Food (with OT wlo
hthmugh)
Restaurant
Spsdalty
Restaurant
QuaUty
Rsstaumt Take
PERSONAL SEW
Animal Boarding
Kennel
AuWruck Fleet
Maintenance
shops and
Garages
MRldrBody RepaC Sh~p
AubtnaWSet
Serve Car Wash
BanklFimmdal
InsLiMim w/Drive
Through
BanWmancid
lnslitution w/o
Drive Through
Banquet Facility
and Vocational
Storage Yard
Date Prepared: March 11,2005
Ordinance 6, 2005
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Ordinance 6, 2005
mi0
PP
I I
nd Mutt
Electronic Repair
ma
Exterminalion
Funeral Home
Fitness, Weight
Hwsekeeping
and Janitorial
Senrices
Laboratory,
General
Labaratwy,
Dental or Medical
Laundry, set
service
Laundry and dry-
cleaning Pickup
stauon
Laundry, Linen
Suppty and
Cleaning Service
LockSmith
Machine shop
Mail and Packng
Store, Private
Marina,
Commercial
Marina, private
MooringwDock
knaoe
1-
M1A
- P
E
- P
P -
- P
- P - c
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PP
P
P
P
P
P
PP
Professiond and
Uniumily, Public
cu Mate
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Ordinance 6, 2005
PDANote
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Bulldns SUPPIY,
mlesale
Fb&t
Food Products.
Wholesale
Storage and
Sales
wholesale and
Warehwsing,
General
INDUSTRIAL AND MANUFACTURING
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Ordinance 6, 2005
Agrkubre
Excavation and
F1, and eOrrow
Pit Operations
OTHER
Accc#soryuses P P P P P P P P P P P P
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Ordinance 6, 2005
RE RRIO WO RL1 RL2 RL3 RM RH RMH PO CN CGi CG2 CR M1 MIA M2 P81 CONS
CATEGORYNSE
Mobile Home, cccc csccc
Tsmpoarv
PDA Note
c 67
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(j) Additional standards. The following standards apply to specific uses as indicated
in the "Note" column of Table 21.
(Note: ". . . " indicates unchanged language omitted for brevity.) ...
(IO) Auto rental, accessory. Accessory auto rental shall be permitted in conjunction
with an approved hotel or motel use, and shall comply with the standards provided
below.
a. The storage of automobile rentals and storage of inventory may be permitted as
a minor conditional use in conjunction with an approved hotel use of not less
than 100 hotel rooms. ...
(1 1) Auto service station. Auto service station shall include sale of gasoline and diesel
products, auto parts and accessories, and repair of vehicles. May include auto repair,
subject to the restrictions contained within this section for such use. Auto repair
facilities shall comply with the standards listed below. ...
d. Sale of convenience items, including food, beverages, tobacco products, etc.,
in an existing, new, or converted auto service station requires maior conditional
use approval. ...
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(12) Auto tire sales and installation. Auto tire sales and installation shall be allowed as
a maior conditional use in CGI zoning districts and a Dermitted use in CG2 zoning
districts. Auto tire sales and installation include sales, installation, repair and
maintenance of tires and accessories, and front end alignment, wheel balancing, and
similar tasks. The use may include sale and installation of batteries, shock absorbers
and struts, oil and fluid changes, brake repair and replacement, and installation of
mufflers and tail pipes. Bay doors shall not be oriented toward public rights-of-way or
residential zoning districts. However, bay doors may be so oriented if visibility from a
public right-of-way is completely and permanently screened by a building, opaque
masonry wall, or a similar fixed structure.
(13) Convenience stores with gas sales. Convenience stores with gas sales are
stores which sell convenience food items, including food, alcoholic and non-alcoholic
beverages, snacks, tobacco products, ice, and frequently-needed household items.
Convenience stores with gas sales shall comply with the standards listed below. ...
e. Co-location of fast food restaurants with convenience stores may be permitted
as a minor conditional use subject to the following: ...
(25) Showroom, general. General showroom is an establishment where merchandise
or services are displayed for advertising or sale purposes. Showrooms shall comply with
the standards listed below. ...
b. The merchandise or services displayed, advertised, or sold shall be consistent
with the manner in which uses are established in these land development
regulations as permitted uses, minor conditional uses, or prohibited uses. ...
(29) Bank or financial institution. Bank or financial institution with more than four drive:
through windows shall be a maior conditional use. ...
.. .. /32) Reserved.
...
(40) Marina, commercial and residential docks.
a. Marinas are permitted as a-maior conditional uses in certain residential and
nonresidential districts, and may be approved as an element of a planned
development. Any uses associated with marinas, such as fueling, repairs and
maintenance, retail sales, hauling and storing, and yacht club facilities may be
permitted within certain districts, as provided below.
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Ordinance 6, 2005
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1.
3.
In residential districts, fueling may be allowed as an ancillary use if
approved as a maior conditional use. ...
In CG-1, CG-2, PUD, and PCD zoning districts, accessory uses may
include marinas offering permanent, seasonal, or transient live aboard
accommodations. Marinas offering such accommodations shall provide
hookup service to approved onshore potable water sources and
wastewater treatment systems, if approved as part of a maior conditional
use. ...
(44) Self service storage. Self service storage facilities shall comply with the standards
listed below.
a. Individual storage areas shall not exceed 400 square feet.
b. Security or caretakers quarters may be established as an accessory use, shall
not exceed 1,000 square feet, and shall be utilized only by an employ of the
facility.
c. Storage of boats and recreational vehicles may be allowed, subject to the
following:
1. Storage shall occur only within a designated area, approved as part of the
overall site plan;
2. Storage area shall not exceed 25 percent of the lot area of the site;
3. Boats shall be stored on trailers with wheels; and
4. Storage areas shall be completely screened from public rights-of-way or
adjacent residential zoning districts, utilizing districts, utilizing either the
buildings associated with the storage facility or by an opaque masonry
wall, or equivalent approved by the city, at least six feet in height.
d. Self storaqe buildings shall have architectural features and patterns that
provide visual interest. Facades shall be designed to reduce the mass/scale of
the self storaQe buildinq. Building wall articulation, including fenestrations,
proiections, recesses, and changes in floor level shall be used to add
architectural interest and varietv, and to relieve the visual effect of blank walls
or larue areas of a plain appearance.
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Ordinance 6,2005
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e. If other buildinak) exist on site, or are proposed to be located on site, the self
storage buildina shall provide massina elements to provide a transition between
the existing buildings of lower heiqht. The self storaqe building shall consist of
the same architectural style of the existinq. or Proposed, building(s1.
f. Variations in roofline shall be required to reduce the mass of the self storage
buildina. Roof features shall be in scale with the mass of the buildina and
comDlement the character of adioinina andlor adiacent buildinqs and
n eiq h bo rhood s.
g. Gutters and downspouts, if utilized, shall be painted to match the surface to
which they are attached.
h. Self storaqe buildinas shall meet a minimum of five of the followinq desiqn
treat me nts:
1. Canopies or porticos, integrated with the buildinqs massinq styles;
2. Overhangs proportional in size to the mass of the building;
3. Arcades, with a minimum eiqht-foot width;
4. Pitched roof forms over substantial portions of the building’s perimeter
including gable and hip roofs;
5. Ornamental and structural architectural details;
6. Decorative tower features;
7. Appreciable vertical and horizontal breaks of the plane of the buildinq; and
8. Exterior arched treatment on at least two sides of the buildina
i. All self storage bays shall be 100% indoor. Outdoor storage is prohibited within
CG-1 and CG-2 zonina districts.
... -
(48) Veterinary office and clinic. Veterinary offices and clinics e3c6k1$86 &kes with
kennels &/or overnight boarding facilities shall not be allowed unless soundproofed
and approved as a minor conditional use.
(49) Churches and places of worship shall comply with the standards provided below.
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a.
b.
d.
Date Prepared: March 11, 2005
Ordinance 6, 2005
Less than 1,000 permanent seats or approved capacity may be located as a
maior conditional use in any residential zoning district, and in CG-1, CG-2, and
P&l zoning districts.
More than 1,000 permanent seats or approved capacity may be located as a
maior conditional use in the following districts: CG-1 , CG-2, PI, M-1 , M-?A, and
M-2. ...
The following uses may be included within any maior conditional use approval
granted by the city council to establish a church or place of worship, or as an
additional maior conditional use operating as part of the facility:
1. School, elementary or secondary;
2. Day care, child;
3. Day care, adult;
4. Assisted living facility; and
5. Monastery or convent. ...
(54) Schools, public or private. Public or private schools are public or private
elementary or secondary schools conducting regular classes with a course of study
approved by the Florida Department of Education. All schools shall comply with the
standards listed below.
a. Shall conform to all city concurrency requirements.
b. Shall connect to public water and sewer treatment systems, or other
systems approved by the city and the county health department.
c. Shall be approved as a rnaior conditional use. ...
(62) Utility plant and major substation. Water treatment, sewer treatment, electric, gas,
or other utility plants and major substations are permitted as a rnaior conditional use in
the following zoning districts: PII, PDA, CONS, MI, MlA, and M2. Utility plants and
major substations shall comply with the standards listed below. ...
(65) Agriculture. Agriculture does not include the following: commercial feed lots,
raising or sale of fur-bearing animals, riding academies, livery or boarding stables, or
dog kennels. All aqricultural uses existing as of (the date of ordinance approval) are
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Date Prepared: March 1 I, 2005
Ordinance 6, 2005
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permitted to continue. Anv proposed expansion of existing asricultural uses or
proposed chanae that increases the imDacts of the existins asricultural uses, includina
but not limited to. those which require removal of anv environmentallv sianificant lands
{udand and wetland). requires a maior conditional use approval.
(66) Excavation and fill, and borrow pit operations. Excavation and fill, and borrow pit
operations shall comply with the standards provided below. ...
b.
d.
Operations allowed. Excavation and fill operations and borrow pit operations
may be allowed as provided below. ...
2. Borrow pit operations may be allowed upon application to the city and
approval by the city council as a maior conditional use, in accordance with
the provisions of division 1 of article Ill of this chapter. ...
Permits, plans and specifications, surety, and permit fees for borrow pit
operations. Borrow pit operations may be allowed, subject to the requirements
listed below.
1. Before borrow pit operations begin, the owner, the lessee, or an
authorized agent of the owner or lessee of the affected property shall
obtain approval and a permit for a maior conditional use, as well as all
applicable counties, water management districts, state, or federal permits. ...
(67) Mobile home, temporary. The temporary minor conditional use of a mobile home
may be authorized by the 4tyexmd development review committee when such use is
necessary and incidental for maintaining security in remote or isolated areas of the city
or areas reasonably inaccessible to regular police patrol or where reasonable regular
police patrol cannot be maintained due to the vastness of an area. ...
(68) Recreational uses, accessory. Any parks, playgrounds and play fields, or
recreational or community structures maintained by any property owners' association
are permissible maior conditional uses in any zoning district. ...
SECTION IO. Codification of this Ordinance is hereby authorized and directed.
SECTION 11. This Ordinance shall become effective immediately upon
adoption.
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Date Prepared: March 1 1,2005
Ordinance 6, 2005
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PASSEDthis 7” dayof @&L , 2005, upon first reading.
PASSED AND ADOPTED this P’’ day of plw, ,2005, upon second
and final reading.
CITY OF PALM
BY:
- Vice Mayor Eric Jablin
U
-- J/
AGAINST ABSENT
ATTEST:
BY:
APPROVED AS TO FORM AND
LE GAL SUFFICIENCY
BY
Christine P. Tatum, City Attorney
G:\altorney-share\ORDINANCES\conditional uses - ord 6 2005-as amended at 2nd rdng.doc
28
October 19,2001
RESOUTION 156,2001
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, SUPPORTING THE
RESULTS OF THE NORTHERN PALM BEACH COUNTY
TRAFFIC SUMMIT CONDUCTED IN THE CITY OF PALM
BEACH GARDENS ON MARCH 30 AND 31, 2001; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens has taken a leadership role in
addressing existing and potential traffic congestion in Palm Beach Gardens and adjacent
areas; and
WHEREAS, in coordination with Palm Beach County and the Town of Jupiter, the
City of Palm Beach Gardens hosted the Northern Palm Beach County Traffic Summit on
March 30 and 3 1 2001 which was attended by local officials representing various local
governments and other groups in northcrn Palm Beach County and southern Martin
County; and
WHEREAS, the City of Palm Beach Gardens formally supports the recommended
policies that resulted from the traffic summit and is working with the other communities in
this area to implement those policies.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS:
Section 1. The City Council hereby supports the “Summary of Results” from
the Northern Palm Beach County Traffic Summit, as indicated in the attached Exhibit
“A.” The top four problems identified in these results are connectivity, land-use patterns,
level of service and modes of transportation.
Section 2. The City Council hereby acknowledges that the above problem
areas are conceptual and have different relevance to individual projects based on the
design parameters of the specific project.
Section 3. The results of the traffic summit shall be used as a planning tool and
policy statement, but neither the adoption of this document by the City Council nor the
inclusion of any statement within this document is intended to amend, alter or modify the
existing comprehensive plan or ordinances of the City of Palm Beach Gardens. Any such
changes necessary to implement the results of the traffic summit would require subsequent
adoption in accordance with the applicable procedures required by the City Charter and
Florida law.
Section 4. This resolution shall become effective upon adoption.
Resolution I 56,200 1 1
I
n i -3 October 19,200 1
--I
P PASSED AND ADOPTED THIS / DAY OF m-& 2001
. RUSSO
AND SUFFICIENCY:
/-=--@& LEONARD RUBIN
CITY ATTORNEY
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILPERSON CLARK
COUNCILPERSON FURTADO
COUNCILPERSON SABATELLO
g:\sc\resoI\trafsummit
Resolution 156,2001
AYE
f
2
NAY ABSENT
+i’, .’ ‘5 EXHIBIT “A”
NORTHERN PALM BEACH COUNTY TRAFFIC SUMMIT
I SUMMARY OF RESULTS I
SUMMARY
All traffic problems discussed fell into five categories:
Community Character
Connectivity
Land Use Patterns
Level of Service
Modes of Transportation
The five top problems identified in each category were as follows:
Community Character:
Lack of Connectivity
Mass transit not used or accepted
Existing power lines
Lack of pedestrian bike paths between neighborhoods
No intergovernmental coordination
Connectivity:
Gated communities with single enby
Lack of pedestrian paths between neighborhoods
Lack of optional routes
Resistance to connectivity
Not enough east/ west corridors
Land Use Patterns:
Connectivity
Disincentives for collaborative work
Resistance to connectivity
General separation of land uses
Low-density development creates greater distances
Level of Service
Uniform countywide level of service encourages sprawl
Constricted roadway at lower level of service (CRALLS)
Lack of connectivity
Disincentives for collaborative work
Defining reasonable standards for capacity
Modes of Transportation
Lack of bding
Lack of meaningful bus service
Lack of optional routes
Cars needed to perform routine tasks
Mass transit not used or accepted
NORTHERN PALM BEACH COUhTY TRAFFIC SUMMIT, MARCH 30 & 31,2001
FlNAL REPORT
Winchester Courts Home Owners Association
Road Committee
c/o Donald Gibson
1 1564 Winchester Drive
Palm Beach Gardens, FL 33410
Charles Wu
c/o The City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
September 27,2005
Dear Charles,
In reference to Parcel 5A, Winchester Courts HOA would like to request the following:
That a 100 foot buffer of thick vegetation, starting at the East end of the bridge and continuing to
the East end of the lake and abutting the preserve, be planted as per DOT specs for a buffer zone
to mitigate noise. We feel very strongly about requesting this, as we were not notified publicly
nor individually about a road and bridge being built between A1A and Military Trail from the
City of Palm Beach Gardens, nor from Catalfumo Construction. Neither were we informed nor
asked about the road in reference to where it should be built, how it should be built or any type of
buffering that may be used to mitigate the noise level that would be impacted upon us by the
truck and car traffic coming from the industrial site that was being proposed. There was,
however, a twelve-acre buffer that was brokered for single family dwellings (Garden Woods).
Had we been informed of this, we would have requested that buffer to be extended down the full
length of the lake, to include protecting Winchester Courts from the impending traffic noise.
As it stands now, there is an approximate 58 foot buffer, excluding 150 feet near the bridge,
which is the closest area to the Winchester Court homes. Here it tapers to only 12-15 feet of
sloping land, with no buffer offered. The 100 foot buffer has been suggested by the Florida
Audubon Society and the Florida Fish and Game Commission, who has been onsite to peruse the
nests of water fowl and birds in the immediate area.
When we appeared in front of the Town Council and Dan Clarke, the City Engineer, at our
meetings in the Spring of this year, they asked that we request a buffer at this time, when it will
go before the Zoning and Planning Board. This is all recorded in the minutes of those meetings,
as well as all correspondence between the City of Palm Beach Gardens and the Winchester
Courts HOA.
Thank you for your attention to this and we look forward to your immediate reply.
Sincerely,
Winchester Home Owner’s Association
Road Committee
CITY OF PALM BEACH GARDENS
SEP 2 8 2005
PLANNING & ZONiNG DEPT,
W rn W 9
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ORDINANCE 34,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, REZONING A PARCEL OF LAND
CONSISTING OF 78.96 ACRES, GENERALLY BOUNDED BY
WEST, THE WINCHESTER COURTS AND GARDEN WOODS
RESIDENTIAL DEVELOPMENTS TO THE NORTH, ALTERNATE
AIA TO THE EAST, AND PGA BOULEVARD TO THE SOUTH, AS
MORE PARTICULARLY DESCRIBED HEREIN, FROM RESEARCH
AND LIGHT INDUSTRIAL PARK (MI) AND PLANNED
DEVELOPMENT AREA (PDA) ZONING DESIGNATIONS TO A
PLANNED COMMUNITY DISTRICT OVERLAY (PCD) ZONING
DESIGNATION WITH AN UNDERLYING ZONING OF RESEARCH
AND LIGHT INDUSTRIAL PARK (MI), TO BE REFERRED TO AS
THE “PGA CORPORATE CENTER PCD”; AMENDING THE ZONING
DISTRICT MAP; AND PROVIDING AN EFFECTIVE DATE.
INTERSTATE 95 RIGHT-OF-WAY AND MILITARY TRAIL TO THE
WHEREAS, the City has received a request from Mr. Ryan Johnston of
Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida,
LLC, for approval of a rezoning from Research and Light Industrial Park (MI) and
Planned Development Area (PDA) zoning designations to a Planned Community District
Overlay (PCD) zoning designation with a Research and Light Industrial Park (MI)
underlying zoning designation for a 78.96-acre parcel generally bounded by Interstate
95 right-of-way and Military Trail to the west, the Winchester Courts and Garden Woods
residential developments to the north, Alternate AIA to the east, and PGA Boulevard to
the south, as more particularly described herein; and
WHEREAS, the subject site is currently zoned Research and Light Industrial
Park (MI) and Planned Development Area (PDA) and has a land-use designation of
Industrial (I); 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 held a public hearing on
October 11, 2005, and has recommended approval of the rezoning to the City Council
with a vote of 7-0; 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
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Date Prepared: October 19, 2005
Ordinance 34, 2005
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant 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 Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The 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
Research and Light Industrial Park (MI) and Planned Development Area (PDA) zoning
designations to a Planned Community District Overlay (PCD) zoning designation with
an underlying zoning designation of Research and Light Industrial Park (MI) to be
referred to as the "PGA Corporate Center PCD":
LEGAL DESCRIPTION:
ALL THAT PORTION OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST
AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM BEACH
GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO
SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT
BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY 1-95; AND LYING NORTHERLY OF THE
HIGHWAY 1-95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF PGA
BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE
NORTHERLY LIMITED ACCESS RIGHT OF WAY LINE FOR SAID INTERSTATE
OF THE FLORIDA EAST COAST RAILROAD.
LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED
AS PARCEL 100, AS RECORDED IN OFFICIAL RECORD BOOK 10839, PAGE 1477,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE
OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK
18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORl DA.
CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN
CONTAINING 3,439,345 SQUARE FEET OR 78.956 ACRES, MORE OR LESS.
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Date Prepared: October 19,2005
Ordinance 34, 2005
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 become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: October 19,2005
Ordinance 34,2005
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PASSED this !'?'day of &lo V@6M , 2005, upon first reading.
PASSED AND ADOPTED this day of , 2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFlClE NCY
Christine P. Tatum, City Attorney
\\Pbgsfile\ ttorney\attorney-share\ORDI N JCESEA - on 3
FOR AGAINST ABSENT
2005.doc
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RESOLUTION 166,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
CENTER PLANNED COMMUNITY DEVELOPMENT (PCD)
MILITARY TRAIL TO THE WEST, THE WINCHESTER COURTS AND
GARDEN WOODS RESIDENTIAL DEVELOPMENTS TO THE
NORTH, ALTERNATE AIA TO THE EAST, AND PGA BOULEVARD
TO THE SOUTH, AS MORE PARTICULARLY DESCRIBED HEREIN,
TO ALLOW THE DEVELOPMENT OF 240,000 SQUARE FEET OF
OFFICE USE AND 600,000 SQUARE FEET OF LIGHT INDUSTRIAL
USE, INCLUDING A MAXIMUM OF 42,000 SQUARE FEET OF
ANCILLARY COMMERCIAL USE, ON 17 INDIVIDUAL PARCELS;
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE 78.96-ACRE PGA CORPORATE
GENERALLY BOUNDED BY INTERSTATE 95 RIGHT-OF-WAY AND
WHEREAS, the City has received a request from Mr. Ryan Johnston of
Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida,
LLC, for approval of a master development plan for the 78.96-acre PGA Corporate
Center Planned Community Development (PCD) generally bounded by Interstate 95
right-of-way and Military Trail to the west, the Winchester Courts and Garden Woods
residential developments to the north, Alternate AIA to the east, and PGA Boulevard to
the south, as more particularly described herein, to allow the development of 240,000
square feet of office use and 600,000 square feet of light industrial use, including a
maximum of 42,000 square feet of ancillary commercial use, on 17 individual parcels;
and
WHEREAS, the subject site has a Planned Community District Overlay (PCD)
zoning designation with an underlying zoning designation of Research and Light
Industrial Park (MI) and has a land-use designation of industrial (I); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its October 11 , 2005, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant and other interested parties and the recommendations of the
various City of Palm Beach Gardens review agencies and staff; and
Date Prepared: October 19, 2005
Date Prepared: October 19, 2005
Resolution 166,2005
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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. Ryan Johnston, of
Catalfumo Construction and Development, Inc., on behalf of PGA North II of Florida,
LLC, is hereby APPROVED on the following described real property, to permit the
development of 240,000 square feet of office use and 600,000 square feet of light
industrial use, including a maximum of 42,000 square feet of ancillary commercial use,
on 17 individual parcels within the 78.96-acre PGA Corporate Center PCD generally
bounded by Interstate 95 right-of-way and Military Trail to the west, the Winchester
Courts and Garden Woods residential developments to the north, Alternate AIA to the
east and PGA Boulevard to the south, subject to the conditions of approval contained
herein, which are in addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION:
ALL THAT PORTION OF SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42 EAST
AND SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY,
FLORIDA, LYING SOUTHERLY OF PLAT NO. 4 OF THE CITY OF PALM BEACH
GARDENS, AS RECORDED IN PLAT BOOK 27, PAGES 4 THROUGH 6, AND ALSO
SOUTHERLY OF THE PLAT OF WINCHESTER COURTS, AS RECORDED IN PLAT
BOOK 37, PAGES 153 THROUGH 155, ALL OF THE PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; AND LYING EASTERLY OF THE EASTERLY RIGHT-
OF-WAY LINE OF INTERSTATE HIGHWAY 1-95; AND LYING NORTHERLY OF THE
NORTHERLY LIMITED ACCESS RIGHT-OF-WAY LINE FOR SAID INTERSTATE
HIGHWAY 1-95 AND NORTHERLY OF THE NORTH RIGHT-OF-WAY LINE OF PGA
BOULEVARD; AND LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILROAD.
LESS AND EXCEPTING THEREFROM THE FOLLOWING PARCEL AS IDENTIFIED
AS PARCEL 100, AS RECORDED IN OFFICIAL RECORD BOOK 10839, PAGE 1477,
OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
LESS AND EXCEPTING THEREFROM THE PARCEL OF LAND CONVEYED TO THE
OFFICIAL RECORD BOOK 17322, PAGE 1841, AND OFFICIAL RECORDS BOOK
18372, PAGE 1906, OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,
FLO R I DA.
CITY OF PALM BEACH GARDENS BY THE RIGHT-OF-WAY DEED RECORDED IN
CONTAINING 3,439,345 SQUARE FEET OR 78.956 ACRES, MORE OR LESS.
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Date Prepared: October 19,2005
Resolution 166, 2005
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
Section 78-506, Sidewalks, to allow a sidewalk on only the south side of
Kyoto Gardens Drive.
Section 78-563, Lake maintenance tracts, to allow for landscaping within the
Lake Maintenance Easement (LME) on the south side of the lake as
reflected on the approved site plan.
approves the following two (2) waivers:
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SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Planning and Zoninq
1. At the time of platting, the Applicant shall dedicate a IO’ x 30’ easement
along Kyoto Gardens Drive for a bus/trolley shelter. Within sixty (60) days
of a written determination from Palm Tran or the City Council that a
bus/trolley shelter will be utilized on the subject site, the Applicant, its
successors, or assigns shall submit an application for an administrative
approval to allow for review and approval of the site plan, landscape plan,
and building elevations for the bus shelter. The bus shelter design shall be
consistent with the City Council’s previous approval of such shelters. The
Applicant, its successors, or assigns shall be responsible for the
construction of a bus shelter in a timely manner to accommodate Palm
Tran’s or the City’s needs for the bus shelter. The bus shelter shall be
constructed within six (6) months of the approval of the administrative
amendment, unless another time frame is established in the administrative
approval. (Planning & Zoning)
2. Prior to the issuance of each permit for vertical construction, the Applicant
shall contribute one percent (1%) of the construction cost of the building(s)
towards art in public places regardless of whether or not said building(s)
exceeds the $1,000,000 threshold for vertical construction costs. Prior to
the issuance of each permit for vertical construction, the Applicant shall
submit to the City documentation showing that a deposit was made with the
developer’s attorney into an escrow account in an amount of money equal
to the art fee. All of the art in public places funds collected on the Property
shall be utilized to create an art piece or series of art pieces that satisfy the
art in public places requirements for all buildings on site. Said art shall be
approved by the City in accordance with the provisions of the LDRs; shall be
installed at the intersection of Kyoto Gardens Drive and RCA Center Drive,
subject to the approval of the City Engineer and City Forester, unless
otherwise determined by the Art in Public Places Advisory Board and the
City Council; and shall be installed prior to the last Certificate of Occupancy
on site. The parcels adjacent to the intersection shall dedicate an easement
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Date Prepared: October 19, 2005
Resolution 166, 2005
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on each lot for art in public places at the corners of the intersection during
the replat process for the parcels. The size of the easement shall be
determined during the site plan review process. Should the Applicant
choose not to provide the art on site, the Applicant shall instead contribute
the required funds to the City’s art account. If the Applicant chooses the
option of providing art funds, (1) the Applicant shall provide notification to
the City in writing that it has chosen the art funds option prior to the
issuance of the first building permit for vertical construction; (2) the
Applicant will have no input in the use of such funds; and (3) the art in public
places easements shall be abandoned. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy on site, the
Applicant shall obtain approval of a Master Signage Program for the
Property. (Planning & Zoning)
The Applicant shall provide vehicular connections between sites so that
vehicles parked within the site that wish to access RCA Center Drive may
do so without having to utilize Kyoto Gardens Drive. (Planning & Zoning)
The development on site shall be limited to a maximum of 600,000 square
feet of light industrial use and a maximum of 240,000 square feet of office
use. Any proposed increase in the office square footage that is determined
by staff to meet the thresholds established in the Florida Statutes for
Development of Regional Impact review shall be accompanied by a Letter of
Interpretation from the Florida Department of Community Affairs confirming
that the project is not required to undergo Development of Regional Impact
review. Any increase in the office square footage shall also be subject to
review by the City Council. (Planning & Zoning)
Prior to the issuance of each occupational license or building permit for
interior improvements to tenant spaces, the Applicant, its successors, or
assigns shall submit a breakdown, by use (office, industrial, and any
ancillary commercial), of the gross square footage within the PCD for
approval by the Planning and Zoning Division. (Planning & Zoning)
Retail sales and consumer services establishments are allowed only as
accessory uses to any permitted or conditional use within the MI zoning
district. However, the commercial uses shall not occupy more than five
percent (5%) of the gross floor area of all buildings within the development.
(Planning & Zoning)
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Date Prepared: October 19, 2005
Resolution 166, 2005
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During the period of effectiveness of this development order, the Applicant
shall annually provide the City with a status report on all the approved
elements of the PCD, including a summary of completed construction, a
schedule of proposed construction over the remaining life of the
development order, and verification of compliance with all conditions of
approval. The annual report should be provided each year prior to the
anniversary date of the approval of this Resolution. (Planning & Zoning)
Prior to the issuance of first Certificate of Occupancy on site or within sixty
(60) days of the acceptance of the Kyoto Gardens Drive construction by the
City, whichever comes first, the Applicant shall install at least two (2)
fountains within the lake, to the satisfaction of the City Engineer, at locations
approved by the Growth Management Administrator. (Planning & Zoning,
City Engineer)
The Public Access Easements that provide access to certain parcels from
Kyoto Gardens Drive shall have sidewalks on both sides, with a minimum
width of five (5) feet. (Planning & Zoning)
Applicants requesting site plan approval for the individual parcels within the
PCD shall send public notices via regular mail to all property owners within
500 feet of the PCD boundaries at least ten (IO) days prior to any Planning,
Zoning, and Appeals Board or City Council meeting at which said site plan
application will be heard. (Planning & Zoning)
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BY (sixty (60) days from the date of this approval), the Applicant
shall submit a landscape plan, to the satisfaction of the City Forester, for (1)
the supplemental landscaping within the ten (IO) acre preserve and the
landscape buffer on the north side of Kyoto Gardens Drive; and (2) the
portion of RCA Center Drive extending from the Property to the northern
boundary of the RCA Center PUD located to the south of the Property. (City
Forester)
Within six (6) months of the acceptance of the Kyoto Gardens Drive
construction by the City, the Applicant shall remove the exotics from and
install the supplemental landscaping within the ten (1 0) acre preserve in
accordance with the landscape plan for the same approved by the City
Forester. (City Forester)
Within sixty (60) days of the acceptance of the Kyoto Gardens Drive
construction by the City, the Applicant shall remove the exotics from and
install the supplemental landscaping within the buffer on the north side of
Kyoto Gardens Drive adjacent to the lake in accordance with the landscape
plan for the same approved by the City Forester. (City Forester)
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Date Prepared: October 19, 2005
Resolution 166, 2005
Prior to any clearing within the individual development parcels within the
Property, the Applicant shall obtain a Clearing Permit from the City Forester.
The clearing of the individual parcels shall not occur until such time when
the site plan and plat for the specific parcel are approved by the City
Council, and infrastructure construction plans for the parcel are approved by
the City Engineer. Notwithstanding the foregoing, the Applicant may obtain
a Clearing Permit from the City Forester to clear portions of the individual
parcels prior to the approval of the site plan and plat for the specific parcel,
which clearing shall be strictly for the purposes of road and/or public
infrastructure construction. (City Forester)
The Applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within (1) the portion of Kyoto Gardens
Drive from Military Trail to Alternate AlA; (2) the portion of RCA Center
Drive extending from Kyoto Gardens Drive to the northern boundary of the
RCA Center PUD located to the south of the Property; (3) the western road
shoulder and one-half (1/2) of the median of Alternate AIA from PGA
Boulevard to the northern boundary of the Property; and (4) the northern
road shoulder and one-half (1/2) of the median of PGA Boulevard from
Alternate AIA to Interstate 95. (City Forester)
The landscaping within the road shoulder and medians of Kyoto Gardens
Drive and RCA Center Drive located within the Property, as well as the
portion of RCA Center Drive extending from the Property to the northern
boundary of the RCA Center PUD located to the south of the Property, shall
be completed when the construction of said roads are accepted by the City.
(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 PGA Corporate 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)
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43 construction/land scapi ng/l ig h t i ng within the respective utility ease men ts .
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Date Prepared: October 19,2005
Resolution 166, 2005
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Prior to the issuance of the first Certificate of Occupancy, reflectors per
FDOT Index 17349 shall be constructed at the temporary dead end of the
north-south roadway within Parcel 5A (if the roadway construction is not
fully completed to the south). (City Engineer)
Prior to the issuance of the final Certificate of Occupancy, the Applicant
shall construct littoral zones at the locations shown on the PCD Master
Plans. Fifty percent (50%) of the littoral zones, based on linear feet of lake
bank, shall be a shelf with a slope no steeper than one (1) foot vertical to
ten (IO) feet horizontal (1:lO) to a distance no deeper than two (2) feet
below the control elevation. (City Engineer)
All trees planted within the littoral zone areas shall be restricted to the 1O:l
littoral shelves and must be approved by the City Forester. Trees shall be
planted in clusters no greater than 30 feet wide; and cluster trees cannot be
closer than 40 feet to another cluster; and single or cluster trees shall not be
planted closer than 75 feet to a drainage structure. (City Engineer)
BY (four (4) months from the approval of this Resolution), the
Applicant shall plat the Property. No site plan applications for the individual
parcels within the PCD will be reviewed by the City’s Development Review
Committee until such time when the plat for the Property is approved by the
City Council. (City Engineer)
Prior to the issuance of each building permit for vertical construction for an
individual parcel, the parcel shall be replatted. (City Engineer)
The Applicant shall copy to the City all permit and permit applications,
certifications, and approvals. (City Engineer)
The Applicant shall provide all necessary construction zone signage and
fencing as required by the City Engineer. (City Engineer)
The Applicant shall comply with the following:
a. No building permits shall be issued for more than 3,137 daily external
trips until the provision of exclusive northbound dual left-turn lanes and
eastbound right-turn lane has commenced at the intersection of
Alternate AIA and Hood Road. This roadway improvement is not an
assured construction. Any approval above the 3,137 trips limit will be
contingent on the execution of a public facilities agreement for the
funding of this roadway improvement. (PBC Traffic Division)
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Resolution 166,2005
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No building permits shall be issued for more than 3,644 daily external
trips until the linkage roadway segment between Military Trail and
Alternate AIA (Kyoto Gardens Drive Extension), and the segment
running underneath the PGA flyover (RCA Center Drive) west of
Alternate AIA connecting Kyoto Gardens Drive to RCA Boulevard has
commenced. (PBC Traffic Division)
No building permits shall be issued for more than 4,100 daily external
trips until the addition of an eastbound right-turn lane, westbound right-
turn lane, and northbound right-turn lane has commenced at the
intersection of Alternate AIA and RCA Boulevard. (PBC Traffic
Division)
No building permits shall be issued for more than 4,562 daily external
trips until the widening of Alternate AIA to six (6) lanes from PGA
Boulevard to RCA Boulevard has commenced. This roadway
improvement is not 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. (PBC Traffic
Division)
No building permits shall be issued for more than 4,948 daily external
trips until the addition of a southbound through lane has commenced at
the intersection of Alternate AIA and Donald Ross Road. This roadway
improvement 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. (PBC Traffic
Division)
Prior to the issuance of the building permit for vertical construction for
any parcel, the Applicant shall submit a trip generation analysis
identifying the number of trips generated by all existing development
within the PCD and the trips generated by the parcel under development
consideration. (City Engineer)
29. Prior to construction plan approval or the issuance of the first land alteration
permit, whichever occurs first, the Applicant shall provide surety for public
infrastructure and all landscaping and irrigation costs for the overall project
infrastructure which are not included in the previously-su bmitted bonds for
the public roads within the Property (Bond No. 964004234). The required
surety shall be based on a cost estimate for the project, including public
infrastructure and all landscaping and irrigation costs, that shall be reviewed
and approved 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
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Resolution 166, 2005
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the issuance of the first building permit. This surety is separate from that
which will be required for each individual lot as each is developed. (City
Engineer)
Prior to construction plan approval or the issuance of the first land alteration
permit, whichever occurs first, the Applicant shall provide a cost estimate for
the on-site project improvements for the overall project, not including public
infrastructure, landscaping, and irrigation costs, for review and approval by
the City. Said cost estimate is separate from those cost estimates which will
be required for each individual lot as each is developed. 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) andlor
local regulatory agencies, for construction activities, submission of a Notice
of Intent to EPA or its designee, implementation of the approved plans,
inspection and maintenance of controls during construction, and submission
of a Notice of Termination. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a construction plan for review and approval. All plans and support
documentation, submitted by the Applicant for review by the City Engineer,
shall be signed and sealed by a professional engineer licensed in the State
of Florida. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, the Applicant shall provide a paving, grading, and drainage
plan along with surface water management calculations and hydraulic pipe
calculations for City review and approval. The paving, grading, and
drainage plan and calculations shall be signed and sealed by a professional
engineer licensed in the State of Florida. (City Engineer)
Prior to construction plan approval and the issuance of the first building
permit, the Applicant shall schedule a pre-permit meeting with City staff.
(City Engineer)
All development application submittals made to the Growth Management
Department for the individual parcels within the PCD shall include both
electronic and hard copies of all documents submitted to the satisfaction of
the City Engineer, City Forester, and Growth Management Administrator.
(City Engineer)
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Date Prepared: October 19,2005
Resolution 166, 2005
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Required digital files of the approved PCD master plan and plat shall be
submitted to the Planning and Zoning Division prior to the issuance of the
first Certificate of Occupancy, and approved civil design and architectural
drawings for each site shall be submitted prior to the issuance of the
Certificate of Occupancy for each site. (GIs Manager, Development
Compliance Officer)
Prior to the issuance of the first Certificate of Occupancy, the master
property owners association documents and restrictions, which shall include
disclosure language regarding the potential widening of the RCA Center
Drive to four (4) lanes, 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)
SECTION 5. This Planned Community Development shall be constructed in
compliance with the following plans on file with the City’s Growth Management
Department:
1. Sheets 2 of 6 through 6 of 6: Site Plans and Details, prepared by Cotleur
Hearing, last sealed on November 18, 2005, and received and stamped by
the City on November 18,2005.
2. Sheets 1 of 4 through 4 of 4: Roadway Landscape Plans and Details,
prepared by Cotleur Hearing, last sealed on November 18, 2005, and
received and stamped by the City on November 18,2005.
the A
SECTION 6. This approval shall be consistent with all representations made by
plicant or Applicant’s agents at any workshop or public hearing.
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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46 47
Date Prepared: October 19,2005
Resolution 166,2005
PASSED AND ADOPTED this day of , 2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FF IC1 E NCY
BY:
Christine P. Tatum, City Attorney
AYE NAY ABSENT VOTE: --
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
\\Pbgsfile\Attorney\attorney-~hare\RESOLUTlONS\5A - reso 166 2005.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Growth Management:
Project
Manager-
City Attorney
Christine Tatu
Date Prepared: November 9,2005
Meeting Date: December 1,2005
Costs: $N/A
Total
Ordinance 37,2005 & Resolution 175,2005
SubjectIAgenda Item:
Compliance ib W
Bahareh Kes avarz-Wolfs, Manager
AICP
1 Interim Planning
Ordinance 37,2005 & Resolution 175,2005: The Pointe PUD
First Reading: A request by Anne Booth of Urban Design Studio, on behalf of Pointe Property
Development L.L.C., for a rezoning from Professional Office (PO), to a Planned Unit
Development (PUD) Overlay with an underlying zoning designation of Professional Office (PO)
to construct two 75,000 square-foot four-story professional office buildings at a total of 150,000
square feet and a five-story parking garage on an approximately 9.18-acre site. The proposed
Pointe PUD is located between Interstate-95 and Military Trail.
$-N/A
Current FY
[XI Recommendation to APPROVE with nine waivers
[ ] Recommendation to DENY
Reviewed by: I I Originating Dept.: I FINANCE:
Development fl/ I Brad Wiseman I
[XI Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
[XI Not Required
Date: N/A
Paper: N/A
Funding Source:
[ ] Operating
Approved By:
[XI Notified
[ 3 Not Required
[XI Other-NA
Budget Acct.#:
NA
City Council Action7
[ 3 Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ 3 Rec. Denial
[ ] Continued to:-
Attachments:
Applicant Narrative
Sabal Ridge Letter
Winchester Letter
Reduced Plans
Ordinance 37,2005
Resolution 175, 2005
Date Prepared: November 9,2005
Meeting Date: December 1,2005
Ordinance 37, 2005 & Resolution 175, 2005
EXECUTIVE SUMMARY
The subject site is located between Interstate-95 and Military Trail. The proposed project
consists of two 75,000 square-foot four-story professional office buildings and a five-story
parking garage on an approximately 9.18-acre site. This project has been designed to minimize
its impacts on the surrounding neighborhoods by locating the large preserve area adjacent to
Sabal Ridge, and by placing the office buildings next to Interstate-95. The Planning, Zoning, and
Appeals Board reviewed the subject petition on November 8,2005, and voted 7-0 to recommend
approval to the City Council. Staff recommends approval of Ordinance 37, 2005 and Resolution
175,2005 with nine waivers and 49 conditions of approval.
BACKGROUND
The subject site is a vacant parcel of unimproved land and is surrounded by residential to the
north, Interstate-95 to the west and south, and Interstate-95 right-of-way and Military Trail to the
east. The Sabal Ridge Planned Unit Development (PUD) abuts the subject site to the north,
which is comprised of two-story multi-family dwelling units. Immediately west of the Sabal
Ridge PUD is the Paloma PUD, which consists of single and multi-family dwelling units. The
Paloma PUD’s wetland and upland preserve areas also abut the subject site to the north. To the
east of the subject site is the Interstate-95 right-of-way, then Military Trail, which is followed by
the Winchester Courts PUD consisting of two-story multi-family dwelling units.
LAND USE & ZONING
The subject site has Zoning, Future Land-Use, and Vision Map designations of Professional
Office (PO). The PO zoning designation is defined by the Land Development Regulations as “a
transition between more intensive commercial uses and residential development, and are
intended to provide space for professional offices.” The Comprehensive Plan states that the PO
designation is to be utilized for “future and existing business and office centers, and to
distinguish office uses from more intensive commercial uses such as retail.” The applicant is
requesting to rezone the subject site to a Planned Unit Development (PUD) Overlay with an
underlying zoning designation of Professional Office (PO).
CONCURRENCY
Traffic
The proposed project received conditional traffic concurrency certification on February 2, 2005,
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. The certification is
also contingent upon the approval of (1) a development order for the property; and (2) an
administrative extension to the build-out date for the project, prior to December 31, 2005, in
accordance with Section 78-61 of the City’s LDRs.
2
Date Prepared: November 9, 2005
Meeting Date: December 1,2005
Ordinance 37,2005 & Resolution 175,2005
Dra inane
The proposed Pointe PUD is under the jurisdiction of the South Florida Water Management
District (SFWMD), the Northern Palm Beach County Improvement District (NPBCID), and the
City for drainage purposes. The site is located within the NPBCID unit of development number
two. The proposed storm water management system will be comprised of a system of catch
basins, storm drainage pipes, and exfiltration trenches to collect storm water and pre-treat it prior
to discharge into the NPBCID master system. The proposed lake will accommodate the on-site
storm water st orage requirements .
Water & Sewer, Waste Management
The applicant has reserved water and sewer capacity and waste management service for the site.
PROJECT DETAILS
Site Access
Due to the 1-95 on ramp, the only ingress/egress to the PUD is located at the most northern
section off of Military Trail. Northbound motorists may enter the site via the existing median cut
and turn lane on Military Trail. Motorists exiting the site are required to make a right-turn only.
Site Plan & Design Features
The two office buildings and parking garage are located immediately adjacent to Interstate-95,
with surface parking in front of the buildings next to the Interstate-95 right-of-way and Military
Trail. The location of these buildings minimizes their impact on Sabal Ridge and Winchester
Courts, and provides the applicant with maximum exposure from Interstate-95. At the northern
property line and adjacent to Sabal Ridge is a 1.13-acre preserve with a 114-foot maximum
width. This preserve backs up to four residential buildings and serves as a buffer for the adjacent
residents. A large lake is located at the point of the project, south of Building A. This lake
includes a fountain and firther improves the aesthetics of the site from Military Trail and
Interstate-95. This fountain, which includes aeration, is required as a condition of approval in
Resolution 175, 2005. A 12-foot wide pedestrian plaza area has been included around the north
side of the lake. This plaza area includes seating on the retaining wall for future employees and
visitors to utilize. This area is defined by pavers and extends in front of Building A, which
connects to a five-foot wide sidewalk leading to Building B. This connecting sidewalk will
provide employees of Building B with pedestrian access to the plaza area. A circular, vehicular
paver area has been included adjacent to Building B and the parking garage with a large
landscape island in the center. This vehicular paver area provides a focal point for motorists
entering the site.
Architecture
Each of the two office buildings consists of four-stories and 75,000 square feet. The office
buildings are designed as a mirror image of each other and flank the north and south sides of the
parking garage. The style of the buildings is contemporary, which utilizes a rhythmic placement
3
Date Prepared: November 9, 2005
Meeting Date: December 1,2005
Ordinance 37,2005 8z Resolution 175,2005
of horizontal and vertical glass and wall, punctuated by geometric forms at the building’s
comers. Contrast and visual interest is achieved by using pre-cast, smooth stucco in off-white
colors set against tinted, spandrel, and anodized glass. Columns are provided at the main
entrances with bracketed overhangs, which assist in softening the mass of the buildings and
accenting the entries. The parking garage has been designed with the same architectural style,
colors, and materials as the office buildings and includes trellises with bougainvillea to provide
decorative treatment. Four trellises have been provided on the front elevation adjacent to Military
Trail and three have been provided adjacent to Interstate-95. The parking garage incorporates an
open design, consistent with CPTED principals.
Landscaping & Buffering
The subject site is buffered to the north by a 15-foot wide landscape buffer and a 114-foot wide
upland preserve (15-foot required). A %foot wide landscape buffer is provided adjacent to
Interstate-95 (25-foot required). However, a 20-foot wide landscape buffer is proposed adjacent
to the 1-95 right-of-way around the lake (Please see waiver section). Each landscape buffer is
heavily landscaped with various groundcovers and trees. The trees that will be utilized are Live
Oaks, Southern Red Cedars, Cabbage Palms, Wax Myrtles, Dahoon Holly, and Privets. Shrubs
and groundcovers include Saw Palmetto, Annuals, Green Cocoplum, Golden Mound, and Shell
Ginger.
Each building has foundation landscaping on all four sides, which includes specimen trees such
as Live Oaks, Washington Palms, Coconut Palms, Alexander Palms, and Cabbage Palms. Other
plantings include Chstmas Palms, Pygmy Date Palms, Green Cocoplums, Ti Plants, and
Crinum Lilies. Cabbage Palms, Saw Palmettos, Green Cocoplums, and Slash Pines have also
been proposed in the Interstate-95 right-of-way, subject to FDOT approval. Live Oaks have
been incorporated in the lake plaza area to provide shade. Landscaping, including Japanese
Privet trees have been provided on the top of the parking garage as well as bougainvillea trellises
on the facades. The landscape plan provides for 3 1,636 landscape points (1 5,228 required).
Preserve
City Code Section 78-250, requires developments to preserve 25% of the environmentally
significant lands located on-site. The subject site contains 4.44 acres of environmentally
significant uplands, thus requiring at least 1.1 1 acres to be preserved on-site. The applicant is
proposing a 1.13-acre upland preserve on-site. This upland preserve, consisting of pine flat
woods, is provided adjacent to the northern property line. City Code Section 78-250 also requires
a minimum preserve width of 100 feet. The required preserve maintains the 100-foot width
requirement. The City’s environmental consultant has verified the applicant’s environmental
assessment and on-site preserve requirements.
Parking
At a code requirement of one parking space per 300 square feet, the required parking for the
PUD is 500 spaces (150,000 sq f€ / 300 = 500). The applicant is proposing 575 total parking
spaces (308 garage parking spaces and 267 surface parking spaces). City Code Section 78-345
limits additional parking to 10% in excess of the City Code requirement, which for this site is 50
4
Date Prepared: November 9,2005
Meeting Date: December 1,2005
Ordinance 37,2005 & Resolution 175,2005
spaces (500 x 10% = 50). Therefore, a waiver is being requested for the 25 additional parking
spaces, which equates to an additional 4.6% (Please see waiver section). 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, six inches for all parking garage spaces (Please see waiver section). The
applicant is providing a 10-foot width for all surface parking spaces, which meets the
requirement of the code.
Phasing
According to the applicant, this PUD will be developed in two phases. The applicant has
provided a phasing plan that reflects Phase I as being Building A, all surface parking, landscape
buffers (except for portions adjacent to Building B and the parking garage), lake and plaza area,
and the preserve. Phase I includes all surface parking, which meets the code requirement for
Phase I (one office building). Phase I1 consists of Building B, the parking garage, and adjacent
buffer. The applicant states that Phase I1 construction will commence once approximately 60%
of Building A is leased to tenants. The applicant anticipates that total build-out is expected by the
end of 2008.
Sianaae
The location of the entrance sign has been located in the median at the project’s ingresdegress
point. City Code Section 78-285 allows one project identification sign and no more than three
tenant names per monument sign, which is consistent with the applicant’s request. The size of
the monument sign is 10 feet high by 14 feet wide (10 feet high by 15 feet wide maximum
allowed).
The applicant is proposing one principal building sign above the fourth floor line on the front and
rear elevation of each building; whereas City Code Section 78-285 does not allow signage above
the second floor line and permits one principal tenant sign per building (Please see waiver
section). The proposed signage has been reduced from the original seven signs per building to
two signs per building upon staffs urging. Due to the proximity to Sabal Ridge, staff has
included a condition of approval that requires the illumination of the signs on the east elevation
to be subdued. This is accomplished by providing a reverse backlight channel letter that is
illuminated with LED light bulbs in-lieu of neon lighting. An example of this type of signage is
the Illustrated Properties building at Parcel 27.0Y.06 within the Regional Center PCD.
Site Liphting
The applicant has provided staff with a photometric plan consistent with City Code Section 78-
182. Staff has included a condition of approval requiring the applicant to provide 25-foot high
light poles with metal halide lighting.
CPTED Compliance
The petitioner shall comply with the Crime Prevention Through Environmental Design (CPTED)
principles recommended by the Police Department (Please see conditions ofapproval).
5
Date Prepared: November 9,2005
Meeting Date: December 1,2005
Ordinance 37,2005 & Resolution 175,2005
Waivers
The applicant is requesting the following 9 waivers for the Pointe PUD:
78-153: Building
Height: the lesser of
36 feet and 2 stories
78-285: Principal
Building Signs shall
not be located above
the 2”d Floor Line
78-285: One principal
tenant sign per
building
78-285: Landscape
Area around the
monument sign shall
be no less than the
sign height
78-344: Parking Space
Width Shall be 10’
wide
78-345: Additional
Parking Limited to
10%
78-364: Loading
Spaces Required
78-319 (3): 25-fOOt
Minimum Landscape
Buffer Adjacent to I-
95 r-o-w
~ ~ ~
78-563 (c): Lake
Maintenance
Easements shall be
20-feet wide
Two Office Bldgs at
68.4’ and a parking
garage at 56.4’ - 4
stories each
Each Office
Building with two
signs above the 2nd
Floor line
Two principal
tenant signs per
building
3.3 feet of landscape
area
All Parking Garage
Spaces at 9.5’
25 Additional
Spaces, or 4.6%
extra
2 Loading Spaces
Proposed
20-foot Landscape
Buffer adjacent to I-
95 r-o-w around
lake
12-foot wide LME
32.4’- bldg,
20.4’- garage &
2 stories for all
3 stories for each
of the 4 signs
2 additional signs
6.7 feet of
landscape area
308 spaces at
9*5’ I
(1)
Approval
(2)
Approval
(3)
Approval
(4)
Approval
(5)
Approval
25 spaces (6)
Approval
1 Loading Space (7)
Approval
5 Feet (8)
Approval
8 feet of LME (9)
Approval
I
1) The applicant is requesting a waiver from City Code Section 78-153, Nonresidential Zoning
Districts, to allow for a building height of 68.4’ for each office building and a height of
56.4’ feet for the parking garage. It’s staff’s professional opinion that this wavier will not
negatively impact the surrounding area. The applicant has achieved optimum site design by
6
Date Prepared: November 9,2005
Meeting Date: December 1,2005
Ordinance 37,2005 & Resolution 175,2005
locating the buildings on the furthest property line from residential and placing a 114-foot
wide preserve to buffer the adjacent Sabal Ridge community. The applicant is proposing a
290-foot front setback, which minimizes any impacts on Winchester Courts. The Property
Owners Associations of Sabal Ridge and Winchester Courts have submitted letters in
support of the proposed project. Furthermore, this waiver request is consistent with
previous City Council approvals for office buildings that have a building height greater than
two stories and 36 feet, which is indicated in the below table. Staffrecommends approval.
Building
Admiralty I1
(not built)
Admiralty I
(Taylor
Woodrow)
Wachovia
Building
Fairway Office
Center
(Univ of Phoenix)
Divosta Office
Building
(SunTrust Bank)
Gardens Plaza
(Merrill Lynch)
Mirasol Town
Square Building
D
MacArthur Center
(Bank One)
Palm Beach
Gardens Medical
Pavilion
Medical Mall
(UBSPaine
Webber)
Gardens Corporate
Center
Golden Bear
Plaza
Zoning
PUD with
underlying General
Commercial
PUD with
underlying General
Commercial
PUD with
underlying General
Commercial
PCD with
underlying
Professional Office
(CG-I)
(CG-I)
(CG-I)
(PO)
PUD with
underlying General
Commercial
(CG-I)
PUD with
underlying General
Commercial
PCD with and
underlying
Residential Low -3
(CG-I)
(RL-3)
PCD with
underlying of
Professional Office
(PO)
PCD with
underlying of
Professional Office
(PO)
PCD with
underlying of
Professional Office
PCD with
underlying of
Professional Office
(PO)
PUD with an
underlying
Professional Office
(PO)
(PO)
*** Bold Denotes Adjacent to Resid
Location
Southeast comer of
Military Trail and PGA
Blvd., east of Admiralty
Phase I
Southeast comer of
Military Trail and PGA
Blvd., east of Wachovia
Southeast comer of
Military Trail and PGA
Blvd., west of Admiralty
Phase I
Southwest comer of PGA
Boulevard and Florida
Turnpike
Southwest comer of
Military Trail and PGA
Blvd.
Southeast comer of
Fairchild Gardens Avenue
and PGA Blvd.
Northwest comer of PGA
Blvd. and FL Turnpike,
Immediately north of
Mirasol Walk PUD
Northeast Comer of
Fairchild Gardens Avenue
and PGA Boulevard
Northwest Comer of PGA
Boulevard & Fairchild
Gardens Ave
Northeast corner of PGA
Boulevard and Alternate
AIA
Northeast Comer of PGA
Boulevard and Alternate
AIA
East side of US. Highway
1, immediately north of
Oakbrook Square
itial Zoning Districts
Square Footage
82,389 sq A
82,265 sq ft
48,600 sq ft
2 Buildings
88,300 sq ft
each
48,700 sq A
88,150 sq A
44,000 sq ft
75,920 sq ft
87,500 sq ft
184,057 sq A
2 Buildings
11 1,971 sq ft
each
3 Buildings
45,744
44,506
49,6 13
Building Height
& Stories
82’ & 5 Stories
148’ & IO Stories
70’ & 6 Stories
62’ & 4 stories
each
52’ & 4 stories
112’ & 9 stories
58’ & 4 stories
62’ & 4 stories
77’ & 6 stories
124’ & 10 stories
including 4-story
parking garage
92’ & 6 Stories
Detached Parking
Garage is 54’
All Buildings 109’
& 7 Stories
including 1 level
of parking garage
Development Order
Ordinance 14,2000
(approved June 5,2000)
Site Plan & Appearance
Review Committee
(approved June 27,
1978)
Site Plan & Appearance
Review Committee
(approved June 27,
1978)
Resolution 55, 1998
(approved July 16,
1998)
Resolution 159, 1990
(approved December
18, 1990)
Ordinance 3, 1985
(approved March 21,
1985)
Resolution 194,2003
(approved November 6,
2003)
Resolution 2 1, 1998
(approved March 19,
1998)
Resolution 134, 1993
(approved November 4,
1993)
Resolution 118, 1994
(approved Sept. 1,
1994)
Ordinance 42,2001
(approved December 6,
200 1)
Ordinance 7, 1984
(approved April 5,
1984)
7
Date Prepared: November 9,2005
Meeting Date: December 1, 2005
Ordinance 37,2005 & Resolution 175,2005
2) The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to
allow for the four principal identification signs to be located on the building parapet. The
applicant is requesting to locate a building identification sign at the top floor on the east and
west elevations of both office buildings. A waiver has also been approved for the Fairway
Office Center, Wachovia Bank building, Divosta Office building, Doubletree Hotel,
Marriott Hotel, Office Building D in Mirasol Town Square, Bank One, Embassy Suites,
Wackenhut building, Palm Beach Gardens Medical Pavilion, UBS Building, Grand Bank,
and Golden Bear Plaza to allow for principal building signs on the building parapet. It is
staffs professional opinion that this waiver will provide adequate sign visibility for
motorists, taking in to account long-term tree growth; and will not negatively impact the
surrounding area. Furthermore, a clearly visible sign may prevent traffic problems that may
arise from motorists attempting to locate the buildings. Staffrecommends approval.
3) The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to
allow for an additional principal identification sign to be located on the west elevation of
each building adjacent to Interstate-95. It is staffs professional opinion that these two
additional principal tenant signs will not negatively impact the surrounding area.
Furthermore, as a justification for this waiver, the applicant has foregone four ground floor
tenant signs per building, which are permitted by City Code Section 78-285. Therefore, in-
lieu of five signs per building, the applicant is proposing a total of two signs per building.
This compromise results in only one sign per building visible from Military Trail, and one
sign per building visible from 1-95. Staff recommends approval.
4) The applicant is requesting a waiver from City Code Section 78-285, Permitted Signs, to
allow for the landscaped area around the monument sign to be less than 10 feet (6.7 feet).
The location of the ground sign is limited by the existing configuration of the access into
the site. The area immediately north of the entrance is impacted by the existing SUA water
main, which limits its placement there. The proposed monument sign location provides the
best placement in order to maintain maximum visibility for cars to safely enter the site. Staff
recommends approval.
5) The applicant is requesting a waiver from City Code Section 78-344, Construction and
Maintenance, to allow for 9.5’ wide parking spaces in the parking garage. Due to the low
turnover rate, and low intensity nature of parking in an office complex, 9.5’ wide parking
spaces in the parking garage do not raise any staff concerns. This waiver has also been
granted for the parking garages within Downtown at the Gardens and the Legacy Place
commercial site. All surface parking spaces meet the City Code requirement of 10’ x 18.5.’
Staff recommends approval.
6) The applicant is requesting a waiver from City Code Section 78-345, Number of Parking
Spaces Required, to allow for 25 additional parking spaces. Therefore, the applicant is
required to demonstrate that 1.5 additional square of open space is provided for each
additional square foot of paved parking area (25 x 185 x 1.5 = 6,937). The applicant has
provided open space in excess of 6,937 square feet (6,969 square feet) and has reflected it
on sheet four of the site plan. Staffrecommends approval.
8
Date Prepared: November 9,2005
Meeting Date: December 1,2005
Ordinance 37,2005 & Resolution 175,2005
7) The applicant is requesting a waiver from City Code Section 78-364, Number of Loading
Spaces Required, to allow for a reduction from three loading spaces to two. The applicant
states that one loading space per building will adequately serve the tenants’ needs. In-lieu
of the third required loading space, the applicant has provided extra parking spaces and
approximately 3.14 additional square feet of open space. Staff recommends approval.
8) The applicant is requesting a waiver from City Code Section 78-319 (3), Minimum
Landscape Buffer and Planting Requirements, to allow for a 20-foot wide landscape buffer
adjacent to the 1-95 right-of-way around the lake. In addition to the 20-foot wide landscape
buffer, the applicant is proposing a 10-foot wide strip of landscaping at the lake bank.
Furthermore, the lake and plaza area provide a minimum of 160 additional feet of distance
from the building to the 1-95 right-of-way. It is staffs professional opinion that this site is
more than adequately buffered from the 1-95 right-of-way. Staffrecommends approval.
9) The applicant is requesting a waiver from City Code Section 78-563 (c), Lake Maintenance
Tracts, to allow for a 12-foot lake maintenance easement. The applicant states that the 12-
foot LME will provide adequate accessibility for maintenance of the lake. The City
Engineer has not raised any concerns with this request. This waiver has also been granted
to the Congress Plaza East (Target) PUD, which allowed a 13-foot LME. Staffrecommends
approval.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
It is staffs professional opinion that the proposed development is consistent with the overall
intent of the goals, objectives and policies of the City’s Comprehensive Plan. An example of
some of the goals, objectives and policies, which are consistent with and furthered by the
proposed PUD, are listed below.
Future Land Use Element
Goal 1.1.: Continue to ensure a high quality living environment through a mixture of land
uses that will maximize Palm Beach Gardens’ Natural and Manmade Resources while
minimizing any threat to the health, safety, and welfare of the City’s citizens that is caused
by incompatible land uses and environmental degradation.
Objective 1.1.7.: The City shall maintain land development regulations containing
standards and provisions which encourage the elimination or reduction of uses inconsistent
with the City’s character and future land uses.
Policy 1.1.6.1.: Development orders and permits for future development and
redevelopment activities shall be issued only in areas possessing the appropriate Future
Land Use designation and that are consistent with the goals, objectives, and policies of this
Comprehensive Plan.
The proposed development is consistent with the subject site’s zoning and future land use
designations, which are Professional Office (PO). The proposed use is a permitted use in the
City’s Land Development Regulations. A professional office development provides an
9
Date Prepared: November 9,2005
Meeting Date: December 1 , 2005
Ordinance 37,2005 & Resolution 175,2005
appropriate transition for the adjacent residential communities and 1-95. Furthermore, the PUD
has been designed to minimize any negative impacts by including a 114-foot upland preserve
adjacent to the residential structures and the placement of the buildings next to 1-95,
Policy 1.1.1.5. (b): In exchange, for the extra review requirements imposed by the PUD
process, developers may propose plans that would not otherwise be permitted under
by-right zoning districts. These may include a mixture of uses not found within any of the
by-right zoning districts and/or density bonuses and/or waivers to non-residential
intensities described previously.
The proposed Pointe PUD includes two office buildings and a parking garage that exceeds the
City Code requirement of 36 feet, which is the standard included in the City’s Comprehensive
Plan. However, the applicant is requesting a waiver from this requirement, which is allowed by
this policy. This policy is implemented by City Code Section 78-158 (f), Table 20, which
specifically allows City Council to waive building height requirements. Please also note that
City Code Section 78-158 (d) includes regulations that may not be waived by the City Council
and building height is not included.
Objective 1.1.5.: Future growth, development, and redevelopment shall be directed to
areas as depicted on the Future Land Use Map, consistent with sound planning principles;
minimal natural limitations; the goals, objectives, and policies contained within this
Comprehensive Plan; and the desired community character.
The Future Land Use Map has designated the subject site as Professional Office (PO). The site
has been designed with sound planning principles, which minimize any impacts on the
surrounding residential communities. The height of the office buildings has been mitigated by
their placement adjacent to 1-95. Moreover, the 25% environmental set-aside has been used as
1 14-foot buffer (1 5 feet required) for neighboring Sabal Ridge. The applicant is also proposing a
290-foot front setback (50 feet required), which minimizes any impacts to the Winchester Courts
PUD. This site design also incorporates twice the landscaping that is required (15,228 points
required vs. 3 1,636 points proposed) and three times the required open space (1 5% required vs.
52% proposed), which achieves the desired community character.
COMMENTS FROM THE PUBLIC
Staff has received a letter in support of the proposed project from the Sabal Ridge and the
Winchester Courts Property Owners Associations (please see attached).
PLANNING, ZONING, AND APPEALS BOARD
The Planning, Zoning, and Appeals Board (PZAB) reviewed the subject petition at a public
hearing on November 8, 2005, and voted 7-0 to recommend approval to the City Council. The
PZAB commended on the design of the proposed project particularly its sensitivity toward the
adjacent residential communities. The PZAB also was pleased with the architecture of the
buildings and supported staffs recommendation on the requested waivers.
10
Date Prepared: November 9,2005
Meeting Date: December 1,2005
Ordinance 37,2005 & Resolution 175,2005
During the public hearing, five residents commented on the proposed project. Mr. John Chaplik
stated that the project was designed nicely and the tenants could raise the quality of the
workforce by providing higher paying jobs, which could positively impact affordable housing.
Ms. Carolyn Chaplik also supported the project and stated it would be a benefit to the
community. Dr. Robert Davis also gave his support of the proposed project. Mr. Eugene Nowak
and Mr. John Lernahan stated that the proposed project was not consistent with the surrounding
area and should not be approved.
STAFF RECOMMENDATION
Staff recommends approval of Ordinance 37, 2005 and Resolution 175, 2005, with the nine
waivers and the conditions of approval provided therein.
11
Date Prepared: November 9,2005
Meeting Date: December 1,2005
Ordinance 37,2005 & Resolution 175,2005
+, ..I
. TABLE 1
EXISTING USE ZONING LAND USE
TIONS
Subiect Property
Vacant
(PO)
Professional Office
(PO)
Professional Office
North
Sabal Ridge
9.6 DN Per Acre
Paloma PUD
2.92 DN Per Acre
South
Interstate-95 R-0-W
Interstate-95
East
Interstate-95 R-0-W
Military Trail
Winchester Courts
9.1 D/U Per Acre
West
Interstate-95
(PW
Planned Unit Development
Residential Medium
(PW (RL-3)
Planned Unit Development
Residential Low -3
N/A
N/A
N/A
N/A
(PW (RM)
Planned Unit Development
Residential Medium
N/A
(RM)
Residential Medium
(RM)
Residential Medium
N/A
N/A
N/A
NIA
(RL)
Residential-Low
N/A
12
Code Requirement
Site =
Minimum PUD Development
Size for Properties South of
Donald Ross Road &
Between Central Boulevard
& Alternate A1A: None
Maximum Building Height:
Lesser of Two Stores & 36
Feet
Minimum Open Space: 15%
Maximum Lot
Coverage:
35%
Landscape Buffers:
North: 15 feet
South: 25 feet
East: 25 feet
West: 25 feet
Parking Required:
500 Spaces
550 Spaces Max Allowed
Front Setback: 50’
Residential Setback: 75’
Side Setback: 40’
Rear Setback: 15’
Date Prepared: November 9,2005
Meeting Date: December 1,2005
Ordinance 37,2005 & Resolution 175,2005
Proposed Plan
9.18 Acres
68.4’ for each office building and
a height of 56.4’ feet for the
parking garage
52%
16.1%
North: 15-1 14 feet
South: 25 feet
East: 25 feet & 20 feet
West: 25 feet
575 spaces
290 Feet
80 Feet
250 Feet
27 Feet
Consistent?
Yes
No, Waiver Requested
Yes
Yes
Yes
Yes
No, waiver Requested
Yes
No, Waiver Requested
for 25 Additional
Spaces
Yes
13
urban
PROJECT NARRATIVE dean
The Pointe stu 0 ~ JULY 15,2005
LOCATION/REQUEST Urban Design
Urban Planning
Land Planning
This is a request for rezoning to the Planned Unit Development overlay Landscape Architecture
district for a 9.18 acre site located at the point of the intersection of
Military Trail and 1-95. The current zoning of the property is
Professional Office (PO) and the Future Land Use Plan designation is
also Professional Office (PO). The plan of development is proposed to include two 75,000
square foot buildings for a total of 150.000 square feet of professional office space together with
a 3 12 space parking garage.
The site has an unusual pointed configuration and it is surrounded on three sides by road right-of-
way. Along the northern boundary of the site is the existing residential community of Sabal
Ridge and a preserve area for the recently approved community of Paloma. To the west and
south of the site is the 1-95 right-of-way and to the east is Military Trail and the residential
community of Winchester Courts.
The overall design of the site plan was a challenge due to the parcels unusual configuration, the
need to balance the elements required for a economically viable project, and concern for the
surrounding neighbors. The master PUD site plan being submitted today has taken into
consideration all of these elements and in an effort to be sensitive to the abutting neighbors, has
provided a heavily planted buffer and a dense upland preserve area, in excess of 100 feet in
width, along the northern boundary. In addition, the structures have been placed along the 1-95
frontage to gain the benefit of that visibility and also to provide the maximum separation from
the residential units in Sabal Ridge and Winchester Courts. Development of this site will
enhance the current city Economic Development Initiative and provide an excellent transition
between the residential communities and the major highways which intersect in this location.
HISTORY/BACKGROUND
This project consists of two parcels of land. The primary property which includes 8.98 acres and
a secondary parcel which contains .2 acres. The primary parc
for many years. The secondary parcel is a small crescent shaped
site which was left over after 1-95 right-of-way had been dedic
On January 30.2002 an application for concurrency was sub
to delays beyond the control of this applicant, concurrency wa
On February 28"' and May 251h the two parcels were acquired
contract purchaser Pointe Property Development, LLC. a F1
liability company. This property has not had previous deve
approvals and was not part of the Forebearance Agreement. -- The Lofts at City Place
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
www.UDSonline.com
LCC35
Project Narrative - The Pointe
July 15,2005
Page 2
EXISTING USE
LAND USE AND ZONING
ZONING
The current zoning of the property is Professional Office (PO). The current Future Land Use
Plan designation is Professional Office (PO). The proposed plan of development is consistent
with both the existing zoning and land use designations.
The property to the north of this project is residential with the Sabal Ridge property being zoned
RM - Residential Medium Density with a FLUP designation of RM and Paloma being approved
as a PUD with a FLUP designation of RM - Residential Medium Density.
Existing Zoning and Land Use Designations & Site Comparison
SUBJECT PROPERTY:
Vacant
TO THE NORTH
Sabal Ridge
Paloma
RM - Residential
Condominiums (Straight
Zoning)
PUDIRM - Residential S.F.
and Townhomes
TO THE SOUTH
Road Right-of-way I NIA
TO THE EAST:
Military Trail and
Winchester Courts
RM - Residential
Townhomes (Straight
Zoning)
TO THE WEST:
1-95 Road Right-of-way 1 NIA
FUTURE LAND USE
PO
RM
RMIRH
NIA
RL
N/A
Project Narrative - The Pointe
July 15,2005
Page 3
PROJECT DETAILS
Architectural Stvle and Special Features
The proposed plan includes two 75,000 square foot, four-story office buildings and a 312 space
four and 1/2 level parking garage. The office buildings are designed to be a mirror image of each
other and flank the north and south sides of the parking garage. In keeping with the high
standards of design and aesthetic appeal established by the adopted Guidelines for Non-
Residential Development. the design of the building has incorporated architectural features and
patterns that provide visual interest and reduce the scale of the building.
In reverence to the importance of the site location, the contemporary architectural design utilizes
a rhythmic placement of glass and wall, punctuated by strong geometric forms at the building’s
corners. Intentional contrast is achieved by using precast, smooth stucco in off-white colors set
against the contrasting aluminum and tinted glass. The addition of columns at the entry, and
cornice features. along with bracketed overhangs and trellises softens this contemporary design.
The parking garage has been designed with the same architectural style, colors and materials as
the office buildings and includes the use of landscape planters and trellises to provide additional
decorative treatment.
Proiect Phasing
Development of this parcel will be in two phases. The first phase will consist of the southeas
building, the ground level parking, the lake, the landscape buffers (excluding those portions of
the 1-95 buffer adjacent to the future buildings) and the preserve area. As part of the first phase
the electrical rooms and 19 parking spaces on the ground floor of the parking garage will be
constructed. The second phase will consist of the northwest office building, the parking garage
and the remaining landscaping adjacent to 1-95. It is anticipated that the second phase of
development will begin approximately two years after the completion of the first phase.
Landscaping/Buffers
The entry into the project is accented with Date Palms in the center of the median and flanked by
rows of Oaks and Ligustrums on either side. Upon entry into the parking area, a focal point
planting area has been designed which includes a specimen Reclinata Palm with Crinum Lilies as
accent plants. The general parking area is planted with Oaks, Cocoplum and Golden Dewdrop.
The entries into each office building continue the entrance theme by flanking the entrance doors
with Date Palms to carry the entrance theme forward. The plaza area adjacent to the lake is
planted with specimen Oaks and Golden Dewdrop. The foundation planting around each
building includes Washington Palms, Christmas Palms, Ligustrum’s, Crinum Lilies and Pigmy
Date Palms along with ground covers and accent planting.
Project Narrative - The Pointe
July 15,2005
Page 4
The roof top gardens include Bougainvillea to be planted in planter boxes and trained to trail on
aluminum trellises. The upland preserve area has been supplemented with Sabal Palms, Bald
Cypress, Dahoon Holly, Red Maple and Slash Pine. There is an additional buffer planted
between the upland preserve area and the Sabal Ridge Community which consists of a double
row of Southern Red Cedar. The 1-95 buffer consists of Live Oaks, Dahoon Holly, Sabal Palms,
and Brazilian Beauty Leaf. Additional planting‘s of Washington Palms and Teddy Bear Palms
have been added to the rear of the garage to create a denser screen while the planting pallette
adjacent to the office buildings have a more native planting scheme with visibility windows for
the building signage. The 25’ 1-95 landscape buffer extends around the property along the 1-95
right-of-way and includes Live Oaks, Slash Pine, Sabal Palms. and Ligustrum’s. The littoral
planting around the lake consists of Bald Cypress, Dahoon Holly, Red Maple, Sabal Palms, and
includes wet and dry littoral plants.
Environmental Issues
An environmental assessment has been prepared for the site which identifies three types of
vegetative communities. They include disturbed pine flatwoods, disturbed wet prairie, and
mixed exotics. Due to the lack of a natural fire regime and the proximity of the site to the
adjacent major roadways. the quality of the native vegetation has been diminished. The .39acre
wet prairie community has been disturbed by the encroachment of Melaleuca, and poor
hydrology from the construction of 1-95. The applicant intends to mitigate the wetland area at an
off-site location. The proposed plan provides for the required 25% upland preservation area on-
site with additional planting being proposed to enhance the existing ecological and vegetative
communities.
Site Amenities
Careful consideration has been given to the design of the site to locate the buildings, upland
preserve area, parking and the lake in such a way to allow the lake to become a focal point for the
tenants as well as the residents of Palm Beach Gardens. The lake will include a “Giant Fountain”
feature which should be visible from 1-95 and will provide additional circulation in the lake. The
lake edge design also provides for the creation of an interesting and inviting plaza area. The use
of a retaining wall around the north edge of the lake invites people to the water and the
curvilinear design creates an interesting pedestrian-friendly gathering area. The retaining wall
will be designed to include seating which will encourage the use of the water front and
enjoyment of the fountain. The landscape specifications for the plaza includes the planting of
specimen Oaks which will provide immediate shade for the enjoyment of the tenants and visitors
to the site. Plaza embellishments will include pavers. benches, bicycle parking, trash cans, and
lighting.
Project Narrative - The Pointe
July 15, 2005
Page 5
Subject to the approval of the AIPP committee. it is the applicant’s intention to incorporate the
placement of art in the plaza area for the enjoyment of the residents of Palm Beach Gardens. The
placement of an additional public art piece in front of the northwestern building is being
proposed in the second phase of development.
Decorative pavers are being used at the entrance into the site, in the plaza, and the entry areas
into each building. The paver entries into each building have also been designed to integrate the
off-street loading areas.
Landscape planting is being proposed around the perimeter of the lake to create a pleasing vista
from both the interior and exterior of the project further enhancing the community serving open
space.
The upland preserve area is proposed to be enhanced with the planting of additional trees, shrubs
and ground covers. The additional planting’s will increase the viability of the ecological
environment, eliminate the invasive exotic species which have been a nuisance to the abutting
residents, and create a dense buffer between the residents and the office development.
Pedestrian Connectivitv
A five foot sidewalk has been provided to allow for pedestrian connectivity between the existing
sidewalk along Military Trail and the public plaza. Additional sidewalk connections are
provided between the buildings to allow the tenants and their guests to have easy access the plaza
and lake area.
Dumpster
The pro-ject dumpster and recycling receptacles have been centrally located in the parking lot and
screened from view to reduce all potential impacts to the Sabal Ridge residents and the public.
Traffic Concurrencv and Traffic Operational Improvements
Traffic Concurrency was issued on February 2, 2005 with the following conditions:
1.
2.
No more than 1,499 net new external trips until the contract is let for the widening of
Hood Road from Central Boulevard to Military Trail to a four-lane divided cross section.
No certificates of occupancy until the contract is let for extending the northbound left-
turn lane along Military Trail at the median opening providing access to the property to a
total of 420 feet (370 feet of storage and 50 feet of taper).
Any revisions to the site access will trigger a re-evaluation of traffic impact.
Project build-out has been analyzed for the year 2005.
3.
4.
Project Narrative - The Pointe
July 15. 2005
Page 6
The applicant intends to request a concurrent administrative time extension to allow the build-out
date to be extended. It is the applicant's intention to file that application prior to the final
development plan approval for the proposed PUD.
Access
The location of the access point into the site was pre-determined as a result of the dedication of
the right-of-way for the 1-95 on-ramp. The alignment of the entrance has been further established
by the construction of the left turn lane in the northbound lane of Military Trail.
Additional left and right turn lanes will be required to be constructed as part of the development
of this site.
Lighting
Included in the application package is a photometric plan which identifies the light levels
proposed by the parking lot lights. All points meet the code required light levels. The lights
have been designed to shield and protect the adjacent residential neighbors. Light pole locations
have been identified on the site plan, the lighting plan as well as the landscape plan. Details of
the style of the light poles and fixtures have been included in the application. All lights will be
field located to avoid conflicts with trees and utilities.
Utilities
Water and sewer service to the site will be provided by Seacoast Utility Authority. The utility
plan has been designed to privatize the water and sewer lines throughout the site. The conceptual
location of all the proposed utility lines have been shown on the site and landscape plans.
Preliminary engineering plans have been submitted with this application for review by the City
Engineer.
Parking
Required parking is calculated based on the code requirement of 1 space per 300 square feet of
Professional Office space. Based on 1 50,000 square feet of office space, the total required
parking for the site is 500 spaces.
Parking "on-grade" = 271 spaces (1 0' x 18.5')
(1 68 spaces w/l8.5' of pavement. and
583 parking spaces have been provided as follows:
103 spaces w/l6' of pavement plus 2.5' overhang)
Garage Parking = 3 12 spaces
(all spaces 9.5' x 18.5')
lst level = 66 spaces, 2"d 3rd and 4Ih level = 72 spaces each, top level = 30 spaces.
Project Narrative - The Pointe
July 15, 2005
Page 7
Handicap Parking is provided in both phases of the development. A total of 12 spaces are
required with 8 spaces being provided in the first phase and an additional 4 spaces provided in
the second phase.
Sipnape
Ground sign:
The location of the entrance sign has been noted on the plans. The specific details of the
entrance sign are noted on Sheet A-3.0 of the Architectural Plans. The proposed sign is 10' in
height. 3'6" in width. and 14' in length. The sign is constructed of aluminum panels and designed
to be consistent with the architectural style of the building. The sign is accented with the
appropriate placement of landscaping. The sign face will be internally lit.
PBG Code allows for one ground sign for the first 300 feet of frontage on a right-of-way and one
additional sign for each additional 700 feet of frontage. Although the majority of this property
fronts a right-of-way. the applicant is requesting only one ground sign. The sign is located at the
entrance to the parcel and due to the pre-existing configuration of the entrance, it will be
necessary to request a waiver for the side yard setback.
Wall signs:
The building signage has been designed as an integral part of the architectural elevation of the
buildings. The proposed location of the signs, above the fourth floor, will require waivers. The
location and unique configuration of the property require that the signs be placed on the upper
levels of the building for visibility. The signs are proposed to be 36" high and internally lit.
They will be white with aluminum edges to be consistent with the building design.
Drainage -
The site is located with the NPBCID Unit of Development #2 and is included in the SFWMD
master permit for the Basin 2 sub basin 2C. Site drainage will comply with the permit
requirements outlined in that permit. Storm water management will be comprised of a system of
catch basins, storm drainage pipes and exfiltration trenches. Drainage outfall from this site will
be accomplished through the NPBCID EPB3 canal to the north of the site. Included in this
application is a conceptual drainage plan and a signed and sealed drainage statement.
CPTED Comrdiance
The applicant intends to comply with all required CPTED guidelines and has taken CPTED
guidelines into consideration while addressing site lighting, access points into and out of the
garage, landscape conflicts with entrances and lighting, and general pedestrian and vehicular
circulation.
49% Yes
100.04'
16.1%
68'"''
Yes
Yes
no
303 feet
79.9 feet
NIA (1-95 road right-of-way
is a limited access roadway)
27 feet
Yes
Yes
NIA
Yes
583 Ye5
Project Narrative - The Pointe
July 15,2005
Page 8
Land Development Regulations Analysis
SITE ANALYSIS:
The Pointe
~
Proposed Compliance Waiver
tequested
Comparison (per code
rnless otherwise noted)
Allowed
1590 min. lpen Spuce (PUD)
Minimirm PUD
3evelopment Sire
Minimirni Site Areu (PO)
Miniriiiiiii Building Site
Ireu (PO)
9.18 1 acre
15.000 sf 399,880 sf
nla I n'a
None
Minimirm Lot Width
'PO)
100'
Muxiniiim Building LOI
:'overuge (PO)
3 5%
3 6' Yes Muximiini Height Limit
'PO)
Front (Militq. Truil) 25 feet
Side (Norrh) 27 feet
Side Facing Streel
fsoirth)
40 feet
27 feet Rear (west - 1-95)
Parking
500 (I spacei300 sf of
office space)
Number Recpired
Spuces in e,~\'~'e.s.s of'
required
33 spaces over 10% (1 4%) no 10% allowed (50
additional spaces)
IO feet x 18.5 feet no Interior spaces (non-garage)
level = 1 O'x 18.5'
Perimeter spaces (non-
garage) include 1.5' overhang
Parking in garage = 9.5' x
18.5'
Stull Dimensions
Project Narrative - The Pointe
July 15,2005
Page 9
Comparison (per code
unless otherwise noted)
SITE ANALYSIS:
TI1 e Poin te
Requested
Allowed Proposed
~~
Locrding Sprices
Ground Signs
3 (@ 12' x 35' 2 @ 12' x 3.5' no Yes
Setbricks
14' length/ IO' height
60 square feet of sign face
Diiiiensions Yes
1 for 300 feet of ROW
frontage, + 1 per
additional 700 feet
ROW frontage
IS feet-from ROW line
50 feet-side property
line
L undscup ing
Points
15 ft lengthil 0 ft height
maximum, 60 square
feet face area maximum
18.653.3 18.957.6 Yes
15' from ROW line
32' from side
Wall Signs I
~~
Birilding ID Signs 1 sign per bldg/36"
IettersiBuilding or
Tennant ID/NMT 70%
of surface area
Tenant Signs I per tenant/NMT 24"
lettersilocated below the
2"" floor
2 above the 4Ih floorl36"
letters
Yes
WAIVERS
The general purpose and intent of the PUD Planned unit development overlay district is
established "to permit and encourage more efficient and creative development or re-development
of property; to encourage an economical and efficient arrangement of buildings; to provide
maximum opportunity for application of innovative concepts of development in the creation of
aesthetically pleasing living, shopping and working environments on properties of adequate size
shape and location ... and to ensure that development occurs according to limitations of use,
design, density. coverage, and planning as stipulated in an approved development plan." As a
result of these concepts. the PUD Overlay District was created as a Flexible zoning district that is
intended to allow for deviations from the standard Land Development Regulations. The
Project Narrative - The Pointe
July 15,2005
Page 10
deviations are accommodated through the Waiver approval process. The granting of waivers
allows innovative, and creative design concepts to be realized that will be a benefit to the city
As required. the proposed waivers meet the criteria established in the Land Development
Regulations Under Section 78-1 58(I).
We believe that the design of this project is consistent with previously approved projects in the
City, is consistent with the intent and purpose of the Planned Unit Development Overlay District
regulations, and is consistent with comparable development standards within other communities.
For these reasons we feel the requested waivers should be approved and respectfully request your
support.
The applicant is requesting the following waivers.
Parking space width
Section 76-344. a .5' waiver to allow for a reduction in the required 10' width of the parking
spaces for those spaces located within the garage.
The applicant is requesting a waiver from Section 78-343(L)( l)(a) which requires that a standard
parking space be a minimum of 10 feet wide. The applicant is requesting that the parking space
width be reduced to 9 .5' feet for those spaces located within the parking structure.
Due to the low turn-over rate, and low intensity nature of parking in an office development, the
city code also includes a provision in Section 78-343(L)( l)(b) which allows the width of parking
spaces for office uses to be reduced to little as 9 feet, with City Council approval. The criteria
for approval of a request for reduction of parking space widths requires additional open space be
provided at a ratio of 1.5 square feet for each square foot of paved parking area that is reduced.
There are 3 12 parking spaces within the parking garage that are proposed at the 9.5'
The area of the reduced pavement area is 2886 square feet (1 8.5' x .5' = 9.25 sf/space x
At a ratio of 1.5 times that pavement area, we are required to provide an additional 4329
The proposed plan allows the applicant to provide 196,455.6 square feet of open space
Taking into account the allowance for the additional open space requirement, the project
width.
3 12 spaces = 2886 st).
square feet of open space (2886 sf x 1.5 = 4329 sf).
which is 136,473.48 sf (3.13 acres) in excess of what is required by code.
design still has 132,144.48 sf (3.03 acres) of additional open space.
Project Narrative - The Pointe
July 15, 2005
Page 11
Parking space surface materiaVparking space length
Section 78-344. a wavier to allow the perimeter parking spaces adjacent to landscaping or
sidewalks to be constructed with 16' of pavement and a 2.5' overhang over sidewalWgrass and/or
curbing.
The applicant is asking for a waiver from Section 78-343(L)(3) which states: "Paving. Not less
than the minimum dimensions of all parking spaces, travel aisles, and other vehicular circulation
areas shall be paved. Use of specialty paver brick or surfaces may be approved by the City
Engineer." The applicant is requesting a waiver to allow both pervious and impervious surfaces
to be used in the construction of the perimeter parking spaces. This waiver request applies only
to those spaces which abut either a concrete sidewalk or perimeter landscape area.
Due to liability and maintenance problems associated with wheel stops, the applicant has chosen,
as allowed by Section 78-344(e) (Wheel Stops), to install a 6" wide non-mountable curb in lieu
of wheel stops. The curb is proposed to be placed at a point 16 feet from the end of the parking
space, which is the same location that the wheel stop would otherwise be placed. In locations
where parking spaces abut a sidewalk, the applicant has expanded the sidewalk surface area by 2
feet to accommodate the overhang of the car. Where the parking spaces abut landscaped open
space, an additional 2 feet of grass has been provided. in addition to the curb, as part of the
parking space. The length of each space includes 16 feet of pavement, 6" of curb and 2 feet of
either grass or raised pavement for a total length of 18'6" per parking space.
By placing the curb at the 16' location. the applicant is able to reduce the appearance of pavement
and increase the appearance of open space. Section 78-3 15(d) (Protection of Landscape areas) of
the current Palm Beach Gardens Land Development Regulations allows vehicles to overhang into
landscaped areas provided the area is not included in the open space calculation. We have not
included the overhang area in the open space calculation. By using curbs instead of wheel stops,
maintenance of the parking areas is greatly improved and liability associated with wheel stops is
eliminated. The decision to place the curb where the wheel stop would otherwise be, is also
based in part by standards that have been established by Palm Beach County code. This waiver
request is consistent with the parking space configuration allowed by Palm Beach County, and
also consistent with the parking configuration approved by the City for other recently approved
developments.
Project Narrative - The Pointe
July 15, 2005
Page 12
Loading Spaces
Section 78-364. Table 35. a waiver to allow for a reduction in the number of required loading
spaces from three (3) to two (2) loading spaces .
Section 78-364(a) requires 3 loading spaces to be provided for this project. The design of the site
has incorporated two loading spaces, one at each of the office buildings. It is not anticipated that
there will be a need for a third additional loading space, therefore, we are asking for a waiver to
allow only two spaces. Each of the proposed loading spaces has been provided at it's full
dimensional requirements along with a full size backup area for larger delivery vehicles.
Additional standard parking spaces are provided within the project which will allow smaller
delivery vehicles to have adequate parking should the need arise.
Increase Number of Parking Spaces
Section 78-345, a waiver to allow for parking to exceed the permitted ten percent (10%) increase
of required spaces.
Section 78-345 (c)(3) provides that additional parking spaces greater than 10 percent of the
number of required spaces may be approved as a waiver by the City Council. Section 78-
345(c)(4)(a) establishes the criteria for approval of the waiver and requires that additional open
space, at a ratio of 1.5 square feet for each additional square foot of pavement area be provided.
The proposed plan provides for 583 parking spaces which is 83 spaces in excess of the
Based on the ratio of additional open space at 1.5 times the additional pavement, we are
The proposed plan provides 196.455.6 square feet of open space which is 136,473.48 sf
Taking into consideration a reduction in the open space to account for the parking
When taking the additional square footage requirement into account from this waiver
required. This generates an additional 15,355 square feet of pavement area. (83 spaces at
18.5' x 10' = 15,355 square feet)
required to provide an additional 23,032.5 square feet of open space. (1 5,355 x 1.5 =
23.032.5 sf).
over the required.
overhang waiver. there remains 132,144.48 square feet of open space in excess of what
we are required.
request, we still have 109.1 1 1.98 sf (2.5 acres) of open space remaining in excess of what
is required by code.
0
Section 78-345(c)(4)(b) requires that the additional open space be utilized to enhance the visual
appearance of the improved site, the entries, and the parking areas. The applicant has
accomplished this by heavily landscaping the parking lot, incorporating a landscaped plaza area,
landscape treatments around the lake edge, and incorporating additional trees, shrubs and ground
covers in the upland preserve area.
Project Narrative - The Pointe
July 15,2005
Page 13
Building Identification and Tenant Signs Above the Second Floor
Section 78-285. a waiver to allow for Principal Structure Building Identification Signs to be
located above the fourth floor and Section 78-285, Table 24. a waiver to allow for two (2) tenant
signs, per building, above the fourth floor, with letters at a height of 36”.
The applicant is requesting a waiver from the Land Development Regulations which limits the
number of wall signs and the height of the wall signs. The location of this project, the unique
configuration of the project and the design constraints and opportunities that resulted in the
proposed site plan design. demand that the buildings be located as far from the residents and the
Military Trail right-of-way as possible. In order to reduce any potential impacts to the adjacent
residents, the off-setting impact to the project is a reduction in visibility. In order to maintain safe
turning movements and good communication with the public. it is important that the building
signs be visible to avoid confusion. The intent of the city sign code is “to facilitate an easy and
pleasant communication between people and their environment”. The purpose of this waiver
request is to provide easy identification for the building and it’s major tenants. This type of
signage creates building identity and corporate image and for a building which sits at a major
intersection of the city, it would be in the best interest of the city and the applicant to provide
visible. well integrated signage.
The proposed location of the sign on the parapet above the 4‘h floor is esthetically the most
pleasing from an architectural balance perspective. Appropriate building identification signage
also assists with the retention and attraction of tenants. The community at large will benefit from
the development of this site through the planting of trees (which will ultimately block the view of
the signs at the lower level), the preservation of excess open space on the site, the high quality of
architectural design and the economic benefits generated by the businesses within the building.
The location of the proposed sign is consistent with several buildings (Le. Admiralty 11, Sun-
Trust Bank. Embassy Suites) in the surrounding area, as well as several other buildings in the
City of Palm Beach Gardens that have the principal tenant wall signs on the top floor. Such signs
were approved through waivers or variances.
The development regulations that have allowed others within the City to be granted waivers for
these wall sign locations have evolved over time. Many of the buildings around the PGA
Boulevard and Interstate 95 intersection have been granted approvals to raise the height of their
signs for the best visibility.
Resolution 50, 2000
(approved July 6, 1 2000)
Building
Admiralt! II
Zoning Location
PIIII nith underl) ing
General Cornmcrcial Militar) Trail and
Southeast corner of
(CG-I) PGA RlLd..
iinmediatel! east of
Wacho\ ia building
Sun- Trust
Bank
PIJI) nith iinderl!ing
Gttncral Commercial
(CG-1)
\outh\+est corner of
Milltar) Trail and
PGA Blcd
Ma\~mum Top parapet wall
above the 5Ih floor
line (waiver provided)
height 2”d floor
PIJD nith underl\,ing
General Commercial
(CG-I)
PUD \\ith underl> ing
(kncral Commercial
(CG- I )
Planned Community
District (PCII) \\ith
underl) ing of’fW
Immediately east of Masimum Top parapet wall
Admiralty II building height 2““ floor above the IOth
south side of PGA line floor (waiver
Blvd. provided)
Admiralty II (Embassy Maximum above 2”” floor
Suites). south side of height 2“” floor line (waiver
PGA Blvd. line provided)
Northeast corner of Maxi mu m Top parapet wall
Fairchild Gardens height 2““ floor above the 4Ih floor
Ave. And I’GA Blvd. line (waiver provided)
Palm Beach
Gardens
Medical
Pav i I ion
PI I I)/Pc‘I) \+ ith Northwest corner of Ma\imum
underlj ing of PO PGA Blvd. And height 2”” floor
Fairchild Gardens line
Project Narrative - The Pointe
July 15,2005
Page 14
The following Table summarizes similar approvals for the placement of wall signs:
Required Provided Development
Order
Masimum
height 2“” floor
line
Top parapet wall
above the 1 OLh
floor (waiver
provided)
Ordinance 14, 2000
(Approved June 5,
2000)
~
Double Tree
tlotel
Maxi mum
height 2”” floor
line
Top parapet wall
above the 6Ih floor
(waiver provided)
Ordinance 14, 1997
(approved April 3,
1997)
Northeast corner of
Militar] Trail and
PGA Blvd.
Southeast corner of I-
95 and PGA Blvd.
PIJI) nith undcrl! ing
(icncral Commercial
(CG-I)
PlJD nith underlSing
General Commercial
(CG-I)
Marriott Hotel Maximum
height 2”” floor
line
Top parapet w8all
above the 1 1lh
floor (waiver
provided in PUD
approval)
Ordinance 20. 1987
(approved Nov. 19,
1987)
Resolution 159, 1990
(approved Dec. 18,
1990)
Ordinance 14, 2000
(approved June 5,
2000)
limbass!
Suites
Boston Steak
and Seafood
Resolution 90, 1992
(approved Oct. 13.
1992)
Resolution 2 I, 1998
(approved Mar. 19,
1998)
Hank One
(a.!i.a.
Mac Arthur
Center Bldg.
Top parapet wall
above the 2Ih floor
(waiver provided)
Resolution 172, 2004
(approved Sept. 14,
2004)
~~
PIJDIPCD nith
underl! ing of PO
~~ ~
Northeast corner of’
PGA Blvd. And
Alternate AIA
Resolution 1 18, 1994
(approved Sept. I.
1984)
Maximum
height 2“* floor
line
above top floor
( 1 OLh floor)
(waiver provided
with PUD
approval)
UBS Paint:
Weber (aka
Medical Mall)
(irdnd Rank
Hu i Id i ng
~~ ~
Maximum
height 2”” floor
line
~
above top floor
(3‘” floor) (waiver
provided)
PI ann ed Coin ni u n it !
District (PCD) \\ith
underl? inp of PO
Northeast corner of
Lake Victoria and
PGA Blvd.
Project Narrative - The Pointe
July 15,2005
Page 15
Building
Golden Rear
Plaza
Zoning
PIJD nith an
iinderl! ing
Professional Office
(PO)
Location
East side ofI1.S.
Highua! 1.
immediatel\ north of
the Oahbroohe Square
Required
Makimum
height 2ns floor
line
Provided
Top parapet wall
above the 6"' tloor
(waiver provided)
Development
Order
Resolution 16, 1990
(approved Feb. 1,
2000) & Ordinance
29. 1989 (approved
Oct. 18. 1989)
The applicant believes that the requested waiver meets the purpose and intent of the sign code by
providing an "easy and pleasant" communication that is compatible with its surroundings,
promotion of the safety, health and welfare of the community, consistency with other signage
approvals, the minimum size sign that is appropriate to its activity, expressive of the main
tenant's identity, and, with the placement on the top floor, visible.
Ground Sign Side Yard Setback
Section 78-285. Table 24. a waiver to allow for an 18' reduction in the required 50' setback from
a non-right-of-way property line.
The location of the entrance ground sign is limited by the existing configuration of the access
into the property. The entrance location was pre-determined by the dedication of right-of-way for
1-95 and the fixed location of the alignment with the median opening in Military Trail. The
proposed location provides the best placement in order to maintain maximum visibility for cars
entering and exiting the site and provides the safest scenario for turning movements. The
residential property to the north provides a landscape buffer which will screen visibility of the
sign from the abutting residents.
Improvements and Landscaping in the Lake Maintenance Easements
Section 78-563(e). a waiver to allow for the construction of a bulkhead within the Lake
Maintenance Easement together with a waiver to allow the installation of landscape treatments
within the areas of the Lake Maintenance Easement.
The proposed plan of development has been designed to take advantage of the lake front and
incorporate it as an amenity to the tenants and their visitors by constructing a retaining wall with
seating along the northern edge of the lake. The proposed encroachment is an aesthetic
improvement which will enhance the quality of life of the tenants and improve the view from the
surrounding roadways. An area 12 feet in width has been provided behind the bulkheadheating
wall to allow for access and maintenance opportunities.
,
Project Narrative - The Pointe
July 15. 2005
Page 16
The applicant would also like to request a waiver to allow the planting of landscaping within the
Lake Maintenance Easement. The proposed planting will enhance the required littoral planting
and create a pleasing meandering edge treatment around the lake. The proposed planting's are
consistent with other similar lake projects approved by the city. Access is provided at multiple
points around the lake to allow for maintenance.
Permits prior to platting
Section 78-427. a waiver to allow for permits to be issued prior to the approval of the proposed
plat by the City Council.
The applicant would like to have the option to pull building permits for clearing and grading of
the site prior to the recording of the plat. Due to the delays that have been beyond the control of
the applicant in the review and approval of the concurrency application, the time frame for
development of the site has been extraordinarily extended. Upon approval, the applicant would
like to move forward with the development of the site as soon as possible.
Landscape Buffer Adjacent to a Right-of-way
Section 78-3 19 (a)( 1 ) - a waiver to allow for 5' reduction from 15' landscape buffer requirement
at the south side of the entry drive on Military Trail adjacent to the FDOT R.O.W.
The current configuration of the entrance drive was pre-determined by the dedication of the right-
of-way for 1-95 and the construction of the median opening in Military Trail. The location of the
drive aisle places the edge of pavement at 10' from the southern edge of the property line and the
1-95 right-of-way. The applicant is required to provide the proposed turn lanes into and out of the
site for operational safety.
Building Height
Section 78- 145, Table 12, wavier to allow for an increase in the overall building height to 68'-4''
from the permitted 36'.
The applicant is requesting a waiver to allow the height of the building to exceed the 36 foothwo
story limitation and to allow the 68'-4" four-story office buildings. The height of the proposed
office buildings are consistent with or lower than the height of many of the existing buildings
within the city-s 1-95 corridor. The proposed buildings are also consistent with other buildings
in the city that have a similar high profile location.
The site plan and the architecture have been designed to minimize the effects of development of
this site to the surrounding properties. By consolidating the square footage into taller structures,
less lot coverage is required and more open space can be provided. More than 3 acres of
additional open space has been provided as part of the design of the site. That additional open
.- .
Prqject Narrative - The Pointe
July 15, 2005
Page 17
space has been placed throughout the site for the maximum benefit of the community and the
abutting property owners.
The design of the site plan has taken into account the conflicting relationship of 1-95 and the
overpass to the abutting residential communities. The overall design of the site plan was a
challenge due to the parcels unusual configuration, however, by placing the structures along the
frontage of 1-95 the additional benefit of the creation of a noise barrier for the residents was
accomplished. The preservation of the upland preserve adjacent to the residents also allows the
residents to continue to enjoy a natural setting adjacent to their rear yards. With the further
enhancement of the preserve area with additional trees and a heavily planted buffer, the view of
the project and noise from 1-95 has been further minimized.
The design of the structures has incorporated many of the design elements of the City suggested
Design Guidelines for Non-residential Development, which enhance the aesthetic value of the
structures. The project architect utilized the high standards of design and aesthetic appeal
established by the Guidelines in the design of the buildings. He has also incorporated
architectural features and patterns that provide visual interest that help to reduce the scale of the
building.
The height of the proposed structures is consistent with the comments and direction of many of
the city residents during a recent focus group workshop on economic development initiatives. In
an effort to promote the most economicly viable project it is desirable to make building
construction as efficient as possible. Consolidation of the square footage into two four-story
structures make the project more economically viable and in turn an asset to the City.
11/02/2005 04:40 5616240036 MATH I SON PAGE 02/03
100 Sabal Ridge Circle
Palm Beach Gardens, Florida 33418
Planning & Zoning Department,
City oFPalin Reach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 3341 0
To Whom It May Concm:
Subject: Petition PUD-OS-07-000004: The Pointe PUD.
The Directors of Sabal Ridge Condominium Association, Inc., and interested unit owners
have held meetings with Steve Mathison and thc project team for The Pointe office
complex proposed to be built on the land to the south of our commuiity.
We have reviewed the plans for The Pointe prepared by Urlm Design Studio, planner,
and OGS&P Architects, architect. The Association supports The Pointe as designed by
Urban Design Studio and OGS&P and appreciates the attention giveii to our community
concerning the design process.
Doris Semon.
Director,
Sabal Ridge Condominium Association, Inc.
11/02/2005 04: 40 5616240036
11/02/2005 01:29 5616240036 ,
MATHISON
MATHI SON
8259 North Military Trail, Suite 1 1
Palm Beach ffaTdens, Florida 33410
October 28,2005
.. Planning & Zoning Dcpartment,
City of Palm Beach Gatdens
10500 North Military Trail
Palm Beach Gardm, Florida 33410
To Whom It May Conccm:
Subject: Pcti tion PUb.05-07-000004: The Pojntc PUD.
The Directors of Winchester Courts Homeowners? Association, hc., and interested unit
owners have held meetings with Stcvc Mathison and the project team for The Pohte
office cornplex proposed to be built on the land to the wut of our community.
Wc have tevicwod the plans for The Poitite prepared by Urban Design Studio, planner,
and OGS&P Arcliitects, architect, The Association supports The Pointc as designed by
Urban Design Studio and OffS&P and appreciates the attention given to our community
conceping the design process.
2*'P Sincerely,
Don Gibson.
Winchester Courts Homeowners' Association, hic,
Rosd Committee -,
PAGE 03/03
PAGE 02/02
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ORDINANCE 37,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, REZONING A PARCEL OF LAND
CONSISTING OF 9.18 ACRES, LOCATED AT THE NORTHWEST
CORNER OF MILITARY TRAIL AND INTERSTATE 95, AS MORE
PARTICULARLY DESCRIBED HEREIN, FROM A PROFESSIONAL
OFFICE (PO) ZONING DESIGNATION TO A PLANNED UNIT
DEVELOPMENT (PUD) OVERLAY ZONING DESIGNATION WITH
AN UNDERLYING ZONING OF PROFESSIONAL OFFICE (PO);
AMENDING THE ZONING DISTRICT MAP; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City has received a request from Anne Booth of Urban Design
Studio, on behalf of Pointe Property Development, LLC, for a rezoning of a 9.18-acre
parcel located at the northwest corner of Military Trail and Interstate 95 from a
Professional Office (PO) zoning designation to a Planned Unit Development (PUD)
Overlay zoning designation with an underlying zoning of Professional Office (PO); and
WHEREAS, the subject site is currently zoned Professional Office (PO) and has
a land-use designation of Professional Office (PO); 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 held a duly noticed public
hearing on November 8, 2005, and has recommended approval of the rezoning to the
City Council with a vote of 7-0; 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
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 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:
Date Prepared: November 9,2005
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Date Prepared: November 9,2005
Ordinance 37, 2005
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 a parcel of land, as more particularly described below, from a
zoning designation of Professional Office (PO) to a zoning designation of Planned Unit
Development (PUD) Overlay with an underlying zoning designation of Professional
Office (PO):
LEGAL DESCRIPTION:
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 1 , TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH
RECORDED IN DEED BOOK 815, PAGE 581, AND OFFICIAL RECORD BOOK 2439,
PAGE 985, PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA.
COUNTY, FLORIDA. SUBJECT TO THE RIGHT-OF-WAY OF MILITARY TRAIL AS
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES
139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH
01'43'57" EAST 733.64 FEET TO THE POINT OF BEGINNING; THENCE NORTH
01'43'24" EAST 633.61 FEET; THENCE NORTH 88'16'36" WEST 81.42 FEET;
THENCE SOUTH 01 '43'24" WEST 71.37 FEET; THENCE SOUTH 05'32'14" WEST
180.40 FEET; THENCE SOUTH 01'43'24" WEST 303.13 FEET TO THE BEGINNING
OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 136.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 35'49'24" A DISTANCE OF 85.03 FEET TO THE END OF SAID CURVE; THENCE
SOUTH 88'30'43" EAST 119.04 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES
139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH
01'43'57" EAST 733.64 FEET; THENCE NORTH 88'30'43" WEST 340.43 FEET TO
THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,051.92 FEET;
THENCE FROM A TANGENT BEARING OF NORTH 41'19'54" WEST RUN
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
07'27'34" A DISTANCE OF 136.95 FEET TO THE END OF SAID CURVE; THENCE
NORTH 33'52'20" WEST 707.12 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 3,180.05 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
01'06'22" A DISTANCE OF 61.39 FEET TO THE END OF SAID CURVE; THENCE
NORTH 88'32'02" WEST 335.22 FEET; THENCE SOUTH 01 '48'46" WEST 178.81
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Date Prepared: November 9,2005
Ordinance 37, 2005
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FEET; THENCE SOUTH 26'31'40" EAST 482.71 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 11,553.16 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 00'43'22" A DISTANCE OF 145.73 FEET TO THE END OF SAID CURVE;
THENCE SOUTH 88'30'43" EAST 570.79 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES
139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH
01 '43'57" EAST 733.64 FEET; THENCE NORTH 88"30'43" WEST 91 1.22 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88'30'43" WEST 299.14
FEET; THENCE NORTH 01 '48'46" EAST 554.37 FEET; THENCE SOUTH 26'31'40"
EAST 482.71 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 11,553.16 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE 145.73 FEET THROUGH A CENTRAL ANGLE OF 00'43'22" TO THE END
OF SAID CURVE AND THE POINT OF BEGINNING.
TOGETHER WITH:
A PORTION OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (SE
1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 1, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE NORTH 00'59'20" EAST A DISTANCE OF 9.00 FEET
TO A POINT; THENCE NORTH 01'43'57" EAST A DISTANCE OF 733.64 FEET TO A
POINT ON THE NORTH LINE OF SAID SOUTH HALF (S 1/2), SOUTHEAST
QUARTER (SE %), NORTHWEST QUARTER (NW %); THENCE NORTH 88'30'43"
WEST, ALONG SAID NORTH LINE, A DISTANCE OF 119.15 FEET TO THE POINT
OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE
CONTINUE NORTH 88'30'43" WEST, ALONG SAID NORTH LINE, A DISTANCE OF
NORTHEAST HAVING A RADIUS OF 1051.92 FEET, A CENTRAL ANGLE OF
1'03'55'' AND A CHORD BEARING OF SOUTH 41'51'52" EAST, SAID POINT ALSO
NOW LAID OUT AND IN USE; THENCE SOUTHEASTERLY, ALONG THE ARC OF
THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTH HAVING A
RADIUS OF 136.00 FEET AND A CENTRAL ANGLE OF 100'03'25"; THENCE
DISTANCE OF 237.50 FEET TO THE POINT OF BEGINNING. BEARINGS RECITED
221.28 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE
LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 9 (1-95) AS
SAID CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 19.56 FEET TO
EASTERLY, ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY LINE, A
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Date Prepared: November 9,2005
Ordinance 37, 2005
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HEREIN ARE BASED UPON THE EAST LINE OF THE NORTHWEST QUARTER (NW
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ARE RELATIVE THERETO.
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 become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: November 9,2005
Ordinance 37, 2005
PASSED this day of , 2005, upon first reading.
PASSED AND ADOPTED this day of ,2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
G:\attorney-share\ORDINANCES\Pointe - ord 37 2005.doc
FOR AGAINST ABSENT
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RESOLUTION 175,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY LOCATED AT THE NORTHWEST CORNER OF
MILITARY TRAIL AND INTERSTATE 95, AS MORE
PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 150,000 SQUARE FEET OF PROFESSIONAL
REFERRED TO AS “THE POINTE PUD”; PROVIDING FOR
WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND
PROVIDING AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 9.18-ACRE
OFFICE SPACE AND A FIVE-LEVEL PARKING GARAGE TO BE
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 a request from Anne Booth of Urban Design
Studio, on behalf of Pointe Property Development, LLC, for master development plan
approval to allow the development of two 75,000 square-foot professional office
buildings and a five-level parking garage to be called “The Pointe PUD”; and
WHEREAS, the subject site has been rezoned to a Planned Unit Development
(PUD) Overlay and has an underlying zoning designation of Professional Office (PO), in
accordance with Ordinance 37, 2005; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its November 8, 2005, meeting and recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant 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.
Date Prepared: November 9,2005
Resolution 175, 2005
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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 Anne Booth of Urban
Design Studio, on behalf of the Applicant, The Pointe Property Development, LLC, is
hereby APPROVED on the following described real property, to permit the development
of two 75,000 square-foot professional office buildings and a five-level parking garage
on 9.18 acres of land to be referred to as "The Pointe PUD," generally located at the
northwest corner of Military Trail and Interstate 95, subject to the conditions of approval
contained herein, which are in addition to the general requirements otherwise provided by
o rd in ance :
LEGAL DESCRIPTION:
THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 1 , TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH
RECORDED IN DEED BOOK 815, PAGE 581 , AND OFFICIAL RECORD BOOK 2439,
PAGE 985, PUBLIC RECORD OF PALM BEACH COUNTY, FLORIDA.
COUNTY, FLORIDA. SUBJECT TO THE RIGHT-OF-WAY OF MILITARY TRAIL AS
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES
139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH
01'43'57" EAST 733.64 FEET TO THE POINT OF BEGINNING; THENCE NORTH
01 "43'24" EAST 633.61 FEET; THENCE NORTH 88'1 6'36" WEST 81.42 FEET;
THENCE SOUTH 01'43'24" WEST 71.37 FEET; THENCE SOUTH 05'32'14" WEST
180.40 FEET; THENCE SOUTH 01'43'24" WEST 303.13 FEET TO THE BEGINNING
OF A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 136.00 FEET;
THENCE SOUTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 35'49'24" A DISTANCE OF 85.03 FEET TO THE END OF SAID CURVE; THENCE
SOUTH 88'30'43" EAST 119.04 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES
139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH
01'43'57" EAST 733.64 FEET; THENCE NORTH 88'30'43" WEST 340.43 FEET TO
THE POINT OF BEGINNING; SAID POINT BEING THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF 1,051.92 FEET;
THENCE FROM A TANGENT BEARING OF NORTH 41'19'54" WEST RUN
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
07'27'34" A DISTANCE OF 136.95 FEET TO THE END OF SAID CURVE; THENCE
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Date Prepared: November 9,2005
Resolution 175, 2005
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NORTH 33'52'20" WEST 707.12 FEET TO THE BEGINNING OF A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 3,180.05 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF
01'06'22" A DISTANCE OF 61.39 FEET TO THE END OF SAID CURVE; THENCE
NORTH 88'32'02" WEST 335.22 FEET; THENCE SOUTH 01 '48'46" WEST 178.81
FEET; THENCE SOUTH 26'31'40'' EAST 482.71 FEET TO THE BEGINNING OF A
CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 11,553.16 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE
OF 00'43'22" A DISTANCE OF 145.73 FEET TO THE END OF SAID CURVE;
THENCE SOUTH 88'30'43" EAST 570.79 FEET TO THE POINT OF BEGINNING.
LESS THE FOLLOWING:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS PER PLAT RECORDED IN PLAT BOOK 34, PAGES
139 THROUGH 145; THENCE NORTH 00'59'20" EAST 9.00 FEET; THENCE NORTH
01 '43'57" EAST 733.64 FEET; THENCE NORTH 88'30'43" WEST 91 1.22 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE NORTH 88'30'43" WEST 299.14
FEET; THENCE NORTH 01 '48'46'' EAST 554.37 FEET; THENCE SOUTH 26'31'40"
EAST 482.71 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 11,553.16 FEET; THENCE SOUTHEASTERLY ALONG SAID
CURVE 145.73 FEET THROUGH A CENTRAL ANGLE OF 00'43'22" TO THE END
OF SAID CURVE AND THE POINT OF BEGINNING.
TOGETHER WITH:
A PORTION OF THE SOUTH HALF (S 1/2) OF THE SOUTHEAST QUARTER (SE
1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 1, TOWNSHIP 42
SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHEAST CORNER OF TRACT "B" OF GARDEN LAKES
AND GARDEN SQUARE SHOPS ACCORDING TO THE PLAT THEREOF
RECORDED IN PLAT BOOK 34, PAGE 139, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE NORTH 00'59'20" EAST A DISTANCE OF 9.00 FEET
TO A POINT; THENCE NORTH 01'43'57" EAST A DISTANCE OF 733.64 FEET TO A
POINT ON THE NORTH LINE OF SAID SOUTH HALF (S 1/2), SOUTHEAST
QUARTER (SE Xi), NORTHWEST QUARTER (NW Xi); THENCE NORTH 88'30'43"
WEST, ALONG SAID NORTH LINE, A DISTANCE OF 119.15 FEET TO THE POINT
OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE
CONTINUE NORTH 88'30'43" WEST, ALONG SAID NORTH LINE, A DISTANCE OF
NORTHEAST HAVING A RADIUS OF 1051.92 FEET, A CENTRAL ANGLE OF
1'03'55" AND A CHORD BEARING OF SOUTH 41'51'52" EAST, SAID POINT ALSO
NOW LAID OUT AND IN USE; THENCE SOUTHEASTERLY, ALONG THE ARC OF
221.28 FEET TO A POINT ON A NON-TANGENT CURVE, CONCAVE TO THE
LYING ON THE EASTERLY RIGHT-OF-WAY LINE OF STATE ROAD NO. 9 (1-95) AS
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Date Prepared: November 9,2005
Resolution 175,2005
SAID CURVE AND SAID RIGHT-OF-WAY LINE, A DISTANCE OF 19.56 FEET TO
THE BEGINNING OF A COMPOUND CURVE CONCAVE TO THE NORTH HAVING A
RADIUS OF 136.00 FEET AND A CENTRAL ANGLE OF 100’03’25”; THENCE
DISTANCE OF 237.50 FEET TO THE POINT OF BEGINNING. BEARINGS RECITED
HEREIN ARE BASED UPON THE EAST LINE OF THE NORTHWEST QUARTER (NW
%I) HAVING A BEARING OF NORTH 01’43’24” EAST AND ALL OTHER BEARINGS
ARE RELATIVE THERETO.
EASTERLY, ALONG THE ARC OF SAID CURVE AND SAID RIGHT-OF-WAY LINE, A
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following nine (9) waivers:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Section 78-1 53, Nonresidential zoning districts, to allow for a building height
of 68.4 feet for each office building and a building height of 56.4 feet for the
parking garage.
Section 78-285, Permitted signs, to allow for principal building signs to be
located above the fourth floor line on the east and west elevations of each
office building.
Section 78-285, Permitted signs, to allow for an additional principal building
sign on the west elevation of each office building.
Section 78-285, Permitted signs, to allow for the landscaped area around
the monument sign to be 6.7 feet wide.
Section 78-344 (I)( I), Construction and maintenance, to allow 9.5-foot wide
parking spaces within the parking garage.
Section 78-345(d)( 1 ), Increase of parking spaces allowed, to allow for 25
additional parking spaces on-site.
Section 78-364 (a), Number of loading spaces required, to allow for two
loading spaces.
Section 78-31 9 (3), Minimum landscape buffer and planting requirements, to
allow for a 20-foot wide landscape buffer adjacent to the 1-95 right-of-way
around the lake.
Section 78-563 (c), Lake maintenance tracts, to allow for a 12-foot wide lake
maintenance easement.
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Date Prepared: November 9,2005
Resolution 175, 2005
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SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
1.
2.
3.
4.
5.
6.
7.
8.
The permitted uses shall consist of business and professional office.
Medical office uses shall not be permitted on site unless a traffic
equivalency analysis and a parking analysis are approved by the Growth
Management Administrator and the City Engineer via Administrative
Approval. (Planning & Zoning)
The monument sign shall include identification for no more than three
tenants and the project name “The Pointe.” The tenant signs shall not
exceed 50% of the height of the project sign. (Planning & Zoning)
The Applicant shall submit an updated phasing plan to the City on or before
the anniversary date of the development order approval until build-out.
(Planning & Zoning)
If the on-site Art in Public Places (AIPP) is located within the lake, the
Applicant shall install a seating area, which shall include a shade structure
such as a landscape trellis in the general area of the proposed art location
adjacent to the lake prior to issuance of the last Certificate of Occupancy for
Phase I, subject to review and approval by the Growth Management
Department. (Planning & Zoning)
Prior to the issuance of the last Certificate of Occupancy for the first phase,
the Applicant shall provide a fountain including aeration within the wet
detention area on site. (Planning & Zoning)
Prior to issuance of the first building permit, the Applicant shall post escrow or
make payment in lieu for the Art in Public Places in accordance with City Code
Section 78-262. (Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy, the City Council shall
review and approve the artwork design, and the approved art shall be installed
prior to the issuance of the last Certificate of Occupancy for Phase I. The Art
in Public Places Advisory Board may require the artwork to be cumulative for
both phases, and if the cost of the artwork in Phase I exceeds the AlPP
requirements for Phase I, the additional cost shall count towards Phase II
AlPP requirements. If the fountain is incorporated into the AIPP, credit may
be given for the fountain subject to review and approval by the Art in Public
Places Advisory Board and the City Council. (Planning & Zoning)
Prior to the issuance of the last Certificate of Occupancy for each phase, all
roof-top mechanical equipment shall be screened from view. (Planning &
Zoning)
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Date Prepared: November 9,2005
Resolution 175,2005
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10.
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At no time shall staging of construction vehicles and/or service vehicles occur
within a public right-of-way. All vehicular construction activities shall use a
construction access off of Military Trail. (Planning & Zoning)
The principal identification signs shall be limited to one type face, one color,
and shall not exceed the length or height as delineated as signage copy
area on the architectural elevations. The principal identification signs on the
east elevations shall consist of a reverse backlight channel letter with one
and one half-inch (1 %”) deep returns, and the backlighting shall be no
further than one and one half-inch (1 XI’) off the wall. Backlighting for these
signs on the east elevations shall be accomplished with LED bulbs, and
backlighting with neon shall be prohibited. The first building sign permit to
be issued by the Growth Management Department shall provide for the
color and type face allowed for the office buildings. (Planning & Zoning)
The only building signage allowed for this site is reflected on the City Council
approved architectural elevations. No other building signage shall be allowed.
(Planning & Zoning)
Prior to the issuance of the first Certificate of Occupancy for Phase II, the
Applicant shall install an eight-foot wide sidewalk adjacent to the parking
garage in lieu of the five-foot wide sidewalk reflected on the plans. (Planning
& Zoning)
Cify Foresfty
13. Within six months from the issuance of the first clearing permit, the
Applicant shall remove all prohibited, invasive, and non-native plants from
the site and install additional native material within the preserve, subject to
the City Forester‘s review and approval. The Growth Management
Administrator may grant a one-time, three-month time extension to this
requirement. (Planning & Zoning)
14. Within six months from the issuance of the first clearing permit, the
Applicant shall implement the City’s Military Trail Median Landscape Plan
adjacent to the subject site. The Growth Management Administrator may
grant a time extension to this requirement only if the Applicant has
demonstrated progress in implementing this condition. (City Forester)
15. The Applicant shall maintain and irrigate the Military Trail median from the
southern property terminus to the northern property terminus. The Applicant
shall also maintain and irrigate the Interstate 95 road shoulder landscaping
from the site entrance to the western terminus, subject to Florida
Department of Transportation (FDOT) approval. This condition may be
amended at any time by a separate agreement between the City and the
applicant. (City Forester)
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Resolution 175, 2005
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16. Within six months from the issuance of the first clearing permit, the
Applicant shall install all Interstate 95 road shoulder landscaping and
irrigation, subject to approval from the Florida Department of Transportation
(FDOT). The Growth Management Administrator may grant a time
extension to this requirement only if the Applicant has demonstrated
progress in implementing this condition. (City Forester)
17. Within six months from the issuance of the first clearing permit, the
Applicant shall install all buffers within Phase I in their entirety, in
accordance with the Pointe Phasing Plan, sheet three of four. The Phase II
buffer shall be completed within six months from the issuance of the first
clearing permit for Phase II. The Growth Management Administrator may
grant a one-time, three-month time extension to this requirement. (City
Forestry )
18. Any major change to the approved landscape plan that results in a
downgrade, as deemed by the Growth Management Administrator, shall
require approval by the City Council in accordance with City Code Section
78-306 (f). (City Forester)
Police Department:
19. Metal halide lighting shall be used for all street, walkway, and parking
garage lighting. (Police Department)
20. Prior to the issuance of the first Certificate of Occupancy for each phase,
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lighting locations and building addresses shall not conflictwith landscaping,
including long-term tree canopy growth. All light poles on-site shall not
exceed a height of 25 feet in the parking lot and 14 feet in pedestrian
pathways. (Police Department)
Prior to the issuance of the first Certificate of Occupancy for each phase, all
numerical addresses shall be placed at the front of each building. Each
numerical address shall be illuminated for nighttime visibility, shall provide
bi-directional visibility from the roadway (when applicable), shall consist of
12 inches in height and shall be a different color than the color of the
surface to which they are attached. (Police Department)
Prior to the issuance of the first Certificate of Occupancy for each phase,
the Applicant shall provide a timer clock or photocell sensor engaged
lighting above or near entryways and adjacent sidewalks. (Police
Department)
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Resolution 175, 2005
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Prior to the issuance of the first building permit, the Applicant shall provide a
street address system depicting street names and numerical addresses for
emergency response purposes. Address system depiction shall be in 8.5” X
11” map format. (Police Department)
Prior to the issuance of the first Certificate of Occupancy for each phase, all
building directories and mailboxes shall be located within the buildings.
(Police Department)
Prior to issuance of the first Certificate of Occupancy for each phase, all
structures shall be target hardened to include pre-wiring for an alarm
system; all entry doors (excluding glass doors) shall be equipped with a
metal plate over the threshold of locking mechanism; rear doors shall have
180 degree peephole viewers; case hardened deadbolt locks shall be on all
exterior doors with minimum one-inch throw (excluding glass doors); door
hinges shall be on the interior side of each door; and the main entries to all
buildings shall be wired for closed circuit digital camera surveillance system.
All glass doors shall be impact resistant. (Police Department)
Prior to the issuance of a building permit for the second phase, the
Applicant shall submit a photometric plan that complies with the Illumination
Engineering Society of North America (IESNA) standards for the parking
garage, subject to review and approval by the City Engineer. (Police
Department)
Prior to the issuance of the first Certificate of Occupancy for the second
phase, the Applicant shall provide an access control system, utilizing a key
pad or card system, for all doors and elevators in the parking garage, which
shall be activated between the hours of 1O:OO p.m. through 6:OO a.m.
(Police Department)
Prior to the issuance of the first Certificate of Occupancy for the second
phase, the Police Department shall approve the location of signs and
graphics indicating exits, stairs, and elevators within the parking garage.
(Police Department)
Prior to the issuance of the first Certificate of Occupancy for each phase,
the Applicant shall work with the Police Department to develop a security
plan, which may include the installation of a high-resolution, low-lux color
digital video system, with monitoring and photo processing picture or video
printout capabilities. (Police Department)
Prior to the issuance of the first Certificate of Occupancy for each phase,
the Applicant shall install convex mirrors in the stairwells and in all elevators
in locations approved by the Police Department. (Police Department)
8
Date Prepared: November 9,2005
Resolution 175,2005
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31. Prior to the issuance of the first building permit, the Applicant shall submit a
construction site security and management plan for review and approval by
the Police Department. Noncompliance with the approved security and
management plan may result in a stop-work order for the PUD. (Police
Department)
32. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
install a passive infrared activated supplemental lighting in the dumpster
enclosure area. (Police Department)
33. Prior to the issuance of the first Certificate of Occupancy for each phase,
the Applicant shall install a video camera in all elevators, subject to the
approved security plan. (Police Department)
City Engineering
34. Prior to the issuance of the first land alteration permit, the Applicant shall
provide a signed and sealed pavement marking and signage plan. (City
Engineer)
35. The Applicant shall provide the City Engineer with copies of all
correspondence to and from regulatory agencies regarding issues on the
Pointe PUD. (City Engineer)
36. Prior to commencement of construction for each phase, the Applicant shall
provide all necessary construction zone signage and fencing as required by
the City Engineer. (City Engineer)
37. Prior to the issuance of the first land alteration permit, the Applicant shall
provide surety for public infrastructure, landscaping, and irrigation. The surety
shall be based on a cost estimate that is signed and sealed by an engineer
and landscape architect licensed in the State of Florida. The surety shall be
based on 110% of the total combined approved cost estimates and shall be
posted with the City prior to the issuance of the first building permit. (City
Engineer)
38. Prior to issuance of the first land alteration permit, the applicant shall provide a
cost estimate for all other on-site improvements which do not include public
infrastructure, landscaping, and irrigation costs. The cost estimate shall be
signed and sealed by an engineer licensed in the State of Florida and shall be
posted with the City prior to the issuance of the first building permit. (City
Engineer)
39. The Applicant shall comply with all Federal Environmental Protection Agency
and State of Florida Department of Environmental Protection permit
requirements for construction activities. (City Engineer)
9
Date Prepared: November 9,2005
Resolution 175, 2005
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Prior to the issuance of the first land alteration permit, the Applicant shall
submit signed and sealed construction plans with all calculations by an
engineer licensed in the State of Florida. (City Engineer)
Prior to construction plan approval, the Applicant shall schedule a pre-permit
meeting with City staff. (City Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a paving, grading, and drainage plan along with surface water
management calculations and hydraulic pipe calculations for City review and
approval. The paving, grading, and drainage plan and calculations shall be
signed and sealed by an engineer licensed in the State of Florida. (City
Engineer)
Prior to the issuance of the first land alteration permit, the Applicant shall
provide a letter of authorization from the utility companies allowing
landscaping within their easements. (City Engineer)
The construction, operation, and/or maintenance of any elements of the
Pointe PUD shall not negatively impact the existing drainage of the
surrounding areas. If at any time during development it is determined by City
staff that any of the surrounding areas are experiencing negative drainage
impacts caused by the development of the Pointe, it shall be the Applicant’s
responsibility to resolve said impacts in a period of time and a manner
acceptable to the City. If said impacts are not remedied in a time period and
manner acceptable to the City, the City may cease issuing building permits
and/or Certificates of Occupancy until all drainage concerns are resolved.
(City Engineer)
No Certificates of Occupancy shall be issued until the contract is let for the
extension of the northbound left-turn lane along Military Trail at the median
opening, which shall provide access to the property for 420 feet (370 feet of
storage and 50 feet of taper). (Palm Beach County)
Prior to the issuance of the first Certificate of Occupancy, the existing U-turn
lane adjacent to the subject site shall be re-striped to indicate a left turn into
the subject site, subject to Palm Beach County’s approval. (City Engineer)
Any amendment to the site access point shall require the Applicant to
submit a revised traffic report for review and approval by the City Engineer
and Palm Beach County. (City Engineer, Palm Beach County)
The build-out date for the Pointe PUD shall be December 31, 2005, unless
extended per City Code Section 78-61. (City Engineer)
10
Date Prepared: November 9,2005
Resolution 175, 2005
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Miscellaneous
49. Prior to the issuance of the first building permit for each phase, digital files of
the approved plat shall be submitted to the Planning and Zoning Division, and
approved civil design and architectural drawings, including floor plans, shall be
submitted prior to the issuance of the first Certificate of Occupancy for each
phase. (GIs Manager, Development Compliance Officer)
SECTION 5. This 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 4: Site Plan, Details, Phasing Plan, and Additional Open
Space Plan, prepared by Urban Design Studio, last revised on November 9,
2005, and received and stamped by the City on November IO, 2005.
2. Sheets 1 through 7: Alternative Landscape Plans, Specifications and
Details, prepared by Urban Design Studio, last revised on November 9,
2005, and received and stamped by the City on November IO, 2005.
3. Sheets 1 through 4: Site Lighting Plans, prepared by Lighting Dynamics
Inc., last revised on November 9, 2005, and received and stamped by the
City on November IO, 2005.
4. Sheets A-I .O through A-3.5 (15 sheets total): Architectural Elevations, Floor
Plans, and Roof Plans, prepared by Oliver, Glidden, Spina, & Partners, last
revised on November 9, 2005, and received and stamped by the City on
November IO, 2005.
SECTION 6. This 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)
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Date Prepared: November 9,2005
Resolution 175, 2005
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PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
\\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\Pointe - reso 175 2005.doc
12
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
SUBJECT/AGENDA ITEM
Ordinance 32,2005 & Resolution 152,2005: Frenchman’s Yacht Club - Rezoning and Master
Plan Approval
Public Hearing and Second Reading: A request by George Gentile, of Gentile, Holloway,
O’Mahoney & Associates, Inc., on behalf of Avatar Properties, Inc., for a rezoning and master
development plan approval to allow the development of 1 13 multifamily dwelling units within four
(4) condominium buildings ranging from four (4) to five (5) stories in height and 9,990 square feet
of internal office/retail space for use by the marina to be called the “Frenchman’s Yacht Club.” The
14.54-acre subject site is generally located at the southeast corner of Prosperity Farms Road and
Donald Ross Road.
[XI Recommendation to APPROVE with conditions and waivers
[ ] Recommendation to DENY I
Reviewed by: I
City Attorney
Finance NIA
Development
Bahareh Keshavarz-Wolfs,
AICP
Compliance &
Approved By:
Originating Dept.:
Manager
Project
Planning Manager
[XI Quasi - Judicial
[ 3 Legislative
[XI Public Hearing
Advertised:
Date: November 16,
2005
Paper: Palm Beach Post
[XI Notified
[ ] Not Required
Affected Parties:
[XI Notified
[ ] Not Required
/
FINANCE: N/A
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Othera
Budget Acct.#:
NIA
CC Action:
[ ]Approved
[ 3 App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ 3 Rec. Denial
[ 3 Continued to:
Attachments:
Applicant’s
Justification
Statement
Objection Letters
Development Plans
and Renderings
Ordinance 32,2005
Resolution 152,2005
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
EXECUTIVE SUMMARY
The subject petition involves a request to develop the 14.54-acre subject property located at the
southeast comer of Prosperity Farms Road and Donald Ross Road into a mid-rise multifamily
residential development consisting of four (4) condominium buildings ranging in height from four
(4) to five (5) stories and 9,990 square feet of ancillary retailloffice space for use by the marina.
The applicant is requesting approval of six (6) waivers, all of which staff is recommending
approval. It is staffs professional opinion that the applicant has adequately justified the waiver
requests and mitigated the negative impacts created by the proposed development. Therefore, staff
is recommending APPROVAL of the subject petition.
BACKGROUND
The 1,400-acre Frenchman’s Creek residential community was originally approved as a Planned
Unit Development (PUD) and a Development of Regional Impact (DRI) in 1973 within
unincorporated Palm Beach County.
On December 15, 1988, the City Council adopted Ordinance 49, 1988 approving the annexation of
the portion of the Frenchman’s Creek DRI located south of Donald Ross Road, east of Alternate
AlA, and west of the Intracoastal Waterway consisting of 644 dwelling units and a 133-boat slip
marina on approximately 776 acres into the City of Palm Beach Gardens. The northern portion of
the Frenchman’s Creek DRI located north of Donald Ross Road was annexed into the Town of
Jupiter.
The existing land-use designations for the Frenchman’s Creek DRI were assigned when the City’s
Comprehensive Plan was adopted in January 4, 1990. The zoning designation of Planned
Community Development (PCD) was assigned to the DRI on August 19, 1994, through the
adoption of Ordinance 13, 1994.
The subject 14.54-acre site (the “Property”) is comprised of two (2) parcels: a 6.05-acre parcel (the
“West Parcel”) on the southeast comer of Prosperity Farms Road and Donald Ross Road that is
currently not within the boundaries of the Frenchman’s Creek DRI/PCD; and an 8.49-acre parcel
(the “East Parcel”) that is within the boundaries of the Frenchman’s Creek DRI/PCD and currently
contains the marina office and the dry boat storage facility.
The applicant is proposing to develop the property as a residential waterfiont community consisting
of 113 multifamily residential units within four (4) condominium buildings ranging from four (4) to
five (5) stories in height overlooking the existing Frenchman’s Creek Marina. In order to allow said
development on the subject site, the applicant must also obtain approval of the following petitions:
*:* Petition PCDNOPC-04-02 (Resolution 162, 2005; under a separate report): A request
for a Notice of Proposed Change (NOPC) and an amendment to the Frenchman’s Creek
Planned Community Development/Development of Regional Impact (PCDDRI) to (1)
incorporate the 6.05-acre site located at the southeast comer of Donald Ross Road and
Prosperity Farms Road into the boundaries of said PCDDRI; and (2) allow for the
2
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
approval of a Use Conversion Matrix for the DRI.
Note: The Department of Community Affairs (DCA) of the State of Florida and the
Florida Department of Transportation (FDOT) have reviewed the proposed NOPC and
have raised no objections.
*3 Petition ZON/SP-04-01 (Ordinance 32, 2005 and Resolution 152, 2005; the subject
petition): A request for a rezoning and master development plan approval to allow the
development of 113 multifamily dwelling units and 9,990 square feet of internal
officelretail space for use by the marina within four (4) condominium buildings ranging
from four (4) to five (5) stories in height to be called the “Frenchman’s Yacht Club.”
LAND USE & ZONING
The land-use designation of the Property as shown on the City’s Future Land Use Map is
Commercial (C). As stated above, the applicant is requesting by way a separate development
application (PCDNOPC-04-02) approval of a Use Conversion Matrix within the PCDDRI to allow
for the site to be utilized for residential uses.
The West Parcel, which is not currently within the boundaries of the Frenchman’s Creek PCDDRI,
has a zoning designation of Planned Development Area (PDA). The East Parcel has a Planned
Community Development (PCD) zoning designation.
The applicant is requesting to rezone the West Parcel to a Planned Community Development (PCD)
zoning designation to include it within the Frenchman’s Creek PCDDRI and assign the Property a
Residential Medium (RM) underlying zoning designation.
The existing land uses and zoning designations of properties surrounding the Property are provided
in the following table:
(The remainder of this page was intentionally left blank.)
3
Date Prepared: November 2,2005
Meeting Date: December I, 2005
Ordinance 32,2005
Resolution 152,2005
EXISTING USE
ZONING CLASSIFICATIONS, LAND-USE DESIGNATIONS
ZONING LAND USE
---,--. - .-”-..L
Vacant/Frenchman’s Marina OficeDry Boat Storage II Siihiert Prnnertv II Planned Development Area
(PDA)/Planned Community Commercial (C)
Development (PCD)
T.1 - *”
&&
Single Family Residences (Palm Beach County)
raim Beacn LOU]
Residential 2 UI
Acre (LR-2)/ Pal,
County Low Resi
Units Per Acre I
Palm Beach County Single
Residential (RS) and Palm
Beach County Multi
Residential (RM)
Tits Per
m Beach
dential 3
JLR-3)
south
Frenchman’s Creek MarindFrenchman’s Creek Single Family
Residences II ‘Ianned Residential Low (RL) Development (PCD)
- East
Frenchman’s Creek Preserve
Residential Low (RL) Planned Community I Development (PCD)
West
Frenchman’s Creek Single Family Residences
Planned Community
Development
(PCD)/Conservation
Preserved Lands
Conservation (CONS)
CONCURRENCY
The portion of the Frenchman’s Creek DRI that lies within the City’s boundaries is vested for 3,550
dwelling units, a 281-acre golf course and a 137-berth marina. Currently there exist only 644
dwelling units within the Frenchman’s Creek PCD/PCD. The proposed development consists of
1 13 multifamily dwelling units and 9,990 square feet of internal officehetail use by the marina. The
City’s traffic consultant has indicated that the proposed project does not have the potential to
increase traffic beyond that currently vested for the approved PCDDRI.
The project received a School Concurrency Determination from the School District of Palm Beach
County on January 5, 2005, providing school concurrency for up to 260 multifamily dwelling units
(the applicant’s original proposal included 260 units). The Concurrency Determination is valid for
one (1) year from the date of issuance. Once a development order is issued for the project, the
Concurrency Determination will be valid for the life of the development order.
PROJECT DETAILS
The proposed development plan consists of 1 13 multifamily residential units within four (4)
condominium buildings ranging from four (4) to five (5) stories in height overlooking the existing
Frenchman’s Creek Marina. Also proposed is approximately 9,990 square feet of officehetail space
on the first floor of Buildings #2 and #3 to be utilized by the marina. The residential units have
been placed above one (1) level of covered parking for residents. The clubhouse is proposed to be
incorporated into the first level of Building #1 and includes a swimming pool, barbeque area,
social/multipurpose room, fitness center, bar, living room, men’s and women’s locker rooms, sauna
and steam room. A 14-foot-wide paver pedestrian walkway is proposed between the buildings and
the existing marina. A majority of the units on the second level contain large lanais that face the
marina.
4
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
The site will contain a manned gatehouse to allow access into the site. The main driveway creates
an open view of the marina between the buildings and will contain a fountain at the central
roundabout. A secondary emergency access point has been provided from Prosperity Farms Road.
As part of a Stipulated Final Judgment entered into between the former property owner and Palm
Beach County, a traffic signal is required to be installed by Palm Beach County at the project’s
main entrance at such time when the Property is developed. Staff has included a condition of
approval that requires the traffic signal to be installed with painted mast arms and operational prior
to the issuance of the first Certificate of Occupancy on site. It is important to note that the project’s
entrance lies directly across the entrance into the Paradise Port residential community to the north
within unincorporated Palm Beach County, which will also benefit from the new traffic signal.
The marina property will not be subject to the rezoning but has been included within the limits of
the site plan since the required parking for the marina will be contained on the Property. A pool,
pool cabana and landscaping improvements are also being proposed on the marina property.
Building Heiaht
The maximum number of stories proposed is five (5); the maximum mean height of the proposed
structures is 59’-10”. The maximum height allowed within an RM underlying zoning district is the
lesser of 36 feet or two (2) stories. The applicant is requesting a waiver from the City’s LDRs to
allow for the construction of the buildings as proposed. This waiver is fbrther addressed in the
“Waivers” section of this report.
Density
The subject parcel will have an underlying zoning designation of Residential Medium (RM), which
permits up to nine (9) dwelling unitdacre, subject to the approval of a PUD or PCD by the City
Council. A 14.54 acre PUD or PCD within an RM zoning district is permitted a maximum of 130
units (14.54 x 9 = 130.86). The applicant’s proposal of 113 units provides for a density of 7.78
dwelling unitdacre, which is under the maximum density allowed in the underlying zoning
designation.
It is important to note that the maximum density permitted within the Frenchman’s Creek PCDDRI
pursuant to Resolution 53, 1992, is 4.7 dwelling unitdacre. With the addition of the 113 units on
the subject site, the overall density of the PCDDRI is .98 dwelling unitdacre (757 units/776 acres).
Architecture
The proposed residential buildings include the following architectural elements: Spanish tile roofs,
decorative out-lookers, pre-cast banding, decorative wood trellises within the second level lanais,
decorative aluminum guard rails, applied stone facades and a variety of roof features that contribute
to the massing and vertical articulation of the building. Building #4, which is closest to the existing
residential units to the south, is being proposed at four (4) stories; all other buildings are five (5)
stories. All accessory structures such as dock power supply structures and the main gate house
possess the same architectural style and elements as the main buildings.
5
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
The first floor of Buildings #2 and #3 will contain storefront windows and canvas awnings for the
retail/office areas. The portions of the first floor adjacent to the covered parking contain openings
with vented metal shutters and decorative metal screening to allow light, air and visibility into the
covered parking area.
Staff is generally satisfied with the level of detail and the massing of the proposed buildings.
Coastal Area
Objective 5.1.1. of the City’s Comprehensive Plan defines the City’s coastal high hazard area (the
“Coastal Area”) as the Category 1 Hurricane evacuation area consistent with Section
163.3178(3)(~)(2), Florida Statutes. The City’s Coastal Area is depicted on Map F of the City’s
Comprehensive Plan. A majority of the Property lies within the Coastal Area. Pursuant to Policies
5.1.6.1., 5.1.6.2., and 5.1.3.1. of the City’s Comprehensive Plan, staff has included a condition of
approval that requires the applicant to demonstrate that (1) the sanitary sewer facilities on site are
flood-proofed to prevent inflow and ensure that raw sewage will not leak from sanitary sewer
facilities during flood events; (2) the construction techniques on site are consistent with the
requirements of the Federal Emergency Management Agency Flood Insurance Program; and (3)
best management practices are used on site to prevent surface run-off from degrading the water
quality of Little Lake Worth or the Intracoastal Waterway.
Environmental Issues
The environmental assessment for the subject site conducted by Environmental Services, Inc., dated
April 2004, identifies a 0.1-acre mangrove swamp on the eastern border of the site directly adjacent
to the Frenchman’s Creek Preserve, which is comprised entirely of a wetland mangrove swamp. In
accordance with Section 78-246 of the City’s LDRs, lands containing mangrove swamps are
designated as environmentally significant lands. The City’s LDRs and Comprehensive Plan
encourage the preservation and protection of the ecological values and functions of the City’s
natural resources and environmentally significant lands from alterations that would result in the loss
or significant degradation of these habitats in perpetuity.
Section 78-250(1) requires an upland buffer composed of native vegetation to be established around
wetland areas. The buffer shall be a minimum of 15 feet in width from the landward edge of the
wetland in all places and an average of 25 feet in width from the landward edge of the wetland.
At the request of staff, the applicant has modified the site and landscape plan in a manner that
ensures the protection and viability of the existing mangrove wetland on site. The required buffer
adjacent to the wetland area has also been provided to the satisfaction of staff. Staff has included a
condition of approval that requires the existing mangrove swamp to be platted as such to ensure its
protection in perpetuity. Approval of the plat is required prior to the issuance of the first building
permit on site.
6
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
Landscaping and ODen Space
The City’s LDRs require 24,405 landscape points on site; the applicant is providing 28,291 points.
Pursuant to Section 78-319(b)(4) of the City’s LDRs, Coastal areas as designated in the City’s
Comprehensive Plan shall be required to have 90 percent native species on site. The proposed
landscape palette consisting of, amongst other species, Gumbo Limbo, Live Oak, Slash Pine, Royal
Palm, Cabbage Palm, Silver and Green Buttonwood, and Sea Grape, satisfies this requirement.
Certain Live Oak and Cabbage Palm species existing on site will be preserved and relocated to
other areas on site. Royal Palms line the entry drive and are found at other prominent areas on site.
At the request of staff, the applicant has provided substantial foundation landscaping around the
buildings.
Landscape Buffers: The portion of the Property along Donald Ross Road is subject to the
provisions of the Parkway Overlay District established in Section 78-23 1 of the LDRs. As required,
the applicant has provided a 150-foot parkway easement (measured from the centerline of the right-
of-way) for approximately 500 feet along Donald Ross Road; however, said easement is reduced by
approximately 22.33 feet to 127.67 feet near the project’s entrance (The applicant has requested a
waiver to allow said reduction which is discussed in the “Waivers” section of this report.). Upon
review of the landscape plans, it is staffs opinion that the proposed parkway easement meets the
intent of Section 78-23 1 of the LDRs relating to the Parkway Overlay District.
The portion of the Property east of the project entrance is adjacent to the ramp for the Donald Ross
Road Bridge over the Intracoastal Waterway. The applicant has included a 25-foot wide landscape
buffer with the area adjacent to the bridge and a 15-foot landscape buffer along Prosperity Farms
Road. As requested by staff, the applicant has provided the required buffer adjacent to the
mangrove wetland to ensure its protection.
There is no buffer being proposed between the Property and the marina property in order to allow
the residents views of and access to the marina.
Signane
The applicant is proposing one (1) sign on each site of the main entrance that reads “Frenchman’s
Yacht Club.” The individually mounted channel letters will not exceed 24 inches in height; the
copy area will not exceed 60 square feet. Staff does not have any objection to the signage proposed.
The applicant has stated that typical wall mounted channel letter signage will not be utilized for the
ancillary retail and offices uses on site so as not to detract from the residential character of the
buildings. Instead, the applicant wishes to utilize blade signs that protrude perpendicularly from the
building, but does not wish to provide the details since the tenants are not known at this time. Staff
feels that blade signs, if tastefully constructed and installed, will compliment the residential uses on
site. Staff has included a condition of approval that requires the blade signs to be approved by way
of an administrative approval prior to the issuance of a building permit for the signs. Staff will
ensure that the signs are tastefully designed and are uniform in size and appearance.
7
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
Parkinz
The total parking required for site pursuant to the City’s LDRs, including the required parking for
the residential units, the officehetail uses on site, and the existing marina is 407 spaces. The
applicant has provided 461 spaces, 242 of which are contained within the covered parking structure.
Those spaces, along with 78 spaces outside of the covered parking structure, are located behind
unmanned access gates located within the site and are intended for use by the residents only. The
remaining 141 spaces will be utilized for use by the marina, the retail and office uses, and guests.
All spaces within the garage are proposed at nine (9) feet in width; the 36 paver parking spaces
along the main drive are proposed at nine and one-half (1/2) feet in width. These spaces require a
waiver from the City’s LDRs that is discussed in the “Waivers’’ section of this report. All other
spaces are 10 feet in width.
WAIVERS
The applicant is requesting approval of the following six (6) waivers
SUMMARY OF REQUESTED WAIVERS
Code Section
Section 78-23 l(f)(l)a. of the City’s
LDR’s, entitled Right-of-way and
easements
Section 78-345(d)( 1) of the City’s LDRs,
entitled Increase of parking spaces
allowed
Section 78-141 of the City’s LDRs,
entitled Residential zoning district
regulations
Section 78-344 (I)( l), entitled Minimum
dimensions (of off-street parking)
Section 78-285, Table 24, entitled
Permanent Signs
Section 78-182, entitled Illumination of
uses and buildinns
Required
150-foot easement
measured from
centerline of ROW
Parlung provided
shall not exceed 10%
of required
Max Building Height:
Lesser of 36 feet or
two (2) stories
10’ wide
One (1) sign per entry
10 foot candle max
within parlung, areas
Provided
127.67 at the
narrowest point
Parking provided is
13% of required
59’- 10” max mean
height of roof; five
(5) stories
242 spaces at 9’
wide & 36 spaces at
9.5’ wide
Two residential (2)
signs at the entrance,
in addition to the
existing marina sign
in the entrance
median
IESNA standards
Recommendation
Approval (1)
Approval (2)
Approval (3)
Approval (4)
Approval (5)
Approval (6)
1. Waiver from Section 78-231(f)(l)a. of the City’s LDRs entitled Right-of-way and
easements, to allow for a reduction in the required Donald Ross Road Parkway to 127.67
feet at its narrowest point. Said section requires a 150-foot parkway easement measured
from the centerline of the road.
Applicant’s Justification: The applicant has provided the required 150-foot parkway
8
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
easement for approximately 500 feet along Donald Ross Road. The applicant is requesting
to reduce the width of the easement to 127.67 feet at its narrowest point near the project’s
entrance in order to provide for a guest parking area. In order to justify the reduction, the
applicant has provided an additional open space area in the northwest vicinity.
Staff Analysis: Staff has performed an analysis comparing the area of the parkway easement
that would be required if a 150-foot easement was provided along the entire portion Donald
Ross Road that is not adjacent to the Intracoastal Bridge, as required by the LDRs, vs. the
area on the proposed site and landscape plan that is considered by staff to be included in the
Donald Ross Road Parkway. The area required by the LDRs is approximately 133,500
square feet of parkway easement; the area provided on the plan that is considered to be
included in the Parkway is approximately 172,500 square feet. Staff believes the proposed
site and landscape design satisfies the intent of the parkway requirements and, therefore,
recommends APPROVAL of the requested waiver.
2. Waiver from Section 78-345(d)( 1) of the City’s LDRs entitled Increase ofparking spaces
allowed, to allow for an increase in the number of parking spaces provided equal to 13% of
the required number of spaces. Said section limits the number of parking spaces on site to
10% of that required. Four hundred seven (407) parking spaces are required; 448 (10% of
required) would be permitted by Code. Four hundred sixty-one (461) spaces are proposed;
17 spaces beyond that allowed by Code.
Applicant’s Justification: The applicant states that the additional spaces are needed for the
marina guests, as the Code requirement of one (1) space per two (2) slips is insufficient to
meet the needs of the users of the marina.
Staff Analysis: The existing marina contains 119 parking spaces. The LDRs only require 67
spaces to be provided for use by the marina, which have been provided by the applicant.
The applicant is proposing an additional 54 parking spaces on site beyond what is required
by Code to provide additional parking for the users of the marina. The LDRs allow up to 41
additional spaces on site without a waiver. A waiver is required to provide an additional 13
spaces for a total of 54 additional spaces. Should the requested waiver be granted, there will
be 12 1 parking spaces for use by the marina.
Based on discussions with users of the existing marina and site visits to the marina, staff
agrees with the applicant that the current code requirement of 67 spaces for marina parking
is insufficient to meet the needs of the users of the marina. The applicant has provided the
additional open space required by Code when an increase in parking is proposed. Staff
recommends APPROVAL of the waiver request.
3. Waiver from 78-141 of the City’s LDRs, entitled Residential zoning district regulations, to
allow for three (3) buildings at five (5) stories in height, one (1) building at four (4) stories
in height, and a maximum mean building height of 59’-10”. Said section limits buildings
within a Residential Medium (RM) zoning district to the lesser of 36 feet or two (2) stories.
Applicant’s Justification: The applicant has stated that the project has been carehlly
9
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
designed to engage the marina located at the rear of the property and create a strong
residential link to the City of Palm Beach Gardens. The applicant Mher states that it is
necessary to exceed the maximum 36-foot height regulation in order to provide significant
architectural interest while maintaining consistency with the existing community. The
applicant states that the proposed use is more consistent with the surrounding residential
community than a larger commercial project which could be permitted under the property’s
current zoning and land use.
Staffs Analysis: The original submittal for the subject petition proposed four (4) buildings
ranging from eight (8) to ten (10) stories in height, at which time staff did not feel that the
project was compatible with the surrounding residential communities. During the review
process, the applicant has reduced the number of units from 260 to 113 and has reduced the
buildings down to a maximum of five (5) stories. The proposed density (7.78 ddacre) is
within that permitted with the Residential Medium (RM) zoning designation (9 ddacre).
The subject property is bounded by Donald Ross Road to the north, Prosperity Farms Road
to the west, the existing Frenchman’s Creek Marina (now referred to as “Loggerhead
Marina”) to the south, and the Frenchman’s Creek Preserve to the east. Due to its location
relative to two (2) major arterials and the fact that the subject site is set apart from the
adjacent single family neighborhoods by the aforesaid physical barriers, it is staffs
professional opinion that the subject site is suitable to contain a higher densityhntensity than
that of the surrounding properties. Staff feels that the proposed buildings and site have been
designed to minimize any negative impacts on surrounding properties. Staff recommends
APPROVAL of the waiver request to allow for an increased building height as proposed.
4. Waiver from City Code Section 78-344 (1)(1), entitled Minimum dimensions (of off-street
parking), to allow for 242 nine (9) foot-wide parking spaces within the covered parking
structure and 35 nine and one-half (9.5) foot-wide along the main driveway. City Code
requires 10-foot-wide parking spaces.
Applicant’s Justification: The applicant has stated that the reduction in the parking stall
width will allow for additional green space and amenity space for residents and visitors.
Staff Analysis: The applicant has provided the additional open space required to allow for a
reduction in parking stall width. Staff does not have an issue with the nine (9) foot wide
parking spaces within the covered parking structure as they will be used solely by the
residents. (Note: the parking stall widths of recently approved parking garages are as
follows: Legacy Place PCD (commercial), PGA National Resort, & Landmark: nine (9) feet
wide; Downtown at the Gardens: nine and one-half (9.5) feet wide).
Previously, the applicant was proposing 39 nine (9) foot wide parking spaces along the main
driveway of the site. Staff recommended that the applicant at least provide nine and one-
half (9.5) foot spaces along the main drive as these will be used by visitors to the retail and
office uses and well as to the marina. Since the PZAB hearing, the applicant has amended
the plan to include nine and one-half (9.5) foot wide spaces along the main drive. In
conclusion, staff recommends APPROVAL of the requested waiver.
10
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
5. Waiver from Section 78-285, Table 24, entitled Permanent Signs, to allow for one (1) sign
on each side of the entry into the development. Said section only allows one (1) sign per
entry into a residential development.
Applicant’s Justification: The applicant has stated that a sign is needed on both sides of the
entry to provide identification to the site for traffic heading east both east and west on
Donald Ross Road.
Staff Analysis: Staff agrees with the applicant’s justification and, therefore, recommends
APPROVAL of the waiver request. It is important to note that the existing Frenchman’s
Creek Marina sign in the median at the entrance to the marina will remain to provide
identification thereto.
6. Waiver from City Code Section 78-182 to allow for higher lighting levels than are
permitted by Code within the parking garage in order to meet the lighting standards for
parking garages established by the Illuminating Engineering Society of North America
(IESNA). City Code requires the maximum foot candle within parking lots to be 10.0 foot
candles.
Stuff Analvsis: The City’s Police Department and Growth Management staff have requested
that the lighting within the parking garage meet the lighting standards for parking garages
established by the Illuminating Engineering Society of North America (IESNA) to allow for
heightened vehicular navigation and safety therein. Staff has required the same within other
parking garages within the City. Staff recommends APPROVAL of the waiver request.
CITY COUNCIL
At its October 20, 2005, meeting, the City Council reviewed the subject petition and voted 4-0 to
approve Ordinance 32, 2005 on First Reading. A summary of the comments made by the City
Council relative to the subject petition are as follows:
*:* No outdoor amplification should be allowed on site.
Staff Response: Staff has included a condition of approval prohibiting the same.
*:* The City Council suggested that the applicant work the residents to the north to improve the
project in a manner that best addresses their concerns.
Stuff ResDonse: In an effort to address the concerns of the residents, the applicant has made the
following changes to the development plans:
i) The applicant has reduced the height of an architectural tower feature found on each
building, as reflected on the following page. (Note: This did not reduce the maximum mean
roof height of the buildings due to the method by which maximum height is measured,
pursuant to the City’s LDRs. The maximum mean roof height on site remains at 59’-lo”.)
11
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
Previously Proposed Elevation (above)
Currently Proposed Elevation (above)
ii) The applicant has added 11 Tree Ligustrum at 10 feet in height and three (3) Live
Oak trees at 22 feet height within the Donald Ross Road median between the subject
property and the neighborhood to the north to provide hrther screening of the buildings
from the north.
iii)
Donald Ross Road buffer as indicated below:
The applicant has increased the size and quantity of the landscaping within the
a) in height from 18 feet to 22 feet.
b)
from 12 feet to 16 feet.
c) in height from 18 feet to 22 feet.
Gumbo Limbo: Two (2) have been added (77 total); 14 have been increased
Slash Pine: 15 have been added (71 total); 13 have been increased in height
Live Oak: Two (2) have been added on site (54 total); 14 have been increased
12
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Ordinance 32,2005
Resolution 152,2005
d) Cabbage Palm: 19 have been added.
As of the date of the preparation of this report, the applicant has indicated that a meeting with
the residents to the north had not yet been held. The applicant reassured staff that such a
meeting would take place prior to Second Reading. Staff will have an update relative to the
same at Second Reading.
e3 The City Council stated that no office uses other than those that are ancillary to the marina
or that would only serve the residents @.e. condominium office, etc.) should be permitted.
Stuff Response: Staff has amended the condition relating to the same to reflect the City
Council’s direction.
e3 Although no comments were made by the City Council relative to the bus shelter requested
by staff, the applicant requested at First Reading that the condition relating to the
construction of the bus shelter be amended to require the applicant to construct the bus
shelter prior to the issuance of the first Certificate of Occupancy.
Stqff Response: Staff does not have any issue with the applicant’s request and, therefore, has
amended the condition to reflect the applicant’s request.
STAFF RECOMMENDATION
It is staffs professional opinion that the current development plans have been designed to mitigate
any negative impacts to the greatest extent possible and that the requested waivers are reasonable
and have been adequately justified. Therefore, staff recommends APPROVAL of Ordinance 32,
2005 and Resolution 152, 2005, subject to the conditions listed therein. It is important to note that
Resolution 152, 2005 has been prepared in accordance with staffs recommendation related to the
subject petition and requested waivers.
13
Kara Baxter, Esq.
baxterk@tJaw.com
(561) 650-7987
November 1,2005
HAND DELIVERY
Michael J. Sanchez, AICP
Principal Planner
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410-4698
Re: Frenchman's Yacht Club
Dear Mr. Sanchez:
Enclosed please find the revised architectural plans for the Frenchman's Yacht Club
project. These elevations have been revised to address comments from members of the
public received at the City Council meeting of October 20, 2005. You will also note that the
applicant has increased the quantity and the overall height of the landscape along Donald
Ross Road. Additionally, the applicant has added plant material in the median between the
frontage road and Donald Ross Road. We have also enclosed responses to LBFH's comments
dated September 19,2005.
Please let me know if you have any questions.
Very truly yours,
Kgra K. Baxter
Enclosures
cc: Mr. Ken Blair:
Mr. Eric Finkelberg
Mr. Jeffrey. Daley
Mr. John Gavenas
Mr. George Gentile
Ms. Jennifer Richards
Mr, Joel Wantman
Mr. Ray-Graziotto
CITY OF PALM BCH GDNS
PLANNING & ZONING DIV
CreenbergTraurig, P.A. I Attorneys at Law I 777 South Flagler Drive I Suite 300 East I West Palm Beach, FL 33401
Tel 561.650.7900 I Fax 561.655.6222
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FRENCHMAN’S YACHT CLUB
Project Narrative and Justification Statement
City of Palm Beach Gardens
September 12,2005
Project Location:
The proposed Frenchman’s Yacht Club is located on the southeast comer of Prosperity Fanns
Road and Donald Ross Road. The property included in this application totals 24.42 acres, which
is comprised of a 6.05-acre parcel (Western Parcel), an 8.49-acre parcel (Eastem Parcel), and
9.88 acres which represents the existing Marina basin. While the acreage of the existing Marina
basin has been added to this Project Narrative at staffs request, the ownership, use, size, number
and configuration of the slips remains unchanged. For the purposes of this Narrative, “Project’’
means only the 6.05-acre parcel (Western Parcel), an 8.49-acre parcel (Eastern Parcel) totaling
14.54 acres.
’
Frenchman’s Creek DRI:
The 1,400 acre Frenchman’s Creek Development of Regional Impact (DRI) was originally
approved as a DRI in Palm Beach County in 1973. While in unincorporated Palm Beach County,
the Frenchman’s Creek residential community was approved as a planned unit development with
644 dwelling units. The southern 776 acres, located within the City of Palm Beach Gardens and
located east of Alternate AM, south of Donald Ross Road and west of the Intracoastal
Waterway, were annexed into the City of Palm Beach Gardens in 1988. The northern half (north
of Donald Ross Road) was annexed into the Town of Jupiter in 1990. The DRI was never
amended to reduce the total number of dwelling units, therefore, the development remained
vested for 3,648 units. Currently, the Eastern Parcel is located within the Frenchman’s Creek
Development of Regional Impact (and Planned Community Development District). An NOPC
Application is pending to include the Western Parcel within the DRI.
Future Land-use and Zoning Designation:
The proposed Project has a Future Land-Use designation of Commercial. The Western (6.05
acre) Parcel is zoned PDA (Planned Development Area District) and is not part of the existing
DRI. The Eastern (8.49 acre) Parcel, is zoned PCD (Planned Community Development District)
and is included in the Frenchman’s Creek DRI. The Applicant is requesting approval of a Use
Conversion Matrix similar to what has been implemented at other DRI development orders in the
City. The Matrix establishes a conversion factor to change commercial (retail & office)
intensities to residential units or Residential Use to Commercial Uses. The conversion factor is
within the concurrency levels vested within the DRI and will not exceed density levels
established in the Development Order or the City’s Comprehensive Plan. This request is
consistent with the City of Palm Beach Gardens “Vision Plan” adopted by the City Council on
November 22, 1996. The Applicant is also requesting to rezone the Project to PCD Overlay with
an underlying Residential Medium zoning designation.
The applicant is proposing to develop the Eastern and Western parcels as a multi-use
waterfront community. The Project, to be named Frenchman’s Yacht Club, will ha3 .q gq
Proposed Project:
entrance fiom Donald Ross Road. The major components are four (4) condominiump
: & *..
8( ZCk‘iPljG ,
which overlook the existing marina. Buildings 1,2 and 3 will be five (5) stories or 59’-10” (four
stories of residential over parking) while Building 4 will be four (4) stories or 49’-6” (three
stories of residential over parking) and will provide a total of 113 dwelling units. This represents
a reduction of 53.4 feet in height and a reduction of 147 dwelling units fiom the original proposal
for this Project, resulting from discussions with Frenchman’s Creek residents. In addition to the
residential units, there will be a total of 9,990 square feet of internal officehetail space as
accessory to the marina. The commercial space will be located on the first floor of Buildings 2
and 3.
Parking for the project will be provided by a combination of surface parking and parking garage
under the buildings. Parking will be provided for the residents (290 spaces which includes 14
guest spaces), accessory commercial (50 spaces), and for the existing marina (67 spaces). A total
of 407 parking spaces are required by Code, and 461 spaces will be provided. Pursuant to
Section 78-345(d)(1), the Applicant is seeking 41 parking spaces (which represents a 10%
increase allowed by Code without a waiver) and is requesting a waiver for an additional 13
parking spaces for its guests. In addition, there will be vehicular access for emergency vehicles
throughout the Project and along the marina basin. A secondary emergency access point is
provided from Prosperity Farms Road.
Along with the view of the marina, the Project will provide additional amenities for the residents.
These amenities include a yacht club that contains a pool, spa, grill area, meeting room, and
fitness area, a centrally located fountain and plaza, a marina front promenade, paving and
architectural features, and pedestrian connections and plazas throughout the project.
Projects within the PCD overlay district are allowed to request certain waivers from the Land
Development Regulations. In consideration of staffs comments, and after speaking with
residents of the adjacent communities, the applicant has reduced the number of waiver requests
contained in the original application from eight (8) to five (5). The applicant is requesting the
following waivers:
1. Reduced width of Donald Ross Road Parkway. We have provided a 150’ parkway
easement (measured fiom the centerline of the right-bf-way) for approximately 500’
along Donald Ross Road. We are requesting to reduce the width by 27.33’ to 122.67’
near the Project’s entrance. Additional open space has been provided at the western
comer of the site. At the intersection of Prosperity Farms Road, there is an additional
100’ open space. To the east of the Project’s entrance, the applicant has ended the
parhay and provided a 25’ landscape buffer. This buffer is adjacent to the ramp of the
bridge and not appropriate for a parkway.
2. Increased Building Height and Additional Stories. The applicant is requesting a waiver
fiom the maximum height requirement in the RM zoning district as described in Section
78-141, Table 10, which specifies a maximum building height of the lesser of 2 stories or
36 feet. Because the Applicant reduced the density of the project from 13 units per acre
to 8 units per acre, staffrequested that the Applicant rezone the property to the RM
zoning district. The Project will be designed as a residential condominium development
that will support 113 residential units within four buildings that are four (4) to five (5)
stories high. The height of the buildings as measured per the Code is 49’4“ and 59’-10”
2
3.
4.
respectively, requiring a waiver of 23.83 feet fiom the permitted height of 36 feet, along
with a waiver for, three (3) additional stories. The proposed residential development at
this site will only use a portion of the remaining residential entitlement within the DRI.
The Project has been carefully designed to engage the marina located at the rear of the
property and create a strong residential link to the City of Palm Beach Gardens.
It is necessary to exceed the maximum 36-foot height regulation in order to provide
significant architectural interest while maintaining consistency with the existing
community. The Gardens Mall, Good Sam North, Veridian, Stiles (Bank One Building),
the 3 80 1 Building, Gardens Plaza, and the Landmark Condominium define the dominant
vertical scale of the City. The project is carefully designed to be consistent with adjacent
development by only proposing 113 residential units even though there is a balance of
3,011 approved units available within the DIU. The proposed use is more consistent with
the surrounding residential community than a larger commercial project which could be
permitted under the property’s current zoning and land use. The applicant has worked
closely with members of the adjacent residential communities to address their expressed
concerns.
Reduced Parking Stall Dimensions. The applicant is requesting a reduction in the
minimum width dimension of the standard space as described in Section 78-344(L)(l)(a)
of ten feet. The applicant is requesting the minimum space requirement be reduced to
nine feet within the garage structure and 9.5 feet for the proposed commercial spaces.
The reduction in the parking stall width will allow for additional green space and amenity
space for residents and visitors. The applicant is not seeking a reduction in parking stall
width for the majority of the surface parking spaces.
Additional Parking. The applicant is questing an additional 17 parking spaces above the
total permitted in Section 78-345 and Table 33. Please see Attachment A below which is
a Table depicting that pursuant to the Code, 290 spaces will be provided for the residents
(which includes 14 guest spaces), 67 spaces will be provided for the existing marina, 50
spaces will be provided for the accessory commercial use, and 41 additional parking
spaces are provided (which represents a 10% increase allowed by the LDR without a
waiver). This totals 448 parking spaces. This request is for an additional 13 parking
spaces to total 461 parking spaces. These additional spaces are needed for the marina
guests, as the Code requirement of one space for two slips is insufficient to meet the
needs of users of the marina, and also to provide increased guest parking for future
residents. Pursuant to Section 78-345(d), the Applicant is providing additional open space
at a ratio of 1.5 square feet for each additional square foot of paved parking and vehicular
circulation area.
5. Permanent Signs. The applicant is requesting a waiver from Section 78-285, Table 24, to
allow for one (1) sign on each side of the entry into the Project. This request is needed in
order to place a sign on both sides of the entry to provide identification to the Project for
traffic headinn both east and west on Donald Ross Road.
3
ATTACHMENT A
PARKING REQUIREMENTS CALCULATIONS
“DWELLING, MULTIPLE FAMILY”:
1 space per bedroom
Plus minimum of 5% of total
required spaces for guest parking
2-bed units x 63 = 126
bedrooms
3-bed units x 50 = 150
bedrooms
5% of 276 spaces
TOTAL
SPACES
276
14
“MARINA, COMMERCIAL”:
1 mace Der two wet slim
Plus 1 space per 5 dry slips plus
the greater of 1 space per 200
square feet of accessory uses or
reauired parking for additional
~
133 slips / 2 67
9,900 / 200 50
10% INCREASE
per Section 78-345(d)(l)
without waiver
407 x 10% 41
SUBTOTAL 448
I WAIVERREQUEST I +13 I 461
4
CITY OF PALM BEACH GARDENS
MEMORANDUM
To: Planning, Zoning, and Appeals Boardmembe s
From: Michael J. Sanchez, Planning Manager
Date: 8/23/2005 i.l.R
Re: Letters Received to Date Regarding Proposed Development Plans for
Frenchman’s Yacht Club
Attached please find letters received to date by the Growth Management
Department regarding the proposed development plans for Frenchman’s Yacht
Club.
Should you have any questions or comments, please do not hesitate to contact me
at 799-4241.
FROM : FRXNO, :
Greenberu Y Traurig
Alfred J. Malofatlo
Tel. 561.860.7008 Fax 601.838.0808
Molohttd~gt&w.corn
August 17,2005
By E-Mail & Regular Mail
Michael J. Sanchez, AICP
Principal Planner
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410-4698
Re: Frenchman’s Yacht Club
Dear Michael:
On behalf of Avatar Properties, thank you for allowing us the opportunity to respond
to Mr. Jay Bramson’s letter dated August 10, 2005 (attached for your convenience).
Mr. Bramson’ s letter expresses concerns regarding the number of parking spaces proposed
for Frenchman’s Yacht Club, and the distance of the spaces from the docks. In response, we
respecthlly offer the following:
First, as to the number of parking spaces, we agree with Mr. Bramson that 67 spaces,
as required by the City’s Code for the existing marina, is not enough. This represents one
space per slip (133 / 2 = 67). It is for this reason that we are requesting 41 additional
parking spaces, which represents a 10% increase allowed by Code without a waiver and an
additional 17 parking spaces through our wavier request. While only 407 parking spaces are
required by Code, 465 spaces will be provided. So, in fact, more than 67 spaces will be
available for marina parking.
We have also requested a waiver for the reduction in the minimum width dimension
of the standard space from ten feet to nine feet for the proposed commercial spaces,
including the parking spaces which would serve the marina. The reduction in the parking
stall width will allow for additional parking spaces for the marina while providing sufficient
green space and amenity space. Denial of this waiver request, as currently contemplated by
staff, would result in a loss of six (6) parking spaces closest to the marina. The two
requested parking related waivers, if granted, will help alleviate the concerns raised by Mr.
Bramson.
In regard to Mr. Bramson’s concern regarding the distance of the parking spaces
from the docks, we would note that the ownership, operation, use, size, and number and
configuration of boat slips at the marina remains unchanged. The Loggerhead Club and
Marina does not currently permit heavy boat maintenance at the marina. However, a
Creenberg Traurig, P.A. I Attorneys at law I 777 South Flagler Drive I Suite 300 East I West Palm Beach. FL 33401
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Michael J. Sanchez, AICP
August 17,2005
Page 2
convenient system will be in place to address Mr. Bramson’s concerns. The marina is and
will be manned by dock assistants who will provide service and assistance to boat owners,
crews, and maintenance personnel, including golf cart transportation from the parking areas
to the docks, In addition, there will be access for emergency vehicles directly to the marina
basin.
We hope that we have addressed Mr.
assistance or answer any questions, please do
If we can provide further
cc: Mr. Jay H. Bramson
Mr. Ken Blair
Mr. Eric Finkelberg
Mr. Jeffrey Daley
Mr. John Gavenas
Mr. George Gentile
Kara Baxter, Esq.
Greenberg Traurig. PA.
August 2,2005
VIA U.S. MAIL
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 334 10
Re: Opposition to the potential development on the southeast corner of Prosperity
Farms Road and Donald Ross Road - PETITION ZON/SP -04-01; PETITION
PCD/NOPC -04-02; PETITION CP -04-04 -FRENCHMAN’S YACHT CLUB
To Whom It May Concern:
Please accept this letter as representation of my opposition to the proposed land use and
zoning change in regards to: PETITION ZON/SP -04-01; PETITION PCD/NOPC -04-02;
As a resident of The Cove, I oppose the development of four (4) high-rise condominium
units so close to our property. We feel that the development would be looking right into our back
yards. Additionally, when I bought our property it was with the knowledge that the subject
property would be developed as a commercial parcel. The comprehensive land use plan put in
place by Palm Beach County and approved by the State of Florida contemplated a commercial
use for this site and I believe that the public would be best served by the developer complying
with said land use and zoning restrictions.
Unfortunately, I cannot attend the meeting, but wanted my opposition to the project
noted.
PETITION CP -04-04 - FRENCHMAN’S YACHT CLUB.
Respectfully,
Li& M. Miller
APRIL 5, 2005
MR TALAL M BENOTHMAN - PLANNING AND ZONING DIVISION DIRECTOR
10500 N MILITARY TR
PALM BEACH GARDENS, FL 33410
RE: PETITION ZON/SP 04 01
FRENCHMAN'S YACHT CLUB
DEAR MR BENOTHMAN:
WHEN THE RESIDENTS OF PARADISE PORT, FRENCHMAN'S CREEK,
AND MILLER DR LEARNED THAT AVATAR PROPERTIES INC HAD
REQUESTED A REZONING WITH MULTIFAMILY DWELLINGS RANGING
FROM SEVEN TO TEN STORIES TN HEIGHT, WE WERE ALARMED AND
VERY CONCERNED.
COUNTY COMMISSIONER, KAREN MARCUS, SET UP A MEETING WITH
REPRESENTATIVES OF AVATAR PROPERTIES, INC TO MEET WITH US ON
MARCH 5,2005, AT THE NORTH COUNTY COURTHOUSE TO PRESENT
THEIR PLANS AND LISTEN TO OUR CONCERNS. SHE REQUESTED THAT
WE INFORM YOU, IN WRITING OF THE NEIGHBORHOOD CONSENSUS.
ONE: LIMIT MAXIMUM HEIGHT TO FORTY FEET INCLUDING GARAGE.
TWO: INSTALL TRAFFIC LIGHTS WITH FRENCHMANS ENTRANCE MOVED
WEST TO ALIGN WITH THE INTERSECTION ON THE NORTH SIDE
.. OF DONALD ROSS ROAD.
THIRD: PROVIDE LANDSCAPING TO THIS AREA OF DONALD ROSS ROAD
TO MAINTAIN THE BEAUTY AND DESIRABILITY OF PALM BEACH
GARDENSANDTHE NORTH ENDOF THE COUNTY, WE REQUEST THAT
YOU NOT SET A PRECEDENT FOR HIGH RISES IN RESIDENTIAL AREAS.
YOUR TRULY.
%-&B WILLIAM J. AND HARRIETTE MCANALLY
t
1 QT( OF PALM BEACH GARDENS I
Nigel J. Taylor
14081 Leeward Way
Palm Beach Gardens
Florida 3341 0
Tel: (561) 624-3852
April 18, 2005
APR 2 5 2005
PusNNlNG &ZONING DEPT,
4
LETTER IN OPPOSITION
Mr. Tala1 M. Benothman
Planning and Zoning Division Director
10500 N. Military Trail
Palm Beach Gardens, FI 33410
Re: Petition ZON/SP-04-01; Petition PCD/NOPC-04-02; Petition CP-04-04-
Frenchman’s yacht; Petition to Re-Zone from Commercial (C) to Residential High
(RH)
In compliance with Public Hearing dated March 5, 2005
Dear Sir:
I am a resident of Paradise Port and wish to make my objections know with regard to
the above re-zoning applications requested by Avatar Properties, Inc., to build a multi-
use residential, waterfront community located at the Southeast corner of Donald Ross
Road and Prosperity Farms Road.
First, as can plainly be seem from the surrounding neighborhoods a eye-sore such as
four (4) high-rised apartment buildings in this site would be not only be out of proportion
with the rest of the area but the highest building west of the Donald Ross Road bridge,
even the apartments in Abacoa are not as high as suggested in this plan, I believe as
many do that with buildings of this high much of our privacy that we now have in our
own backyards will be lost and in plain view from the apartment buildings.
Second, has the county, Avatar or their counsel taken into consideration the extra traffic
and people that will impact in this area? Has a traffic impact study been done?, and has
a study also been done to see what impact this will have on schools population, police
and fire services and trash and waste collections? I believe that with approximately 188
dwelling consisting of approximately two (2) persons per household, and two (2) cars
per family, not to mention children, an impact study, published to the public as to how
this project might affect an already overloaded and heavily trafficked area would be the
only sensible way to proceed.
Third, how this will impact our community under an evacuation order? As you are well
aware these dwelling will be located with in evacuation zone I, mandatory evacuation
. .I I
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for even minimal storms, where will all these new people go?, and will the extra cars
cause a problem during an evacuation?
Forth, how will all these new improvement be paid for, Avatar, Palm Beach Gardens
existing residents?, or the new residents of Avatar’s 188 dwellings. With increased
garbage collections, a new strain on fire, paramedic and police services, and changes
to roads and road maintenance, property taxes will have to be increased to pay for the
additional services.
Fifth, Environmental impact, have agencies such as the Department for Environmental
Protection (“DEP”), Department of Transportation (“DOT”), South Florida Water
Management District (“SFWMD”) or the Army Corps of Engineers (“ACOE”), studied the
impact of these building so close to the water and what impact it will have on the
marina, including water quality of surface, ground and aquifer waters in this area?,
including the boat and traffic problems and potential spillage of hazardous materials into
the water.
Sixth, Wildlife impact, has Avatar asked any agency to look into the impact on wildlife
and vegetation in the area. An increase in boat and vehicle traffic may cause additional
problems on manatee populations, fish species and many bird species such as ibis,
osprey, eagle and hawk.
It is time for the community to say enough is enough, if they really want to do something
for the community in our area let the county by the land and turn it into a park for the
children in our neighborhood who have nowhere to play accept in their own back yards.
Please advise if this letter will be taken into consideration or for it to be done so I have
to attend the meeting, if the latter is the case then maybe I can be permitted to address
these concerns at that time.
1 1 2095
APRIL 5, 2005
HONORABLE KAREN MARCUS
COUNTY COMMISSIONER
PO BOX 1989
WEST PALM BEACH, FL 33402
RE: PETITION ZON/SP 04 01
FRENCHMAN'S YACHT CLUB
DEAR COMMISSIONER MARCUS:
WHEN THE RESIDENTS OF PARADISE PORT, FRENCHMAN'S CREEK,
REQUESTED A REZONINO WITH MULTIFAMILY DWELLINGS RANGING
FROM SEVEN TO TEN STORIES M HEIGHT, WE WERE ALARMED AND
VERY CONCERNED.
COUNTY COMMISSIONER, KAREN MARCUS, SET UP A MEETMG WITH
REPRESENTATIVES OF AVATAR PROPERTIES, INC TO MEET WITH US ON
MARCH 5,2005, AT THE NORTH COUNTY COURTHOUSE TO PRESENT
THEIR PLANS AND LISTEN TO OUR CONCERNS. SHE REQUESTED THAT
WE INFORM YOU,IN WRITING OF THE NEIGHBORHOODCONSENSUS.
AND MILLER DR LEARNED THAT AVATAR PROPERTIES INC HAD
ONE: LIMIT MAXIMUM HEIGHT TO FORTY FEET INCLUDINO GARAGE.
TWO: INSTALL TRAFFIC LIGHTS WITH FRENCHMANS ENTRANCE MOVED
WEST TO ALIGN WITH THE tN"ERSECTI0N ON THE NORTH SIDE
.. OF DONALD ROSS ROAD.
THIRD: PROVIDE LANDSCAPING TO THIS AREA OF DONALD ROSS ROAD
TO WAIN THE BEAUTY AND DESIRABILITY OF PALM BEACH
aARgENSANDTHE NORTH ENDOF THE COUNTY, WE REQUEST TU - YOU NOTSBT APRECEDENT FOR HIGH RISES IN RE!HDENT€AL AREAS.
. -: 4 -
YOUR TRULY.
V WILLIAM J. AND HARRIETIE MCANALLY
5 1 6242421 uu
, Doud of County Commlaalonerr County Admlnlrtmtor
Tony Marllottl, Chalrman Robert Weisman
Addle L. Greene, Vice Chalrpemon
Wren T. Marcus
Jeff Koonr
mnrn H. Newell
Mary McCarty
burt Aaronson
Ccl
April 14, 2005
The Honorable Joe RUSSO, Mayor
10500 N. Military Trail
Ciw of Palm Beach Gardens
Attached for your review and Information, is a copy of a letter I recently
received from homeowners representing the communities of Paradise Port and
Miller Drive regarding the proposed Frenchman's Yacht Club project.
A month ago, I had arranged a meeting with the communities and the
developer so the nelghborhood could review his project. Needless to say, they had
several concerns; bulldlng height and density, trafflc issues and landscaping. I have
expressed the same concerns to the applicant as well.
I understand the Council may be discussing this project this month, and I hope
that the you will keep the communities concerns in mind. If you have any
questions, please don't hesitate to contact my office.
SI ce ly, v
oun Commissioner
Enclosure c w/enc: Charles Wu
"An Equal Opportunity Affirmative Action Employer"
kmarcus@pbcgov.com
P.O. Box 1989, West Palm Beach, FL 33402-1989 (561) 355-2201 FAX: (561) 355-6094
KJ3M CONSULTING LTD, 2050 La Porte Drive, Palm Beach Gardens, FL 33410
Since.
City of Palm Beach Gardens
Planning & Zoning Department
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Jely &.F
Petition Zon/SP 44-01; Petition PCD/NOPC-04-02; Petition CP-04-04-
Frenchman's Yacht Club
April 12,2005
Dear Sirs,
We strongly oppose Avatar's development and do appeal because:
In a distance of 150 feet we would be surrounded by buildings of 80 feet in height. This project could
be good for Ft. Lauderdale or Miami but not for our area which is dominated by 99 % of single
homes. We can't accept a new ,,little Manhatten" around.
!; .' - . I* t 9.
loss of quality of life
two or more years noise + dust
loss of value
loss of ability to sell the home
loss of privacy
loss of light, fiee view, daylight and fiesh air
increase of costs of security on the water. During the time of construction hundreds of contractors
will come and go.
16;s of.se,c&iiy ,'. , , ,
What we and our neighbows could accept would be houses with two stories built like terraces.
Probably that would mean a different cost calculation for Avatar but it would show consideration for
r homeowners and the whole area.
He% + Heidi G. Ibeniisch
(Ohiers of aM CONSULTING LTD)
JAY AND GAIL HIGGINS
2818 OLD CYPRESS NORTH
NORTH PALM BEACH, FLORIDA 33410
April 25,2005
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Opposition to the potential development on the southeast corner of
Prosperity Farms Road and Donald Ross Road - PETITION ZONBP -04-
FRENCHMAN’S YACHT CLUB
01; PETITION PCD/NOPC - 04-02; PETITION CP - 04-04 -
To Whom It May Concern:
Please accept this letter as representation of our opposition to the proposed land use and
zoning change in regards to PETITION ZON/SP -04-0 1 ; PETITION PCDiNOPC - 04-
02; PETITION CP - 04-04 - FRENCHMAN’S YACHT CLUB.
As residents of The Cove, we oppose the development of four (4) high-rise condominium
units so close to our property. We feel that the development would be looking right into
our back yards. Additionally, when we bought our property it was with the knowledge
that the subject property would be developed as a commercial parcel. The
comprehensive land use plan put in place by Palm Beach County and approved by the
State of Florida contemplated a commercial use for this site and we believe that the
developer complying with said land use and zoning restrictions would best serve the
public.
Unfortunately, we cannot attend the meeting, but wanted our opposition to the project
noted.
Respectfully, y$+-
y F. Higgins
v Gail J. Higgins
ITS
CITY OF PALM EACH GARDENS
APR 2 6 2005
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ORDINANCE 32,2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA REZONING A PARCEL OF LAND
CONSISTING OF 6.05 ACRES, LOCATED AT THE SOUTHEAST
CORNER OF DONALD ROSS ROAD AND PROSPERITY FARMS
ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN, FROM A
PLANNED DEVELOPMENT AREA (PDA) ZONING DESIGNATION
TO A PLANNED COMMUNITY DISTRICT (PCD) ZONING
DESIGNATION WITH AN UNDERLYING ZONING OF RESIDENTIAL
MEDIUM (RM); AMENDING THE ZONING DISTRICT MAP; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 15, 1988, the City Council adopted Ordinance 49,
1988 approving the annexation of the portion of the Frenchman’s Creek DRI located
south of Donald Ross Road, east of Alternate AIA, and west of the Intracoastal
Waterway consisting of approximately 644 dwelling units and a 133-boat slip marina on
approximately 776 acres into the City of Palm Beach Gardens; and
WHEREAS, the City has received a request by George Gentile, of Gentile,
Holloway, O’Mahoney & Associates, Inc., on behalf of Avatar Properties, Inc., for a
rezoning of a 6.05-acre parcel located at the southeast corner of Donald Ross Road
and Prosperity Farms Road from a Planned Development Area (PDA) zoning
designation to a Planned Community District (PCD) zoning designation with an
underlying zoning of Residential Medium (RM) in order to incorporate said parcel into
the boundaries of the Frenchman’s Creek PCD; and
WHEREAS, the subject site is currently zoned Planned Development Area (PDA)
and has a land-use designation of Commercial (C); and
WHEREAS, on , the City Council, in conjunction with this
application, considered Resolution 162, 2005, approving a Notice of Proposed Change
(NOPC) for the Frenchman’s Creek Development of Regional Impact (DRI) to allow a
Use Conversion Matrix within the DRI allowing for residential uses on the subject site;
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 held a public hearing on
August 23, 2005, and has recommended approval of the rezoning to the City Council
with a vote of 5-2; and
Date Prepared: September 22,2005
Ordinance 32, 2005
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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 Council has considered the evidence and testimony
presented by the Applicant 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 Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The 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 Planned Development Area (PDA) to a zoning
designation of Planned Community District (PCD) with an underlying zoning designation
of Residential Medium (RM):
LEGAL DESCRIPTION:
PARCELS OF LAND IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP
41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION; THENCE RUN WEST ON THE NORTH
LINE OF SAID NORTHWEST QUARTER 1383.09 FEET TO AN IRON PIPE MARKING
THE NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHWEST
QUARTER, WHICH POINT IS THE POINT OF BEGINNING; THENCE RUN SOUTH
PARALLEL TO THE EAST LINE OF SAID NORTHWEST QUARTER, 275 FEET TO AN
IRON PIPE; THENCE RUN EAST PARALLEL TO THE NORTH LINE OF SAID
SECTION, 150 FEET TO A POINT; THENCE RUN NORTH PARALLEL TO THE EAST
LINE OF THE NORTHWEST QUARTER OF SAID SECTION, 275 FEET TO A POINT;
THENCE RUN WEST ALONG THE NORTH LINE OF SAID SECTION, 150 FEET TO
THE POINT OF BEGINNING;
BEGINNING AT A POINT IN THE NORTH LINE OF SAID NORTHWEST QUARTER
OF SECTION 29 AT A DISTANCE OF 1383.09 FEET WEST OF, MEASURED ALONG
SAID LINE, THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 29; THENCE SOUTHERLY, PARALLEL TO THE EAST LINE OF SAID
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Date Prepared: September 22,2005
Ordinance 32, 2005
NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 472.5 FEET; THENCE
WESTERLY, PARALLEL TO THE NORTH LINE OF SAID NORTHWEST QUARTER
OF SECTION 29, A DISTANCE OF 184.3 FEET; THENCE NORTHERLY, PARALLEL
TO THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 29, A
DISTANCE OF 472.5 FEET TO A POINT IN THE NORTH LINE OF SAID
NORTHWEST QUARTER OF SECTION 29, THENCE EASTERLY ALONG THE
NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF
184.3 FEET TO THE POINT OF BEGINNING.
FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION
29, RUN WESTERLY ALONG THE NORTH LINE OF SAID SECTION 29, A DISTANCE
OF 857.52 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE RUN
SOUTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER,
A DISTANCE OF 472.50 FEET; THENCE RUN WESTERLY, PARALLEL WITH THE
NORTH LINE OF SAID SECTION 29, A DISTANCE OF 525.57 FEET; THENCE RUN
NORTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER,
A DISTANCE OF 197.50 FEET; THENCE RUN EASTERLY, PARALLEL WITH THE
NORTH LINE OF SAID SECTION 29, A DISTANCE OF 150.00 FEET; THENCE RUN
NORTHERLY, PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER,
A DISTANCE OF 275.00 FEET; THENCE RUN EASTERLY, ALONG THE NORTH
LINE OF SECTION 29, A DISTANCE OF 375.57 FEET TO THE ACTUAL POINT OF
BEGINNING;
LESS AND EXCEPTING THEREFROM ROAD RIGHT-OF-WAY OF DONALD ROSS
ROAD OVER THE NORTH 60 FEET OF SAID SECTION 29.
A PORTION OF THE SOUTHERLY 20.00 FEET OF THE NORTHERLY 60.00 FEET
OF THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE
43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER
OF SAID SECTION 29; THENCE SOUTH 01’52’43” WEST, ALONG THE EAST LINE
OF SAID NORTHWEST QUARTER (THE EAST LINE OF THE NORTHWEST
QUARTER IS ASSUMED TO BEAR SOUTH 01’52’43’’ WEST AND ALL OTHER
BEARING ARE RELATIVE THERETO) A DISTANCE OF 60.00 FEET TO THE SOUTH
LINE OF THE NORTH 60.00 FEET OF SAID NORTHWEST QUARTER, THENCE
NORTH 87’26’33” WEST PARALLEL WITH THE NORTH LINE OF SAID
NORTHWEST QUARTER, ALONG SAID SOUTH LINE OF THE NORTH 60.00 FEET,
A DISTANCE OF 369.86 FEET TO A POINT ON THE NORTHERLY BOUNDARY OF
THE PLAT OF FRENCHMAN’S CREEK MARINA (A P.U.D.) AS RECORDED IN PLAT
BOOK 67, PAGES 132 THROUGH 134, INCLUSIVE, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA; THENCE CONTINUE NORTH 87’26’33” WEST ALONG
SAID SOUTH LINE OF THE NORTH 60.00 FEET AND THE BOUNDARY OF SAID
MARINA PLAT, A DISTANCE OF 487.66 FEET TO THE POINT OF BEGINNING OF
THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID
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Date Prepared: September 22,2005
Ordinance 32. 2005
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SOUTH LINE OF THE NORTH 60.00 FEET AND THE WESTERLY EXTENSION OF
SAID NORTHERLY BOUNDARY, NORTH 87’26’33” WEST, A DISTANCE OF 710.37
FEET TO A POINT ON THE EASTERLY BOUNDARY OF THE PLAT OF
FRENCHMAN’S CREEK YACHT CLUB (A P.U.D.), AS RECORDED IN PLAT BOOK
67, PAGES 130 THROUGH 131, INCLUSIVE, PUBLIC RECORDS OF PALM BEACH
COUNTY, FLORIDA; THENCE DEPARTING SAID SOUTH LINE OF THE NORTH
60.00 FEET, NORTH 01 “52’43” EAST, ALONG THE NORTHERLY EXTENSION OF
THE YACHT CLUB BOUNDARY LINE, A DISTANCE OF 11.38 FEET TO THE
INTERSECTION WITH THE NORTHERLY EXTENSION OF THE EASTERLY RIGHT-
OF-WAY LINE OF PROSPERITY FARMS ROAD, AS RECORDED IN OFFICIAL
FLORIDA; THENCE NORTH 52’33’05” EAST, ALONG SAID RIGHT-OF-WAY LINE
RECORDS BOOK 3537, PAGE 989, PUBLIC RECORDS OF PALM BEACH COUNTY,
EXTENDED, A DISTANCE OF 13.42 FEET TO THE SOUTH LINE OF THE NORTH
40.00 FEET OF SAID NORTHWEST QUARTER; THENCE SOUTH 87’26’33” EAST
ALONG SAID SOUTH LINE OF THE NORTH 40.00 FEET, A DISTANCE OF 699.99
FEET TO THE NORTHERLY EXTENSION OF THE WESTERLY BOUNDARY LINE OF
SAID MARINA PLAT; THENCE, DEPARTING SAID SOUTH LINE OF THE NORTH
40.00 FEET, SOUTH OI”52’43” WEST, A DISTANCE OF 20.00 FEET TO THE SOUTH
LINE OF THE NORTH 60.00 FEET AND THE POINT OF BEGINNING.
CONTAINING 6.05 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 become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: September 22,2005
Ordinance 32, 2005
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PASSED this 205 day of 0c'TmgMc , 2005, upon first reading.
PASSED AND ADOPTED this day of ,2005, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Joseph R. Russo, Mayor
Eric Jablin, Vice Mayor
David Levy, Councilmember
Hal R. Valeche, Councilmember
Jody Barnett, Councilmember
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl EN CY
BY:
Christine P. Tatum, City Attorney
FOR AGAINST ABSENT
G:\attorney-share\ORDlNANCES\frenchmans yacht club-ord 32 2005.doc
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RESOLUTION 152,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
DONALD ROSS ROAD AND PROSPERITY FARMS ROAD, AS
MORE PARTICULARLY DESCRIBED HEREIN, TO ALLOW THE
DEVELOPMENT OF 113 MULTIFAMILY DWELLING UNITS AND
FOR USE BY THE MARINA TO BE REFERRED TO AS
“FRENCHMAN’S YACHT CLUB”; PROVIDING FOR WAIVERS;
PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING
AN EFFECTIVE DATE.
DEVELOPMENT PLAN FOR THE APPROXIMATELY 14.54-ACRE
9,990-SQUARE FEET OF ANCILLARY OFFlCElRETAlL SPACE
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 a request by George Gentile, of Gentile,
Holloway, O’Mahoney & Associates, Inc. and Greenberg Traurig, on behalf of Avatar
Properties, Inc., for master development plan approval to allow the development of 113
multifamily dwelling units and 9,990 square feet of internal officehetail space for use by
the marina to be called the “Frenchman’s Yacht Club”; and
WHEREAS, the subject site is contained within the Frenchman’s Creek Planned
Community Development (PCD) and has an underlying zoning designation of
Residential Medium (RM); and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and consistent with the City’s Comprehensive Plan
and Land Development Regulations, and has recommended its approval; and
WHEREAS, the Planning, Zoning, and Appeals Board reviewed said petition at
its August 23, 2005, meeting and recommended its approval by a vote of 5-2; and
WHEREAS, the City Council has considered the evidence and testimony
presented by the Applicant 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
Date Prepared: September 22, 2005
46 the best interest of the citiiens and residents of the City of Palm Beach Gardens.
Date Prepared: September 22, 2005
Resolution 152, 2005
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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. George Gentile, of
Gentile, Holloway, O'Mahoney & Associates, Inc. and Greenberg Traurig, on behalf of
the Applicant, Avatar Properties, Inc., is hereby APPROVED on the following described
real property, to permit the development of 113 multifamily dwelling units and 9,990-
square feet of internal officehetail space for use by the marina on 14.54 acres of land to
be referred to as "Frenchman's Yacht Club," generally located on the southeast corner
of Donald Ross Road and Prosperity Farms Road, subject to the conditions of approval
contained herein, which are in addition to the general requirements othetwise provided by
ordinance:
LEGAL DESCRIPTION:
PARCEL "B", BEING A PORTION OF TRACT "A", AS SHOWN ON THE PLAT OF
FRENCHMAN'S CREEK MARINA (A P.U.D.), RECORDED IN PLAT BOOK 67, PAGES
132 THROUGH 134, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND
A PORTION OF THE PLAT OF FRENCHMAN'S CREEK YACHT CLUB, A P.U.D., AS
RECORDED IN PLAT BOOK 67, PAGES 130 AND 131, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TRACT "A, AS SHOWN ON THE
PLAT OF SAID FRENCHMAN'S CREEK MARINA, A P.U.D.; THENCE SOUTH
19'54'45" EAST ALONG THE EAST LINE OF SAID TRACT "A, A DISTANCE OF
ROSS ROAD AS DESCRIBED IN OFFICIAL RECORD BOOK 9635, PAGE 429,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA AND THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE SOUTH
19'54'45" EAST CONTINUING ALONG THE EAST LINE OF SAID TRACT "A, A
DISTANCE OF 565.38 FEET; THENCE NORTH 89'27'49" WEST, A DISTANCE OF
259.11 FEET; THENCE NORTH 19'54'25" WEST, A DISTANCE OF 86.43 FEET;
THENCE NORTH 19'46'19" WEST, A DISTANCE OF 45.75 FEET; THENCE NORTH
19'33'24" WEST, A DISTANCE OF 35.26 FEET; THENCE NORTH 87'30'24" WEST, A
DISTANCE OF 156.81 FEET; THENCE NORTH 87'15'29" WEST, A DISTANCE OF
68.33 FEET; THENCE NORTH 87'31'57" WEST, A DISTANCE OF 79.27 FEET;
THENCE NORTH 87'25'30" WEST, A DISTANCE OF 416.1 1 FEET; THENCE NORTH
02'36'14" EAST, A DISTANCE OF 25.14 FEET; THENCE NORTH 87'25'30" WEST, A
DISTANCE OF 10.00 FEET; THENCE SOUTH 02'36'14" WEST, A DISTANCE OF
25.14 FEET; THENCE NORTH 87'25'30'' WEST, A DISTANCE OF 115.39 FEET;
THENCE SOUTH 17"49'09" WEST, A DISTANCE OF 50.16 FEET; THENCE SOUTH
23'55'05" WEST, A DISTANCE OF 36.31 FEET; THENCE SOUTH 31'35'05" WEST, A
DISTANCE OF 30.84 FEET TO A POINT OF CURVATURE OF A CURVE CONCAVE
124.12 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF DONALD
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Date Prepared: September 22,2005
Resolution 152, 2005
TO THE NORTHWEST, HAVING A RADIUS OF 38.52 FEET, A RADIAL BEARING OF
NORTH 46'37'17" WEST AND A CENTRAL ANGLE OF 70'07'59"; THENCE
SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 47.15
FEET; THENCE NORTH 64'51'51" WEST, A DISTANCE OF 17.65 FEET TO A POINT
OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF
38.14 FEET, A RADIAL BEARING OF SOUTH 36'01'38" WEST, AND A CENTRAL
ANGLE OF 80'17'39"; THENCE WESTERLY ALONG THE ARC OF SAID CURVE, A
DISTANCE OF 53.44 FEET TO A POINT OF A REVERSE CURVE, CONCAVE TO
THE NORTHWEST, HAVING A RADIUS OF 66.00 FEET, A RADIAL BEARING OF
NORTH 04'24'54" WEST AND A CENTRAL ANGLE OF 31'32'57"; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 36.34
FEET; THENCE SOUTH 86'53'16" WEST, A DISTANCE OF 26.74 FEET TO A POINT
DESCRIBED IN OFFICIAL RECORD BOOK 9568, PAGE 925, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA AND A POINT OF CURVATURE OF A CURVE
CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 635.00 FEET, A RADIAL
BEARING OF NORTH 56'02'10" EAST AND A CENTRAL ANGLE OF 46'30'33";
ARC OF SAID CURVE, A DISTANCE OF 515.45 FEET TO THE POINT OF
TANGENCY; THENCE NORTH 12'32'43" EAST, A DISTANCE OF 117.39 FEET;
THENCE NORTH 52'33'10" EAST, A DISTANCE OF 44.53 FEET TO A POINT ON
DESCRIBED IN OFFICIAL RECORD BOOK 9635, PAGE 429, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; SAID POINT LYING ON A CURVE CONCAVE TO
THE SOUTH, HAVING A RADIUS OF 3439.96 FEET, A RADIAL BEARING OF SOUTH
05'29'38" WEST, A CENTRAL ANGLE OF 06'47'56"; THENCE SOUTHEASTERLY
ALONG THE ARC OF SAID CURVE, A DISTANCE OF 408.20 FEET TO A POINT OF
REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH, HAVING A
RADIUS OF 3560.00 FEET AND A CENTRAL ANGLE OF 04'39'32"; THENCE
A DISTANCE OF 289.47 FEET TO A POINT ON THE WEST LINE OF SAID TRACT
LINE AND THE WEST LINE OF SAID TRACT "A, A DISTANCE OF 20.10 FEET TO A
RADIUS OF 3580.00 FEET, A RADIAL BEARING OF NORTH 07'36'11" EAST AND A
CENTRAL ANGLE OF 07'31'32"; THENCE EASTERLY ALONG SAID ARC AND
TANGENCY; THENCE SOUTH 89'55'21" EAST, A DISTANCE OF 64.14 FEET TO
THE POINT OF BEGINNING.
ON THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD AS
THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE
THE SOUTHERLY RIGHT-OF-WAY LINE OF DONALD ROSS ROAD, AS
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-WAY LINE,
"A; THENCE SOUTH 01 '52'43" WEST CONTINUING ALONG SAID RIGHT-OF-WAY
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A
RIGHT-OF-WAY LINE, A DISTANCE OF 470.22 FEET TO THE POINT OF
CONTAINING 14.54, ACRES MORE OR LESS.
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Date Prepared: September 22, 2005
Resolution 152, 2005
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SECTION 3. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the following six (6) waivers:
1.
2.
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4.
5.
6.
Section 78-231 (f)(l)a., Right-of-way and easements, to allow for a 127-fOOt-
wide parkway easement at its narrowest point along Donald Ross Road, as
shown on the approved site plan.
Section 78-345(d)( I), lncrease of parking spaces allowed, to allow for a total
of 461 parking spaces on site.
Section 78-141, Residential zoning district regulations, to allow for a 59’1 0”
maximum mean building height on site as reflected on the approved
elevations.
Section 78-344(l)( I), Minimum dimensions (of off-street parking), to allow for
242 parking spaces within the covered parking structure at nine (9) feet in
width and 36 parking spaces along the main drive at nine and one-half (9.5)
feet in width.
Section 78-285, Table 24, Permanent signs, to allow for two (2) residential
entry signs at the project’s main entrance.
Section 78-1 82, lllumination of uses and buildings, to allow for lighting levels
within the covered parking structure that are consistent with the lighting
standards for parking garages established by the Illuminating Engineering
Society of North America (IESNA).
SECTION 4. Said approval is subject to the following conditions, which shall be
the responsibility of the Applicant, its successors, or assigns:
Planning and Zoninq
1. All openings on site shall be hurricane impact-resistant. (Planning &
Zoning )
2. Signage shall be placed on the site that restricts vehicles, with the exception
of emergency vehicles, from using the paver access-way adjacent to the
marina. (Planning & Zoning)
3. Prior to the issuance of the first Certificate of Occupancy, the traffic signal at
the entrance to the subject site shall be installed and operational. The traffic
signal shall be installed on painted mast arms. (Planning & Zoning.)
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Date Prepared: September 22,2005
Resolution 152, 2005
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4. The signage for the ancillary retail and office uses shall be approved
administratively by staff prior to the issuance of a building permit for the
signage. The signs shall be blade signs positioned perpendicularly to the
building and shall be uniform in size and appearance. Should the proposed
blade signs not be satisfactory to the Growth Management Administrator
during the review of said administrative approval, the blade signs shall be
approved by the City Council by way of a Miscellaneous Petition. (Planning
& Zoning)
5. There shall be no striped awnings on site. (Planning & Zoning)
6. At the time of platting, the Applicant shall dedicate a IO’ x 30’ easement
along Donald Ross Road for a Palm Tran Bus Shelter. The easement shall
not be placed over a utility easement in order to allow the construction of a
bus shelter in the future. Within sixty (60) days of the approval of this
Resolution, the Applicant, its successors, or assigns shall submit an
application for an administrative amendment to allow for review and
approval of the site plan, landscape plan, and building elevations for the bus
shelter. The bus shelter design shall be consistent with the City Council’s
previous approval of such shelters. The bus shelter shall be constructed
prior to the issuance of the first Certificate of Occupancy on site, unless
another timeframe for completion is established in the administrative
approval. (Planning & Zoning)
7. The uses permitted within the retail/office portion of the site shall be limited
to uses that are ancillary to the marina and office uses that serve only the
residents of the subject site, subject to the discretion of the Growth
Management Administrator. Such uses include yacht sales, marina office,
condominium office, ship store, concession sales, food store, restaurant,
etc. If a restaurant is to be located on site, there shall be no commercial
signage advertising the restaurant along the adjacent roadways, and there
shall no be outdoor seating with wait service. Outdoor seating without wait
service that is ancillary to a food store or restaurant is permitted. (Planning
& Zoning)
Landscapinq
8. Prior to land alteration, the Applicant shall submit the Florida Power and
Light (FPL) and Seacoast Utility Authority (SUA) approved landscape plans
for review and approval by the City. Any changes to the landscape plan
subsequent to the project’s approval that are determined by the Growth
Management Administrator to have a substantial negative impact on the
project shall require the approval of the City Council. (City Forester)
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Date Prepared: September 22,2005
Resolution 152, 2005
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9.
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Within six (6) months of the issuance of a permit for land alteration, the
Applicant, successors, or assigns shall install the landscaping and irrigation
within the median and road shoulder of the portion of Donald Ross Road
from Prosperity Farms Road to the Intracoastal Waterway. (City Forester)
The Applicant, successors, or assigns shall be responsible for the
maintenance of the center island median and southern road shoulder on
Donald Ross Road from Prosperity Farms Road to the Intracoastal
Waterway. This condition may be amended at any time by a separate
agreement between the Applicant and the City of Palm Beach Gardens.
(City Forester)
The Applicant, successors, or assigns shall maintain the eastern road
shoulder of Prosperity Farms Road from Donald Ross Road to the marina.
In the event that an irrigation system does not exist within said road
shoulder, the Applicant shall install the irrigation system within six (6)
months of the issuance of a permit for land alteration. This condition may
be amended at any time by a separate agreement between the Applicant
and the City of Palm Beach Gardens. (City Forester)
All trees or palms designed for preservation or relocation that die as a result
of construction or relocation practices shall be replaced using the following
schedule: trees shall be replaced one (1) for one (1) with a Live Oak of at
least 18 feet in height at planting; palms shall be replaced with like-specie
one (1) for one (1) with a minimum height of 10 feet clear trunk at planting.
(City Forester)
Prior to the issuance of the first building permit, the Applicant shall remove
all landscape debris and trash from the east property line adjacent to the
mangrove preserve. (City Forester)
Prior to the first land alteration permit, the Applicant shall plat the property.
The plat shall include all existing and proposed easements. The plat shall
show, to the satisfaction of the City, (1) the maintenance easement
providing pedestrian and vehicular access to and from the Frenchman’s
Creek Preserve; (2) the existing mangrove wetland area; and (3) the
abandonment of the 30-foot-wide utility easement (O.R.B. 6258, PG 109)
and the 12-foot-wide access easement (O.R.B. 6779, PG 253; O.R.B. 6814,
PG 758; O.R.B. 6821 , PG 989) as shown on the plan. (City Forester)
Engineerinq
15. Prior to the issuance of the first Certificate of Occupancy, the Applicant shall
provide the City with a copy of the recorded easement vacation documents.
(City Engineer)
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Date Prepared: September 22,2005
Resolution 152, 2005
Prior to construction plan approval and issuance of the first land alteration
permit, a public access easement shall be granted for all public sidewalks
proposed within the property boundary. (City Engineer)
Prior to construction plan approval and issuance of the first land alteration
permit, the Applicant shall provide written authorization from the appropriate
utility companies (easement holders) allowing landscaping within their
respective existing and/or proposed easements. (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)
The Applicant shall furnish to the City copies of all complete permit
applications, certifications, and approvals for the project, to and from all
regulatory agencies. (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 for
construction activities, submission of a Notice of Intent to EPA or its
designee, implementation of the approved plans, inspection and
maintenance of controls during construction, and submission of a Notice of
Termination. (City Engineer)
Prior to construction plan approval and the issuance of the first land
alteration permit, Applicant shall provide 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, Applicant shall provide a cost estimate for the on-site
project improvements, not including public infrastructure, or landscaping and
irrigation costs for review and approval by the City. The cost estimate shall
be signed and sealed by an engineer registered in the state of Florida and
shall be posted with the City prior to the issuance of the first land alteration
permit. (City Engineer)
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Date Prepared: September 22,2005
Resolution 152, 2005
23. Prior to the issuance of the first land alteration permit, the Applicant shall
submit signed, sealed, and dated construction plans (paving, grading &
drainage, and water 81 sewer) and all pertinent calculations for review and
comment. (City Engineer)
24. Prior to the issuance of the first land alteration permit for vertical
construction, documents identifying the cross access and maintenance
agreement and restrictions as necessary 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 Engineer)
25. Prior to the issuance of the first permit for infrastructure improvements, the
Applicant shall provide documentation to the satisfaction of the City
Engineer that (1) the sanitary sewer facilities on site are flood-proofed to
prevent inflow and ensure that raw sewage does not leak from sanitary
sewer facilities during flood events; (2) construction techniques on site will
be consistent with the requirements of the Federal Emergency Management
Agency Flood Insurance Program; and (3) best management practices will
be used on site to prevent surface run-off from degrading the water quality
of Little Lake Worth or the Intracoastal Waterway. (City Engineer, Planning
& Zoning)
Police
26. All lighting on site shall be metal halide. (Police)
27. Landscaping, including long-term tree canopy growth, shall not conflict with
lighting. (Police)
28. The Applicant shall provide timer clock or photocell sensor engaged lighting
above or near entryways to residences and all pedestrian sidewalks.
(Police)
29. Pedestrian-scale lighting shall be used for all street and pedestrian
walkways. (Police)
30. The entry signs shall be lit at night. (Police)
31. Prior to the issuance of the first building permit, the Applicant shall provide a
street address system for emergency response purposes. Address system
depiction should be 8-1/2x11 map format. (Police)
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Date Prepared: September 22, 2005
Resolution 152, 2005
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The Applicant shall strategically place directories with arrow indicators for
building addresses at the ingress point at driver eyesight level mounted in a
permanent, stationary, and durable manner. These directories shall remain
unobstructed at all times from trees, shrubs, or anything that would obscure
the view thereof. (Police)
Building numbers and exterior numerical addresses shall be illuminated for
nighttime visibility, shall be a minimum of 12 inches in letter height, and shall
be placed in a conspicuous location. (Police)
Sales center, clubhouse, and recreational facilities should be pre-wired for
alarm center. (Police)
Access to recreation buildings and pools shall be restricted through the use
of key card or key. (Police)
Anti-lifting auxiliary locks shall be installed on sliding doors and windows.
(Police)
All exterior doors shall be equipped with security hinges. (Police)
Photocell lighting for nighttime use shall be provided above or near
entryways to residences. (Police)
Elevators shall be equipped with both telephone and alarm buttons
connected to resident manager and/or an outside central monitoring station.
(Police)
Storage rooms should have restricted access that requires a tenant or
owner key. (Police)
The ceiling within the covered parking structure shall be painted white to
increase brightness within the garage. (Police)
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)
Prior to the issuance of the first building permit for vertical construction, the
photometric plan for the interior of the covered parking structure shall be
approved by the City. The lighting with the parking garage shall comply with
the lighting standards for parking garages established by the Illuminating
Engineering Society of North America. (Police)
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Date Prepared: September 22,2005
Resolution 152, 2005
1 Miscellaneous
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3 44. Required digital files of the approved plat, civil design, and architectural
4 drawings shall be submitted to the Planning and Zoning Division prior to the
5 issuance of the first Certificate of Occupancy. (GIs Manager, Development
6 Compliance Officer)
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8 45. Prior to the issuance of the first Certificate of Occupancy, the master
9 condominium owners association documents and restrictions shall be
10 furnished by the Applicant to the City Attorney for review and approval prior
11 to such documents being recorded in the Public Records of Palm Beach
12 County. (City Attorney)
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46. There shall be no outdoor sound amplification on site. (Planning & Zoning)
SECTION 5. This Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
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Sheets SP-1 through SP-6: Site Plans and Details, prepared by Gentile,
Holloway, O’Mahoney & Associates, Inc., last revised on October 31, 2005,
and received and stamped by the City on November 2,2005.
Sheets LP-1 through LP-6: Landscape Plans, Specifications and Details,
prepared by Gentile, Holloway, O’Mahoney & Associates, Inc., last revised
on, October 31, 2005, and received and stamped by the City on November
2, 2005.
Sheets TP-I through TP-2: Tree Preservation Plan, prepared by Gentile,
Holloway, O’Mahoney & Associates, Inc., last revised on September 12,
2005, and received and stamped by the City on November 2,2005.
Sheets A-I through A-22: Elevations, Floor Plans, and Roof Plans, prepared
by ACI Architectural Group, Inc., dated August 5, 2005, and received and
stamped by the City on November 2,2005.
Sheets A-I .01 through A-2.01 : Pool Cabana Plans, prepared by Gentile,
Holloway, O’Mahoney & Associates, inc., last revised on September 12,
2005, and received and stamped by the City on September 12,2005.
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SECTION 6. This 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.
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Date Prepared: September 22,2005
Resolution 152, 2005
PASSED AND ADOPTED this day of , 2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
COUNCILMEMBER VALECHE
COUNCILMEMBER BARNETT
AYE NAY ABSENT
\\pbgsfile\Attorney\attorney_share\RESOLUTlONS\frenchmans yacht club - reso 152 2005-as amended before 2nd reading.doc
11
CITY OF PALM BEACH GARDENSCITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 26, 2005
Meeting Date: December 1,2005
Resolution 162, 2005
Su bject/Agenda Item:
Resolution 162, 2005: Notice of Proposed Change to the Frenchman's Creek
DRllPCD South
Public Hearing and Consideration for Approval: A request by George Gentile, agent, on
behalf of Frenchman's Marina Resort, Ltd, owner of the subject site, to amend Map H of
the Frenchman's Creek Development of Regional Impact (DRI) and the Master Plan of the
Planned Community Development (PCD) by changing the boundaries of the DRI/PCD to
include an approximately six-acre parcel, and incorporating a conversion matrix into the
development order of the DRI. The current land-use designation of the approximately six-
acre parcel is Commercial, which is located at the southeast corner of Donald Ross Road
and Prosperity Farms Road. The Frenchman's Creek DRVPCD is located at the southeast
corner of Alt. A-I-A and Donald Ross-Road.
[XI Reading of Ordinance 32, 2005 and Resolution 152, 2005
Recommendation to CONSIDER with formal action scheduled with the Second
/
Reviewed by: / * City Attorney
Finance NA
Human Res.-
Charles K. Wu, AlCP
Originating Dept.:
Growth Management:
Project T6
Manager
Tala1 M. Benothman,
AlCP
Advertised:
Date:
Paper:
[ ] Required
[X ] Not Required
Affected Parties:
[ ] Notified
[X ] Not Notified
FINANCE: NA
costs:
$ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Resolution 73-645
Resolution 53, 1992
Proposed Map H
Aria1 Map
TCRPC 8, DCA Letters
Date Prepared: September 26.2005
Meeting Date: December 1,2005 Resolution 162, 2005
EXECUTIVE SUMMARY
The applicant is requesting to amend Map H of the Frenchman’s Creek Development of
Regional Impact (DRI) and the Master Plan of the Planned Community Development
(PCD) by changing the boundaries of the DRVPCD to include an approximately six-acre
parcel, and incorporating a conversion matrix into the development order of the DRI. The
current land-use designation of the approximately six-acre parcel is Commercial, which is
located at the southeast corner of Donald Ross Road and Prosperity Farms Road. State
and regional review agencies have not raised any objection to the Notice of Proposed
Change (NOPC) to the DRI. Staff recommends approval of proposed NOPC.
BACKGROUND
The Frenchman’s Creek residential community was originally approved as a Planned Unit
Development (PUD) and a Development of Regional Impact (DRI) in 1973 when it was
located within unincorporated Palm Beach County. On December 15, 1988, the City
Council adopted Ordinance 49, 1988, which approved the annexation of the Frenchmank
Creek Planned Community Development (PCD) into the City of Palm Beach Gardens. This
annexation consisted of the southern half of the Frenchman’s Creek PCD/DRI, located
east of Alternate AIA and south of Donald Ross Road; whereas the northern portion of
Frenchmank Creek, located north of Donald Ross Road, was annexed into the Town of
Jupiter. The Frenchmank Creek DRVPCD south, located within the City, is comprised of
approximately 770.30 acres. Frenchman’s Creek DRVPCD south was approved for 3,350
dwelling units (according to the information provided by the applicant), but presently there
are only 644 units built within the DRl’s southern portion. It also includes two golf courses,
a clubhouse facility, a sales center, a turf maintenance facility, and a marina.
The Frenchman’s Creek DRllPCD south has been amended three times in addition to the
currently proposed NOPC. The most recently adopted NOPC, which was approved
through Resolution 144, 1996, allowed for adding a southerly emergency vehicle access to
and from the DRVPCD.
In connection with the subject petition, the applicant has submitted the following
development application to the City to allow the development, through the use of the
conversion matrix, of a 14.54-acre parcel of land located at the southeast corner of Donald
Ross Road and Prosperity Farms Road:
0 Petition ZON/SP-04-01: A request for a rezoning and master development plan
approval to allow the development of 11 3 multifamily dwelling units and 9,990 square
feet of internal officehetail space for use by the marina within four condominium
buildings ranging from four to five stories in height to be called the “Frenchman’s Yacht
Club.”
2
Date PwDared: SeDtember 26.2005
Meeting Date: December 1,2005
Resolution 162, 2005
From
RetailIOffice
RetailIOffice
ANALYSIS OF PROPOSED MODIFICATIONS
In tensity To Density
1,000 Square Feet Residential MF 22 Units*
1,000 Square Feet Residential SF 15 Units*
The applicant proposes to make the following modifications to the Master Plan of the PCD
and Map H of the Frenchman’s Creek DRVPCD south:
0 Incorporate an approximately 6-acre parcel into the DRIIPCD, which would expand the
acreage of the DRI from approximately 770.30 to 776.3 acres; and
0 Incorporate a conversion matrix (as reflected bellow) to allow the conversion of uses
without having to file for Notices of Proposed Change to regional and State agencies. The
intent of the including the matrix is to convert the commercial designation of the
approximately 6-acre parcel and the 8.50-acre upland portion of the existing marina to
residential medium (approximate total acreage affected by the proposed land-use change
is 14.5 acres). The applicant is seeking approval for up to 120 additional residential units
to the already existing 644 dwelling units on site. This will make the total number of
residential units to be 764 dwellings on site.
Land-Use Conversion Matrix Rates
Based on the number of units approved and proposed on the south portion of the
Frenchman’s Creek DRI , the proposed modifications do not create additional and unreviewed
impacts. Therefore, the proposed changes are not considered to be substantial deviations.
STATE AND REGIOANL AGENCY RESPONSES
The Florida Department of Community Affairs (DCA) has indicated in writing that the agency
has no issues with the proposed modifications to the Frenchman’s Creek DRI south. The
Treasure Coast Regional Planning Council has also issued a letter indicating that the
proposed modifications are not considered to be substantial deviations. Please see
attachments.
PLANNING, ZONING, AND APPEALS BOARD
On August 23, 2005, the Planning, Zoning, and Appeals Board reviewed the proposed
amendments to the Frenchman’s Creek DRI and recommended approval to the City Council with
a vote 7-0.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 162,2005 amending the Master Plan (Map H)
and Development Order of the Frenchman’s Creek DRI south.
3
b -e I
; WSOLUTION 53, 1992
"EXHIBIT "B" RESOLUTIZS NO. R-73- AS . 1.of 5
RESOLUTION UPROVING SZVELOPFIENT OF REGIONAL IFPXCT
WHEREAS, the Board of Caunty Commissioners, as :he
;overzing body, pursuant to th2 authority vested in ChaTter 163 an?
Zhapter 125, Florida Statutes, and Chapter 70-853, Laws of Florida,
SpecLal Acts of 1970, is authczized and empowered to cc-sider
petitLons relating to zoning; 2nd
WHEREAS, the Board of County Comigsioners, as the
goverxing body of the local goi-ernment having jurisdiction,
pursuant to Chapter 380.031 anC Chapcer 380.06, Florida Statutes,
is aEzhorized and empowered tc consider applications for develop-
ment approval of developments cf regional impact; and
..
WHEREAS, the notice ar.2 hearing requirements as provided
for 1: Chapter 402.5 of the P213 Beach County Zoning Code
Ordicance No. 73-2 and Chapter 380.06 (7) have been satlsfied; and
WHEREAS, Petition No. ;3-90 was presented to tke Board of
Count:.- Comissioners of Palm Eeach County at its public hearing
condczted on September 28, 1975.
NOW. TIIEREFORF, RE IT ?ZSOLVED BY THE BOARD OF COUNTY
COt-NISSIONERS OF PALM BEACH CCLYTY, FLORIDA, assembled in regular
sessizn this 27th day of Septezjer, 1973, that! Petition No. 73-
the pecition and application 05 .KARL A. KANDALL for development
appro-.,al of a development of regional impact of Section 19 and 30,
Township 41 South, Range 43 East, together with that'part of
Sectizn 31, Township 41 South, Range 43 East, describe2 as follows
Begicing at: a point in the west line of said Section 3;, which
said 2oint is 5330 feet north of the southwest corner of said
Section 31; thence easterly om mile more or less to the northeast
cornez of said Section 31 marked by an iron pipe; thence westerly
along the north 1ir.e o\f said Section 31, one mile more or less to
the northwest corner of Sectioz 31, marked by a concrete
rnonuxent established by H. C. iugate, Engineer, which said point i:
153.22 feet more or less north of the Point of Beginnins; thence
-.
v EXHIBIT "B"
2 of 5
v
res53. 92
;outhcrly along the west line of said Section 31 a distance of
153.22 Eeet more or less to the Point of Beginning; the tract of
Land hereby conveyed being all that part of Section 31, Township
$1 South, Range 43 East, lying north of a line the west end of
ahich is 5330 feet north of the southwest corner of said Section
and the casi er.5 UE which is an iron pipe marking the northeast
corner of said Section, AND THE FURTHER SPECIAL EXCEPTION TO
ALLOW A PLANNED UNIT DEVELOPNENT on Section 19 and 30, Township 41
South, Range 43 East, together with Section-30, Township 41 South, I
Range 43 East, also together with that part of Section 31,
Township 41 South, Range 43 East, described as follows:
Beginning at a point in the west line of Section 31, Township 41
South, Range 43 East, which said point is 5330 feet north of the
southwest corner of said Section 31; thence easterly one mile more '
I
I
I
I or less to the northeast corner of said Section 31 marked by an i 1
I
Point of Beginning; thence southerly along the west line of said i
i
I j
I
i
I I
iron pipe; thence westerly along the north line of said Section 31,
one mile more or less to rhe northwest corner of said Section 31,
marked by a concrete monment established by H. C. Fugate,
Engineer, which said point is 153.22 feet more or less north of the'
I Section 31 a distance of 153.22 feet more or less to the Point of
Beginning; the tract of land hereby conveyed being all that part of,
Section 31, Township 41 South, Range 43 East, lying north of a line
the west end of which is 5330 feet north of the southwest corner
of said Section and the east end of which is an iron pipe marking
the northeast corner of said Section; being the same land
described in Deed dated FeSrcary 10, 1959, from Ricker Alford,
and wife, Helen D. Alford, to N. B. Hunt, and recorded in Official
Record Eook 305, page 125, of the County Records of Palm Beach
County, Florida; also together with the northwest 114 of Section 29'
Township 41 South. Range 43 East, less the north 472.5 feet of the
%est 710.09 feet Of the cast 1567.89 feet of the northwest 1/4 of
isaid Section 29, and also less the south 680 feet of the east
11326.06 feet of
with that part of the north 950 feet of the northwest 1/4 of the
I I
' i
i
I
the northwest 1/4 of said Section 29, and together I I I
-2-
I!
EXHIBIT "B"
3 of 5 4 , res53.92 v
orzheast 1/4 of said Section 29, lying west of the Intracostal
laterway, less the north 50 feet thereof, all lying and being in
'alm Beach County, Fiorida, less rights of way of record. Said
lroperty located on the east side of Alternate A1.4 and on the nort
.nd south side oE Donald Ross Road, was approved as advertised
iubj ect to the following special c0nditior.s :
1.
shall not exceed 4.7 dwelling units per acre;
2. The developer shall construct at his expense four
lanes for Donald Ross Road, the reverse curve on
Prosperity Farms Road and shall install signalization
at the entrance roads on Donald Ross Road, Alternate
A1A and Prosperity Farms Road if engineering and
trafEic studies determine they are required;
The density proposed for the Planned Unit Development
3. A thirty (30) acre school site shall be dedicated
after a meeting with the School Plant Planning
Department to see if this acreage meets the school
system needs for a population projected for the
development;
4.
shown on the Master Plan by dedication and setbacks
from the natural tree ltne, including, specifically,
the eleven (11) acres abutting the intercoastal
waterway to be dedicated to the County for park
purpose or other recreational uses;
The developer shall reserve all preservation areas
5. The de-/eloper shall maintain rhe existing salt
water inrrrusion dam on the property and if engineering
studies show that it should be relocated at Prosperity
Farms Road, the developer shall bear the cost of the
relocation at his expense;
6. To alleviate fears that salt water intrusion will
penetrate existing wells of nearby home owners, the
-3-
EXHIBIT "B"
4 of 5 W -. i res53.92
developer shall extend approved water lines up and
dotin Prosperity Farms Road;
7.
of the wildlife existing on the site with the Game
and Fresh Water Fish Comission 2nd other appropriate
agencies ;
The developer shall coordinate the preservation
8. The developer shall obtain the proper State
permits for any dredging activity and marina
construction that are deemed necessary based upon
the approved master plan;
9. Prior to the submittal to the County, all phases
of the Planned UnLt Development will be coordinated
by Karl A. Randall in the event that other parties
undertake the development of specific parcels within
the Planned Unit Development.
BE IT FURTHER RESOLVED that a copy of this resolution
Development Order) shall be transmitted to the State Land Plannin,
gency and the owner or developer (petitioner).
The foregoing resolution was offered by Commissioner
doepuer
onmissioner: \,leave= , and upon.being put to a vote, che voce
as as follows:
, who moved its adoption. The motion was secondcd by -
.,
Lake Lytal - aye - aye E. 14. Weaver
Robert C. Johnson - aye
George V. k'arrcn - nye
Robert F. Culpepper- aye
T!ie Cheirman thereupon declared the resolution duly passed
ind adopted thi.23rd
if September 28, 1973.
day of Octob'er, 1973, confirming the action
J
June 30, 1992
July 2, 1992
RESOLUTION 53, 1992
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PAM BEACH GARDENS, FLORIDA, REPEALING
RESOLUTION 51, 1990, AND APPROVING A
DEVELOPUENT ORDER FOR THE FRENCHMAN'S CREEK
DEVELOPMENT OF REGIONAL IMPACT LOCATED WITHIN
THE CITY OF PALM BEACH GARDENS; AND,
PROVIDING FOR AN EFFECTIVE DATE .
WHEREAS, the City of Palm Beach Gardens, pursuant to the
authority vested in Chapters 163 and 166, Florida Statutes, is
authorized and empowered to consider petitions relating to
zoning; and
WHEREAS, the City of Palm Beach Gardens, pursuant to
Chapters 380.031 and 380.06, Florida Statutes, is authorized and
empowered to adopt Development Orders for developments of
regional impact; and
WHEREAS, the City Council has previously adopted Ordinance
49, 1988, pursuant to Chapter 171.44, Florida Statutes, annexing
all the real property within the Frenchman's Creek Development of
Regional Impact, which is described in Exhibit ''A'* attached
hereto; and
WHEREAS, Section 380.06(15)(9), Florida Statutes, provides
that if property which is a DRI is annexed by another local
jurisdiction, the annexing jurisdiction shall adopt a new
Development Order that incorporates all pravious rights and
obligations specified in the prior Development Order; and
WHEREAS, the lands described in Exhibit "A" attached were
annexed by the City of Palm Beach Gardens and previously
unincorporated lands in Palm Beach County and are part of the
Frenchman's Creek DRI, which was subject to a Development Order
of the Palm Beach County Board of County Commissioners; and
WHEREAS, this Development Order incorporates all previous
rights and obligations specified by Palm Beach County in its
Development order for the Frenchman's Creek DRI within the City's
jurisdictional boundaries.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
1 res53.92
CITY OF PALM BEACH GARDENS, FLORIDA:
Section 1. The City Council hereby repeals Resolution 51,
1990, which heretofore approved the DRI of Frenchman‘s Creek.
section 2, The City Council hereby ratifies and adopts
Resolution 645, 1973, of the Palm Beach County Commission
attached hereto as Exhibit nB1t, which approved the Development of
Lands comprising Frenchman’s Creek, described in Exhibit nAn
attached hereto, as a Development of Regional Impact; and all of
the terms, previous rights, obligations and conditions specified
in said Resolution 645, 1973, shall be and are the requirements
of this Development Order hereby adopted as if fully set out
herein.
This Resolution shall be effective upon date of
adoption.
INTRODUCED, PASSED AND ADOPTED THIS THE 2ND DAY OF JULY, 1992.
-
MAYOR MICHAEL MARTIN0
ATTEST:
~XA M. RIEF, DEP~Y CITY CLERK
MAYOR MARTINO -1L VICE MAYOR RUSSO
COUNCILMAN ALDRED
COUNCILWOMAN MONROE
COUNCILMAN KISELEWSKI -
2 res53.92
I
RESOLUTION 53, 1992
EXHIBIT "A"
1 of 3
'Parcel 1-29-1 A parcel of lalid lying in tho Northwest Quarte (NI zmction z$, Township 41 South, ltairge 43 East, Palm Ueacli County,
Florida, doscribed a8 follows:
Ucqinning at tho Southwest coriier of the Northwest Quarter (NIJ 1/41
of said Soction 29; tlience South B7*30*01* East along llio SouLIi
lino of said Northwest Quarter (NW l/4), a distance of 1326.57 fccL
Lo tho Southcast corner of tlic West llelf (W 1/21 of tlic NortlrwcsL
Quarter (NW l/4) of naid Section 29; thence North 01°53'21' East
parallel with the North-South Ouarter line of said Section 29 n
dislance of GOO feet lo a point; thence South 07m30'01" East, D
dirLance of 1326.06 foot to a point on the East llnc of &aid I4ort11-
wost Quartor (IN 1/4); thciice North 01.53'21' East, aloirg said 1:osL
lino, a disLanco of 2002.91 foot to the tlortli line of said ItorLlirrcot
Quartor (tW l/4); thence North 07°2G*31* West, olonv said Hortli litre,
a distance of ZG46.9G feet to the Northwest corner uf said NorLtiwcsL
Quartor (tM 1/4); thence South 0l059*4G' Wcst, along the West linc
of said Section 23 to Lhe Point of Deginning;
1,ESS the Right-of-way of Prcsperity Farms Road as dcscribccl in llic
Spccia.1 Warratrty Dcctl ~CCOI -.XI in (iff icial laccord Uuok 3537, 1'agc
0303-0990 Of Llro Public Recards of Palm Dcacli County, FlOridJ;
LESS the Right-of-Way of Prrspori ty Farms Road as dcscribcd ill
Official nccord Dook 145, IJJ~C 230, except Lhat portion Llicrcof
vacated by ncsolution 140. It-Ul-556, said llesolutioii is rocordcd in
Official nccord Uook 3537, Pages 0303-0906 of Llic PuIJlic ltccords of
Palm Ucacli CouirLy, Florida;
Parcel 1-29-2 A parccl of laird lying iir Llic Northcast Quortcr (NE 1/81)
of 6ccLion 29, Township 41 South, Ibnyc 43 East, L'aliii Ucacll CouiiLy,
Florida, described as follows:
EXHIBIT "A" 2 of 3 J res53.92
Deginning at tho Northwest corner of tlie Northeast Quarter (NE
1/4) of said Section 29; tliciice SouLIi 01.53'21" WcsL, aloiiy Lhc
West line of said NorLlieasL QuarCcr (NE 1/4), a dislancc of
950.37 feet; thence South 07°2G'55" East, along il line 950.31
fcet South of (as mcasurcd at right angles) and parallel with tlic
ltorlh line of said IJorllicnsL QuarLur (HE 1/4), to a poiiii on the
ktcst Riglit-of-Way line of Lltc IntracoasLal Waterway as oliown 011
llie plaC of the IHTMCOASTLL WA'I'EIIHAY, recorded in Plat Uook 17,
rage 7 of tlrc Public Imxrc;- of hlin Iicach Couirly, Florida;
Lhcnce North 15*40'40" NcsL. along said WesL Right-of-klily line,
J distance of 1001.21 feel LO a point on the NorLIi liiic of said
IlorClieast Quarter (NE 1/4) : thcncc North 07°2G' 55" Wcst, along
the ltorth line of said NorLlicasL QuarLer (NE 1/4), to Clic PoiiiL
of Dcyinning.
LESS che Right-of-Way of Donald ltorrs Road over tlic NorLIt
60 Feet thereof. I
?
Parcel 1-30-1 All of Section 30, Township 41 South, Ilancjc 43 East,
Palm Deach County, Florida1 INCLUDINC all of FRBNCIII4JiN'S CltCCK PLAT 110.
2 as recorded in Plat Uook 35, Pages 71-75 of the Public Itccords of l'aliii
Ueacli County, Florida; and all of FRENCIIMAUH'S CltECK 1'Lh'r NO. G as rccordcd
in Plat Dook 44, Pages 133-137 of tlte Public necor's of Pillill IIcaclr CounLy,
Florida.
LESS tlie Right-of-way of State Road 011 (A/K/A Allernate A-1-A) lying
Westerly of the East line of PARCEL NO. 103, title to which was vcsicd iii
the Stale of Florida Departlllent of TransportaLion by Final JutlgmcnL
recorded in Of.ficia1 Ilecords Dook 4155, I'agc OOG, Public Itccords of i)aliii Ueacli County, Florida; -
ALSO LESS the North GO fcet of SecLion 30 for tlic Riglit-of-Way for Doiwld Ib5s
Parcel 1-31-1 That portion of Section 31, Township 41 South, Raiicjc 43
Earl, Palm Deacli County, Florida, lyitiy North of a linc (siiid liiio bciiiy
lho South line of that certaill parcel of land identified as "Iiarccl *I&''
in Warranty Deed recorded in Official llccord Uook 305, Pogcs 121-124., Palm Deacli Coulity Records) which runs Proi~i llic I4orClieasL CO~IIL'L- of said
Soctlon 31 to a point on Llic East Right-of-way line of sLoic ttoad Altcr-
nato A-1-A as was laid out and in use on Noveisber 24, 1376, said poiiit being 153.37 feet South of (.?E measured al: riglit anglcs) tlic llortli liiic of sild Section 31 and lying East of the Easterly ~iglit-of-~ay line of
Stat0 noad 011 (A/K/A Alternate A-1-A) described in PARCEL NO. 103 iii Vinal Juclyinent recorded in OfLicial Itecord Dook 4155, Page UOG of LIIC
uLlic Rocords of Palm Dcacli County, Florida.
TOGETHER WITH:
EXHIBIT "A"
3of3 Y res53.92
A PARCEL OF LAND IN SECTION 31, TOWNSHIP 41 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOhS:
COMMENCE AT THE NORTHEAST CORNER OF SAID SECTION 311 THENCE
NORTH 88' 36' 42" WEST A DISTANCE OF 3666.71 FEET TO THE POINT OF
BEGlNNING OF THE HEREINAFTER OESCRISED PARCEL! THENCE
CONTINUE NORTH 88. 36' 42" WEST A DISTANCE OF 1545.00 FEET TO A
POINT ON THE EAST RIGHT-OF-WAY LINE OF STATE ROAO ALTERNATE A-1-A
(S.R. 811) AS RECORDED IN ROAD PLAT BOOK 2, PAGES 222 THROUGH 231,
INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; THENCE
SOUTH 1' 46' 02" WEST. ALONG SAID RIGHT-OF-WAY LINE. A OISTANCE
OF 25.00 FEET1 THENCE
SOUTH 88' 36@ 42" EAST A DISTANCE OF 1448.35 FEET: THENCE
NORTH 76' 54' 40" EAST A DISTANCE OF 100.00 FEET TO THE POINT OF
BEGINNING.
CONTAINING IN ALL 0.859 ACRES, MORE OR LESS.
BEARINGS BASED ON AN ASSUMED BEARING OF SOUTH 86. 57' 04" EAST
ALONG THE NORTH LINE OF THE NORTHEAST OUARTER OF SAID SECTION 31.
LESS AND EXCEPT:
PROPOSED HOOD ROAD WITHIN SECTION 30, AN0 A PORTION OF SECTION 31. TOWNSHIP
41 SOUTH. RANGE 43 EAST.
A PARCEL OF LAND FOR RDAO RIGHT-OF-MAY PURPOSES SITUATE WITHIN SECTlOh:
30 AN0 A PORTION OF SECTIOY 31. TOWNSHIP 41 SOUTH. RANGE 43 EAST.
FALM BEACH COUNTY. FLORIDA. hZ=E PARTICULARLY DESCRIBED AS FOLLCaI.
BEGIN AT.THE SOUTHEAST CORNER OF SAID SECTION 301 THENCE
NORTH 88 36' 41" WEST INTO SAID SECTION 31, A DISTANCE
OF 773.45 FEET TO A POINT ON A CURVE FROM wnicti THE RADIUS
POINT BEARS SOUTH 13. 08' 14" EAST A DISTANCE OF 2918.79
FEET) THENCE EASTERLY. ALONG THE ARC OF SAID.CURVE, A DISTANCE
OF 782.37 FEET THROUGH A CENTRAL ANGLE OF 15 21' 29" TO I
THE EAST LINE OF SECTION 30; THENCE SOUTH 01. 59' 49" WEST.
ALONG THE EAST LINE OF SAID SECTION 30. A DISTANCE OF 93.00
FEET TO THE POINT OF BEGINNING.
,
i
CONTAlNlNG 1.138 ACRES MORE OR LESS.
BEARINGS BASED ON AN ASSUMED BEARING OF SOUTH 01. 59' 49" WEST
ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 30.
b \c I
; SSOLUTION 53, 1992
'EXHIBIT "B" RESOLUT'LZN NO. R-73- 245 , 1.of 5
RESOLUTION UPROVING CEVELOPMENT OF REGIONAL ItCACT
WHEREAS, the Board of County Commissioners, as :ne
;over,ing body, pursuant to ths authority vested in Cha-,ter 163 an?
:hapter 125, Florida Statutes, and Chapter 70-853, Laws of Florida,
;pecLal Acts of 1970, is authcrized and empowered to cczsider
,etitLons relating to zoning; 2nd
WHEREAS, the Board of County Commissioners, as the
;overXing body of the local goi-ernment having jurisdictfon,
iursuant to Chapter 380.031 anC Chapcer 380.06. Florida Statutes,
is auzhorized and empowered tc consider applications for develop-
nent a?proval of developments cf regional impact; and
..
WHEREAS, the notice ar.t hearing requirements as provided
Eor 5: Chapter 402.5 of the Pzla Beach County Zoning Code
kdiriance No. 73-2 and Chapter 380.06 (7) have been satlsfied; and
WHEREAS, Petition No. 73-90 was presented to the Board of
County Commissioners of Palm Eeach County at its public hearing
condccted on September 28, 1973.
NOW, THEREFORE, RE IT FZSOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF PALPI BEACH CCLTTY, FLORIDA, assembled In regular
sessizn this 27th day of Septerjer, 1973, that! Petition No. 73-
the psrition and application oE.URL A. KANDALL for development
appro-..al of a development of regional impact of Section 19 and 30,
rownship 41 South, Range 43 East, together with that'part of
Secticn 31, Township 41 South, Range 43 East, described as follows
Beginzing at a point in the west line of said Section 31, which
said 2oint is 5330 feet north of the southwest corner of said
Section 31; thence easterly one mile more or less to the northeast
corner of said Section 31 inarked by an iron pipe; thence westerly
along the north 1ir.e of said Sectfon 31, one mile more or less to
the northwest corner of Sectior: 31, marked by a concrete
nonucent established by H. C. 'ugate, Engineer, which szid point is
153.22 feet more or less north of the Point of Beginnins; thence
Section 31 a distance of 153.22 feet more or less to the Point oE
Beginning; the tract of land hereby conveyed being all that part o
Section 31, Township 41 South, Range 43 East, lying north of a lin
the west end of which is 5330 feet north of the southwest corner
of said Section and the east end of which is an iron pipe marking
the northeast corner of said Section; being the same land
described in Deed dated February 10, 1959, from Ricker Alford,
and wife, Helen D. Alford, to N. B. Hunt, and recorded in Official
Record Book 305, page 125, of the County Records of Palm Beach
County, Florida; also together with the northwest 114 of Section 2
Township 41 Soueh. Range 43 East, less the north 472.5 feet of the
xest 710.69 feet of the enst 1567.09 feet of the northwest 1/4 of
#said Scction 29, and also less the south 680 feet of the east
‘1326.06 feet of the northwest 1/4 of said Section 29, and togethe
I
with that part of the north 950 feet of the northwest 114 Of the
-2-
v EXHIBIT “Be‘ v
2 of 5 res53. 92
joutherly along the west line of said Section 31 a distance oE
153.22 feet more or lcss to the Point of Beginning; the tract of
Land hereby conveyed being all that part of Section 31, Township
$1 South, Range 43 East, lying north of a line the west end of
hich is 5330 feet north of the southwest corner of said Section
2nd the easr er.d cif which is an iron pipe marking the northeast
Zorner of said Section, AND THE FURTHER SPECIAL EXCEPTION TO
&LOW A PLANNED UNIT DEVELOPPENT on Section 19 and 30, Township 41
South, Range 43 East, together with Section-30, Township 41 South,
Range 43 East, also together with that part of Section 31,
Township 41 South, Range 43 East, described as follows:
Beginning at a point in the west line of Section 31, Township 41
South, Range 43 East, which said point is 5330 feet north of the
southwest corner of said Section 31; thence easterly one mile more ;
or less to the northeast corner of said Section 31 marked by an I
iron pipe; thence westerly along the north line of said Section 31,
one mile more or less to rhe northwest corner of said Section 31,
marked by a concrete monument established by H. C. Fugate,
Engineer, which said point is 153.22 feet more or less north of the‘
Point of Beginning; thence southerly along the west line of said
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EXHIBIT "B"
3 of 5 4 . res53.92 u
orrheast 1/4 of said Section 29, lying west of the Intracostal
iaterway, less the north 50 feet thereof, all lying and being in
alm Beach County, Florida, less rights of way of record. Said
lroperty located on the east side of Alternate A1.4 and on the nort
.nd south side of Donald Ross Road, was approved as advertised
abject to the following special conditions:
1.
shall not exceed 4.7 dwelling units per acre;
2. The developer shall construct at hi5 expense four
lanes for Donald Ross Road, the reverse curve on
Prosperity Farms Road and shall install signalization
at the entrance roads on Donald Ross Road, Alternate
A1A and Prosperity Farus Road if engineering and
trafeic studies determine they are required;
The density proposed for the Planned Unit Development
3. A thirty (30) acre school sire shall be dedicated
after a meeting with the Schooi Plant Planning
Department to see if this acreage meets the school
system needs for a population projected for the
development;
4.
shown on the Master Plan by dedication and setbacks
from the natural tree line, including, specifically,
the eleven (11) acres abutting the intercoastal
waterway to be dedicated to the County for park
purpose or other recreational uses;
The developer shall reserve all preservation areas
5. The derreloper shall maintain rhe existing salt
water incrusion dam on the property and if engineering
studies show that it should be relocated at Prosperity
Farms Road, che developer shall bear the cost of the
relocation at his expense;
6. To alleviate fears that salt water intrusion will
penetrate existing wells of nearby home ovmers, the
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EXHIBIT "B"
4 of 5 W -. ! res53-92
developer shall extend qproved water lines up and
dovn Prosperity Farms Road;
7.
of the wildlife existing on the site with the Game
and Fresh Water Fish Conmission and other appropriate
agencies ;
The developer shall coordinate the preservation
8. The developer shall obtain the proper State
permits for any dredging activity and marina
construction that are deemed necessary based upon
the approved master plan;
9. Prior to the submittal to the County, all phases
of the Planned Unit Development will be coordinated
by Karl A. Kandall in the event that other parties
undertake the development of specific parcels within
the Planned Unit Development.
BE IT FURTHER RESOLVED that a copy of this resolution
:Development Order) shall be transmitted to the State Land Plannin;
Lgency and the owner or developer (petitioner).
The foregoing resolution was offered by Commissioner
:doepoer
:ormissioner Wezver , and upon,being put to a vote, che voce
,as as follows:
, who moved its adoption. The motion !?as seconded by -
.a
Lake Lytal - aye
E. W. Weaver - Rye Robert C. Johnson - aye George V. Warren - aye
Robert F. Culpepper- aye
T!ie Chcirman thereupon declared the resolution duly passed
day of October, 1973, confirming the actior nd adopted thi.23rd
f Septcmber 20, 1973.
IONERS
EXHIBIT "B"
5 of 5 L. res53.92
STATE OF FLORIDA )
( SS: " .
COW OF PALM BP&X )
I, JOHN B. DWKLE, Clerk of the Circuit Court of the Fifteenth
Judicial Circuit md ex-officio Clerk of the Board, of County Commissioners
of Palm Beach Counbj, Florida, do hereby certify that the above and fore-
going is a true and correct copy of a RESOLUTION APPROVING DEVELOPMENT OF
REGIONAL IMPACT, being hesolution Eo. R-73-645 adopted by the Board of
County Conmissioners in meeting held October 23, 1973, confining the
action of September 28, 1973, as same eppears of record in County Commis-
sioners Minutes No. 82 in this office.
I3 WITNESS WKEREOF, I have hereunto set qy hand and seal of said
Board this 29th day of October A.D. 1973.
I,
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(SEAL) .' ,
::\': ,
JOHN B. DUNKLE, Clerk
)?oar& of County Commissioners
7-
&zL.LudAr&
By Deputy Clerk
u -
C!TY OF PALM BEACH GARDENS
10500 N MlLlTARVTRAlL PALM E€AM GARDENS, FLORIDA 34104698
August 7, 1992
Ms. Sally Black
DRI Coordinator
Treasure Coast Regional
Plannine Council 3228 SW kartin Downs Road
Suite 205 P.O. Box 1529 Palm City, FL 34990
Dear Ms. Black:
Enclosed please find a certified copy of Resolution 53, 1992, repealing Resolution 51, 1990, and approving a Development Order for the Frenchman’s Creek Development of
Regional Impact located within the City of Palm Ekach Gardens.
Resolution 53, 1992 was approved by the City Council at their Regular Meeting of July
2, 1992.
Sincerely,
I E= M. Rief
Deputy City Clerk
Enclosure: As Stated
"A
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88/16/2885 13: 38 561-575-5268 GGG & ASSOCIATES PAGE 82
Sent Wednesday, December 01,2004 1:12 PM
To: George Gentile
Subject: Re: Notification of Proposed Change to the Frenchman's Creek Development of Regional Impact, Palm
Beach Gardens, Florida
Mr. Gentlle. Our recorda show that we did not have any issues with this NOPC. The Department doe6 not send
any separate confirmation of the NOPC, but relies on the one issued by the Regional Planning Council. If you
wlsh to receive specific confirmation, please let me know end the Department will send you e letter.
Roger Wlbum
Principal Planner
Division of Community Planning
850.922.1822
"George Gentile"
11/29/2004 01:48
cc
PM
Subject
NoUflcation of Proposed Change to
the Frenchman's Creek Development
of Regional Impact, Palm Beach
Gardens, Florida
file://C:\l)ocuments and Settings\georgeLocal Settings\Temporary Internet Files\OLK4Wr ... 811 6/2005
July 1,2005
Mr. Charles Wu, AICP
Growth Management Administrator
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Subject: Frenchman’s Creek Development of Regional Impact Notice of Proposed
Change - Revised May 26,2005
Dear Mr. Wu:
In accordance with the requirements of Section 380.06( 19), Florida Statutes, Council has
reviewed the “Notification of a Proposed Change (NOPC) to a Previously Approved
Development of Regional Impact (DRI)” for the Frenchman’s Creek DRI revised May
26,2005.
The proposed change is to add a 6.05-acre parcel to the project. The parcel currently has
a comprehensive plan land use designation of commercial from the City of Palm Beach
Gardens. As part of the NOPC, the applicant is requesting approval of a “use”
conversion matrix to allow the conversion of commercial intensities to residential units.
The proposed total number of residential units remains is below the levels permitted in
the DRI.
Council has reviewed the information provided by the applicant. It appears the proposed
changes will not create any additional or unreviewed regional impacts on regional
resources in the area. However, the Florida Department of Transportation (FDOT) has
several comments and considers the application to be insufficient. Council recommends
the applicant revise the NOPC application to address the comments raised by FDOT, and
provide FDOT an opportunity to complete their review prior to amending the
development order.
CITY OF PALM BEACH GARDENS
“Bringing Communities Together” EJWL y921805
SO1 East Ocean Boulevard - Suite 300 - Stuart, Fm&z@m&D&t
Phone (772) 221-4066 - SC 269-4060 - Fax (772) 221-4067 - E-mail - admin@tcrpc.oLg
!
Mr. Charles Wu, AICP
July 1,2005
Page Two
Please copy Council on all correspondence concerning this NOPC. If the development
order is amended, please transmit a certified copy of the adopted development order
amendment pursuant to this notice of proposed change.
Sincerely,
Michael J. Busha, AICP
Executive Director
MJB: lg
Attachment
cc: Roger Wilburn, DCA
Richard Post, DCA
David Kemp, Jupiter
Lorenzo Aghemo, PBC
Dan Weisberg, PBC
Randy Whitfield, PBC MPO
Gustavo Schmidt, FDOT
John Krane, FDOT
George Gentile, Gentile Holloway et a1
1 .. ,
.\ . .. ,
& . ...
JEB BUSB
GOVERNOR
Horidu Department of TrunsDortution
PLANNING AND ENVIRONMENTAL MANAGEMENT - DISTRICT 4 3400 West Cornmerciul Blvd., H. Louderdole, FL 33303.3421
Telephone (954) 777.4601 Fax (954) 777.4671
Toll Fnc Numkr; 1-886-336-8435
JOS& @mu
SECRETARY
June 29,2005
Mr. Michael J. Busha, AICP
ExecutivveDirector
'h.casura Coast R.e$onal Planning Council
301 East Ocean Boulevard, Suite 300
Stuart, Florida 34994
SUBJECT: Brenchman'o Creek Development of RegAonaI Impact (DW
City of PaJm Beach Garden+ Palm Beach County
NotWation of Proposed Change (NOPC) (Revbed)
In response to the letter &om Mr. George 0. Gentile of Gentile, Holloway, O'Mahoney & Assoc~ Inc. dated
May 26,2005, the Reptmmt has &wcd the revked NQPC for the Fmchman's Creek DRI thM was
submitted on hh 7,2005.
The Pmchman's CrtCIF RRI is located south of Ftederick Sd Road, east of Alternate A-1 -A and the Florida
E;bst Coast~Raizroad, wcst of Palmwood Road, and is divided by Donald Ross Rmd. The Frenchman's Cmk
Dm was orlghdiy approved on Wber 29, 1973 hr residential, golf course, institutionid, and retail uses
without a specified buildout dirtc.
The DRI consists of two dons, divided by Donald Rbss Road. The north section, horn as Frenchm's
Cmk North, consists of two Planned Unit Developments ilnduding tha Bear's Club PUD and the Rltz-
Carbon Golf Club & Spa PUD. It was annexed into the Town of Jupiter on May 5,1992 by Resolution 22-92.
Auwrdhg to Towu ufhpiter Resolution No. 1-98, a buadout date of December 3 1,2005 was established for
the Bear's Club PUD. In IResolu~ No. 18-01, the buildout date of both the RitzJhrlton Golf Club & Spa
PUI) aod the Bear's Club PUD were extended to December 3 1,2008. Thc south section was annexed into the
City of Palm Beach Osrdens on July 2,1992 by Resolutioa 53,1992. However, there is no record of a buildout
dak fw the south section of the DIU.
The proposed changes for this NOPC apply only to the south section of the DRT, which according to the
applicant, was approved for 3,648 dwelling units. In this NOPC, the applicant proposes the following changes
forthe south section:
1. Add an Ebdjacent 6.05 acre parcel of land, located at the southeast comer of Donald Ross Road and
Prosperity Fms Road, thus increasing its acreage from the original 770.34 acres to 776.39 acres.
2. Establish a conversion matrix between ofice/rehil use and residential use.
3. The 6.05 acre parcel will be combined with an 8.49 acre parcel for a total of 14-54 wes, The new
pam~wiUbeknownasparcCl$, mdisproposedto haveatotd of 120 multi-titnilydweWgu&,
based on a maximum deJIsiity of8.25 units per m.
6. The applioant has indimid in item number 7 of the NOPC application that copies of the adupted
resolutions and ordidances associated with the DRl have been enclosed. However, the NO^ package
provided to the Departmeat does not include any copies. Please provide the documents 50 that we may
complete our rwiew,
7. 'xhe applicant has indicated in item Number 10 of tbeNOPC appticatiOn that thc Ffellchmau's Cmk
DM does not have a buiklout date. "he Departnrcnt recornmendsthat a buildout dde be established, as
it was for the northern portion of the DRI. Allowing a DRI to have an indefjnite buildout date is
contrary to 380.021 F.S., 38O.O6(15Xc)2. F.S., and 9J-2.025{3#)11. F.A.C.
.. .
10 'd
. .. .. , ... ._.I..I . .., . . .
O€:€T SO, 6Z u*C
\
JEB BUSH
GOVERNOR
Florida Department of Transportation
PLANNING AND ENVlRONhlENTAL RlANACEhlENT - DISTRICT I
3400 West Cninlneicial Boulevaid, Foil Laudcrddle, Floiida 33309-342 I
Telephone (954) 7774601 Fax (054) 777-4671
Toll Flee Nunihcr I-866-336-R435
DENVER J. STUTLER, JR.
SECRETARY
July 22,2005
Mr. Michael J. Busha, AICP
Executive Director
Treasure Coast Regional Planding Council
301 East Ocean BouIevard, Suite 300
Stuart, Florida 34994
Dear Mr. Busha:
SUBJECT: Frenchman's Creek Development of Regional Impact @€U)
City of Palm Beach Gardens, Palm Beach County
Notification of Proposed Change (NOPC) - Response to Comments
The Department received a letter fiom A4r. George G. Gentile of Gentile, Holloway, O'Mahoney & AssociateS, Inc. dated Jdy
5,2005 addressing comments that were made by the Department (see FDOT letter dated June 29,2005) regarding an NOPC
for the Frenchman's Creek DRI that was submitted on March 7,2005.
Based on the information provided by the applicant in their letter and a subsequent phone conversation for clarification, the
Department has determined that the applicant has sufficiently addressed all of the Department's comments. Therefore, we
have no Mer objections to this NOPC. Please feel fiee to contact this office at (954) 777-4601 ifyou have any questions.
Sincerely,
District anning and Environmental Engineer sl
GS:cw/mm
cc:
Bob Romig - Director, 05ce of Policy Planning, FDOT
Gerry OReilly - Director of Transportation Development, FDOT
John Krane - Transportation Planning Engineer, FDOT
www.dot.state.fl.us
Prepared: September 26,2005
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RESOLUTION 162,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA AMENDING THE DEVELOPMENT ORDER OF THE
FRENCHMAN’S CREEK DEVELOPMENT OF REGIONAL IMPACT (DRI)
AND PLANNED COMMUNITY DEVELOPMENT (PCD); AMENDING THE
MASTER DEVELOPMENT PLAN TO ALLOW FOR THE
INCORPORATION OF A CONVERSION MATRIX TO PERMIT THE
CONVERSION OF COMMERCIAL TO RESIDENTIAL USES AND VICE
VERSA; ALLOWING THE DEVELOPMENT OF UP TO 120 ADDITIONAL
RESIDENTIAL UNITS; MODIFYING THE BOUNDARIES OF THE DRllPCD
DRllPCD AND LOCATED AT THE SOUTHEAST CORNER OF DONALD
ROSS ROAD AND PROSPERITY FARMS ROAD; AUTHORIZING THE
CITY CLERK TO TRANSMIT COPIES OF THIS RESOLUTION TO THE
FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE
COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY,
FRENCHMAN’S CREEK PROPERTY OWNER’S ASSOCIATION, INC.,
FRENCHMAN’S MARINA RESORT, LTD. AND AVATAR PROPERTIES,
INC.; AND PROVIDING AN EFFECTIVE DATE.
TO INCORPORATE A SIX-ACRE PARCEL ADJACENT TO THE SUBJECT
WHEREAS, on December 15, 1988, the City Council adopted Ordinance 49, 1988
approving the annexation of the portion of the Frenchman’s Creek DRI located south of
Donald Ross Road, east of Alternate AIA, and west of the Intracoastal Waterway, consisting
of approximately 644 dwelling units and a 133-boat-slip marina on approximately 776 acres
into the City of Palm Beach Gardens; and
WHEREAS, on July 2,1992, the City Council adopted Resolution 53,1992 approving a
development order for the Frenchman’s Creek Development of Regional Impact; and
WHEREAS, on September 19, 1996, the City Council adopted Resolution 144, 1996
approving the most recent Notice of Proposed Change to the Frenchman’s Creek
Development of Regional Impact; and
WHEREAS, the City Council has received an application from Frenchman’s Marina
Resort, Ltd. and Avatar Properties, Inc., for a Notice of Proposed Change to amend the
Master Plan and Development Order of the Frenchman’s Creek Development of Regional
Impact; and
WHEREAS, on August 23,2005, the Planning, Zoning, and Appeals Board reviewed
the subject application and recommended approval for the proposed amendments with a vote
of 7-0; and
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Date Prepared: September 26,2005
Resolution 162, 2005
WHEREAS, the City Council has reviewed and considered the requested application,
the proposed amendment to the Development Order, the proposed amendments to the
Master Plan, the recommendation of the Planning, Zoning, and Appeals Board, and such
other information and testimony presented to it with regard to this application; and
WHEREAS, the City Council has held a public hearing on this matter and makes the
following findings of fact and conclusions of law, based upon substantial, competent
evidence:
1. These proposed amendments and additions to the PCD, Development Order, and
Master Plan are consistent with the Comprehensive Plan of the State of Florida and
Chapter 380, Florida Statutes.
2. These proposed amendments to the Development Order and the Master Plan do
not constitute “substantial deviations” from the terms of the Development Order, as
provided in Section 380.06( 1 9), Florida Statutes, and therefore, this application
does not require further development of regional impact review.
3. The amendments and additions to the PCD, Development Order, and the Master
Plan are consistent with the Comprehensive Plan and the Land Development
Regulations 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. AMENDED PCD and DRI DEVELOPMENT ORDER.
All provisions of Resolution R-73-645 and Resolution 53, 1992, as amended by
subsequent resolutions, shall remain in full force and effect to the extent not expressly
modified herein.
SECTION 3. REVISED MASTER PLAN.
A. The revised Master Plan contained in the City’s Planning & Zoning Division files
and attached hereto as “Exhibit H - Frenchman’s Creek DRI,” and date stamped
June 22, 2005, is adopted as the official Master Plan for the Frenchman’s Creek
DRI.
B. The Master Plan is specifically revised to amend the boundaries of the
Frenchman’s Creek DRI to incorporate the six-acre parcel located at the
southeastern corner of Prosperity Farms Road and Donald Ross Road into the
DRI, and as particularly described below, permit the development of up to 120
additional residential units, and allow for the incorporation of a conversion matrix to
permit the conversion of commercial uses to residential uses and vice versa:
2
Date Prepared: September 26, 2005
Resolution 162,2005
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LEGAL DESCRIPTION:
PARCELS OF LAND IN THE NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41
SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIPE MARKING THE NORTHEAST CORNER OF THE
NORTHWEST QUARTER OF SAID SECTION; THENCE RUN WEST ON THE NORTH LINE
OF SAID NORTHWEST QUARTER 1383.09 FEET TO AN IRON PIPE MARKING THE
NORTHWEST CORNER OF THE EAST HALF OF SAID NORTHWEST QUARTER, WHICH
POINT IS THE POINT OF BEGINNING; THENCE RUN SOUTH PARALLEL TO THE EAST
LINE OF SAID NORTHWEST QUARTER, 275 FEET TO AN IRON PIPE; THENCE RUN
EAST PARALLEL TO THE NORTH LINE OF SAID SECTION, 150 FEET TO A POINT;
THENCE RUN NORTH PARALLEL TO THE EAST LINE OF THE NORTHWEST QUARTER
OF SAID SECTION, 275 FEET TO A POINT; THENCE RUN WEST ALONG THE NORTH
LINE OF SAID SECTION, 150 FEET TO THE POINT OF BEGINNING;
BEGINNING AT A POINT IN THE NORTH LINE OF SAID NORTHWEST QUARTER OF
SECTION 29 AT A DISTANCE OF 1383.09 FEET WEST OF, MEASURED ALONG SAID
LINE, THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF SECTION 29;
THENCE SOUTHERLY, PARALLEL TO THE EAST LINE OF SAID NORTHWEST
QUARTER OF SECTION 29, A DISTANCE OF 472.5 FEET; THENCE WESTERLY,
PARALLEL TO THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29, A
DISTANCE OF 184.3 FEET; THENCE NORTHERLY, PARALLEL TO THE EAST LINE OF
SAID NORTHWEST QUARTER OF SECTION 29, A DISTANCE OF 472.5 FEET TO A
POINT IN THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION 29, THENCE
EASTERLY ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF SECTION
29, A DISTANCE OF 184.3 FEET TO THE POINT OF BEGINNING.
FROM THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SECTION 29,
RUN WESTERLY ALONG THE NORTH LINE OF SAID SECTION 29, A DISTANCE OF
857.52 FEET TO THE ACTUAL POINT OF BEGINNING; THENCE RUN SOUTHERLY,
PARALLEL WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF
472.50 FEET; THENCE RUN WESTERLY, PARALLEL WITH THE NORTH LINE OF SAID
SECTION 29, A DISTANCE OF 525.57 FEET; THENCE RUN NORTHERLY, PARALLEL
WITH THE EAST LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 197.50 FEET;
THENCE RUN EASTERLY, PARALLEL WITH THE NORTH LINE OF SAID SECTION 29, A
DISTANCE OF 150.00 FEET; THENCE RUN NORTHERLY, PARALLEL WITH THE EAST
LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF 275.00 FEET; THENCE RUN
EASTERLY, ALONG THE NORTH LINE OF SECTION 29, A DISTANCE OF 375.57 FEET
TO THE ACTUAL POINT OF BEGINNING;
LESS AND EXCEPTING THEREFROM ROAD RIGHT-OF-WAY OF DONALD ROSS ROAD
OVER THE NORTH 60 FEET OF SAID SECTION 29.
A PORTION OF THE SOUTHERLY 20.00 FEET OF THE NORTHERLY 60.00 FEET OF THE
NORTHWEST QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST,
PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
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Date Prepared: September 26,2005
Resolution 162, 2005
COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF
SAID SECTION 29; THENCE SOUTH 01’52’43” WEST, ALONG THE EAST LINE OF SAID
NORTHWEST QUARTER (THE EAST LINE OF THE NORTHWEST QUARTER IS
ASSUMED TO BEAR SOUTH 01 ‘52’43” WEST AND ALL OTHER BEARING ARE RELATIVE
THERETO) A DISTANCE OF 60.00 FEET TO THE SOUTH LINE OF THE NORTH 60.00
FEET OF SAID NORTHWEST QUARTER, THENCE NORTH 87’26’33” WEST PARALLEL
WITH THE NORTH LINE OF SAID NORTHWEST QUARTER, ALONG SAID SOUTH LINE
OF THE NORTH 60.00 FEET, A DISTANCE OF 369.86 FEET TO A POINT ON THE
NORTHERLY BOUNDARY OF THE PLAT OF FRENCHMAN’S CREEK MARINA (A P.U.D.)
AS RECORDED IN PLAT BOOK 67, PAGES 132 THROUGH 134, INCLUSIVE, PUBLIC
RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE CONTINUE NORTH 87’26’33”
WEST ALONG SAID SOUTH LINE OF THE NORTH 60.00 FEETANDTHE BOUNDARY OF
SAID MARINA PLAT, A DISTANCE OF 487.66 FEET TO THE POINT OF BEGINNING OF
THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE ALONG SAID SOUTH
LINE OF THE NORTH 60.00 FEET AND THE WESTERLY EXTENSION OF SAID
NORTHERLY BOUNDARY, NORTH 87’26’33”WEST, A DISTANCE OF 710.37 FEETTO A
POINT ON THE EASTERLY BOUNDARY OF THE PLAT OF FRENCHMAN’S CREEK
YACHT CLUB (A P.U.D.), AS RECORDED IN PLAT BOOK 67, PAGES 130 THROUGH 131,
INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
DEPARTING SAID SOUTH LINE OF THE NORTH 60.00 FEET, NORTH 01’52’43” EAST,
ALONG THE NORTHERLY EXTENSION OF THE YACHT CLUB BOUNDARY LINE, A
DISTANCE OF 11.38 FEET TO THE INTERSECTION WITH THE NORTHERLY
AS RECORDED IN OFFICIAL RECORDS BOOK 3537, PAGE 989, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA; THENCE NORTH 52’33’05” EAST, ALONG SAID
THE NORTH 40.00 FEET OF SAID NORTHWEST QUARTER; THENCE SOUTH 87’26’33”
EAST ALONG SAID SOUTH LINE OF THE NORTH 40.00 FEET, A DISTANCE OF 699.99
FEET TO THE NORTHERLY EXTENSION OF THE WESTERLY BOUNDARY LINE OF SAID
MARINA PLAT; THENCE, DEPARTING SAID SOUTH LINE OF THE NORTH 40.00 FEET,
SOUTH 01’52’43” WEST, A DISTANCE OF 20.00 FEET TO THE SOUTH LINE OF THE
NORTH 60.00 FEET AND THE POINT OF BEGINNING.
EXTENSION OF THE EASTERLY RIGHT-OF-WAY LINE OF PROSPERITY FARMS ROAD,
RIGHT-OF-WAY LINE EXTENDED, A DISTANCE OF 13.42 FEET TO THE SOUTH LINE OF
CONTAINING 6.05 ACRES, MORE OR LESS
SECTION 4. TRANSMITTAL OF RESOLUTION.
The City Clerk shall immediately transmit certified copies of this Development Order by
certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional
Planning Council, Palm Beach County, the Frenchman’s Creek Property Owner’s Association,
Inc., the Frenchman’s Marina Resort, Ltd., and Avatar Properties, Inc.
SECTION 5. This Resolution shall become effective immediately upon adoption.
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Date Prepared: September 26,2005
Resolution 162, 2005
PASSED AND ADOPTED this day of , 2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
AYE NAY ABSENT -- VOTE:
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBER VALECHE ---
COUNCILMEMBER BARNETT ---
Ghttorney-share\RESOLUTIONS\frenchrnans creek nopc - reso 162 2005.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: November 2,2005
Meeting Date: December 1 , 2005
Resolution 169,2005
SubjectlAgenda Item: Replat of Lots 1 and 2, Block 17 Gables at Northlake Replat No.
1
[XI Recommendation to APPROVE
1 ] Recommendation to DENY
Reviewed by:
rtment
City Attorney
Submitted by:
c_ (->
Judy A. Taylor Dye
Assistant City Engineer
+$.L 724- I r+y
Approved by:
City Mander
Originating Dept.:
Engineering
<. C'.
Judy A. Taylor Dye
Assistant City Engineer
)y-,.y -f*:&=. r 1': 't
Advertised :
Date:
Paper:
[ X ] Not Required
Affected parties
[X ] Notified
[ ] Not required
Costs: $ NIA
(Total)
$ NIA
Current FY
Funding Source:
[ ] Operating
[X ] Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 169,2005
[ ]None
Page 2 of 2
Date Prepared: November 2,2005
Meeting Date: December 1,2005
Resolution 169,2005
STAFF RECOMMENDATION
The plat of Replat of Lots 1 and 2, Block 17 Gables at Northlake Replat No. 1 includes the
replatting of two lots, Lot 1A and Lot 2A, within Block 17 located north of Murano Circle within
the Gables at Northlake development.
Staff recommends approval of Resolution 169,2005.
C:\Documents and Settings\clevy\Local SettingATemporary Internet Files\OLK45F3\4088Azzt Agenda Cover.doc
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RESOLUTION 169,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE REPLAT OF LOTS 1
AND 2, BLOCK 17 GABLES AT NORTHLAKE REPLAT NO. 1; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Engineer has reviewed the Replat of Lots 1 and 2, Block 17
Gables at Northlake Replat No. 1; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City’s Land Development Regulations and Chapter 177,
Florida Statutes, and recommends approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of Replat of Lots 1 and 2, Block 17 Gables at Northlake Replat No. 1
consisting of one (1) sheet, prepared by Ewing and Shirley, Inc., attached hereto as Exhibit
“A. ”
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: November 2,2005
Date Prepared: November 2,2005
Resolution 169,2005
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PASSED AND ADOPTED this day of , 2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
COUNCILMEMBER LEVY ---
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
\\pbgsfile\AttorneyVattorney-share\RESOLUTIONS\PLAT - replat-gables at northlake - reso 169 2005.doc
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Date Prepared: November 2,2005
Resolution 169,2005
EXHIBIT A
MI. ** . d *..
'E
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 14,2005
Meeting Date: December 1,2005
Resolution 163,2005
SUBJECT/AGENDA ITEM
Resolution 163,2005: Art in Public Places - Mirasol Town Square
Consideration of Approval: A request by Lucy M.F. Keshavarz on behalf of Palm Beach
Acquisitions for approval of the Art in Public Places for Mirasol Town Square, which is located
within the Mirasol Planned Community Development (PCD). The approximately 12-acre site is
generally located at the northwest corner of PGA Boulevard and the Florida Turnpike.
[XI Recommendation to APPROVE
1 Recommendation to DENY
Reviewed by: 1
Planning Manager
Kara Irwin
City Attorn
Finance NIA
Development
Compliance N/A
Bahareh Keshavarz-Wolfs,
AICP
Growth
Admini
Charles K. Wu. AICP
Approved By:
Originating Dept.:
Growth Management:
Manager dlJ
Brad Wiseman
Senior Planner
[XI Quasi - Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
[ ] Required
[XI Not Required
Affected Parties:
3 Notified
[XI Not Required
FINANCE: N/A
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Other-
Budget Acct.#:
NIA
City Council:
[ 3 Approved
[ 3 App. w/ conditions
[ 3 Denied
[ 3 Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
0 Applicant's Narrative
0 Site Plan
Color Rendering
Images
Artist Resume
0 Public Art Budget
Resolution 163,2005
cu 1 tu re Group, Inc November 18,2005
City Council
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Resolution 163,2005 - AIPP for Mirasol Town Square
December 1,2005 City Council Meeting Agenda
Dear City Council Members; Mayor Russo, Vice Mayor Jablii Council Member
Levy, Comcil Member Valeche and Council Member Barnett:
On behalf of Palm Beach Acquisitions, LLC, developers of Mirasol Town Square
I quest a continuance be granted on the above listed Resolution until the
December 15,2005 City Council meeting. As you may recall, during the City
Council meeting of November 17,2005, the ResolutiOn was deferred to the
December 1,2005 meeting.
Upon review of my schedule I find that I will be unavailable on December 1,
2005. I have not yet been able to speak with the developer to discuss direction or
someone to present in my place. Placing this on the December 15* agenda will
allow us the time needed to detemme ' approPriatediffctionconcerningthebtonze
plaque. As the developer's agent in Art in Public Places matters, this will also
offer consistency for all parties involved.
OC: Patty Snider, City Clerk
Christine Tatum, City Attorney
Date Prepared: October 14,2005
Meeting Date: December I, 2005
Resolution 163,2005
EXECUTIVE SUMMARY
The subject request is for approval of the art in public places for Mirasol Town Square, which is
located within the Mirasol Planned Community Development (PCD). The proposed art consists
of a statue of Thomas Jefferson sitting on a bench writing the Declaration of Independence, three
additional sandstone benches, a flagpole, and plaque commemorating a local reserve unit. The
AIPP Advisory Board voted 6-1 to recommend approval of the proposed art on September 20,
2005. Staff recommends approval of Resolution 163,2005 with five conditions.
BACKGROUND
On October 15, 1998, the City Council adopted Ordinance 21, 1998, which approved the Mirasol
Planned Community Development (PCD). The Mirasol PCD is comprised of approximately
2,304 acres and was approved for 2,145 dwelling units, 105,000 square feet of professional
office use, 15,000 square feet of commercial use, three golf courses, a clubhouse facility, 10,000
square feet of community facility use, a 5,000 square-foot sales center, a City park, and a school.
On November 6,2003, the City Council approved the site plan for Mirasol Town Square through
the adoption of Resolution 194, 2003. Mirasol Town Square consists of seven buildings that
comprise 105,000 square feet of professional office and 15,000 square feet of general retail on a
12-acre site.
In accordance with Section 78-262 of the Land Development Regulations entitled Art in Public
Places, Fee Imposed on Development, all budgets for new construction of private and public
developments shall include one percent (1 %) of the total budget for vertical construction as a fee
for art in public places. The subject fee shall be used by the developer for the provision of
artwork on the project site, or the developer may choose to contribute one percent (1%) of the
total vertical construction costs directly to the City for the provision of art on public property.
Under the provisions of Section 78-261(a)( 1) of the City’s Land Development Regulations
entitled Deposit of Funds, prior to the issuance of a building permit on site, the petitioner has
placed $70,800 into an escrow account, which represents one percent (1 %) of the estimated total
cost of vertical construction on site (please see the attached project budget breakdown).
PROPOSED ART IN PUBLIC PLACES
The proposed Art in Public Places designed by George W. Lundeen is described below (please
see attached images and location maps):
Thomas Jefferson
The Thomas Jefferson bronze sculpture is a life-like statue that is approximately 54”H x 60”L x
39”W. Thomas Jefferson is sitting on a bench, in informal attire, using a feather pen to write a
rough draft of the Declaration of Independence. Several books are placed on his lap, which serve
as his writing surface. He is looking straight ahead appearing to be in deep thought, while his
work contains the verbiage for the beginning of our independence. At night, the sculpture will
be illuminated via down lighting from the centralized specimen oak tree.
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Date Prepared: October 14,2005
Meeting Date: December I, 2005
Resolution 163,2005
Four Benches
These four sandstone benches will provide a place for visitors to sit and ponder the early stages
of our great nation and gratitude for our local troops. The southeast bench provides a place for
the Thomas Jefferson sculpture to rest. Each bench is strategically placed under the centralized
oak tree to provide shade from the sun.
Dedication Plaque
The 2’ x 2’ dedication plaque is located east of the benches and Thomas Jefferson. The
dedication plaque states the following:
“Liberty Square is dedicated to the Fourth Anglico Marines and in honor of the men
and women of our country that answer the call to defend and “secure the Blessings
of Liberty to ourselves and our Posterity.” Followed by Article 1 of the
Constitution. The Declaration of Independence was the call to unite in the fight for
freedom; The Constitution of the United States is the means of maintaining
freedom. May we, the citizens of the United States of America, never cease to
serve Liberty!
Subsequent to this message are several repetitive cartoon-like pictorials of everyday people.
This plaque serves to correlate the importance of our local military personnel, the foundation for
our country, and each American’s duty.
Flag Pole
Immediately east of the dedication plaque, a 40-foot high flag pole is proposed, which will
display our nation’s flag, “Old Glory.” Following a battle for our independence in the War of
1812, “Old Glory” was hailed at Fort McHenry in Baltimore, Maryland, which inspired the
national anthem by Francis Scott Key. This flagpole, which will display the nation’s flag will
serve as a landmark for “Liberty Square” and will remind us of our independence that Thomas
Jefferson helped commence.
ARTIST
George W. Lundeen is a statue designer and creator of art works for a wide variety of
applications. Primarily oriented towards designing elements to enhance a sense of place,
Lundeen’s experience includes a statue named “Portrait of Elrey” at Denver International
Airport; and other portrait sculptures of people on benches such as Benjamin Franklin, a family
reading a book, and the “Niki Girl.” He has also designed Art in Public Places programs for
universities, municipalities, foundations, and corporations (please see attached artist resume).
ART IN PUBLIC PLACES ADVISORY BOARD
The Art in Public Places (AIPP) Advisory Board reviewed the subject petition on September 20,
2005. The AIPP Advisory Board praised the proposed art, welcomed its presence in Mirasol, and
voted 6-1 to recommend approval to the City Council. Included in the Board’s recommendation,
was a condition of approval requiring the applicant to receive the AIPP Advisory Board’s
approval of the plaque’s final design prior to installation. The Board agreed with staffs concern
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Date Prepared: October 14,2005
Meeting Date: December I, 2005
Resolution 163,2005
that the cartoon-like pictures of the people on the plaque were overdone and detracted from the
messages. The applicant stated that the pictorials were clip-art and were not representative of the
final design. The dissenting vote, Ms. Myra Davis, stated that the Thomas Jefferson statue is too
cold for Mirasol, was more fitting of being outside of a government building, and that Benjamin
Franklin would have been a better selection.
STAFF CONCERNS
Staff has the following concedissue with respect to the proposed Art in Public Places:
1. It is staffs opinion that the proposed cartoon-like pictures of people on the plaque create
unnecessary clutter, detract from the dedication and messages, are too repetitive, and
substandard. Staff recommends removing these pictorials from the plaque.
Staff has included a condition of approval in the attached resolution, which requires the
applicant to receive the AIPP Board’s approval of the plaque’s final design prior to
installation.
CITY COUNCIL
The City Council reviewed Resolution 163, 2005, and voted to continue the item to the
December 1,2005, meeting. However, the applicant is requesting a continuance to the December
15, 2005, meeting (Please see attached applicant letter dated 11/18/05). Included in City
Council’s motion was a request that the applicant revise the plaque to reference the Declaration
of Independence in-lieu of the Constitution, which is consistent with Thomas Jefferson.
STAFF RECOMMENDATION
The petitioner has satisfied the requirements established in the City’s LDRs relating to the
provision of Art in Public Places. Staff recommends approval of Resolution 163, 2005 with the
conditions provided therein.
4
.
August 30,2005
AIPP ADVISORY BOARD
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Re: Mirasol Town Square
Promsed Art in Public Places
Aembers:
On behalf of Palm Beach Acquisitions, LLC, it is my pleasure to submit the
following information for your review and request a positive final
recommendation to the City Council of Palm Beach Gardens for the proposed
public art for Mirasol Town Square. Mirasol Town Square is located on 12 acres
within the Mirasol Community on the East side of Jog Road close to the
intersection of PGA Blvd. and Florida Turnpike. The required art fee of
$70,800.00 was escrowed in the spring of 2004 prior to the issuance of the first
art &cultural
programming
design and
consulting
building permit.
It has been previously agreed that the aipp should be placed within the plaza in
front of (west side) of building “D.” As was discussed at the aipp advisory board
meeting in June the developer desires a patriotic theme and wished to include
several ideas in the public art concept thus the title of “Liberty Square” at Mirasol
Town Square was chosen to tie these ideas together: - encourage public interaction & thought - reference Declaration of Independence - reference Constitution of the United States - Dedication to local reserve unit - Reference “Mirasol”
After review of many artists’ work, the sculpture “Thomas Jefferson” by sculptor
George Lundeen was chosen and a plaza design, including amenities;
landscaping; hardscape and lighting, was created to reach the public art concept
and goals listed above. As you will see by the enclosed materials the plaza is at
the center of this large commercial center. The design is at an inviting human
Scale that leads to the art which is both surprising and thought provoking.
Please find the following information enclosed for review in this amroval
process:
66 St. James Drive Mirasol Town Square Location
Site Plan - Center Section of Mirasol Town Square 4 Palm Bcach Gardens
Florida 33418
Phondk (561) 622-9892 Site Plan of plaza area
2
0 Color Rendering of Landscape Plan for plaza area indicating location of
four benches, “Thomas Jefferson” sculpture, dedication plaque, lighting
and flagpole
Images of the ‘‘Thomas Jefferson” sculpture
Artist’sResume
Dedication plaque text & conceptual graphics
0 Public art budpt information
I look forward to meeting with the members of AIPP Advisory Board to fully
review this request and answer any questions you may have.
ucy M. f. Keshavarz
Consultant to Palm Beach Acquisitions, LLC
Enclosures
Mirasol Town Square
Project Location: 12 acres located within the Mirasol Community on the East
side of Jog Road close to the intersection of PGA Blvd. and Florida Turnpike.
Location Map
I Hood Road
P.C.A. Blvd YJJ
".__I_ --
I 4
Mimso/ Town Square
0 D x
--f
m rn
CUI XJC mm
Thomas Jefferson by
George W. Lundeen
“Thomas Jefferson”
54” H x 60” L x 39” W Life Size
Bronze Edition of 36
Roughj draft of Declaration of Independence
1-d
A
I
Georqe W. Lundeen
338 E. 4 Street
Loveland, Colorado 80537
fax (970) 669-9493
www . I u ndeen scu I pt u re. co m
(970) 669-7 1 76
Biography
A native of Holdrege, Nebraska, Lundeen was a Fulbright-Hayes Scholar studying at the
Academia de Belle Arte in Florence, Italy. He holds a masters in Fine Arts from the University
of Illinois and a bachelor of arts from Hastings College in Nebraska.
George Lundeen established his sculpting studio in Loveland, Colorado in the mid-1 970s
where he currently lives and works.
He has been commissioned to sculpt portraits and interpretive works alike for universities,
municipalities, foundations, and corporations. Mr. Lundeen is a member of the National
Academy of Design and the National Sculpture Society.
AWARDS AND HONORS
UNIVERSITY OF NEBRASKA
1999 Honorary Doctorate of Humade Letters
STATE OF NEBRASKA
1995 "Distinguished Nebraskan" by proclamation of the Governor of Nebraska
LEGISLATURE OF NEBRASKA AND THE NEBRASKA LAND FOUNDATION
1995 Pioneer Award
NATIONAL SCULPTURE SOCIETY
1983 National Sculpture Society's Prizewinner Exhibition, Bronze Medal: "Depature"
1982 National Sculpture Silver Medal: "OM Friends"
1981 National Sculpture Bronze Medal: "Departure"
NATIONAL ACADEMY OF AMERICA
1982 Elizabeth N. Watrous Gold Medal: "Michelle"
ALLIED ARTISTS OF AMERICA
1991 Associate Members Award: "Joy of Music-Bass Player''
1990 Helen Gapen Oehler Memorial Award: "Hearts on a Swing"
1987 Allied Artists Members & Associates Award: "Ben Franklin"
1981 Pietro and Atfrieda Montana Memorial Award: "Michelle"
CHINA EXHIBITION AGENCY
1981 Special Citation from the China Exhibition Agency, Beijing (Peking), China
NORTH AMERICAN SCULPTURE EXHIBITION
1986 John Cavenaugh Memorial Award: "Flatlander"
1983 Art Castings of Colorado Award: "Lovers"
1981 Rocky Mountain Sculpture Award: "Last Laugh"
1980 North American Sculpture Award (Best of Show): "I1 Barbone"
1979 North American Sculpture Award (Best of Show): "Departure"
AMERICAN INDIAN AND COWBOY ARTIST WESTERN ARTS U(HIBITI0N
1982 Artist of the West
EDUCATION
1973-1 974 Fulbright-Hayes Scholar: Post graduate work at the Academia de Belle
Arte in Florence, Italy
1971-1 973 Master of Fine Arts, University of Illinois, Urbana, Illinois
1966-1971 Bachelor of Arts, Hastings College, Hastings, Nebraska
TEXAS A&M UNIVERSITY
1978-1 979 Texas A&M Artist in Residence
ASSOCIATION MEMBERSHIP
Allied Artists of America
National Sculpture Society; Fellow
National Academy of Design
COMMISSIONS
2001 "End of an Era" commissioned for the Colorado Springs Pioneers Museum, Colorado
2001 "Man Sandoz" commissioned for Chadron State College, Chadron, Nebraska
2000 "Holly Coors" commissioned for the Air Force Academy, Colorado Springs, Colorado
1999 Portrait busts of former Nebraska state senators, Jerome Warner, and his father
1997 "Jack Swigert" commissioned for Statuary Hall, the Capitol Building, Washington DC
1997 "Portrait of Nathan Gold for the Nebraska State Capitol Building, Lincoln, Nebraska
1996 "Dolphins" commissioned for the Marketplace Mall, Westminster, Colorado
1996 "Robert Frost" commissioned by Dartmouth College, Hanover, New Hampshire
1995 "Mary Lanning" commissioned for the Mary Lanning Hospital, Hastings, Nebraska
1994 "Portrait of Dwight Griswold" for Nebraska State Capitol Building, Lincoln, Nebraska
1993 "George W. Hopper" commissioned for the University of Wyoming Law Library,
1993 "Cliff Hillegass" (Cliffs Notes) commissioned for Cliff Hillegass Sculpture Garden at the
1993 "George W. Norris" commissioned by Nebraska Rural Electric Association for the
1993 1 1/2 lifesize portrait of pioneer aviator, Elrey B. Jeppesen, for the Jeppesen Terminal
1992 "Branch Rickey" Baseball Man of the Year" Award, Inaugural year presented to Dan
1992 "Portrait of Art Thompson" for Nebraska State Capitol Building, Lincoln, Nebraska
1992 "Players" for the University of Nebraska, Lincoln, Nebraska
1990 Lifesize "Runner" and Couple on Bench" for NlKE Inc., Corporate Headquarters,
1989 "Joy of Music" commissioned for the Civic Center of Loveland, Colorado
1988 "Gene Sarazen" commissioned for the Atlanta National Golf Club
1987 "Ben Franklin" commissioned for the Universrty of Pennsylvania
1986 "Gilbert Hitchcock" commissioned by the Nebraska Historical Foundation
1983 "Promise of the Prairie" (1 0' tall) bronze of prairie family for Holdrege, Nebraska
Charles Warner for the Nebraska Capitol in Lincoln
Laramie, Wyoming
Museum of Nebraska Art, University of Nebraska at Keamey
National Cooperative Headquarters, Dallas, Texas
Building of the new Denver International Airport, Denver, Colorado
Winfield
Beaverton, Oregon
Liberty Square
At
Mirasol Town Square
"Liberty Square" is dedicated to the Fourth Anglico Marines and in honor of the men &
women of our country that answer the call to defend and "secure the Blessings of
Liberty to ourselves and our Posterity."
The Declaration of Independence was the call to unite in the fight for freedom;
The Constitution of the United States is the means of maintaining freedom.
May we, the citizens of the United States of America, never cease to serve Liberty!
.
Final Recommendation Request - AlPP Mirasol Town Square
Budget Information 20-sep-05
Mirasol Town Square AIPP Budpet - $70,800.00
Costs of proposed AlPP
Shipping $2,000
Installation $2,000
Bronze Plaque (text composition, design, proofs, casting & shipping) $3,500
Landscaping (large live oak tree) $5,000
Lighting $8,000
Flag Pole & United States Flag $3,100
Thomas Jefferson sculpture and four sand stone benches (price good till 12-31-05) $45,000
Artist has increased price on sculpture & single bench to $65,000.
-
A& Consulting F= $10,620
Total $79,220
~~ ~
Date Prepared: September 30,2005
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RESOLUTION 163,2005
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE ART IN PUBLIC
PLACES FOR MIRASOL TOWN SQUARE, WHICH IS WITHIN THE
MIRASOL PLANNED COMMUNITY DEVELOPMENT (PCD) LOCATED
ON THE NORTHWEST CORNER OF THE INTERSECTION OF PGA
BOULEVARD AND THE FLORIDA TURNPIKE, AS MORE
PARTICULARLY DESCRIBED HERE1 N ; PROW Dl NG FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on October 15, 1998, the City Council adopted Ordinance 21, 1998
thereby establishing the Mirasol Planned Community Development (PCD), which is located
at the northwest corner of the intersection of PGA Boulevard and the Florida Turnpike,
consisting of 2,145 dwelling units, 105,000 square feet of office space, 15,000 square feet
of retail, three golf courses, 10,000 square feet of community facility use, a 5,000-square-
foot sales center, a City park, and a school; and
WHEREAS, on November 6,2003, the City Council adopted Resolution 194,2003,
thereby approving the site plan for Mirasol Town Square consisting of 105,000 square feet
of office space and 15,000 square feet of retail space, on approximately 12 acres of land
located at the northwest corner of the intersection of PGA Boulevard and the Florida
Turnpike; and
WHEREAS, Ms. Lucy M.F. Keshavarz, on behalf of Palm Beach Acquisitions LLC,
has submitted a petition (AlPP-05-07-000001) with the City’s Growth Management
Department requesting approval of the proposed Art in Public Places for Mirasol Town
Square; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on September 20, 2005, the Art in Public Places Advisory Board
reviewed said application and recommended its approval to the City Council; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
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.
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Date Prepared: September 30,2005
Resolution 163, 2005
SECTION 2. The City Council hereby approves the proposed Art in Public Places
for Mirasol Town Square located on the following described real property:
LEGAL DESCRIPTION:
A PARCEL OF LAND SITUATE IN SECTION 3, TOWNSHIP 42 SOUTH, RANGE 42
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
TRACTS H, MIRASOL PLAT ONE, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 89, PAGES 14 THROUGH 23, INCLUSIVE, OF THE
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA.
AREA OF TRACT H: 523,164.31 SQUARE FEET, 12.01 ACRES, MORE OR LESS.
SECTION 3. Said approval shall be consistent with plans and documents filed with
the City’s Growth Management Department as follows:
1.
2.
3.
Thomas Jefferson details, prepared by George Lundeen, received and stamped
by the City on August 30,2005.
Liberty Square plaque details, prepared by Lucy M.F. Keshavarz, received and
stamped by the City on August 30, 2005.
Liberty Square site plan and landscape plan, prepared by Cotleur & Hearing,
received and stamped by the City on August 30, 2005.
SECTION 4. Said art approval shall comply with the following conditions, which shall
be binding upon the Applicant, its successors, assigns, and/or grantees:
1.
2.
3.
4.
5.
The Art in Public Places shall be installed prior to May 1, 2006. (Planning &
Zo n i ng )
The Applicant shall be responsible for maintenance of the works of art.
(Planning & Zoning)
The Applicant shall submit digital photographs of the installed artwork within
sixty (60) days of installation. (Planning & Zoning)
Prior to installation of the plaque, the Applicant shall receive approval of the
plaque’s final design from the AlPP Advisory Board. (Planning & Zoning)
The Applicant shall remove the United States of America flag at night unless
lighting for the flag is provided. (Planning & Zoning)
2
Date Prepared: September 30,2005
Resolution 163, 2005
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SECTION 5. This approval expressly incorporates and is contingent upon all
representations made by the Applicant or Applicant's agents at any workshop or public
hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
PASSED AND ADOPTED this day of , 2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC
City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
MAYOR RUSSO ---
VICE MAYOR JABLIN ---
CO U NC I LM EMBER LEVY
COUNCILMEMBERVALECHE ---
COUNCILMEMBER BARNETT ---
---
\\Pbgsfile\AttorneyMorney-share\RESOLUTlONS~ipp - mirasol town square - res0 163 2005.doc 4
3
City of Palm Beach Gardens
Council Agenda
December 1,2005
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo
Vice Mayor Jablin
Council Member Levy
Council Member Valeche
Council Member Barnett
r‘ I.
‘11.
&Sd Go ’ 111.
./ IV.
v.
VI.
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
December 1,2005
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
J a. Turnpike Interchange Construction Update by Michael Lewis, Program Manager
Project Planning, Florida Dept. of Transportation. (Charles Wu)
Department Presentation: GIS Website. (POC Melissa Prindiville) Jb.
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA:
a. Approve Minutes from the November 3, 2005 regular City Council meeting.
P..s- 5-*
b. Resolution 174, 2005 -- Disaster relief funding agreement for Hurricane Wilma.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the City Manager to execute a Disaster Relief Funding Agreement
with the State of Florida, Department of Community Affairs, for Disaster Relief
as a result of Hurricane Wilma; and providing an effective date.
c. Approval of Change Order No.1 with Total Maintenance Building Services, Inc.
for landscape maintenance services at various City Parks.
PUBLIC HEARINGS:
Part I - Non-Quasi-judicial
a. Ordinance 33,2005 - (2nd reading and adoption) Plat Process Code amendment to
clarify for Development Order Review. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida relating to review procedures for
subdivisions and plats; amending Section 78-41, Code of Ordinances, entitled
“Applicability of Article” and Section 78-43, Code of Ordinances, entitled
“Review of Applications for Development Order Approval,” to provide
clarification of the review procedures for subdivisions and plats; providing for
codification; and providing an effective date.
Part I1 - Quasi-iudicial
a. Ordinance 34, 2005 - (2nd Reading and adoption) PGA Corporate Center (aka
“Parcel 5A”) - An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida rezoning a parcel of land consisting of 78.96 acres, generally
bounded by Interstate 95 right-of-way and Military Trail to the West, the
Winchester Courts and Garden Woods residential developments to the North,
Alternate A1A to the East, and PGA Boulevard to the South, as more particularly
described herein, 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 underlying zoning of Research and
Light Industrial Park (Ml), to be referred to as the “PGA Corporate Center PCD”;
amending the zoning district map; and providing an effective date.
Resolution 166,2005 is a companion item to Ordinance 34,2005 and
will require Council action
Resolution 166, 2005 - PGA Corporate Center Master Plan Approval. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the
Master Development Plan for the 78.96-acre PGA Corporate Center Planned
Community Development (PCD) generally bounded by Interstate 95 right-of-way
and Military Trail to the West, the Winchester Courts and Garden Woods
residential developments to the North, Alternate A1A to the East, and PGA
Boulevard to the South, as more particularly described herein, to allow the
development of 240,000 square feet of office use and 600,000 square feet of light
industrial use, including a maximum of 42,000 square feet of ancillary
commercial use, on 17 individual parcels; providing for waivers; providing for
conditions of approval; and providing an effective date.
Ordinance 37, 2005 - (lst reading) The Pointe, rezoning a parcel of land
consisting of 9.18 acres, located at the Northwest corner of Military Trail and
Interstate-95. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida, rezoning a parcel of land consisting of 9.18 acres, located at the
Northwest corner of Military Trail and Interstate 95, as more particularly
described herein, fkom a Professional Office (PO) zoning designation to a Planned
Unit Development (PUD) overlay zoning designation with an underlying zoning
of Professional Office (PO); amending the zoning district map; and providing an
effective date.
b.
Resolution 175 is a companion item to Ordinance 37,2005 and
Resolution 175, 2005 -- The Pointe, approving the master development plan for
the approximately 9.18-acre property located at the Northwest Corner of Military
Trail and interstate-95. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the master development plan for the
approximately 9.18-acre property located at the Northwest corner of Military
Trail and Interstate 95, as more particularly described herein, to allow the
development of 150,000 square feet of Professional Office space and a five-level
parking garage to be referred to as “the Pointe PUD”; providing for waivers;
providing for conditions of approval; and providing an effective date.
will require Council action at second reading.
Ordinance 32, 2005 - (2nd reading and adoption) Frenchman’s Yacht Club -
Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida rezoning a parcel of land consisting of 6.05 acres, located at the Southeast
corner of Donald Ross Road and Prosperity Farms Road, as more particularly
described herein, from a Planned Development Area (PDA) Zoning designation to
a Planned Community District (PCD) zoning designation with an underlying
zoning of Residential Medium (RM); amending the zoning district map; and
providing an effective date.
Resolution 152,2005 is a companion item to Ordinance 32,2005 and
will require Council action.
Resolution 152, 2005 - Frenchman’s Yacht Club - Master Plan Approval. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the master development plan for the approximately 14.54-acre property
located at the Southeast corner of Donald Ross Road and Prosperity Farms Road,
as more particularly described herein, to allow the development of 113
multifamily dwelling units and 9,990-square feet of ancillary office/retail space
for use by the marina to be referred to as “Frenchman’s Yacht Club”; providing
for waivers; providing for conditions of approval; and providing an effective date.
Resolution 162,2005 is a companion item to Ordinance 32,2005 and
will require Council action.
Resolution 162,2005 - Frenchman’s Yacht Club - Expanding PCD boundaries. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
amending the Development Order of the Frenchman’s Creek Development of
Regional Impact (DRI) and Planned Community Development (PCD); amending
the master development plan to allow for the incorporation of a conversion matrix
to permit the conversion of commercial to residential uses and vice versa;
allowing the development of up to 120 additional residential units; modifying the
boundaries of the DRI/PCD to incorporate a six-acre parcel adjacent to the subject
DRI/PCD and located at the Southeast corner of Donald Ross Road and
Prosperity Farms Road; authorizing the City Clerk to transmit copies of this
Resolution to the Florida Department of Community Affairs, the Treasure Coast
Regional Planning Council, Palm Beach County, Frenchman’s Creek Property
Owner’s Association, Inc., Frenchman’s Marina Resort, Ltd., and Avatar
Properties, Inc.; and providing an effective date.
d. Resolution 169, 2005 - Replat of lots 1 and 2, block 17 Gables at Northlake
Replat no. 1. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida approving the Replat of lots 1 and 2, block 17 Gables at
Northlake Replat no. 1 ; and providing an effective date.
e.
- &
d$v~ < <I0
Resolution 163, 2005 - Art in Public Places for Mirasol Town Square. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the Art in Public Places for Mirasol Town Square, which is within the
Mirasol Planned Community Development (PCD) located on the Northwest
corner of the intersection of PGA Boulevard and the Florida Turnpike, as more
particularly described herein; providing for conditions of approval; and providing
an effective date.
w+
,&I\
X.
XI.
XII.
XIII.
XIV.
RESOLUTIONS:
ORDINANCES: (For Consideration on First Reading)
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY ATTORNEY REPORT:
ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interested persons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost. Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
City of Palm Beach Gardens
Council Agend
December 1,2005
a
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Russo Council Member Levy
Vice Mayor Jablin Council Member Valeche
Council Member Barnett
E
CITY OF PALM BEACH GARDENS
COUNCIL AGENDA
December 1,2005
7:OO P.M.
I. PLEDGE OF ALLEGIANCE
11. ROLLCALL
111. ADDITIONS, DELETIONS, MODIFICATIONS: 54*
IV. ANNOUNCEMENTS / PRESENTATIONS:
ik a. Turnpike Interchange Construction Update by Michael Lewis, Program Manager
Project Planning, Florida Dept. of Transportation. (Charles Wu)
b. Department Presentation: GIS Website. (POC Melissa Prindiville)
V. ITEMS OF RESIDENT INTEREST: '7; yo
VI. CITY MANAGER REPORT:
VII.
5-0 1B3,aJ
79
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
VIII. CONSENT AGENDA: 54
a. [Page 7) Approve Minutes from the November 3, 2005 regular City Council
meeting.
b. [Staff Report on Page 12, Resolution on Page 14) Resolution 174, 2005 --
Disaster relief funding agreement for Hurricane Wilma. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida authorizing the City Manager
to execute a Disaster Relief Funding Agreement with the State of Florida,
Department of Community Affairs, for Disaster Relief as a result of Hurricane
Wilma; and providing an effective date.
C. {Staff Report on Page 27) Approval of Change Order No.1 with Total
Maintenance Building Services, Inc. for landscape maintenance services at
various City Parks.
PUBLIC HEARINGS:
Part I - Non-Quasi-iudicial
a. {Staff Report on Page 32, Ordinance on Pape 42) Ordinance 33, 2005 - (2nd
reading and adoption) Plat Process Code amendment to clarify for Development
Order Review. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to review procedures for subdivisions and plats;
amending Section 78-4 1, Code of Ordinances, entitled “Applicability of Article”
and Section 78-43, Code of Ordinances, entitled “Review of Applications for
Development Order Approval,” to provide clarification of the review procedures
for subdivisions and plats; providing for codification; and providing an effective
date.
Part I1 - Quasi-iudicial
a. {Staff Report on Page 46, Ordinance on Page 129, Resolution on Page 133)
Ordinance 34, 2005 - (2nd Reading and adoption) PGA Corporate Center (aka
“Parcel 5A”) - An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida rezoning a parcel of land consisting of 78.96 acres, generally
bounded by Interstate 95 right-of-way and Military Trail to the West, the
Winchester Courts and Garden Woods residential developments to the North,
Alternate AlA to the East, and PGA Boulevard to the South, as more particularly
described herein, fi-om Research and Light Industrial Park (Ml) and Planned
Development Area (PDA) zoning designations to a Planned Community District
Overlay (PCD) zoning designation with an underlying zoning of Research and
Light Industrial Park (Ml), to be referred to as the “PGA Corporate Center PCD”;
amending the zoning district map; and providing an effective date.
Resolution 166,2005 is a companion item to Ordinance 34,2005 and
will require Council action
Resolution 166, 2005 - PGA Corporate Center Master Plan Approval. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the
Master Development Plan for the 78.96-acre PGA Corporate Center Planned
Community Development (PCD) generally bounded by Interstate 95 right-of-way
and Military Trail to the West, the Winchester Courts and Garden Woods
residential developments to the North, Alternate AlA to the East, and PGA
Boulevard to the South, as more particularly described herein, to allow the
development of 240,000 square feet of office use and 600,000 square feet of light
industrial use, including a maximum of 42,000 square feet of ancillary
commercial use, on 17 individual parcels; providing for waivers; providing for
conditions of approval; and providing an effective date.
n
7
b. lStaff Report on Page 154, Ordinance on Page 216, Resolution on Pape 221)
Ordinance 37, 2005 - (lst reading) The Pointe, rezoning a parcel of land
consisting of 9.18 acres, located at the Northwest comer of Military Trail and
Interstate-95. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida, rezoning a parcel of land consisting of 9.18 acres, located at the
Northwest comer of Military Trail and Interstate 95, as more particularly
described herein, from a Professional Office (PO) zoning designation to a Planned
Unit Development (PUD) overlay zoning designation with an underlying zoning
of Professional Office (PO); amending the zoning district map; and providing an
effective date.
C 43
p
Resolution 175 is a companion item to Ordinance 37,2005 and
will require Council action at second reading.
Resolution 175, 2005 -- The Pointe, approving the master development plan for
the approximately 9.18-acre property located at the Northwest Comer of Military
Trail and interstate-95. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving the master development plan for the
approximately 9.1 8-acre property located at the Northwest comer of Military
Trail and Interstate 95, as more particularly described herein, to allow the
development of 150,000 square feet of Professional Office space and a five-level
parking garage to be referred to as “the Pointe PUD”; providing for waivers;
providing for conditions of approval; and providing an effective date.
0 9
C. lStaff Report on Page 233, Ordinance on Page 301, Resolution on Page 306)
Ordinance 32, 2005 - (2nd reading and adoption) Frenchman’s Yacht Club -
Rezoning. An Ordinance of the City Council of the City of Palm Beach Gardens,
Florida rezoning a parcel of land consisting of 6.05 acres, located at the Southeast
corner of Donald Ross Road and Prosperity Farms Road, as more particularly
described herein, from a Planned Development Area (PDA) Zoning designation to
a Planned Community District (PCD) zoning designation with an underlying
zoning of Residential Medium (RM); amending the zoning district map; and
providing an effective date.
e
5-d’
Resolution 152,2005 is a companion item to Ordinance 32,2005 and
will require Council action.
Resolution 152, 2005 - Frenchman’s Yacht Club - Master Plan Approval. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the master development plan for the approximately 14.54-acre property
located at the Southeast comer of Donald Ross Road and Prosperity Farms Road,
as more particularly described herein, to allow the development of 113
multifamily dwelling units and 9,990-square feet of ancillary officehetail space
for use by the marina to be referred to as “Frenchman’s Yacht Club”; providing
for waivers; providing for conditions of approval; and providing an effective date.
Go
Resolution 162,2005 is a companion item to Ordinance 32,2005 and
will require Council action.
9 : 3d {Staff Report on Page 317, Resolution on Page 343) Resolution 162, 2005 -
Frenchman's Yacht Club - Expanding PCD boundaries. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida amending the Development
rder of the Frenchman's Creek Development of Regional Impact (DRI) and
lamed Community Development (PCD); amending the master development plan
X.
XI.
p.04 XII.
XIII.
XIV.
to allow for the incorporation of a conversion matrix to permit the conversion of
commercial to residential uses and vice versa; allowing the development of up to
120 additional residential units; modifying the boundaries of the DRI/PCD to
incorporate a six-acre parcel adjacent to the subject DRI/PCD and located at the
Southeast corner of Donald Ross Road and Prosperity Farms Road; authorizing
the City Clerk to transmit copies of this Resolution to the Florida Department of
Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach
County, Frenchman's Creek Property Owner's Association, Inc., Frenchman's
Marina Resort, Ltd., and Avatar Properties, Inc.; and providing an effective date.
/Staff Report on Page 349, Resolution on Page 351) Resolution 169, 2005 -
Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the
Replat of lots 1 and 2, block 17 Gables at Northlake Replat no. 1; and providing
an effective date.
@staff Report on Page 356, Resolution on Page 373) Resolution 163, 2005 -
Art in Public Places for Mirasol Town Square. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida approving the Art in Public Places for
Mirasol Town Square, which is within the Mirasol Planned Community
Development (PCD) located on the Northwest corner of the intersection of PGA
Boulevard and the Florida Turnpike, as more particularly described herein;
providing for conditions of approval; and providing an effective date.
RESOLUTIONS:
ORDINANCES: (For Consideration on First Reading)
ITEMS FOR COUNCIL ACTION/DISCUSSION:
CITY ATTORNEY REPORT:
ADJOURNMENT
PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal
any decision made by the City Council with respect to any matter considered at this public
hearing, such interestedpersons will need a record of the proceedings and may need to ensure
that a verbatim record is made, including the testimony and evidence upon which the appeal is
to be based.
7
In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes,
persons with disabilities needing special accommodations in order to participate in this
proceeding are entitled to the provision of certain assistance at no cost Please call the City
Clerk’s Office at 561-799-4122 no later than 5 days prior to the hearing if this assistance is
required. For hearing impaired assistance, please call the Florida Relay Service Numbers:
800-955-8771 (TDD) or 800-955-8 770 (VOICE).
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
~~~~~ ~ ~
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print -< -- j 6
~
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name:
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
I’
I” Please Print
Name: ./J J I 1’
Address: 6 c- (1 q --Qfl ]yg/ /) ,fpL - i/( q \.J
--=&-, i Subiect: A
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Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: f Gq
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City: pG F
Members of the public may address the City Council during the ccComments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: JyL----- I. &&&wL & y/, //
(7 / ,- f’ I;; ‘ I- //xi!? Address: /b t( 1 *’ /‘ 1 LY ,
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print. ,
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Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Name: Od IS +ME I /1//
!\A c Address: QllL t?l t JUT
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Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
CITY COUNCIL MEETING 12/01/05
PROPOSED ADDITIONS, DELETIONS AND MODIFICATIONS
ADDITIONS:
DELETIONS:
MODIFICATIONS:
Under City ManaPer ReDort:
1. Update on the Northlake Boulevard Task Force
2. Resolution 183,2005 - Ratifjing Resolution
124,2005 - Charter Review Committee.
Under Part JI - Ouasi-iudicial Public Hearing:
1. Resolution 163,2005 - Art in Public Places for
Mirasol Town Square.
The petitioner has requested a postponement
until December 15,2005. A copy of the letter
was contained in the agenda packet.
UnderPartII - 0 uasi-iudicisl
Resolution 166,2005 (CornDanion item to: Ordinance 34,
2005 on for 2nd reading and adoption. PGA Corporate
Center (&a "Parcel 5A")
These proposed changes are made to this resolution as a
result of negotiations between the petitioner and staff relating
to the conditions of approval.
Co~ies have been movided for each Councilmember and
staff wiIl address these changes when the iiem is
presented
Resolution 162,2005 - Companion item to: Ordinance
32,2005 and Resolution 152,2005. Frenchman's Yacht
Club Expanding PCD Boundaries.
This Resolution requires City Council action prior to taking
any final action on Ordinance 32,2005 and Resolution 152,
2005.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: December 1,2005
Meeting Date: December I, 2005
Resolution 183,2005
SubjectlAgenda Item:
Resolution 183, 2005 - Ratifying an Amendment to Resolution 124, 2005 which Created the 2005
Charter Review Committee.
[XI Recommendation to APPROVE I ] Recommendation to DENY
Reviewed by:
/ City Attorney
Finance Ad mini st rat or
Submitted by: 7
Department Director
City ban'ader
Originating Dept.:
/ Christine Tatum
City Attorney w
Advertised: NIA
Date:
Paper:
/
[ X 3 Not Required
Affected parties
[ ] Notified
t
[X ] Not required
e-
costs: $
/ (Total)
Funding Source:
[ ] Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
]Approved w/
con d i tions
] Denied
] Continued to:
Attachments:
Resolution 183, 2005
[ ]None
Date Prepared: December 1,2005
Meeting Date: December I, 2005
Resolution 183,2005
BACKGROUND:
At the Council meeting on August 18,2005, the City Council adopted Resolution 124,2005, creating the
2005 Charter Review Committee consisting of seven members.
At the Council meeting on November 17,2005, Council approved a motion to amend Resolution 124,
2005 to add two additional members to the Charter Review Committee, appointing nine members to the
Committee.
STAFF RECOMMENDATION:
Approve Resolution 183,2005 ratifying an amendment to Resolution 124,2005 which created the 2005
Charter Review Committee.
Date Prepared: December 1,2005 7
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RATIFYING AN AMENDMENT TO
RESOLUTION 124, 2005 WHICH CREATED THE 2005 CHARTER
REVIEW COMMITTEE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on August 18, 2005, the City Council adopted Resolution 124, 2005,
creating the 2005 Charter Review Committee; and
WHEREAS, Resolution 124, 2005 provided that the Committee would consist of
seven (7) regular members; and
WHEREAS, on November 17, 2005, the City Council approved a motion to
members to the Committee; and
WHEREAS, the City Council has deemed it to be in the best interest and public
welfare of the citizens of the City of Palm Beach Gardens to approve this Resolution
formally ratifying the vote taken on November 17, 2005.
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 amendment to Section 5 of Resolution 124, 2005 approved by
motion on November 17, 2005, is hereby ratified as set forth below:
(a) The committee shall consist of sewwnine regular members.
(b) Members of the committee shall have knowledge of municipal
functions, municipal charters, the Florida Constitution, and the Florida
Statutes pertaining to municipal law. Appointments shall be made by
the City Council based on experience and interest. There shall be no
residency requirement to serve on this Committee.
SECTION 3. This Resolution shall become effective immediately upon adoption.
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Date Prepared: December 1,2005
Resolution 183,2005
PASSED AND ADOPTED this day of ,2005.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Joseph R. Russo, Mayor
ATTEST:
BY:
Patricia Snider, CMC, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR RUSSO
VICE MAYOR JABLIN
COUNCILMEMBER LEVY
CO U N C I LM E M B E R VAL E C H E
COUNCILMEMBER BARNETT
AYE NAY ABSENT
\\Pbgsfile\Attorney\attorney_share\RESOLUTlONS\Cha~er review committee - amended-reso 183 2005.doc
2
Proposed Changes to Resolution 166, 2005
11/29/05
4. The Applicant shall provide vehicular connections between sites, where
appropriate and feasible, to the satisfaction of the Growth Management
Administrator and City Engineer, so that vehicles parked within the site
that wish to access RCA Center Drive may do so without having to utilize
Kyoto Gardens Drive. (Planning & Zoning)
12. By _______ (sixty (60) days from the date of this approval), the Applicant
shall submit a landscape plan, to the satisfaction of the City Forester, for
(1) the supplemental landscaping within the ten (10) acre preserve and the
landscape buffer on the north side of Kyoto Gardens Drive; and (2) the
portion of RCA Center Drive extending from the Property to the northern
boundary of the RCA Center PUD located to the south of the Property; (3)
the western road shoulder of Alternate A1A from PGA Boulevard to the
northern boundary of the Property; and (4) the Alternate A1A median from
PGA Boulevard to Kyoto Gardens Drive. (City Forester)
16. The Applicant, its successors, or assigns shall be responsible for the
maintenance of the landscaping within (1) the portion of Kyoto Gardens
Drive from Military Trail to Alternate A1A; (2) the portion of RCA Center
Drive extending from Kyoto Gardens Drive to the northern boundary of the
RCA Center PUD located to the south of the Property; (3) (2) the western
road shoulder and one-half (1/2) of the median of Alternate A1A from PGA
Boulevard to the northern boundary of the Property; and (3) (4) the
northern road shoulder and one-half (1/2) of the median of PGA Boulevard
from Alternate A1A to Interstate 95. (City Forester)
17. The landscaping within the road shoulder and medians of Kyoto Gardens
Drive and RCA Center Drive located within the Property, as well as the
portion of RCA Center Drive extending from the Property to the northern
boundary of the RCA Center PUD located to the south of the Property,
shall be completed when the construction of said roads are accepted by
the City. The landscaping within the western road shoulder of Alternate
A1A from PGA Boulevard to the northern boundary of the Property and
the Alternate A1A median from PGA Boulevard to Kyoto Gardens Drive
shall be installed within six (6) months of the issuance of the first clearing
permit for an individual parcel within the PCD. (City Forester)
25. Within 120 days from Prior to the issuance of each building permit for
vertical construction for an individual parcel, the parcel shall be replatted.
(City Engineer)
35. Whenever possible, All development application submittals made to the
Growth Management Department for the individual parcels within the PCD
shall include both electronic and hard copies of all documents submitted to
the satisfaction of the City Engineer, City Forester, and Growth
2
Management Administrator. Notwithstanding the foregoing, CAD files of
the areas designated on a site as open space shall be included in all
development submittals to the satisfaction of the City Forester. (City
Engineer)
New Condition: Any office space within an individual parcel that is ancillary to a
principal industrial use on the parcel shall be limited to a maximum of 40% of the
square footage on site in order to be classified as being ancillary to the industrial
use. Any office space beyond said threshold shall be required to count towards
the office use on site. (Planning and Zoning)
December 01,2085
City Council Meeting Palm Beach Gardens
Dear Mayor Russo.
As the representative for Garden Woods on the matter of the Kyoto Drive railroad
crossing I would like to ask for your help. It seems that the City is planning to open
the Kyoto Drive railroad crossing regardless if a quiet zone is authorized by the
Federal Railroad Administration or a wayside horn is installed at the crossing.
The residents of Garden Woods would have more train whistle noise than they had
with the PGA Btvd railroad crossing, in the range of 15 to 20 more decibels for a
total of 80 to 100 decibels.
Due to the risk index with no train horn blowing, I doubt that the Federal Railroad
Administration will accept a 24 hrs quiet zone for the Kyoto Drive railroad crossing.
The Florida East Coast Railway southbound train engineer will not have adequate
horizontal sight distance due to the Flyover SW ramp and the end of tracks curve
just before the crossing, therefore leading to accidents.
I believe that a wayside horn is the best solution for that critical railroad crossing
when the Federal Railroad Administration Emergency Order nr 15 has been
rescinded for the Florida East Coast Railway. Since Mr Merritt from the Florida
Department Of Transportation prefer a wayside horn corridor I believe Hood road
and Rca Bhd should be included in the project in order to obtain the Florida
Department Of Transportation wayside horn grant. Until the noise Droblem is
resolved for the Kvoto Drive railroad crossing. the applicant for parcel SA would
still have access to Military Trail to the west and PGA Bkd throueh Da rcel SB to the
east. -
Garden Woods only has a promise from the City to explore st quiet zone or a
wayside horn for the Kyoto Drive railroad crossing. I personaliy come to you with a
fair request to settle the still pending City/FDOT case. I would like to ask the City
Council not to make a final decision to night on the status of the Kyoto Drive
railroad crossing and I would appreciate to have a meeting with City Officials and
2 Garden Woods residents as soon as possible.
Sincerely, n
Roger Blangy Hfpfl
11658 Hemlock Stdet
Palm Beach Gardens
F133410
B s
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d .c,
1
11/82/2885 81: 29 5616248836 MATHISMJ
8259 North Military Trail, Suite 11
Palm Beach Gardens, Ftorida 3341 0
October 28,2005
-- Planning & Zoning Department,
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens. Florida 33410
To Whom It May Concern:
Subject: Petition PUD-05-07-000004: The Pointe PUD.
The Directors of Winchester Courts Homeowners’ Association, Inc., and interested unit
owners have held meetings with Stcvc Mathison and the project team for The Pointe
office complex proposed to be built on the land to the west of our community.
We have reviewed the plans for The Pointe prepared by Urban Design Studio, planner,
and OGS&P Architects, architect, The Association supports The Pointe as designed by
Urban Design Studio and OGS&P and appreciates the attention given to our community
concerning the design process.
Sincerely, .-
Don Gibson.
Winchester Courts Homeowners’ Association, Inc.
Rod Committee fi3mhaw
PAGE 02/02
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100 Sabal Ridge Circle
Palm Beach Gardens, Florida 334 18
October 5,2005
Planning & Zoning Department,
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
To Whom It May Concern:
Subject: Petition PUD-05-07-000004: The Pointe PUD.
The Directors of Sabal Ridge Condominium Association, Inc., and interested unit owners
have held meetings with Steve Mathison and the project team for The Pointe office
complex proposed to be built on the land to the south of our community.
We have reviewed the plans for The Pointe prepared by Urban Design Studio, planner,
and OGS&P Architects, architect. The Association supports The Pointe as designed by
Urban Design Studio and OGS&P and appreciates the attention given to our community
concerning the design process.
Doris Semon.
Director,
Sabal Ridge Condominium Association, Inc.
His dUe”It4wt * TPs on the Legislation encouraging the burying of
H.R. 4286 - introduced by Representative E. Clay Shaw, Jr. (Rep. Robert Wexler is
a cosponsor)
In the days and weeks following Hurricane Wilma, millions of residents in South
Florida were once again left without power, many for an extended period of time.
While the storm hit on October 24, 2005 reports as of November 5, 2005 show
390,000 people still without power.
0 Much of the outages following hurricanes results from wind damage. By burying
power lines, thousands, if not millions of people will retain power during these
critical times. In addition businesses and government agencies will be
operational sooner following the storms.
0 Currently the cost of power lines placed into service after April 11 , 2005, must be
depreciated over a 15-year period. Lines placed in service prior to April 11,
2005, must be depreciated over a 20-year period.
0 This legislation would allow a utility to immediately expense the burying of power
lines that replace existing suspended power lines. By allowing utilities to
immediately deduct this cost, this legislation would dramatically reduce the cost
of replacing suspended power lines with buried power lines.
0 By reducing the upfront cost of replacing these lines, this legislation would
provide a significant incentive to burying power lines in disaster prone areas.
This will not only ensure that more home owners, businesses, and government
agencies keep power during storms, but will also reduce the cleanup and
replacement cost following the storms.
j -
TPs for the “Hurricane Wilma Taxpayer Relief Act of 2005”
H.R. 4334 - Introduced by Representatives Shaw and Foley with 16 bipartisan members
of the FL delegation
Allows full deductibility of personal casualty losses. Under current law, individuals who
itemize their deductions may deduct personal casualty losses to the extent losses exceed
10 percent of adjusted gross income and a $100 floor. The proposal waives the 10 percent
and $1 00 floors, thus allowing individuals to fully deduct their losses.
Waives 10 percent tax on early distributions from IRAs and pensions for individuals
affected by the hurricane. In general, distributions from IRAs and pensions are subject to
a 10 percent penalty if distributions are made before a certain age. The penalty is intended
to discourage individuals from withdrawing funds that are needed for retirement. To ease
the financial burden faced by many families in the disaster area, the proposal allows eligible
individuals to withdraw a maximum of $100,000 from their IRAs and pensions without
paying the 10 percent penalty. Individuals eligible for the waiver may pay income tax on the
distribution over three years. Income tax is not due if the distribution is repaid to the
account within three years. The proposal also increases the limit on loans from pension
plans from $50,000 to $1 00,000.
0 Provides a longer period of time to replace damaqed property without incurring tax.
Under current law, insurance proceeds are not taxable if the proceeds are inyested in
replacement property within two years (with respect to damaged businessprpperty) or four
years (with respect to damaged principal residences in Presidentially-declared disaster
areas). The proposal increases the reinvestment period to five years as long as the
replacement property is located within the disaster area.
0 Encourages cash donations by corporations. The Katrina Emergency Tax Relief Act of
2005 (P.L.109-73) waived the 10 percent income limitation for cash donations related to
Hurricane Katrina, if the donations are made before January, 2006. This bill would extend
that same waiver to donations related to Hurricane Wilma through January, 2006. (The cap
on individual donations has been lifted for the same period of time and remains in effect as
a result of P.L. 109-73.)
0 Outlook - Mr. Shaw has been in constant discussions with the Chairman Bill Thomas of
the House Ways and Means Committee as well as Sen. Martinez on the Senate side who
has been working with Chairman Charles Grassley of Senate Finance Committee.
The Senate chose to include hurricane relief in their tax reconciliation bill. The provisions
extended to Wilma largely reflected to provisions introduced within H.R. 4334. (see
included Press release from Sen. Martinez office.)
The House will likely pass our tax reconciliation bill in early December. There will then be a
conference where Mr. Shaw will advocate provisions, such as currently contained in the
Senate bill, be included in the final legislation.
Final timing of the bill is likely to be December or January.
TPs on The Homeowners’ Insurance Protection Act
H.R. 4366 - Introduced by Reps. Ginny Brown-Waite (member of the Financial
Services Committee where the bill is referred) & Clay Shaw (chairman of the Florida
delegation)
0 Establishes a National Cat fund with coverage for losses covered by a state catastrophe
fund, including but not limited to earthquakes and ensuing losses, tropical cyclones, such
as hurricanes, tornados, and volcanic eruptions.
0 Private insurers will be responsible for losses covered under the insurance contract up to
an amount that is determined on a state-by-state or regional basis. Next, the state
catastrophe fund will pay losses up to its funding capacity. Again, this is a state-by-state or
regional analysis.
0 Coverage from the federal fund, in the form of reinsurance, would be sold to state funds at
actuarially sound and self-sufficient rates in yearly contracts, and would only be available if
the state adopts mitigation and prevention standards, to include effective building codes
and enforce men t .
0 States are required to set aside a minimum of $10 million and a maximum of 35% of
invested income of the catastrophic fund for prevention and mitigation.
0 Once private insurers and the state catastrophe fund have paid their retained levels, money
would be paid to the state fund per the terms of the reinsurance contract sold by the federal
Fund.
0 If, and only if, both private insurer and state CAT fund obligations are met, federal money
would be available for a 150 year event, up to a 1500 year event. This federal backstop
would cover 90% of eligible losses; in other words, the states would have e a 10% co-
insurance “deductible.” This way, the states always have economic incentive to mitigate
and prevent losses, even if federal reinsurance is paid.
0 The aggregate liability of the federal fund is $200 billion per contract year.
0 The bill was introduced on November 17, 2005, one day before recess but is being
shopped over the recess on a bi-partisan basis and in an effort to demonstrate broad
regional support.