HomeMy WebLinkAboutAgenda Council Agenda 102104City of Palm Beach Gardens
Council Agenda
October 21, 2004
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Mayor Jablin Council Member Delgado
Vice Mayor Russo Council Member Levy
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
October 21, 2004
7:00 P.M.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. ADDITIONS, DELETIONS, MODIFICATIONS:
IV. ANNOUNCEMENTS / PRESENTATIONS:
V. ITEMS OF RESIDENT INTEREST:
VI. CITY MANAGER REPORT:
a. Hurricane Response and Damage Assessment Report
b. Recognition of Community Support during the Hurricanes
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 6 Approve Minutes from the September 28, 2004 Regular City Council
meeting.
b. (Page 10Approve Minutes from the September 30 2004 Regular City Council
meeting.
c. (Staff Report on page 18, Resolution on Page 20) Resolution 175, 2004 -
Approving The PGA National Shops on the Green Plat. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the PGA National
Shops on the Green Plat; and providing an effective date.
d. (Staff Report on page 25, Resolution on Page 27) Resolution 203, 2004 -
Directing execution of the first amendment and second amendment to the gas tax
interlocal agreement. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida authorizing and directing execution of the first amendment and
second amendment to the gas tax interlocal agreement between the City of Palm
Beach Gardens and Palm Beach County, Florida; and providing an effective date.
e. (Staff Report on page 83, Resolution on Page 86) Resolution 204, 2004 –
Military Trail Grant - A Resolution of the City Council of the City of Palm Beach
Gardens, Florida modifying the matching grant program approved by Resolution
136, 2003 to increase the City’s matching portion; and providing an effective
date.
IX. PUBLIC HEARINGS:
Part I – Quasi-Judicial
a. (Staff Report on page 95, Resolution on Page 164) Resolution 135, 2004 –
Target Rezoning and Site Plan review. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the master development plan for
Congress Plaza East at the 19.12-acre parcel of land located on the Southeast
corner of Northlake Boulevard and Congress Avenue which lies within the
municipal boundaries of the City of Palm Beach Gardens and the Town of Lake
Park, as described more particularly herein, to allow for a 131,839 square-foot
retail building; providing for waivers; providing for conditions of approval; and
providing an effective date.
b. (Staff Report on page 174, Ordinance on Page 197, Resolution on Page 200)
Ordinance 35, 2004 - (1st reading) The Sanctuary at Palm Beach Gardens
Homeowners’ Association, Inc. Lake Access Tract. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending Ordinance 22,
1993 relating to the Sanctuary Planned Unit Development (PUD) to transfer the
master plan approval and related conditions to a separate Resolution; and
providing an effective date.
Resolution 176, 2004 is a companion item to Ordinance 35,
2004 and will require Council action only on second reading.
Resolution 176, 2004 - The Sanctuary The Sanctuary at Palm Beach Gardens
Homeowners’ Association, Inc. Lake Access Tract. A Resolution of the City
Council of the City of Palm beach Gardens, Florida approving an amendment to
the Sanctuary Planned Unit Development (PUD) located on the North side of
Hood Road approximately 1,500 feet West of Prosperity Farms Road, as more
particularly described herein; providing for conditions of approval; and providing
an effective date.
c. (Staff Report on page 227, Resolution on Page 236) Resolution 200, 2004 -
Seacoast Utility – allow removal, relocation & construction of water storage
tanks. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to an existing conditional use to allow the
existing Seacoast Utility Authority water treatment plant facility, located at the
intersection of Hood Road and Alternate A1A, as more particularly described
herein, to upgrade and expand its current operations; and providing an effective
date.
Part II – Non Quasi-Judicial
a. (Staff Report on page 271, Ordinance on Page 275) Ordinance 36, 2004 –
Proposed Annexation for a 61.9 Acre Parcel off of Northlake Boulevard (2nd
reading and adoption). An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida annexing, pursuant to a petition for voluntary annexation,
a parcel of real property comprising of total of 61.9 acres, more or less, located on
the North side of Northlake Boulevard approximately one-half (0.5) miles West of
the intersection of Northlake Boulevard and Coconut Boulevard, in Palm Beach
County, Florida, which is more particularly described herein; declaring that the
voluntary annexation petition bears the signature of the owner of the real property
annexed hereby; amending Article II of the City Charter by redefining the
corporate limits; and providing an effective date.
X. RESOLUTIONS:
a. (Staff Report on page 283, Resolution on Page 303) Resolution 197, 2004 –
Proposal for additional artwork - Commons Parcel 2 & 3 art in public places. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving Art in Public Places for the PGA Commons Parcel 2 & Parcel 3,
located on the South side of PGA Boulevard, East and West of its intersection
with Hickory Drive, as more particularly described herein; providing for
conditions of approval; and providing an effective date.
XI. ORDINANCES: (For Consideration on First Reading)
a. (Staff Report on page 308, Ordinance on Page 311) Ordinance 19, 2004 –
Amendments to expedite the review process for routine site plans. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida relating to
administrative approvals; amending Section 78-48, Code of Ordinances entitled
“Site Plan Review”; amending Section 78-49, Code of Ordinances entitled
“Amendments to Approved Development Orders”; providing for Codification;
and providing an effective date.
b. (Staff Report on page 323, Ordinance on Page 440, Resolution is not
Included) Ordinance 39, 2004 – Paloma (Parcel 31B) – rezoning from PDA
(Planned Development Area) To PUD (Planned Unit Development) (underlying
Residential Low). An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of
land consisting of 156.46 acres, more or less, located South of Hood Road, West
of Military Trail, East of Central Boulevard, parcel 31.04 (MXD), and Interstate
Highway 95, and North of the Sabal Ridge Planned Unit Development (PUD), as
described more particularly herein, from Planned Development Area (PDA) to a
Planned Unit Development (PUD) overlay with an underlying zoning of
Residential Low (RL-3) to be known as Paloma; revising the Zoning District
Map; and providing an effective date.
Resolution 196, 2004 is a companion item to Ordinance 35,
2004 and will require Council action only on second reading.
Resolution 196, 2004 – Paloma (Parcel 31B) – rezoning from PDA (Planned
Development Area) to PUD (Planned Unit Development) (underlying Residential
Low). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the master development plan for the Paloma Planned Unit
Development (PUD), generally located South of Hood Road, West of Military
Trail, East of Central Boulevard, parcel 31.04 (MXD), and Interstate Highway 95,
and North of the Sabal Ridge Planned Unit Development (PUD), as described
more particularly herein, to allow for 199 single-family dwelling units, 196 multi-
family dwelling units and accessory structures / uses; providing for waivers;
providing for conditions of approval; and providing an effective date.
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
a. Staff discussion citywide economic development opportunities and tax base.
XIII. CITY ATTORNEY REPORT:
a. Discussion of Proposed Settlement of The City of Palm Beach Gardens, a
municipal corporation, Plaintiff, v. MALL PROPERTIES, LTD., a Florida
limited partnership; PGA GATEWAY, LTD., a Florida limited partnership; PGA
NORTH II OF FLORIDA, LLC, a Florida limited liability company; and RCA
CENTER II OF FLORIDA, LLC, a Florida limited liability company and
DOWNTOWN AT THE GARDENS, LLC, a Florida limited liability company,
Defendants, Case Number 502003 CA 011229 XXCDAH
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities
needing special accommodations to participate in this proceeding should contact the City Clerk’s
Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for
assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or
(800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Council,
with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings,
and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based.
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
September 28, 2004
The September 28, 2004 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 6:02 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened
with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Councilmember Delgado, and Councilmember Levy. Vice
Mayor Russo was absent from the meeting.
ADDITIONS, DELETIONS AND MODIFICATIONS:
Mayor Jablin announced that there were a number of advertised public hearings scheduled
on the agenda, including the adoption of the millage rate and budget for FY 2004/2005, and
in order to ensure that essential City business was completed it would be necessary to
reschedule tonight’s meeting to Thursday, September 30, 2004 at 6:30 p.m.. Councilmember
Delgado made a motion to reschedule the public hearings on tonight’s agenda to Thursday,
September 30, 2004. Councilmember Levy seconded the motion, which carried by
unanimous 3-0 vote. Mayor Jablin announced that all items on tonight’s agenda would be
heard on September 30, 2004 with the exception of Part 9, Public Hearings, Part 2, item b
which would be heard on October 7, 2004: Ordinance 35, 2004 - (1st reading) The Sanctuary
PBG HOA, Inc. Lake Access Tract. An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida amending Ordinance 22, 1993 relating to the Sanctuary Planned
Unit Development (PUD) to transfer the master plan approval and related conditions to a
separate Resolution; and providing an effective date; and Resolution 176, 2004 - a
companion item to Ordinance 35, 2004 which will require Council action only on second
reading: Resolution 176, 2004 - The Sanctuary PBG HOA, Inc. Lake Access Tract. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an
amendment to the Sanctuary Planned Unit Development (PUD) located on the North side of
Hood Road approximately 1,500 feet West of Prosperity Farms Road, as more particularly
described herein; providing for conditions of approval; and providing an effective date. The
City Clerk read Ordinance 35, 2004 by title only on first reading and read Resolution 176,
2004 by title only. Mayor Jablin declared the public hearing open. Councilmember Levy
made a motion to continue the public hearing for Ordinance 35, 2004 and Resolution 176,
2004 to October 7, 2004. Councilmember Delgado seconded the motion, which carried by
unanimous 3-0 vote. Mayor Jablin announced that because of advertising of the other items
scheduled for public hearings, it would be necessary for the City Clerk to read by title the
following items: Ordinance 33, 2004; Ordinance 34, 2004, Resolution 161, Ordinance 37,
2004, Ordinance 38, 2004, Ordinance 36, 2004, Resolution 157, 2004, Resolution 158, 2004,
Resolution 186, 2004, Ordinance 31, 2004, and Resolution 145, 2004. The City Attorney
advised the public hearings for these items would all be opened at once. The City Clerk read
the titles as follows:
Ordinance 33, 2004 – (2nd reading and adoption) Amendment to the budget for Fiscal Year
beginning October 1, 2003 to September 30, 2004. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for
the fiscal year beginning October 1, 2003, and ending September 30, 2004, inclusive; and
providing an effective date.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/28/04 2
Ordinance 34, 2004 – (2nd reading and adoption). Compensation of Council Members. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
compensation of Council Members; creating a new Section 2-36, Code of Ordinances to be
entitled “Compensation of Mayor and Council”; providing for codification; and providing an
effective date.
Resolution 161, 2004 –Adopting a Tax Levy and Millage Rate. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida adopting a tax levy and Millage rate for
the City of Palm Beach Gardens for the fiscal year commencing October 1, 2004, and ending
September 30, 2005; directing the City Clerk to forward a Certified Copy Of This Resolution
To The Property Appraiser And Tax Collector Within Three (3) Days After Its Adoption;
And Providing An Effective Date. and
Ordinance 37, 2004 -- Budget for Fiscal Year 2004/2005. (2nd reading and adoption) An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida adopting a budget
for the City of Palm Beach Gardens for the Fiscal Year commencing October 1, 2004, and
ending September 30, 2005; and providing an effective date.
Ordinance 38, 2004 – (2nd reading and adoption). Revised Impact Fee. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida amending Division IV of Chapter
78, Code of Ordinances entitled “Citywide Impact Fees” to update impact fees pursuant to
Section 78-95, Code of Ordinances; providing for codification; and providing an effective
date.
Ordinance 36, 2004 – Proposed Annexation for a 61.9 Acre Parcel off of Northlake
Boulevard (1st reading). An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida annexing, pursuant to a petition for voluntary annexation, a parcel of real
property comprising of total of 61.9 acres, more or less, located on the North side of
Northlake Boulevard approximately one and on-half (1.5) miles West of the intersection of
Northlake Boulevard and Coconut Boulevard, in Palm Beach County, Florida, which is more
particularly described herein; declaring that the voluntary annexation petition bears the
signature of the owner of the real property annexed hereby; amending Article II of the City
Charter by redefining the corporate limits; and providing an effective date.
(Resolution 157, 2004 and Resolution 158, 2004 are companion items to Ordinance 36, 2004
and will require Council action on first reading. )
Resolution 157, 2004 – Large Scale Land-Use Amendment for a 61.9 Acre Parcel off of
Northlake Boulevard. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida authorizing the transmittal of an amendment to the future land use map of the
Comprehensive Plan of the City of Palm beach Gardens relating to certain property
consisting of approximately 61.9 acres, generally located on the North side of Northlake
Boulevard approximately one and one-half (1.5) miles West of the intersection of Northlake
Boulevard and Coconut Boulevard, to change the land use designation from Palm Beach
County rural residential 20 (RR20) to City of Palm Beach Gardens residential very low
(RVL); and providing an effective date.
Resolution 158, 2004 – Transmittal of Comprehensive Plan Text Amendment. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida authorizing the transmittal of
a text amendment to the future land use element of the Comprehensive Plan of the City of
Palm Beach Gardens to permit residential very low (RVL) land uses West of the City’s
urban growth boundary within newly annexed areas fronting along Northlake Boulevard; and
providing an effective date.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/28/04 3
Resolution 186, 2004 – Economic Development Element. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida authorizing the transmittal of a new Economic
Development Element of the City of Palm Beach Gardens Comprehensive Plan; and
providing an effective date.
Part II – Quasi
Ordinance 31, 2004 – Batt Private School – (2nd reading and adoption) reconfigure entrance
drive and retention pond. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 16, 2002 relating to the rezoning for the Batt School
Planned Unit Development (PUD) to transfer and amend the conditional use approval, site
plan approval, and related conditions through a separate resolution; and providing an
effective date. (Resolution 145, 2004 is a companion item to Ordinance 31, 2004 and will
require Council action at second reading.)
Resolution 145, 2004 - Batt Private School transfer approval of the site plan, waivers, and
documents with a minor amendment. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving an amendment to the development plans for the Batt
School Planned Unit Development (PUD), generally located on the North side of Hood road,
West of the Interstate 95 overpass, and East of the Ronald Reagan Turnpike overpass, as
more particularly described herein; providing for waivers; providing for conditions of
approval; and providing an effective date.
Mayor Jablin declared the public hearing open for all items read by the City Clerk.
Councilmember Delgado made a motion to continue the public hearings for all items read by
the City Clerk to September 30, 2004 at 6:30 p.m. Councilmember Levy seconded the
motion, which carried by unanimous 3-0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/28/04 4
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 6:12 p.m.
APPROVAL: ____________________________________
MAYOR JABLIN
____________________________________
VICE MAYOR RUSSO
____________________________________
COUNCILMEMBER DELGADO
____________________________________
COUNCILMEMBER LEVY
ATTEST:
____________________________________
PATRICIA SNIDER
CITY CLERK
CITY OF PALM BEACH GARDENS
CITY COUNCIL
REGULAR MEETING
September 30, 2004
The September 30, 2004 Regular Meeting of the City Council of the City of Palm Beach
Gardens, Florida, was called to order at 6:36 P.M. in the Council Chambers of the Municipal
Complex, located at 10500 North Military Trail, Palm Beach Gardens, Florida, and opened
with the pledge of allegiance.
ROLL CALL: The City Clerk called the roll and the following elected officials were found
to be in attendance: Mayor Jablin, Vice Mayor Russo who arrived at 6:37 p.m.,
Councilmember Delgado, and Councilmember Levy.
ADDITIONS, DELETIONS AND MODIFICATIONS
Mayor Jablin announced an addition under the Consent Agenda of Resolution 201, 2004 –
Keep Palm Beach County Beautiful Grant Application. Deletions under the Consent Agenda
were Resolution 173, 2004 Approving the Shops of Donald Ross Replat of Tract “a” Plat
and Resolution 175, 2004 Approving The PGA National Shops on the Green Plat, which the
applicant had requested be moved to the October 21, 2004 meeting. The following
Resolutions were requested to be moved to immediately follow the consent agenda:
Resolution 182, 2004, Resolution 179, 2004, Resolution 180, 2004, Resolution 181, 2004,
Resolution 183, 2004, Resolution 184, 2004, and Resolution 185, 2004. Approval of the
requested additions, deletions and modifications was moved by Councilmember Levy. Vice
Mayor Russo seconded the motion, which carried by unanimous 4-0 vote.
ITEMS OF RESIDENT INTEREST:
Councilmember Delgado provided an update on the elementary school crime prevention
program, which was on schedule to begin and would replace the D.A.R.E. program.
Councilmember Levy reported Janet Anderson had written a grant and invited her to speak.
Ms. Anderson, Assistant Principal at Grove Park Elementary, advised she had written a
comprehensive school reform grant for $435,000 to implement reading programs for
kindergarten through 5th grade and had been notified the grant had been approved. Vice
Mayor Russo complimented staff on a great job during the hurricane and requested
discussion be scheduled during October or November of what had happened. Traffic light
outages were discussed. Mayor Jablin read aloud a letter from Linda Hughey expressing
deepest appreciation for the work of all City staff during the hurricane, and complimenting
Charlotte Presensky for her leadership. The Mayor reported receipt of many other letters and
e-mails which echoed Ms. Hughey’s thoughts.
CITY MANAGER REPORT
Todd Engle, Construction Services Director, provided a damage assessment report from
Hurricane Jeanne totaling an estimated $35-$45 million. Vice Mayor Russo gave credit to
revised building codes following Hurricane Andrew by which newer construction had held
up better than older homes, and suggested a low cost governmental program to update older
homes.
COMMENTS FROM THE PUBLIC
Joan Elias, 1009 Diamond Head Way, thanked the whole staff for their work during the
hurricane.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 2
CONSENT AGENDA:
Councilmember Delgado made a motion to approve the consent agenda without item “a”.
Vice Mayor Russo seconded the motion, which carried by unanimous 4-0 vote. The
following items were approved on the consent agenda:
b. Resolution 178, 2004 – Temporary closings of state roads for special events. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
authorizing the City Manager or his designee to authorize and apply for state
permits for temporary closings of state roads for special events; and providing and
effective date.
c. Resolution 187, 2004 – Revised Local Mitigation Strategy Plan. A Resolution of
the City Council of the City of Palm Beach Gardens, Florida authorizing the
adoption of the revised unified Palm Beach County local mitigation strategy plan;
and providing an effective date.
d. Resolution 189, 2004 – Interlocal Agreement with Solid Waste Authority. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving an Interlocal Agreement with the Solid Waste Authority of Palm Beach
County for the delivery of municipal solid waste to a designated facility;
authorizing the Mayor and City Clerk to execute said agreement; and providing an
effective date.
e. Resolution 201, 2004 – Keep Palm Beach County Beautiful Grant Application.
A Resolution of the City Council of the City of Palm Beach Gardens, Florida,
supporting the submission of an application for grant funding through Keep Palm
Beach County Beautiful, Inc. for median beautification on S.R. A1A from Loop
Road North to PGA Boulevard and on Loop Road from S.R. A1A North to PGA
Boulevard; and providing an effective date.
Councilmember Levy explained he had requested item “a” of the consent agenda be pulled,
and would like an explanation of why this contract should be renewed at the proposed
amount:
a
.
Resolution 169, 2004 - Addendum II to the agreement with Total Maintenance
Building Services. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida authorizing the Mayor and City Clerk to execute Addendum II to
the Agreement with Total Maintenance Building Services, Inc. for landscaping
maintenance services; and providing an effective date. Jack Downey, Community
Services, explained this was a renewal of a bid which had grown over the past three
years to include maintenance from some developments, for which the City was
reimbursed. Mowing of different areas was discussed. Councilmember Levy made a
motion to approve Resolution 169, 2004. Vice Mayor Russo seconded the motion,
which carried by unanimous 4-0 vote.
COMMENTS FROM THE PUBLIC:
Brad Goldstein, Prosperity Oaks Court, commented he and neighbors were present tonight
because another neighbor had felled eight large oak trees on the eve of the hurricane, some
of which were over 100 years old, and left them on the street for the debris to scatter. The
City Forester was not consulted and the nature of this neighborhood had been changed
dramatically. Mr. Goldstein read a deed restriction which he felt should give the City
Forester leverage in this situation. Mark Hendrickson, City Forester, indicated he and the
attorney would look at the document, but if it had been on private property it might be a
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 3
homeowner association issue. Lucy Crowley, another neighbor, also expressed her concerns.
Mayor Jablin indicated the City would do everything they could to prevent this from
happening again and to hold the parties involved responsible.
RESOLUTIONS:
Cheryl Stewart, Assistant to the City Manager, provided history and background for the
following resolutions. Each resolution was presented tonight with a recommended list of
members in accordance with new criteria. Vice Mayor Russo expressed concern that resumes
had not been provided to the City Council and also concerns regarding various boards.
Councilmember Delgado expressed concern that others had applied for the positions but if
staff did not recommend them, their applications had not been provided, and asked why the
Budget Oversight committee was limited to three members, which was discussed. Both Vice
Mayor Russo and Councilmember Delgado expressed concern with the overall process. The
resign to run provision was explained by the City Attorney, that it could not be included
because it was preempted by state law. Resident David Porter, present Chair of the Art
Advisory Committee, commented he had not been recommended to be retained and had not
been notified, expressed concern that continuity was important in this committee, and urged
the City Council to reconsider the recommended changes to this board. Mayor Jablin
apologized, but felt the new system was good to de-politicize the process, and had asked Mr.
Porter to continue work on the art for the flyover, chairing a separate committee for that
purpose. The Vice Mayor felt the City Council should have been involved in the whole
committee process, but now should either support the entire staff recommendation or not.
The City Manager reviewed how staff had made selections. Diane Capella, Birdwood Street,
expressed her opinion Mr. Porter should continue as Chair of the Art Advisory Committee.
Dennis Solomon, PGA National, suggested appointing Mr. Porter as an ex-officio member of
the committee for one year. Charles Wu explained the criteria used by staff for the selection
process. During discussion of why Mr. Bender had not been appointed, staff reported he had
not applied, but could apply after one year and that Mr. Porter could also do so. It was
decided to continue this discussion at a later time.
Resolution 182, 2004 – Appointment of members to the Planning, Zoning and Appeals
Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the appointment of regular and alternate members to the Planning, Zoning and
Appeals Board pursuant to Ordinance 17, 2004; and providing an effective date. Vice Mayor
Russo made a motion to approve Resolution 182, 2004. Councilmember Delgado seconded
the motion, which carried by unanimous 4-0 vote.
Resolution 179, 2004 – Appointment of members to the Art in Public Places Advisory
Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the appointment of regular and alternate members to the Art in Public Places
Advisory Board pursuant to Ordinance 17, 2004; and providing an effective date. Vice
Mayor Russo made a motion to approve Resolution 179, 2004. Councilmember Delgado
seconded the motion, which carried by unanimous 4-0 vote.
Resolution 180, 2004 – Appointment of members to the Community Aesthetics Board. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the
appointment of regular and alternate members to the Community Aesthetics Board pursuant
to Ordinance 17, 2004; and providing an effective date. Vice Mayor Russo made a motion to
approve Resolution 180, 2004. Councilmember Delgado seconded the motion, which carried
by unanimous 4-0 vote.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 4
Resolution 181, 2004 – Appointment of members to the Parks and Recreation Advisory
Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the appointment of regular and alternate members of the Parks and Recreation
Advisory Board pursuant to Ordinance 17, 2004; and providing an effective date. Vice
Mayor Russo made a motion to approve Resolution 181, 2004. Councilmember Delgado
seconded the motion, which carried by unanimous 4-0 vote.
Resolution 183, 2004 – Appointment of members to the Economic Development Advisory
Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving the appointment of regular and alternate members to the Economic Development
Advisory Board pursuant to Ordinance 17, 2004; and providing an effective date. Vice
Mayor Russo made a motion to approve Resolution 183, 2004. Councilmember Delgado
seconded the motion, which carried by unanimous 4-0 vote.
Resolution 184, 2004 – Appointment of members to the Budget Oversight Committee. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the
appointment of regular and alternate members to the Budget Oversight Committee pursuant
to Resolution 121, 2004; and providing an effective date. Vice Mayor Russo made a motion
to approve Resolution 184, 2004. Councilmember Delgado seconded the motion, which
carried by unanimous 4-0 vote.
Resolution 185, 2004 – Appointments to the Education Advisory Committee. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida approving the appointment
of regular and alternate members to the Education Advisory Committee pursuant to
Resolution 120, 2004; and providing an effective date. Vice Mayor Russo made a motion to
approve Resolution 185, 2004. Councilmember Levy seconded the motion, which carried by
unanimous 4-0 vote.
Following a short break, the meeting was reconvened.
PUBLIC HEARINGS:
Part I – Non-Quasi
Mayor Jablin announced he would not open the public hearings since they were all open
from the last meeting.
Ordinance 33, 2004 – (2nd reading and adoption). Amendment to the budget for Fiscal Year
beginning October 1, 2003 to September 30, 2004. An Ordinance of the City Council of the
City of Palm Beach Gardens, Florida amending the City of Palm Beach Gardens’ budget for
the fiscal year beginning October 1, 2003, and ending September 30, 2004, inclusive; and
providing an effective date. Finance Director Owens indicated no changes since first reading.
Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Vice
Mayor Russo made a motion to place Ordinance 33, 2004 on second reading and adoption.
Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote.
Ordinance 34, 2004 – (2nd reading and adoption). Compensation of Council Members. An
Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to
compensation of Council Members; creating a new Section 2-36, Code of Ordinances to be
entitled “Compensation of Mayor and Council”; providing for codification; and providing an
effective date. Hearing no comments from the public, Mayor Jablin declared the public
hearing closed. Councilmember Delgado reported phone calls expressing concern regarding
insurance for the Council members. Staff answered questions regarding insurance. Hearing
no comments from the public, Mayor Jablin declared the public hearing closed.
Councilmember Levy made a motion to adopt Ordinance 33, 2004 on second reading with
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 5
the amendment changing the language to be eligible for insurance from “after completion of
their term of office”, to state “after completion of at least one full three-year term of office”.
Vice Mayor Russo seconded the motion, and advised when this was first brought up he did
not agree with the amount, but agreed to abide by the decision by the other members and he
thought everyone should vote for this because an increase was needed. Councilmember
Delgado agreed and stated she still had a problem with the insurance part but not the salary
and she would vote for this. Motion carried by unanimous 4-0 vote.
Resolution 161, 2004 –Adopting a Tax Levy and Millage Rate. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida adopting a tax levy and Millage rate for
the City of Palm Beach Gardens for the fiscal year commencing October 1, 2004, and ending
September 30, 2005; directing the City Clerk to forward a Certified Copy Of This Resolution
To The Property Appraiser And Tax Collector Within Three (3) Days After Its Adoption;
And Providing An Effective Date; and Ordinance 37, 2004 -- Budget for Fiscal Year
2004/2005. (2nd reading and adoption). An Ordinance of the City Council of the City of
Palm Beach Gardens, Florida adopting a budget for the City of Palm Beach Gardens for the
Fiscal Year commencing October 1, 2004, and ending September 30, 2005; and providing an
effective date. Finance Director Owens provided background information for Resolution
161, 2004 and a budget presentation for Ordinance 37, 2004, including information on the
golf course which had been requested by Vice Mayor Russo. It was announced this was a
public hearing opened on September 28. Joan Elias, 1009 Diamond Head Way, commented
this was the first year many people were not present complaining about the budget,
indicating staff was doing a good job. Hearing no further comments from the public, Mayor
Jablin declared the public hearing closed. Vice Mayor Russo made a motion that the City of
Palm Beach Gardens propose to adopt the final millage rate of 6.026 mills which exceeds the
rolled back rate of 5.2829 mills by 9.18%. Councilmember Levy seconded the motion, which
carried by unanimous 4-0 vote. Vice Mayor Russo made a motion to approve Resolution
161, 2004 setting the final millage rate of 6.026 mills. Councilmember Delgado seconded the
motion, which carried by unanimous 4-0 vote. Vice Mayor Russo made a motion to approve
Ordinance 37, 2004 on second reading adopting the final budget for 2004/2005.
Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote.
Ordinance 38, 2004 – (2nd reading and adoption). Revised Impact Fee. An Ordinance of the
City Council of the City of Palm Beach Gardens, Florida amending Division IV of Chapter
78, Code of Ordinances entitled “Citywide Impact Fees” to update impact fees pursuant to
Section 78-95, Code of Ordinances; providing for codification; and providing an effective
date. Mayor Jablin stated the public hearing remained open. Changes were a
recommendation extending the effective date to November 1, 2004 and a recommendation to
provide an explanation of credit provisions within the table. Scott Worley, representing Gold
Coast Builders Association and the Realtors Association of Palm Beach County, expressed
concerns regarding timing of the increase, and made recommendations for changes including
phasing. Hearing no further comments, Mayor Jablin declared the public hearing closed.
Following lengthy discussion, consensus was to delay the effective date to December 1,
2005, with 45 days to issue a building permit. The City Attorney read into the record the
following language: This ordinance shall become effective immediately upon adoption;
however, the revised fee schedule shall apply to all substantially completed applications
received prior to December 1, 2004, provided that a building permit is issued within 45 days
of application. Councilmember Delgado made a motion to place Ordinance 38, 2004 on
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 6
second reading and adopt it with the change read into the record by the City Attorney.
Councilmember Levy seconded the motion, which carried by unanimous 4-0 vote.
Ordinance 36, 2004 – Proposed Annexation for a 61.9 Acre Parcel off of Northlake
Boulevard (1st reading). An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida annexing, pursuant to a petition for voluntary annexation, a parcel of real
property comprising of total of 61.9 acres, more or less, located on the North side of
Northlake Boulevard approximately one-half (0.5) miles West of the intersection of
Northlake Boulevard and Coconut Boulevard, in Palm Beach County, Florida, which is more
particularly described herein; declaring that the voluntary annexation petition bears the
signature of the owner of the real property annexed hereby; amending Article II of the City
Charter by redefining the corporate limits; and providing an effective date. Consensus was a
presentation was not desired. Hearing no comments from the public, Mayor Jablin declared
the public hearing closed. Councilmember Levy moved adoption of Ordinance 36, 2004 on
first reading by title only. Vice Mayor Russo announced he would not vote for this because
he believed it was going to vest other property owners and it was urban sprawl. Motion
carried 3-1.
Resolution 157, 2004 – Large Scale Land-Use Amendment for a 61.9 Acre Parcel off of
Northlake Boulevard. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida authorizing the transmittal of an amendment to the future land use map of the
Comprehensive Plan of the City of Palm beach Gardens relating to certain property
consisting of approximately 61.9 acres, generally located on the North side of Northlake
Boulevard approximately one-half (0.5) miles West of the intersection of Northlake
Boulevard and Coconut Boulevard, to change the land use designation from Palm Beach
County rural residential 20 (RR20) to City of Palm Beach Gardens residential very low
(RVL); and providing an effective date. Mayor Jablin announced this public hearing had
been opened Tuesday night. There were no comments from the public. Mayor Jablin
declared the public hearing closed. Councilmember Levy moved approval of Resolution 157,
2004. Councilmember Delgado seconded the motion. Vice Mayor Russo indicated he felt the
land use designation of land brought into the city should be RR20 and not RVL. Motion
carried 3-1 with Vice Mayor Russo opposed.
Resolution 158, 2004 – Transmittal of Comprehensive Plan Text Amendment. A Resolution
of the City Council of the City of Palm Beach Gardens, Florida authorizing the transmittal of
text amendments to the future land use element of the Comprehensive Plan of the City of
Palm Beach Gardens relating to rural residential land use categories and providing an
effective date. Mayor Jablin announced the public hearing was still open; hearing no
comments from the public, the Mayor declared the public hearing closed. Councilmember
Levy moved approval of Resolution 158, 2004. Councilmember Delgado seconded the
motion, which carried 3-1 with Vice Mayor Russo opposed.
Resolution 186, 2004 – Economic Development Element. A Resolution of the City Council
of the City of Palm Beach Gardens, Florida authorizing the transmittal of a new Economic
Development Element of the City of Palm Beach Gardens Comprehensive Plan; and
providing an effective date. Mayor Jablin announced the public hearing was still open;
hearing no comments from the public, the Mayor declared the public hearing closed.
Councilmember Levy moved approval of Resolution 186, 2004. Vice Mayor Russo seconded
the motion, which carried 4-0.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 7
Part II – Quasi Judicial
The City Clerk swore in all those present who intended to offer testimony in these cases.
Ordinance 31, 2004 – Batt Private School – (2nd reading and adoption) reconfigure entrance
drive and retention pond. An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida amending Ordinance 16, 2002 relating to the rezoning for the Batt School
Planned Unit Development (PUD) to transfer and amend the conditional use approval, site
plan approval, and related conditions through a separate resolution; and providing an
effective date. There were no ex-parte communications reported regarding the Batt Private
School. Mayor Jablin announced the public hearing was still open; hearing no comments
from the public, the Mayor declared the public hearing closed. Councilmember Delgado
moved adoption of Ordinance 31, 2004 on second reading. Councilmember Levy seconded
the motion, which carried by unanimous 4-0 vote.
Resolution 145, 2004 - Batt Private School transfer approval of the site plan, waivers, and
documents with a minor amendment. A Resolution of the City Council of the City of Palm
Beach Gardens, Florida approving an amendment to the development plans for the Batt
School Planned Unit Development (PUD), generally located on the North side of Hood road,
West of the Interstate 95 overpass, and East of the Ronald Reagan Turnpike overpass, as
more particularly described herein; providing for waivers; providing for conditions of
approval; and providing an effective date. The public hearing remained open; hearing no
comments from the public Mayor Jablin declared the public hearing closed. Councilmember
Delgado made a motion to approve Resolution 145, 2004. Councilmember Levy seconded
the motion. Motion carried by unanimous 4-0 vote.
CITY ATTORNEY REPORT:
City Attorney Tatum reported the Village of Wellington was looking for support in a
challenge of the county’s proposed annexation referendum, which would be presented at
the next meeting.
CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/30/04 8
ADJOURNMENT:
There being no further business to discuss, the meeting was adjourned at 9:46 p.m.
APPROVAL: ____________________________________
MAYOR JABLIN
____________________________________
VICE MAYOR RUSSO
____________________________________
COUNCILMEMBER DELGADO
____________________________________
COUNCILMEMBER LEVY
ATTEST:
____________________________________
PATRICIA SNIDER
CITY CLERK
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: August 17,2004
Meeting Date: October 21,2004
Resolution 175,2004
SubjecVAgenda Item: PGA National Shops on the Green Plat
[XI Recommendation to APPROVE
I ] Recommendation to DENY
Reviewed by:
Growth Management
Department
/ 4 City Attorney
Submitted by:
i. ‘-’
Judy A. Taylor Dye
Assistant City Engineer
)\;&.,,<.I 3-24” I I ‘;y
Approved by:
City Marfager
Originating Dept.:
Engineering
Judy A. Taylor Dye
Assistant City Engineer
++U k+ i J-+ ?- <.” ir <L,> <-
Advertised:
Date:
Paper:
[ X ] Not Required
Affected parties
[X ] Notified
-
[ ] Not required
Costs: $ NIA
(Total)
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved wl
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 175,2004
[ ]None
Page 2 of 2
Date Prepared: August 17,2004
Meeting Date: October 21,2004
Resolution 175,2004
STAFF RECOMMENDATION
The plat of PGA National Shops on the Green includes the PGA National Shops on the Green
located south of PGA Boulevard and west of the Florida Turnpike.
Staff recommends approval of Resolution 175,2004.
G:\attomey-shareMGENDA SUMMARYVLAT - pga national shops.doc
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RESOLUTION 175,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE PGA NATIONAL
SHOPS ON THE GREEN PLAT; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Engineer has reviewed the PGA National Shops on the Green
Plat; and
WHEREAS, the City Engineer has determined that the proposed plat meets all the
technical requirements of the City’s Land Development Regulations and Chapter 177,
Florida Statutes, and recommends approval of the plat; and
WHEREAS, the plat is consistent with the City’s Comprehensive Plan and LDRs;
and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The Mayor and City Clerk are hereby directed and authorized to
execute the Mylar of the PGA National Shops on the Green Plat consisting of two (2)
sheets, prepared by Nick Miller, 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: August 17, 2004
Date Prepared: August 17,2004
Resolution 175,2004
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PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl ENCY
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
AYE NAY ABSENT
d
G:\attorney-share\RESOLUTlONS\PLAT - PGA natinal shops on the green - reso 175 2004.doc
2
Date Prepared: August 17, 2004
Resolution 175. 2004
EXHIBIT A
0 9
P 4 I
c
h,
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 5,2004
Meeting Date: October 21,2004
Resolution 203,2004
SubjecVAgenda Item: A Resolution of the City Council of the City of Palm Beach
Gardens, Florida Authorizing and Directing Execution of the First Amendment and
Second Amendment to the Gas Tax Interlocal Agreement between the City of Palm
Beach Gardens and Palm Beach County, Florida; and Providing an Effective Date.
[XI Recommendation to APPROVE
I1 Recommendation to DENY
Reviewed by: r
Submitted by:
I
Appro d by: * I City Manager
Originating Dept.:
Administration
Advertised:
Date:
Paper:
[ x ] Not Required
1
Affected parties
[ ] Notified
[ x ] Not required
costs: $
(Total)
$- Current FY
1
Funding Source:
[ ]Operating
[ ]Other
Budget Acct.#:
Council Action:
[ ]Approved
[ ]Approved w/
conditions
[ ] Denied
[ ] Continued to:
Attachments:
Resolution 203, 2004
Amendment #1
Amendment #2
Resolution 49, 1995 wl
Resolution 99, 1993 wl
backup
backup
[ ]None
Date Prepared: October 5,2004
Meeting Date: October 21,2004
Resolution 203,2004
BACKGROUND: Palm Beach County levies local option gas taxes totaling 11 cents per
gallon which must be shared with municipalities. Six cents per gallon was first levied in
1986. This six cents tax is distributed pursuant to an interlocal agreement entered into in
1986 and renewed in 1995 (see attached Resolution 49,1995 adopted on April 20,1995).
This agreement provides that the County receives 66 2/3% of the revenue and
municipalities receive 33 1/3%. An additional five cents per gallon was first levied in 1993
(see attached Resolution 99,1993 adopted on August 5,1993) and is distributed pursuant
to a separate interlocal agreement providing for the County to receive 79% of the revenue
and the municipalities 21%. The shares were based on the previous five years’
transportation expenditures at the time the agreements were adopted. In each case, the
municipal share is then divided among the 37 cities in the County based 30% on
population and 70% on lane miles of public streets.
When Wellington was incorporated in 1997, the 33 1/3% and 21% municipal shares did
not change, so Wellington’s share had to be taken from the other previously existing cities.
As a result, the municipal share of local option gas tax revenues in 1997 were $1 98,000
less than in 1996. In order to avoid a recurrence of this situation, the Palm Beach County
League of Cities has been working with the County for the past seven years to have the
interlocal agreements regarding distribution of the local option gas tax amended. The
attached amendments accomplish that purpose.
The attached agreements provide that if a new municipality is created in Palm Beach
County, the new municipality’s share of the local option gas tax will come from the County
and the municipalities in the same proportion as the tax is currently being divided between
the two. That is, the County would contribute 66 213% and 79%, respectively, from the two
gas tax levies, with the balance coming from the municipalities. The total County and
municipal shares would then be recalculated to reduce the County share and increase the
municipal share in future years.
STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 203,
2004.
Date Prepared: October 5,2004
I
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RESOLUTION 203,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AUTHORIZING AND DIRECTING
EXECUTION OF THE FIRST AMENDMENT AND SECOND
AMENDMENT TO THE GAS TAX INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PALM BEACH GARDENS AND PALM
BEACH COUNTY, FLORIDA; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Palm Beach Gardens and Palm Beach County previously
entered into an Interlocal Gas Tax Agreement dated April 20, 1995; and
WHEREAS, Palm Beach County League of Cities has negotiated changes to the
Interlocal Agreement between its member cities and Palm Beach County which
provides for the distribution formula of gas tax; 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 Manager is hereby authorized to execute the First
Amendment and Second Amendment to the Interlocal Agreement between the City of
Palm Beach Gardens and Palm Beach County, which Amendments are attached
hereto.
SECTION 3. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
Date Prepared: October 5,2004
Resolution 203, 2004
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PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR RUSSO ---
COUNCILMEMBER DELGADO ---
COUNCILMEMBER LEVY ---
\\PbgsfileMttorney\attorney-.share\RESOLUTlONS\gas tax - reso 203 2004.doc
2
AMENDMENT #1 TO INTERLOCAL AGREEMENT
THIS AMENDMENT #1 to the Interlocal Agreement dated May, 1995, by and between Palm
Beach, a political subdivision of the State of Florida, hereinafter referred to as the “COUNTY” and
the City of Palm Beach Gardens, a municipal corporation located in Palm Beach County, organized
and existing in accordance with the laws of the State of Florida, hereinafter referred to as the
“MUNICIPALITY”, is made and entered into this day of October, 2004 (“Amendment #1”).
WITNESSETH:
WHEREAS, Section 336.025( l)(a), FZoridu Statutes, authorizes a one (l), two (2), three (3),
four (4), five (9, andor six (6) cent local option gas tax (“the Tax”) to be levied upon the sale of
every gallon of motor fuel and special fuel within the COUNTY; and
WHEREAS, the COUNTY and various MUNICIPALITIES entered into an Interlocal
Agreement in May, 1995, (“Interlocal Agreement”) to provide for the distribution formula for
dividing the proceeds of the tax among the COUNTY and all eligible municipalities within the
COUNTY; and
WHEREAS, the creation of a new municipality (the Village of Wellington) in Palm Beach
County negatively impacted the existing eligible municipalities, with no impact on the COUNTY, in
terms of this distribution formula; and
WHEREAS, the dissolution of an existing municipality (the Town of Golfview) in Palm
Beach County positively impacted, although in a minute way, the existing eligible municipalities,
with no impact on the COUNTY, in terms of this distribution formula; and
WHEREAS, the COUNTY and the MUNICIPALITY wish to amend the Interlocal
Agreement to provide for an equitable sharing of the impact of either the future creation of a new
municipality or the future dissolution of a municipality in Palm Beach County; and
-1-
WHEREAS, representatives of the COUNTY and the various municipalities, utilizing the
Palm Beach County League of Cities, Inc. (Successor to the Palm Beach County Municipal League
Inc.), have met and negotiated mutually acceptable terms and conditions for this Amendment #1
which are set forth herein; and
WHEREAS, this Amendment #1 will allow for more predictable financial planning for these
proceeds by the MUNICIPALITY and the COUNTY; and
WHEREAS, the Florida Legislature, under advisement from the Palm Beach County
Legislative Delegation, is the governmental entity which lawfully creates new municipalities and
under one method is similarly involved in dissolving a municipal corporation; and
WHEREAS, the COUNTY and the MUNICIPALITY, in conjunction with the Palm Beach
County League of Cities, Inc., intends that Palm Beach County Legislative Delegation and the
Florida Legislature (and Governor if deemed necessary) be made aware of this Amendment #l and
appropriately incorporate its provisions in any related future legislation.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained and for such other good and valuable consideration, the receipt of which the parties hereby
expressly acknowledge, the parties hereto covenant and agree to amend the terms and conditions of
the Interlocal Agreement as follows:
Section 1: Section 3. of the Interlocal Agreement shall be amended by the addition of
new subsections “C” “D” and “E” which shall hereafter read as follows:
3A. (This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
(This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
3C. In the event a new municipality is incorporated in Palm Beach County, its
share of the six (6) cent gas tax shall be provided from the shares formerly allocated
to the county and the collective municipalities as set forth below.
3B.
1. In the first full fiscal year following incorporation, the new
municipality will receive a sum based solely on its population as opposed to
the usual distribution formula of lane miles and population as set forth in
-2-
Section 4. of the Interlocal Agreement. Said sum shall be determined by
multiplying the population of the new municipality times the municipal
per capita distribution amount from the most recently available fiscal
year and shall be funded from the county’s and collective municipalities’
shares in accordance with the same percentages due to the county and
the collective municipalities as set forth in Section 3A above or any
amendment thereto (Le. currently sixty-six and two thirds percent (662’3%)
from the county’s share and thirty-three and one third percent (33”3%) from
the collective municipalities’ share; see Attachment 1 attached hereto which
shows an example of the calculations for a hypothetical new municipality
with a population of 40,000).
a. The combined county and collective municipalities’
contributions shall equal one hundred percent (100%) of the new
municipality’s share.
b. Section 4 below shall continue to apply as the distribution
formula for the remaining municipalities after their contribution to the new
municipality’s amount as set forth in Section 3C1 above.
2.
incorporation of the new municipality:
In the subsequent fiscal years after the first full fiscal year following
a. The percentage allocated to the county as set forth in Section
3A above or any current amendment thereto, shall be amended by reducing it
in an amount that reflects the county’s contribution to the new municipality’s
amount as set forth in Section 3C1, above.
b. Likewise, the percentage allocated to the collective
municipalities, including the new municipality, as set forth in Section 3A
above or any current amendment thereto, shall be amended by increasing it in
an amount that reflects the county’s contribution to the new municipality’s
amount as set forth in Section 3C1 above.
-3-
c. Section 4 below shall apply to the new municipality in all
annual distributions in the years after the first full fiscal year following
incorporation of the new municipality.
3D. In the event an existing municipality in Palm Beach County is dissolved, the
former municipality’s share of the six (6) cent gas tax shall be distributed to the
county and to the remaining collective municipalities by applying in reverse the
process set forth in Section 3C, above.
3E. In the event of proposed legislation which would either create or dissolve a
municipality in Palm Beach County, the county and the subject municipality agree
that the Palm Beach County Legislative Delegation and the Florida Legislature (and
Governor, if deemed necessary) be made aware of this Amendment #1 and
appropriately incorporate its provisions into such proposed legislation. The subject
municipality may accomplish this by supporting the Palm Beach County League of
Cities, Inc., as the organization that is in place to convey municipal consensus on
legislative matters.
Section 2: This Amendment #1 shall be attached to the Interlocal Agreement and shall
become a part thereof. All other Sections of the current Interlocal Agreement shall remain in full
force and effect as set forth in that Agreement and there shall be no changes to that Agreement with
the exception of those items specifically set forth in this Amendment #l.
Section 3: This Amendment #1 to the Interlocal Agreement shall take effect only upon
execution both by the COUNTY and those municipalities representing a majority of the population
of the incorporated areas of the COUNTY. In the event that either the COUNTY fails to execute this
Amendment #1 or in the event that those municipalities representing a majority of the population of
the incorporated areas of the COUNTY fail to execute this Amendment #1, then this Amendment #1
shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder.
-4-
IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set
forth above.
ATTEST: CITY OF PALM BEACH GARDENS
By:
Patricia Snider, City Clerk
By:
Eric Jablin, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
Christine P. Tatum, City Attorney
ATTEST:
By:
County Clerk
PALM BEACH COUNTY, FLORIDA BY
ITS BOARD OF COMMISSIONERS
By:
Chair
(SEAL)
G:\attomey-share\AGREEMENTS\Amendmentl -LocalGasTax-04.doc
-5-
ATTACHMENT
A new municipality's first year amount would be determined by its population and, in the case of
the six cents tax, 66.67% of this amount would come from the County's share and 33.33% from the
collective existing municipalities' share. Similarly, for the five cents tax, 79% would come from the
County's share and 2 1 % from the collective existing municipalities' share. The resulting slightly
lower percentage for the County's share of each tax would be carried forward and used as the split
in subsequent years. (In the attached example, the existing 66.67% - 33.33% split would become a
65.24% - 34.76% split and the existing 79% - 21% split would become a 77.93% - 22.07% split,)
Although the overall municipal portion increases, the existing municipalities' would also have their
individual shares reduced to provide the non-County portions for the new municipality.
In the attached example for a new city (population 40,000):
Palm Beach County's six-cent share goes from 66.67% to 65.24%
Overall municipal six-cent share goes from 33.33% to 34.76%
Palm Beach Garden's six-cent share goes from 1.19% to 1.16% (as one example)
Entit)
t
Atlantis
Belle Glade
Boca Raton
Boynton Bcach
Briny Bream
Cloud Lake
Dclray Beach
Glen Ndge
Golf
Grocnacrcs
Gu1htan-1
Haverhill
Highland Beach
Hypoluxo
Juno Bcach
Jupiter
Jupiter Inlet Colony
Lakc Clarke Shores
Lake Park
Lake Worth
Lantana
Manalapan
Mang& Park
North Palm Beach
Ocean Ridge
Pahoka
Palm Beach
Palm Beach Gardens
Palm Beach Shors
Palm Springs
Rivaia Beach
Royal Palm Beach
Souh Bay
South Patm Beach
Teqwsta
Wellington
West Palm Bcach
Distribution before New City
New City (population rH),ooO:
Total Municipal Distribution
county
Total
6 cent
62,687
25 5,394
1,367,787
803,913
3,208
4,03 1
1,107,932
11,351
14,997
237,045
20.105
26,880
23,876
9.938
3 1,788
607,880
6,975
7 1,749
101,828
372.252
165,147
I 1,453
20,616
181.224
59.542
48.871
136,541
359,121
25,115
l85.990
563,749
450,627
68,183
3,374
120,005
1,035,305
1,477,058
1 0.067.535
Culrcnt
6 ccnt %
0.21%
0.85%
4.53%
2.66%
0.01%
0.01%
0.04%
0.05%
0.78./0
0.07%
0.09%
0.08%
0.03%
0 11%
2.01%
0.02%
0 24%
0.36%
1.23%
0.55%
0.04%
0.6004
0.20%
0.16%
0.45%
1.19%
0.08%
0.62%
1.87%
1.52Yo
0.23%
0.01%
0.40%
3.43%
4.89%
33.33%
3.67%:
0 owb
5 cent
29,586
120,539
645,556
379,424
1,514
1,902
S22,9 I2
5,358
7,078
111,878
9,488
t 2.686
1 1.269
4.690
15,003
286,902
3,292
50,892
175,692
77,945
5.406
9,730
. 85,532
28,102
23,066
64,444
169,495
11,854
87,782
266,073
2 16,459
32,180
1,592
54,639
488,634
697.128
3.75 1.58s
33,864
J cent %
0.133
0.535
2.H l'!.
1.657
0.014
0.017
2.287
0.027
0.039
0.494
0.049
0.064
0.059
0.029
0.074
1.25'
0.019
0 159
0.22b
0.774
0.341
0.02:
0.3T
0.124
U.1P
U .a:
0.749
0.05'
0.384
I. 16?
0 941
0.14'
0.01'
6.25*
2.13'
3.04'
20.72'
1.35(
0.w:
Datm Beach County Local Opttea Gar Taxes
Interlocal Agreements
.4thchment 1
I - Equity Approach s cent %
0.13%
0 53%
2.85%
1.68%
0.01%
0.01%
2.31%
0.02%
0.03%
0.49%
0.04%
0.06%
0.05%
0.02%
0.07%
I .27%
0.01%
0.15%
0.22%
0.78%
0.34%
0.02%
0.04%
0.38%
0.12%
0.10%
0.28%
0.75'%
0.05%
0.39%
1.18%
O.%%
0.14%
0.01%
0.25%
2.16%
3.08%
2 1 .OO%
6 cent
61,345
249,929
1,338,516
786,709
3,139
3,945
1,084,221
11,108
14,676
23 1,972
19.673
26,305
23,365
9,725
31,107
594,871
6,825
70,2 14
9 105,521
364,285
161,613
20,174
177,345
47.825
133,6 19
351,435
24,578
182,010
55 1,684
448.8 12
66.724
3.302
117,437
t,013,149
1,445,447
9,852,082
646,360
I 1308
58,268
6 cen; %
0.20?4
0.83%
4.43%
2.60%
0.01%
0.01%
0.04%
0.05%
0.77%
0.07%
0.09%
0.08%
0.03%
0.10%
I .97%
0.02%
0.23%
0.3S%
1.21%
0.54%
0.04%
0.0Ph
0.59%
0 19%
0.16%
.3.Q$
0.44%
1.16%
0.08%
0.60%
1.83%
1.49%
0.22%
0.01%
0.39%
3.3SK
4.79%
32.62%
2.11%
5 cent
29.188
118,914
636.852
374.308
1,494
1,877
5 15.862
5,285
6,983
110,370
9,360
12,515
11,117
4.621
14,801
283,034
3,247
33,407
50,206
173,323
76,894
5,333
9,599
84.379
21.723
22,755
63,575
167,209
I 1,694
86,598
2 6 2,4 8 6
213,540
3 1,746
1.571
55,875
482,(146
687,729
4,687,522
305,063
4.75 1.585 10,498,44 I(] 10,061,535 -1
20,135.070 . 66.61%: I7,8i5,012 79.00% 19,704,164 .. 65.24%'
30,202,605 1OO.M)O/o 22,626,597 100.00% 30,202,605 100.00% 22,626.597 100.00!
4,992,585 22.07c
17,634,012 r- 77.93a
phaiciml Per Caoita Amount 623,030 Current Municipal Population
6 Cent - 10.W7.535 - 516.16 (S 16.15898913)
623,030
5 Cent 4.75 1,58S $7.63 (S7.62657496)
623,030
INCORPORATED PALM BEACH COUNTY
POPULATION AND LANE MILES DISTRIBUTION
YEAR 2003
LOCAL INCORP. % OF TOTAL INCORP. % OF TOTAL % LOCAL
GOVERNMENT POPULATION INCORP. POP. LANE MILES LANE MILES DISTRIBUTION
Atlantis 2,117
Belle Glade 14,887
Boca Raton 76,043
Boynton Beach 64,593
Briny Breezes 409
Cloud Lake 172
Delray Beach 62,578
Glen Ridge 268
Golf 228
Greenacres 29,883
Gulf Stream 720
Haverhill 1,502
Highland Beach 3,994
Hypoluxo 2,433
Juno Beach 3,506
Jupiter 44,087
Jupiter Inlet Colony 382
Lake Clarke Shores 3,463
Lake Park 8,749
Lake Worth 35,371
Lantana 9,501
Manalapan 32 1
Mangonia Park 2,338
North Palm Beach 12,339
Ocean Ridge 1,657
Pahokee 6,114
Palm Beach 9,682
Palm Bch Gardens 39,423
Palm Beach Shores 1,345
Palm Springs 12,944
Riviera Beach 31,223
Royal Palm Beach 27,212
South Bay 4,087
South Palm Beach 1,533
Wellington 46,208
West Palm Beach 90,721
Tequesta 5,333
0.32204281 9
2.264644049
11 S6783283
9.826032986
0.06221 8003
0.0261 65028
9.51 9506637
0.040768765
0.034683875
4.545869424
0.109528025
0.228487631
0.607576297
0.3701 13453
0.533340635
6.70661 3972
0.0581 10702
0.526799378
1.33091 7632
5.38071 6374
1.44531 357
0.048831245
0.355661838
1.877036537
0.252066581
0.930075483
1.472847698
5.9971 15762
0.204604436
1.969070503
4.74971 325
4.139550874
0.621723667
0.233203421
0.81 1268
7.02926528
13.80068333
27.5
91.3
506
253.6
0.6
1.63
41 1
5
7
52
8.4
9.86
1
0
7.8
212.76
2.6
28.12
86
200
71
5
7
67.96
26
9.9
43.3
67.9
9.55
60.07
107.4
175.66
61.8
0
47.49
345
543
0.77242851 5
2.564462671
14.21268468
7.123195326
0.01 6852986
0.045783945
11 54429526
0.140441 548
0.19661 81 68
1.4605921 02
0.235941 801
0.276950733
0.02808831
0
0.21 908881 5
5.97606876
0.073029605
0.789843267
2.41 559463
5.61 7661929
1.994269985
0.1 4044 1 548
0.19661 81 68
1 .go8881 524
0.730296051
0.278074265
1.21 6223808
1.9071 96225
0.268243357
1.68726476
3.01 6684456
4.933992472
1.735857536
0
1.33391 3825
9.690466828
15.25195214
0.64
2.47
13.42
7.93
0.03
0.04
10.94
0.1 1
0.15
2.39
0.20
0.26
0.20
0.1 1
0.31
6.20
0.07
0.71
2.09
5.55
1.83
0.1 1
0.24
1.90
0.59
0.47
1.29
3.13
0.25
1.77
3.54
4.70
1.40
0.07
1 .I8
8.89
14.82
Total 657,366 3,560.2 100
Note: The Local Distribution is based on 30% x city population/sum of city population
Plus 70% x city lane miles/sum of city lane miles.
AMENDMENT #2 TO INTERLOCAL AGREEMENT
THIS AMENDMENT #2 to the Interlocal Agreement dated August, 1993 and amended in
May, 1995, by and between Palm Beach, a political subdivision of the State of Florida, hereinafter
referred to as the “COUNTY” and the City of Palm Beach Gardens, a municipal corporation located
in Palm Beach County, organized and existing in accordance with the laws of the State of Florida,
hereinafter referred to as the “MUNICIPALITY”, is made and entered into this day of
October, 2004 (“Amendment #2”).
WITNESSETH:
WHEREAS, Section 336.025( l)(b), Florida Statutes, authorizes a one (1), two (2), three (3),
four (4), and/or five (5) cent local option gas tax (“the Tax”) to be levied upon the sale of every
gallon of motor fuel and special fuel within the COUNTY; and
WHEREAS, the COUNTY and various MUNICIPALITIES entered into an Interlocal
Agreement in August of 1993 which was amended by the parties in May, 1995, (“Interlocal
Agreement”) to provide for the distribution formula for dividing the proceeds of the tax among the
COUNTY and all eligible municipalities within the COUNTY; and
WHEREAS, the creation of a new municipality (the Village of Wellington) in Palm Beach
County negatively impacted the existing eligible municipalities, with no impact on the COUNTY, in
terms of this distribution formula; and
WHEREAS, the dissolution of an existing municipality (the Town of Golfview) in Palm
Beach County positively impacted, although in a minute way, the existing eligible municipalities,
with no impact on the COUNTY, in terms of this distribution formula; and
WHEREAS, the COUNTY and the MUNICIPALITY wish to amend the Interlocal
Agreement to provide for an equitable sharing of the impact of either the future creation of a new
municipality or the fiture dissolution of a municipality in Palm Beach County; and
WHEREAS, representatives of the COUNTY and the various municipalities, utilizing the
Palm Beach County League of Cities, Inc. (Successor to the Palm Beach County Municipal League
-1 -
Inc.), have met and negotiated mutually acceptable terms and conditions for this Amendment #2
which are set forth herein; and
WHEREAS, this Amendment #2 will allow for more predictable financial planning for these
proceeds by the MUNICIPALITY and the COUNTY; and
WHEREAS, the Florida Legislature, under advisement from the Palm Beach County
Legislative Delegation, is the governmental entity which lawfully creates new municipalities and
under one method is similarly involved in dissolving a municipal corporation; and
WHEREAS, the COUNTY and the MUNICIPALITY, in conjunction with the Palm Beach
County League of Cities, Inc., intends that Palm Beach County Legislative Delegation and the
Florida Legislature (and Governor if deemed necessary) be made aware of this Amendment #2 and
appropriately incorporate its provisions in any related future legislation.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained and for such other good and valuable consideration, the receipt of which the parties hereby
expressly acknowledge, the parties hereto covenant and agree to amend the terms and conditions of
the Interlocal Agreement as follows:
Section 1 : Section 2. of the Interlocal Agreement shall be amended by the addition of
new subsections “C” “D” and “E” which shall hereafter read as follows:
2A. (This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
(This subsection shall remain in full force and effect as set forth in the
Interlocal Agreement)
2C. In the event a new municipality is incorporated in Palm Beach County, its
share of the tax collected pursuant to the ordinance referenced in the Agreement shall
be provided from the shares formerly allocated to the county and the collective
municipalities as set forth below.
2B.
1. In the first full fiscal year following incorporation, the new
municipality will receive a sum based solely on its population as opposed to
the usual distribution formula of lane miles and population as set forth in
Section 3. of the Interlocal Agreement. Said sum shall be determined by
-2-
multiplying the population of the new municipality times the municipal
per capita distribution amount from the most recently available fiscal
year and shall be funded from the county’s and collective municipalities’
shares in accordance with the same percentages due to the county and
the collective municipalities as set forth in Section 2A above or any
amendment thereto (Le. currently seventy-nine percent (79%) from the
county’s share and twenty-one percent (21%) from the collective
municipalities’ share; see Attachment 1 attached hereto which shows an
example of the calculations for a hypothetical new municipality with a
population of 40,000).
a. The combined county and collective municipalities’
contributions shall equal one hundred percent (100%) of the new
municipality’s share.
b. Section 3. below shall continue to apply as the distribution
formula for the remaining municipalities after their contribution to the new
municipality’s amount as set forth in Section 2C1 above.
2.
incorporation of the new municipality:
In the subsequent fiscal years after the first full fiscal year following
a. The percentage allocated to the county as set forth in Section
2A above or any current amendment thereto, shall be amended by reducing it
in an amount that reflects the county’s contribution to the new municipality’s
amount as set forth in Section 2C 1, above.
b. Likewise, the percentage allocated to the collective
municipalities, including the new municipality, as set forth in Section 2A
above or any current amendment thereto, shall be amended by increasing it in
an amount that reflects the county’s contribution to the new municipality’s
amount as set forth in Section 2C1 above.
-3-
c. Section 3. below shall apply to the new municipality in all
annual distributions in the years after the first hll fiscal year following
incorporation of the new municipality.
2D. In the event an existing municipality in Palm Beach County is dissolved, the
former municipality’s share of the gas tax shall be distributed to the county and to the
remaining collective municipalities by applying in reverse the process set forth in
Section 2C, above.
2E. In the event of proposed legislation which would either create or dissolve a
municipality in Palm Beach County, the county and the subject municipality agree
that the Palm Beach County Legislative Delegation and the Florida Legislature (and
Governor, if deemed necessary) be made aware of this Amendment #2 and
appropriately incorporate its provisions into such proposed legislation. The subject
municipality may accomplish this by supporting the Palm Beach County League of
Cities, Inc., as the organization that is in place to convey municipal consensus on
legislative matters.
Section 2: This Amendment #2 shall be attached to the Interlocal Agreement and shall
become a part thereof. All other Sections of the current Interlocal Agreement shall remain in full
force and effect as set forth in that Agreement and there shall be no changes to that Agreement with
the exception of those items specifically set forth in this Amendment #2.
Section 3: This Amendment #2 to the Interlocal Agreement shall take effect only upon
execution both by the COUNTY and those municipalities representing a majority of the population
of the incorporated areas of the COUNTY. In the event that either the COUNTY fails to execute this
Amendment #2 or in the event that those municipalities representing a majority of the population of
the incorporated areas of the COUNTY fail to execute this Amendment #2, then this Amendment #2
shall be null and void and the parties hereto shall have no further rights or responsibilities hereunder.
-4-
IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set
forth above.
ATTEST: CITY OF PALM BEACH GARDENS
By:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
By:
Christine P. Tatum, City Attorney
ATTEST:
By:
County Clerk
By:
Eric Jablin, Mayor
PALM BEACH COUNTY, FLORIDA BY
ITS BOARD OF COMMISSIONERS
By:
Chair
G:\attomey~share\AGREEMENTS\Amendment2-LocalGasTax-O4.doc
-5-
ATTACHMENT
A new municipality's first year amount would be determined by its population and, in the case of
the six cents tax, 66.67% of this amount would come from the County's share and 33.33% from the
collective existing municipalities' share. Similarly, for the five cents tax, 79% would come from the
County's share and 2 1 % from the collective existing municipalities' share. The resulting slightly
lower percentage for the County's share of each tax would be carried forward and used as the split
in subsequent years. (In the attached example, the existing 66.67% - 33.33% split would become a
65.24% - 34.76% split and the existing 79% - 21% split would become a 77.93% - 22.07% split.)
Although the overall municipal portion increases, the existing municipalities' would also have their
individual shares reduced to provide the non-County portions for the new municipality.
In the attached example for a new city (population 40,000):
Palm Beach County's six-cent share goes from 66.67% to 65.24%
Overall municipal six-cent share goes from 33.33% to 34.76%
Palm Beach Garden's six-cent share goes from 1.19% to 1.16% (as one example)
Potm Beach County Local Option Csr Tares
Interlocal Agreements
Atlacbment 1
Entity
Atlantis
Belle Glade
Eoca Raton
Boynton Bcach
Briny Breezes
Cloud Lake
Delray Beach
Glen hdgc
Golf
Grtcnacm
Gulfsmam
Havethill
Highland Bcach
Hypoluxo
Juno Bcach
Jupita
Jupiter Inlet Colony
Lake Clarke Shorrs
Lake Park
Lake Worth
Lantana
Mandqan
Mangonia Park
North Palm Beach
Ocean Ridge
Pahoka
Palm Beach
Palm Beach Gardens
Palm Bcach Shores
Palm Springs
Riveria Beach
Royal Palm Beach
South Bay
South Paim Bcach
'requests
Wellington
West Palm Beach
Distribution before New City
New City (population 40,OOO:
Total .Municipal Distnbution
county
Total
Cument
6 cmi
62,687
255.394
1,367,787
803,913
3.208
4,03 1
1,107,932
11,351
14,997
237,045
20. IO3
26,880
23,876
9.938
3 1,788
607,880
6,975
7 1,749
107.828
372,252
162,147
11,453
20,616
181.224
59.542
136,541
359,12 1
25,115
185.990
563,749
458,627
68,183
3,374
120,005
1,035,305
1,477.058
10.067.535
4a.871
6 ccnt %
0.2 I %
0.35%
4.53%
2.66%
0.01%
0.01%
0.04%
0.05%
0.78%
0.07%
0.09%
0.08%
0.03%
0 11%
2.01%
0.02%
0 24%
0.36%
1.23%
0.55%
0.04%
0 07%
O.W?B
0.20%
0.16%
0.45%
1.19%
0.08%
3.67%:
0.6%
1.87Yo
1.52Yo
0.23.h
0.01%
0.40%
3.43%
4.89%
33.33%
5 cent
29,586
120,539
645,556
379.424
1,514
1,902
522,9 I2
5.358
7,078
111,878
9,488
t2.686
I 1,269
4.690
15,003
286,902
3,292
33,1164
50,892
175,692
77,945
5.406
9,730 . 85,532
28,102
23,066
64,444
169,495
11,854
87,782
266.073
216,459
32,180
1,592
56.639
488,634
697,128
4,75 1.585
5 ccot Ye
0. I394
0 53%
I .68%
0.01%
0.0 1 Yo
2.31%
0.02%
0.03%
0.49%
0.04%
0.06%
0.05%
0.02%
0.07%
1.27%
0.01%
0.15%
0.78%
0.34%
0.02%
0.04%
0.38Yo
0.12%
0.10%
0.28%
0.7556
0.05%
0.39%
1.18%
0.96%
0.14%
0.01%
0.25%
2.[6%
3.08%
2 1 .OO%
2.m.
0.22%
6 cent
6 I ,345
249,929
1.338,s 16
786,709
3,139
3,945
1,084,221
11.108
14,676
23 1,972
19,673
26,305
23,365
9,725
31,107
594,871
6,825
70,214
364,285
16 1,613
1 1,208
20,174
177,345
58,268
47.825
133,619
351,435
24,578
182,010
55 1,684
448.8 12
64.724
3.302
117,437
1,013.149
1,445,447
9,852,082
616,360
e 105,521
10,061,535 1-1
~~ Equity Approach
6 cent %
020%
0.83%
4.43%
2.60%
0.01%
0.01 %
0.04%
0.05%
0.77%
0.07%
0.09%
0.08%
0.03%
0.10%
1.970/.
0.02Yo
0.23%
0.3s”.
1.21%
0.54%
0.04%
0.07%
0.59%
0 19,
0.16Y.
‘3*X
0.44%
0.08%
1.16%
0.60%
1.83%
1.49%
0.21%
0.0 I %
0.39%
3.35%
4.19%
32.62%
2.11%
5 cent
29,188
118,914
636.852
374,308
1,494
1.877
5 15.862
5,285
6,983
110,370
9.360
12,515
11,117
4.627
14,801
283,034
3,247
33,407
50,206
173,323
76,894
5,333
9,599
04,379
27.723
22,755
63,575
167,209
A‘ t 1,694
262,486
213,540
31,746
1.571
55,875
482,046
687.729
4,687,522
305,063
66,5911
4.75 1,585 VI 10,498.44 I I”””)
-
5 cent YO
9.133
0.53?
2.8 I”.
1.659
0.015
0.0 1 .r
2.287
0.027
0.034
0.499
0.049
0.064
0.059
0.029
0.074
1.259
0.019
rJ 159
0.ZP
0.774
0.349
0.029
(r.1)4$
0.374
0. I24
o.i(yi u .2aY
0.749
0.05’
OX
I. 16!
0941
0.14‘
0.01‘
0.25G
2.13‘
3.04‘
20.721
1.35c
4,992,585 22.01‘
17,634,012 r 77.934 7Y.W/o 19.704.164, 65.24%’
100.00% 30,202,605 100.00% 22,626.597 100.00’
&&&Qal Per Caolta Amount 623,030 Current Municipal Population
6 Cent - - 10,06?,535 - 516. I6 (S 16.1589891 3)
623.030
5 Cent 4.75 1,585 = 37.63 (S7.62657496)
623,030
INCORPORATED PALM BEACH COUNTY
POPULATION AND LANE MILES DISTRIBUTION
YEAR 2003
LOCAL INCORP. % OF TOTAL INCORP. % OF TOTAL % LOCAL
GOVERNMENT POPULATION INCORP. POP. LANE MILES LANE MILES DISTRIBUTION
Atlantis 2,117
Belle Glade 14,887
Boca Raton 76,043
Boynton Beach 64,593
Briny Breezes 409
Cloud Lake 172
Delray Beach 62,578
Glen Ridge 268
Golf 228
Greenacres 29,883
Gulf Stream 720
Haverhill 1,502
Highland Beach 3,994
Hypoluxo 2,433
Juno Beach 3,506
Jupiter 44,087
Jupiter Inlet Colony 382
Lake Clarke Shores 3,463
Lake Park 8,749
Lake Worth 35,371
Lantana 9,501
Manalapan 32 1
Mangonia Park 2,338
North Palm Beach 12,339
Ocean Ridge 1,657
Pahokee 6,114
Palm Beach 9,682
Palm Bch Gardens 39,423
Palm Beach Shores 1,345
Palm Springs 12,944
Riviera Beach 31,223
Royal Palm Beach 27,212
South Bay 4,087
South Palm Beach 1,533
Wellington 46,208
West Palm Beach 90,721
Tequesta 5,333
0.32204281 9
2.264644049
11 56783283
9.826032986
0.06221 8003
0.026165028
9.51 9506637
0.040768765
0.034683875
4.545869424
0.109528025
0.228487631
0.607576297
0.3701 13453
0.533340635
6.70661 3972
0.0581 10702
0.526799378
1.33091 7632
5.38071 6374
1.44531 357
0.048831245
0.355661838
1.877036537
0.252066581
0.930075483
1.472847698
5.9971 15762
0.204604436
1.969070503
4.74971 325
4.139550874
0.621 723667
0.233203421
0.81 1268
7.02926528
13.80068333
27.5
91.3
506
253.6
0.6
1.63
41 1
5
7
52
8.4
9.86
1
0
7.8
212.76
2.6
28.12
86
200
71
5
7
67.96
26
9.9
43.3
67.9
9.55
60.07
107.4
175.66
61.8
0
47.49
345
543
0.77242851 5
2.564462671
14.21268468
7.123195326
0.016852986
0.045783945
11 54429526
0.140441 548
0.19661 81 68
1.4605921 02
0.235941801
0.276950733
0.02808831
0
0.21 908881 5
5.97606876
0.073029605
0.789843267
2.41559463
5.617661929
1.994269985
0.140441548
0.1 9661 81 68
1 .go8881 524
0.730296051
0.278074265
1.21 6223808
1.9071 96225
0.268243357
1.68726476
3.01 6684456
4.933992472
1.735857536
0
1.33391 3825
9.690466828
15.25195214
0.64
2.47
13.42
7.93
0.03
0.04
10.94
0.1 1
0.15
2.39
0.20
0.26
0.20
0.1 1
0.31
6.20
0.07
0.71
2.09
5.55
1.83
0.1 1
0.24
1.90
0.59
0.47
1.29
3.13
0.25
1.77
3.54
4.70
1.40
0.07
1.18
8.89
14.82
Total 657,366 3,560.2 100
Note: The Local Distribution is based on 30% x city populationlsum of city population
Plus 70% x city lane miles/sum of city lane miles.
RESOLUTION 49, 1995
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING AN
INTERLOCAL AGREEMENT BETWEEN PALM BEACH COUNTY
AND THE CITY OF PALM BEACH GARDENS RE: LOCAL
OPTION GAS TAX, AND AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE THREE COPIES OF SAID
INTERLOCAL AGREEMENT.
WHEREAS, Section 336.025 (1) (a) , Florida Statutes enacted by
the Florida Legislature authorizes a one (l), two (2), three (3),
four (4), five (5) and/or six (6) cent local option gas tax to be
levied upon the sale of every gallon of motor fuel and special fuel
within the County; and
WHEREAS, said statute contemplates an interlocal agreement by
and between the County and the City of Palm Beach Gardens to
establish a distribution formula for dividing the proceeds of said
tax among County government and all eligible municipalities within
the County; and
WHEREAS, the parties already have in effect an Interlocal
Agreement(s) providing for distribution of the first (lst), second
(2nd), third (3rd), fourth (4th), fifth (5th) and sixth (6th) cents
of the local option gas tax; and
WHEREAS, the Interlocal Agreement(s) providing for such
distribution will expire on or about August 31, 1995; and
WHEREAS, representatives of the County and the various
municipalities have met and negotiated mutually acceptable terms
and conditions for a new Interlocal Agreement which are set forth
herein; and .
WHEREAS, this Interlocal Agreement must be approved and
executed by the County and a sufficient number of municipalities in
the County which represent a majority of the population of the
incorporated area within the County not later than May 31, 1995.
OF PALM BEACH GARDENS, FLORIDA:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
SECTION 1. The City Council of the City of Palm Beach Gardens
hereby approves the Interlocal Agreement between Palm Beach County
and the City of Palm Beach Gardens, a copy of which is attached
hereto.
SECTION 2. The Mayor and city Clerk are hereby authorized and
.
.. ... . - .. .
directed to execute three (3) copies of said Interlocal Agreement.
Upon execution of said document (IS) the City Clerk SECTION 3.
is hereby directed to mail originals to the Municipal League
Office, Attention: Jack Horniman, Executive Director, P.O. Box
1989, Governmental Center, West Palm Beach, Florida 33402.
SECTION 4. This Resolution sh
INTRODUCED, PASSED AND ADOPTED THIS A&
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
4 BY: U*
MMAS J. BAWD, -ATTORNEY
VOTE : AYE NAY ABSENT
MAYOR RUSSO J-- VICE MAYOR FURTADO 7 d -- COUNCILMAN MONROE I-- COUNCILMAN JABLIN
COUNCILWOMAN CLARK ---
Palm Beach County MUNICIPAL LEAGUE
P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIOA 33402 (407)355-4484
MEMORANDUM
To: Municipalities /7
=on: Jack L. Horniman, Ex@& Director
DATE : May 18, 1995
RE: Local Option Gas Tax Interlocal Agreement
Enclosed please find a fully executed copy of the Local Option Gas
Tax Interlocal Agreement and Amendment I1 for your files.
Also enclosed is a letter from Lee W. Collum, Director of
Engineering and Public Works, City of West Palm Beach.
Mr. Collum was the Municipal League Coordinator who assimilated
the population and lane miles data submitted by the cities in order
to formulate Exhibit A.
Please file Exhibit A with your copy of the Local Option Gas Tax
Interlocal Agreement and Amendment Y1.
The Municipal League appreciates the responsiveness and cooperation
which the cities and towns provided in this effort.
drh
Enclosures
EXHl8lT 'A'
INCORPORATED PALM BEACH COUNTY
POPULATION AND LANE MILES DISTRIBUTION
END OF YEAR 1994
CITY
Atlantis
Belle Glade
Boca Raton
Boynton Beach
Briny Breezes
Cloud Lake
Delray Beach
Glen Ridge
Golf Village
Golfview
Greenacres City
Gulfstream
Havehill
Highland Beach
Hypoluxo
Juno Beach
Jupiter
Jupiter Inlet Colony
Lake Clarke Shores
Lake Park
Lake Worth
Lantana
Manalapan
Mangonia Park
North Palm Beach
Ocean Ridge
Pahokee
Palm Beach
Palm Beach Gardens
Palm Beach Shores
Palm Springs
Riviera Beach
Royal Palm Beach
South Bay
South Palm Beach
Tequesta
West Palm Beach
INCORPORATED
POPULATION
1,685
17,139
65,901
48,848
398
121
49,298
21 5
193
151
22,742
708
1,193
3,256
1,127
2,258
27.809
41 0
3,646
6,805
29,125
8,379
324
1.419
11,836
1,615
6,937
9,855
30,046
1,039
9,798
27,259
16,720
4,027
1,483
4,567
74,622 . 492.954
PERCENT OF
TOTAL INC. INCORPORATED
POPULATION
0.34
3.48
13.37
9.91
0.08
0.02
10.00
0.04
0.04
0.03
4.61
0.14
0.24
0.66
0.23
0.46
5.64
0.08
0.74
1.38
5.91
1.70
0.07
0.29
2.40
0.33
1.41
2.00
6.10
0.21
5.53
3.39
0.82
0.30
0.93
15.14
.1.99
LANE MILES
24.0
134.3
502.0
244.4
0.0
1.4
392.1
3.3
7.0
2.4
24.5
10.0
8.8
4.0
1.3
3.6
141 .O
5.4
27.7
59.4
194.2
61 .O
9.2
14.0
52.3
26.0
18.4
94.6
114.0
10.3
26.0
208.0
156.8
31 .O
0.0
45.2
471.7
3129.3
PERCENT OF
TOTAL INC.
LANE MILES
0.77
4.29
16.04
7.81
0.00
0.04
12.53
0.11
0.22
0.08
0.78
0.32
0.28
0.13
0.04
0.12
4.51
0.17
0.89
1.90
6.21
1.95
0.29
0.45
1.67
0.83
0.59
3.02
3.64
0.33
0.83
6.65
5.01
0.99
0.00
1.45
15.07
PERCENT
LOCAL
DISTRIBUTION
0.639
4.047
15.240
8.440
0.024
0.039
11.771
0.087
0.168
0.063
1.932
0.267
0.269
0.288
0.098
0.21 8
4.046
0.148
0.842
1.743
0.117
1.874
0.226
0.400
1.890
0.680
0.834
2.716
4.379
0.294
1.178
0.312
0.939
0.090
1.290
15.093
100
4.525 I
i
I
i
-. -. . . ~ . . .. . . . . . .- . . . . . .-
4 lw
ENGINEERING & PUBLIC WORKS DEPARTMENT
P. 0 Box 3366
West Palm Beach, Florida 33402
EngineennglStreets - Tel: 659-8040
Solid WastelStreet Lighting - Tel: 659-8047
The
- Fax: 407fi59-8639 WJ Talm !Beach
"Tlie Orchid City"
May 12, 1995
Jack Homiman
Palm Beach County Municipal League
Palm Beach County Governmental Center
P.O. Box 1989
West Pplm Beach, FL 33401
Subject: Local Option Gas Tax
Amended Distribution for Cities - Yearly Review
0
0
a
e
9
e
8
0 Dear h4r. Homiman:
Under the State Statutes and inter14 agreements between the Cities and Cow* local option gas tax
distribution is reviewed each year for changes in population and lane miles of road mamtenance. Twenty of the
thuty-seven municipalities responded to the request for an update in lane miles. 9
As COordinaM for the Palm &ach County Municipal Leagues, submitted herewith is a copy of
by city of Exhibit 'A' to the agreement as of the end of the year 1994. The agreement calls foe?:
fmiuded to the County and the County is to now the Department of Revensby June 1,1995, of the updated
distribution for the coming year. Conknation of the Depariuient of Revenwe notification is requested.
If there is any question, or if this office can be of further assistance, please do not hesitate toeall.
, e
Sincerely,
Director of Engineering and Public Works
Attachment: Exhibit 'A'
cc: George Webb, Palm J3each County Engineer
Maureen Cullen, Palm Beach County Chief Assistant Attorney
Haney Frakes. Palm Beach County Assistant Engineer
LWC/IEWk: gtrevltr.wpd
i
'b
J
e a
e
L
a
s.a
Be A PART OF HISTORY!
WEST PALM BEACH CENTENNIAL COMMITTEE
, 1995 by and between
Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the
JUL 1 1 1995 This Agreement is made this 20 th day of April -
"COUNTY" and City of Palm Beach Garden- a municipal Corporation located in Palm
Beach County, organized and existing in accordance with the laws of the State of Florida, hereinafter
referred to as the "MUNICIPALITY."
WITNESSETH:
WHEREAS, Section 334.025( l)(a), Florida Statutes, enacted by the Florida Legislature
authorizes a one (I), two (Z), three (3), four (4), five (5) and/or six (6) cent local option gas tax to
be levied upon the sale of every gallon of motor fuel and special fuel within the COUNTY; and
WHEREAS, said statute contem?lates an interlocal agreement by and between the COUNTY
and the MUNIClPALlTIES located therein to establish a distribution formula for dividing the
&oceeds of said tax among COUNTY government and all eligible MUNICIPALITIES within the
COUNTY; and
WHEREAS, the parties already have in effect an Interlocal Agreement@) providing for
distribution of the first (Ist), second (2nd), third (3rd), fourth (4th), fifth (5th) and sixth (6th) cents
of the local option gas tax; and
WHEREAS, the Interlocal Agreement(s) providing for such distribution will expire on or
about August 3 1, 1995; and
WHEREAS, representatives of the COUNTY and the various MUNICIPALITIES have met
arid negotiated mutually acceptable terms and conditions for a new Interlocal Agreement which are
set fo'ortli herein; and
WHEREAS. this Interlocal Agreement must be approved and executed by the COUNTY and
a sufficient number of MUNICIPALITIES in the COUNTY which represent a majority of the
population of the iticorporated area within the COUNTY not later than May 3 I, 1995.
NOW, THEREFORE, in consideration of the premises and mutual covenants hereiii contained
and for such other good and valuable consideration, the receipt of which the parties hereby expressly
acknowledge, the parties hereto covenait aud agree to the following terms and conditions:
P
. . . ._ . . - - .
1. This Agreement is entered into with tlie specific contemplation that the Board of
County Coinmissioners of Palm Beach County will enact an appropriate ordinance to extend the six
(6) cents local option gas tax previously levied for an additional period of time with said tax being
imposed effective on September 1, 1995. In the event the Board of County Commissioners of Palm
Beach County fails or rehses to enact said ordinance to extend the six (6) cents tax, this Agreement
shall be null and void.
2. The terms of this Agreement shall be for the same duration as the amendment to the
local option gas tax ordinance identified in paragraph 1 hereof extending tlie levy of the six (6) cents.
Upon expiration of the period for which said tax is levied as provided for in the amendment to the
COUNTY ordinance, this Ageenlent shall terminate except that if the Board of County
Cornniissioners reimposes said ta.. as provided in Section l(a) of said statute, this Agreement may
be renewed as provided therein.
A.. 3. All proceeds of the six (6) cents of the tax collected pursuant to said statute
shall be divided between the COUNTY and the municipalities as follows; or as may be mutually
agreed upon by the parties pursuant to paragraph 16:
1. The COUNTY shall receive two-thirds
(Z3) of all sums collected. .. 11. The municipalities collectively shall
receive one-third (1/3) of all sums
collected.
B. All money slid1 be collected and distributed to the respective parties as
provided in Section 336.025(2), Florida Statutes.
4. Each MUNLCIPALITY eligible to participate in the distribution of the proceeds of
said ta.x shall receive a pro rata share of the aforesaid one-third (1/3) MUNICIPALITY share
pursuant to a formula that will be based seventy percent (70%) on lane miles located within a
MUNICIPALITY for which the MUMCIPALITY is responsible for maintenance and thirty percent
(30%) upon the population of the MUNICIPALITY based upon the most recent University of Florida
Population Estimate. Said formula is:
-2-
30% x (city population) + 70% x (city lane miles) = Local Distribution
(sum of city population) (sum of city lane miles)
E.uhibit A attached hereto and incorporated herein by reference identifies each eligible
MUNICLPALITY's pro rata share of the b1UNICIPALITIES' collective one-third (1/3) share. Said
distribution may be amended not more than once annually by the Palm Beach County Municipal
League, Inc., preparing on behalf of the said MUNICIPALITIES a new Exhibit "A" based upon
changes in the foregoing criteria and submitting same by June 1st of any year to the County
Administrator who shall in turn transmit same to the Department of Revenue.
5. This is one of several Interlocal Agreements between the COUNTY and various
MUNICIPALITIES providing the Same terms for the division and distribution of the proceeds of the
first six (6) cents of the local option gas tax. As such, this Interlocal Agreement may be executed in
one (1) or more counterparts, each of which shalI be deemed an original, but all of which shall
constitute one (1) in the same instrument (the Interlocal Agreement) for the purpose of Section
336.025, Florida Statutes. The Interlocal Agreement constitutes an interlocal agreement between the
COUNTY and the MUNICIPALITIES located therein representing a majority of the incorporated
area population within the COUNTY.
6. The parties agree to meet every two (2) years to evaluate the method of distribution
ofthe local option gas tax revenues in accordance with Section 336.025( l)(d), Florida Statute$. The
MUNICIPALITIES shall be collectively represented at such meeting by the Palm Beach County
Municipal Leayue, Inc. and the COUNTY by representatives as selected by the County
Ad~nistrator's ofice. The Municipal League or the County may call for such meeting by providing
thirty (30) days notice to the other as set forth in paragraph 13 herein.
7. Nothing in this Agreement shall preclude either party fiom litigating against the other
on matters completely unrelated to and not Contemplated by this Agreement.
8. This Agreement shall take effkct only upon execution both by the COUNTY and those
MUNICLPALITLES representing a majority of the population of the incorporated areas of the
COUNTY. In the event that either the COUNTY fails or refuses to execute this Agreement or in the
event that those MUNICIPALITIES representing a majority of the population of the incorporated
-3-
- .... . . . ..
areas of the COUNTY fail to execute this Agreement, then this Agreement automatically shall be null
and void and the parties hereto shall have no hrther rights or responsibilities hereunder.
9. The invalidity of any portion, article, paragraph, provision, clause or any portion
thereof of this Agreement shall have no affect upon the validity of any other part or portion hereof
To the extent allowed by law, the venue for any action arising fiom this Agreement 10.
shall be in Palm Beach County, Florida.
1 1. This Ageement shall be governed by and in accordance with the laws of the State of
'Florida.
12. In any action brought by either party for the enforcement of the obligations of the
other party, the prevailing party shall be entitled to recover redsonable attorneys' fees.
13. Any notice given under the provisions of this Agreement shall be in writing and shall
be delivered persorially or sent by certified or registered mail, postage prepaid, to:
COUNTY:
Palm Beach County
Board of County Commissioners
301 N. Olive Avenue
West Palm Beach, FL 33401
WlTH A COPY TO:
County Attorney
301 N. Olive Avenue, Suite 601
West Palm Beach, FL 33401
PVIUNICIP ALITIES:
Palm Beach County Municipal League, Inc.
301 N. Olive Avenue, 10th Floor
P.O. Box 1989 - Government Center
West Palm Beach, F'L 33402
Attention: Executive Director, Jack L. Horniman
-4-
. . .__ - ._ . . . .. .. . . . .
WITH A COPY TO:
Trela J. White, Esq.
Attorney for Palm Beach County Municipal League, Inc.
Corbett & White
505 S. Flagler Drive, Suite 1003
West Palm Beach, FL 3340 1
The Municipal League, upon receipt of any notice provided herein, shall provide like notice to each
municipality that is a party to the Agreement. Notice by certified or registered mail, return receipt
requested, shall be deemed effective on the date that such notice is deposited in a United States Post
Office.
14. The parties expressly agree that time is of the essence in this Agreement and the failure
by a party to complete performance within the time specified, or within a reasonable time if no time
is specified herein, shall, at the option of the other party without liability, in addition to any other
rights or remedies, relieve the other patty of any obligation to accept such performance.
15. The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in default thirty (30)
days written notice to cure said default before exercising any of its rights as provided for in this
Agreement.
16. The parties agree that this Agreement sets forth the entire agreement between the
parties, and there are no promises or understandings other than those stated herein. None of the
provisions, terms and conditions contained in this Agreement may be added to, modified, superseded
or otherwise altered except by written instrument executed by the parties hereto.
-5-
IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set
forth above.
ATTEST: (NAME OF MUNICIPALITY)
By:
ATTEST:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMIS SIONEM
By: &&@&-#A County Attorney
-6-
_..
14. .
R95 8940
AMENDMENT #l TO INTERLOCAL AGREEMENT
This Amendment to the Interlocal Agreement dated August, 1993,
by and between Palm Beach County, a political subdivision of the
State of Florida, (hereinafter referred to as VOUNTYw1) and
Palm Beach Gardens , a municipality located in Palm Beach County,
Florida (hereinafter referred to as "MUNICIPALITY") is made and
, 1995 JUL 1 1 1995 entered into this 20th day of April
W I T N E 8 8 E T E:
WHEREAS, Section 336.025(l)(b),.Floridq Statutes, authorizes
the levy of 1, 2, 3, 4, oc 5 cent local option gas tax within the
COUNTY; and
WHEREAS, the COUNTY and MUNICIPALITY entered into an
Interlocal Agreement in August, 1993, to provide for the
distribution formula for dividing the proceeds of the tax among the
COUNTY and all eligible MUNICIPALITIES within the COUNTY; and
WHEREAS, the parties now wish to amend the Interlocal
Agreement to provide periodic reviews of the method of distribution
of local option gas tax revenues as referred to in Section
336.025('1) (a).
NOW, THEREFORE, in consideration of the premises and the
mutual covenants herein contained, and for such other good and
. valuable consideration, the receipt of which the parties hereby
expressly acknowledge, the parties hereto agree to amend the
Interlocal Agreement as follows:
1. A new paragraph 15 shall be added to provide:
The parties agree to meet every two
(2) years to review the method of
distribution of the local option gas tax revenues in accordance with Section 336.025(1) (d) , Florida Statutes. The MUNICIPALITIES shall
becollectively represented at such
meetings by the Palm Beach County Municipal League, Inc. and the
COUNTY by representatives as
selected by the County Administrator's office. Either the
Municipal League or the County may
call for such meeting by providing
thirty (30) days notice to the other
as set forth in paragraph llherein.
2. All other terms and conditions of the Interlocal
Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the partieshereto have set their hands
and seals in the day set forth above;
ATTEST: (NAME OF MuNI#$L@2'
ATTEST:
DOROTHY H. WILKEN, Clerk BOARD OF COUNTY COMMISSIONERS
PALM / BEACH COUNTY, FLORIDA BY ITS
G:\. ..\LNcwtonUWI\GasTuZ.A(;n
8 3 \ \955
i
*- pL-- J Palm Beach County MU’NI-CIBAE-njGUE
P.O. BOX 1989, GOVERNMENTAL CENTER, WEST PALM BEACH, FLORIDA 33402 (407)355-4484
MEMORANDUM
(for appropriate distribution)
Jack L. xecutive Director
To: Mayors and Man
FROM:
DATE: March 30, 1995
RE: Local Option Gas Tax Interlocal Agreement
....................................................
The Municipal League recently renegotiated a 2/3 (County),
1/3 (municipalities) split of the original 6 cents local option
gas tax revenues with the Board of County Commissioners. The
League has been working diligently over the past nine months to
resolve this issue because the original Interlocal Agreement
sunsets June 1, 1995.
The Interlocal Agreement along with an amendment to the
August, 1993 Local Option Gas Tax Interlocal Agreement,
necessitated by a change in the State law, will be transmitted to
all municipalities by the Municipal League as a follow-up to this
memorandum. It is important that each municipality schedule and
take action on the Interlocal Agreement and the amendment during
the month of April with the understanding that the County will
place these items on its agenda for adoption at its May 2, 1995
meeting. It is important that all municipalities adopt these two
documents because a dnhum 51% municipal population is required
by State law.
After your municipality has adopted the Interlocal Agreement
and the amendment, please submit three (3) originals of both
fully executed documents to the Municipal League Office,
Attention: Jack Homimarl, Executive Director, who will
collect these. and transmit them directly to Bob Weisman,
County Administrator. Should you have any further questions,
please do not hesitate to contact me.
JLH/drh
f
. i
INTERLOCAL AGREEMENT
Tllis Agreement is made this 20th day of April. , 19 - 95 by and between
Palm Beach County, a political subdivision of the State of Florida, hereinafter referred to as the
"COUNTY" and City Of, Palm Beach Gardenaa mUniCipal COrpOfatiOn located in Palm
Beach County, organized and existing in accordance with tlie laws of the State of Florida, hereinafter
referred to as the "MUNICIPALITY."
WITNESSETH:
WHEREAS, Section 336.025( l)(a), Florida Statutes, enacted by the Florida Legislature
authorizes a one (l), two (Z), three (3), four (4), five (5) andor six (G) cent local option gas tax to
be levied upon the sale of every gallon of motor fuel and special fuel within the COUNTYy and
WHEREAS, said statute contem?lates an interlocal agreement by and between the COUNTY
and the MUNICIPALITIES located therein to establish a distribution formula for dividing the
proceeds of said tax among COUNTY government and all eligible MUNICIPALITIES within the
COUNTY; and
WHEREAS, the parties already have in effect an Interlocal Agreement(s) providing for
distribution of the first (Ist), second (2nd), third (3rd), fourth (4th), fifth (5th) and sixth (6th) cents
of the local option gas tax; and
WHEREAS, the Interlocal Agreement(s) providing for such distribution will expire on or
about August 3 1, 1995; and
WHEREAS, representatives of the COUNTY and the various MUNICIPALITIES have met
and negotiated mutually acceptable terms and conditions for a new Interlocal Agreement which are
set forth herein; and
WHEREAS, this Interlocal Agreement must be approved and executed by the COUNTY and
a suficient number of MUNICIPALITlES in the COUNTY which represent a majority of the
population of the iiicorporated area within the COUNTY not later than May 3 I, 1995.
NOW, THEREFORE, in consideration of tlie premises and mutual covenants herein contained
and for such other good and valuable consideration, the receipt of which the parties hereby expressly
acknowledge, ttic parties liereto covenant atid agree to the following terms and conditions:
..- . . .
.I
1. This Agreement is entered into with the specific contemplation that the Board of
County Co~dssioners of Palm Beach County will enact an appropriate ordinance to extend the six
(6) cents local option gas tax previously levied for an additional period of time with said tax being
imposed effective on September 1, 1995. In the event the Board of County Commissioners of Palm
Beach County fails or refuses to enact said ordinance to extend the six (6) cents tax, this Agreement
shall be null and void.
2. The terms of this Agreement shall be for the same duration as the amendment to the
local option gas tax ordinance identified in paragraph 1 hereof extending the levy of the six (6) cents.
Upon expiration of the period for which said tax is Ievied as provided for in the amendment to the
COUNTY ordinance, this Agreement shall terminate except that if the Board of County
Cornmissioners reimposes said tax as provided in Section l(a) of said statute, this Agreement may
be renewed as provided therein.
A.. 3. All proceeds of the six (6) cents of the tax collected pursuant to said statute
shall be divided between the COUNTY and the municipalities as follows; or as may be mutually
agreed upon by the parties pursuant to paragraph 16:
1. The COUNTY shall receive two-thirds
(2/3) of all sums collected. .. 11. The municipalities collectively shall
receive one-third (1/3) of all sums
collected.
B. All money shall be collected and distributed to the respective parties as
provided in Section 336.025(2), Florida Statutes.
4. Each MUNICIPALITY eligible to participate in the distribution of the proceeds of
said ta,, shall receive a pro rata share of the aforesaid one-third (113) MUNICIPALITY share
pursuant to a formula that will be based seventy percent (70%) on lane miles located within a
MUNICIPALITY for which the MUNICIPALITY is responsible for maintenance and thirty percent
(30%) upon the population of the MUMCLPALITY based upon the most recent University of Florida
Population Estimate. Said foriiiula is:
-2-
30% x (city .population) f 70% x (city.lane miles) = Local Distribution
(sum of city population) (sum of city lane miles)
Exhibit A attached hereto and incorporated herein by reference identifies each eligible
MUNICIPALITY'S pro rata share of the MUNICIPALITIES' collective one-third (1/3) share. Said
distribution may be amended not more than once annually by the Palm Beach County Municipal
League, Inc., preparing on behalf of the said MUNICIPALITIES a new Exhibit "A" based upon
changes in the foregoing criteria and submitting same by June 1st of any year to the County
Administrator who shall in turn transmit same to the Department of Revenue.
5. This is one of several interlocal Agreements between the COUNTY and various
MUNICIPALJTES providing the same terms for the division and distribution of the proceeds of the
first six (6) cents of tlie local option gas tax. As such, this Interlocal Agreement may be executed in
one (1) or more counterparts, each of which shall be deemed an original, but all of which shall
constitute one (1) in the same instrument (the Interlocal Agreement) for the purpose of Section
336.025, Florih Statutes. The Interlocal Agreement constitutes an interlocal agreement between the
COUNTY and the MUNICIPALITIES located therein representing a majority of the incorporated
area population within the COUNTY.
6. The parties agree to meet every two (2) years to evaluate the method of distribution
of the local option gas tax revenues in accordance with Section 336.025( l)(d), Florida Statutes. The
MUNICIPALITIES shall be collectively represented at such meeting by the Palm Beach County
Municipal League, Inc. and the COUNTY by representatives as selected by the County
Administrator's office. The Municipal League or the County may call for such meeting by providing
thirty (30) days notice to the other as set forth in paragraph 13 herein.
7. Nothing in this Agreement shall preclude either party from litigating against the other
on matters completely unrelated to and not contemplated by this Agreement.
8. This Agreement shall take effect only upon execution both by the COUNTY and those
MUNICIPALITIES representing a majority of the population of the incorporated areas of the
COUNTY. In tlie event that either the COUNTY fails or refhes to execute this Agreement or in the
event that those MUNICIPALITIES representing a majority of the population of the incorporated
areas of the COUNTY fail to execute this Agreement, then this Agreement automatically shall be null
and void and the parties liereto shall have no hrther riglits or responsibilities hereunder.
9. The invalidity of any portion, article, paragraph, provision, clause or any portion
thereof of this Agreement shall have no affect upon the validity of any other part or portion hereof
To the extent allowed by law, the venue for any action arising fiom this Agreement 10.
shall be in Pahi Beach County, Florida.
11. This Agreement shall be governed by and in accordance with the laws of the State of
Florida.
12. In any action brought by either party for the enforcement of the obligations of the
other party, the prevailing party shall be entitled to recover reasonable attorneys' fees.
13. Any notice given under the provisions of this Agreement shall be in writing and shall
be delivered personally or sent by certified or registered mail, postage prepaid, to:
COUNTY:
Palm Beach County
Board of County Commissioners
301 N. Olive Avenue
West Palm Beach, FL 33401
WITH A COPY TO:
County Attorney
301 N. Olive Avenue, Suite 601
West Paltn Beach, FL 33401
PVIUNICLPALITIES:
Palm Beach County Municipal League, Inc.
301 N. Olive Avenue, 10th Floor
P.O. Box 1989 - Government Center
West Palm Beach, FL 33402
Attention: Executive Director, Jack L. Horniman
-4-
. - . . .. - . . -. . . . . - ._ . .
WITH A COPY TO:
Trela J. White, Esq.
Attorney for Palm Beach County Municipal League, Inc.
Corbett & White
505 S. Flagler Drive, Suite 1003
West Palm Beach, FL 3340 1
The Municipal League, upon receipt of any notice provided herein, shall provide like notice to each
municipality that is a party to the Agreement. Notice by certified or registered mail, return receipt
requested, shall be deemed effective on the date that such notice is deposited in a United States Post
Office.
14. The parties expressly agree that time is oFthe essence in this Agreement and the failure
by a party to complete performance within the time specified, or within a reasonable time if no time
is specified herein, shall, at the option of the other party without liability, in addition to any other
rights or remedies, relieve the other party of any obligation to accept such performance.
15. The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, the party not in default shall provide to the party in default thirty (30)
days written notice to cure said default before exercising any of its rights as provided for in this
Agreement.
16. The parties agree that this Agreement sets forth the entire agreement between the
parties, and there are no promises or understandings other than those stated herein. None of the
provisions, terms and conditions contained in this Agreement may be added to, modified, superseded
or otherwise altered except by written instrument executed by the parties hereto.
-5-
. . . . . .. .. .-
IN WITNESS WHEREOF, the parties hereto have set their hands and seals in the day set
forth above.
ATTEST:
DOROTHY H. WILKEN, Clerk
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS
By: By:
Deputy Clerk Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
County Attorney '
... .. . . . . . . . . .. . . . . - - . . . . . . -. .
CITY OF PALM BEACH GARDENS
lo500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA ala4698
May 2,1995
Mr. Jack Horniman
Executive Director
Municipal League Office
Post Office Box 1989
West Palm Beach, Florida 33402
Dear Mr. Horniman:
Enclosed please find a copy of Resolution 49,1995 approving an Interlocal Agreement between
Palm Beach County and the City of Palm Beach Gardens re: Local ,Option Gas Tax, and
authorizing the Mayor and City Clerk to execute three copies of said Interlocal Agreement.
Resolution 49,1995 was approved by the City Council at their Regular Meeting of April 20,1995.
Please return one (1) executed copy to the City Clerk's Office, Attn: Cindy Harvey, 10500 N.
Military Trail, Palm Beach Gardens, Florida 33410.
Sincerely,
Cindy Harvey
Deputy City Clerk
Enclosure: As Stated
.
July 29.1993
RESOLUTION 99,1993
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CrrY CLERK TO
EXECUTE ON BEHALF OF THE CITY, AN INTERLOCAL AGREEMENT
BEWEEN THE CITY AND PALM BEACH COUNTY REGARDING LOCAL
OPTION GAS TAX; PROVIDING FOR THE REPEAL OF ALL
RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH;
AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF.
BE IT RESOLVED BY THE CrrY COUNCIL OF THE CITY OF PALM BEACH GARDENS,
FLORIDA:
Section 1, The Mayor and City Clerk are hereby authorized to execute, on behalf of the
Ci of Palm Beach Gardens, an Interlocal Agreement between the City and County of Palm Beach,
Florida, a copy of said agreement being attached hereto and made a part hereof.
Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby
repealed.
Section 3. This Resolution shall be effective upon date of passage.
DAY OF AUGUST, 1993. @ INTRODUCED, PASSED AND ADOPTED THIS 5
ATTEST
VOTE: AYE NAY ABSENT
MAYOR RUSSd
VICE MAYOR MONROE ---
COUNCILMAN JABLIN -J - -
COUNCILWOMANFURTADO - - -
COUNCILMAN CLARK ---
c ---
/
/
County Administrator
Robert Weisman
Department of Engineering
and Public Works
Board of Couhy Commissioners 0
Mary McCarty, Chair
Ken L. Foster, Vice Chairman
Karen T. Marcus
Carol A. Roberts
Warren H. Newell
Burt Aaronson
Maude Ford Lee
~ -
September 2, 1993
. c 7 * .a9 .J
Ms. Bobbie Herakovich
Manager, Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, F1 33410
.-
Dear Ms. Herakovich:
An executed copy of the Interlocal Gas Tax Agreement, which was
executed by the Board of County Commissioners on August 17, 1993,
is enclosed for your records.
sincerely, A A
Assistant Count.#ngineer
pc: Mr. Gordon Selfridge,
Chief Assistant County Attorney
Enclosure: Executed Gas Tax Agreement
“An Equal Opportunity - Affirmative Action Employer”
Box 21229 West Palm Beach, Florida 33416-1229 (407) 684-4000
a ' t93 10150
INTERLOCAL AGREEMENT
4p 1 7p% This Agreement is made e - ay of August, 1993 by and between Palm Beach County,
a political subdivision of the State of Florida (hereinafter referred to as "County"), whose address is
301 N. Olive Avenue, West Palm Beach, Florida, 33401 and City of Palm Beach Gardens, a
municipality located in Palm Beach County, Florida (hereinafter referred to as "Municipality"), whose
mailing address is 10500 N. Military Trail, Palm Beach Gardens, Florida, 33410.
WITNESSETH
WHEREAS, Chapter 336.025, Florida Statutes, was amended by the Florida Legislature and
took effect on May I, 1993; and
WHEREAS, said Statute authorizes a 1, 2, 3, 4, or 5 cent local option gas tax to be levied
upon the sale of motor fuel within the County; and
WHEREAS, said Statute in Section 1@)2 authorizes execution of an interlocal agreement
by and between Palm Beach County and the Municipalities located therein to establish a distribution
formula for dividing the proceeds of said tax among county government and all eligible municipalities
within the County; and
WHEREAS, representatives of Palm Beach County and the Municipalities have met and
negotiated mutually acceptable terms and conditions for said interlocal agreement which are set forth
herein; and
WHEREAS, this Agreement must be approved and executed not later than August 31,1993.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, and for such other good an valuable consideration, the receipt of which the parties hereby
expressly acknowledge, the parties hereto covenant and agree to the following terms and conditions.
This Agreement is entered into with the specific contemplation that the Board
of County Commissioners of Palm Beach County will enact an appropriate ordinance to levy a five
cent (5C) local option gas tax within Palm Beach County, with said tax bking imposed effective on
January I, 1994 and further with said proceeds being distributed based upon an Interlocal Agreement
("Interlocal Agreement Gas Tax Ordinance") as opposed to being based upon historical expenditures
("Statutory Distribution Gas Tax Ordinance'). In the event the Board of County Commissioners Of
Palm Beach County fails or refuses to enact s$d ordinance, this Agreement shall be null and void.
1.
Y
Similarly, the term of this Agreement shall be contemporaneous with the term set forth in the aforesaid
Interlocal Agreement Gas Tax Ordinance so that the parties expressly agree that this agreement shall
terminate at such time as the gas tax proceeds are no longer collected and distributed pursuant to the
aforementioned contemplated "Interlocal Agreement Gas Tax Ordinance".
2. A. All proceeds of the tax collected pursuant to said ordinance shall be
divided between Palm Beach County and the cities as follows:
i. The County shall receive seventy-nine percent (79%) of all sums
collected.
ii. The cities collectively shall receive twenty-one percent (21 96) of
all sums collected.
B. All money shall be collected and distributed to the respective parties as
provided in Chapter 336.025(2), Florida Statutes.
3. Each Municipality eligible to participate in the distribution of the proceeds of
said tax shall receive a pro rata share of the aforesaid 21 % Municipality share pursuant to a formula
that will be based 70% on lane miles located within a Municipality for which the MunicipaIity is
responsible for maintenance and 30% upon the population of the Municipality based upon the most
recent University of Florida Population Estimate. Said Formula is:
30% x (city population) + 70% x (city lane miles) = Local Distribution
(sum of city population) (sum of city lane miles)
Exhibit "A" which is made a part hereof and incorporated herein by reference identifies eac..
eligible Municipality's pro rata share of the Municipalities 21 46 share. The Municipal League, on
behalf of those eligible Municipalities, shall prepare and submit to the County, prior to execution of
this Interlocal Agreement by the Municipalities, the aforementioned Exhibit "A". Moreover, said
distribution may be amended not more than once annually by the Municipal League preparing, on
behalf of said Municipalities, a new Exhibit "A", based upon changes in the foregoing criteria, and
submitting, by June 1st of any year, same to the County Administrator who shall in turn transmit same
to the Department of Revenue.
4. This is one of several interlocal agreements between the County and various
Municipalities providing for the same terms for the division and distribution of the proceeds of the gas
tax. As such, this interlocal agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which shall constitute one in the same instrument (the
"Interlocal Agreement") for the purpose of paragraph l(b)2 of Section 336.025, Florida Statute. The
2
Interlocal Agreement constitutes an interlocal agreement between Palm Beach County and the
Municipalities located therein representing a majority of the incorporated area population within Palm
Beach County.
5. Nothing in this agreement shall preclude either party from litigating against the other
on matters completely unrelated to and not contemplated by this agreement.
6. This agreement shall take effect only upon execution both by Palm Beach County and
by those Municipalities representing a majority of the population of the incorporated areas of Palm
Beach County. In the event that either Palm Beach County fails or refuses to execute this Agreement
or in the event that those Municipalities representing a majority of the population of the incorporated
areas of Palm Beach County fail to execute this Agreement, then this Agreement automatically shall
be null and void and the parties hereto shall have no further righJs or responsibilities hereunder.
7. The invalidity of any portion, article, paragraph, provision, clause or any portion
thereof of this agreement shall have no affect upon validity of any other part of portion hereof.
8. To the extent allowed by law, the venue for any action arising from this agreement shall
be in Palm Beach County, Florida.
9. This agreement shall be governed by and in accordance with the laws of the State of
Florida.
10. In any action brought by either party for the enforcement of the obligations of the other
party, the prevailing party shall be entitled to recover reasonable attorney’s fees.
11. Any notice given under the provisions of this agreement shall be in writing and shall
be delivered personally or sent by certified or registered mail, postage prepaid to:
COUNTY:
Palm Beach County
Board of County Commissioners
301 N. Olive Avenue
West Palm Beach, FL 33401
WITH A COPY TO:
County Attorney
301 N. Olive Avenue, Suite 601
West Palm Beach, FL 33401
MUNICIPALITY:
City Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
or to such other respective addresses as the parties may designate to each other in writing from time
3
0 0
to time. Notice by certified or registered mail, return receipt requested, shall be deemed given on the
date that such notice is deposited in a United States Post Office.
12. The parties expressly agree that time is of essence in this agreement and the failure by
a party to complete performance within the time specified, or within a reasonable time if no time is
specified herein, shall, at the option of the other party without liability, in addition to any other rights
or remedies, relieve the other party of any obligation to accept such performance.
13. The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, that party not in default shall provide to the party in default thirty (30)
days written notice to cure said default before exercising any of its rights as provided for in this
agreement.
14. The parties agree that this agreement sets forth the entire agreement between the parties,
and there are no promises or understandings others than those stated herein. None of the provisions,
terms and conditions contained in this agreement may be added to, modified, superseded or otherwise
altered except by written instrument executed by the parties hereto.
IN WITNESS WHEREOF the parties hereto have set their hands and seals in the day set
forth above.
ATTEST: CIT[+X),+EXRDENS
ayor
B!i&
ATTEST: PALM BEACH COUNTY, FLORIDA
DOROTHY H. WILKEN, Clerk BY ITS BOARD OF COUNTY
COMMISSIONERS:
4
2, ma8
Bellr Glade
Bocr Ram
eovntar\ beach
Br'ny Breezes
Cloud Lake
Ddmy Beact,
War Ridge oon
oolhrw
Gramacres City
Havuhiil
Highland Beach
HVpokrxo Juno Beach
Jupiter
Jupnw Inlet Wony Lake ClPrke Shares
Lzkr Pafk
Lake Worm
-ana Manalapm
Urnmia Pw
North Palm Beach Ocean Ridge
PahoitW
Palm Beach
Palm Beach Qardenr
Palm Beem Shores
Palm Sprhgs
RMere Beach
Royal Palm Beach
South Bay
sou(h Palm Beach
Tequesta
Wost Palm Beach
GUlfStreOm
EXHIBIT "A'
INCORPORATED PALM BUCH COUNV
POPUUTION AND UNE MILES DISTRIBUTION
END OF YEAR 1993
INCORPORATED PERCENT OF INCORPORATED PERCENT OF PERCENT
LANE MILES DISTRIBUTION
POPULATION TOTAL INC. ME MlGS TOTAL INC. LOCAL
17,208
83,224
48,144
395
121
48,346
21 1
190
153
21.938
703
1,154
3,234
l,ll?
2.185
25,898
408
3.613
6,639
28.387
8,396
321
1.41 1
11,747
1,593
6,871
9.81 9
27,553
1.031
9,708
27,128
16,462
4,039
1,483
4.503
0.35
3.62
13.30
10.13
0.08
0.03
10.17
0.0,
0.04
0.03
4.82
0.15
0.24
0.68
0.24
0.46
5.45
0.09
0.76
1-40
5.97
1.77
0.07
0.30
2.47
0.34
1.45
207
5.80
0.22
2.04
5.71
3.46
0.85
0.31
0.95
14.36 ._
24.0
134.3
503.0
244.4
0.0
1.4
387.7
3.3
7.0
2.4
25.0
10.0
8.8
4.0
1.3
3.1
136.0
5.4
27.7
59.4
194.2
67.9
9.2
14.0
$22.3
28.0
18.4
W.6
90.0
10.3
26.0
208.0
166.8
29.7
0.0
45.2
471.7,
3091 .s
0.70
4.34
16.24
7.91
0.05
1254
0.11
0.23
0.00
0.01
0.32
0.28
0.15
0.04
0.10
4.40
0.17
0.w
1 .a
6.20
1 .(IT
0.30
0.45
1.69
0.84
0.60
3.W
291
0.33
0.84
6.73
5.07
0.06
0.00
1.46
15.28
0.00
om9
4.W
1s.w
0.573
0.025
0.059
11.830
0.W
0.064
1.951
0.271
0.271
0.245
0.100
0.208
4.714
0.M
0.056
1.764
6.189
1Ml
0228
0.406
1.025
0.-
0. Ka
2762
0.290
1 201
6.411
4.w
0.47
0.W
1 .a
14.990
100
o.in
3.m
STATE OF FLORIM, COU-NTYW P&M BEACH;
I, DOROTHY H. WILKEN. ex-officio Clerk of tha Board of County Commissioners certitv thts to be a
-.
.. . . . . . . . . ---
0 e93 10150 e
INTERLOCAL AGREEMENT
416 1 7dSS3 This Agreement is made e ay of August, 1993 by and between Palm Beach County,
a political subdivision of the State of Florida (hereinafter referred to as "County"), whose address is
301 N. Olive Avenue, West Palm Beach, Florida, 33401 and City of Palm Beach Gardens, a
municipality located in Palm Beach County, Florida (hereinafter referred to as "Municipality"), whose
mailing address is 10500 N. Military Trail, Palm Beach Gardens, Florida, 33410.
WITNESSETH
WHEREAS, Chapter 336.025, Florida Statutes, was amended by the Florida Legislature and
took effect on May 1, 1993; and
WHEREAS, said Statute authorizes a 1, 2, 3, 4, or 5 cent local option gas tax to be levied
upon the sale of motor fuel within the County; and
WHEREAS, said Statute in Section l@)2 authorizes execution of an interlocal agreement
by and between Palm Beach County and the Municipalities located therein to establish a distribution
formula for dividing the proceeds of said tax among county government and all eligible municipalities
within the County; and
WHEREAS, representatives of Palm Beach County and the Municipalities have met and
negotiated mutually acceptable terms and conditions for said interlocal agreement which are set forth
herein; and
WHEREAS, this Agreement must be approved and executed not later than August 31, 1993.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, and for such other good an valuable consideration, the receipt of which the parties hereby
expressly acknowledge, the parties hereto covenant and agree to the following terms and conditions.
This Agreement is entered into with the specific contemplation that the Board
of County Commissioners of Palm Beach County will enact an appropriate ordinance to levy a five
cent (5C) local option gas tax within Palm Beach County, with said tax being imposed effective on
January 1, 1994 and further with said proceeds being distributed based upon an Interlocal Agreement
("Interlocal Agreement Gas Tax Ordinance") as opposed to being based upon hisEcal expenditures
("Statutory Distribution Gas Tax Ordinance"). In the event the Board of County Cornmissioners of
Palm Beach County fails or refuses to enact said ordinance, this Agreement shall be null and void.
1.
'Similarly, the term of this Agreement shall be contemporaneous with the term set forth in the aforesaid
Interlocal Agreement Gas Tax Ordinance so that the parties expressly agree that this agreement shall
terminate at such time as the gas tax proceeds are no longer collected and distributed pursuant to the
aforementioned contemplated "Interlocal Agreement Gas Tax Ordinance".
2. A. All proceeds of the tax collected pursuant to said ordinance shall be
divided between Palm Beach County and the cities as follows:
i. The County shall receive seventy-nine percent (79%) of all sums
collected.
ii. The cities collectively shall receive twenty-one percent (21 46) of
all sums collected.
B. All money shall be collected and distributed to the respective parties as
provided in Chapter 336.025(2), Florida Statutes. .
3. Each Municipality eligible to participate in the distribution of the proceeds of
said tax shall receive a pro rata share of the aforesaid 21 % Municipality share pursuant to a formula
that will be based 70% on lane miles located within a Municipality for which the Municipality is
responsible for maintenance and 30% upon the population of the Municipality based upon the most
recent University of Florida Population Estimate. Said Formula is:
30% x (city population) + 70% x (city lane miles) = Local Distribution
(sum of city population)
Exhibit "A" which is made a part hereof and incorporated herein by reference identifies each
eligible Municipality's pro rata share of the Municipalities 2 1% share. The Municipal League, on
behalf of those eligible Municipalities, shall prepare and submit to the County, prior to execution of
(sum of city lane miles)
this Interlocal Agreement by the Municipalities, the aforementioned Exhibit "A". Moreover, said
distribution may be amended not more than once annually by the Municipa League preparing, on
behalf of said Municipalities, a new Exhibit "A", based upon changes in the foregoing criteria, and
submitting, by June 1st of any year, same to the County Administrator who shall in turn transmit same
to the Department of Revenue.
4. This is one of several interlocal agreements between the County and various
Municipalities providing for the same terms for the division and distribution of the proceeds of the gas
tax. As such, this interlocal agreement may be executed in one or more counteqmts,-each-of which
shall be deemed an original, but all of which shall constitute one in the same instrument (the
"Interlocal Agreement") for the purpose of paragraph 1@)2 of Section 336.025. Florida Statute. The
2
Interlkl Agreement constitutes an interlocal agreement between Palm Beach County and the
Municipalities located therein representing a majority of the incorporated area population within Palm
Beach County.
5. Nothing in this agreement shall preclude either party from litigating against the other
on matters completely unrelated to and not Contemplated by this agreement.
6. This agreement shall take effect only upon execution both by Palm Beach County and
by those Municipalities representing a majority of the population of the incorporated areas of Palm
Beach County. In the event that either Palm Beach County fails or refuses to execute this Agreement
or in the event that those Municipalities representing a majority of the population of the incorporated
areas of Palm Beach County fail to execute this Agreement, then this Agreement automatically shall
be null and void and the parties hereto shall have no further rights or responsibilities hereunder.
'1. The invalidity of any portion, article, paragraph, provision, clause or any portion
thereof of this agreement shall have no affect upon validity of any other part of portion hereof.
8. To the extent allowed by law, the venue for any action arising from this agreement shall
be in Palm Beach County, Florida.
9. This agreement shall be governed by and in accordance with the laws of the State of
Florida.
10. In any action brought by either party for the enforcement of the obligations of the other
party, the prevailing party shall be entitled to recover reasonable attorney's fees.
11. Any notice given under the provisions of this agreement shall be in writing and shall
be delivered personally or sent by certified or registered mail, postage prepaid to:
COUNTY:
Palm Beach County
Board of County Commissioners
301 N. Olive Avenue
West Palm Beach, FL 33401
WITH A COPY TO:
County Attorney
301 N. Olive Avenue, Suite 601
West Palm Beach, FL 33401
MUNICIPALITY:
City Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach-Gardens. FL 33410
or to such other respective addresses as the parties may designate to each other in writing from time
3
-- e '* * u-
to time. Notice by certified or registered mail, return receipt requested, shall be deemed given on the
date that such notice is deposited in a United States Post Office.
12. The parties expressly agree that time is of essence in this agreement and the failure by
a party to complete performance within the time specified, or within a reasonable time if no time is
specified herein, shall, at the option of the other party without liability, in addition to any other rights
or remedies, relieve the other party of any obligation to accept such performance.
13. The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, that party not in default shall provide to the party in default thirty (30)
days written notice to cure said default before exercising any of its rights as provided for in this
agreement.
14. The parties agree that this agreement sets forth the entire agreement between the parties,
and there are no promises or understandings others than those stated herein. None of the provisions,
terms and conditions contained in this agreement may be added to, modified, superseded or otherwise
altered except by written instrument executed by the parties hereto.
IN WITNESS WHEREOF the parties hereto have set their hands and seals in the day set
forth above.
ATTEST:
ATTEST:
DOROTHY H. WILKEN, Clerk
-- Deputy dk
CITYOFP hl A GARDENS
B.
ayor
PALM BEACH COUNTY, FLORIDA
BY ITS BOARD OF COUNTY
COMMISSIONERS:
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
4
-4 * *”
CKY
iiiimas Belle Glade
Bou Ram
eoynton Beam
Blhy Breezes
Claud Lake
Dblmy Beach
Wen RMgr
Qn
wtview Greenacres Ciry
GUlfStf0Wl
Haverhiil
Highland Beach
Hypdu~o
Jon0 Beach
Jupiter
Jupiter Inlot Colony Lake Clorkr shoroo
Wm Pork
Lake wm
LPrnrna
MWlslilpWl
Msn~da Perk Nath Palm Beach Ocean Ridge
Pahokw
Palm Beach
Palm Beach Oardona
Paill? each shorrt
Pdm sprhgs
RMera Beach
Royaf Palm Beach
South Bay
SouVr Palm Beach
Tequesta
Vfcst Palm Beach
e EXHIBIT “A’
INCORPORATED PALM BEACH COUNn
POPULATION AND LANE MILES DlSTRlBUTlON
END OF YEAR 1993
POPUUTION TOTAL INC.
.. POPULAlION
INCORPORATED PERCENT OF lNCORPORATED PERCEM OF PERCENT
ME MILES TOTAL INC. LOCAL
WE MILES DISTRIBU’IION
. 1.673
17,208
63,224
48,114
395
121
48.346
21 1
190
153
21.938
703
1.154
3,234
1,117
2.1 85
25,898
408
3.613
6,639
28.387
8,396
321
1.411
11,747
1,593
6,871
0.81 9
27,553
1,037
9,706
27,128
16,462
4,w9
1,483
4.503
476,272 m27q .,-
0.35
3.62
1330
10.13
0.m
0.43
10.17
0.04
0.04
0.m
4.62
0.15
0.24
0.68
0.24
0.46
5.45
0.09
0.76
1.40
5.97
1 .TI
0.07
0.30
2.47
0.34
1.45
207
5.80
0.22
2.04
5.71
3.46
0.85
0.31
0.85
14.36 ..
24.0
134.3
501.0
244.4
0.0
1.4
387.7
3.3
7 .O
2.4
25.0
10.0
8.8
4.0
1.3
3.1
136.0
5.4
27.7
59.4
194.2
67.9
9.2
14.0
52.3
28.0
16.4
94.6
90.0
10.3
26.0
208.0
166.8
29.7
0.0
45.2
471 .I
0. n
4.34
16.24
7.91
0.W
0.05
1251
0.11
0.23
0.00
0.81
0.32
0.26
0.13
0.04
0.10
4.40
0.17
0.W
1 .a
6.28
1.87
0.m
0.45
1 .a
0.84
0.80
9.06
2.91
0.33
0.M
6.73
5.07
0.96
0.00
1-46 . 18.26 -
3091.5’
0.649
4.127
15.357
8.573
0.025
0.039
11.a30
0.W
0.170
0.W
1.95t
0.271
0.211
0.2%
0.100
0.208
4.714
0.148
0.855,
1.764
6.189
1.841
0.m
0.406
1 .?26
0.-
0. m
2762
3.m
0.298
1 .a1
6.422
4.w
0.47
0.094
1 .a
14.w
I#)
STATE OF FLORIDA. COUNTY OF PALM BEACH 1, DOROTHY H. WILKEN, ex-officio Clerk of the
Board of County Commissioners certify this to be a e;y of the o ’ inal filed in my office -. - 73
DATED at West Palm Beach, FL on ,-- -3
1 .;AI .- .. ._ __ . .: _.. .....I. :.:
. . .- .. . . __ -. .__ . . . .
INTERLOCAL AGREEMENT
This Agreement is made the - day of August, 1993 by and between Palm Beach County,
a political subdivision of the State of Florida (hereinafter referred to as "County"), whose address is
301 N. Olive Avenue, West Palm Beach, Florida, 33401 and City of Palm Beach Gardens, a
municipality located in Palm Beach County, Florida (hereinafter referred to as "Municipality"), whose
mailing address is 10500 N. Military Trail, Palm Beach Gardens, Florida, 33410.
WITNESSETH
WHEREAS, Chapter 336.025, Florida Statutes, was amended by the Florida Legislature and
took effect on May 1, 1993; and
WHEREAS, said Statute authorizes a 1, 2, 3, 4, or 5 cent local option gas tax to be levied
upon the sale of motor fuel within the County; and
WHEREAS, said Statute in Section 1@)2 authorizes execution of an interlocal agreement
by and between Palm Beach County and the Municipalities located therein to establish a distribution
formula for dividing the proceeds of said tax among county government and all eligible municipalities
within the County; and
WHEREAS, representatives of Palm Beach County and the Municipalities have met and
negotiated mutually acceptable terms and conditions for said interlocal agreement which are set forth
herein; and
WHEREAS, this Agreement must be approved and executed not later than August 31, 1993.
NOW, THEREFORE, in consideration of the premises and the mutual covenants herein
contained, and for such other good an valuable consideration, the receipt of which the parties hereby
expressly acknowledge, the parties hereto covenant and agree to the following terms and conditions.
This Agreement is entered into with the specific contemplation that the Board
of County Commissioners of Palm Beach County will enact an appropriate ordinance to levy a five
cent (SC) local option gas tax within Palm Beach County, with said tax being imposed effective on
January 1, 1994 and further with said proceeds being distributed based upon an Interlocal Agreement
("Interlocal Agreement Gas Tax Ordinance") as opposed to being based upon historical expenditures
("Statutory Distribution Gas Tax Ordinance"). In the event the Board of County Commissioners of
Palm Beach County fails or refuses to enact said ordinance, this Agreement shall be null and void.
1.
.. . --
Similarly, the term of this Agreement shall be contemporaneous with the term set forth in the aforesaid
Interlocal Agreement Gas Tax Ordinance so that the parties expressly agree that this agreement shall
terminate at such time as the gas tax proceeds are no longer collected and distributed pursuant to the
aforementioned contemplated "Interlocal Agreement Gas Tax Ordinance".
2. A. All proceeds of the tax collected pursuant to said ordinance shall be
divided between Palm BeaGh County and the cities as follows:
collected.
i. The County shall receive seventy-nine percent (79%) of all sums
ii. The cities collectively shall receive twenty-one percent (21 %) of
all sums collected.
B. All money shall be collected and distributed to the respective parties as
provided in Chapter 336.025(2), Florida Statutes.
3. Each Municipality eligible to participate in the distribution of the proceeds of
said tax shall receive a pro rata share of the aforesaid 21 % Municipality share pursuant to a formula
that will be based 70% on lane miles located within a Municipality for which the Municipality is
responsible for maintenance and 30% upon the population of the Municipality based upon the most
recent University of Florida Population Estimate. Said Formula is:
30% x (city population) + 70% x (city lane miles) = Local Distribution
(sum of city population) (sum or c iwa-
Exhibit "A" which is made a part hereof and incorporated herein by reference identifie each
eligible Municipality's pro rata share of the Municipalities 21 % share. The Municipal League, on
behalf of those eligible Municipalities, shall prepare and submit to the County, prior to execution of
this Interlocal Agreement by the Municipalities, the aforementioned Exhibit "A". Moreover, said
distribution may be amended not more than once annually by the Municipal League preparing, on
behalf of said Municipalities, a new Exhibit "A", based upon changes in the foregoing criteria, and
submitting, by June 1st of any year, same to the County Administrator who shall in turn transmit same
to the Department of Revenue.
4. . This is one of several interlocal agreements between the County and various
Municipalities providing for the same terms for the division and distribution of the proceeds of the gas
tax. As such, this interlocal agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which shall constitute one in the same instrument (the
"Interlocal Agreement") for the purpose of paragraph 1@)2 of Section 336.025, Florida Statute. The
2
_. - . . __ .-
0
Interlocal Agreement constitutes an interlocal agreement between Palm Beach County and the
Municipalities located therein representing a majority of the incorporated area population within Palm
Beach County.
5. Nothing in this agreement shall preclude either party from litigating against the other
on matters completely unrelated to and not contemplated by this agreement.
6. This agreement shall take effect only upon execution both by Palm Beach County and
by those Municipalities representing a majority of the population of the incorporated areas of Palm
Beach County. In the event that either Palm Beach County fails or refuses to execute this Agreement
or in the event that those Municipalities representing a majority of the population of the incorporated
areas of Palm Beach County fail to execute this Agreement, then this Agreement automatically shall
be null and void and the parties hereto shall have no further rights or responsibilities hereunder.
7. The invalidity of any portion, article, paragraph, provision, clause or any portion
thereof of this agreement shall have no affect upon validity of any other part of portion hereof.
8. To the extent allowed by law, the venue for any action arising from this agreement shall
be in Palm Beach County, Florida.
9. This agreement shall be governed by and in accordance with the laws of the State of
Florida.
10. In any action brought by either party for the enforcement of the obligations of the other
party, the prevailing party shall be entitled to recover reasonable attorney's fees.
11. Any notice given under the provisions of this agreement shall be in writing and shall
be delivered personally or sent by certified or registered mail, postage prepaid to:
COUNTY:
Palm Beach County
Board of County Commissioners
301 N. Olive Avenue
West Palm Beach, FL 33401
WITH A COPY TO:
County Attorney
301 N. Olive Avenue, Suite 601
West Palm Beach. FL 33401
MUNICIPALITY:
City Manager
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL' 33410
or to such other respective addresses as the parties may designate to each other in writing from time
3
to time. Notice by certified or registered mail, return receipt requested, shall be deemed given on the
date that such notice is deposited in a United States Post Office.
12. The parties expressly agree that time is of essence in this agreement and the failure by
a party to complete performance within the time specified, or within a reasonable time if no time is
specified herein, shall, at the option of the other party without liability, in addition to any other rights
or remedies, relieve the other party of any obligation to accept such performance.
13. The parties hereto expressly covenant and agree that in the event either party is in
default of its obligations herein, that party not in default shall provide to the party in default thirty (30)
days written notice to cure said default before exercising any of its rights as provided for in this
agreement.
14. The parties agree that this agreement sets forth the entire agreement between the parties,
and there are no promises or understandings others than those stated herein. None of the provisions,
terms and conditions contained in this agreement may be added to, modified, superseded or otherwise
altered except by written instrument executed by the parties hereto.
IN WITNESS WHEREOF the parties hereto have set their hands and seals in the day set
forth above.
AITEST: PALM BEACH COUNTY, FLORIDA
DOROTHY H. WILKEN, Clerk BY ITS BOARD OF COUNTY
COMMISSIONERS:
By :
Deputy Clerk
By:
Chair
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
County Attorney
4
- . . ..
CtlY
J Atlanu8
Bene Glade
Bou Ram
Boynton 8each
my ereetes
Cloud Lake
oeiray Beach
Glen Ridge
bon
OOMrlew
Gleenacres City
buWeam
Hrnerntti
Highland Beech
Hypduxo
Juno Beach
Jupiter
Jupiter Met Cdony
We Clarke shwoo
we Pat
Lpke wm
Lmnana
Mmalapm
Mngafia Park
North Palm Beach Ocean Ridge
Paholtw
Palm Beach
Palm Beach Oardenr
Pllm Beach shorer
Palm Sfninga
RMera Beach
Royal Palm Beach
Soovr Palm Beach
TequMa
Vlresl Palm Beach
swth eey
EXHIBIT "A"
INCORPORATED PALM BEACH co
END OF YEAR 1993
*
POPUUTION AND LANE MILES DISTR~BUT~ON
INCORPORATED PERCENT OF INCORPORATED PERCENT OF
POPULATION TOTAL INC. LANE MlES TOTAL INC. .. PoPvunoN UNE MILES
1,6?3
17,m
63.224
48,144
395
121
48,346
21 1
le0
163
21.938
703
1,154
3,234
1,117
2.185
25,898
406
3,813
6,639
28,387
8,396
321
1.411
1 1 ,747
1,593
6,871
8,819
27,553
1.031
9,706
27,128
16,462
4,039
1,483
4.503
476,272 ~~270. yI
0.35
3.62
13.30
10.13
0.09
0.03
0.04
0.W
0.a
4.62
0.15
0.24
0.68
0.24
0.46
5.45
0.09
0.76
1.40
6.97
10.17
1 .n
0.07
0.30
2.47
0.34
1.45
207
5.80
OB
2.04
6.71
3.46
0.85
0.31
0.95
14.36 -
24.0
134.3
502.0
244.4
0.0
1.4
387.7
3.3
7.0 '
2.4
25.0
10.0
8.6
4.0
1.3
3,l
136.0
5.4
27.7
59.4
194.2
67.9
9.2
14.0
52.3
26.0
18.4
04.6
90.0
10.3
26.0
208.0
166.8
29.7
0.0
45.2
4Tt .?
- 3vrrr;d
0.78
4.34
16.24
7.91
0.00
0.05
1254
0.11
0.23
0.M
0.61
0.32
0.28
' 0.13
0.04
0.10
4.40
.O.l?
1 .n
6.28
1.87
0.30
0.45
1.69
0.84
0.60
3.0
2.81
0.33
0.84
6.73
5.or
0.06
0.00
1.46 . 15.28
am
PERCENT
LOCAL
DlsTRlBUllW
0.649
4.m
15.357
8.573
0.m
0.039
11.830
0.088
0.110
0.064
1.951
0.271
0.271
0.295
0.1m
0.208
4.714
0.148
0.855
1 .?e4
6.189
1.841
OZB
0. (08
1 .m
0.W
0.W
2162
3.m
0.290
1.201
6.411
4.389
0.927
0.094
1 .a
44.9% rgg
i
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 6,2004
Meeting Date: October 21,2004
Resolution 204,2004
SubjecUAgenda Item:
Resolution 204,2004: Military Trail Grant
Consideration for approval: A City-initiated petition, providing for an amendment to the
previously approved Resolution 136, 2004, which approved a limited 50/50 matching grant for
single-family dwellings and multi-family developments/subdivisions that abut the east and west
sides of Military Trail, between Northlake Boulevard and the EPB 3-C Canal, to allow for a
75/25 (City will fund 75% and the applicant will fund 25%) matching grant to encourage greater
participation. The proposed 75/25 matching portion is proposed at $3,000 per single-family, an
increase of $1,000 from the previous year, and $5,000 per multi-family subdivision/development
per year.
[XI Recommendation to APPROVE
1 Recommendation to DENY
Reviewed by:
Development fl. c4
Compliance
B ahareh Keshavarz- Wolfs,
AICP
Charles K. Wu, AICP
Approved By:
City Manager .
Originating Dept.:
Growth Management:
Manager
Autumn Sorrow
Planner
[ 3 Quasi - Judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[ 3 Required
[ XI Not Required
Affected Parties:
[ ]Notified
[X 3 Not Required
FINANCE: N/A
costs: $ 20,000
Total
$ 20,000
Current FY
Funding Source:
[ ] Operating
[XI Other&
Budget Acct.#:
001.1400.515.3 150
City Council Action:
[ ]Approved
[ 3 App. wl conditions
[ ]Denied
[ 3 Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Resolution 204,2004
0 Resolution 189,2002
0 Resolution 136,2003
Date Prepared: October 6,2004
Meeting Date: October 21,2004
Resolution 204,2004
Page 2
EXECUTIVE SUMMARY
A City-initiated petition to allow for a 75/25 matching grant for single-family dwellings and
multi-family developments/subdivisions that abut the east and west sides of Military Trail,
between Northlake Boulevard and the EPB 3-C Canal. The proposed 75/25 matching portion is
proposed at $3,000 per single-family dwelling, an increase of $1,000 per single-family dwelling
unit from the previous year, and $5,000 per multi-family subdivisioddevelopment per year.
BACKGROUND
On November 7, 2002, the City Council approved Resolution 189, 2002, which provided for a
limited fifty/fifty matching grant for the single-family homeowners for properties abutting the
east side of Military Trail between Northlake Boulevard and PGA Boulevard. In total, ten
homeowners were rewarded individual grants that enabled them to make various improvements
to their homes and lots facing Military Trail. Out of the ten homeowners awarded funds, only
three (3) recipients followed through with the contract which resulted in the reimbursement of
only $2,386.35 of the $10,000 allotted for the FY02/03 grant.
Based on the direction given by the City Council at the July 17th meeting, staff prepared another
Military Trail Grant for the FY 03/04, which the City Council approved with the adoption of
Resolution 136, 2003. The adoption of Resolution 136, 2003 allowed the extension of the grant
from PGA Boulevard up to the EPC 3-C Canal for both the east and west sides of Military Trail,
and includes multi-family developments/subdivisions as well as single-family homes. The grant
also allowed for improvements within the right-of-way to serve as “roadway beautification” for
Military Trail.
The 50/50 matching portion was approved at $2,000 per single-family dwelling, and $5,000 per
multi-family subdivisioddevelopment per year. The budget for this project was $20,000, and
was included in the budget for the FY 03/04. The intent of the grant was to make marked
improvements to these specific homes and multi-family developments/subdivisions visible from
the right-of-way that would cause an immediate visual impact. The types of these improvements
include, but are not limited to, roof cleaningh-epair, exterior walls, paint, landscaping, front
faqade building expansion, driveway, garage door, roadway beautification including signs, and
other off-site improvements, etc. To date, out of the twenty seven (27) initial applications, staff
has received three (3) completed contracts and five (5) signed contracts; no funds have been
awarded at this time.
Staff is proposing an expansion to the 50/50 matching grant to allow for a 75/25 matching grant
program, with the City being responsible for 75% of the grant, for the FY04/05. The purpose of
changing the match from 50/50 to 75/25 is to encourage greater participation, especially
considering the damage that has been caused by hurricanes Frances and Jeanne.
2
i i
Date Prepared: October 6,2004
Meeting Date: October 21,2004
Resolution 204,2004
Page 3
The proposed City matching grant program will come out of the Growth Management
Department’s budget. The proposed 75/25 matching portion is proposed at $3,000 per single-
family dwelling, an increase of $1,000 from the previous year, and $5,000 per multi-family
subdivisioddevelopment per year. Upon approval of this resolution, notifications will be sent to
all qualified property owners informing them of the application date for the 2004/2005 Military
Trail Grant program and the modifications to the grant.
The budget for this project is $20,000, and has been included in the budget for the FY 04/05. At
the end of FY 04/05, staff will provide a status report on the grant programs to the City Council.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 204,2004.
3
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RESOLUTION 204,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA MODIFYING THE MATCHING GRANT
PROGRAM APPROVED BY RESOLUTION 136,2003 TO INCREASE
THE CITY’S MATCHING PORTION; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Military Trail within the City limits of the City of Palm Beach Gardens
was widened in 1995 from two (2) lanes to six (6) lanes that included few mitigating
measures; and
WHEREAS, the single-family and multi-family homes that abut the east and west
sides of Military Trail between Northlake Boulevard and the EPB 3-C Canal have
experienced high-volume vehicular traffic and its associated negative impacts, such as
increased noise and fumes; and
WHEREAS, the negative impacts of the widening of Military Trail have resulted in
declining property values in some residential communities that could potentially destabilize
these communities; and
WHEREAS, it is the desire of the City Council of the City of Palm Beach Gardens to
provide opportunity for roadway beautification, for signs, and other off-site improvements
along Military Trail; and
WHEREAS, on November 7,2002, the City Council approved Resolution 189,2002,
which approved a limited 50/50 matching grant for single-family homeowners for properties
abutting the east side of Military Trail between Northlake Boulevard and PGA Boulevard;
and
WHEREAS, on May 1,2003, the City Council approved Resolution 83,2003, which
approved the waiver for all applicable building permit fees related to the improvements for
the 2003 Military Trail Grants; and
WHEREAS, on August 21,2003, the City Council approved Resolution 136,2003,
which provided for a 50/50 matching grant for single-family and multi-family developments /
subdivisions that abut the east and west sides of Military Trail between Northlake
Boulevard and the EPB 3-C Canal, not to exceed $2,000 per applicant for individual single-
family dwellings and $5,000 for single-family or multi-family developments/subdivisions for
on-site and adjacent right-of-way improvements, including roadway beautification; and
WHEREAS, on June 17, 2004, the City Council approved Resolution 126, 2004,
which approved the waiver for all applicable building permit fees and development
application fees related to the improvements for the Military Trail Improvement Grant; and
Date Prepared: October 6,2004
Date Prepared: October 6,2004
Resolution 204,2004
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WHEREAS, it is the desire of the City Council to provide a limited 75/25 matching
grant to those specific single-family dwellings and single-family and multi-family
developments / subdivisions that have experienced such negative impacts in this area for
home and property improvements; and
WHEREAS, the proposed 75/25 matching portion is proposed at $3,000 per single-
family dwelling and $5,000 per multi-family subdivision / development per year; and
WHEREAS, it is the intent of the matching grant to arrest further decline of property
values, improve homestead ownership, and provide opportunities for roadway
beautification along Military Trail; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
modifies the matching grant program approved by Resolution 136, 2003 to increase the
City’s portion to 75% specifically for single-family and multi-family developments /
subdivisions that abut the east and west sides of Military Trail between Northlake
Boulevard and the EPB 3-C Canal, not to exceed $3,000 per applicant for individual single-
family dwellings and $5,000 for single-family or multi-family developments / subdivisions for
on-site and adjacent right-of-way improvements, including roadway beautification.
SECTION 3. The City Council authorizes staff to adopt specific procedures to
implement such grant program on behalf of the City.
SECTION 4. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
2
Date Prepared: October 6,2004
Resolution 204, 2004
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PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
RV.
ATTEST:
Eric Jablin, Mayor
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SU FFl Cl E N CY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLl N
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
AYE NAY ABSENT --
---
Ghttorney-share\RESOLUTlONShilitary grant agreement amendment - reso 204 2004.doc
3
Date Prepared: October 23,2002
Page 1
CITY OF PALM BEACH GARDENS, FLORIDA
RESOLUTION 189,2002
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, PROVIDING FOR A LIMITED
FIFTY/FIFTY MATCHING GRANT FOR THE SINGLE FAMILY
HOMEOWNERS WHO OWN PROPERTIES ABUTTING THE EAST SIDE
OF MILITARY TRAIL, BETWEEN NORTHLAKE BOULEVARD AND PGA
BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Military Trail within the city limits of City of Palm Beach Gardens was widened in
1995 from two (2) lanes to six (6) lanes that included few mitigating measures; and
WHEREAS, the single family homes that abut the east side of Military Trail, between Northlake
Boulevard and PGA Boulevard, have since experienced extremely high volume vehicular traffic and
its associated negative impacts such as increased noise and fumes; and
WHEREAS, the negative impacts of the widening of Military Trail have resulted in declining
property values that could potentially destabilize the residential neighborhood; and
WHEREAS, it is the desire of the City Council of the City of Palm Beach Gardens to provide a
limited 50/50 matching grant to those specific single family homeowners who have experienced such
negative impacts in this area for home and property improvement; and
WHEREAS, it is the intent of the matching grant to arrest the further decline of property values and
to improve homesteaded ownership; 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 "WHEREAS" clauses are hereby ratified and confirmed as being true
and correct and are hereby made a specific part of this Resolution.
SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby approves a
limited 50/50 matching grant specifically for owners of single family homes that abut the east side of
Military Trail, between Northlake Boulevard and PGA Boulevard, not to exceed $2,000 per applicant
per year.
. . . .
Date Prepared: August 15,2002
Page 2
SECTION 3 : The City Council authorizes staff to adopt specific procedures to implement such grant
program on behalf of the City.
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the
extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is held by any court
of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect
the validity of the remaining portions or applications of this Resolution.
SECTION 6: This Resolution shall become effective immediately upon adoption.
PASSED, ADOPTED AND APPROVED this
&
LEONARD RUBIN
CITY ATTORNEY
VOTE:
MAYOR JABLIN
VICE MAYOR SABATELLO
COUNCILMEMBER CLARK
COUNCILMEMBER RUSSO
COUNCILMEMBER DELGADO
I AYE NAY ABSENT
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Date Prepared: July 28, 2003
RESOLUTION 136,2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA, APPROVING A LIMITED FIFTY/FIFTY
FAMILY RESIDENTIAL DEVELOPMENTSlSUBDlVlSlONS ABUTTTING
THE EAST AND WEST SIDES OF MILITARY TRAIL, BETWEEN
PROVIDING AN EFFECTIVE DATE.
MATCHING GRANT PROGRAM FOR SINGLE-FAMILY AND MULTI-
NORTHLAKE BOULEVARD AND THE EPB 3-C CANAL; AND
WHEREAS, on November 7, 2003, the City Council of the City of Palm Beach
Gardens approved Resolution 189,2002, which approved a limited fifty/fifty matching grant
for single-family homeowners for properties abutting the east side of Military Trail between
Northlake Boulevard and PGA Boulevard; and
WHEREAS, Military Trail within the City limits of City of Palm Beach Gardens was
widened in 1995 from two (2) lanes to six (6) lanes that included few mitigating measures;
and
WHEREAS, the single-family and multi-family homes that abut the east and west
sides of Military Trail between Northlake Boulevard and the EPB 3-C Canal have
experienced high volume vehicular traffic and its associated negative impacts such as
increased noise and fumes; and
WHEREAS, the negative impacts of the widening of Military Trail have resulted in
declining property values in some residential communities that could potentially destabilize
these communities; and
WHEREAS, it is the desire of the City Council of the City of Palm Beach Gardens to
provide opportunity for roadway beautification, for signs, and other off-site improvements
along Military Trail; and
WHEREAS, it is the desire of the City Council of the City of Palm Beach Gardens to
provide a limited 50150 matching grant to those specific single-family dwellings and single-
family and multi-family developments/subdivisions that have experienced such negative
impacts in this area for home and property improvements; and
WHEREAS, it is the intent of the matching grant to arrest further decline of property
values, improve homestead ownership, and provide opportunities for roadway
beautification along Military Trail; 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.
I
Date Prepared: July 28,2003
Resolution 136,2003
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6 SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
7 approves a limited 50/50 matching grant program, specifically for single-family and multi-
8 family developmentslsubdivisions that abut the east and west sides of Military Trail
9 between Northlake Boulevard and the EPB 3-C Canal, not to exceed $2,000 per applicant
10 for individual single-family dwellings and $5,000 for single-family or multi-family
1 1 developments/subdivisions for on-site and adjacent right-of-way improvements, including
12 roadway beautification.
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14 SECTION 3. The City Council authorizes staff to adopt specific procedures to
15
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. 1
I
implement such grant program on behalf of the City.
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SECTION 4. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: July 28.2003
Resolution 136,2003
,2003. PASSED AND ADOPTED this d/3r day of &gd 44-
ATTEST:
A
GARDENS, FLORIDA
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
VOTE:
J MAYOR JABLIN -
VICE MAYOR SABATELLO -
COUNCILMEMBER CLARK J
COUNCILMEMBER RUSSO -
COUNCILMEMBER DELGADO - J
- NAY ABSENT
d
G:\attorney-shareWESOLUTlONS\Reso 136 2003 - beautification grants on rnilitaly trail.doc
3
Military Trail Grant Procedure
Applicability:
1. The Military Trail Grant (“Grant”) is applicable to only those single-family and
multi-family homes that abut the east and west side of Military Trail between
Northlake Boulevard and the EPB 3-C Canal.
2. The Grant is limited to $2000.00 per single-family property, and $5000.00 per
multi-family developments/subdivisions per calendar year.
3. The Grant is a fifiy/fifty match, with the homeowner being responsible for half,
and the City responsible for half as the matching portion, The amount is not to
exceed $2000.00 and $5000.00 for single-family dwellings and multi-family
developmenthubdivisions, respectively.
4. The Grant is limited to home or property improvements visible from Military
Trail such as roof cleaninglrepair, exterior walls, paint, landscaping, front faqade
building expansion, driveway, garage door, signs and other related off-site
improvements related to roadway beautification. The grant shall cover material
and labor. Labor costs shall be from a property licensed contractor or estimated by
staff if the homeowner is doing the work.
Procedure:
1. The City staff prepares a Resolution for the City Council’s approval authorizing
the initial approval of the Grant.
2. Applications are sent out by the City to all property owners within the designated
area of the Grant. Homeowner and/or subdivision or development representative
files an application, indicating the specifics and nature of the improvements. The
application may include photographs, plans, sketches, and written estimates from
licensed contractors. Additional information may be required, as determined by
the Growth Management Department.
3. Representatives from both the Building and Planning and Zoning Divisions visit
the property to document the need and nature of the proposed improvement and
verify code compliance.
4. The winners of the grant notified via certified mail. The notification will include
a contract that lists the permitted improvements and the amount of grant money
awarded. Within six months of signing the contract, all improvements are
required to be complete.
5. The homeowner proceeds with the home, property and/or off-site improvements.
6. Upon completion, Building staff verifies the work produce “as built” and material
involved.
7. The matching grant funds will be issued to the homeowners once Building
division has verified improvements.
CITY OF PALM BEACH GARDENS
MEMORANDUM
TO: Mayor and City Council
DATE: October 13,2004
FROM:
THRU: Ron Ferris, City Manager
SUBJECT: Target Planned Unit Development (Resolution 135,2004)
On October 7, 2004, the City Council held a joint meeting with the Town of Lake Park,
in order to consider the proposed Target Planned Unit Development (PUD), which is
located within both municipal jurisdictions.
At the aforementioned meeting, the City Council considered the following items: . Ordinance 39,2004 Rezoning Ordinance Adopted 10/7/2004 . Resolution 135,2004 Site Plan Continued to 10/21/2004 . Resolution 136,2004 Payment-in-lieu Adopted 10/7/2004
Charles K. Wu, Growth Management Administrato&& k-, (A^
Impact Fees
The attached staff report was presented to the City Council at the October 7, 2004 City
Council meeting and has been included in whole to support the consideration of
Resolution 135,2004. Resolution 135,2004 was postponed in order to give the applicant
an opportunity to work with staff on amending the conditions of approval. Staff has
successfully worked with the applicant to address all issues and the attached Resolution
has been amended accordingly. All changes have been indicated with shading, as well as
underlining for added words and s&&e-e& for removed words.
Staff recommends approval of Resolution 135, 2004, which approves the master site
plan, waivers and conditions of approval for the Target Planned Unit Development
(PW.
Thank you for your consideration in this matter.
C: Christine Tatum, City Attorney
Charles K. Wu, Growth Management Administrator
Tala1 Benothman, Planning & Zoning Division Director
Kara Irwin, Senior Planner
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: June 11,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Sub j ect/Agenda I tem:
Ordinance 30,2004 & Resolution 135,2004: Target Planned Unit Development (PUD) (a.k.a.
Northlake Square East); Resolution 136,2004: Agreement for Payment in-lieu of Impact Fees.
Public Hearing and Second Reading: A request by Urban Design Studio, agent for Northlake
Square East, Joint Venture, for a rezoning from Research and Light Industrial Park to Planned Unit
Development (PUD) Overlay for 8.29 acres in the City of Palm Beach Gardens, and rezoning from
Traditional Neighborhood District (TND) to PUD Commercial for 10.83 acres in the Town of Lake
Park to allow for the development of a 13 1,839 square-foot retail building on a 19.12-acre site. The
site is located at the southeast corner of the intersection of Northlake Boulevard and Congress
Avenue within the municipal boundaries of the City of Palm Beach Gardens and the Town of Lake
Park.
[XI Recommendation for APPROVAL with conditions and six waivers
] Recommendation to DENY
Reviewed by:
Division Director
Tala1 M. Benothman, AIC
Planning and Zoning
Christine Tatum
Finance N/A
Developmen
Compliance
AICP
Admmistrato
Approved By:
Ronald M. Ferris -
Originating Dept.:
Growth Manage6
Project Manager
Kara Irwin
Senior Planner
Action:
[ ] Quasi-judicial
[ ] Legislative
[ X ] Public Hearing
Advertised:
Date: 08/23/04
Paper: Palm Beach Post
[XI Required
[ 3 Not Required
Affected Parties:
JJ 3 Notified
[ ] Not Required
FINANCE: N/A
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ 3 Operating
[XI Other N/A
Budget Acct.#:
N/A
City Council Action:
[ ]Approved
[ 3 App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. wl conds.
[ 3 Rec. Denial
[ ] Continued to:
Attachments:
0 Waiver Justification
Interlocal Agreement
Site Plan
Landscaping
Elevations
0 Ordinance 30,2004
Resolution 135,2004
Resolution 136, 2004
Date Prepared: June 1 1,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Page 2 of 12
EXECUTIVE SUMMARY
The attached staff report details a request by Urban Design Studio, agent for Northlake Square East,
Joint Venture, to allow the development of a 13 1,839 square-foot retail building on a 19.12-acre site.
The applicant is requesting approval of six (6) waivers, all of which staff is recommending approval
(please refer to “Waivers” section of this report).
In accordance with the Interlocal Agreement between the Town of lake Park and the City, the
applicant is required to submit an agreement for payment of fees to the City in-lieu of road, police
and fire impact fees. Although all of the vertical construction, which is used to determine the
assessment of City Impact Fees, is located within the boundaries of the Town of Lake Park, the City
Services will still be impacted. The applicant is proposing to pay 43% of the assessed impact fees.
The City Staff has proposed that the applicant pay 100% of the impact fees for the proposed project.
The impacts on the City’s services and roadways are the same, regardless of the location of the
building on the site. By locating the building within the boundary of Lake Park, the applicant avoids
paying their fair share of the impact fees associated with the project, as the Town of Lake Park does
not have provision for collecting impact fees.
Staff recommends approval of Resolution 136,2004, which approves the Agreement for Payment-
in-Lieu of Impact Fees for 100% of the subject site, which should be considered prior to the second
reading of Ordinance 30,2004.
Staff recommends approval of the rezoning of 8.29 acres of the parcel from Research and Light
Industrial Park (MI) to a Planned Unit Development (PUD) Overlay with an underlying zoning of
General Commercial (CG-1) through adoption of Ordinance 30,2004.
Staff recommends approval of Resolution 135,2004, which approved the master site plan, waivers
and conditions of approval for the Planned Unit Development (PUD), which should be considered
after the second reading of Ordinance 30,2004.
Date Prepared: June 11,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Page 3 of 12
BACKGROUND
The 19.12-acre subject site is located within two (2) separate municipal boundaries. Approximately
8.29 acres, or 43% of the site is within the City of Palm Beach Gardens, and approximately 10.83
acres, or 57% of the site, is within the Town of Lake Park. In February 2004, the City and the Town
signed an interlocal joint development agreement to provide for a coordinated development review
process, centralized permitting and code enforcement in order to develop the property in accordance
with the land development regulations of both municipalities. As such, each municipality will
review the application under its respective land development regulations. Each jurisdiction,
however, shall take separate action regarding the development at jointly held meetings. Both the
governing bodies of the Town and the City will jointly review the project, and both governing bodies
will also jointly review and hold public hearings, but take final actions separately. The Town of
Lake Park is responsible for leading the processing of all development applications of the site in
accordance with the Interlocal Agreement.
LAND USE AND ZONING
The portion of the site within the City of Palm Beach Gardens is currently zoned Research and Light
Industrial Park (MI), has a future land-use designation of Commercial (C), and is designated
Commercial (C) on the Vision Plan. The site is within the “Central District” of the Northlake
Boulevard Overlay Zoning District. The applicant is proposing to rezone the site to Planned Unit
Development (PUD) Overlay with an underlying zoning of General Commercial (CG-1). The
proposed development is consistent with the future land-use designation, as identified in the City’s
Comprehensive Plan.
The zoning under the Town of Lake Park is currently Traditional Neighborhood District (TND), with
a future land-use designation of Mixed Use CommerciaVLight Industrial. The applicant is proposing
to rezone the parcel to a Planned Unit Development (PUD) with an underlying zoning of General
Commercial (CG-1).
CONCURRENCY
The applicant has received traffic concurrency from Palm Beach County; the build-out date for the
project is December 31,2004. The subject site was granted conditional concurrency approval for
81,300 square feet of general retail and 14,000 square feet of restaurant use (high turn-over). The
applicant has provided staff with an equivalency statement to convert the approved square footage to
the uses proposed on the Planned Unit Development Site Plan. The equivalency is currently under
review by the City’s traffic consultant.
The applicant has reserved water and sewer capacity and waste management service for the site.
Date Prepared: June 11,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Page 4 of 12
PROJECT DETAILS
Building Site
The 19.12-acre site consists of a one-story 125,739 square-foot commercial / retail and a 6,100
square-foot garden center. The 33’ 4”- high building will be located at the southern end of the site,
completely within the jurisdiction of the Town of Lake Park. The majority of the parking area (91%
of the required parking) will be located within the portion of the site that lies within the City of Palm
Beach Gardens.
Site Access
Vehicular access to the site is available by a two-way hveway off of Northlake Boulevard, and three
two-way driveways off of Congress Avenue. Two median cuts, aligned with the two southernmost
driveways, are proposed along Congress Avenue, providing access into the site from traffic heading
south on Congress Avenue.
Signage
Three (3) project identification monument signs are being proposed for this project: two within the
City limits and one within the Town limits. This is consistent with both the NBOZ Section 78-229
Table 5-6: Business Signs, which allow one monument sign per 300’ of linear frontage, and one
additional sign for every 700’. The linear frontage of the project allows for three monument signs.
The first sign will be located immediately east of the Northlake Boulevard access driveway, the
second monument sign is proposed on the south side of the access driveway off Congress Avenue
closest to Northlake Boulevard, and the third monument sign is located on the south side of the
Congress Avenue access driveway located approximately 370 feet south of the previous signage
location.
The applicant has requested a sign waiver from the NBOZ Section 78-229: Table 5-6, to allow for
additional wall signs on the building. The applicant has requested approval for five (5) wall signs in
lieu of the maximum one sign per buildinghenant. The applicant is requesting three (3) major
buildinghenant signs and two (2) tenant signs. The applicant is requesting a major tenant
identification sign on the rear (south) elevation, side (west) elevation, and the front (north) elevation,
as well as signage for the garden center and pharmacy on the front (north) elevation.
In addition, the applicant has requested a sign waiver from the NBOZ Section 78-229: Table 5-6, to
allow more than the maximum ninety (90) square feet of sign copy area for the three Target wall
signs.
Date Prepared: June 11,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Page 5 of 12
Landsca ping/Bu ffering
The applicant shall be responsible for the installation of landscaping, irrigation, and maintenance of
the roadway shoulders and medians (pro-rata share) on Congress Avenue and Northlake Boulevard
within six (6) months of the issuance of a land alteration permit. Landscape plans for the Northlake
Boulevard median have been already prepared and approved through the Northlake Boulevard
Corridor Task Force. The applicant shall be required to follow the approved plan.
The applicant is proposing a twenty-foot (20’) landscape buffer along Northlake Boulevard, and a
fifteen-foot (1 5’) landscape buffer along Congress Avenue on top of a 2’-3’ berm. The applicant is
proposing an eight-foot (8’) buffer along the east and south property lines.
Phasing
The proposed project will be built in one phase, according to the applicant.
Drainage -
The project is located within the South Florida Water Management District (SFWMD) C-17
Drainage Basin. Storm water runoff from the site sheet flows to the soutldsouthwest into several low
lying areas. The subject parcel lies within Federal Emergency Management Agency (FEMA) flood
zone A8, which has a 100 year flood elevation of thirteen feet (13’) NGVD (National Geodetic
Vertical Datum of 1929). Since the parcel is within the Special Flood Hazard Area (SFHA), the
applicant shall be required to meet all applicable requirements of the City’s Floodplain Management
Ordinance. All new non-residential buildings are required to have the lowest floor elevated to no
lower than 0.5 feet above the base flood elevation or the South Florida Water Management District
zero discharge finished floor, whichever is greater. Buildings located in all A-Zones may be flood-
proofed in lieu of being elevated. In addition, the applicant will be required to provide elevation
certificates during construction and prior to issuance of the Certificate of Occupancy, per the City’s
Floodplain Management Ordinance (Ordinance 1 , 2002).
The existing lake along the south portion of the site was constructed to provide storage and treatment
of the storm water runoff from Congress Avenue when it was extended from Blue Heron Boulevard
to Northlake Boulevard. Two additional on-site wet retention lakes will be constructed to provide
for additional storage and compensating floodplain storage. The proposed system will also include
exfiltration trenches to provide the required dry pre-treatment. The outfall of the entire drainage
system will discharge into the C-17 Canal.
Parking
The applicant meets the minimum parking requirements for the entire site. The entire project, based
Date Prepared: June 11,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Page 6 of 12
on the proposed square footage of the building and garden center, requires 528 parking spaces. The
applicant is proposing 545 parking spaces, including eleven (1 1) handicap spaces. A waiver is
requested to allow for a reduction in the width and length of each parking stall. Section 78-345 of
the LDRs requires a 10’ X 18.5’ parking stall and the applicant is requesting a width of 9.5’ and a
length of 16.5 (with a two-foot overhang) for all parking spaces.
Design and Architecture
The applicant has proposed a contemporary style of architecture to model the approved architecture
of the project on the west side of the roadway, Congress Plaza West, which was approved by the City
Council on January 8,2004. The applicant has utilized various architectural elements to beautifj the
building, such as: horizontal and vertical projections that provide depth and a varied roof line,
fenestration, accent materials, and a tower theme that begins at the Northlake Boulevard entrance and
continues to the building entrance.
The applicant has provided elevations illustrating the architecture of the proposed building.
[The remainder of the page intentionally left blank]
Date Prepared: June 11,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Page 7 of 12
Waivers
Code Section Required Provided Waiver Recommendation
10’ x 18.5’ 9.5’ x 18.5’ .5’ support
1 8.5’ length overhang 2.5’ of pavement support
Section 78-344( 1)( 1) Parking
Stall and Bay Dimensions
Section 78-344 (1) (l)(a)
Parking Space Length
Section 78-563 (e) Lake
Encroachments
Section 78-563 Lake
Maintenance Easement
16.5’ with 2 foot
landscape area
Overlooks, Overlooks,
sidewalks, arbors sidewalks, arbors Maintenance Easement No buildings, structures support
20’ 13’ 7’ support
Section 78-285 Wall Sign 1 Sign Per Building 5 Signs 3 Signs support
support
support
support
South - 144 Sq. ft South - 54 Sq. ft.
North - 175 Sq. ft. North - 85 Sq. ft.
Section 78-285 Wall Sign
Size Max. 90 square feet West - 144 sq. ft. East - 54 sq. ft.
* The Town of Lake Park variances not listed.
The applicant has requested eight waivers from the Land Development Regulations and the
justification statement for such waivers is attached for your review.
1) Parking Stall and Bay Dimensions: The applicant has requested a waiver from the minimum
parking stall width requirement of ten (10) feet to allow nine and one-half (9.5) foot parking
stalls. The code specifically requires a ratio of 1.5 square feet of additional open space for each
square foot of parking area that is reduced.
Code Requirement: Section 78-344 (1) (1) requires a minimum parking stall width of ten (10)
feet.
Staff Recommendation: The applicant has provided the calculations to demonstrate the
justification for the waiver. Staff recommends approval of the waiver request
2) Parking Stall and Bay Dimensions: The applicant has also requested a waiver from the
minimum parking stall length requirement of eighteen and one-half (1 8.5) feet to allow sixteen
and one-half (16.5) foot parking stalls for parking spaces with a two foot overhang.
Code Requirement: Section 78-344 (1) (1) requires a minimum parking stall length of eighteen
Date Prepared: June 1 1,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Page 8 of 12
and one-half (1 8.5) feet.
Staff Recommendation: The proposed parking space design meets the intent of the 18.5-foot
Code requirement as a two (2) foot vehicular overhang is being provided independently of the
16.5-foot parking space. As demonstrated in the applicant’s waiver justification attached hereto,
the applicant has provided above the additional open space required to allow for a reduction in
the pavement area. This waiver request is consistent with several other projects within the City
and allows for more landscaping and open space on site. Staff recommends approval the waiver
request.
3) Lake Maintenance Easement: The applicant is proposing a landscaping and trellis feature
within the proposed Lake Maintenance Easement (LME).
Code Requirement: Section 78-563 Lake Maintenance Easements, prohibits encumbrances with
the 20 foot lake maintenance easements.
Staff Recommendation: The applicant is proposing a significant amount of landscaping within
the lake maintenance easements for aesthetics purposes. The applicant has provided a design for
the lake maintenance easements that includes landscaping while still providing access to the
lakes in strategic locations. Staff believes that the proposed design of the landscaping within the
lake maintenance easements will benefit the site aesthetically and will not impede the
maintenance of the lakes. Staff recommends approval of the waiver request.
4) Lake Maintenance Easement: The applicant is proposing a thirteen-foot Lake Maintenance
Easement (LME).
Code Requirement: Section 78-563 Lake Maintenance Easements, requires a 20-foot lake
maintenance easements.
Staff Recommendation: The applicant is proposing a reduced width for the lake maintenance
easements surrounding the lakes adjacent to Northlake Boulevard. The applicant has provided
a design for the lake maintenance easements that includes landscaping while still providing
access to the lakes in strategic locations. Staff believes that the proposed reduction of the width
of the lake maintenance easements will not impede the maintenance of the lakes. Staff
recommends approval of the waiver request.
5) Signage: The applicant is requesting approval for additional wall signage for the north (1 sign),
west (1 sign), and south (1 sign) elevations of the building. The applicant is proposing a total of
three identification signs on the building.
Code Requirement: Section 78-285 Signage, allows a maximum of one sign for a principal
Date Prepared: June 1 1,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Page 9 of 12
tenanthuilding identification sign.
Staff Recommendation: The applicant is proposing three major tenant identification wall signs
for placement on three of the building elevations. On the north elevation (front), the applicant is
proposing one sign: a 175 square-foot wall sign, which includes a logo. On the west elevation
(right) and the south elevation (rear), the applicant is proposing identical signage: a 144 square-
foot logo. In staff s professional opinion, signage on elevations visible from adjacent rights-of-
way is justifiable; therefore, staff recommends approval of the proposed signage.
6) Signage: The applicant is requesting a waiver from the maximum signage area for wall signs.
Code Requirement: Section 78-285 Signage, allows a maximum area for wall signs of ninety
(90) square feet.
Staff Recommendation: The applicant is proposing an increase in the area of the wall signs in
order to provide a better proportion in size of the signage to the size of the building. Staff
supports the increase in the area for the three major tenant signs. Staff recommends approval of
the waiver for the sign (logo) on the west elevations and the major tenant (Target) sign and logo
on the north elevation.
CEPTED Compliance
Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime
prevention, which has its basic premise that the physical environment can be changed or managed to
produce behavioral effects that will reduce the incident and fear of crime.
The Police Department has reviewed the site plan and has provided staff with several comments
pertaining to security on site and adherence to the principles of Crime Prevention Through
Environmental Design (CPTED). These comments have been incorporated as conditions of approval
in the development order.
PAYMENT IN-LIEU-OF IMPACT FEES (Resolution 136,2004)
On February 5,2004, the City Council adopted Resolution 170,2003, which approved an Interlocal
Agreement that provided for the joint development review between the City of Palm Beach Gardens
and the Town of Lake Park for the subject site. Approximately 8.29 acres (43%) of the site is within
the City of Palm Beach Gardens, and 10.83 acres (57%) of the site is in the Town of Lake Park.
The proposed Interlocal Agreement allowed the Town of Lake Park and the City of Palm Beach
Gardens to mutually review and approve the development application for the subject parcel. Per the
Agreement, the developer was required to submit an agreement for payment in-lieu of impact fees for
Date Prepared: June 1 1,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Page IO of 12
the project to the City of Palm Beach Gardens.
It is City policy to have new development address its impacts on City roads, police and fire services
through payment of impact fees. While the entire site impacts the City’s services, the applicant is
proposing to only provide impact fees in proportion to the area of the site within the jurisdiction of
the City (43%). The Agreement will provide for the payment of the value of impact fees determined
by an assessment of the vertical construction by the City’s Building Division during permit review.
The City Staff has proposed that the applicant pay 100% of the impact fees for the proposed project.
The impacts on the City’s services and roadways are the same, regardless of the location of the
building on the site. By locating the building within the boundary of Lake Park, the applicant avoids
paying their fair share of the impact fees associated with the project, as the Town of Lake Park does
not have provisions for collecting impact fees. Resolution 136,2004 approves the Agreement with
100% of the assessed impact fees payable to the City of Palm Beach Gardens.
The Developer has been informed that the City is currently in the process of amending the impact fee
schedule, and agrees that the calculation of fees will be based upon the schedule in effect on the date
the first building permit for vertical construction is issued.
PLANNING, ZONING & APPEALS BOARD RECOMMENDATION
On June 8,2004, the Planning, Zoning & Appeals Board held a joint public hearing with the Town
of Lake Park and recommended approval to City Council with a vote of 5-0.
The general consensus of the Planning, Zoning & Appeals Board was that the applicant had made
great efforts to address the concerns regarding the architecture, site planning, and requested waivers
in order to present a project acceptable to both jurisdictions.
CITY COUNCIL
On August 15,2004, the City of Palm Beach Gardens City Council and the Town of Lake Park
Commission reviewed the subject petition on first reading at a joint development review meeting.
The Town of Lake Park Commissioner voted 5-0 in favor of the petition, and the City Council of the
City of Palm Beach Gardens voted 3-0 in favor of the subject petition.
The City Council and Town Commission required the applicant to address five minor issues prior to
second reading of the proposed ordinance and adoption of the proposed resolution. The applicant
was directed to revise the plan according to issues related to the signage, the red bollards, the size of
trees at planting, the replacement of relocated ficus trees, and the aeration of southern lake. In order
to address those issues, staff added conditions of approval to Resolution 135, 2004, which the
applicant is required to address within thirty (30) days of approval.
Date Prepared: June 1 1,2004
Meeting Date: October 7, 2004
Ordinance 30,2004
Resolution 135,2004 & Resolution 136,2004
Page 1 1 of 12
STAFF RECOMMENDATION
Staff recommends APPROVAL of the rezoning of the parcel from Research and Light Industrial
Park (MI) to a Planned Unit Development (PUD) Overlay with an underlying zoning of General
Commercial (CG-1) for the 8.29 acres within the City of Palm Beach Gardens through adoption of
Ordinance 30,2004.
Staff recommends APPROVAL of Resolution 135, 2004, with six waivers and conditions of
approval based on the following findings of fact:
The applicant has met the intent of the City’s Comprehensive Plan;
The applicant has met the intent of the City’s Land Development Regulations;
The applicant has met the intent of the Northlake Boulevard Overlay Regulations; and
The proposed development is compatible with the adjacent existing and hture land uses.
Staff recommends APPROVAL of Resolution 136,2004, which approves the payment of 100% of
the assessed impact fees for the Target Planned Unit Development (PUD).
Date Prepared: June 1 1,2004
Meeting Date: October 7,2004
Ordinance 30,2004
Resolution 135,2004 &Resolution 136,2004
Page 12 of 12
South
Vacant Land
(Town of Lake Park)
I Subiect Property I Research and Light Industrial Park
VacantNndeveloped (MI)
Mixed Commercial & Light
Industrial (MC/LI)
(Town of Lake Park)
Business District (C2)
(Town of Lake Park)
Planned Unit Development (PUD)
Commercial (C)
Code Requirement
mh
Applebee’s Restaurant, Pep Boys
Auto Shop, Walgreens, & Pol10
Tropical
General Commercial (CG-1)
Proposed Plan Consistent?
Commercial (C)
Minimum Building Setbacks:
Front 50’
Side 15’
Side (Street Facing) 40’
Rear 15’
Maximum Building Height 36’ +
architectural features per 178-184 of
LDlU55’NBOZ
Maximum Lot Coverage 35%
Parking 528 spaces
Parking stall width 10’ X 18.5’
Open Space 15% or .88 AC
Bicycle Spaces 27 spaces
Number Monument Signs 3
- +860’ Yes
- +36’ Yes
- +107’ Yes
- +380’ Yes
33’ 4” Yes
15.8% Yes
545 spaces Yes
9.5’ X 16.5’
47% Yes
27 spaces Yes
3 Yes
No -waiver requested
West
Northlake Square West
with an underlying General
Commercial (CG- 1) zoning Commercial (C)
I designation I East
K-MzPlaza C1 Business District Commercial (C)
RUG.31.2004 4:25PM 'I
Departmenz of Engineering
and Publlc WOrh
P.O. BOX 21229
west Rlm Beach. FL 9f416-1229
(561) 664-4000
www.pbcgov.com
Palm Beach County
Board of county
Commisrionem
Karen T, Marcus, Chair
Tony MasiloKi. Vice Chairman
JePP Koons
warren H. wewell
Mary MCCW
Burt Aaronsan
Addie L, Gleene
PBC TRQFFIC ENG N0.479 P.2
August 31.2004
Ms. Judy A. T. Dye
Assistant City Engineer
Palm Beach Gardens
C/O LBFH Inc.
3550 S. W. Corporate Pkwy.
Palm City, FL 34990
RE: Northlake Square East - Target
TRAFFIC PERFORMANCE STANDARDS REVIEW
Dear Ms. Dye:
The Palm Beach County Traffic Division has rc.viewed the revised traffic study for the
project entitled; Northlake Square East - Tarqet, pursuant to the Traftlc Performance
Standards in Article 12 of the Palm Beach County Land Development Code. The
project is summarized qs follows:
Location: East side of Congress Aveiue, south of Northlake Boulevard.
Municipallty: Palm Beach Gardens
Existlng Uses: None
Proposed Uses: 131,839 SF of General Commercial Retail
New Dally Trips: 4,712 @ 42.13% Pass-by
New PH Trips: 109 AM and 436 PM @ 42.13% Pass-by
Build-out: 2006
Based on our review, the Traffic Division has d 3errnined that the revised development
plan for the previously approved project (Rarc{!ls 34.01C & 34.03C) meets the Traffic
Performance Standards of Palm Beach Cohnty'. This approval Is however contingent to
the following conditions:
C
Deve1opmer)t restricted to building pelpits generating no qore than 20 peak
hour trips (corresponding to 1,350 squsre feet of general retail) until the contract
is let to extend the westbound left-turn lanes at the intersection of Northlake
.Boulevard and Congress Avenue.
Development restricted to building permits generating no more than 29 peak
hour trips (corresponding to 2,350 kquqre feet of general retail) until the contract
is let to extend the northbound right4 irn lane at the intersection of Northlake Boulevard and Congress Avenue.' \
Development restricted to no building permits until contract is let to extend the
westbound left turn lanes at the intersection of Silver Beach Road and Congress
Avenue.
Furthermore, it is suggested for the city tg corvider the following: r
0 Based on the current project traWic c/rculation plan, a considerable number of
autos may make a westbound U-furn t the intersection of Northlqke Boulevard
and Congress Avenue. It is sugqest d for actions to be taken to divert project
traffic coming from east on Nonhake I Boulevard to use project access
I I ,driveways on Congress Avenue.
i @ printed an recycledpaper
QUG.31.2884 4:25PM PBC TRRFFIC ENG r ,
, ..
b *
August 31,2004
Page 2
N0.479 P.3
;j
I ‘i
All improvements indicated above must be in copjunction with the results of the peak
hour intersection queuing analysis in the “Congress Corridor Traffic Operations Study’’
coqducted by Kimiey-Worn & associates, completed in August I I, 2004, For all above
improvements that are not assured, the develpper must enter into a Public Facilities
Agreement with the County within six month of issuing a development order for the
project to assure the project condition. No building permits are to be issued by the town,
after the build-out date, specified abave. The Ciounty traffic concurrency approval is
subject to the Project Aggregation Rules set forth in the Traffic Performance Standards
Ordinance.
If you have any questions regarding this detefminz~tion, please contact me at 6844030.
Sirperely,
OFFICE OF THE COUNTY ENGINEER m:m
wn
Masoud Atefi,
Sr. Engineer - rqffic
cc: Town of Lake ParP Kimley-Horn 8 qssoclates, Inc.
MTP Group, Ins.
Flle: General - TPS - Mun -Traffic Study Review
F:\T~FFIC\maV\drninV\ppr~va16\040112.UOc
I
urban
For
WAIVEWARIANCE REQUESTS
AND JUSTIFICATION STATEMENTS
NORTHLAKE SQUARE EAST a.k.a. TARGET STORE
PARCEL 34.01 East
S.E. Corner Congress and Northlake Boulevard Urban Design
Urban Planning
Landscape Architecture July 11,2003 Land Planning
Revised September 2gth, 2003
Revised February 24,2004
'our review and information are the waiver requests and justification statements for the
submitted site plan with the reflected code references:
1. Minimum Parkinp Dimensions (PBG Section 78-344 (1)(1) a. and LP Section 32-86)
We are proposing to reduce the width of the required parking space fi-om 10 feet to 9.5 feet
throughout the entire parcel. The request is made to allow for greater green space and
landscape areas. As this site serves as the entry to Palm Beach Gardens, heading north on
Congress and the Town of Lake Park heading south, the site is designed to create a greater
sense of place and maximizing green space is consistent with that goal as well as the code
requirement.
An alternate ten foot spaces plan will be provided as required.
2. Ten Parkin? Spaces in a Row (PBG Section 78-315 (b.1)
We are requesting a waiver to allow IO parking spaces in a row. This waiver permits better
site utilization. By allowing 10 spaces in a row, the parking layout is more efficient and
maximizes parking spaces based on the property dimensions and project requirements. We
are showing 10 parking spaces in a row in limited areas. In the areas with 10 spaces in arow,
we either provide landscape diamonds or a landscape strip in order to provide additional
landscaping. We are also requesting a waiver from Lake Park to reduce the required number
of parking spaces as their code requires 5 spaces per 1000 square feet of use. It is requested
that the ten spaces in a row be permitted in limited areas to take advantage of individual
spaces that result from the linear nature of the site while maintaining symmetry of the overall
design. Based on the NBOZ, the landscape islands are a minimum of 8' in wide which is 3'
wider than the Palm Beach Gardens code requirements. Pavers and interconnected
pedestrian walks with site amenities also serve to minimize the impact of this request.
We believe that having 10 parking spaces in a row provides a more efficient and aesthetically
pleasing design while attempting to addressing the NBOZ and
Lake Park Code provisions.
O:Uobs\Target PBO-Lake Park\ApplicationInformation\waivequst02240~.~
KC3S
477 S. Rosemary Avenue
Suite 225 - The Lofts at City Place
West Palm Beach, FL 33401
561.366.1100 561.366.1111 fax
LCC35
Waiver List
February 24,2004
Page 2
3. Elimination of wheel stops (PBG Section 78-344(e), NBOZ Article IV E. 4 and LP
Section 32-86 f. 5.
This waiver request is to allow the internal parking bays to be constructed without wheel
stops. The applicant is very concerned about the liability associated with the use of wheel
stops. Wheel stops have been the subject of numerous lawsuits. They also inhibit the proper
maintenance of parking areas by restricting free access for cleaning and re-surfacing.
Interpretation of this section of the code indicates that the use of these “parking control
devices is to avoid encroachment into landscape areas or avoid encroachment of parked cars
into travel aisles or pedestrian facilities.” The proposed site plan provides all internal
landscape areas with protective curbing as required by code. The internal parking bays are
located in areas which do not conflict with either travel aisles or pedestrian facilities,
therefore, we feel that the parking spaces meet the intent of the code in this regard.
4. Parking Space Lencth (PBG Section 78-344(1)(1)a. and Section 78-344(1)(3), LP -
Section 32-86 Table 32-86-1, Minimum parking Bav dimensions
This waiver is being requested to reduce the paved area of parking space from 18.5’ to 16.5
with an overhang including the curb and two feet of landscape. Section 78-344(1)(1)a -
states that a standard parking space is a minimum of 10’ by 18.5’. Section 78-344(1)(3) -
states: ‘Wot less than the minimum dimensionsof all parking spaces, travel aisles, and other
vehicular circulation areas shall be paved ..... unless approved by the city engineer ...”
Approval of this waiver will not adversely affect the functionality of the parking spaces but
does improve the functionality of the stormwater system and the design of the property. It
allows for a greener development. The additional open space is not needed to meet the open
space requirements.
5. Lake Maintenance Easements (Section 78-563) reduction in easement
The applicant is requesting a waiver from Section 78-563(d) minimum dimensions of lake
maintenance tract shall be at least 20 feet wide. We are proposing a minimum of a 13 foot
wide lake maintenance easement. The reduction in width will allow for greater flexibility
in designing this constrained site including enhancing landscaping opportunities while still
providing adequate access to the lakes. The applicant will work with the city engineer to
ensure acceptable accessibility to the lakes.
6. Number of reauired Darkine maces (LP - Section 32-86, Schedule Section 32-86-11
The applicant is requesting a variance fiom Section 32-86-1 required parking spaces. The
Town of Lake Park code requires 5 parking spaces per 1,000 square feet based on the gross
floor area. The proposed Target Store is 13 1,839 square feet, based on this requirement 660
parking spaces would be needed. We are proposing on the site plan 542 parking spaces. The
!
O:Wobs\Target PBG-Lake ParkL4pplicationInfomation\waiverj~tO22404.~~d
LCC35
Waiver List
February 24,2004
Page 5
enhances the landscaping and pedes,,ian amenities beyond code requirements to create a sense of
place. The granting of these requests have no adverse impact to adjacent uses. These requests are
not based on economic reasons. These requests do not create any incompatibility with existing or
potential land uses adjacent to the site. These requests are consistent with previous action taken by
the city and are not detrimental to the public health safety and welfare.
G:Wobs\Target PBG-Lake Park\ApplicationInfonnation\waivequst022404.~pd
Lcc3 5
Waiver List
February 24,2004
Page 6
Waiver List
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
Minimum Parking Dimensions (PBG Section 78-344 (1)(1) a. and LP Section 32-86)
Ten Parking Spaces in a Row (PBG Section 78-315 (b.))
Elimination of wheel stops (PBG Section 78-344(e), NBOZ Article IV E. 4 and LP
Section 32-86 f. 5.
Parking Space Length (PBG Section 78-344(1)(1)a. and Section 78-344(1)(3), LP -
Section 32-86 Table 32-86-1, Minimum parking Bay dimensions
Lake Maintenance Easements (Section 78-563) reduction in easement.
Number of required parking spaces (LP - Section 32-86, Schedule Section 32-86-1)
Additional Wall Sign (PBG Section 78-285- Table 24 and NBOZ Section 78-229 Table
Maximum Size Signage (Square footage) (PBG Section 78-285- Table 24 and NBOZ
Section 78-229 Table 5-6) '
Maximum Sign Size (letters) (PBG Section 78-285- Table 24).
Lake Maintenance Easement Encroachment (Section 78-563(e))
Increase in tree spacing (LP Section 32-146 (h) (2))
Increase in percentage of sod allowed (LP Section 32-146 a (1)
5-6)
G:Vobs\Target PBG-Lake Park\Applicationlnfo1mation\waiverjust022404,~d
Lcc35
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Date Prepared: January 22,2004
RESOLUTION 170,2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN INTERLOCAL
AGREEMENT BETWEEN THE TOWN OF LAKE PARK AND THE
CITY OF PALM BEACH GARDENS FOR THE JOINT
DEVELOPMENT REVIEW OF A PARCEL OF LAND LOCATED AT
THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD AND
CONGRESS AVENUE, AS MORE PARTICULARLY DESCRIBED
HEREIN; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Palm Beach Gardens and the Town of Lake Park wish to
enter into a contract for joint development review of a parcel of land located at the
southeast corner of Northlake Boulevard and Congress Avenue; and
WHEREAS, the Interlocal Agreement establishes a process for review,
permitting, code enforcement, and the provision of public services for the subject parcel,
as more particularly described herein; and
WHEREAS, the objective of the Interlocal Agreement is consistent with the intent
and regulations of the Northlake Boulevard Overlay Zoning District; and
WHEREAS, the Growth Management Department has recommended approval of
the Interlocal Agreement; and
WHEREAS, such agreement has been prepared and is attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION I. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council hereby accepts and approves the Interlocal
Agreement between the City of Palm Beach Gardens and the Town of Lake Park for the
joint development review of a parcel of land located at the southeast corner of Northlake
Boulevard and Congress Avenue, as more particularly described below, and hereby
authorizes the Mayor and City Clerk to execute the Agreement:
LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 19,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: 5
Date Prepared: January 22,2004
Resolution 170, 2003
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COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE
SOUTH 01'19'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 19 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 19 IS ASSUMED TO BEAR SOUTH 01'19'36" WEST AND ALL OTHER
BEARINGS STATED HEREIN ARE RELATIVE THERETO) A DISTANCE OF 62.00
BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE
SOUTH 01'19'36 WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 19 A DISTANCE OF 1670.94 FEET TO A POINT OF
INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF
A DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 10644, PAGE
987, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
DEPARTING SAID SECTION LINE AND ALONG SAID EASTERLY PROLONGATION
NORTH 80'09'39" WEST A DISTANCE OF 572.48 FEET TO A POINT ON THE EAST
RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; SAID POINT BEING ON A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS 8,764.37 FEET, A CENTRAL ANGLE OF 05'05'48'' AND A RADIAL BEARING
OF NORTH 81'31'35'' WEST; THENCE NORTHERLY ALONG THE ARC OF SAID
FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE
RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS DESCRIBED IN OFFICIAL
CURVE AND SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 771.63 FFET TO A
POINT ON A NON-TANGENT LINE; THENCE NORTH 03'53'23" EAST ALONG SAID
EAST RIGHT-OF-WAY LINE A DISTANCE OF 227.02 FEET TO A POINT OF
CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 8,679.37 FEET, A CENTRAL ANGLE OF 00'50'05" AND A RADIAL
BEARING OF NORTH 88'07'17" WEST; THENCE NORTHERLY ALONG THE ARC OF
POINT OF TANGENCY; THENCE NORTH 01'02'37" EAST ALONG SAID EAST
SAID CURVE AND EAST RIGHT-OF-WAY LINE A DISTANCE OF 126.45 FEET TO A
RIGHT-OF-WAY LINE A DISTANCE OF 94.63 FEET; THENCE NORTH 12'21'13"
EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 50.99 FEET;
THENCE NORTH 01'02'37" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A
56.61 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE
DISTANCE OF 281.03 FEET; THENCE NORTH 46'05'27" EAST A DISTANCE OF
BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH
FEET TO THE POINT OF BEGINNlNG.
88'26'21" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 446.12
SECTION 3. This Resolution shall take effect immediately upon adoption.
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Date Prepared: January 22,2004
Resolution 170,2003
1 PASSED AND ADOPTED this day of ,2004.
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR JABLIN J ---
VICE MAYOR SABATELLO J--
COUNCILMEMBER CLARK ---
COUNCILMEMBER RUSSO ---
c/ COUNCILMEMBER DELGADO ---
J
/
\
\\pbgsflleWttorneylatrney_share\RESOLUTlONS\Reso 170 2003 - interlocal with lake park - northlake.doc ,
3
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF PALM BEACH GARDENS AND TOWN OF LAKE PARK
FOR JOINT DEVELOPMENT REVIEW
FOR PROPERTY AT THE SOUTHEAST CORNER OF NORTHLAKE BOULEVARD
HIS INTERLOCAL AGREEMENT (“Agreement”) is made this /8 day of
, 2004, by and between CITY OF PALM BEACH GARDENS, a
municipal corporation, and TOWN OF LAKE PARK, a municipal corporation.
WHEREAS, the owners of portions of a 19.12-acre (“owners”), more or less,
parcel of land generally located on the southeast corner of Congress Avenue and
Northlake Boulevard seek to develop the Site (”Site”) as a unified project; and
WHEREAS, approximately 8.29 acres or 43% of the site is within the City of
Palm Beach Gardens (“City”) and 10.83 acres or 57% of the “Site” is within the Town of
Lake Park (“Town”), the legal description of which is more particularly described on
Exhibit “A,” which is attached hereto and incorporated herein; and
WHEREAS, because the Site is planned to be developed by making use of the
property located in both the Town and the City, an Interlocal Agreement is in the best
interest of all parties; and
WHEREAS, the Site is significant because of its location as a gateway to both
the Town and the City; and
WHEREAS, it is the intent of the City and Town to establish consistent land
development regulations for the Site; and
WHEREAS, the City and Town propose to provide a process for centralized
development review, permitting, and code enforcement so as to enable the owner@) of
the Site to develop and utilize the property in accordance with the comprehensive plans
and land development regulations of both municipalities; and
WHEREAS, the City and Town are authorized pursuant to Section 163.01,
Florida Statutes, to enter into this Agreement; and
WHEREAS, in the spirit of intergovernmental coordination and a mutual desire to
promote good community planning within and beyond the boundaries of both
municipalities, the City and the Town recognize that it is in their mutual best interests to
enter into this Agreement.
1
. .
NOW, THEREFORE, in consideration of the obligations and undertakings
described below, the City and Town do hereby enter into this Interlocal Agreement and
represent,-covenant, and agree as follows:
1. RECITALS.
The foregoing recitals are true and correct and express the City’s and Town’s
mutual interest in development of the Site.
2. IMPLEMENTATION OF AGREEMENT.
(a) City and Town shall each appoint an “Administrator” for the purposes of this
Interlocal Agreement to coordinate the administration of the review of
applications for applications for development of the Site between the
municipalities.
(b) It is contemplated that the proposed development of the Site will require a
rezoning by both the Town and City. Each municipality shall be responsible
for reviewing all applications for consistency with their respective land
development regulations, comprehensive plans, but each jurisdiction shall
take separate action at jointly held meetings for the approval of such
applications.
(c) In order to maintain an orderly development review process, the Town shall
be responsible for leading the processing of all development applications with
regard to the Site. The Town and City shall review all applications jointly, and
the scheduling of all applications shall be mutually agreed upon. The Planning
and Zoning staff of each municipality shall each issue a staff report and
recommendation. The recommendations of each staff shall be considered,
and acted upon, by both municipalities’ Planning and Zoning bodies and the
City Council and Town Commission at joint public meetings to be noticed and
scheduled jointly through the Administrators.
(d) This Agreement shall apply to any expansion or contraction area of the Site
for this specific project, which is contiguous to the original site and thereby
changing the percentage of land area in the respective jurisdictions and
corresponding pro-rata calculations as defined herein.
(e) Prior to the Planning and Zoning Commission public hearing, the parcel
owner shall submit an agreement acceptable to the City to provide for
payment of fees to the City in lieu of road, police and fire impact fees.
(f) Property taxes for the buildings and other improvements on the Site shall be
prorated to each municipality based on percentage of the Site located within
the municipality. Property taxes for land shall be paid in accordance with the
normal procedure of the Palm Beach County Tax Collector.
2
(9) Service provision shall be as described below:
(1)The Town and City shall both collect the required application fees and
related costs for planning, legal, engineering, and other professional
services. The municipality in which the structure is located shall collect
the required building permit fees and occupational license fees, and that
municipality shall perform all necessary building inspections. If a structure
is located within both municipalities, the Town shall collect the required
building permit fees and perform all necessary building inspections. Site
development permits for the entire site shall be reviewed and approved by
both municipalities and issued by the Town. All applications for building
and landscaping permits and Certificates of occupancy shall be submitted
simultaneously to the City and Town for review. Neither the Town nor the
City shall issue any permits or certificates of occupancy until the other
municipality has approved the applications and notified the issuing
municipality of its approval in writing.
(h) A single plat for the Site shall be approved by both municipalities. The owner
shall be required to provide a Unity of Control acceptable to the City and
Town for the affected property should it ever be subdivided into separate
tracts under different ownership.
(i) All future development applications, including amendments to the
development order for the Site, shall require joint review and approval by the
municipalities, consistent with the above-described process.
3. FIRE PROTECTION.
Fire protection for the entire site will be provided on a first response basis.
4. POLICE PROTECTION AND CODE ENFORCEMENT.
The municipal boundaries for each municipality shall be designated on the
approved Site Plan. Jurisdiction for the enforcement of police protection and
applicable code requirements shall be based upon the physicaVgeographica1
location of any alleged violation and the municipality in which the alleged
violation is located shall have police protection and code enforcement
responsibility. In the event that an alleged violation exists in both municipalities
and/or a violation of one or more conditions of approval of the approved Site Plan
or plat exists, both municipalities shall have concurrent jurisdiction for purposes
of police protection and code enforcement.
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NORTHLAKE BOULEVARD OVERLAY DISTRICT.
The Town acknowledges that the City has adopted the procedures and
requirements of the NBOZ.
MODIFICATION OR TERMINATION OF AGREEMENT.
This Agreement may be modified or terminated only upon majority vote of the
governing body in each municipality.
DURATION.
This Agreement shall be terminated if the site is not developed as a unified
parcel requiring joint approvals by both the Town and City.
RECORDATION IN PUBLIC RECORDS.
This Agreement shall be recorded in the Public Records of Palm Beach County.
LEGISLATIVE POWER.
This Agreement is not intended nor shall it be constructed as a delegation of
legislative power to the other municipality or the Administrator.
GOVERNING LAW.
This Agreement shall be governed by, and constructed and enforced in
accordance with the laws of the State of Florida.
COUNTERPARTS.
This Interlocal Agreement may be executed in one or more counterparts, each of
which together shall constitute one and the same instrument.
EFFECTIVE DATE.
This Agreement shall be effective upon full execution by the City and Town.
(The remainder of this page left intentionally blank)
4
IN WITNESS WHEREOF, the parties hereto have set their respective hands and
seals on the day and year first above written.
EXECUTED BY THE CITY this 57” day of cW&m$t ,2004.
<- 5
/ , ,
/
CITY OF PALM BEACH GARDENS, FLORIDA
c
h BY: L
G
i
/-
c. ATTEST: <- 5
BY: -
-Patricia-Snider, ~~ \ \-’ City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
Christine P. Tatum, City Attorney
EXECUTED BY THE TOWN this 9 day of Fd ,2004.
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
\\pbgsfile\AttomeyZattomey_share\AGREEMENTS\TargetlnterlocalAgrOl.Z
E:\TJBVP.GeneraRAgreements\TargetlnterlocalAgr01.21.04.doc
04-clean - 1-23-0
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RESOLUTION NO1 3-02-04
A RESOLUTION OF THE TOWN COMMISSION OF THE
TOWN OF LAKE PARK, FLORIDA APPROVING AN
INTERLOCAL AGREEMENT WITH THE CITY OF PALM
BEACH GARDENS; AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the Town of Lake Park (Town) and the City of Palm Beach Gardens
(City) both exercise zoning authority over properties within their respective jurisdictions;
and
WHEREAS, the developer of a proposed Target store (Developer) proposes to
develop a 19.12 acre parcel of property (the subject property), 57% of which is within the
Town and 43% of which is within the City; and
WHEREAS, because the subject property is planned to be developed in both the
Town and the City, the Town and the City have agreed to jointly review the proposed
development; and
WHEREAS, the Town and the City have agreed that it is in the best interests of the
Developer as well as the residents and visitors of the Town and the City to provide a
process for centralized development, permitting and code enforcement; and
WHEREAS, Section 163.01, F.S., authorizes and encourages local governments to
make the most efficient use of their powers by enabling them to cooperatein the provision
of services and facilities; and
WHEREAS, the Interlocal Agreement attached hereto and incorporated herein as
Exhibit “A would allow the Town and the City to make the most efficient use of their police
powers and would therefore further the health, safety and welfare of residents and visitors
to the Town.
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NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE
TOWN OF LAKE PARK:
Section 1. The whereas clauses are hereby incorporated as true and correct as
the findings of fact,and conclusions of law of the Town Commission.
Section 2. The Town Commission hereby approves the Interlocal Agreement for
a proposed development of a 19.12 acre parcel of property, 57% of which is within the
Town and 43% of which is within the City. The Mayor is authorized to execute the
Interlocal Agreement on behalf of the Town.
Section 3. This Resolution shall take effect upon adoption.
2
The foregoing Resolution was offered by Commissioner Garret son
moved its adoption. The motion was seconded by Commissioner Otterson
follows:
I who
and upon being put to a roll call vote, the vote was as
AYE NAY
MAYOR PAUL W. CASTRO X
VICE-MAYOR G. CHUCK BALIUS X
COMMISSIONER PAUL GARRETSON X -
COMMISSIONER BILL OTTERSON X
COMMISSIONER JEANINE LONGTIN X
The Mayor thereupon declared the foregoing Resolution No. 13-02-04 duly
passed and adopted this 18'h day of February, 2004.
TOWN OF LAKE PARK. FLORIDA
ATTEST:
TOWN
Approved as to form and legal
sufficiency:
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x Prooosed Lake
Date Prepared: June 15,2004
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RESOLUTION 135,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING THE MASTER
DEVELOPMENT PLAN FOR CONGRESS PLAZA EAST AT THE
CORNER OF NORTHLAKE BOULEVARD AND CONGRESS
AVENUE WHICH LIES WITHIN THE MUNICIPAL BOUNDARIES OF
THE CITY OF PALM BEACH GARDENS AND THE TOWN OF LAKE
PARK, AS DESCRIBED MORE PARTICULARLY HEREIN, TO
PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
19.12-ACRE PARCEL OF LAND LOCATED ON THE SOUTHEAST
ALLOW FOR A 131,839 SQUARE-FOOT RETAIL BUILDING;
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 of Palm Beach Gardens received an application (PUD-03-
09) for master development approval for a 131,839 square-foot retail building on a
19.12-acre site, generally located at the southeast corner of the intersection of
Northlake Boulevard and Congress Avenue within the municipal boundaries of the City
of Palm Beach Gardens and the Town of Lake Park, as more particularly described
herein, to allow for approval of the PUD Master Plan; and
WHEREAS, an 8.29-acre portion of the 19.12-acre subject site has been zoned
to Planned Unit Development (PUD) Overlay with an underlying zoning of General
Commercial (CG-I) within the City of Palm Beach Gardens; and
WHEREAS, the subject site is within the Northlake Boulevard Overlay Zoning
District and has been determined to be consistent with its requirements; and
WHEREAS, an Interlocal Agreement was executed between the City of Palm
Beach Gardens and the Town of Lake Park on February 5, 2004, for a joint
development review of the subject site; and
WHEREAS, the Planning, Zoning & Appeals Board reviewed the Master
Development Plan at a public hearing conducted on June 8, 2004, and has
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: June 15,2004
Resolution 135, 2004
WHEREAS, the City Council has determined the adoption of this Resolution to
be in the best interest of the citizens and residents of the City of Palm Beach Gardens,
Florida; and
WHEREAS, the City Council has determined that this Resolution is consistent
with the City’s Comprehensive Plan based on the following findings of fact:
I.
2.
3.
4.
The proposed Master Development Plan is consistent with Objective 1 .I .9 of the
Comprehensive Plan, which requires the City, in coordination with the Northlake
Boulevard Corridor Task Force, to pursue various means to encourage
improvement, enhancement, renovation, or redevelopment of the older properties
along Northlake Boulevard, east of Military Trail.
The City Council of the City of Palm Beach Gardens and the Town Commission of
the Town of Lake Park have reviewed the subject parcel through a joint
development review process, which is consistent with Objective 1.1.8 of the
Comprehensive Plan, which requires the City to improve coordination with affected
and appropriate governments and agencies to maximize their input into the
planning and development process and mitigate potential adverse impacts of
future development and redevelopment activities. (Planning & Zoning)
The proposed development is consistent with the City’s Comprehensive Plan.
The proposed uses are not a detriment to the public safety and welfare within 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 for Target Planned Unit
Development (a.k.a. Northlake Square East), is hereby APPROVED on the following
described real property to permit the development of a 131,839 square-foot retail
building on a 19.12-acre site located at the southeast corner of the intersection of
Northlake Boulevard and Congress Avenue within the municipal boundaries of the City
of Palm Beach Gardens and the Town of Lake Park, subject to the conditions of
approval contained herein, which are in addition to the general requirements otherwise
provided by ordinance:
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN THE NORTHEAST QUARTER OF SECTION 19,
TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
2
Date Prepared: June 15,2004
Resolution 135, 2004
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COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 19; THENCE
SOUTH 01°19'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 19 (THE EAST LINE OF THE NORTHEAST QUARTER OF SAID
SECTION 19 IS ASSUMED TO BEAR SOUTH 01O19'36" WEST AND ALL OTHER
BEARINGS STATED HEREIN ARE RELATIVE THERETO) A DISTANCE OF 62.00
BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, AND THE POINT OF
BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL; THENCE CONTINUE
SOUTH 01°19'36" WEST ALONG THE EAST LINE OF THE NORTHEAST QUARTER
OF SAID SECTION 19 A DISTANCE OF 1,670.94 FEET TO A POINT OF
INTERSECTION WITH THE EASTERLY PROLONGATION OF THE SOUTH LINE OF
DRAINAGE EASEMENT DESCRIBED IN OFFICIAL RECORDS BOOK 10644, PAGE
987, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE
DEPARTING SAID SECTION LINE AND ALONG SAID EASTERLY PROLONGATION
NORTH 80O09'39" WEST A DISTANCE OF 572.48 FEET TO A POINT ON THE EAST
RECORDS BOOK 10739, PAGE 6, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA; SAID POINT BEING ON A CURVE CONCAVE TO THE WEST. HAVING A
RADIUS OF 8,764.37 FEET, A CENTRAL ANGLE OF 05O05'48" AND A RADIAL
BEARING OF NORTH 81O31'35" WEST; THENCE NORTHERLY ALONG THE ARC
FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE
RIGHT-OF-WAY LINE OF CONGRESS AVENUE AS DESCRIBED IN OFFICIAL
OF SAID CURVE AND SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 771.63
FEET TO A POINT ON A NON-TANGENT LINE; THENCE NORTH 03°53'23" EAST
ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 227.02 FEET TO A
POINT OF CURVATURE OF A NON-TANGENT CURVE CONCAVE TO THE WEST,
HAVING A RADIUS OF 8679.37 FEET, A CENTRAL ANGLE OF 00°50'05" AND A
RADIAL BEARING OF NORTH 88O07'17" WEST; THENCE NORTHERLY ALONG THE
FEET TO A POINT OF TANGENCY; THENCE NORTH 01°02'37" EAST ALONG SAID
ARC OF SAID CURVE AND EAST RIGHT-OF-WAY LINE A DISTANCE OF 126.45
EAST RIGHT-OF-WAY LINE A DISTANCE OF 94.63 FEET; THENCE NORTH
12°21'13" EAST ALONG SAID EAST RIGHT-OF-WAY LINE A DISTANCE OF 50.99
FEET; THENCE NORTH 01°02'37" EAST ALONG SAID EAST RIGHT-OF-WAY LINE
56.61 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF NORTHLAKE
A DISTANCE OF 281.3 FEET; THENCE NORTH 46O05'27" EAST A DISTANCE OF
BOULEVARD AS DESCRIBED IN OFFICIAL RECORDS BOOK 10739, PAGE 6,
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE SOUTH
FEET TO THE POINT OF BEGINNING.
88O26'21" EAST ALONG SAID SOUTH RIGHT-OF-WAY LINE A DISTANCE OF 446.12
CONTAINING IN ALL 19.12 ACRES, MORE OR LESS.
Miscellaneous
1. Prior to the City's approval of and the Town of Lake Park's issuance of the first
building permit, the applicant shall comply with the Art in Public Places requirement
by providing art on site or make a payment in lieu of art, in accordance with Section
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Date Prepared: June 15,2004
Resolution 135, 2004
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78-262 of the LDRs (1% value of the vertical construction) based upon the vertical
construction within the entire Planned Unit Development (PUD). If the applicant is
providing public art on site, the art shall be approved by the City Council after review
by the Art in Public Places Advisory Board and installed prior to the issuance of the
first Certificate of Occupancy. (Planning & Zoning)
Prior to the City’s approval of and the Town of Lake Parks issuance of the first
building permit for vertical construction, the applicant shall provide construction
plans sufficient to construct the project and meet all applicable ADA and FDOT
requirements for handicapped access. (Planning & Zoning)
Required digital files of the approved plat shall be submitted to the Planning and
Zoning Division prior to the City’s approval of and the Town of Lake Park’s
issuance of the first building permit, and approved civil design and architectural
drawings shall be submitted prior to the City’s approval of and the Town of Lake
Park’s issuance of the first Certificate of Occupancy. (GIs Manager, Development
Compliance Officer)
Shopping cart corrals shall be provided by the applicant and shall be screened
from view by means of a wall and landscaping as acceptable to the City Forester.
The corrals shall be constructed of solid walls and of materials compatible with the
primary structure approved on site. (Planning & Zoning)
Prior to the City’s approval of and the Town of Lake Park’s issuance of the first
Certificate of Occupancy, the applicant shall provide pedestrian-scale lighting on
the sidewalks adjacent to the property within the adjacent rights-of-way, unless
said lighting is already being provided as part of another roadway construction
project. (Planning & Zoning)
Within thirty (30) days of the project approval and prior to the City’s approval of
and the Town of Lake Park’s issuance of any permits, the applicant shall submit
an administrative application for the following changes to the approved plans
required by the Town of Lake Park Commission and the City of Palm Beach
Gardens City Council:
a. The applicant shall revise the landscape plan to include more palmshrees
around the perimeter of the building to the satisfaction of the Town of Lake
Park Community Development Director and the City of Palm Beach Gardens
City Forester. In addition, the applicant shall increase the heighvmaturity of the
existing tress/palms to the satisfaction of the Town of Lake Park Community
Development Director and the City of Palm Beach Gardens City Forester.
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7.
Date Prepared: June 15, 2004
Resolution 135,2004
b. The applicant shall revise the plan to revise the color of the proposed bollards
within the Planned Unit Development. The bollards shall be consistent with
one of the colors of the building and shall be approved by the Town of Lake
Park Community Development Director and the City of Palm Beach Gardens
. Development Compliance Officer. The bollards shall not be painted red as
currently depicted on the proposed plan.
c. The applicant shall revise the plan to provide aeration within all lakes provided
on the site, including the southern lake which provides drainage capacity for
the Congress Avenue right-of-way, providing the applicant receives approval
from Palm Beach County, if required.
Within six (6) months of the effective date of this Resolution, the applicant shall
construct and maintain the approved City Entryway monument sign, in a location
generally consistent with the boundary between the City of Palm Beach Gardens
and the Town of Lake Park and in accordance with th
Planning & Zoning)
CPTED
8.
9.
IO.
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Metal halide lighting shall be used within the vehicular parking area, along streets
and pedestrian walkways. (Police)
Non-glare building lighting shall be installed around the entire building perimeter
and on pedestrian walkways. (Police)
Timer clock or photocell lighting shall be provided for nighttime use above or near
entryways and all exits including emergency exits. (Police)
Prior to the City’s approval of and the Town of Lake Park’s 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 location
within the subject Planned Unit Development (PUD). (Police)
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Date Prepared: June 15, 2004
Resolution 135, 2004
12. Landscaping, including long-term canopy tree growth, shall not conflict with
lighting. (City Forester, Police)
13. 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. Exterior roll-up doors shall be target hardened.
f. All perimeter doors shall be equipped with hinges that utilize non-removable
hinge pins. (Police)
14. Numerical addresses for the buildings shall:
a. Be illuminated for nighttime visibility and be unobstructed.
b. Have bi-directional visibility from the roadway.
c. Be placed at the front and rear of each business. (Police)
Landscapinq
15.
16.
Within four (4) months of the issuance of any land alteration permit, the applicant
shall submit to the City an on-site and off-site irrigation plan based on the Michael
Redd and Associates landscape plans to be reviewed and approved by the City
Forester. (City Forester)
Within six (6) months of the City’s approval of and the Town of Lake Parks issuance
of any land alteration permit, the applicant shall install the landscaping, irrigation,
hardscape, and lighting in the median of Northlake Boulevard from Congress
Avenue to the eastern terminus of the property and in the southern roadway
shoulder of Northlake Boulevard between the eastern and western terminus of the
property. These improvements shall be consistent with the Michael Redd and
Associates Northlake Boulevard Streetscape Plans dated November 22, 2002, and
landscape plans for the subject project by Kimley-Horn dated May 4, 2004, which
include the meandering sidewalk. A one-time six (6) month extension to complete
buffer and right-of-way improvements may be granted by the Growth Management
Director upon review of sufficient justification. In the event that the City of Palm
Beach Gardens, or another entity, forms a Special District pertaining to the
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Resolution 135, 2004
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landscape and maintenance of Northlake Boulevard, then the applicant, 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. In the event a Special District is not
created, the City of Palm Beach Gardens reserves the right to bill the applicant,
successors, or assigns for their fair share of the maintenance of the aforementioned
Northlake Boulevard right-of-way irrigation and landscaping. (City Forester)
Prior to the City's approval of and the Town of Lake Park's issuance of a permit for
any land alteration (clearing), the applicant shall submit, for City approval, a
landscape plan for the Congress Avenue medians and roadway shoulders for the
areas adjacent to the subject site, excluding the area previously accounted for within
the Northlake Square West Planned Unit Development (PUD). The proposed
landscape plan shall be consistent with the approved plan for the medians adjacent
to Northlake Square West Planned Unit Development (PUD). (City Forester)
Within six (6) months of the issuance of the clearing/land alteration permit, the
applicant shall install the landscaping and irrigation, as permitted by Palm Beach
County, within the Congress Avenue right-of-way median and easterly road shoulder
from Northlake Boulevard to the southern terminus of its property. A one-time six (6)
month extension to complete landscapina and imaation may be aranted bv the
Growth Manaaement Director uwn review of sufficient iustification. (City Forester)
The applicant, successors, or assigns shall be responsible for the landscape
maintenance of the medians (including irrigation) and road shoulders of those
sections of public rights-of-way adjacent andlor contiguous, as described in
Conditions through , inclusive. (City Forester)
If modified development orders are issued by the City Council for the properties to
the north of the subject site, the City shall include conditions of approval that require
the pro-rata payment of costs to maintain the common median on Northlake
Boulevard. The City shall disclose to all parties any maintenance agreements
between developments, but it shall be the property owner's responsibility to
coordinate the maintenance and the shared cost thereof. (Planning & Zoning)
The applicant, successors, or assigns shall be responsible for its fair share of
landscaping and irrigation maintenance with the Congress Avenue right-of-way
median and road shoulder from Northlake Boulevard to the southern terminus of
the subject site. (City Forester)
The approved landscaping, and the required maintenance thereof, for the entire
PUD shall be considered a condition of approval of the City's development order,
and shall be enforceable by the City in the same manner and to the same extent
as any other condition of approval . (Planning & Zoning, City Forester)
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Date Prepared: June 15, 2004
Resolution 135,2004
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23. The applicant, successors, or assigns shall provide their best efforts to maintain
the transplanted and relocated banyan trees depicted on the landscape plan. If a
tree does not survive the transplant, despite the applicant’s best efforts, it shall be
replaced with an equal or better specimen of shade tree, as approved by the City
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The build-out date for the project is December 31, 2006, unless expressly
extended by the City in accordance with Ordinance IO, 2003. (Engineering)
Prior to the City’s approval of and the Town of Lake Park’s issuance of the first
Certificate of Occupancy, the applicant shall construct an exclusive right-turn
ingress lane at the Northlake Boulevard driveway. (Traffic Engineer)
Prior to issuance of the first Certificate of Occupancy, the applicant shall construct
an exclusive left-turn ingress lane at the Congress Avenue driveway. (Traffic
Engineer)
The applicant shall comply with all conditions as outlined in the traffic performance
standards review (concurrency approval) letter completed by Masoud Atefi of the
Palm Beach County Traffic Division dated August 31, 2004. (Traffic Engineer)
Prior to the City’s approval of and the Town of Lake Park’s issuance of the first
building permit, the applicant shall plat the entire 19.1 2-acre parcel in accordance
with LDR Section 78-446, “Plat review and approval process.” (City Engineer)
Within thirty (30) days of the effective date of this Resolution, the applicant
shall revise all inconsistencies between the site plans and conceptual engineering
plans to the satisfaction of the City Engineer, and resubmit a revised photometric
plan conforming to LDR Section 78-1 82(f)(3). (City Engineer)
SECTION 3. The City Council of the City of Palm Beach Gardens, Florida
34 hereby approves the following six (6) waivers:
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Waiver from City Code Section 78-344(1)(1) to allow for nine and one-half (9.5)
foot wide parking stalls.
Waiver from City Code Section 78-344(1)(1)(a) to allow sixteen and one-half (16.5)
foot long parking stalls for parking spaces adjacent to curbing.
Waiver from City Code Section 78-285, Signage, to allow for an additional sign on
the west and south elevations.
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Date Prepared: June 15,2004
Resolution 135, 2004
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5. Waiver from City Code Section 78-563, Lake Maintenance Easements, to allow
landscaping within the lake maintenance easements for aesthetics purposes.
Waiver from City Code Section 78-563, Lake Maintenance Easements, to allow a 6.
SECTION 4. This PUD approval shall be in compliance with the following plans
on file with the City’s Growth Management Department:
Northlake Square West Site Plan, 06.1 7.04, Kimley-Horn, Sheets C1 -C2-C2A.
Boundary Survey, September 14, 2000, Lidberg Land Surveying, Inc., Sheet C2.
Horizontal Control Plans, 06.1 7.04, Kimley-Horn and Associates, Sheets C3 - C4.
Paving, Drainage and Grading Plans, 06.17.04, Kimley-Horn and Associates,
Sheets C5 through C6 & C11.
Signage and Marking Plan, 06.1 7.04, Kimley-Horn and Associates, Sheets C9-
c10
Northlake & Congress Driving Plans, May, 5, 2004, Kimley-Horn and Associates,
Sheets C9 & C9A.
Paving, Grading, and Drainage Details & Seacoast Utility Details, May, 5, 2004,
Kimley-Horn and Associates, Sheets C10 through C14.
Landscape Plan and Pedestrian Amenities, 06.30.04, Kimley-Horn and
Associates, Sheet LA 1 - LA 7.
Irrigation Plans, 05.05.04, Kimley-Horn and Associates, Sheets IR-I - IR-2.
Photometric, 06.30.04, Cooper, Sheet SASANRT.
Target, Floor Plans, May 17,2004, KKE Architects, Sheets AI through AI D.
Target Roof Plans, May 17, 2004, KKE Architects, Sheet A4.
Target, Elevations, May 17,2004, KKE Architects, Sheets A8 through A8b.
SECTION 5. This Resolution shall become effective immediately upon adoption of
46 Ordinance 16 by the Town of Lake Park.
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CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
PV-
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL S U FFlC I EN CY
m--" ~-
Date Prepared: June 15,2004
Resolution 135, 2004
PASSED AND ADOPTED this day of ,2004.
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLl N
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
-- AYE NAY ABSENT
\\pbgsfile\Attorney\attorney-share\RESOLUTlONS\TARGET - final reso 135 2004-revised 10-1 1 -04.doc
10
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 13,2004
Meeting Date: October 7,2004
Ordinance 35,2004
Resolution 176,2004
Subiect/Agenda Item
Ordinance 35,2004 and Resolution 176,2004: The Sanctuary PBG HOA, Inc. Lake Access
Tract
First Reading: A request by Sherry Hyman, Agent, on behalf of The Sanctuary PBG
Homeowners Association (HOA), to allow for an amendment to the Sanctuary Planned Unit
Development (PUD). The proposed plan would allow for lake access though an upland preserve
by creating an open space tract. The PUD is 81.9 acres in size and located on the north side of
Hood Road approximately 1,500 feet west of Prosperity Farms Road.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Planning & Zoning Director:
City Attorney:
Chnstine ---L&k-
Development Compliance:
gRwth Management
Charles K. Wu, AICP
Originating Dept.:
Growth Management:
Mark Hendnckson
City Forester
[XI Quasi-Judicial
[ ] Legislative
[ ] Public Hearing
Advertised:
Date: Sept. 11, 2004
Paper: PB Post
[ 3 Not Required
Affected parties:
[ ]Notified
[ XI Not Required
FINANCE:
costs:
!$ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other NIA
Budget Acct.#:
NA
City Council Action:
Approved
App. wl conditions
Denied
Continued to:
~ Attachments:
Table 1
Approved Site Plan
0 Proposed Site Plan
(enlarged)
Proposed Replat of
Tract U-3
0 LBF&HMemo
0 Complaint letters (1 1)
0 Ordinance 35,2004
Resolution 176,2004
Date Prepared: September 30,2004
Meeting Date: October 7,2004
Ordinance 35,2004
Resolution 176,2004
EXECUTIVE SUMMARY
The Sanctuary Homeowners Association desires a lake access through common property for
maintenance purposes. The only common property available adjacent to the lake is a preserve
with restrictive language. The petitioner request is to amend the PUD by converting a portion of
the preserve into a less restrictive open space tract for a mulched pathway. City staff
recommends approval because the lake maintenance is of high importance and no protected
listed species are in harms way.
BACKGROUND
The subject site is within “The Sanctuary” Planned Unit Development (PUD). On November 4,
1993, the City Council approved “The Sanctuary” at Palm Beach Gardens through Ordinance 22,
1993, for 184 single-family detached and zero lot-line residential units on 82 acres. City Council
approved the “The Sanctuary” PUD Plat No. 1 through Resolution 1 11 1994, and “The
Sanctuary” PUD Plat No. 2 through Resolution 112, 1994. Subsequently, the project was
amended through Resolution 89, 1994, that allowed for a minor modification to the model home
elevations and floor plans. The project was again amended through Resolution 66, 1996, which
converted the upland preserve to a landscape tract and added a utility easement to the northwest
comer, added an access easement to the wetland drainage structure in the northern wetland, and
approved the mitigationhestoration plan for the preserves along the western and northern
sections of the project that was subject to a code enforcement ruling.
It was during the 1996 PUD amendment that City staff required some compensation for the loss
of preserve acreage. Through the approval of Resolution 66, 1996, the replat of “The Sanctuary”
PUD Plat No. 2 was required, which converted open space Tract “0-6” to the upland preserve
Tract “U-3” that exists today. The replat was approved by Resolution 106, 1996. The amended
site plan corrected some problems encountered by the developer during the construction of the
Sanctuary, but it also created a new problem with lake access. The approved Sanctuary Site Plan
indicates four 15-foot wide “Drainage Tracts.” Two “drainage tracts are for wetland preserve
access and two “drainage tracts’ are for lake access. None of the four “drainage tracts” ever
appeared on the approved plats for the Sanctuary. When the City required the replat of “0-6”, the
City unintentionally restricted the use of the only common property owned by the Sanctuary
HOA adjacent to the lake. As an upland preserve, Tract U-3 does not allow vehicle access to the
lake, because the platted language prohibits the removal of native vegetation.
The existing lake (Tract “L”) is surrounded by private residential lots and the HOA-owned 0.81
acre upland preserve Tract “U-3 .” Tract “U-3” is accessed off of Princewood Lane (previously
Page 2
Date Prepared: September 30,2004
Meeting Date: October 7,2004
Ordinance 35,2004
Resolution 176,2004
known as Heathenvood Lane), and lies between lots #65 and #66. The proposed lake access
tract through Tract “U-3” would allow the HOA to construct a pathway through the native
vegetation fifteen (15) feet wide and two hundred (200) feet long in order to provide vehicle
access to the five-acre lake. The proposed path will connect to the existing twenty (20) foot wide
lake maintenance easement, which encompasses the lake, for weekly maintenance of the lake
tract and potentially any larger lake maintenance needs. The proposed modification would revert
part of the restricted upland preserve tract back to its original status of open space to allow
vegetation to be removed for lake access. Designation as an open space tract would create
access opportunities not inconsistent with the City’s Comprehensive Plan and Land
Development Regulations.
The proposed path has been field adjusted and surveyed roughly down the center of the preserve
to minimize impacts to adjacent home owners and trees. No Oak trees are proposed to be
removed with this alignment. No listed endangeredthreatened species were observed based on
the HOA’s environmental assessment dated February 9, 2004. The City’s Environmental
Consultant, Jim Schnelle, has reviewed the environmental assessment and has agreed with
the assessment. The creation of the proposed pathway will not be detrimental to the
preserve and could help with the management of the preserve. Due to the insignificant
impact of the proposed pathway to Tract “U-3”, the applicant is not proposing any mitigation.
The developer was originally required to preserve a minimum of 10.25 acres, which was 25% of
the upland habitat based on the original environmental assessment of the site. The approved
plats put the total upland preserve acreage at 15.61 acres. The platted upland preserve acreage is
greater than the original site plan required. The proposed pathway acreage is 0.07 acre. The
elimination of 0.07 acres of upland preserve will not reduce the upland preserve acreage below
the City’s code requirement.
The City and the Sanctuary HOA have received eleven (1 1) written objections to any alteration
or any clearing of the preserve (attached) from Sanctuary residents, including both property
owners to either side of the preserve tract. City staff has been advised that one of those residents
has filed a law suit against the HOA over the issue surrounding the proposed lake access tract.
To address some of the residents’ concerns, the HOA is not planning to utilize the entire 15 feet
for a pathway at this time, and it will be constructed of mulch. The proposed location and width
of the lake access tract has been selected to minimize the destruction of trees and plants.
Occasionally, the lake maintenance contractor needs to use a boat to control aquatic weeds. The
HOA has stated that it intends to install a chain across the fi-ont of the path to restrict vehicular
traffic, and place a sign within the path indicating that the path is “For lake maintenance access
only. No dogs or pets allowed.”
Page 3
Date Prepared: September 30,2004
Meeting Date: October 7,2004
Ordinance 35,2004
Resolution 176,2004
LAND USE AND ZONING
The subject site has a zoning designation of Planned Unit Development Overlay with an
underlying zoning of Residential Low (RL-2). The Land Use designation of the PUD is
Residential-Low (RL). The subject site has a gross density of 2.25 units per acre, which is
consistent with the underlying zoning. Please see attached Table 1 for details on surrounding
properties.
CONSISTENCY WITH COMPREHENSIVE PLAN
The proposed amendment is consistent with the overall intent of the goals, objectives and
policies of the City’s Comprehensive Plan. In this case, the best management practice requires
the priority be given to improve the lake access rather than protect the fauna and flora since no
listed species are in harms way. The following goals, objectives and policies indicate the
specific consistency between the Comprehensive Plan and the proposed amendment:
Infrastructure Element
Goal 4.C.1.: Provide adequate city-wide drainage and stomwater management for all property
in the City.
Objective 6.1.9.: The City, through its consultants and staff, will establish the drainage facility
improvements needed within the City and the priority thereof.
Conservation Element
Policy 6.1.2.1.:
management practices are required.
The City shall continue to maintain drainage regulations to ensure best
CONCURRENCY
The PUD already received concurrency during the PUD approval process. No operational traffic
improvements are required as a result of the proposed PUD amendment.
Page 4
Date Prepared: September 30,2004
Meeting Date: October 7,2004
Ordinance 35,2004
Resolution 176,2004
PROJECT DETAILS
Site Access
Pedestrian access and connectivity have been provided throughout the site through a system of
sidewalks. The proposed lake access pathway through the preserve will connect the existing 20-
foot wide lake maintenance easement to existing sidewalks within Princewood Lane right-of-
way, which is adjacent to Tract U-3. This will allow for improved access to the upland preserve
and lake amenities. The proposed access tract will also replace the two drainage tracts shown on
the site plan, but never platted.
Drain ape
The four 15-foot wide “drainage tracts” shown on the approved site plan do not exist. There are
five 12-foot wide drainage easements platted on private property, which tie the lake to the overall
water management system. These easements are dedicated to the HOA for drainage purposes,
which is different than lake maintenance. The infrastructure located within the drainage
easements are maintained by the HOA. These easements do not prohibit the property owners
from fencing and landscaping their properties. The HOA has for the past eight years relied on
property owners granting them permission for access to accomplish regular HOA lake area
maintenance. The drainage easements are not intended for daily lake access by the HOA unless
in association with drainage infrastructure repair work. According to the HOA, drainage pipes
have been damaged when vehicles have used these easements in the past. According to a May 7,
2003 memorandum (attached) from Sean Donahue of LBF&H, Tract U-3 appears to be the most
suitable location for the HOA to place the lake maintenance access. The proposed 15-foot wide
access tract will replace the two approved 15-foot wide “drainage tracts” to the lake that were not
platted. The other two 15-fOOt “drainage tracts” for access to the wetland preserves are no longer
needed.
PLANNING, ZONING & APPEALS BOARD
On May 25, 2004, the Planning, Zoning and Appeals Board held a public hearing for this
petition. The Board’s motion to recommend denial to City Council failed because the vote was
three - three. There was no recommendation.
STAFF RECOMMENDATION
Section 78-563(d) of the Land Development Regulations, entitled Access to lake maintenance
tract, requires permanent means to access lakes and water bodies, acceptable to the City
Page 5
Date Prepared: September 30,2004
Meeting Date: October 7,2004
Ordinance 35,2004
Resolution 176,2004
engineer, through platting. The minimum preserve requirements set forth in the City’s Land
Development Regulations for the Sanctuary PUD have been exceeded by 5.36 acres. Rather than
eliminating the entire 0.81 acres from its current preserve land status, staff believes converting a
small portion of this preserve to a more usehl open space tract, which is necessary to facilitate
the lake maintenance access, is the best alternative. The change of land use and potential
impacts to the plant and wildlife environment are insignificant. The Sanctuary Planned Unit
Development will benefit significantly with the addition of a lake access tract for drainage and
lake maintenance operation.
Staff recommends approval of Ordinance 35, 2004 and Resolution 176, 2004 with the following
condition:
1. The lake access pathway shall not be constructed until the replat for Tract U-3 has been
approved by the City Council and publicly recorded (City ForesterPlanning & Zoning).
Page 6
Date Prepared: September 30,2004
Meeting Date: October 7,2004
Ordinance 35,2004
Resolution 176,2004
Residential Low (RL)
Planned Unit Development (PUD)
Overlay
Planned Community Development
(PCD) Overlay
Subiect Property
The Sanctuary PUD
Residential Low (RL)
Residential Low (RL)
and Golf
NA
Frenchman’s Creek DRVPCD
Residential
(County Zoning - RS/SE)
~
Hood Road and
Residential (MR-5) Frenchman Landing (County)
Planned Community Development
(PCD) Overlay
West
Frenchman’s Creek DRIPCD Residential Low (RL)
and Golf
East
Crystal ~oint(county) , Residential
I (County Zoning - RS/SE)
Residential (MR-5)
Page 7
IC
----r -----I- \;
CONSULTING CIVIL ENGINEERS,
SURVEYORS &MAPPERS
CML
AGRICULTURAL
. WATERRESOURCES
WATER &WASTEWATER
TRANSPORTATION
SURVEY & MAPPING
GIs
‘Tartners For Results
Value By Design”
(7’72) 286-3883
Fax (772) 286-3925
www.lbfh.com
MEMORANDUM
TO: Mark Hendrickson
FROM: Sean C. Donahue, P.E.@
DATE: May 7,2003
FLLE NO. 03-4293
SUBJECT: The Sanctuary PUD: Lake Maintenance Access Easement
We have reviewed the following information for the referenced project received on
April 29,2003:
0 Development Application
0 Sketch and Legal Description of Lake Maintenance Access Easement
prepared by Land Matters Associates
0 The Sanctuary Plat No. 1 as recorded in Plat Book 73, Pages 78 to 82 in the
public records of Palm Beach County.
0 The Sanctuary Plat No. 2 as recorded in Plat Book 73, Pages 83 to 86 in the
public records of Palm Beach County.
0 The Sanctuary-Replat of Tract “0-6” as recorded in Plat Book 77, Pages
117 to 11 8 in the public records of Palm Beach County.
It is our understanding that The Sanctuary PBG HOA, Inc. desires to replat Tract
“U-3” of The Sanctuary-Replat of Tract “0-6” plat to allow for the dedication of a
20-feet wide Lake Maintenance Access Easement through the tract. The HOA is
desirous of this easement to allow for the proper lake access for common lake and
lake bank maintenance activities as well as those required during periods of
emergency or duress (such as during or after a major storm event).
Based on our review of the existing and previous plats of the development as listed
above, there does not appear to be an existing, dedicated access to Lake Tract L.
While 12-foot wide drainage easements are present throughout the plats, these
easements are dedicated for drainage purposes only and not for lake maintenance
activities. Further, the drainage easements are 12-feet wide and do not appear to
ovide clear access to the lake for large equipment such as track hoes or grade alls
would be used for lake reconstruction and large scale maintenance. Typically,
ecommend easements ranging from 15 to 20 feet wide for these activities based
he depth of the pipe and other factors.
t U-3 appears to be the most suitable location for this tract since it is owned
maintained by a single entity (the HOA). Therefore, we have no engineering
oncerns with allowing the Lake Maintenance Access Easement to be placed
through Tract U-3.
The Sanctuary PUD
LBFH File No. 03-4293
Page 2 of 2
We have the following comments based on our review of the application and sketch
and legal description:
1. The sketch shows the tract as Tract 0-6, presumably an Open Space Tract. The
current plat of the land dedicates this area as an Upland Preserve. We
recommend providing a Lake Maintenance Access Tract along the same path as
the easement and keeping the Upland Preserve on each side of the Lake
Maintenance Access Tract. However, this option may require a replat of Tract
u-3,
2. If the tract remains as an Upland Preserve, then the tract should continue to
exclude the 10-feet wide Utility Easement as shown on the existing The
Sanctuary-Replat of Tract "0-6" plat.
If you have any questions or require additional information, please do not hesitate
to contact me at (772) 219-2828.
cc: Talal Benothman
Michael M. Gfesser, PA
Attorney At Law
October 28,2003
Mark I. Hendrickson, City Forester
City Of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Sanctuary Subdivision Upland Preserve Tract U-3
Dear Mark
I was able to visit a few of my neighbors over the weekend. Some of them were not at
home. All of the neighbors that I visited executed the attached letter. Not all of the
residents are in favor of the Easement.
Mr. Jensen and his wife who reside on the other side of the Preserve at 66 Princewood
Lane were very upset that any parts of the Preserve were to be cut. They stated that they
had no idea that this was planned and offered their assistance to me.
I request that you take this into account as you move forward.
Sincerely,
63 1 US Highway One, Suite 308
North Palm Beach, F'L 33408
Telephone 56 1.882.133 1
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
ADDRESS; 4$/ PU;Md@L
Palm Beach Ga rdens. FL 33410
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
ADDRESS: vlfe lJ00
Palm Beach Gard ens. FL 33410
October 2003
TO:
Sanctuary HOA
Mark Hendfickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
ADDRESS:
Palm Beach G ardens. FL 3341 0
October 2003
TO;
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
BY:
ardens. FL 33410 Palm Beach G ADDRESS:
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
1 am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destrpction of trees, shrubs or other vegetation and
desire the Presenre to remain as is.
# .
ardens. FL 33410
.
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract U-3 located on Princewood Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
ADDRESS: 42 &ihcaubdd hL
Palm Beach Gardens. FL 3341 0
October 2003
TO:
Sanctuary HOA
Mark Hendrickson, City Forester
Planning and Zoning Commission
City Council, Palm Beach Gardens, FL
I am a resident of the Sanctuary Subdivision. I object to any alteration or any
clearing of the Preserve Tract 11-3 located on Princewobd Lane in the Sanctuary.
I object to any removal or destruction of trees, shrubs or other vegetation and
desire the Preserve to remain as is.
I
ADDRESS:
Palm Beach Gardens. FL 33410
Andrew & Susan Paciocco
39 Princewood Lane
Palm Beach Gardens, Florida 33410
561-625-0898
December 15,2003
Mr. Mark Hendrickson
City Forester
City of Palm Beach Gardens
10500 N. Military Trail
Palm Beach Gardens, FL 33410
Re: Proposed Amendment - The Sanctuary
Dear Mr. Hendrickson:
We write to you today to voice our opposition to the proposed amendment related to the
preserve area across the street from our residence located in the Sanctuary in Palm Beach
Gardens.
The preserve areas of our development as they exist today were a major part of our initial
attraction to establishing our home in our lovely community. It is our understanding that
the residents of the Sanctuary remain committed to maintaining the pristine natural
habitat surrounding our homes.
Surely, the City of Palm Beach Gardens required a provision in the original site plans
allowing for lake access. We adamantly oppose further exploitation of the preserve and
ask that the requirement of the original plans be enforced and fulfilled.
Thank you for your consideration of our thoughts and opinion as your access the merit of
the proposed amendment.
Sincerely, *
Date Prepared: August 16,2004
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ORDINANCE 35,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 22, 1993
RELATING TO THE SANCTUARY PLANNED UNIT DEVELOPMENT
(PUD) TO TRANSFER THE MASTER PLAN APPROVAL AND
RELATED CONDITIONS TO A SEPARATE RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 4, 1993, the City Council adopted Ordinance 22,
1993, rezoning and approving the master site plan for a Planned Unit Development
(PUD), including 184 single-family detached and zero lot-line residential units on an
approximately 82-acre site, generally bounded by Hood Road to the south, and
Frenchman’s Creek Planned Community District to the west and north; and
WHEREAS, on August 18, 1994, the City Council adopted Resolution 1 1 1, 1994
and Resolution 112, 1994, thereby approving “The Sanctuary” PUD Plat No. 1 and Plat
No. 2; and
WHEREAS, Ordinance 22, 1993 provided that certain modifications to the PUD
could be made by Resolution of the City Council; and
WHEREAS, the City Council subsequently approved Resolution 66, 1996
amending Ordinance 22, 1993 that required the applicant to replat a portion of “The
Sanctuary” PUD Plat No. 2 in order to change Tract 0-6 from open space status to
preserve status; and
WHEREAS, on July 18, 1996, the City Council adopted Resolution 106, 1996,
thereby approving the Replat of Tract “0-6” to Tract “U-3”; and
WHEREAS, the City has received a petition (PUD-03-02) from Sherry L. Hyman,
Esq., on behalf of the Sanctuary Palm Beach Gardens Homeowners Association for
approval of a master plan amendment; and
WHEREAS, the Growth Management Department has reviewed and determined
that said petition is sufficient; and
WHEREAS, on May 25, 2004, the Planning, Zoning and Appeals Board held a
public hearing on said petition; and
WHEREAS, at that meeting, a motion to recommend denial was made, which
motion failed by a vote of 3-3; and
Date Prepared: August 16,2004
Ordinance 35, 2004
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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:
SECTION 1. The provisions of Section 1 of Ordinance 22, 1993 are ratified and
confirmed for the property, as more particularly described below:
LEGAL DESCRIPTION
THE SANCTUARY PLAT NO. 1
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-
QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN
PLAT BOOK 73, PAGES 78 THROUGH 82 IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY.
THE SANCTUARY PLAT NO. 2
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-
QUARTER OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF
PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN
PLAT BOOK 73, PAGES 83 THROUGH 86 IN THE PUBLIC RECORDS OF PALM
BEACH COUNTY.
CONTAINING 82 ACRES, MORE OR LESS.
SECTION 2. Sections 2 - 11, inclusive, of Ordinance 22, 1993 are hereby
transferred to Resolution 176, 2004. The remaining Sections 12 - 14, inclusive, of
Ordinance 22, 1993 shall be renumbered accordingly. Any future amendments to the
PUD and conditions of approval shall be accomplished by Resolution of the City
Council.
SECTION 3. This Ordinance shall become effective immediately upon adoption.
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Date Prepared: August 16,2004
Ordinance 35, 2004
1 PASSED this day of , 2004, upon first reading.
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3 PASSED AND ADOPTED this day of ,2004, upon second
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and final reading.
CITY OF PALM BEACH GARDENS FOR
BY:
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
AGAINST ABSENT
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
46 G:\attorney-share\ORDINANCES\zoning amendment to the sanctuary - ord 35 2004.doc
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Resolution 176, 2004
Date Prepared: August 16, 2004
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RESOLUTION 176,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE
SANCTUARY PLANNED UNIT DEVELOPMENT (PUD) LOCATED ON
THE NORTH SIDE OF HOOD ROAD APPROXIMATELY 1,500 FEET
WEST OF PROSPERITY FARMS ROAD, AS MORE PARTICULARLY
DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF
APPROVAL; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on November 4,1993, the City Council approved Ordinance 22,1993,
thereby approving 184 single-family detached and zero lot-line units on 82 acres; and
WHEREAS, the City has received a request (PUD-03-02) by Sherry Hyman, Esq.,
agent for The Sanctuary PBG Homeowners Association, for approval of an amendment to
the Sanctuary PUD to allow for a fifteen-foot wide lake access tract through Tract “U-3” of
the Sanctuary PUD Plat No. 2, and to eliminate four fifteen-foot wide drainage tracts; and
WHEREAS, these amendments relate to the PUD approval and do not affect the
zoning of the property; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on May 25, 2004, the Planning, Zoning and Appeals Board held a
public hearing on said petition; and
WHEREAS, at that meeting, a motion to recommend denial was made, which
motion failed by a vote of 3-3; 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 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.
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Resolution 176,2004
Date Prepared: August 16,2004
SECTION 2. The Planned Unit Development amendment for The Sanctuary
Planned Unit Development is hereby APPROVED on the following described real property
to allow for one fifteen-foot wide lake access tract through Tract “U-3” of the Sanctuary
PUD Plat No. 2, and to eliminate four fifteen-foot wide drainage tracts, as more particularly
described herein, subject to the conditions of approval contained herein, which are in
addition to the general requirements otherwise provided by ordinance:
LEGAL DESCRIPTION
THE SANCTUARY PLAT NO. 1
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER
OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 73,
PAGES 78 THROUGH 82 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY.
THE SANCTUARY PLAT NO. 2
LYING AND BEING IN THE WEST ONE-HALF OF THE SOUTHWEST ONE-QUARTER
OF SECTION 29, TOWNSHIP 41 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AS RECORDED IN PLAT BOOK 73,
PAGES 83 THROUGH 86 IN THE PUBLIC RECORDS OF PALM BEACH COUNTY.
CONTAINING 82 ACRES, MORE OR LESS.
SECTION 3. Said Planned Unit Development amendment is approved subject to
the following conditions, which shall be the responsibility of the applicant, its successors, or
assigns:
1. Petitioner shall pay to the City of Palm Beach Gardens, Florida a recreational
impact fee of One Hundred Fifty Thousand Dollars ($1 50,000.00) as follows:
one-half (1/2) of the recreational impact fee or the sum of Seventy-Five
Thousand Dollars ($75,000.00) shall be paid to the City prior to the issuance
of the first building permit; the balance of the recreational impact fee or the
sum of Seventy-Five Thousand Dollars ($75,000.00) shall be paid to the City
prior to the issuance of the ninety-third (93rd) building permit. All impact fees in
place at the time of the first building permit shall be paid at that time.
2. A northbound left-turn lane onto Flamingo Road from Prosperity Farms Road
shall be constructed prior to the issuance of the first Certificate of Occupancy.
3. The construction of the Flamingo Road extension as shown on the approved
Master Development Plans shall be constructed, landscaped, irrigated, and
open to the public prior to the issuance of first Certificate of Occupancy.
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Resolution 176,2004
Date Prepared: August 16, 2004
The trunks of all new laurel oaks shall be positioned at least twelve (12) feet
from any Seacoast Utility Authority water and wastewater lines.
Prior to clearing or construction, trees designated for preservation shall be
tagged. Prior to land clearing, the developer shall erect and maintain
protective barriers around the drip line of the trees to be protected. All work
shall be inspected and approved by the Landscape Architect of Record and
City Forester prior to the issuance of any Building Department permit requiring
land clearing. Section 153.50 (Tree Protection) Paragraphs B, C, and D shall
also be enforced during construction.
All tree protection/relocation and landscape work shall be performed using
current professional landscaping standards. The Landscape Architect of
Record shall monitor all tree protection efforts, all tree relocation work, all
landscaping work, and any work that affects the outcome of the approved
landscaping plans. The Landscape Architect of Record shall notify the City
prior to any modifications to the approved Landscape Plan.
All trees designated for preservation that die during construction or because of
construction practices shall be replaced using the following schedule: for every
inch of tree caliper lost, three (3) inches of new tree caliper shall be replaced
with like specie. The minimum replacement tree shall be three (3) inches in
diameter. Palms shall be replaced with like specie, one-for-one with minimum
ten (IO) feet height. If the site cannot support the total number of replacement
trees as required above, City Council may permit the developer to donate
excess trees to the City for planting on public lands.
Prior to the issuance of the Certificate of Occupancy, the Landscape Architect
of Record shall certify in writing to the City that the landscaping has been
completed per the approved Landscape Plans. Any changes to the approved
Landscape Plans shall be approved by the Planning, Zoning and Appeals
Board or City Council. Once the City has the certified letter from the
Landscape Architect, the City Forester shall inspect the site for compliance.
Once compliance has been confirmed by the City Forester, the City Building
Department shall be notified.
Street trees and sidewalks and all associated lot landscaping and any common
area landscaping adjacent to said lot shall be installed prior to the Certificate of
Occupancy of said lot. Prior to final sign-off, the Landscape Architect of
Record shall inspect and certify that all required landscaping is in compliance
with the approved Landscape Plans. The City Forester shall approve (sign off)
on these areas as they are completed.
Per Section 153.20 of the City’s Landscape Code, all new landscaping,
including along Flamingo Road, shall be one hundred percent (100%) irrigated.
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Resolution 176, 2004
Date Prepared: August 16,2004
The five (5) foot concrete sidewalk within the development shall be constructed
prior to the issuance of the Certificate of Occupancy of the adjacent lot. The
construction of the entire sidewalk system shall be completed prior to the
issuance of the final Certificate of Occupancy.
The applicant shall flag and survey wetland areas to be impacted by review by
regulatory agencies and the Department at the time of environmental permit
application.
The applicant shall file environmental permit applications with USACOE, PBC,
DERM, DEP, and SFWMD and provide findings to the Department for
reference and review prior to approval of construction drawings or
commencement of land alteration, whichever occurs first.
The applicant shall use extreme caution when filling in and around trees and
preservation areas to ensure the protection of the root zone and canopy drip
lines area. No changes in pH and topography/drainage may result in
disturbance or destruction of the preserve area. Protection of trees, preserve,
and buffer areas shall be monitored by applicant’s landscape architect and/or
environmental consultant during land alternation/construction activities.
The proposed project shall be micro-sited to ensure the protection of trees,
listed plant and animal species, ensure that the highest quality wetlands and
uplands are preserved intact, and ensure that an adequate buffer is
maintained around all preserved wetlands. Certification shall be required from
the applicant’s landscape architect and/or environmental consultant stating the
highest quality trees, preserve and buffer areas and all listed plant and animal
species have been maintained on site within a functional ecosystem. This
certification shall be submitted prior to commencement of land
alternationlconstruction.
There shall be a maximum building height restriction of thirty-two (32) feet for
Lots 58 through 84, inclusive.
An eight (8) foot wide concrete pathway shall be constructed along the north
right-of-way line from Prosperity Farms Road to the most westerly end of
Flamingo Road.
All condominium documents, homeowner documents, and restrictions shall be
furnished by the petitioner to the City Attorney for review and approval prior to
such documents being recorded in the Public Records of Palm Beach County,
Florida.
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Resolution 176, 2004
Date Prepared: August 16,2004
Prior to the recording of the plat, the petitioner shall provide the City with a
performance bond, letter of credit, or escrow agreement in a form approved by
the City in a sum of money prescribed by the City and shall be posted with the
City of Palm Beach Gardens to assure the completion of the infrastructure,
including on-site roadways, drainage, and utility improvements required for the
Planned Unit Development and common and project landscaping/buffer and
entry feature. From time to time, as improvements are completed and
approved by the City, the amount of the performance bond, letter of credit, or
escrow agreement shall be reduced by a proportionate amount. Upon
completion of all on-site roadway, drainage, and utility improvements required
for the Planned Unit Development, the City shall release said performance
bond, letter of credit, or escrow agreement. The infrastructure shall be
completed within four (4) years from the effective date of this Ordinance. The
Petitioner, for good cause shown, may obtain an extension of two (2)
additional years to complete the infrastructure shown by approval by
subsequent Resolution without necessity of advertisement or public hearing.
The development of the Planned Unit Development shall be commenced
within three (3) years from the effective date hereof; provided, however,
petitioner may obtain an extension of one (1 ) additional year to commence the
first phase for good cause shown by approval by subsequent Resolution
without necessity of advertisement or public hearing. If petitioner fails to
commence development as required, the Planned Unit Development shall
remain until such time as the petitioner secures renewal or amendment of
development, which renewal or amendment shall be in the discretion of the
City Council.
Modifications to the Planned Unit Development that are determined to be
minor by the City Council may be approved by subsequent Resolutions without
the necessity of review by the Planning, Zoning and Appeals Board,
advertisement, or public hearing.
All references to petitioner and/or developer, together with all requirements of
this Ordinance, shall apply to and be binding upon the successors and
assigns.
No Building Permit for the Planned Unit Development shall be issued until the
drainage and paving plans shall be approved by the City Engineer and all other
building requirements of the City of Palm Beach Gardens Code and
requirements of other governmental agencies, if necessary, shall be met.
Petitioner, prior to the issuance of the first Building Permit within the Planned
Unit Development, shall deliver to the City a Unity of Control or Unity of Title in
requisite form to be approved by the City Attorney, requiring the lands
"to be developed described in Plats 1 and 2 of the Sanctuary PUD
in accordance with this Resolution f3dkanw.
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Resolution 176,2004
Date Prepared: August 16,2004
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3 Palm Beach County. (City Forester & Planning & Zoning)
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25. The lake access pathway shall not be constructed until the replat for Tract “U-
3” has been approved by the City Council and recorded in the public records of
SECTION 4. Said Planned Unit Development shall be constructed in compliance
with the following plans on file with the City’s Growth Management Department:
Site plan dated July 7, 1993, prepared by Land Design South, consisting of
one sheet marked Sheet 1 of 4.
Typical Entry Plan & Section Buffer & Lighting, dated July 6,1993, prepared by
Land Design South, consisting of one (1) sheet marked Sheet 2 of 4.
Typical Residential Unit, One Story, Landscape Plans, dated August 16,1993,
prepared by Land Design South, consisting of one (1) sheet marked Sheet 3 of
4.
Typical Residential Unit, Two Story, Landscape Plans, dated August 9, 1993,
prepared by Land Design South, consisting of one (1) sheet marked Sheet 4 of
5.
Elevation Plans, dated May 20,1993, and August 16,1993, prepared by Pulte
Home Corporation, consisting of eighteen (1 8) sheets.
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6.
SECTION 5. All future amendments to The Sanctuary Planned Unit Development
Site Plan, stamp dated August 6, 2004, showing 15’ access tract.
shall be approved by resolution.
applicant or applicant’s agents at any workshop or public hearing.
SECTION 6. This approval shall be consistent with all representations made by the
SECTION 7. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank.)
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Resolution 176, 2004
Date Prepared: August 16, 2004
PASSED AND ADOPTED this day of ,2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: AYE NAY ABSENT
MAYOR JABLIN ---
VICE MAYOR RUSSO ---
COUNCILMEMBERDELGADO ---
COUNCILMEMBER LEVY ---
\\Pbgsfile\Attorneybttorney-share\RESOLUTlONSsanctuary - reso 176 2004.doc
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November 1, 1993
October 27, 1993
October 15, 1993
ORDINANCE 22, 1993
AN ORDINANCE OF THE CITY OF PALM BEACH
GARDENS, FLORIDA, CREATING A PLANNED UNIT
DEVELOPMENT KNOWN AS "THE SANCTUARY"
CONSISTING OF 184 SINGLE-FAMILY DETACHED AND
ZERO LOT-LINE RESIDENTIAL HOMES ON CERTAIN
LANDS LOCATED WITHIN THE CITY OF PALM BEACH
GARDENS AND MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND MADE PART
HEREOF; SAID LANDS DESCRIBED THEREIN SHALL BE DEVELOPED IN ACCORDANCE WITH THE SITE PLAN AND
OTHER PLANS AS SET FORTH IN THIS ORDINANCE;
PROVIDING PAYMENT OF A RECREATIONAL IMPACT FEE
TO THE CITY; PROVIDING ADDITIONAL
SPECIFICATIONS, REQUIREMENTS AND CONDITIONS TO
BE COMPLIED WITH BY PETITIONER; PROVIDING FOR
REVIEW AND APPROVAL OF CONDOMINIUM OR
HOMEOWNERS' DOCUMENTS BY THE CITY ATTORNEY; SETTING FORTH REQUIREMENTS TO BE MET BY THE
PETITIONER INCLUDING POSTING OF A PERFORMANCE BOND, LETTER OF CREDIT OR ESCROW AGREEMENT FOR
COMPLETION OF THE INFRASTRUCTURE; PROVIDING FOR TIME OF COMMENCEMENT FOR THE PLANNED UNIT
DEVELOPMENT; PROVIDING PROCEDURE FOR
MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. The City Council of the City of Palm Beach
Gardens, Florida, does hereby create a Planned Unit Development
known as "THE SANCTUARY" consisting of 184 single-family detached
and zero lot-line residential homes upon the lands described in
Exhibit "A" attached hereto and made a part hereof.
Section 2. Development under this Planned Unit Development
shall be in accordance with and subject to the Site Plan and other
pIans as follows:
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1. Site plan dated July 7, 1993, prepared by Land Design
South, consisting of one sheet marked Sheet 1 of 4.
Typical Entry Plan & Section Buffer & Lighting, dated
July 6, 1993, prepared by Land Design South, consisting of one (1)
sheet marked Sheet 2 of 4.
Typical Residential Unit, One Story, Landscape Plans,
dated August 16, 1993, prepared by Land Design South, consisting of
one (1) sheet marked Sheet 3 of 4.
Typical Residential Unit, Two Story, Landscape Plans,
dated August 9, 1993, prepared by Land Design South, consisting of
one (1) sheet marked Sheet 4 of 4.
5. Elevation Plans, dated May 20, 1993, and August 16,
1993, prepared by Pulte Home Corporation, consisting of eighteen
(18) sheets.
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Section 3, Petitioner shall pay to the City of Palm Beach
Gardens, Florida, a recreational impact fee of ONE HUNDRED FIFTY
THOUSAND ($150,000.00) U.S. DOLLARS as follows: ONE-HALF (1/2) of
the recreational impact fee or the sum of SEVENTY-FIVE THOUSAND
($75,000.00) U.S. DOLLARS shall be paid to the City prior to
issuance of the first building permit; the balance of recreational
impact fee or the sum of SEVENTY-FIVE THOUSAND ($75,000.00) U.S.
DOLLARS shall be paid to the City prior to the issuance of the
ninety-third (93rd) building permit. All impact fees in place at
the time of the first building permit shall be paid at that time.
Section 4. Petitioner shall be subject to and shall comply
with the following additional specifications, requirements and
conditions:
1. A northbound left-turn land onto Flamingo Road from
Prosperity Farms Road shall be constructed prior to issuance of the
first Certificate of Occupancy.
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2. The construction of the Flamingo Road extension as
shown on the approved Master Development Plans shall be
constructed, landscaped, irrigated and open to the public prior to
the issuance of first Certificate of Occupancy.
3. The trunks of all new laurel oaks shall be positioned
at least twelve (12) feet from any Seacoast Utility Authority water
and wastewater lines.
4. Prior to clearing or construction, trees designated
for preservation shall be tagged. Prior to land clearing, the developer shall erect and maintain protective barriers around the
drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and
City Forester prior to the issuance of any Building Department
permit requiring land clearing. Section 153.50 (Tree Protection)
Paragraphs B, C and D shall also be enforced during construction.
5. All tree protection/relocation and landscape work
shall be performed using current professional landscaping
standards. The Landscape Architect of Record shall monitor all
tree protection efforts, all tree relocation work, all landscaping
work and any work that affects the outcome of the approved
landscaping plans, The Landscape Architect of Record shall notify the City prior to any modifications to the approved Landscape Plan.
6. All trees designated for preservation that die during
construction or because of construction practices shall be replaced
using the following schedule: For every inch of tree caliper lost, three (3) inches of new tree caliper shall be replaced with like
specie. The minimum replacement tree shall be three (3) inches in
diameter. Palms shall be replaced with like specie one for one
with minimum ten (10) feet height. If the site cannot support the
total number of replacement trees as required above, City Council
may permit the developer to donate excess trees to the City for
planting on public lands.
Prior to the issuance of the Certificate of Occupancy
the Landscape Architect of Record shall certify in writing to the
City that the landscaping has been completed per the approved Landscape Plans. Any changes to the approved Landscape Plans shall be approved by the Planning and Zoning Commission or City Council. Once the City has the certified letter from the Landscape
Architect, the City Forester shall inspect the site for compliance.
Once compliance has been confirmed by the City Forester, the City Building Department shall be notified.
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8. Street trees and sidewalks and all associated lot
landscaping and any common area landscaping adjacent to said lot
shall be installed prior to the Certificate of Occupancy of said
lot. Prior to final sign-off, the Landscape Architect of Record
shall inspect and certify that all required landscaping is in
compliance with the approved Landscape Plans. The City forester
shall approve (sign-off) on these areas as they are completed.
9. Per Section 153.20 of the City's Landscape Code, all new
landscaping, including along Flamingo Road, shall be one hundred
(100%) per cent irrigated.
10. The five (5) foot concrete sidewalk within the
development shall be constructed prior to the issuance of the
Certificate of Occupancy of the adjacent lot. The construction of
the entire sidewalk system shall be completed prior to the issuance of the final Certificate of Occupancy.
11. The applicant shall flag and survey wetland areas to be
impacted by review by regulatory agencies and the Department at the
time of environmental permit application.
12. The applicant shall file environmental permit
applications with USACOE, PBC, DERM, DEP and SFWMD and provide
findings to the Department for reference and review prior to
approval of construction drawings or commencement of land
alteration, whichever occurs first.
\
13. The applicant shall use extreme caution when filling in
and around trees and preservation areas to ensure the protection of
the root zone and canopy drip lines area. No changes in pH and
topography/drainage may result in disturbance or destruction of the preserve area. Protection of trees, preserve and buffer areas
shall be monitored by applicant's landscape architect and/or
environmental consultant during land alternation/construction
activities.
The proposed project shall be micro-sited to ensure the
protection of trees, listed plant and animal species, ensure that
the highest quality wetlands and uplands are preserved intact and
ensure that an adequate buffer is maintained around all preserved
wetlands. Certification shall be required from the applicant's
landscape architect and/or environmental consultant stating the
highest quality trees, preserve and buffer areas and all listed
plant and animal species have been maintained on-site within a
functional ecosystem. This certification shall be submitted prior
to commencement of land alternation/construction.
14.
-4-
,
15. There shall be a maximum building height restriction of thirty-two
(32) feet for Lots 58 through 84, inclusive.
16. An eight (8) foot wide concrete pathway shall be constructed along
the north right-of-way line from Prosperity Farms Road to the most westerly end
of Flamingo Road.
Section 5. All condominium documents, homeowner documents and restrictions
shall be furnished by the Petitioner to the City Attorney for review and approval
prior to such documents being recorded in the Public Records of Palm Beach County,
Florida .
Section 6. Prior to the recording of the plat, the petitioner shall provide
the City with a performance bond, letter of credit or escrow agreement in a form
approved by the City in a sum of money prescribed by the City and shall be posted
with the City of Palm Beach Gardens to assure the completion of the infrastructure
including on-site roadways, drainage and utility improvements required for the
Planned Unit Development and common and project landscaping/buffer and entry
feature. From time to time as improvements are completed and approved by the
City, the amount of the performance bond, letter of credit or escrow agreement
shall be reduced by a proportionate amount. Upon completion of all on-site
roadway, drainage and utility improvements required for the Planned Unit
Development, the City shall release said performance bond, letter of credit or
escrow agreement. The infrastructure shall be completed within four (4) years
from effective date of this Ordinance. The Petitioner, for good cause shown, may
obtain an extension of two (2) additional years to complete the infrastructure
shown by approval by subsequent resolution without necessity of advertisement or
public hearing.
Section 7. The development of the Planned Unit Development
shall be commenced within three (3) years from the effective date
-5-
4 a
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hereof; provided, however, Petitioner may obtain an extension of
one (1) additional year to commence the first phase for good cause
shown by approval by subsequent Resolution without necessity of
advertisement or public hearing. If Petitioner fails to commence
development as required, the Planned Unit Development shall remain
until such time as the Petitioner secures renewal or amendment of
development, which renewal or amendment shall be in the discretion
of the city council.
Section 8. Modifications to the Planned Unit Development that
are determined to be minor by the City Council may be approved by
subsequent Resolutions without the necessity of review by the
Planning and Zoning commission, advertisement or public hearing.
Section 9. All references to Petitioner and/or Developer,
together with all requirements of this Ordinance shall apply to and
be binding upon the successors and assigns.
Section 10. No Building Permit for the Planned Unit
Development shall be issued until the drainage and paving plans
shall be approved by the City Engineer and all other building
requirements of the City of Palm Beach Gardens Code and
requirements of other governmental agencies, if necessary, shall be
met.
-6-
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Section 1L . Petitioner, prior to the issuance of the first
Building Permit within the Planned Unit Development, shall deliver
to the City a Unity of Control or Unity of Title in requisite form
to be approved by the City Attorney, requiring the lands described
in Exhibit "A" to be developed in accordance with this Ordinance.
Section 12. If any part or portion of this Ordinance is found
to be void or defective, the remainder of the Ordinance shall
continue in full force and effect.
Section 13. All Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
Section 14. This Ordinance shall take effect immediately upon
passage.
INTRODUCED ON FIRST READING THIS 2k)- DAY OF OCTOBER, 1993
PLACED ON SECOND READING THIS
PASSED AND ADOP,!I'ED,,THIS THE Lph DAY OF % 1993.
cou
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, / *', 'I ,I
CDWXZWOMAN FURTAPO
/.. . . - /-. ,
VICE MAYOR MONROE
C~UNCILMAN CLARK ATTEST:
HNDX v. KOSIER, CITY CLER~~'
-7-
v v I
VOTE :
Y MAYOR RUSSO -
VICE MAYOR MONROE -
COUNCILMAN JABLIN -
COUNCILWOMAN FURTADO -
I
J
COUNCILMAN CLARK - ”
- NAY ABSENT
d
EXHIBIT "A"
L' ORDINANCE 22, 1993 -
EXACT GGAL DESCRIPTION 04 THE S,M@X PROPERTY
(Attacn lr insurficient space)
/
West half of Southwest Quarter of Section 29,
Township 41 South, Range 03 East, Palm Beach
County, Florida, SUBJECT to a road right-of-
way over the South 40 feet thereof.
LOCATION
The subject property is located approximately + Weat
mile(s) from the intersection of properitv Farms Road and Flaminno Road , on the (north, east, south, west) side 6r p rooosed Hood Road street.
Property Control No.(s) of the subject parcel(s)
I 52-43-41-29-00-000-7020
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CITY OF PALM BEACH GARDENS
1osoQ N. MILITARY TRAIL PALM BEACH GARDENS. FLORIDA 3341&4698
Tim Hernandez
Vice President
Pulte Home Corporation
Suite 200
1350 E. Newport Center Drive
Deerfield Beach, FL 33442
Dear Mr. Hernandez:
December 20, 1993
Enclosed pIease find a copy of Ordinance 22, 1993, approving The Sanctuary PUD.
Ordinance 22, 1993 was approved by the City Council at their Regular Meeting of
November 4, 1993.
Sincerely, gLm. 6
Exa M. Rief
Deputy City Clerk
Enclosure: As Stated
RESOLUTION 111, 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING THE
PLAT OF THE SANCTUARY, PLAT NO. 1, AS APPROVED
BY ORDINANCE 22, 1993, CONSISTING OF FIVE SHEETS
PREPARED BY BENCHMARK LAND SURVEYING AND MAPPING
AND DATED AUGUST, 1994; AND, DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE MYLAR OF SAID PLAT;
AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. On behalf of the City of Palm Beach Gardens,
Florida, the Mayor and City Clerk are hereby directed to
execute the mylar of the Plat of "THE SANCTUARY" PUD, Plat No. 1,
as approved by Ordinance 22, 1993. Said Plat consists of five (5)
sheets and prepared by Benchmark Land Surveying and Mapping dated
August, 1994.
Section 2. This Resolution shall be effective upon date of
passage.
INTRODUCED, PASSED AND ADOPTED THIS THE '. DAY OF /,<IS,,L I 1994.
, / ,' /
,I .. ,c' .'_/,.5< ,',* h 'I, I L
MAYOR DAVID W. CLARK
ATTEST :
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
!
i <ccc l,,. ( 4'. , 'LG L., I/ / BY:
-I,> jf. CITY ATTORNEY
4 a
CITY OF PALM BEACH GARDENS
1-N. VARY TRAIL PALM llEACn-MAID*3341-
ErrdascdplcasehdacopydRgduMn . lll,19er,*u+ing the Ra! ofthe sencbary, Pht No.
laS*rmdby Ckdimmx 22 1993, anddirectingthe Mapamicity CLerL toexecute the Myfar
of said W, and Resdption 11% 1994, apprwing the pbt ofthe Sanctwy, Plat No. 2, aod
dhchg thc Mayor and City Clerk to execute thc Mylar of said Plat.
Sincerely,
Cindy Harvey
Acting Deputy City Clerk
Enciosurc - As stated
*.
4
(I
RESOLUTION 112, 1994
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, APPROVING THE
PLAT OF THE SANCTUARY, PLAT NO. 2, AS APPROVED
BY ORDINANCE 22, 1993, CONSISTING OF FOUR SHEETS
PREPARED BY BENCHMARK LAND SURVEYING AND MAPPING
AND DATED AUGUST, 1994; AND, DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE MYLAR OF SAID PLAT;
AND, PROVIDING FOR AN EFFECTIVE DATE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH
GARDENS, FLORIDA:
Section 1. The Mayor and City Clerk are hereby authorized
on behalf of the City of Palm Beach Gardens, Florida, to
execute the mylar of the Plat of "THE SANCTUARYff PUD, Plat No. 2,
as approved by Ordinance 22, 1993. Said Plat consists of four (4)
sheets and prepared by Benchmark Land Surveying and Mapping dated
August, 1994.
Section 2. This Resolution shall be effective upon date of
passage.
INTRODUCED, PASSED AND ADOPTED THIS THE . .' DAY OF :q;;,LJ; 1994.
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO LEGAL FORM AND
SUFFICIENCY.
4, c '; 0 I x.l . BY:
f Lcc,
.-I>>+ CITY ATTORNEY
I
CITY OF PALM BEACH GARDENS
1QyK) M. MIUTARY TRAIL PAW WCH GARDENS. FLORIDA 334t-
w. Tim HCIIU~CZ
1350 E. Ncwport Ctntcr Drive, Suite 200
Deerfield Beach, Florida 33442
pulte Home Corporation
Dear Mr. Hcmandez::
Enclosedplcase findampyof Resolution 111,19!34, approving the Plat of the sanctuary, Plat No.
1 as approved by ordimmce 22,1993, and direaing the Mayor and City Clerk to execute the Mylar
of said Plat; and Resolution 112, 1994, approving the Plat of the Sanctuary, Plat No. 2, and
directing the Mayor and City Clerk to execute the Mylar of said Plat.
Resolution 111.1994 and Resolution 1151994 were approved by the City Council at their Regular
Meeting of August 18,1994.
Sincerely, (4 4&1& y
Cindy Harvey
Acting Deputy City Clcrk
April 11,1996
RESOLUTION 66,1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, AMENDING THE
SANCI'UARY PLANNED UNIT DEVELOPMENT, APPROVED
ON NOVEMBER 4, 1993 BY ORDINANCE 22, 1993,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the petitioner has requested an amendment to the Sanctuary Planned Unit
Development, by adding a utility easement and a landscape tract to the northwest comer, adding an
easement to access the northern wetland drainage structure, and requesting approval for a
mitigationhestoration plan for areas within upland and wetland preserves along the western and
northern sections of the project; and
WHEREAS, the amendment is consistent with the City's Comprehensive Plan; and
WHEREAS, the amendment is consistent with the City's Land Development Regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA
Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves
an amendment to the Sanctuary Planned Unit Development, by adding a utility easement and
landscape tract to the northwest corner, adding an easement to access the northern wetIand drainage
stmcturc, and a mitigation/restoration plan for areas within upland and wetland preserves along the
western and northern sections of the project.
Section 2. Said amendments shall be in accordance with the plans on file in the City's
Planning and Zoning Department as follows:
1.
2.
I 3.
4.
5.
6.
7.
8.
April 10, 1'396, The Sanctuary Site Plan by Land Design South. 1 Sheet.
February 5,1996, The Sanctuary Existing Conditions by Land Design South. 1 Sheet.
February 5,1996, The Sanctuary Detail Plan by Land Design South. 1 Sheet.
February 5,1996, The Sanctuary Overall Construction Plan by Land Design South. 1
Sheet.
April 10,1')96, The Sanctuary Habitat Cross Sections by Land Design South. 1 Sheet.
December 19,1995, The Sanctuary Typical 100 Foot Elevation.
January 23, 1996, Survey of a Landscape Berm Encroachment Sanctuary Plat 2 by
Bcnch Mark. 1 Sheet.
January 20,1996, The Sanctuary Paving and Drainage Plan by Schaefer and Fagan.
7 Sheets.
9. December 4,1995, The Sanctuary Preserve Area Contour Plan by Schaefer and Fagan.
3 Sheets.
10. January 22,1996, The Sanctuary Buffer Mitigation Construction Time Schedule by
Land Design South. 1 Sheet.
Section 3. The following conditions shall apply:
1. The replat of the Sanctuary NO. 2 shall be approved by City Council prior to the
issuance of any Building Permit for Lots 148 through 152.
2. Tract 0-6 shall be replatted to change the tract from open space status to preserve
status. This replat shall be approved by City Council prior to the Certificate of
Occupancy of platted Lots 64 through 67.
3. When the mitigatidrestoration work is finished, the petitioners Engineer and
Environmental Consultants shall certify in writing to the City that the site work and
landxapiag were installed per the approval. The last Certificate of Occupancy shall
not be issued until this condition has been met.
4. The landaping shall be warrantdguaranteed for one year by thc petitioner from
the date the city accepts Certification.
5. The applicant shall provide a copy of the executed drainage eascments required
between Lot 163 and 164 and between 159 and 160 prior to the Certificate of
Occupancy of the lotihouse on which the easement is within.
Section 3. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED
AlTEST: APPROVED AS TO FORM AND
LINDA V. KOSIER, CMC, CITY CLERK LEGAL SUFFICIENCY
AY VOTE:
MAYOR RUSSO --- VICE MAYOR FURTADO 4, - - COUNCILWOMAN MONROE fl. - - --- COUNCILMAN JABLIN U
COUNCILMAN CLARK --
CITY OF PALM BEACH GARDENS
lo500 N. MILITARY TRAlL * PALM BEACH GARDENS, FLORIDA 33410-
April 19,1996
Mr. Robert Bentz
Land Design South
1280 Northlake Boulevard
Palm Beach Gardens, Florida 33409
Dcar Mr. Bentz:
Enclosed is a copy of Resolution 66,1996, amending the Sanctuary PUD, approved on November
4,1993 by Ordinance 22,1993, providq for an dkctive date.
Resolution 66, 1996 was approved at the City Council Regular meeting on April 18,1996.
Sincerely.
Cindy e+* Harvey
Deputy City Clerk
Enclosure: As Stated
July 11, 1996
RESOLUTION 106, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING THE
SANCTUARY REPLAT OF TRACT "0-6".
WHEREAS, the City Engineer has reviewed an application to approve the Sanctuary
Replat of Tract "0-6".
WHEREAS, the City Engineer has determined that the proposed Replat meets all of the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the Replat; and
WHEREAS, the Replat is consistent with the City's Comprehensive Plan and LDRs; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Mayor and City Clerk are hereby directed and authorized to execute the
Mylar of the Sanctuary Replat of Tract "0-6", consisting of two (2) sheets dated June 1996,
prepared by Bench Mark Land Surveying and Mapping, Inc. attached hereto as Exhibit "A"
Section 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS
ATTEST:
LINDA V. KOSIER, CMC, CITY CLERK
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY
7 - ABSENT
VOTE:
MAYOR RUSSO
VICE MAYOR FURTADO
COUNCILWOMAN MONROE J
COUNCILMAN JABLIN
COUNCILMAN CLARK
J-- ---
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CITY OF PALM BEACH GARDENS
1Osoo N. MIUTARY TRAIL PALM BEACH GARDENS, FLORIDA 33410.4698
July 22,1996
Mr. Timothy Hernandez
Mte Home Corporation
1350 E. Newport Center Drive, Suite 200
Deerfield Beach, Florida 33442
Dear Mr. Hemande::
Enclosed is a copy of Resolution 105,1996, approving the Replat of Sanctuary Tracts "U-2",
and Resolution 106,1996, approving the Replat of Sanctua~~ Tract "0-6". Resolutions 105 and
106,1996 were approved at the City Council Regular meeting on July 18,1996.
Sincerely,
Cindy Harvey
Deputy City Clerk
Enclosure: As Stated
-1
July 11, 1996
RESOLUTION 105, 1996
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM BEACH GARDENS, FLORIDA, APPROVING THE
SANCTUARY REPLAT OF TRACTS "U-2".
WHEREAS, the City Engineer has reviewed an application to approve the Sanctuary
Replat of Tracts "U-2".
WHEREAS, the City Engineer has determined that the proposed Replat meets all of the
technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and
recommends the approval of the Replat; and
WHEREAS, the Replat is consistent with the City's Comprehensive Plan and LDRs; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL; OF THE CITY OF
PALM BEACH GARDENS, FLORIDA:
Section 1. The Mayor and City Clerk are hereby directed and authorized to execute the
Mylar of the Sanctuary Replat of Tracts "U-2", consisting of three (3) sheets dated June 1996,
prepared by Bench Mark Land Surveying and Mapping, Inc. attached hereto as Exhibit "A".
Section 2. This Resolution shall be effective upon adoption.
INTRODUCED, PASSED AND ADOPTED THIS /&AY OF TJlJlY 1996,
YOR
ATTEST: APP~~OVED AS TO LEGAL FORM
LINDA V. KOSIER, CMC, CITY CLERK AND SUFFICIENCY
BY: &&& v U
VOTE: BYE NAY ABSENT / MAYOR RUSSO
J VICE MAYOR FURTADO --- COUNCILWOMAN MONROE J
COUNCILMAN JABLIN 7- - /- -
---
--- COUNCILMAN CLARK
CITY OF PALM BEACH GARDENS CITY COUNCIL
AGENDA COVER MEMORANDUM
Date Prepared: September 13,2004
Meeting Date: October 7,2004
Resolution 200,2004
SUBJECTlAGENDA ITEM
Resolution 200, 2004: Site Plan and Conditional Use Approval - Seacoast Utility Authority
Water Treatment Plant
Public Hearing: A request by Anne Booth of Urban Design Studio, agent for Seacoast Utility
Authority, for approval of an expansion to a previously approved Conditional Use to allow the
existing Seacoast Utility Authority Water Treatment Plant facility at Hood Road to upgrade and
expand its current operations. The 40-acre site is generally located at the intersection of Hood Road
and Alternate A-1-A.
[XI Recommendation to APPROVE with one condition
[ ] Recommendation to DENY
Reviewed by:
Planning and Zoning fl
Division Director
Tala1 M. Benothman, AICP
City Attorney
Christine Tatum
Finance NIA
AICP
Charles K. Wu, AICP
Approved By:
Originating Dept.:
Growth Management:
Manager
Autumn Sorrow
Planner
[ ] Quasi - Judicial
[ ] Legislative
[XI Public Hearing
Advertised:
Date: September 23,
2004
Paper: PB Post
[XI Required
[ ] NotRequired
Affected Parties:
JXJ Notified
[ ] Not Required
FINANCE: NIA
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other3
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ 3 App. wl conditions
[ ] Denied
[ 3 Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
0 Conditional Use
0 Resolution 200,2004
0 Ordinance 27, 1988
Ordinance 29, 1990
0 Ordinance 33,2003
0 Proposed plans
0 PBPostad
Analysis
Date Prepared: September 13,2004
Meeting Date: October 7,2004
Resolution 200.2004
EXECUTIVE SUMMARY
A request by Anne Booth of Urban Design Studio, agent for Seacoast Utility Authority, for
approval of an expansion to a previously approved Conditional Use to allow the existing Seacoast
Utility Authority Water Treatment Plant facility at Hood Road to upgrade and expand its current
operations.
BACKGROUND
On June 16, 1988 the subject site was annexed into the City of Palm Beach Gardens through the
adoption of Ordinance 27, 1988. Subsequently, on December 6, 1990, the City Council approved
the rezoning of the subject site from the Palm Beach County zoning designation of Agricultural
Residential to the Palm Beach Gardens zoning designation of Government Use (Government Use
was later reclassified as Public Institutional) and allowed for a Conditional Use (CU) Overlay for a
finished water storage tank, backwash recovery system and covered parking area, with the adoption
of Ordinance 29, 1990. Subsequently, on September 18, 2003, the City Council approved an
amendment to the site plan to allow for the relocation of twenty-two (22) parking spaces and the
modification of the project entrances, with the adoption of Ordinance 33,2003.
The applicant is requesting the expansion of an existing Conditional Use to allow the Seacoast PGA
Waste Water Treatment Plant facility to upgrade and expand its current operations including some
additions and deletions to the current facility and operation. The applicant is proposing a new
elevated water storage tank, the construction of one of the future 2 million gallon ground storage
tanks, the removal and construction of a new entrance sign, and the construction of a 150 square
foot reclaimed water booster pump shed building.
LAND USE & ZONING
The site has an overlay zoning designation of Conditional Use (CU) and an underlying zoning of
Public Institutional (PI), and a future land-use designation of Public (P) and is designated Public (P)
on the City’s Vision Plan.
For land-uses of adjacent properties see Table 1 attached.
PROJECT DETAILS
ELEVATED WATER TOWER
The applicant is proposing removal of the existing elevated water tower and the construction of a
new water tower. The proposed elevated water tank measures 186’-3” in height and 32’ in width.
According to Section 78-1 84(b) of the City’s Land Development Regulation, water tanks are except
form the height limitations of the underlying zoning district regulations. The applicant states that the
primary reason for the replacement of the elevated water tower is to provide an increase in
reliability of service to utility customers. With the recent increase in approved developments in the
2
t
Date Prepared: September 13,2004
Meeting Date: October 7,2004
Resolution 200,2004
Seacoast Utility Authority (SUA) service area, the additional need for water and related services has
increased. In anticipation of the future needs of the SUA customers, the proposed water tower will
provide increased water capacity and water pressure in the event of an emergency. The applicant
states that the proposed increase in height of the elevated water tower will protect the water plant
from destructive hydraulic surges.
The existing tower currently has multiple cellular antennas, which are used by the City of Palm
Beach Garden’s police and fire departments, the PBC Sheriffs office, and a private cellular service
operators. The applicant states that the design of the new tank and tower will allow the private
cellular service antenna to blend into the facade of the tank base. The City of Palm Beach Gardens’
antennas, which will be located on top of the tank bowl, will have increased radio communication
capability due to the increase in height of the elevated water tower. Another advantage to the tower
design will be the ability to remove the antenndequipment sheds currently located at the base of the
tank. The equipment located in these sheds and the lines running to the antennas will now be
located within the base of the tower rather than on the outside. The private cellular service provider
will continue to maintain their current equipment compound location due to concern about outside
access to the plant site.
GROUND TANK AND BOOSTER PUMP SHED
The applicant is also proposing construction of a 2MG (two million gallon) tank and a Booster
Pump Shed, which are required as part of the service operations of the plant. The ground tank is
currently shown on the approved site plan as a future facility. The Booster Pump Shed is a small
structure built to house the reclaimed water line booster pump. These facilities are designed to
blend with the existing facilities. These proposed facilities will not provide additional square
footage to be occupied.
ARCHITECTURE
The proposed elevated water tank is proposed to be constructed with a solid concrete base and steel
bowl. The base of the elevated tower will be white with the water tank bowl painted with the
Seacoast Utility Authority blue logo around the center. According to Section 78-248(h)(4) of the
LDR’s, painted wall signs are prohibited. The applicant has since removed the signage on the
proposed elevated water tower. The 2MG ground tank will be steel and will be painted to match the
existing tanks and other plant facility structures on the site. The Booster Pump Shed will be painted
to match the existing plant structures.
SIGNAGE
With the relocation of the site entrance, approved by the City Council with the adoption of
Ordinance 33, 2003, the location of the existing entrance sign is no longer appropriate. In addition,
the proposed landscape buffer along Hood Road will restrict visibility of the existing sign. The
applicant is proposing a monument sign, which will be located adjacent to the main entrance of the
Administrative Offices parking lot. The design of the sign reflects the SUA logo and will meet the
City’s code requirements for signage.
3
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Date Prepared: September 13,2004
Meeting Date: October 7,2004
Resolution 200,2004
PARKING
Required parking is calculated based on the code requirements of one space for every 250 square
feet of office space as well as spaces needed for the public, field crews and service vehicles. There
are currently approximately 97 employees at the facility including administration office staff, plant
operators, fleet crew and field supervisors. The existing facility requires 161 spaces and provides
170 spaces which are within the limits allowed by the code.
LANDSCAPING
The applicant is proposing modifications to the landscape plan for the Hood Road and AlA
perimeter buffers. The proposed plans address the restrictions of planting within close proximity of
the existing lines as well as Homeland Security issues that require visibility of all of the plant
facilities and the perimeter of the property. In recognition of the difficulty in screening the elevated
storage tank, the landscape buffer plans have been designed to divert the eye from looking upward.
The proposed landscape design also takes into consideration the surrounding residential
developments and attempts to incorporate plant materials that will blend together. The proposed
pallette of plants for the SUA site includes many native species including pines, sables and oaks
with multiple layers of plants under the tree canopies to help screen views into the site.
CONDITIONAL USE CRITERIA
Staff has compared the proposed Conditional Use expansion against the City’s Conditional Use
criteria found in Section 78-52 of the City’s Land Development Regulations (LDR’s) and
determined that it is consistent with the City Code (please see attached Conditional Use Analysis).
SUMMARY OF THE PLANNING, ZONING, AND APPEALS BOARD
RECOMMENDATION
On July 27, 2004, the Planning, Zoning, and Appeals Board reviewed the subject petition and
recommended approval to the City Council with a vote of 4-0.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Resolution 200,2004 with the following condition of approval:
1. Prior to the issuance of the first building permit, the applicant shall provide documentation
from FPL allowing landscaping within the utility easement on the north side of the site
along Hood Road.
4
EXISTIN(:
Subject Propertv
Seacoast Utility Authority
Maintenance Facility Site
North
Evergrene PCD
Date Prepared: September 13,2004
Meeting Date: October 7,2004
Resolution 200,2004
TABLE 1
Public Institutional (PI)
Conditional Use (CU) Overlay
Planned Community
Development (PCD)
Planned Unit Development
(PW
Planned Unit Development
WD)
Planned Community
Development (PCD)
GNATIONS
LAND USE m
Residential Low (RL)
Residential Low (RL) (I
5
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CONDITIONAL USE ANALYSIS
City of Palm Beach Gardens LDR Section 78-52
(1) Comprehensive plan. The proposed use is consistent with comprehensive plan.
StaffAnalvsis: The proposed use is consistent with the overall intent of the Comprehensive Plan.
The following Goals demonstrate the consistency of the proposed Conditional Use expansion
with the City’s Comprehensive Plan:
GOAL 4.A.1.: PROVIDE ADEQUATE CENTRAL SANITARY SEWAGE FACILITIES
FOR RESIDENTS AND COMMERCIAL DEVELOPMENT IN THE CITY.
GOAL 4.D.1.: THE PROVISION OF A SAFE, HEALTHY AND DEPENDABLE
POTABLE WATER SUPPLY TO ALL RESIDENTS AND BUSINESSES IN THE CITY.
Staff Anatvsis: The hture land-use plan designation for this property is Public (P) which allows a
utility plant as a conditional use. The proposed conditional use expansion is to allow approval
for improvements to the site which are all consistent with the existing use and approvals.
(2) Chapter requirements. The proposed use is consistent with all applicable
requirements of this chapter.
StaffAnalvsis: The Seacoast Utility Authority Water Treatment Plant (SUA WTP) is an existing
facility and approved conditional use. The request is for the approval of upgraded equipment
and future modifications within the site which will provide improved service to utility customers.
The proposed use is consistent with all applicable requirements of this chapter.
(3) Standards. The proposed use is consistent with the standards for such use as
provided in Section 78-159.
Staff Analvsis: The proposed conditional use expansion is consistent with the standards for such
use as provided in Section 78-159 of the City’s LDR’s.
Section 78-159 Permitted uses, conditional, and prohibited uses, Table 21 : Water treatment,
sewer treatment, electric, gas or other utility plants and major substations are permitted as a
conditional use in the following zoning districts: P/I, PDA, CONS, M1, MlA, and M2. Utility
plants and major substations shall comply with the standards listed below.
a. The plant shall be compatible with surrounding land-uses
The WTP is an existing facility that was in existence prior to the construction of
the surrounding residential community and commercial uses. The applicant is
requesting to upgrade and modifi the existing facility s operations including the
replacement of the existing elevated storage tower and the construction of a
previously approved ground-level water storage tank. The use of the site remains
the same, and the proposed improvements meet the current code requirements.
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b. The plant shall implement city-approved odor control policies if sludge is stored
on-site.
The facility meets all City, State, and/or Federal requirements, regulations,
and/or policies set forth for the implementation of odor control.
c. The plants are setback a minimum of 500 feet from any property with a residential
future land-use or zoning designation.
All proposed upgrades and modijcations are consistent with the current use of
the site, and they meet the current code requirements.
d. The plants are setback a minimum of 250 feet from any property with a
nonresidential future land-use or zoning designation.
Both proposed tanks are consistent with the current use of the site, and they meet
the current code requirements.
e. A perimeter landscape buffer of at least 25 feet in width shall be provided on all
sides of the plant. Landscaping within the buffer shall comply with the
requirements of Division 7 of Article V.
The applicant is proposing is an Alternative Landscape Improvement plan which
proposes a 30' wide landscape buffer along the northern and eastern property
lines to be installed as part of the improvements. The southern and eastern
property lines have an existing wall between the abutting residential use and the
facility.
f. Vehicular access shall be provided from a city collector, county minor arterial,
state minor arterial, state, or state principal arterial roads.
Access to the site is provided form Hood Road which is a County collector
roadways.
(4) Public welfare. The proposed use provides for the public health, safety, and welfare
by:
a.
b.
c.
d.
Providing for a safe and effective means of pedestrian access;
Providing for a safe and effective means of vehicular ingress and egress;
Providing for an adequate roadway system adjacent to and front of the site;
Providing for safe and efficient onsite traffic circulation, parking, and overall
control; and
Providing adequate access for public safety purposes, including fire and police
protection.
e.
Staff Analvsis: This site provides access on site between the operations building and all
facility operations, however the facility is a restricted site and public access is not permitted.
As a part of the Homeland Security program, only employees of SUA are permitted onto the
site without explicit authorization from SUA. This site provides sidewalk access to the
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administrative building to be connected to the proposed sidewalk within the Hood Road
right-of-way. The site has recently received approval for a reconfiguration of the parking lot
and entry points to provide for more consistent alignment with the adjacent community as
well as better circulation on site for both public and safety purposes, including fire and
police protection. Access to the property by the public is prohibited with the exception of
the administrative offices.
(5) Screening and buffering. The proposed use utilizes such techniques as landscaping,
screening, buffering, site or building design, or business operation procedures to
mitigate impacts on surrounding properties, including such impact as:
a. Noise;
b. Glare;
C. Odor;
d.
e.
f. Signs;
g. Waste disposal and recycling;
h.
i. Visual impact; and
j. Hours of operation.
Ground-, wall-, or roof-mounted mechanical equipment;
Perimeter, interior, and security lighting;
Outdoor storage of merchandise and vehicles;
Staff AnaZvsis: The plans currently on file with the City propose a 30' thick landscape buffer along
the northern and eastern property lines. The southern and eastern property lines have an existing
wall between the abutting use and the plant. The Administrative Offices on Hood Road also
incorporate a lush landscaping program. All appropriate measures have been taken to address the
requirements of this section and to reduce impacts to the surrounding neighbors.
(6) Utilities. The proposed use minimizes or eliminates the impact of utility installation,
including underground and overhead utilities, on adjacent properties.
Staff Analysis: The proposed improvements will improve services to the adjacent properties and all
other utility customers. The petitioner is currently working with Florida Power and Light to bury
the overhead power lines that are currently on the site in the area of the proposed elevated storage
tank.
(7) Dimensional standards. The proposed use meets or exceeds all dimensional
requirements required by the chapter.
StaffAnaZvsis: The approved site plan is consistent with the requirements of this chapter.
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(8) Neighborhood plans. The proposed use is consistent with the goals, objectives, policies,
and standards of neighborhood plans.
N/A
(9) Compatibility. The overall compatibility of the proposed development with adjacent
and area uses, and character of area development.
Staff Analvsis: The SUA WTP facility was in existence prior to the construction of the surrounding
residential community and commercial uses. Compatibility of the surrounding uses was taken into
account when the surrounding uses were approved for development.
(10) Patterns of development. The proposed use will result in logical, timely, and orderly
development patterns.
Staff Analvsis: The SUA WWTP facility was in existence prior to the construction of the
surrounding residential community. The proposed upgrade to the facility’s operational equipment
is part of the overall phased development plan for the plant and will provide enhanced service to
utility customers.
(11) Purpose and intent. The proposed use will be in harmony with the general purpose
and intent of this chapter and the goals, objectives, and policies of the City.
Staff Analysis: The purpose and intent of the plant is to provide wastewater treatment to the
community in an efficient and cost effective manner. The proposed modifications will enhance
service to the utility customers. The proposed modifications are within the general purposes of the
code.
(12) Adverse impact. The design of the proposed use and structures will minimize any
adverse visual impacts or impacts caused by the intensity of the use.
Staff Analvsis: The proposed elevated water storage tank will be much more visually appealing
than the existing tank. The proposed landscape buffer will provide a heavy vegetative screening of
the site from the surrounding roadways.
(13) Environmental impact. The design of the proposed use minimizes any adverse impacts
that may be created, including impact on environmental and natural resources
including air, water, storm water management, wildlife, vegetation, and wetlands.
Staff Analvsis: Site related environment impacts were addressed at the time of the original
approval. The current and proposed plant operations will meet all required local, state and national
standards as required.
Date Prepared: September 23,2004
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RESOLUTION 200,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO
AN EXISTING CONDITIONAL USE TO ALLOW THE EXISTING
SEACOAST UTILITY AUTHORITY WATER TREATMENT PLANT
FACILITY, LOCATED AT THE INTERSECTION OF HOOD ROAD
AND ALTERNATE AIA, AS MORE PARTICULARLY DESCRIBED
HEREIN, TO UPGRADE AND EXPAND ITS CURRENT
OPERATIONS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on December 6, 1990, the City Council approved Ordinance 29,
1990, which approved the annexation of the subject site into the City of Palm Beach
Gardens and which concurrently rezoned and provided site plan approval for the
Seacoast Utility Authority Water Treatment Plant; and
WHEREAS, on September 18, 2003, the City Council approved Ordinance 33,
2003, which approved an amendment to the site plan for the Seacoast Utility Authority
Water Treatment Plant site to allow for the relocation of twenty-two (22) parking spaces
and the modification of the project entrances; and
WHEREAS, the City of Palm Beach Gardens has received an application
(Petition CU-04-03) from Anne Booth, agent for Seacoast Utility Authority, for approval
of an expansion to an existing Conditional Use to allow the Seacoast Utility Authority
Water Treatment Plant facility to upgrade and expand its current operations; and
WHEREAS, the Growth Management Department has reviewed said application
and determined that it is sufficient and has recommended approval of the application;
and
WHEREAS, on July 27, 2004, the City’s Planning, Zoning and Appeals Board
reviewed said application and recommended approval of same to the City Council by a
vote of 4-0; and
WHEREAS, the City Council has deemed approval of this Resolution to be in the
best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: September 13,2004
Resolution 200, 2004
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SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves an expansion to an existing Conditional Use to allow the Seacoast Utility
Authority Water Treatment Plant facility to upgrade and expand the current operations
of the facility, located at the southwest corner of the intersection of Hood Road and
Alternate AI A, for the following described real property:
LEGAL DESCRIPTION:
A CERTAIN PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP 41 SOUTH,
RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY
LINE OF THAT CERTAIN 125 FOOT WIDE RIGHT-OF-WAY OF HOOD ROAD BEING
REFERRED TO IN DEED BOOK 1083, AT PAGE 141, PUBLIC RECORDS OF PALM
BEACH COUNTY, FLORIDA WITH THE WESTERLY RIGHT-OF-WAY LINE OF THAT
CERTAIN 100 FOOT WIDE RIGHT-OF-WAY OF THE FLORIDA EAST COAST
RAILWAY AS SAID RIGHT-OF-WAY IS INDICATED ON ROAD PLAT BOOK 4,
PAGES 222 THROUGH 231, PUBLIC RECORDS OF PALM BEACH COUNTY,
FLORIDA, (BEARINGS CITED HEREIN ARE IN A MERIDIAN ASSUMING NORTH IB
FLORIDA EAST COAST RAILWAY AND SAID MERIDIAN BEING ALSO THE SAME
AS THAT USED ON SAID ROAD PLAT BOOK 4, PAGES 222 THROUGH 231), AND
FROM SAID POINT OF BEGINNING RUN THE FOLLOWING COURSES;
45' 12" EAST ALONG THE SAID WESTERLY RIGHT-OF-WAY LINE OF THE
SOUTH 1'45'12" WEST, RUNNING ALONG SAID WESTERLY RIGHT-OF-WAY LINE
OF THE FLORIDA EAST COAST RAILWAY A DISTANCE OF 1,316.94 FEET;
THENCE NORTH 88'14'48" WEST, RUNNING ALONG A LINE AT RIGHT ANGLES
TO THE PRECEDING COURSE, A DISTANCE OF 1,316.94 FEET;
THENCE NORTH I"45'12'' EAST, RUNNING ALONG A LINE PARALLEL WITH SAID
DISTANCE OF 1,329.19 FEET, MORE OR LESS, TO A POINT IN THE ABOVE
WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A
MENTIONED SOUTHERLY RIGHT-OF-WAY LINE OF HOOD ROAD;
THENCE SOUTH 87'42'50" EAST, RUNNING ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE OF HOOD ROAD, A DISTANCE OF 1,317.00 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.
CONTAINING 40.00 ACRES, MORE OR LESS.
SECTION 3. Said approval shall comply with the following additional condition,
which shall be binding upon the applicant, its successors, assigns, andlor grantees:
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Date Prepared: September 13,2004
Resolution 200, 2004
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1. Prior to the issuance of the first building permit, the applicant shall provide
documentation from FPL allowing landscaping within the utility easement on
the north side of the site along Hood Road.
SECTION 4. This approval shall be in compliance with the following plans on file
with the City's Growth Management Department:
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Seacoast Utility Authority Water Tower Tank (two pages total), prepared by
Urban Design Studio, dated August 13, 2004.
Site Plan (1 sheet total), prepared by Urban Design Studio, dated June 16,
2004, received by the City on June 17, 2004.
Overall Alternative Landscape Improvement Plan (one sheet), prepared by
Urban Design Studio, dated, May 14, 2004, received by the City on June 1,
2004.
Landscape Plan (sheets 2 - 4), prepared by Urban Design Studio.
Monument sign, prepared by Urban Design Studio, dated April 14, 2004,
received by the City on May 18, 2004.
Reclaimed Water Booster Pump Station (sheets C-I and C-2), prepared by
LBFH, received by the City December 24,2003.
(The remainder of this page left intentionally blank)
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SECTION 5. Said approval shall be consistent with all presentations made by
SECTION 6. This Resolution shall become effective immediately upon adoption.
the applicant or applicant's agent at any workshop or public hearing.
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PASSED
--
AND ADOPTED this day of
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE:
MAYOR JABLIN
VICE MAYOR RUSSO
COUNCILMEMBER DELGADO
COUNCILMEMBER LEVY
Date Prepared: September 13,2004
Resolution 200,2004
,2004.
AYE NAY ABSENT
GL
G:\attorney-share\RESOLUTIONS\seacoast utility water treatment plant expansion - reso 200 2004.doc
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5/24/88
ORDINANCE 27, 1988
AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA,
ANNEXING INTO THE CITY OF PALM BEACH GARDENS, FLORLDA, A
PARCEL Of LAND CONSISTING OF APPROXIMATELY 1,392.22 ACRES, MIRE
OR LESS, WITHIN S€CTIm 35, TOWNSHIP 41 SOUTH, RANGE 42 EAST,
SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, AND SECTION 2,
TOWNSHIP 42 SOUTH, RANGE 42 EAST, AND MORE PARTICULARLY IXSCRISED
IN EXHIBIT nA" ATTACHED HERETO AND WOE A PART NREOF; AND,
PROVIDING FOR TI.8: REPEAL Of ALL ORDINANCES OR PARTS OF ORDINANCES
IN CONFLICT HEREWLTH; AND, PROVIDING FOR AN EFFECTIM DATE EREOF.
WHEREAS, Petitioner, the John D. and Catherine 1. MacArthur Foundation,
fee simple title holder of a parcel of land described in Exhibit fpAft and located in
Section 35, Township 41 South, Range 42 East, Section 36, Township 41 South, Range
42 East, and Section 2, Township 42 South, Range 42 East, Palm Beach County, Florida.
has requested that the City of Palm Beach Gardens, Florida, annex said lands into
the corporate limits of the City; and
WHEREAS, the City Council of Palm Beach Gardens finds that said lands
comply with the requirments of Chapter 171, Florida Statutes, and the Ordinances
of the City of Palm Beach Gardens, Florida.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM
EACH GARDENS, FLORIDA:
Section 1. A parcel of land
Range 42 East, Section 36, Township 41
Township 42 South, Range 42 East, Palm - Beach County, Florida, and more particularly
described in Exhibit "An attached hereto and made a part hereof, is hereby annexed
into the City of Palm Beach Gardens, Florida, and is hereby made a pert of said
City as if it had been an original part thereof.
Section 2. The land described in Exhibit Vl" shall be subject to the
requirements of Chapter 171.062, Florida Statutes, which states that the said lands
shall be subject to a cowty land use plan and county zoning or subdivision regula-
tions. which shall rmain in full force and effect lntil the City of Palm Beach
Gardens mends its Cmrehensive Land Use Plan.
J 4
Section 3. If a Court of competent jurisdiction enters an Order or
Judgment that the land or lands annexed under and mcompassed in this Ordinance, or
any portion thereof, contains pockets, fingers, enclaves or has been annexed in a
serpentine fashion or otherwise is not a proper subject of annexation or improperly
annexed mder this Ordinance, then the boundary or boundaries of lands annexed
under this Ordinance shall be reduced accordingly to the maximun allowed by the
Court under the laws of Florida.
Section 4. All Ordinances or parts of Ordinances in conflict herewith
are hereby repealed.
Section 5. This Ordinance shall be effective won date of passage.
PLACED ON FIRST READING THIS 26th DAY OF MAY, 1988.
PLACED GV SECOND READING THIS 16th DAY OF JLdvE, 1988.
PLACED AND ADOPTED THIS 16th DAY OF JWE, 1988.
-
VICE MYOR
ATTEST:
/ &/AH- LYND/A KOSIER, DEPUTY CITY'CLERK
.- + 'w
EX H I B I T 'I A I'
(PARCEL 2)
A parcel of land lying in Sections 35 and 36, Township 41 South,
Range 42 East and in Section 2, Township 42 South, Range 42 East,
Palm Beach County, Florida, and being more particularly described as follows:
That part of said Section 36 lying West of the West right-of-way line of the Florida East Coast Railroad and South of the South
right-of-way line of Hood Road.
Together with the South 1/2 of said Section 35.
Together with all of said Section 2; less and except the East 1/2
of the Southeast 1/4 of said Section 2; less and except the right-
of-ways of State Road 786, Florida State Turnpike, Central
Boulevard, Alternate A-1-A, Military Trail and Interstate 1-95,
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. . --
FLORIDA DEPARTMENT OF STATE
Jim Smith Secretary of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 480-8427
June 24. 1988
Ms. Linda Kosier
Deputy City Clerk
Clty of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Dear Ms. Kosier:
This will acknowledge your letter of June 17, 1988 and
certified copy of Ordinance Nos. 26, 1988, 27, 1988 and
28, 1988 annexing certain lands into the City of Palm Beach
Gardens, which were filed in this office on June 21, 1988.
Sincerely,
v Liz Cloud, Chief
Bureau of Administrative Code
LC/vm
FLORIDA DEPARTMENT OF STATE
Jim Smith Secrctav of State
DIVISION OF ELECTIONS
Room 1802, The Capitol
Tallahassee, Florida 32399-0250
(904) 488-8427
June 24, 1988
Ms. Linda Kosier
Deputy City Clerk
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, Florida 33410
Dear Ms. Kosier:
This will acknowledge your letter of June 17, 1988 and
certified copy of Ordinance Nos. 26, 1988, 27, 1988 and
28, 1988 annexing certain lands into the City of Palm Beach
Gardens, which were filed in this office on June 21, 1988.
Sincerely,
W Liz Cloud, Chief
Bureau of Administrative Code
LC/vrn
P
4 - rember 14, 1990
ORDINANCE 29, 1990
AN ORDINANCE OF THE CITY OF PALM BEACH
GARDENS? FLORIDA, REZONING A 40 ACRE
PARCEL OF LAND LOCATED AT 4200 HOOD
ROAD, PALM BEACH GARDENS, FLORIDA: AND
MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ATTACHED, FRON TBE PALM BEACH COUNTY
WITH A SPECIAL EXCEPTION TO A GU-GOVERN-
MENT DISTRICT ZONING CLASSIFICATION;
AND, SIMULTANEOUSLY APPROVING THE SITE
PLAN AND RELATED PLANS ATTACHED HERETO
AS A COMPOSITE EXHIBIT "B"; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH; AND,
PROVIDING FOR AN EFFECTIVE DATE HEREOF.
DESIGNATION OF AGRICULTURAL RESIDENTIAL
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALt4
BEACH GARDENS, FLORIDA:
Section 1. The zoning classification by Palm Beach
County as same pertains to a parcel of land located at 4200 Hood
Road, Palm Beach Gardens, Florida, consisting of approximately
40 acres and more particularly described in Exhibit "All attached
hereto, is hereby rezoned from its present zoning designation
of Agricultural Residential with a Special Exception to GU-
Government District under the Palm Beach Gardens Code.
Section 2. The following described Site Plan and related
Plans attached as Composite Exhibit "B" are hereby approved in
compliance with the Site Plan Review Process: overall Site Plan,
detailed Site Plan, prepared by James M. Montgomery Engineers,
Inc., each one (1) sheet, Boundary survey by Morgan & Eklund
Professional Survey Consultant, dated March 7, 1988, all received
by the City on September 21, 1990; drawing of Elevation of
Watertank Storage and Water Recovery Basin, no designately preparer,
two (2) sheets received by City on September 25, 1990.
Section 2. All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
Section 4. This Ordinance shall be effective upon date
of passage.
PLACED ON FIRST READING THIS 15th DAY OF NOVEMBER, 1990.
PLACED ON SECOND READING THIS 6th DAY OF December I 1990.
PASSED AND ADOPTED THIS THE 6th DAY OF December 1990 . -
MAYOR
/L*L d&. -3
VICE-MAYOR
ATTEST:
' ,/ '/, ,/. / 'f , ~.--
COUNCILWOMAN
!
LEGAL DESCRIPMON
A certain parcel of land lying in SectFm 36, Township 41 South, Rangp42 East, Palm Beach caplty, Florida, being mre particularly described as follm:
~"pinniry at a point of intersection of the mtherly right-of-way line of that certain 25 foot wide right-of-way of Hood bad beiw referred to in ked Book 1083, at Page 161, Public Records of Palm Beach County, Florida with the westerly right-
of-way line of that certain 100 foot wide right-of-way of the Florida East.Coast Hai -
1Fc Records OF Palm Beach Cumty, Florida, (karings cited herein are in a rneriddtan
way as said right-of-way is inlicated on Road Plat Bodc 4, Pages 222 throJgh 231, R1 6 -
nssuning North 1' 45'12''
East Coast Railway and Book 4, Pages 222
almg the said westerly right-of-way lire of the Florida being also the sane as that ug M Said Road Plat
fran said Point of Eegimw nm the,follarir\g I
-2 c . ..%.., .. .I i .. courses : e.
South 1' 45'12" %st, nxn ' ai
Thence North M)*14'48'' West, && along a line at r&t angles Wrhe kedirg'cmrse, a distance of 1,316.94 feet:
Therrce North 1' 45'12"'
Lid westerly right-of-way 1- Of A*n&& &st :, Coast Railway a distance 03,31%- feet; - {* *. y. . .
, .. .r .
I
'thence Scuth 87' 42'50" East,,
a distance of 1,317.00 €et,
Contain%. 40.00 ecies,
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As Amended Q 2"d Reading: September 18,2003
ORDINANCE 33,2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA AMENDING ORDINANCE 29, 1990,
WHICH APPROVED A SITE PLAN FOR THE SEACOAST UTILITY
HEADQUARTERS LOCATED AT THE SOUTHWEST CORNER OF
ALTERNATE AIA AND HOOD ROAD, AS MORE PARTICULARLY
SPACES AND MODIFY THE PROJECT ENTRANCES AS A RESULT OF
THE HOOD ROAD WIDENING AND IMPROVEMENT PROJECT; AND
PROVIDING AN EFFECTIVE DATE.
DESCRIBED HEREIN TO RE-LOCATE TWENTY-TWO PARKING
WHEREAS, on December 6,1990, the City Council approved Ordinance 29,1990,
which concurrently rezoned and provided site plan approval for the Seacoast Utility
Headquarters site; and
WHEREAS, the City has received an application from Seacoast Utility Authority
(SUA) to reconfigure the parking lot and access driveways as a result of the Hood Road
widening project; and
WHEREAS, the Growth Management Department has reviewed said application,
has determined that it is sufficient and is consistent with the City's Comprehensive Plan
and Land Development Regulations, and has recommended approval; and
WHEREAS, the Planning and Zoning Commission reviewed the subject petition on
January 28,2003, and recommended approval; and
WHEREAS, the City Council has deemed approval of this Ordinance to be 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.
The application for modification to the previously approved Master Plan and extension of
the build-out date for the following described property is hereby approved:
SECTION 2. The amendment to a previously approved site plan to re-locate twenty-
two parking spaces and modify the project entrances as a result of the Hood Road
widening project for the following described property is hereby approved:
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Revised: August 25,2003
Ordinance 33, 2003
As Amended Q 2"4 Reading: September 18,2003 I
LEGAL D ESCRl PT I 0 N :
A CERTAIN PARCEL OF LAND LYING IN SECTION 36, TOWNSHIP41 SOUTH, RANGE
42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
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BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY
LINE OF THAT CERTAIN 125 FOOT WIDE RIGHT-OF-WAY OF HOOD ROAD BEING
BEACH COUNTY, FLORIDA WITH THE WESTERLY RIGHT-OF-WAY LINE OF THAT
CERTAIN 100 FOOT WIDE RIGHT-OF-WAY OF THE FLORIDA EAST COAST RAILWAY
AS SAID RIGHT-OF-WAY IS INDICATED ON ROAD PLAT BOOK 4, PAGES 222
REFERRED TO IN DEED BOOK 1083, AT PAGE 141, PUBLIC RECORDS OF PALM
I I I THROUGH 231 , PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, (BEARINGS
CITED HEREIN ARE IN A MERIDIAN ASSUMING NORTH lB45' 12"EASTALONG THE
AND SAID MERIDIAN BEING ALSO THE SAME AS THAT USED ON SAID ROAD PLAT
BOOK 4, PAGES 222 THROUGH 231), AND FROM SAID POINT OF BEGINNING RUN
THE FOLLOWING COURSES;
SAID WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY
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SOUTH l"45'12" WEST, RUNNING ALONG SAID WESTERLY RIGHT-OF-WAY LINE OF
THE FLORIDA EAST COAST RAILWAY A DISTANCE OF 1,316.94 FEET;
THENCE NORTH 88"14'48" WEST, RUNNING ALONG A LINE AT RIGHT ANGLES TO
THE PRECEDING COURSE, A DISTANCE OF 1,316.94 FEET;
THENCE NORTH l"45'12" EAST, RUNNING ALONG A LINE PARALLEL WITH SAID
DISTANCE OF 1,329.19 FEET, MORE OR LESS, TO A POINT IN THE ABOVE
WESTERLY RIGHT-OF-WAY LINE OF THE FLORIDA EAST COAST RAILWAY, A
MENTIONED SOUTHERLY RIGHT-OF-WAY LINE OF HOOD ROAD;
THENCE SOUTH 87"42'50" EAST, RUNNING ALONG SAID SOUTHERLY RIGHT-OF-
WAY LINE OF HOOD ROAD, A DISTANCE OF 1,317.00 FEET, MORE OR LESS, TO
THE POINT OF BEGINNING.
CONTAINING 40.00 ACRES, MORE OR LESS.
SECTION 3. Said approval is subject to the following conditions, which shall be the
responsibility of the applicant, its successors, or assigns: I
1. Within six (6) months of the completion of the Hood Road improvements, the
applicant shall pay to the City its fair share of the landscape and irrigation
installation for one half of median@) and all of the southern road shoulder of Hood
Road from Alternate AlA to the western terminus of the subject property. The
applicant shall work with the Property Owners' Association (POA) of the Evergrene
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As Amended @ 2nd Reading: September 18,2003
Ordinance 33,2003
PCD to complete this roadway beautification project concurrent with the Hood Road
improvements. (City Forester)
The applicant shall pay its fair share of the landscape and irrigation maintenance for
the same area of Hood Road as described above. The applicant shall workwith the
Evergrene POA to provide one common maintenance program for Hood Road prior
to the completion of Hood Road improvements. (City Forester)
Prior to the issuance of the first building permit, the applicant shall plat the project in
accordance with LDR Section 78-446: Plat review and approval process. (City
Engineer)
Any future modifications to the site plan for this property, including any major
amendments to the building elevations, surrounding landscaping or architectural
details for previously approved buildings will be reviewed by the established Site
Plan Review Process and may be approved by Resolution of the City Council.
(Planning and Zoning)
SECTION 4. The approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant's agent(s) at any workshop or public
hearing.
the City's Growth Management Department as follows:
Gardens June 25,2002 (Sheets 1 & 2).
SECTION 5. Said approval and construction shall be consistent with plans filed with
I. July 17, 2003. Site and Landscape Plans, received by the City of Palm Beach
2. June 12, 2003. Paving & Drainage Plans, received by the City of Palm Beach
Gardens June 17,2003 (Sheets 1 through 4).
3. March 12,2003. Administration Building Area, received by the City of Palm Beach
Gardens March 19,2003 (Sheets El through E3).
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4. March 12, 2003. Photometric Plans, received by the City of Palm Beach Gardens
SECTION 6. This Ordinance shall become effective immediately upon adoption.
36 March 19,2003 (Sheets Photo I & Photo 2). 1
(The remainder of this page left intentionally blank)
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As Amended Q 2nd Reading: September 18,2003
Ordinance 33,2003
PASSED this 2 I day of AUlOiT ,2003, upon first reading.
PASSED AND ADOPTED this 1 Fprk day of J&JFL.,&W ,2003, upon
second and final reading.
CITY OF PALM BEACH GARDENS FOR
I/
AGAINST ABSENT
ATTEST:
..
BY:
-- - -
.APPROVED& TO FORM AND
L~GA~S~FFICIENCY
BY:
Christine P. Tatum, City Attorney
d
Gbttorney-share\ORDINANCES\Ord.33-2003 - seacoast utility parking lot-amended at second reading - 9-1 8-03.doc
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.- . - . - .- .- FILE No.346 08/18 '03 14:08 1D:UIBRN DESIGN STUDIO FAX:561 366 1100 PAGE 2/ 6
MEMORANDUM
To:
Prom: Anne Boo
urban
-~
Urban Design
Urban Planning
Land Plannlng
Landrcape kchlbctum
Date: August 15,2003
Subject: Seaconat Utility Authority Hood Road Facility - Proposed Condition
to Ordinance 33,2003
I am writing to request that a clarifying condition bo added to Ordinance 33,2003. This
Ordinance is being prepared for Council consideration to address a rqucst by SGacOaSt
Utility Authority (SUA) to modi@ the approved site plan to relocate a driveway.
It is my undcrslanding that a decision has been made with regard to the request in
proccss, that since the enacting action taken by the city approving the site plan was
approved by Ordinance, then any modification to the site plan must also be approved by
Ordinance.
We bclicvc that it w&$ the intent of tho City Council that the site plan, and in this case
amendments to the site plan, should be proceraed under tho Site Plan Review process.
Ordinance 29, I900 wa the ordinance which assigned B City zoning classification to the
SUA property after it had been annexed into the city (see attached). The site is currently
zoned P/7 - Public and Institutional (the current zoning dcsignatian was previously known
as GU-Government Usc). The site has also been given a Canditional Use overlay on the
current zoning mapa For reasans unknown to us, rather than accepting and approving the
existing site and the rdated site plan under a Resolutinn, which would have heen the
ncrmal coufsc of action, the site plan approval was incorporated into the "zoning
classification" Ordinance.
There are several factors which lead us to the conclusion that it was the intent of the City
at tho time of thc annexation that the site plan was approved as part of a Site Plan Review
procesrr under straight zoning. First, the original County site plan and Special Exception
approval were granted by Resolution. Second, while Ordinance 29, I990 rezoned the site
tiom Agricultural Residential with a Special Exception to GU-Government Use (now
known as P/I-Public and Institutional) it aha includes a
reference in Section 2 that the plans are being "approved in
compliance with the Site Plan Review Proccss". The Site Plan
Review process at the time of the approval did not require
approval by Ordinance, public hearings or notices to be sent.
-
477 S. Rosemary Avenue
Sui@ as fhe LO- at Ciw piace
Weat Palm Baaah, Florldr 33401
1~1.366.1 loa 561.966.11 i I fe~ cccss
FILE No.346 08/18 ’03 14:09 1D:URBAN DESIGN STUDIO FAX:561 366 1100 PAGE 3/ 6
Ms. Chrisrine Tatum
Page 2
AUWM 15,2005
Finally, it is apparent to us when a site plan is tipproved under straight zoning and the
intent was for rhe (lite plan to be approved in compliance with the Site Plan Review
Process, that in hindsight the site plan should have been approved by Resolution,
We arc not proposing modifications to the “Conditional Use” of the site, but are simply
asking for a modification to the approved site plan. In order to clatit) this issue for any
future site plan modifications, we arc requesting that a condition be included in the
proposed Ordinance which will outline the approval process for any future major site plan
amendments.
A condition similar to the following would clarify the process that any fUm major situ
plan modifications will need to follow:
The approval process for the building elevations, architectural details and
landscaping for all future buildings (including any mqjor amendments to
the building elevations, surrounding landscaping, or architectural details
thr previously-approved buildings) will require review by the Site Plan
Review Process; this approval process will not require a public hearing.
Thank you for your consideration in this matter, please let me know if ynu have any
questions, or need further clarifications.
w: Rim Bishop
Bruce Gregg
Tala1 Benothman
Natalie Wong
attachment: Ordinance 2% 1990
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FILE No.344 08/18 ’03 14:04 1D:URBAN DESIGN STUDIO FAX:561 366 1100
J cr ieaber 14, 1990
ORDZNANCE 29, 1990
AN amnwcE OF THE CITY OF PALM BMCH
GARWWB, FLORIDA, llKBOWING A 40 ACW
ROAD, PALM 8EACW GARPSZlSI FLORIDA; AND
PhRClL O? UND LOCATED AT 4200 HMD
NORE PARTICUURGY DESCRIBED IN EXHSBIT
“A’ ATTACHED, FROM THE PALM BEACH COUNTY DESLGNATION OI AGRICULTURAL RESIDENTIAL WEm A SPECIAL EXCEPTION TO A GU-COVERN- MENT DIGTRIM EPMZNQ CLAG6IFICATU)N;
PLAN -0 MUTED PLANS ATTACHED HEPETO
AS A COIOBITE EXHIBIT ”Bgr PROVIDING FOR THE =PIC&& OF Ub ORDINANCES OR PART6 OF
OUDINANCES IN CONFLICT HBRCWITHl AND, DROVIDLWG FOR AN EFFRCTIVE DATI HBRBOP.
AND, mu&wr.ouaLv APPROVZNC TIW ~IPE
at tt ORDAINED ay vag CITY COUWCIL OF THE CITY OF PW
amcn GARDENS, FLORIMI - 6ection A. The soning clasfiification by Palm Beach
County as same pertiinn to (I parcel of land locatad at 4200 Hood
Road, Palm Beach Gardener Florida, oonsietinq of approximately
40 il~re~ and mora particularly described In Enhibit ’A” attached
hereto, in hcreby retoned from Its prnrent aoning designation
of kgriculturrl Rerldential with a Special Excrptlon to CU-
Government Diefrict under the Pak Beach Garden6 Code.
section 2. Thr following dcecribed Site Plrn and related
Plme attached an Comporite hhlblt “BM are hereby approved in
compliance with the site Plrn Raview Ptoceeer
detailed 6ilt.e Plan, pr0pRrOd by Janra n, Hontgorcry Engineerr,
Inc., each onc 41) ahrot, Boundary survey by Uorgan I sklund
Profe~aional Burvey Conmaltant, dated March 7, 1981, all recaived
by the City on leptelnber 21, 19901 drrwinq af Elevation of
Watertank Btorage and Water Recovery Baiin, no deslgnately prepattar,
two (1) sheets received by City on September 25, 1990.
overall Site Plan,
- Sbctian 2. All Ordinances or partr of Ordinances in
confliot herewith ece heseby repealed.
Section 4. ’Phi6 Ordihanca shull be effective upon date
of passage.
PWICKD ON FIRST READING THIS 15th DAY OP NOVEHBER, 1990-
PLACED ON SEMRD WING TRZS 6th DAY OF December , 1990.
PASCIED AND ADOPTED TAIE THP: 6th DAY OP 1990 *
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ME 2/ 4
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FILE No.344 08/18 '03 14:05 1D:URBAN DESIGN STUDIO FAX2561 36 1100 PAGE 31 4
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U Y
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ATTEST;
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SUA Water Tower Tank
Palm Beach Gardens, FL
Not To Scale
August 13,2004
!
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ClTYOF PBG
ah SUA Water Tower Tank
Palm Beach Gardens, FL
Not To Scale
August 13,2004
urban
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SEACOAST UTILITY AUTHORITY
e Hood Road Utility Complex
Ove ra I I AI terna t ive Landscape I m provemen t PI an
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SEACOAST UTILITY AUTHORITY
Hood Road Utility Complex
Alternative Landscape Improvement Plan
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SEACOAST UTILITY
Hood Road Utility Complex {iim I
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: October 5,2004
Meeting Date: October 21,2004
Ordinance 36,2004
~~ SubjecVAgenda Item:
Ordinance 36,2004/Petition AX-04-01- Proposed Annexation for a 61.9 Acre Parcel off of
Northlake Boulevard
Public Hearing & Second Reading: A request by Dodi Glas of Urban Design Studio, on behalf
Spear Northlake, L.L.C., to petition the City to annex an undeveloped 61.9 acre parcel that is
currently located in unincorporated Palm Beach County. The subject parcel is located on the
north side of Northlake Boulevard, approximately 0.5 miles west of the intersection of Northlake
Boulevard and Coconut Boulevard.
[XI Recommendation to APPROVE
[ ] Recommendation to DENY
Reviewed by:
Planning and Zoning
Division Director r
Tala1 Benothman, A CP
It3
f
City Attorney
Christine Ta
Development
Compliance-N/A
Bahareh Keshavarz-Wolfs,
AICP
H
I Approved By:
Originating Dept.:
Growth Management:
Manager
Autumn Sorrow
Planner
[ ] Quasi - Judicial
[ 3 Legislative
[ X ] Public Hearing
Advertised:
Date: 10/06/2004
Paper: The Palm Beach
Post
wquired
[ ] Not Required
Affected parties:
[ X 3 Notified
[ ] Not Required
FINANCE:
Costs: $NIA
Total
$NlA
Current FY
Funding Source:
[ 3 Operating
[XI Other NA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ ] Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ 3 Rec. Denial
[ ] Continued to:
Attachments:
Ordinance 36,
2004
PBFWACI
Florida Statutes
for Voluntary
annexation
0 Site map
Annexation Area
Map
P '
Annexation Area
6 1.9 acre parcel
Date Prepared: October 5,2004
Meeting Date: October 2 1, 2004
Ordinance 36,2004
Land Use (Palm Beach County)
RR 20 (Rural Residential 20) AR (Agricultural Residential
Zoning (Palm Beach County)
District)
EXECUTIVE SUMMARY
DIRECTION
NORTH
SOUTH
EAST
WEST
An applicant initiated request to annex an undeveloped 61.9 acre parcel that is currently located
in unincorporated Palm Beach County on the north side of Northlake Boulevard, approximately
0.5 miles west of the intersection of Northlake Boulevard and Coconut Boulevard. On August
19, 2004, the City Council held a public hearing to review the subject petition and after
considerable discussion the applicant requested a continuation of the public hearing. The City
Council granted the continuation request. On September 30, 2004, the City Council continued
the public hearing of the subject petition and voted 3-1 to pass Ordinance 36, 2004 unto the
Second Reading. Staff recommends approval of Ordinance 36,2004.
LAND USE ZONING
Rural Residential 20 (RR20) - Vavrus Tract PDA (Planned Development
(Palm Beach Gardens)
Northlake Boulevard and Rural Residential 2.5
(RR2.5) (Palm Beach County) Residential District (Palm
Rural Residential 10 (RR10) - Vavrus Tract PDA (Planned Development
(Palm Beach Gardens)
Rural Residential 20 (RR20) - Palm Beach
County Residential District (Palm
Area) (Palm Beach Gardens)
AR (Agricultural)
Beach County)
Area) (Palm Beach Gardens)
AR(Agricultura1)
Beach County)
BACKGROUND
The applicant is requesting annexation of a 61.9 acre vacant parcel that is currently located in
unincorporated Palm Beach County. The subject parcel is located on the north side of Northlake
Boulevard, approximately 0.5 miles west of the intersection of Northlake Boulevard and Coconut
Boulevard. The subject site is bounded on the north and east by property owned by Vavrus
Development, to the west by two vacant parcels and to the south by Northlake Boulevard.
Concurrently with this voluntary annexation request, the applicant is seeking a future land-use
map amendment to redesignate the site from the Palm Beach County future land-use designation
of Rural Residential 20 (RR20) to the Palm Beach Gardens future land-use designation of
Residential Very Low (RVL), which allows up to one dwelling unit per acre.
LAND USE & ZONING
SURROUNDING FUTURE LAND USES & ZONING DISTRICTS
I Table 2: Surrounding Existing 8z Future Land Uses & Zoning Districts
Date Prepared: October 5,2004
Meeting Date: October 2 1) 2004
Ordinance 36,2004
FLORIDA STATUTES
Section 171.044, Florida Statutes, outlines the general criteria that an area being considered for
voluntary annexation must satisfy before a municipal government can proceed with an
annexation request that is applicant initiated.
(1) The owner or owners of real property in an unincorporated area of a county which is
contiguous to a municipality and reasonably compact may petition the governing body of said
municipality that said property be annexed to the municipality.
(2) Upon determination by the governing body of the municipality that the petition bears the
signatures of all owners of property in the area proposed to be annexed, the governing body may,
at any regular meeting, adopt a nonemergency ordinance to annex said property and redefine
the boundary lines of the municipality to include said property. Said ordinance shall be passed
after notice of the annexation has been published at least once each week for 2 consecutive
weeks in some newspaper in such city or town or, if no newspaper is published in said city or
town, then in a newspaper published in the same county; and if no newspaper is published in said
county, then at least three printed copies of said notice shall be posted for 4 consecutive weeks at
some conspicuous place in said city or town. The notice shall give the ordinance number and a
brief, general description of the area proposed to be annexed. The description shall include a map
clearly showing the area and a statement that the complete legal description by metes and bounds
and the ordinance can be obtained from the office of the city clerk.
CONSISTENCY WITH THE COMPREHENSIVE PLAN
The proposed annexation area is included in the City’s Potential Future Annexation Area (map
attached) as outlined in the City’s Comprehensive Plan.
STAFF RESPONSE
The owners of the subject parcel have petitioned the City for the annexation of said parcel into
the municipal boundaries of the City. The proposed annexation area is compact and lies solely in
unincorporated Palm Beach County. To the north and east of the subject site is the Vavrus Tract,
which is located in the municipal boundaries of the City. The subject site is contiguous to the
existing municipal boundaries.
In summary, the proposed annexation meets the requirements of Chapter 171 concerning
the character of the area to be annexed.
4
Date Prepared: October 5,2004
Meeting Date: October 2 1,2004
Ordinance 36,2004
PLANNING, ZONING AND APPEALS BOARD
On June 8, 2004, the Planning, Zoning and Appeals Board held a public hearing to review the
subject petition and voted 6-0 to recommend approval of the subject petition to the City Council.
CITY COUNCIL
On August 19, 2004, the City Council held a public hearing to review the subject petition and
after considerable discussion the applicant requested a continuation of the public hearing. The
City Council granted the continuation request.
On September 30,2004, the City Council continued the public hearing of the subject petition and
voted 3-1 to pass Ordinance 36,2004 unto the Second Reading.
STAFF RECOMMENDATION
Staff recommends approval of petition Ax-04-0 l/Ordinance 36,2004.
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ORDINANCE 36,2004
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF PALM
BEACH GARDENS, FLORIDA ANNEXING, PURSUANT TO A
PETITION FOR VOLUNTARY ANNEXATION, A PARCEL OF REAL
PROPERTY COMPRISING A TOTAL OF 61.9 ACRES, MORE OR
LESS, LOCATED ON THE NORTH SIDE OF NORTHLAKE
THE INTERSECTION OF NORTHLAKE BOULEVARD AND
COCONUT BOULEVARD, IN PALM BEACH COUNTY, FLORIDA,
WHICH IS MORE PARTICULARLY DESCRIBED HEREIN;
DECLARING THAT THE VOLUNTARY ANNEXATION PETITION
BEARS THE SIGNATURE OF THE OWNER OF THE REAL
PROPERTY ANNEXED HEREBY; AMENDING ARTICLE II OF THE
CITY CHARTER BY REDEFINING THE CORPORATE LIMITS; AND
PROVIDING AN EFFECTIVE DATE.
BOULEVARD APPROXIMATELY ONE-HALF (0.5) MILES WEST OF
WHEREAS, the City of Palm Beach Gardens has received an application (AX-
04-01) from Dodi Glas, on behalf of Josephine Basile, for annexation of an undeveloped
61.9-acre parcel that is currently located in Palm Beach County into the City of Palm
Beach Gardens; and
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25 WHEREAS,
26 compact; and
28 WHEREAS,
29 enclave; and
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the area to be annexed is contiguous to the City and is reasonably
the annexation of the area will not result in the creation of any
the area to be annexed meets the requirements of Section 171.044,
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Florida Statutes, concerning the character of the area to be annexed; and
WHEREAS, the annexation area is included in the City’s Potential Future
Annexation Area of the City’s Comprehensive Plan; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, this annexation petition (AX-04-01 ) was reviewed by the Planning,
Zoning, and Appeals Board at a public hearing on June 8, 2004, which recommended
approval by a vote of 6-0; and
WHEREAS, the City Council determines that adoption of this Ordinance is in the
best interests of the citizens and residents of the City of Palm Beach Gardens.
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Date Prepared: July 22,2004
Ordinance 36,2004
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 finds that the
written petition for voluntary annexation filed with the City bears the signatures of the
owners of the real property hereby annexed into the City.
SECTION 3. The City Council hereby annexes into the City of Palm Beach
Gardens an area of contiguous, compact, unincorporated territory located on the north
side of Northlake Boulevard, approximately one-half (0.5) miles west of the intersection
of Northlake Boulevard and Coconut Boulevard, for the following described real
property :
LEGAL DESCRIPTION:
A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FROM THE SOUTHERLY 1/4 CORNER OF SAID SECTION 16 TRAVEL N00°27'07"E,
ALONG THE SOUTHERLY 1/4 LINE OF SAID SECTION 16, A DISTANCE OF 687.82
OF THE 100 FOOT WIDE LAKE PARK WEST ROAD; THEN TRAVEL S89°38'16"E,
ROAD, A DISTANCE OF 1,333.18 FEET TO THE POINT OF BEGINNING; THENCE
THE 100 FOOT WIDE LAKE PARK WEST ROAD, A DISTANCE OF 430.75 FEET TO
A POINT; THENCE TRAVEL N00°46'39"E A DISTANCE OF 2,018.50 FEET TO A
POINT IN THE EASTERLY 1/4 LINE OF SAID SECTION 16; THENCE TRAVEL
N88°34'03"W ALONG THE SAID EASTERLY 1/4 LINE OF SAID SECTION 16 A
DISTANCE OF 430.76 FEET TO A POINT; THENCE TRAVEL SOO046'39"W, A
DISTANCE OF 2,026.54 FEET TO THE POINT OF BEGINNING.
FEET TO A POINT, SAID POINT LYING ON THE NORTHERLY RIGHT-OF-WAY LINE
ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF LAKE PARK WEST
CONTINUE S89°38'16"E ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF
TOGETHER WITH THE FOLLOWING:
A PARCEL OF LAND LYING IN SECTION 16, TOWNSHIP 42 SOUTH, RANGE 41
EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
FROM THE SOUTHERLY QUARTER SECTION CORNER OF SAID SECTION 16
TRAVEL N00°27'07"E, ALONG THE SOUTHERLY QUARTER SECTION LINE OF
SAID SECTION 16, A DISTANCE OF 687.82 FEET TO A POINT, SAID POINT LYING
ON THE NORTHERLY RIGHT-OF-WAY LINE OF LAKE PARK WEST ROAD; THENCE
TRAVEL S89'38'16"E, ALONG THE SAID NORTHERLY RIGHT-OF-WAY LINE OF
LAKE PARK WEST ROAD, A DISTANCE OF 1,763.93 FEET TO THE POINT OF
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Date Prepared: July 22,2004
Ordinance 36,2004
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BEGINNING; THENCE TRAVEL N00°46'39"E, A DISTANCE OF 2,018.50 FEET TO A
POINT IN THE EASTERLY QUARTER SECTION LINE OF SAID SECTION 16;
THENCE TRAVEL S88°34'03"E, ALONG SAID EASTERLY QUARTER SECTION LINE
OF SECTION 16; A DISTANCE OF 914.13 FEET TO THE EAST ONE QUARTER
SECTION CORNER OF SAID SECTION 16; THENCE TRAVEL S0lo06'33''W ALONG
THE EAST LINE OF SAID SECTION 16, A DISTANCE OF 2,001.54 FEET TO AN
WIDE LAKE PARK WEST ROAD; THENCE N89°38'16"W, ALONG THE SAID NORTH
TO THE POINT OF BEGINNING.
INTERSECTION WITH THE SAID NORTH RIGHT-OF-WAY LINE OF THE 100 FOOT
RIGHT-OF-WAY LINE OF LAKE PARK WEST ROAD, A DISTANCE OF 902.50 FEET
SAID LANDS SITUATE IN PALM BEACH COUNTY, FLORIDA CONTAINING
2,696,386 SQUARE FEET OR 61.901 ACRES, MORE OR LESS.
SECTION 4. The boundaries of the City of Palm Beach Gardens, Florida are
hereby redefined and shall include the above-described real property, and the property
is hereby declared to be within the City's corporate limits.
SECTION 5. Section 2-1 of the City Charter, entitled "Boundaries", is hereby
amended to reflect the property annexed into the City by this Ordinance.
SECTION 6. The City Clerk is hereby directed to file a copy of this Ordinance
with the Clerk of the Circuit Court, Palm Beach County, the Chief Administrative Officer
of Palm Beach County, and the Department of State within seven (7) days of the
adoption of the Ordinance.
SECTION 7. Codification of Section 3 of this Ordinance is hereby authorized and
directed.
SECTION 8. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: July 22, 2004
Ordinance 36,2004
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PASSED this 3ow day of &v W , 2004, upon first reading.
PASSED AND ADOPTED this day of ,2004, upon second
and final reading.
CITY OF PALM BEACH GARDENS FOR AGAINST ABSENT
BY:
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
Giattorney-share\ORDINANCESbnnexation ORD 36,2004.doc
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171.044 Voluntary annexation.--
(1) The owner or owners of real property in an unincorporated area of a county which is
contiguous to a municipality and reasonably compact may petition the governing body of
said municipality that said property be annexed to the municipality.
(2) Upon determination by the governing body of the municipality that the petition bears
the signatures of all owners of property in the area proposed to be annexed, the governing
body may, at any regular meeting, adopt a nonemergency ordinance to annex said
property and redefine the boundary lines of the municipality to include said property.
Said ordinance shall be passed after notice of the annexation has been published at least
once each week for 2 consecutive weeks in some newspaper in such city or town or, if no
newspaper is published in said city or town, then in a newspaper published in the same
county; and if no newspaper is published in said county, then at least three printed copies
of said notice shall be posted for 4 consecutive weeks at some conspicuous place in said
city or town. The notice shall give the ordinance number and a brief, general description
of the area proposed to be annexed. The description shall include a map clearly showing
the area and a statement that the complete legal description by metes and bounds and the
ordinance can be obtained from the office of the city clerk.
(3) An ordinance adopted under this section shall be filed with the clerk of the circuit
court and the chief administrative officer of the county in which the municipality is
located and with the Department of State within 7 days after the adoption of such
ordinance. The ordinance must include a map which clearly shows the annexed area and
a complete legal description of that area by metes and bounds.
(4) The method of annexation provided by this section shall be supplemental to any other
procedure provided by general or special law, except that this section shall not apply to
municipalities in counties with charters which provide for an exclusive method of
municipal annexation.
(5) Land shall not be annexed through voluntary annexation when such annexation
results in the creation of enclaves.
(6) Upon publishing or posting the ordinance notice required under subsection (2), the
governing body of the municipality must provide a copy of the notice, via certified mail,
to the board of the county commissioners of the county wherein the municipality is
located. The notice provision provided in this subsection shall not be the basis of any
cause of action challenging the annexation.
Histov.--s. 1, ch. 74-190; SS. 4,5, ch. 75-297; S. 3, ch. 76-176; S. 2, ch. 86-1 13; S. 1, ch. 90-171; S. 16, ch.
90-279; S. 16, ch. 98-176.
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 1,2004
Meeting Date: October 21,2004
Resolution 197,2004
Subject/Agenda Item:
Resolution 197,2004:
PGA Commons Parcel 3 - Art in Public Places
Consideration of approval: A request by Joel Channing, developer of the PGA Commons Planned
Unit Development Parcels 2 & 3, for approval of the proposed Art in Public Places for Parcel 2 & 3.
The projects were approved through the adoption of Ordinance 8, 1999 (8.997-acre Parcel 2) and
Ordinance 9,1999 (12.266-acre Parcel 3) on February 11,1999. The subject sites are located on the
south side of PGA Boulevard, east and west of Hickory Drive.
[XI Recommendation to APPROVE with conditions
1 Recommendation to DENY
Reviewed by:
City Attorney
AICP
Approved By:
Ronald M. Ferris
Originating Dept.:
Growth Management:
Project
Manager
Kara Irwin
Senior Planner
Action:
[XI Quasi-judicial
[ 3 Legislative
[ ] Public Hearing
Advertised:
Date:
Paper:
[ 3 Required
[XI Not Required
Affected Parties:
[ ]Notified
[XI Not Required
-
F1NANCE:NIA
Costs: $ N/A
Total
$ N/A
Current FY
Funding Source:
[ ] Operating
[XI Other-
Budget Acct.#:
N/A
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ 3 Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ ] Continued to:-
Attachments:
Art Budget Breakdown
Artist Resume
Proposed Art
Site Plan
Resolution 197,2004
Date Prepared: September 1,2004
Meeting Date: October 21,2004
Resolution 197,2004
Page 2 of 3
EXECUTIVE SUMMARY
The attached staff report details a request by Joel Channing, Trustee of the PGA Commons Land
Trust., to request approval for the Art in Public Places requirement for The Commons Planned Unit
Development Parcels 2 & 3.
The applicant is proposing two new pieces in order to comply with the Art in Public Places. The
applicant has provided the City with escrow for the 1 % Art in Public Places Requirement. The value
of the proposed art will be credited toward the applicant in order to satisfy the requirement on-site.
Staff recommends approval of Resolution 197,2004, which approves the Art in Public Places for
the PGA Commons Planned Unit Development (PUD) Phase 2 & Phase 3.
BACKGROUND
On February 1 1,1999, City Council approved the construction of 21 town homes, 22,609 square feet
of general office, 5,420 square feet of medical office, 32,861 square feet of general retail, 8,200
square feet of indoor restaurant, and 3,360 square feet of outdoor restaurant use with 32 apartments
located above the commercial uses through the adoption of Ordinance 9,1999. The site is located on
the south side of PGA Boulevard, east of its intersection with Hickory Drive.
Per Section 78-262 of the Land Development Regulations, “Fee imposed on development,” all
budgets for new construction of private and public developments shall include 1% of the total
budgets as a fee for art in public places. The subject fee shall be used by the developer for the
provision of artwork on the project site, or the developer may choose to contribute 1% of the total
building construction costs directly to the City for inclusion in the City’s art account.
The construction cost for eight (8) of the twelve (12) commercial buildings is estimated at
$5,152,000 for Phases 2 & 3. Under the provisions of the Art in Public Places Ordinance, the
petitioner is required to pay $51,520 (1% of the total budgets) for art for the project. The applicant
has indicated that the cost of the proposed sculpture would be $84,000 (please see attached).
On February 6,2003, the City Council adopted Resolution 25,2003, which approved the re-location
of the art in public places for Phase 1 onto two separate locations on phase 2 and phase 3. The cost
of the art does not include the three existing poles from phase 1 , which have already been credited to
the owner for Parcel 1.
Currently, the applicant is requesting approval for two separate art works. The first piece, “Radiant
Butterfly Grove”, will be located on parcel 3. The second piece, “Fishschool Column Grove”, will
be located on parcel 2.
ART IN PUBLIC PLACES
The petitioner is proposing aluminum columns with designed dielectric plate faces by artist, Mark
Fuller (please see attached resume). Both pieces will be arranged in triangular formations in order to
Date Prepared: September 1,2004
Meeting Date: October 21,2004
Resolution 197,2004
Page 3 of 3
provide a view from all angles. The sculptures will be located adjacent to PGA Boulevard, as
approved by the Art in Public Places Advisory Board (see attached). The pieces will be lit internally
for nighttime viewing.
ART IN PUBLIC PLACES ADVISORY BOARD
On August 25,2004, the Art in Public Places Advisory Board recommended approval with a vote of
7-0.
STAFF RECOMMENDATION
Staff recommends approval of Resolution 197,2004, which approves the PGA Commons Art in
Public Places for Phases 2 and 3.
Lh!
Tra n sm i tta I
To:
From:
Date:
Re:
Autumn Sorrow
Joel Channing
7/29/04
PGA Commons
VIA HAND DELIVERED
Submitted herewith are 9 copies of the proposal for more artwork in public
places at PGA Commons. The following is the cost break down.
1.
2.
Art work
Foundation, lighting and electrical
$35,000
$7,000
Total $42,000
Ends:
3BC:sb
WOF PBG
a juI. 2 g 2004 PLANNING 85 ZONING
DNlSlON
Transmittal
To:
From:
Date:
Re:
Autumn Sorrow
Joel Channing
8/23/04
PGA Commons
VIA HAND DELIVERED
Submitted herewith are 9 copies of another proposal for artwork in public places
at PGA Commons. This one is to be located in the middle of Parcel 2. It is
entitled “Fishschool Column Grove”. The previous submittal was entitled
“Radiant Butterfly Grove”. The cost break down for this submittal is:
1. Art work
2. Foundation, lighting and electrical
$35,000
$7,000
Total $42,000
Ends:
1BC:sb
CHANNING CORPORATION
5520 PGA BOULEVARD, SUITE 20
PALM BEACH GARDENS, FL 33418
(561) 630-8630. FAX (561) 630-8631
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Date Prepared: September 1,2004
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RESOLUTION 197,2004
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA APPROVING ART IN PUBLIC
PLACES FOR THE PGA COMMONS PARCEL 2 & PARCEL 3,
LOCATED ON THE SOUTH SIDE OF PGA BOULEVARD, EAST
AND WEST OF ITS INTERSECTION WITH HICKORY DRIVE, AS
MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR
CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Joel Channing submitted an application (MISC-04-28) seeking the
approval of the proposed art for the PGA Commons Parcel 2 & Parcel 3, located on the
south side of PGA Boulevard, east and west of its intersection with Hickory Drive; and
WHEREAS, on February 11 , 1999, the City Council approved the construction of
17 townhomes, 8 apartments, 6,600 square feet of general office, 7,150 square feet of
medical office, 12,654 square feet of general retail, 3,300 square feet of indoor
restaurant use, and 1,675 square feet of outdoor restaurant use through the adoption of
Ordinance 8, 1999; and
WHEREAS, on February 1 1 , 1999, the City Council approved the construction of
21 townhomes, 22,609 square feet of general office, 5,420 square feet of medical office,
32,861 square feet of general retail, 8,200 square feet of indoor restaurant, and 3,360
square feet of outdoor restaurant use with 32 apartments located above the commercial
uses through the adoption of Ordinance 9, 1999; and
WHEREAS, the Growth Management Department has reviewed said application
and has determined that it is sufficient; and
WHEREAS, on August 25, 2004, the Art in Public Places Advisory Board
reviewed the proposed art for the PGA Commons Parcel 2 and Parcel 3 and
recommended approval (5-0) 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 I. The foregoing recitals are hereby affirmed and ratified.
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Date Prepared: September 1,2004
Resolution 197, 2004
SECTION 2. The art in public places application for the following described
property is hereby approved:
LEGAL DESCRIPTION:
PARCEL 2
A PARCEL OF LAND SITUATE IN SECTION 11, TOWNSHIP 42 SOUTH, RANGE 42
EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THAT PART OF THE FOLLOWING DESCRIBED PORTION OF SAID SECTION 11
DESCRIED IN OFFICIAL RECORD BOOK 8741, PAGE 1495, PUBLIC RECORDS OF
PALM BEACH COUNTY, FLORIDA:
LYING WESTERLY OF THAT CERTAIN RIGHT-OF-WAY FOR HICKORY DRIVE AS
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, A DISTANCE
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE
SOUTH OO"39'17" WEST, CONTINUING ALONG SAID EAST LINE, A DISTANCE OF
1,065.29 FEET; THENCE NORTH 89'19'53" WEST, A DISTANCE OF 125.30 FEET
TO THE EAST LINE OF WOODLAND LAKES AS DESCRIBED IN OFFICIAL RECORD
BOOK 2608, PAGE 653 THROUGH 665, INCLUSIVE, PUBLIC RECORDS OF PALM
BEACH COUNTY; THENCE NORTH OO"39'17" EAST, ALONG SAID EAST LINE, A
DISTANCE OF 287.46 FEET; THENCE SOUTH 79'11'52" WEST, A DISTANCE OF
347.59 FEET; THENCE NORTH 00 45'28" EAST, A DISTANCE OF 534.40 FEET TO
OF 60.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD, AND
SAID SOUTH RIGHT-OF-WAY LINE OF P.G.A. BOULEVARD; THENCE SOUTH
89"14'32" EAST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 722.72 FEET
TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
CONTAINING IN ALL, 8.997 ACRES, MORE OR LESS.
PARCEL 3
A PARCEL OF LAND SITUATE IN SECTION(S) 11 AND 12, TOWNSHIP 42 SOUTH,
RANGE 42 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH
GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF THE NORTHWEST QUARTER (NW 1/4) OF SAID SECTION
12, LYING NORTHERLY OF THE SOUTH LINE OF THE "NOT INCLUDED" PARCEL
SHOWN ON PLAT NO. 1, P.G.A. NATIONAL GOLF CLUB ESTATES, AS RECORDED
IN PLAT BOOK 27, AT PAGE 207, PUBLIC RECORDS OF PALM BEACH COUNTY
AND LYING WESTERLY OF THAT PARCEL DESCRIBED IN OFFICIAL RECORD
2
Date Prepared: September 1,2004
Resolution 197, 2004
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BOOK 3615, AT PAGE 1717, PUBLIC RECORDS OF PALM BEACH COUNTY. LESS
AND EXCEPTING THEREFORE THE RIGHT-OF-WAY OF P.G.A. BOULEVARD.
THAT PART OF THE FOLLOWING DESCRIBED PORTION OF SAID SECTION 11
DESCRIBED IN OFFICIAL RECORD BOOK 8741, PAGE 1495, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA:
LYING EASTERLY OF THAT CERTAIN RIGHT-OF-WAY FOR HICKORY DRIVE AS
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, THENCE
SOUTH 00'39'17" WEST, ALONG THE EAST LINE OF SAID SECTION 11, A
BOULEVARD AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL; THENCE SOUTH 00'39'17" WEST, CONTINUING ALONG SAID EAST
LINE, A DISTANCE OF 1,065.29 FEET; THENCE NORTH 89'19'53" WEST, A
DISTANCE OF 125.30 FEET TO THE EAST LINE OF WOODLAND LAKES AS
DESCRIBED IN OFFICIAL RECORD BOOK 2608, PAGE 653 THROUGH 665,
INCLUSIVE, PUBLIC RECORDS OF PALM BEACH COUNTY; THENCE NORTH
00'39'17" EAST, ALONG SAID EAST LINE, A DISTANCE OF 287.46 FEET; THENCE
NORTH 39'34'32" WEST, A DISTANCE OF 399.50 FEE; THENCE SOUTH 79'11'52"
WEST, A DISTANCE OF 347.59 FEET; THENCE NORTH 00'45'28" EAST, A
OF 722.72 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED
PARCEL. LESS AND EXCEPTING THEREFROM THAT PARCEL DESCRIBED IN
OFFICIAL RECORD BOOK 3547, AT PAGE 1, PUBLIC RECORDS OF PALM BEACH
COUNTY.
DISTANCE OF 60.00 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF P.G.A.
DISTANCE OF 534.40 FEET TO SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE
CONTAINING IN ALL, 12.266 ACRES, MORE OR LESS.
SECTION 3. Said approval shall be consistent with the following plans on file
with the City's Growth Management Department:
1. Illustrative Use Layout: Site Plan, prepared by UDS, dated 01.12.04, 1 sheet.
2. Conceptual Elevations and details "Butterfly Column Grove", MT Fuller,
07.29.04 (date stamped), 3 pages.
3. Location Plan and Column Layout "Butterfly Column Grove" (Group I), MT
Fuller, 07.29.04, 1 page.
4. Conceptual Elevations and details "Fishschool Column Grove", MT Fuller,
08.18.04 (date stamped), 5 pages.
5. Location Plan and Column Layout (Group I), MT Fuller, 07.29.04, 3 pages.
3
Date Prepared: September 1,2004
Resolution 197, 2004
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SECTION 4. Said approval shall be subject to the following conditions which
shall be binding on the applicant, its successors, and assigns:
1. The applicant shall be responsible for maintenance of the approved art in
public places. (Art in Public Places Advisory Board)
2. The applicant shall provide an unobstructed view from the adjacent rights-of-
way of the art in public places at all times on the subject site. (Art in Public
Places Advisory Board)
SECTION 5. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant's agent@) at any workshop or public
hearing.
SECTION 6. This Resolution shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: September 1,2004
Resolution 197, 2004
PASSED AND ADOPTED this day of , 2004.
CITY OF PALM BEACH GARDENS, FLORIDA
BY:
Eric Jablin, Mayor
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
VOTE: -- AYE NAY ABSENT
--- MAYOR JABLIN
VICE MAYOR RUSSO ---
COUNCILMEMBER DELGADO ---
--- COUNCILMEMBER LEVY
d
GAattorney-share\RESOLUTlONS\pga commons art - reso 197 2004.doc
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CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Division Direct
City Attorne b\L
Date Prepared: September 13,2004
Meeting Date: October 21,2004
Ordinance 19,2004
Growth Management:
Project
Manager
Autumn Sorrow
SubjectlAgenda Item:
Ordinance 19, 2004: City Code Amendment to Section 78-48, entitled “Site Plan Review”
and Section 78-49, entitled “Amendments to Approved Development Orders”
First Reading: A City-initiated request to amend the Palm Beach Gardens Code of Ordinances,
Chapter 78 “Land Development Regulations”, Section 78-48, entitled “Site Plan Review”, and
Section 78-49, entitled “Amendments to Approved Development Orders”. The objective of this
amendment is to expedite the review process for minor and routine site plan reviews,
amendments to approved development orders, and minor variance requests which are to be
approved administratively.
Development
Compliance-N/A
Bahareh Keshavarz-Wolfs,
[ X ] Recommendation to APPROVE
[ ] Recommendation to DENY
[ ] Quasi - Judicial
[ XI Legislative
1 Reviewed by: 1 Originating Dept.:
I Christine Tatum I Planner
I I
I [ 3 Public Hearing I
Charles K. Wu, AICP
FINANCE:
Costs: $N/A
Total
$- N/A
Current FY
Funding Source:
[ ] Operating
[XI OtherNA
Budget Acct.#:
NA
City Council Action:
[ ]Approved
[ ] App. w/ conditions
[ 3 Denied
[ ] Rec. approval
[ ] Rec. app. w/ conds.
[ ] Rec. Denial
[ 3 Continued to:
Attachments:
Ordinance 19,2004
LDR Section 78-48
and Section 78-49.
Date Prepared: September 13, 2004
Meeting Date: October 21,2004
Ordinance 19,2004
BACKGROUND
On July 20, 2000, the City adopted Chapter 78 of the City Code - Land Development
Regulations, prepared by Duncan & Associates. This City Code amendment repealed the former
Chapter 78 in its entirety and adopted new Land Development Regulations (LDRs), which
included Section 78-48: “Site Plan Review”, and Section 78-49: “Amendments to Approved
Development Orders.”
DISCUSSION
The purpose and intent of the proposed amendments to the Land Development Regulations is to
expedite the approval process and eliminate minor and routine petition requests from the agendas
of the Planning, Zoning and Appeals Board and the City Council. Staff is proposing to be given
more latitude in granting administrative approvals for site plan reviews, amendments to approved
development orders and variance requests, which have been determined to be routine or minor in
nature.
In general, the existing language found in the City’s Land Development Regulations relating to
amendments to approved site plans and development orders is amended as follows:
Existing Language: The existing language found in the City’s Land Development
Regulations allows for the consideration of administrative changes to approved site plans
provided that the proposed amendments are not classified as an exempt, major or minor
site plan, or as a major amendment to an approved development.
Proposed Change: The proposed language allows for amendments that are classified as
either exempt or minor to be considered for administrative approval.
Existing Lanwage: The City’s Land Development Regulations provide criteria for
reviewing amendments to approved development orders, including site plans, master
plans, architectural elevations, conditions of approval, developer’s agreements, project
phasing, etc. The existing criteria establishes whether an amendment shall be processed
as a major or minor amendment.
Proposed Change: The criteria for considering amendments to approved development
orders has been amended to give staff more latitude in approving amendments
administratively and has provided criteria for the consideration of approving variances
administratively.
2
Date Prepared: September 13,2004
Meeting Date: October 2 1,2004
Ordinance 19,2004
CONSISTENCY WITH THE LAND DEVELOPMENT REGULATIONS
The proposed amendments are consistent with the Land Development Regulations, and the
proposed language will expedite the review process for minor and routine site plan reviews,
amendments to approved development orders, and minor variance requests which are to be
approved administratively.
SUMMARY OF THE PLANNING, ZONING, AND APPEALS BOARD
RECOMMENDATION
On August 24,2004, the Planning, Zoning, and Appeals Board reviewed the subject petition and
recommended approval to the City Council with a vote of 7-0 with the following modification:
1. The proposed language regarding Administrative Variances allowed for the
consideration of structural encroachments into a setback of no more than 5
percent of the setback, provided that the structural encroachment did not encroach
upon an easement. The board recommended a change from 5 percent to 10
percent of the setback. Staff has made the requested change as provided therein.
STAFF RECOMMENDATION
Staff recommends approval of Petition-04-03/0rdinance 19,2004.
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ORDINANCE 19,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO ADMINISTRATIVE
APPROVALS; AMENDING SECTION 78-48, CODE OF
ORDINANCES ENTITLED “SITE PLAN REVIEW”; AMENDING
SECTION 78-49, CODE OF ORDINANCES ENTITLED
“AMENDMENTS TO APPROVED DEVELOPMENT ORDERS”;
PROVIDING FOR CODIFICATION; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council adopted Chapter 78, Land Development
Regulations of the City Code of Ordinances, which includes Section 78-48, “Site plan
review,’’ and Section 78-49, “Amendments to approved development orders,” through
the adoption of Ordinance 17, 2000; and
WHEREAS, Section 78-48, “Site plan review,” provides, in part, that all
development order applications for a site plan review shall be subject to the
development review process as provided therein and as indicated in Table 1 of the Land
Development Regulations; and
WHEREAS, Section 78-49, “Amendments to approved development orders,”
provides, in part, criteria for amendments to approved development orders, including
site plans, master plans, architectural elevations, conditions of approval, developer‘s
agreements, project phasing, etc.; and
WHEREAS, the City Council has determined that it is necessary to amend
Sections 78-48 and 78-49 to allow staff more latitude in approving amendments to
approved site plans and to allow certain development orders to be approved
administratively; and
WHEREAS, this Land Development Regulations amendment petition (LDR-04-
03) was reviewed by the Land Development Regulations Commission at a public
hearing on August 24,2004, which recommended its approval by a vote of 7-0; and
WHEREAS, the City Council has determined that adoption of this Ordinance is in
the best interest of the citizens and residents of the City of Palm Beach Gardens.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA, that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
Date Prepared: July 20, 2004
Ordinance 19, 2004
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SECTION 2. Section 78-48, Code of Ordinances entitled “Site plan review” is
amended to read:
Sec. 78-48. Site plan review.
(a) Site plan review. The development order application for a site plan review shall
be subject to the development review process as provided herein and as indicated in
Table 1.
***
(9) Administrative site plan changes. Administrative changes to site plans may be
approved by the growth management director or designee as provided herein.
Administrative changes shall include those changes not classified as a i+exem& major
ewmir-w site plan, or as a major amendment to an approved development order,,
SECTION 3. Section 78-49, Code of Ordinances, entitled “Amendments to
approved development orders” is amended to read:
Sec. 78-49. Amendments to approved development orders.
(a) Amendments to approved development orders. Criteria for amendments to
approved development orders, including site plans, master plans, architectural
elevations, conditions of approval, developer‘s agreements, project phasing, etc., are
established by this section. For the purpose of this section, two types of amendments
are created:
(1) Major amendments; and
(2) Minor amendments.
(b) Major amendments. Development order applications for major amendments are
reviewed in the same manner as the original application. Major amendments to
approved development plans include the changes listed below.
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Date Prepared: July 20, 2004
Ordinance 19, 2004
(1) Increase of intensity. Any change in nonresidential intensity which, in
combination with prior minor amendments, cumulatively exceeds the limitations
or standards listed below.
i);
4. a. Relocation. Any proposed relocation of the approved number of gross
square footage which is equal to or greater than 5 percent of the approved
gross square feet of aq nonresidential structureg.
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d& Decrease in required parking. Unless otherwise provided in this chapter,
any proposed decrease- , of the existing number of
parking spaces which is the greater of 5 percent of the existing parking
spaces or 20 parking spaces. Decreases in required parking otherwise
requirinq action bv the planninq, zoninq and appeals board or the citv council
shall not be considered a maior amendment for the purpose of this section.
..
eLlncrease in the number of pwwpatstructures. Any proposed increase in the
number of principal or accessory structures that changes the overall intent of
the original approval.
@. Any proposed reduction of heavily utilized parking spaces as determined by
the qrowth manaqement director.
(2) Increase in density, Any &aqe increase in the approved number of residential .. mm
An , .I I
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Date Prepared: July 20, 2004
Ordinance 19, 2004
Increase in building height above the heiqht permitted in the applicable zoninq
district. \ ..
Utility facilities. Any addition or relocation of outdoor utility facilities, including,
but not limited to, the following: chillers, air-conditioning units, above-ground fuel
tanks including propane or natural gas, electrical equipment such as junction
boxes, and ground-mounted service boxes for public utilities such as telephones
and cable television, which are deemed to be substantial by the growth
management director. This shall not applv to sinqle-familv lots or duplex lots.
Boundary changes. Any proposed boundary change of the approved
development plan.
Traffic impact. Any increase in overall traffic impact, except as may be provided
in this chapter.
Character and appearance. Any amendment which would negativelv impact a#ef
the character or . .. the appearance of an approved development.
Amenities. Any amendment which would materially decrease the number or size
of amenities in all or a portion of any residential or nonresidential development.
Residential unit types. Any change in the approved mix of residential dwelling
unit types *.
that would require alterations of an approved plat.
Architectural style. Any change in the approved architectural style of residential
dwelling unit types or nonresidential structures which results in:
.. a. cf &
An architectural stvle that is out of character with the
approved or existina architecture (ea., change from Mediterranean stvle to
neo-classical).
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lwtidm&. New residential models that are substantiallv different from
approved mod el s.
Building materials. Any significant changes in exterior building materials that
result in a downgrade as determined bv the nrowth management director.
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Date Prepared: July 20, 2004
Ordinance 19.2004
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(12) Changes to phasing or conditions. Any changes to an approved development
phasing plan or any condition of development approval not otherwise addressed
by this section.
(1 3) Changes to developer's agreements. Any changes to an approved developer's
agreement.
(14) Other changes. Any change to an approved plan or any change to an approved
plan when considered cumulatively with prior minor amendments which, as
determined by the growth management director, deviates materially from the
approval granted by the planning, zoning and appeals board or city council.
(c) Minor amendments. Minor amendments are changes to approved development
orders that are not considered major amendments as previously defined. Minor
amendments may be approved by the growth management director in consultation with
other city staff and the development review committee.
For the purpose of this section, site improvements such as the following are not
considered a major amendment:
/I) Removal of parking spaces to preserve existinq trees: creation of required utility
easements;
(2) Relocation of parking due to loss of site area to accommodate wideninq of public
rights-of way; and
/3) The installation of landscapinq, screeninq, or bufferinq associated with citv-
approved improvements to a nonconforminq lot or structure.
/d) Administrative variances. The growth management director or designee may
issue administrative variances pursuant to the followinq conditions:
{I) Structural encroachments into setbacks of no more than 10 percent. The growth
management director may issue an administrative variance for structural
encroachments into a setback of no more than IO percent of the setback,
provided the structural encroachment does not encroach upon an easement.
/2) Conditions. The qrowth management director may impose such conditions in a
development order grantinq an administrative variance as are necessaw to
accomplish the qoals. obiectives. and policies of the Comprehensive Plan and
this section, including, but not limited to, limitations on size, bulk, location,
requirements for liqhting, and provision of adequate ingress and egress.
5
Date Prepared: July 20,2004
Ordinance 19, 2004
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/3) Standards for qranting administrative variances. When considering an
administrative variance, the growth management director must determine that a)
the variance is necessary because of practical difficultv peculiar to the land,
structure, or buildinq involved and which is not applicable to other lands,
structures, or buildings in the same zoning district; b) the variance is the
minimum variance necessary to alleviate the practical difficultv; and c) the
variance will be in harmonv with the qeneral intent and purpose of the zoninq
code, and will not be injurious to the area involved or otherwise detrimental to the
public welfare.
/4) Expiration of administrative variances. An administrative variance granted bv the
growth manaqement director shall automaticallv expire under the following
conditions:
a. The variance shall expire 12 months from the date of the written
determination of the growth management director granting the administrative
variance if a building permit has not been issued in accordance with the plans
and conditions upon which the administrative variance was granted; and
b. The administrative variance shall expire if a building permit issued in
accordance with the plans and conditions upon which the administrative
variance was granted exDires and is not renewed pursuant to the applicable
provisions regarding renewal of building permits.
/5) Appeal of growth management director's decision. A petitioner may appeal the
determination of the qrowth management director to the planninq. zoninq and
appeals board. Appeals from a final decision of the growth manaqement director
shall be made within 30 calendar davs of such decision.
SECTION 4. Codification of this Ordinance is hereby authorized and directed.
SECTION 5. This Ordinance shall become effective immediately upon adoption.
(The remainder of this page left intentionally blank)
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Date Prepared: July 20, 2004
Ordinance 19, 2004
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PASSED this day of , 2004, upon first reading.
PASSED AND ADOPTED this day of , 2004, upon second
and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
FOR AGAINST ABSENT
David Levy, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
\\Pbgsfile\Attorney\attorney-share\ORDINANCEShdmin approvals - ord 19 2004v3.doc
7
LAND DEVELOPMENT 9m-48 / 0 opment area, or overlay districts. The development order application for a standard rezoning
shall be subject to the devt$opment review process as provided in this chapter and as indicated
in Table 1.
(b) Planned community district overlay rezoning. The development order application for a
rezoning to a planned community district shall be subject to the development review process
as provided in this chapter and as indicated in Table 1. In addition, a development order
application for a planned community district overlay rezoning shall include a master
development plan as provided in division 1 of this article.
(c) Development of parcels within a planned community overray zoning district. Develop
ment of each parcel within an approved planned community overlay district with an approved
master development plan shall be subject to the site plan review procedure, as established in
division 1 of this article.
(d) Planned unit development overlay district rezoning. The development order application
for a rezoning to planned unit development overlay zoning district shall be subject to the
development review process as provided in this chapter and as indicated in Table 1.
(e) Planned development ma rezoning. The development order application for a rezoning to
a planned development area shall be subject to the development review process as provided in
this chapter and as indicated in Table 1. In addition, a development order application for a
planned development overlay rezoning shall include a master site development plan as
provided in division 1 of article III.
(0 Overlay district rezoning. The development order application for a rezoning to an overlay
district shall be subject to the development review process as provided in this chapter and as
indicated in Table 1.
(g) Application requirements. AU applications for development order approval for a rezon-
ing shall include the application requirements as described herein.
(ord. NO. 17-2000,6 24,7-20-00)
b. 78-48. Site plan review.
(a) Site pian review. The development order application for a site plan review shall be
subject to the development review process as provided herein and as indicated in Table 1.
(b) Application requirements. All applications for development order approval for a site
plan review, excluding parcels located within a planned community district, shall include the
application requirements as described herein.
(c) Categories of site plan review. The following categories of site plan review are estab
lished:
(1) Exempt;
(2) Major;
(3) Minor; and
supp. No. 10 CD78:39
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0 78-48 PALM BEACH GARDENS CODE
tive. (4) Admuustra
(d) Exempt site plans. The following development order applications are exempt ftam any
site plan review, unless such applications are considered a major, minor, or administrative site
plan review pursuant to thia section:
..
(1) Building pennita for single family;
(2) Repairs or renovations to residential or nonresidential structurea when the impmve-
ments shall be made to the interior of the structure or when the facade, roofline, or
denor dimensions of the structure shall not be changed; and
(3) Construction or installation of ground level improvements to any structure which
change the exterior dimension, such as concrete pads, or permanent flower or planter
boxes.
(e) Muhr site plans. The following development order applications are considered a major
(1) "he proposed development involves land and water area which exceeds three acres;
site plan review if the application exceeds one or more of the criteria listed below:
(2) The proposed dewdopent is a residential project of more than 12 dwelling units;
(3) "he proposed development involves more than 30,000 square feet of nonresidential
floor space; and
(4) Any application the growth management director designates as a major site plan
because the proposed development is part of a larger parel for which additional
development is anticipated that, when aggregated with the project in question, exceeds
the limita established herein.
(0 Minor site plans. The following development order applications are considered a minor
site plan:
(1) Applications which do not e~~ceed the criteria or threshold of a major site plan, or
(2) The development of parcels within an approved planned community district master
development plan that do not exceed the thresholds established herein for a mty'or site
plan review.
(g) Administmtiue sile plan chnges. Administrative changes to site plans may be approved
by the growth management director or designee as provided herein. Administrative changes
shall include those changes not classified as an exempt, major, or minor site plan, or as a major
amendment to an approved development order, including the following
(1) A change in traffic cirmlation or parking layout;
(2) A change in use or occupancy of a structure or premise which increases the amount of
required parking in excess of the amount currently approved for the use; or
(3) The application pmposes a change of paint color or color finish of the exterior of the
structure.
(Ord. NO. 17-2000, 3 26, 7-20-00)
Supp. No. 10 CD7840
LAND DEVELOPMENT 6 78-49 0 Sec. 7849. Amendments to approved development orders.
(a) Amendments to approved deuelopment orders. Criteria for amendments to approved
development orders, including site plans, master plans, architectural elevations, conditions of
approval, developer’s agreements, project phasing, etc., are established by this section. For the
purpose of this section, two types of amendments are created:
(1) Major amendments; and
(2) Minor amendments.
(b) Major amendments. Development order applications for major amendments are re-
viewed in the same manner as the original application. Major amendments to approved
development plans include the changes listed below.
(1) Increase of intensity. Any change in nonresidential intensity which, in combination
with prior minor amendments, cumulatively exceeds the limitations or standards
listed below.
ca
a. Increase in floor area. Any proposed increase which is equal to or greater than
five percent of the gross floor area of any nonresidential structure.
Relocation. Any proposed relocation of the approved number of gross square
footage which is equal to or greater than five percent of the approved gross square
feet of any nonresidential structure.
Increase in parking. Any proposed increase equal to or greater than five percent
of the existing parking, unless otherwise provided in this chapter.
Decrease in parking. Unless othedse pmvided in this chapter, any proposed
decrease, not requiring a variance, of the existing number of parking spaces
which is the greater of five percent of the existing parking spaces or 20 parking
spaces. For the purpose of this section, a site improvement as defined herein is
not considered a major amendment. Site improvement consists of such actions as
the following:
1. Removal of parking spaces to preserve existing trees; creation of required
utility easements;
Relocation of parking due to loss of site area to accommodate widening of
public rights-of way; and
The installation of landscaping, screening, or buffering associated with
city-approved improvements to a nonconforming lot or structure.
b.
c.
d.
2.
3.
e. Increase in principal structures. Any proposed increase in the number of
principal or accessory structures that changes the overall intent of the original
approval.
Any proposed reduction of heavily utilized parking spaces. f.
Supp. No. 10 CD78:41
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0 78-49 PALM BEACH GARDENS CODE
Increase in density. Any change in residentid density which, in combination with prior
minor amendments, cumulatively exceeds the limitations or standards listed below.
a. Number of unita. Any proposed increase in the number of residential units.
b. hcrease in principal structures. Any proposed increase in the number of
principal or accessory structures that changes the overall intent of the original
approval.
Increase in building height. Any proposed increase in building height or number of
Stories.
Utility facilities. Any addition or relocation of outdoor utiliiy facilities, including
chillers, air-conditioning units, above ground fuel tanks including propane or natural
gas, electrical equipment such as junction boxes, and ground mounted service boxes for
public utilities such as telephones and cable television, which are deemed to be
substantial by the growth management director.
Boundary changes. Any proposed boundary change of the approved development plan.
lkaftic impact. Any increase in overall traflic impact, except as may be provided in this
chapter.
Character and appearance. Any amendment which would alter the character or
significantly alter the appearance of an approved development.
Amenities. Any amendment which would materially decrease the number or size of
amenities in all or a portion of any residential or nonresidential development.
Residential unit types. Any change in the approved mix of residential dwelling unit
types which results in an increase or decrease of a specitic unit type of more than five
percent.
(10) Architectural style. Any change in the approved architectural style of residential
An inmaset or decrease of a specific design of more than five percent of dwelling
unit types; or
Avisible change to the overall approved design concept that is not consistent with
approved architectural plans (e.g., changes to windows, roofs, entry features,
materials, color, style, context, bulk, mass, or relation to other buildings).
dwelling unit types or nonresidential structures which results in:
a.
b.
(11) Building materials. Any significant changes in exterior building materials.
(12) Changes to phasing or conditions. Any changes to an approved development phasing
plan or any condition of development approval.
(13) Changes to developer's agreements. Any changes to an approved developer's agree-
ment.
Supp. No. 10 CD7842
LAND DEVELOPMENT 0 78-62
(14) Other changes. Any change to an apprwed plan or any change to an approved plan
when considered cumulatively with prior minor amendments which, as determined by
the growth management director, deviates materially from the approval granted by the
planning and zoning commission or city council.
(c) Minor amendments. Minor amendments are changes to approved development orders
that are not considered major amendments as previously defined. Minor amendments may be
approved by the growth management director in consultation with other city staff and the
development review committee. The growth management director may determine minor
amendments are to be considered as major amendments.
(Ord. NO. 17-2000,6 26,7-20-00)
Sec. 7850. Miscellaneous review.
(a) Nature of review. When a development order application is not consistent with any of the
development review processes provided herein, the growth management director shall
determine the specific nature of review.
tb) Signs. Sign plans may be submitted separately from site plan applications. If submitted
separatelx a sign plan shall be subject to review by the planning and zoning commission prior
to consideration by the city council.
(Ord. NO. 17-2000, 6 27, 7-20-00)
Sec. 78-81, Land development regulation text amendments.
(a) Applications. Applications for an amendment to the text of the city's land development
regulations shall be prepared in detailed narrative form, and shall include the idormation
listed below.
(1) Amendment requested. The specific text amendment that is requested, including
language to be added and language to be deleted.
Reason for request. The reasons for requesting the amendment.
Supporting information. Any material or supporting documentation in support of the
request for a text amendment.
(2)
(3)
(Od. NO. 17-2000,5 28,7-20-00)
See. 78-62. Conditional uses.
(a) Criteria. In addition to the application requirements listed above, a development order
application for conditional use approval shall demonstrate compliance with the criteria listed
below.
(1) Comprehensive plan. The proposed use is consistent with the comprehensive plan.
(2) Chapter requirements. The proposed use is consistent with all applicable require-
ments of this chapter.
Supp. No. 10 CD78:43
CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Date Prepared: September 16,2004
Meeting Date: October 21,2004
Ordinance 39,2004
Resolution 196,2004
SubjecVAgenda Item:
Ordinance 39,2004 & Resolution 196,2004:
Paloma Planned Unit Development (a.k.a. Parcel 31B (31.03 & 31.05))
First Reading: A request by Urban Design Studio, agent for M/I Homes of West Palm Beach, LLC,
for a property rezoning from Planned Development Area (PDA) to a Planned Unit Development
(PUD) Overlay with an underlying Residential Low zoning designation to allow for the development
of 199 single-family dwelling units and 196 multi-family townhomes on 156.46 acres of land. The
site is located at the southwest comer of Hood Road and Military Trail.
[XI Recommendation to APPROVE with six waivers and conditions
] Recommendation t
Reviewed by:
Division Director @ Planning and Zoning
Tala1 M. Benothman, AICP,
City Attorney M Christine Tatum
Finance NIA
Developme
Bahareh Keshavarz-Wolfs,
AICP
Administrat
Charles K. Wu, AICP
Approved By:
Ronald M. Ferris
DENY
Originating Dept.:
Project Manager
Kara Imin
Senior Planner
Action:
[ ] Quasi-judicial
[ ] Legislative
[XI Public Hearing
Advertised:
Date:
Paper:
[ ] Required
[XI Not Required
Affected Parties: + ]Notified
[XI Not Required
FINANCE: N/A
Costs: $ NIA
Total
$ NIA
Current FY
Funding Source:
[ ] Operating
[XI Other NIA
Budget Acct.#:
NIA
City Council Action:
[ ]Approved
[ ] App. wl conditions
[ ]Denied
[ 3 Rec. approval
[ ] Rec. app. wl conds.
[ ] Rec. Denial
[ ] Continued to:
Attachments:
Table 1
Table 2
0 Map1
0 Justification
0 Design Guidelines
0 Master Plan
0 Landscape Buffers
Landscape Typical
Gateway features
Single-Family
Elevations
0 Townhome Elevations
Ordinance 39,2004
Date Prepared: September 16,2004
Meeting Date: October 2 1,2004
Ordinance 39,2004
Resolution 196,2004
Page 2 of 14
BACKGROUND
The 156.46-acre subject site is comprised of two separate parcels (3 1.03 & 3 1 .OS). Parcel 3 1.03
(located at the northwest comer of Military Trail and Hood Road) consists of approximately 13 1
acres. Parcel 3 1.05 (located west of Sabal Ridge PUD) consists of approximately 25 acres.
The site is bounded by the approved Magnolia Bay Planned Unit Development (PUD) to the north,
the approved Sabal Ridge Planned Unit Development (PUD) to the south, vacant property (Parcel
3 1.04) to the west, and Military Trail to the east. The site consists of unimproved land with mainly
upland vegetation. The site is subject to the Forbearance Agreement entered into between the City
and major landowners who purchased land from the MacArthur Foundation during the divestiture.
The site has a land-use designation that allows up to 10 dwelling units per acre, yet the Forbearance
Agreement limits the parcel to 3 dwelling units per acre. The site is currently requesting to develop
at a gross density of 2.53 dwelling units per acre.
LAND USE AND ZONING
Parcel 3 1.03 (21 3 1 -acre) is currently zoned Planned Development Area (PDA), has a future land-use
designation of Residential High (RH), and is designated as Residential Medium (RM) on the Vision
Plan. Parcel 3 1.05 (225-acre) is currently zoned Planned Development Area (PDA), has a future
land-use designation of Residential Medium (RM), and is designated as Residential Medium (RM)
on the Vision Plan.
On December 18,2003, the City approved Ordinance 38,2003, which approved a small-scale land-
use amendment to change the current land-use designation of a 3.42-acre portion of Parcel 3 1.03
from Residential High (RH) to Mixed-Use (MXD). Concurrently, the owner of the adjacent Parcel
3 1.04 MXD site, Gardens 95 Limited Partnership, requested a small scale land-use amendment to
designate approximately 6.416 acres of land from Mixed-Use (MXD) to Residential High (RH) land-
use designation. Gardens 207, L.L.C., owners of Parcel 3 lB, transferred two separate parcels (A
portion of Parcel 3 1.03 & Parcel 3 1 .OS) totaling 6.414 acres to Gardens 95 Limited Partnership,
owners of Parcel 31.04, in exchange for the 6.416-acre parcel. The land transfer squared off the
rounded boundary between the two sites and allowed for the configuration of the proposed public
thoroughfares through Parcel 3 1 B.
The applicant wishes to rezone the site to a Residential Planned Unit Development (PUD) Overlay
with an underlying zoning of Residential Low (RL-3). The proposed development is consistent with
the future land-use designations, as identified in the City’s Comprehensive Plan.
Date Prepared: September 16,2004
Meeting Date: October 2 1,2004
Ordinance 39,2004
Resolution 196,2004
Page 3 of 14
CONCURRENCY
The application for Concurrency Certification for Parcel 3 1B (f.k.a. 3 1.03,3 1.04, and 3 1.05) was
submitted to the City on December 22, 2000. The Concurrency Certification application was
modified on December 20,2002 to exclude Parcel 3 1.04 from the application materials. The traffic
concurrency for Parcel 3 1B was approved by Palm Beach County on June 16,2003 for 150 multi-
family dwelling units and 32 1 single family dwelling units. The applicant has provided staff with an
equivalency statement to convert to 220 single-family homes and 249 townhouse units. The
equivalency was approved on August 29,2003 by the City’s Traffic Engineer. The build-out date for
the project is December 3 1,2007.
The applicant has reserved school concurrency, water and sewer capacity and waste management
service for the site. The project has received conditional drainage concurrency, which will be
verified once more detailed engineering plans have been provided to the City Engineer (see Drainage
section, page 7).
PROJECT DETAILS
The subject site totals approximately 156.46 acres. The proposed plan will create 199 single-family
units and 196 multi-family town home units on three separate parcels. Parcels A and B contain the
multi-family units with shared recreation facilities including a pool, spa, and a 1,265 square-foot
pool cabandcovered lanai. Parcel C contains the single-family units with a recreation facility
including a 2,45 1 square-foot cabandfitness center, pool, and spa.
Parcel A
Parcel A will contain 56 townhome units. The applicant is proposing three two-story multi-unit
schemes for Parcel A, with an alternate elevation (Elevations A & B) for each scheme. Each
building will contain four townhome units. The end units have the option of a front loaded or side-
loaded garage according to their placement on the site.
The three schemes offer slight variations in architectural details. There are three color schemes for
the townhouse buildings. Each townhome is a three-bedroom unit with at least 2,300 square feet of
living space. While the units are all attached, they have been placed on four separate 28’ X 115’
typical lots (minimum). The applicant has provided design guidelines for building typeplacement,
color, detail, and elevations within each parcel of development.
Date Prepared: September 16,2004
Meeting Date: October 21,2004
Ordinance 39,2004
Resolution 196,2004
Page 4 of 14
Parcel B
Parcel B will contain 140 townhome units. The applicant is proposing three two-story multi-unit
schemes for Parcel B, identical to those schemes within Parcel A. Each building will contain four
townhome units. The end units have the option of a front loaded garage or side-loaded garage
according to their placement on the site.
The three schemes offer slight variations in architectural details. Each townhome is a three bedroom
unit with at least 2,300 square feet of living space. While the units are all attached, they have been
placed on four separate 28’ X 115’ typical lots (minimum). The units will be placed around a 2.57-
acre central lake feature. The applicant has provided design guidelines for building type placement,
color, detail, and elevations within each parcel of development.
Parcel C
There will be six home model types available within Parcel C of the Paloma Planned Unit
Development (PUD): Scheme “2 142”, Scheme “2790”, Scheme “2641”, Scheme “301 7”, Scheme
“3325”’ and Scheme “3521”. Each scheme has two front elevation options and possible alternate
floor plan options for additional bedrooms, balconies, or game rooms. Twelve color schemes are
proposed for the parcel. The models are single-family zero-lot line units providing 2,827-4,38 1
square feet of total area on a typical 50’ X 120’ lot with three to four bedrooms, two and one-half to
four bathrooms, and a two-car garage. A majority of these homes will back up directly onto two of
the three central lakes on site or 35-foot landscape buffers; 13 of the 200 homes will back up to the
proposed upland preservation area. All models will maintain a ten foot separation with a six-foot
clear zone between buildings, but there will also be pool equipment and air conditioning equipment
within the building separations for this model. The applicant has provided design guidelines for
building type placement, color, detail, and elevations within each parcel of development.
Architecture
At the project workshop on April 13,2004, the Planning, Zoning and Appeals Board (fMa Planning
& Zoning Commission) recommended upgrades to the building architecture. The applicant has
revised the various elevations to include such architectural features as railings, windowsills, cornices,
stucco banding, moldings, wood plank doordgarage doors, French doors and balconies.
Site Access
Consistent with the City’s Comprehensive Plan and Conceptual Thoroughfare Plan (Map I of the
City’s Comprehensive Plan), the applicant will be providing an eighty-nine foot (89’) right-of-way
for the Conceptual Thoroughfare Plan Road #12, which extends from the entrance of The Isles
(Victoria Falls Boulevard) to Central Boulevard. In addition, an 80’ right-of-way for the northern
Date Prepared: September 16,2004
Meeting Date: October 21,2004
Ordinance 39,2004
Resolution 196,2004
Page 5 of 14
and southern segments of the Conceptual Thoroughfare Plan Road #14 extends from Hood Road to
the west side of the Sabal Ridge Planned Unit development (PUD). The segment of the north-south
road, south of the east-west roadway, will be built to the secondary entrance of Parcel C only. The
applicant will also dedicate the future right-of-way of the north-south roadway, extending south to
Elm Avenue. (The applicant is not required to develop the roadway, however.)
For the portion of the right-of-way adjacent to Parcel 3 1.04, a right-of-way dedication of 40’ will be
made for the central segment of Road #14, with the balance of the right-of-way being provided by
Parcel 31.04. Access to the development parcels will be from these new public roadways off of
Hood Road, Central Boulevard, and Military Trail.
The applicant is proposing a gated vehicle access to the residential parcels within the Planned Unit
Development (PUD). The project also has an elaborate pedestrian system throughout the sites to
provide connections between the recreational parcels. Per direction from the Planning, Zoning &
Appeals Board (fMa Planning & Zoning Commission) at the April 13,2004 workshop, the applicant
has added an additional ‘resident only’ access to Parcel C from the north-south roadway along the
western perimeter of the site in order to provide alternate choices for residents, as opposed to
requiring all traffic to enter/exit from one entrance. The additional entrance resulted in the loss of
one single-family dwelling unit.
In addition to the secondary entrance, the applicant re-designed the internal roadway system by
removing the dead-end cul-de-sac and providing an interconnected roadway system within the
project. The applicant also provided a landscape rotary and an enhanced intersection (located east of
the secondary entrance) to the project.
The applicant has provided emergency access to Parcel C from Military Trail. Per staffs
recommendation, the applicant has provided an additional emergency access point off of the North-
South roadway for Parcel B.
Signage
Five project identification gateway/ground signs are being proposed for this project; they will be
located on both sides of the roadway of the entrance to the site at Hood Road and Military Trail and
on the north side of the roadway of the entrance to the site at Central Boulevard. The applicant is
proposing five 14’ H X 1 10’ W corner gateway structures that include a 10’ H X 15’ W development
sign.
In addition, the applicant is proposing three arch wall details (comer signs) on three comers of the
intersection of the project east-west roadway and the north-south roadway. The structures are
approximately 9’ H X 33’ W with a project logo.
Date Prepared: September 16,2004
Meeting Date: October 21,2004
Ordinance 39,2004
Resolution 196,2004
Page 6 of 14
Finally, the applicant is proposing a large entrance sign with a fountain wall within the entry to each
parcel. The proposed feature will include project identification on both sides of the monument,
which requires a waiver.
Parcels B and C will feature gatehouses and Parcel A will have a call box.
Within the proposed east-west and north-south rights-of-way, the applicant is proposing extensive
landscaping and wall features. The applicant is proposing various decorative wall and bench features
and arch and fence features in order to create a distinctive new neighborhood within the City. The
applicant is proposing logos for the development on the proposed wall features.
Landscapina/BufferinK
The applicant shall be responsible for the landscaping, irrigation, and maintenance of the roadway
shoulders and medians on Central Boulevard, Hood Road, Military Trail and the proposed internal
roadways. The homeowner association documents shall provide language providing for the long-
term maintenance responsibility.
The subject site is adjacent to Central Boulevard and Hood Road Parkways. The Master Site Plan
indicates a minimum 1 00-foot upland preserve along the Central Boulevard right-of-way. Along
Hood Road, the applicant is proposing a 130-foot buffer, which includes a 100-foot upland preserve,
except for a portion of the buffer at the northwest section of Parcel B that will include an area with a
minimum 85’ landscape buffer.
In addition, the code requires a 55-foot buffer requirement along Military Trail. Within the proposed
55 foot buffer, the applicant is providing a 3 to 5 foot high meandering berm with live oaks, coconut
palms, crape myrtles, groundcovers and a 5-foot wide partially meandering sidewalk.
The applicant is proposing a minimum 30’ wide buffer for the internal roadway (thoroughfares)
buffers. In addition, 10’ wide open space buffers are also being proposed between the upland
preserve areas and the residential parcels, per the requirements of Fire-Rescue. Conceptual buffer
section plans for each roadway have been included in this application.
Lot Landscaping
Each single family and townhome lot will have a minimum of one canopy tree (or two palms) and
six shrubs per 1,000 square feet of open space on the lot. The project streetscape program includes
canopy trees within the street right-of-way in addition to trees within the front yard of the homes.
Lots will also feature flowering trees, a variety of palms, accent plants and shrubs and hedges. The
landscape plan for the lots and the common areas exceed the minimum landscape points.
Date Prepared: September 16,2004
Meeting Date: October 21,2004
Ordinance 39,2004
Resolution 196,2004
Page 7 of 14
Environmental Issues
The applicant is required to provide 26 acres (25%) of upland preserve on site. The applicant is
providing 26.4 acres on site, which provides a surplus of 0.4 acres.
Phasing
The proposed project will be built in one phase, according to the applicant.
Drainage
The surface water management system will be under the jurisdiction of the South Florida Water
Management District (SFWMD) and Northern Palm Beach County Improvement District’s
(NPBCID) Basin 3A of Unit of development No. 2 with site grading criteria determined. Three on-
site lakes will be created to provide surface storage and water quality enhancement and will connect
directly to the canal on the south side of the property.
Parking
The City Code requires one space per bedroom plus an additional 5% for guest parking for the multi-
family portion of the development. The multi-family development requires a minimum of 558
parking spaces; the applicant has provided 83 1 residential parking spaces, which include the guest
parking areas. The applicant is providing 14 of those parking spaces for the recreational amenity
area within Parcel B.
Waivers
Currently, the applicant is requesting the following waivers:
1. Waiver to Section 78-441 (c) Plat, to allow issuance of permits for dry models prior to
adoption of the Plat. The City’s Land Development Regulations required adoption of a
project plat prior to issuance of permits for development.
Waiver to Section 78-141 Minimum lot area, to allow a reduction in the minimum lot area to
3,220 square feet for the townhomes and 6,000 square feet for the single-family homes. The
City’s Land Development Regulations require a minimum lot area of 6,500 square feet.
Waiver to Section 78-141 Minimum lot width, to allow areduction in the minimum lot width
to 28 feet for the townhomes and 50 feet for the single-family homes. The City’s Land
Development Regulations require a minimum lot width of 65 square feet.
Waiver to Section 78-141 Minimum lot coverage, to allow an increase in the minimum lot
coverage to 50% for the townhomes and 45% for the single-family homes. The City’s Land
Development Regulations require minimum lot coverage of 3 5%.
Waiver to Section 78-141 Minimum side setback, to allow a reduction in the minimum side
2.
3.
4.
5.
Date Prepared: September 16,2004
Meeting Date: October 21,2004
Ordinance 39,2004
Resolution 196,2004
Page 8 of 14
setback to 7.5’/0’ feet for the townhomes and 5 feet for the single-family homes. The City’s
Land Development Regulations require a minimum side setback of 7.5’ or 10% of the lot
width, whichever is greater.
Waiver to Section 78-141 Minimum rear setback, to allow a reduction in the minimum rear
setback to 5 feet (screens / decks) for the townhomes and 5 feet (screenddecks) / 7 feet
(pool) setbacks for the single-family homes . The City’s Land Development Regulations
require a minimum rear setback of 10 feet.
Waiver to Section 78-285 Signs for Residential Development, to allow a double-faced sign
within the entry median to each residential parcel. The City’s Land Development
Regulations allow one sign face.
6.
7.
The waivers are provided as follows:
Planned Unit Development Waivers
Code Section Required Provided Waiver Recommendation
Plat prior to Waiver Complete support
1 support
permit requirement
Section 78-285 Signs for Maximum one 2 sign faces (for
Residential Development (1) sign face each parcel)
Section 78-441 (c) Plat
Parcel A & B Waivers - Townhomes
Code Section Required Provided Waiver Recommendation
Section 78-141 Minimum
Lot Area 6,500 sq. ft. 3,220 sq. ft. 3280 sq. ft. support I 65 feet I 28 feet I 37 feet 1 Support I Section 78-141 Minimum
Lot Width
35% 50% 15% support
10% or 7.5’ 7.5’ IO’ 7.5’ support
Section 78-141 Maximum
Lot Coverage
Section 78-141 Minimum
Side Setback
5’ support 5’ screens
/decks 107 Section 78-141 Minimum
Rear Setback
Date Prepared: September 16,2004
Meeting Date: October 21,2004
Ordinance 39,2004
Resolution 196,2004
Page 9 of 14
Code Section
Section 78-141 Minimum
1,nt Area
Parcel C Waivers Single-Familv Units
Required Provided Waiver Recommendation
6,500 sq. ft. 6,000 sq. ft. 500 sq. ft. support
65 feet
35%
Section 78-141 Minimum
Lot Width
Section 78-141 Maximum
Lot Coverage
50 feet 15 feet support
45% 10% support
Section 78-141 Minimum
Side Setback 5’ 2.5’ support or 7.5,
The applicant has requested seven waivers from the Land Development Regulations and the
justification statement for such waivers is attached for your review.
support 5’
3’
5’ screens
10’ /decks Section 78-141 Minimum
Rear Setback 7’ pool i
1) Plat Requirements: The applicant has requested a waiver from the plat requirement prior to
issuance of permit. The applicant is proposing to develop dry models (temporary sales
center, one townhome building, and three single family homes) on the site and has requested
to move forward with the project after development approval, but prior to adoption of the
plat. The applicant is aware that Certificates of Occupancy cannot be issued, and the units
can not be opened to the public, and no homes can be sold until approval of the Plat by City
Council and recordation.
Code Requirement: Section 78-441 requires adoption of a plat prior to issuance of any
building permit, including clearing permits.
Staff Recommendation: The applicant is proposing to provide for a bond for the cost of
demolition. Staff has provided conditions of approval relative to the construction of dry
models on the site. Therefore, staff recommends approval of the waiver request.
2) Residential Signage: The applicant has also requested a waiver from the maximum one (I)
sign face allowed for a residential development to allow two (2) sign faces on a double sided
sign at the entranceway.
Code Requirement: Section 78-285 permits residential development to have one sign face per
residential entryway or wall. The City Code does not allow for a double-faced sign, which
the applicant is proposing at the proposed entryway median.
Staff Recommendation: The proposed signage provides notice to roadway traffic of the
Date Prepared: September 16,2004
Meeting Date: October 21,2004
Ordinance 39,2004
Resolution 196,2004
Page 10 of 14
project’s entryway. Planning and Zoning staff supports the request, since the request is
consistent with exiting residential signage within the City and provides for project
identification for residents as well as emergency services.
3) Minimum Residential Development Standards: The applicant has requested six waivers
from the Land Development Regulations. Five of the six waiver requests are to the
Residential Zoning District Regulations. The requests are consistent with previously
approved project such as, Magnolia Bay, Catalina Lakes, PGA Commons townhomes, and
the Gables (ma Montecito).
Code Requirement: Section 78- 14 1 requires minimum development standards for residential
development relating to the lot area, lot width, lot coverage, side setbacks, and rear setbacks.
Staff Recommendation: The applicant is proposing model single-family homes and model
townhomes, which each requires waivers due to compact nature of the proposed
development. The applicant maintains that the waivers are necessary to provide spacious
tracts of lakes, native preserves, and open space. Staff supports the request since the
aforementioned aspects of the proposed site plan comprise 70% of the total area, excluding
road rights-of-way. Staff recommends approval of the waiver request.
Pedestrian Lin kanes
The site includes a cohesive pedestrian circulation system. Pedestrian connectivity is promoted
between the residential development parcels as well as within the separate parcels. The applicant has
provided interconnectivity between the parcels to provide access to the various open space parcels
and the common recreational amenities.
CEPTED Compliance
Crime Prevention Through Environmental Design (CPTED) is a branch of situational crime
prevention, which has its basic premise that the physical environment can be changed or managed to
produce behavioral effects that will reduce the incident and fear of crime.
The Police Department has reviewed the master site plan and has issued several comments pertaining
to security on site and adherence to the principles of Crime Prevention Through Environmental
Design (CPTED), which have been incorporated into the conditions of approval.
Date Prepared: September 16,2004
Meeting Date: October 2 1,2004
Ordinance 39,2004
Resolution 196,2004
Page 11 of 14
CONSISTENCY WITH THE CITY’S COMPREHENSIVE PLAN
Future Land Use Element
Objective 1.1.4.: Development orders and permits for development and redevelopment activities
shall be issued only in areas where public facilities necessary to meet level of service standards
(which are adopted as part of the Capital Improvements Element of this Comprehensive Plan) are
available concurrent with the impacts of development.
The proposed site is an in-fill parcel with existing public facilities established. The applicant is
proposing to develop a site east of the urban services boundary that has existing utilities and
services established for the existing development surrounding the site.
Transportation Element
Policy 1.1.1.9.: The City shall encourage linkages which connect or gather residents and business
owners of different neighborhoods and promote a sense of community. This shall be accomplished
through 1) implementation of the Conceptual Linkage Plan (Map I) and Parkway System, as
described further in the Conservation and Transportation Elements; 2) connection of neighborhoods,
shopping, schools and parks through an expanded sidewalWpathway system, discussed fbrther in the
Transportation Element; 3) promotion of gathering (people) places in new development projects; and
4) installation of entry features along major arterials, including signage, art and landscaping which
identify Palm Beach Gardens as a city and community.
Consistent with the City’s Comprehensive Plan and Conceptual Thoroughfare Plan, the
applicant will be providing an eighty-nine foot (89’) right-of-way for the Conceptual
Thoroughfare Plan Road #12, which extends from the entrance of The Isles (Victoria Falls
Boulevard) to Central Boulevard. In addition, an 80’ right-of-way for the northern and
southern segments of the Conceptual Thoroughfare Plan Road #14, which extends from Hood
Road to the west side of the Sabal Ridge Planned Unit development (PUD). The proposed
master site plan incorporates two roadways as depicted on the City’s Conceptual Linkage Plan
which successfully link this project with the adjacent existing development and the planned
development in the area.
Conservation Element
Objective 6.1.5.: The City shall continue to maintain land development regulations to ensure that all
ecological communities, wildlife, and marine life, especially endangered and rare species, are
Date Prepared: September 16,2004
Meeting Date: October 21,2004
Ordinance 39,2004
Resolution 196,2004
Page 12 of 14
identified, managed, and protected.
Policy 6.1.5.1.: The City's land development regulations will continue to ensure that:
a.
b.
c.
d.
e
All endangered and threatened plant, animal and marine populations are protected;
Habitat of critical value to regional populations of endangered and threatened species is
preserved;
Nuisance and invasive exotic vegetation @e. Brazilian Pepper and Melaleuca) is removed by
the developer at the time of development or redevelopment of a site;
Removal of native vegetation is minimized in the land development process; and, where it is
economically feasible, removed material is relocated on site; and
Environmental Assessments are provided for any land development/alteration proposal or
properties containing environmentally sensitive lands.
The planned unit development provides for a less intensive impact from permitted
development. The residential use is clustered in pods of development in order to provide
larger tracts of upland preservation and environmentally sensitive areas on-site. The larger
tracts are a more viable habitat for wildlife within the City boundaries. In addition, the
management plan provides for the removal of exotic species and the management of the
preserved upland habitat for the future enjoyment of the community residents.
OUTSTANDING ISSUES
Signane
The applicant is proposing entry walls with signage on both roadway shoulders at the intersection of
the proposed public east-west roadway with Military Trail and the intersection of the proposed public
north-south roadway with Hood Road, as well at the northeast comer of the intersection of the
proposed public east-west roadway with Central Boulevard. The five signs are proposed at the
intersections of public rights-of-way, which have not been permitted in adjacent residential
communities in the past. In staffs professional opinion, the applicant is already requesting signage
at the entry to the individual parcels, with the inclusion of a waiver, and any additional signage along
public rights-of-way is excessive and not provided for with the City Code.
In addition, the applicant is also requesting wall features with a Paloma logo on three comers of the
intersection of the north-south roadway with the east-west roadway. The logos are considered
signage and were not permitted within the adjacent Evergrene Planned Community District when
requested.
In order to be consistent, staff is recommending removal of the logos from the comer features and
removal of the signage from the roadway shoulders at the City roadway intersections. While the
features are acceptable, the signage is not. This recommendation is consistent with the signage
Date Prepared: September 16,2004
Meeting Date: October 2 1,2004
Ordinance 39,2004
Resolution 196,2004
Page 13 of 14
approvals for the adjacent developments of the Isles PUD, Evergrene PCD, Magnolia Bay PUD, Alta
Pines PUD, and the San Michele PUD.
PLANNING, ZONING AND APPEALS BOARD RECOMMENDATION
On July 27,2004, the Planning, Zoning and Appeals Board recommended approval of the proposed
project with a vote of 5-0.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance 39,2004 and Resolution 196,2004 with the seven
requested waivers for the reasons stated herein based on the following findings of fact:
The applicant has met the intent of the City’s Comprehensive Plan;
The applicant has met the intent of the City’s Land Development Regulations; and
The proposed development is compatible with the adjacent existing and future land uses.
Staff recommends APPROVAL of the rezoning of the parcel from Planned Development Area
(PDA) to a Planned Unit Development (PUD) Overlay with and underlying Residential Low (RL-3)
zoning through the adoption of Ordinance 39,2004.
Staff recommends APPROVAL of the Paloma Planned Unit Development with conditions and
waivers through the adoption of Resolution 196,2004.
Date Prepared: September 16,2004
Meeting Date: October 21,2004
Ordinance 39,2004
Resolution 196,2004
Page 14 of 14
<.
> , , EXISTING'Z
I
EXISTING USE
Subiect Prope 11 VacantNndevelged
NA
Magnolia Bay PUD
Gardens Presbyterian / Temple
Beth David
VacantNndeveloped
Sabal Ridge PUD
West
VacantNndeveloped
East
The Islesznned Unit
Development (PUD)
TABLE 1
)NIN(;: AND LAND USE DE;
ZONING
Planned Development Area (PDA)
Planned Unit Development (PUD)
Planned Unit Development (PUD)
with Conditional Use (CU) Overlay
Professional Office (PO)
Planned Unit DeveloDment (PUD)
Planned Development Area (PDA)
Planned Unit Development (PUD)
Residential High (RH)
Residential Medium (RM)
Residential High (RH)
Professional Office (PO)
Residential Medium (RM)
Mixed-Use (MXD)
Residential Low
TABLE 2 F
CONSISTENCY WITH THE CODE %. 4
Code Requirement Proposed Plan Consistent?
Site = Parcel 3 1.03 - Residential
High (RH)Parcel3 1.05 -
Residential Medium (RM)
(MXD): 12 ddacre
Forbearance Agreement: 3 ddacre
Open Space: Community-Serving 58% Yes
Residential Components: Minimum
of 40%
Preservation:
Planned Unit Development Yes
Maximum Residential Density 2.53 d.u./acre Yes
Upland Native Plant Community 26.4 acres Yes
Minimum of 25% identified: 26
?
t urban deslgn PROJECT NARRATIVE
(a.k.a. PALOMA Parcel 31B, Parcels PUD 31.03/31.05) stu~o
PLANNED UNIT DEVELOPMENT REZONING
11 ri 11,L Urban Design Revised June 11,2004 Urban Planning
Land Planning
Landscape Architecture
RequestLocation
The Paloma (f.k.a. Parcel 3 1B) site is a 156.47-acre tract of land consisting of Parcels 3 1.03 and
3 1.05. The subject site is located south of Hood Road, west of Military Trail, east of Central
Boulevard, Parcel 3 1.04 and Interstate 95, and north of the Sabal Ridge Planned Unit
Development and a vacant piece of property with a Professional Office Future Land Use Plan
designation.
The applicant, M/I Homes of West Palm Beach, L.L.C., is requesting a rezoning from Planned
Development Area to Planned Unit Development and site plan approval for a new residential
neighborhood consisting of 199 single family detached homes and 196 multi-family townhouses.
This is a reduction of the previous PCD Master Plan request for 220 single family homes and 249
townhouses.
Concurrency t
The application for Concurrency Certification for Parcels 3 1.03,3 1.04, and 3 1.05 was submitted
to the City on December 22,2000. The Concurrency Certification application was modified on
December 20,2002 to exclude Parcel 3 1.04 from the application materials. The traffic
concurrency for Parcel 3 1B was approved by Palm Beach County on June 16,2003 for 150
multi-fmily dwelling units and 321 single family dwelling units. A traffic equivalency
statement from Kimley-Horn and Associates indicating concurrency for 220 single family
detached homes and 249 multi-family townhouse units was submitted with the Parcel 3 1 B PCD
application. The project received Conditional Concurrency Certification on August 29,2003.
With this resubmittal, we are changing the request from a PCD rezoning to a PUD rezoning. The
submitted PUD application is consistent with the approved Conditional Concurrency
Certification.
Zoning/Future Land Use
The subject site has both Residential High (21 3 1 acres) and Residential Medium (k25 acres)
Future Land Use Plan designations. The site is currently vacant and has a Planned Dey%$@ient
Area (PDA) zoning designation.
,--i---...-
LCC35
G:UobsWarcel3 lB-PalomaWULNApplication InfoWrojectNarrativePUD.Ol3004.wpd
Urban Design Studio - LCC35
Page 1
Phasing
SUBJECT PROPERTY:
Existing - Vacant
Requested - Residential
community
The requested PUD will have three development parcels, which will be developed within a single
phase.
Existing - PDA
Requested - PUD
Access
TO THE NORTH:
Magnolia Bay PUD
TO THE EAST:
The Isles PUD
Consistent with the City's Comprehensive Plan and Conceptual Thoroughfare Plan, the applicant
will be providing an 89' right-of-way for the Conceptual Thoroughfare Plan Road #12 and an 80'
right-of-way for the northern and southern segments of the Conceptual Thoroughfare Plan Road
#14. A right-of-way dedication of 40' will be made for the central segment of Road #14, with the
balance of the right-of-way being provided by Parcel 3 1.04. Access to the development parcels
will be from these new public roadways.
~
PUD RH
PUD RM
Existing Zoning and Land Use Designations
TO THE SOUTH:
Sabal Ridge PUD
Vacant PO Property
TO THE WEST:
Parcel 3 1.04
Parcel 3 1.06
EXISTING USE I ZONING I FUTURE LAND USE
PUD Rh4
PO PO
PDA MXD
PDA RH
RHandRh4
G:UobsVarcel3 I EPalomaVUDhpplication InfohjectNarrativePUD.0 1 3004.wpd
Urban Design Studio - LCC35
Page 2
Site Analysis
PUD District Regulations
(Section 78-155)
Consistent Proposed
Paloma PUD
156.47 acres None Yes Development Area
Open Space 70% or 108.863 Yes 33 ?4 or 51.244 acres
excluding ROWS
9 dwelling units per acre under the
RM Future Land Use Plan
designation
12 dwelling units per acre under the
RH Future Land Use Plan
designation
3 .O dwelling units per acre
(per Forbearance Agreement)
26 acres
(Per Section 78-250)
Density Yes 2.52 dwelling units per
acre
26 acres Yes Upland Preservation
(Per Section 78-250)
Parkways
(Per Section 78-231)
90 feet in width along Central
Boulevard and Hood Road
112 feet along Central
Boulevard
90 feet along Hood
Road
Yes
Special Yard Setback
(Per Section 78-1 86)
55 feet along Military Trail 55-feet along Military
Trail
Yes
Proposed
Parcels A & B Site
Plan
Consistent RL-3 District Regulations and
Requested PUD rezoning
(Section 78-141)
Minimum Lot Area 6,500 s.f. 3,220 s.f. No, Waiver
Requested
Minimum Lot Width 65 feet 28 feet No, Waiver
Requested
Max Lot Coverage 35% 50% No, Waiver
Requested
Max Building Height 36 feet 36 feet Yes
Front 25 feet 25 feet Yes
G:Uobs\Parcel3 lEPalomaWUDL4pplication 1nfoWrojectNamtivePU.O 13004.wpd
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Side
Side (Facing Street)
Rear
RL-3 District Regulations and Proposed Consistent
Requested PUD rezoning Parcels A & B Site
(Section 78-141) Plan
7.5' or 10% of lot width, whichever 0'17.5 feet No, Waiver
is greater Requested
20 feet 20 feet Yes
10 feet 10 feet
5 feet for screensldecks
~
Yes
No, Waiver
requested for
ScreensiDecks
Minimum Lot Area
Front
Side
RL-3 District Regulations and Proposed Consistent
Requested PUD rezoning
(Section 78-141)
Parcel C Site Plan
25 feet 25 feet Yes
7.5' or 10% of lot width, whichever 5 feet No, Waiver
is greater Requested
No, Waiver I Requested
6,000 s.f. I 6,500 s.f.
Side (Facing Street)
Rear
Minimum Lot Width 65 feet 50 feet No, Waiver
Requested
20 feet 20 feet Yes
10 feet 10 feet Yes
Max Lot Coverage 35% 45% No, Waiver
Requested
Max. Building Height 36 feet 36 feet Yes
Architecture
The applicant is proposing three models of the two-story townhouse units with front-loaded and
side-loaded garages. Each building will feature four townhouse units. There are three color
schemes for the townhouse buildings. With regards to the requested single family homes, six
one- and two-story models are being proposed. Each model will include options with regards to
its front elevations. Twelve color schemes are proposed for the project. In addition, design
guidelines are attached for your review. The elevations for the single family and townhouse units
have been revised to include such architectural features as railings, window sills, cornices, stucco
banding, moldings, wood plank doors/garage doors, French doors and balconies.
G:UobsWarcel3 I &PalomaWUDMpplication Info\ProjectNarrativePUD.O 13004.wpd
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.
ParkwayLandscape Buffers
The subject site is adjacent to identified Parkways along Central Boulevard and Hood Road. The
Master Site Plan indicates a minimum 100 foot upland preserve along the Central Boulevard
right-of-way and a minimum 90-foot minimum buffer which includes a 100' upland preserve on
a portion along Hood Road. The Site Plan and the attached conceptual buffer sections are
consistent with Comprehensive Plan and Land Development Regulation requirements.
In addition, the code identifies a special %-foot "yard" requirement along Military Trail. Within
the 55' Military Trail "yard" we are providing a landscape buffer featuring a 3 to 5 foot high
meandering berm with live oaks, coconut palms, crape myrtles, groundcovers and a 5'
meandering sidewalk.
The remaining perimeter buffers have been designed with the intent to preserve the existing
vegetation and to provide supplemental planting of native plants in areas where exotic vegetation
will be removed. Buffers of a minimum of 30' in width have been provided along the internal
Thoroughfare roads. Open Space Buffers 10' in width are also being provided between the
upland preserve areas and the residential parcels. Conceptual buffer landscape plans have been
included in this application.
Lot LandscaDing
Each single family and townhome lot will have a minimum of one canopy tree (or two palms)
and six shrubs per 1,000 square feet of open space on the lot. The project streetscape program
includes canopy trees within the street right-of-way in addition to trees within the fi-ont yard of
the homes. The canopy trees will be 12 to 18 feet in height with a five to nine-foot spread. Lots
will also feature flowering trees, a variety of palms, accent plants and shrubs and hedges. The
landscape plan for the lots and the common areas exceed the minimum landscape points.
I
Entrv Features
Parcels A, B and C within the Paloma PUD will each feature gates and a call box for vehicular
access. Parcels B and C will feature gatehouses and Parcel A will have a call box. Each entry
feature will include a bus turnaround. Each entry will be lavishly landscaped with specialty
palms, canopy trees and large palms. Within each entry median will be a signage feature which
includes fountains and large Florida Royal and Cabbage palms for a distinctive and iconic
entrance.
Proiect Signape --
Project signage is proposed not only at the Parcel entrances, but also at the entrances to the
project fi-om the surrounding arterial roadways. The applicant is proposing one sign at the
Central Boulevard entrance, and two signs each at the Hood Road and Military Trail entrances.
G:WobsWarcel3 1 B-PalomaWUDMpplication InfoMojectNamtivePUD.0 13004,wpd
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Conceptual Thorouphfare Roadwavs
Within the new Thoroughfare Roadway rights-of-way, the applicant is proposing extensive
landscaping and wall features. The applicant is proposing various decorative wall and bench
features and arch and fence features which will create a distinctive new neighborhood within the
City.
Waivers
Section 78-441 - Issuance of BuildinP Permits Prior to Plat Approval. We are requesting a
waiver from Section 78-441 (c) to allow the issuance of building permits for model units and a
temporary sales center prior to the plat being recorded. Section 78-441 (c) states: “All lands not
otherwise subdivided which are the subject of an approved development order shall be
designated by a boundary plat. The boundary plat shall be approved by the city council and
placed ‘in the official records of the county prior to the issuance of a building permit for the
subject property.” It is the applicant’s desire to start construction of the temporary sales center,
one townhouse building (four units), and three single family homes, as indicated on the site plan,
immediately upon site plan approval for use as a model. The applicant understands that
Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that
no homes could be sold until the plat is recorded. The applicant is willing to provide for a bond
for the cost of demolition. This request would allow the construction of these model units to
begin during the 90 day +/- period after site plan approval while the plat is being reviewed.
PLEASE NOTE that the many of the following waiver requests stem from the lack of applicable
regulations within the City’s Land Development Regulations with regards to the provision of
townhouses. However, City staff has drafted regulations for housing types, other than single
family homes, which includes standards for townhouses. The Parcels A and B site plan is in
conformance with these draft townhouse standards.
Section 78-141 - Waiver to allow minimum 3,220 s.f. Lot Size for Townhomes and 6.000 s.f.
Lot Size for Sinde Family Homes. Section 78-141, Table 10, of the City’s Land Development
Regulations require a minimum lot area of 6,500 square feet for the RL-3 zoning district. We are
proposing that the RL-3 district be the underlying zoning designation for the Paloma PUD. We
are seeking a waiver to allow for a minimum lot area of 3,220 square feet (28’ x 1 15’). This
request is comparable to other townhouse units within the City. It is also exceeds the City’s draft
townhouse regulations, which provide for a minimum 1,950 s.f. lot area standard. In addition,
we are seeking a waiver to allow for a minimum lot area of 6,000 square feet (50’ x 120’). This
request is consistent with the following other approved planned single family projects:
a Evergrene Parcel 1,2, and 7 - 5,250 s.f.
Evergrene Parcel 4B - 3,040 s.f.
Evergrene Parcel 5 - 4,053 s.f.
a Montecito - 4,725 s.f.
PGA National Eagleton - 4,150 s.f.
Bent Tree - 5,000 s.f.
a
0
a
a
G:UobsWarcel3 IBPalomaWUDlApplication InfohjectNarmtivePUD.0 13004.wpd
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Section 78-141 - Waiver to Allow for 28-foot Wide Minimum Lot Width for Townhomes
and 50-foot Lot Width for Sinele Familv Homes. Section 78-141, Table 10, of the City’s
Land Development Regulations require a minimum lot width of 65 feet within the RL-3 zoning
district. We are proposing that the RL-3 district be the underlying zoning designation for the
Paloma PUD. We are proposing a minimum lot width of 28 feet for the townhouse units. This
request is comparable to other townhouse units within the City. It is also consistent with the
City’s draft townhouse regulations, which calls for a 26-foot wide lot width. In addition, we are
proposing a minimum lot width of 50 feet within the single family portion of the Paloma PUD.
This request is consistent with the approved plans for the following planned communities:
Evergrene Parcel 1,2 & 7 - 50 feet
0 Evergrene Parcel 8 - 50 feet
BallenIsles Coquina Club - 50 feet
BallenIsles Island Cove - 50 feet
PGA National Eagleton - 50 feet
Bent Tree - 50 feet
The Isles - 36 feet
Magnolia Bay - 50 feet
0 Montecito - 45 feet
0
0
0
0
0
0
Section 78-141 - Waiver to Allow for 50% Maximum Lot CoveraFe for Townhomes and
45% Maximum Lot Coverage for Sin$e Familv Homes. Section 78-141, Table 10, of the
City’s Land Development Regulations require a maximum lot coverage of 35% within the RL-3
zoning district. We are proposing that the RL-3 district be the underlying zoning designation for
the Paloma PUD. We are proposing a maximum lot coverage of 50 percent within the townhome
portion of the Paloma PUD. This request is comparable to other townhouse units within the
City. It is also consistent with the City’s draft townhouse regulations. In addition, we are
proposing a maximum lot coverage of 45 percent for the single family homes within the Paloma
PUD. This request is consistent with the approved plans for the following planned communities:
’
Mirasol Parcels 1,2,5 & 18 - 45%
0 Evergrene Parcels 1,2 & 7 - 45%
Evergrene Parcel 8 - 45%
BallenIsles San Marco - 45%
0 Bent Tree - 45%
The Isles - 50 YO
0 Magnolia Bay - 47%
0
0
0
Section 78-141. - Waiver to Allow a 01/7.5-foot Side Setback for the Townhomes and 5-foot
Side Setback for the Sinde Familv Homes. Section 78-141, Table 10, of the City’s Land
Development Regulations require a 7.5 foot or 10% of the lot width, whichever is greater, side
setback for lots within the RL-3 zoning district. We are proposing that the RL-3 district be the
underlying zoning designation for the Paloma PUD. We are proposing a minimum side setback
of OY7.5 feet for the townhomes. This request is comparable to other townhouse units within the
City. It is also consistent with the City’s draft townhouse regulations. In addition, we are
proposing a minimum side setback of 5 feet for buildings, pools, spas, screen enclosures and
decks within the single family portion the Paloma PUD. This request is consistent with the
approved plans for the following planned communities:
G:UobAParcel3 1 B-PaloxnaWUDMpplication Info\ProjectNamtivePUD.O13004.wpd
LCC35
BallenIsles Island Cove - 5 feet
PGA National Bristol Club - 5 feet
Evergrene Parcel 1,2 & 7 - 3’1 “/6’11 I’
Montecito - 5 feet
0
Section 78-141. - Waiver to Allow a 5-foot Rear Setback for Screen Enclosures and Decks
for Townhouses. Section 78-141, Table 10, of the City’s Land Development Regulations require
a 10-foot rear setback for lots within the RL-3 zoning district. We are proposing that the RL-3
district be the underlying zoning designation for the Paloma PUD. We are proposing a minimum
rear setback of 10 feet for the townhouse building, but we are requesting a waiver to allow a five-
foot rear setback for screen enclosures and decks. This request is comparable to other townhouse
units within the City. It is also consistent with the City’s draft townhouse regulations.
Section 78-186(8) - Waiver to allow 8-foot hiFh column on proiect walYfence
Section 78-1 86(8) of the City’s Land Development Regulations states that “Fences and walls in
residentially zoning districts may be erected or maintained to a height not exceeding six feet.
Due aesthetic concerns, we are proposing a maximum 6-foot high walllfeme with a two-foot
column cap. The applicant is proposing a decorative wall feature at each Parcel entrance and
along the new east-west thoroughfare roadway. The decorative wall will feature the 8-foot high
column. This decorative wall feature will help create a distinctive neighborhood district within
the City. We request a waiver from the six foot high fence limitation to allow for this decorative
fence column.
Waiver Justifications
In support of these waiver requests, it should be noted that the applicant is providing the
following benefits to the City:
0 The applicant is dedicating 10.91 acres for roadways to the City as part of the
City’s Conceptual Thoroughfare Plan.
The applicant will construct in a manner consistent with the submitted PUD
Master Site Plan, the entirety of the East/West Roadway #12 and that segment of
the NortWSouth Roadway #14 north of the East/West Roadway.
The Paloma PUD is providing 70% or 108.863 acres of open space on site, which
is 2 12% more than code requirement. The site has 57.6 19 acres of additional
open space and pedestrian amenities than what is required by Code.
The applicant is proposing 54 less units than what is approved under the
Conditional Concurrency Certification. This will further less the project’s impact
on roads, utilities, schools and municipal services.
The applicant is proposing 21 less single family homes than what is approved
under the Conditional Concurrency Certification. This will further less the
project’s impact on roads, utilities, schools and municipal services.
The 56-foot wide cross-section for the interior roads exceeds the City standards
for local roadways by six feet and allows additional room for a high quality
streetscape program.
The 112-foot buffer along Central Boulevard exceeds the City’s parkway
requirement of 90 feet and further helps shield the proposed townhouses from the
0
0
G:UobsVarcel3 1BPalomaWIJDL4pplication Info\ProjectNamtivePLJD.O13004.wpd
LCC35
adjacent public roadways.
Parcel A for the use of residents within the Paloma PUD. This cornunity center
will help relieve the future resident impacts on municipal recreational services.
part of the effort to create an aesthetically-pleasing streetscape for the City.
community. Although each townhouse has 3 bedrooms, four parking spaces has
been provided on each lot for each townhouse.
residents within the PUD. This community center will help relieve the future
resident impacts on municipal recreational services.
adjacent Sabal Ridge community. This is more than 8 times wider than the
minimum landscape buffer requirement of 8 feet as stated in Section 78-3 19. The
buffer includes part of the existing canal in addition to the landscaping.
Roadway #14 is 25 feet in width, which is excess of the 15 foot code requirement.
a The applicant is providing a community center with Parcel B and a park within
The applicant is proposing to bury the utility lines located along Military Trail as
Additional parking for residents and guests have been provided within the
a The applicant is providing a community center with Parcel C for the use of
The project is providing a 65-foot landscape buffer between Parcel C and the
The landscape buffer between Parcel C and the future Conceptual Thoroughfare
G:UobsWarcel3 1EPalomaWUDMpplication InfoVrojectNarrativePUD.0 13004.wpd
LCC35
urban
PALOMA PUD
WAIVER COMPARISON
stu 0
Urban Design
Urban Planning
Land Planning
Landscape Architecture
Waiver Requested
Lot Coverage - Single Family Homes
.45%
3.5% Code requirement
Lot Coverage - Townhomes
7.5% Draft Townhouse regulations
- 50%
Lot Width - Single Family Homes
50' wide lots
6.5' Code requirement
Lot Width - Townhomes
28' wide lots
26' - Draji Townhouse Regulations
Lot Area - Single Family Homes
6,000 s.f. Minimum
6,500 s.f: Code requirement
Comparison to Similar Projects
Other similar SF lot coverapes:
PGA Natl. Eagleton Cove - 67%
BallenIsles Parcel 21 - 50%
BallenIsles San Marco - 45%
Montecito - 50%
The Isles - 48%
Evergrene Parcel 4B - 52%, 49% and 47%
Bent Tree - 45%
Magnolia Bay - 48%
Other similar Townhouse/SF Attached Lot
coverages:
Magnolia Bay - 50%
The Isles - 50%
Catalina Lakes - 39%
Other SF Lot Widths
Evergrene Parcels 1,2, & 7 - 50'
Evergrene Parcel 8 - 50'
BallenIsles Island Cove - 45'
BallenIsles Coquina Club - 50'
PGA Natl. Monterey Pointe - 45'
The Isles - 50' - Oakmont Model
Magnolia Bay - 50'
Other TownhouseISF Attached Lot Widths
Montecito - 30'
Catalina Lakes - 26'
PGA Commons - 24', 38'
GUobsWarcel3 1 B-PalomaWWDMpplication Info\WaiverComparisonTable.wpd
LCC35
Other SF Lot Areas
Evergrene Parcels 1,2 & 7 - 5,250 s.f.
Evergrene Parcel 5 - 4,053 s.f.
PGA Natl. Eagleton - 4,150 s.f.
Evergrene Parcel 4B - 3,040 s.f.
Bent Tree - 5,000 s.f. c.
\ '4
Place
561.366.1 100
LCC35
561.366.1 11 1 fax
Lot Area - Townhouse units
3,220 s.f.
1,950 s.f: DraJt Townhouse Regulations
Side Setback - Townhouse Lots
0'/7.5' building setback
0'/7.5' side setback in Draft Townhouse Regulations
Rear Setback -Townhouse Lots
5' rear setback for screen enclosuresldecks
5' rear setback for screen enclosure/deckr within Draft
Townhouse Regulations
Other TownhousdSF
Attached Lot Areas
PGA National Monterey Pointe - 3,570 s.f.
Catalina Lakes - 2,418 s.f.
Montecito - 3,090 s.f.
PGA Commons - 2,040 s.f., 3,230 s.f.
Other Townhouse/SF Attached side setbacks
Catalina Lakes - 0'15' side setback
Magnolia Bay - 0'17.5' side setback
The Isles - 0'/7.5' side setback
Other SF Attached Rear Setbacks
Catalina Lakes - 0' for Screen EnclosureslPatios
Montecito - 5' for rear access garage
Magnolia Bay - 5' for screen enclosuresldecks
The Isles - 5' for screen enclosures/decks/pools
G:WobsWarcel3 1B-PalomaWUDMpplication Info\WaiverComparisonTable.wpd
LCC35
I’
f
thjiedarchitectural treatments shallincCude:
9 lesuredor sandstucco finish
9 s-%h concrete roofs
9 Minimum 2-car garages
9 MuCti-panej+ont ehvation win&,, ws
> Panehdgarage doors
@uil;ting heights are not to exceed36 feet.
Decorative pavers wiCC6e usedon alldriveways andently Wac&.
No two homes Ibcatedside-6y-side shallhave the same com6ination of exterior
waCCandtrim cohr.
No two homes Ibcatedside-6y-side shalllie the same home styh with the same
ebva tion.
No two homes locatedside-6y-side shalCuse the palm tree@) option (minimum
phnting requirement) for itsfiont yard.
@uiUing lot coverage shaCC6e fimitedto a maximum of 45%
Garage doors shallhave an option forghss windows.
Twelve (12) distinctive cohr schemes are offered
9 Design Professionah have coordinatedaCCstucco, trim, cement roof tih
andpavers for each of these schemes. Pbasefindattachedeach of the
twelve schemes.
UnzfiedarchitecturaCtreatments shallinclude:
P Textwedor sandstucco finish
P S-%h concrete roofs
9 Minimum 2-cargarages
9 Multi-pane+ont ehvation windows
9 Panebdgarage doors
BuilXng heights are not to exceed36 feet.
Decorative pavers willtie usedon alldiveways andentry waKs.
No two townhomes Ibcatedside-6y-side shaClhave the same corntiination of
eGerior wallandtrim CO~K
No two townhomes Ibcatedside-6y-side shalltie the same home styh with the
same ehvation.
@hdZng Ibt coverage shaCC6e Gimitedto a maximum of 50%
Garage doors shallhave an option forghss windows.
firee (3) distinctive cohr schemes are ofleered
9 Design Professionah have coordinatedallstucco, trim, cement roof tih
andpavers for each of these schemes. PbaseSlndattachedeacti of the
three schemes.
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ORDINANCE 39,2004
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
BEACH GARDENS, FLORIDA RELATING TO REZONING;
PROVIDING FOR THE REZONING OF A PARCEL OF LAND
CONSISTING OF 156.46 ACRES, MORE OR LESS, LOCATED
SOUTH OF HOOD ROAD, WEST OF MILITARY TRAIL, EAST OF
CENTRAL BOULEVARD, PARCEL 31.04 (MXD), AND INTERSTATE
HIGHWAY 95, AND NORTH OF THE SABAL RIDGE PLANNED
UNIT DEVELOPMENT (PUD), AS DESCRIBED MORE
PARTICULARLY HEREIN, FROM PLANNED DEVELOPMENT AREA
(PDA) TO A PLANNED UNIT DEVELOPMENT (PUD) OVERLAY
BE KNOWN AS PALOMA; REVISING THE ZONING DISTRICT MAP;
AND PROVIDING AN EFFECTIVE DATE.
WITH AN UNDERLYING ZONING OF RESIDENTIAL LOW (RL-3) TO
WHEREAS, the City of Palm Beach Gardens received an application (PUD-04-
05) for a rezoning to Planned Unit Development (PUD) with an underlying zoning district
of Residential Low (RL-3) for the approximately 156.46-acre site, generally located
south of Hood Road, west of Military Trail, east of Central Boulevard; Parcel 31.04
(MXD); Interstate Highway 95, and north of the Sabal Ridge Planned Unit Development,
which lies within the municipal boundaries of the City of Palm Beach Gardens, as more
particularly described herein; and
WHEREAS, the subject site is currently zoned Planned Development Area (PDA)
and has a land use designation of Residential High (RH) and Residential Medium (RM);
and
WHEREAS, the Growth Management Department reviewed said petition and
determined that it is sufficient and consistent with the City’s Land Development
Regulations and the Comprehensive Plan; and
WHEREAS, the Planning and Zoning Commission held a public hearing on July
27,2004, and has recommended approval of the rezoning to the City Council; 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 and Palm Beach County review agencies and
staff; and
Date Prepared: September 17, 2004
Ordinance 39,2004
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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; and
WHEREAS, the City Council has determined that this Ordinance is consistent
with the City's Comprehensive Plan based on the following findings of fact:
1. The proposed Residential Planned Unit Overlay rezoning is consistent with
the Future Land Use designation of Residential High and Residential Medium.
2. The proposed rezoning is in harmony with the general purpose and intent of
the Comprehensive Plan and is compatible with the intensity and density of
the surrounding existing and future land uses.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF PALM BEACH GARDENS, FLORIDA that:
SECTION 1. The foregoing recitals are hereby affirmed and ratified.
SECTION 2. The City Council of the City of Palm Beach Gardens, Florida hereby
approves the rezoning of the parcel of land, as more particularly described below, from
a zoning designation of Planned Development Area (PDA) to a Planned Unit
Development (PUD) Overlay with an underlying zoning district of Residential Low (RL-
3):
LEGAL DESCRIPTION
PARCEL 31.03
A PARCEL OF LAND SITUATE IN SECTION 1, TOWNSHIP 42 SOUTH, RANGE 42
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF
SAID SECTION 1; THENCE SOUTH 88'34'52" EAST, ALONG THE NORTH LINE
OF SAID SECTION, A DISTANCE OF 694.49 FEET TO THE EAST RIGHT-OF-WAY
LINE OF INTERSTATE 1-95 AND THE POINT OF BEGINNING OF THE HEREIN
DESCRIBED PARCEL; THENCE SOUTH 30'31'49" EAST, ALONG SAID RIGHT-OF-
CONTINUING ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 1,199.30 FEET
WAY LINE, A DISTANCE OF 484.81 FEET; THENCE SOUTH 31'40'34" EAST,
TO A CURVE HAVING A RADIAL BEARING OF NORTH 58'19'26" EAST, A RADIUS
OF 3,180.04 FEET, AND A CENTRAL ANGLE OF 1'05'46'; THENCE PROCEED
WAY LINE, A DISTANCE OF 60.84 FEET TO THE END OF SAID CURVE; THENCE
DISTANCE OF 280.19 FEET; THENCE NORTH 01'43'40 'I EAST, A DISTANCE OF
1,466.97 FEET TO THE NORTH LINE OF SAID SECTION; THENCE NORTH
SOUTHERLY AND EASTERLY ALONG THE ARC OF SAID CURVE AND RIGHT-OF-
SOUTH 88'32'18" EAST, DEPARTING FROM SAID RIGHT-OF-WAY LINE, A
2
Date Prepared: September 17, 2004
Ordinance 39. 2004
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88'34'52" WEST, ALONG SAID NORTH LINE, A DISTANCE OF 1,233.20 FEET TO
THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL.
TOGETHER WITH A PORTION OF PARCELS 31.04 AND 31.05:
A PARCEL OF LAND SITUATE IN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42
EAST, WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS,
PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTH QUARTER CORNER
OF SAID SECTION 36, THENCE NORTH 88'34'52" WEST, ALONG THE SOUTH LINE
OF SAID SECTION 36, A DISTANCE OF 107.00 FEET TO THE POINT OF
BEGINNING. THENCE NORTH 88'34'52'' WEST, ALONG SAID SOUTH LINE, A
DISTANCE OF 1,827.08 FEET TO THE EAST RIGHT-OF-WAY LINE OF INTERSTATE
1-95 AS DESCRIBED IN OFFICIAL RECORD BOOK 5805, PAGE 181 OF THE
30'31'49" WEST, ALONG SAID RIGHT-OF-WAY LINE, A DISTANCE OF 30.29 FEET;
THENCE DEPARTING SAID EAST RIGHT-OF-WAY LINE NORTH 88'34'52" WEST, A
PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; THENCE NORTH
DISTANCE OF 456.20 FEET; THENCE NORTH 01'25'08" WEST, A DISTANCE OF
341.92 FEET TO A POINT ON A TANGENT CURVE CONCAVE TO THE WEST
HAVING A RADIUS OF 3,100.00 FEET AND A CENTRAL ANGLE OF 13"25'31";
THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
726.38 FEET TO A POINT OF A REVERSE CURVE CONCAVE TO THE EAST,
HAVING A RADIUS OF 1,146.00 FEET AND A CENTRAL ANGLE OF 28'21'19";
THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF
567.15 FEET; THENCE NORTH 16'20'57" EAST, A DISTANCE OF 957.79 FEET TO A
RADIUS OF 1,149.42 FEET, A RADIAL BEARING OF NORTH 15'07'32" EAST AND A
CENTRAL ANGLE OF 09'27'21"; THENCE WESTERLY ALONG THE ARC OF SAID
CURVE, A DISTANCE OF 189.70 FEET; THENCE NORTH 66'38'32" WEST, A
CENTRAL BOULEVARD AS SHOWN ON ROAD PLAT BOOK 6, PAGE 88 AND AS
DESCRIBED IN OFFICIAL RECORD BOOK 5104, PAGE 945 OF SAID PUBLIC
RECORDS, SAID POINT BEING ON A CURVE HAVING A RADIAL BEARING OF
NORTH 62"01'30" WEST, A RADIUS OF 1,969.86 FEET, AND A CENTRAL ANGLE
POINT ON A NON-TANGENT CURVE CONCAVE TO THE NORTH, HAVING A
DISTANCE OF 316.95 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF
OF 27'1 1'16"; THENCE PROCEED ALONG THE ARC OF SAID CURVE AND RIGHT-
OF-WAY LINE, A DISTANCE OF 934.73 FEET TO THE END OF SAID CURVE;
THENCE NORTH 00'47'15" EAST, CONTINUING ALONG SAID RIGHT-OF-WAY
LINE, A DISTANCE OF 217.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF
RECORDS; THENCE SOUTH 88"08'02" EAST, ALONG SAID SOUTH RIGHT-OF-
WAY LINE, A DISTANCE OF 1,476.78 FEET TO A POINT ON THE WEST RIGHT-OF-
HOOD ROAD AS DESCRIBED IN DEED BOOK 1083, PAGE 141 OF SAID PUBLIC
WAY LINE OF MILITARY TRAIL AS DESCRIBED IN DEED BOOK 815, PAGE 581,
OFFICIAL RECORD BOOK 2353, PAGE 1542, AND OFFICIAL RECORD BOOK 7483,
PAGE 1746 OF SAID PUBLIC RECORDS; THENCE SOUTH 43'26'57'' EAST,
7483, PAGE 1746, A DISTANCE OF 56.25 FEET; THENCE CONTINUING ALONG
ALONG SAID RIGHT-OF-WAY LINE DESCRIBED IN OFFICIAL RECORD BOOK
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Date Prepared: September 17,2004
Ordinance 39, 2004
SAID RIGHT-OF-WAY LINE SOUTH OI"13'53" WEST A DISTANCE OF 261.11
POINT ON THE WEST RIGHT-OF-WAY LINE OF MILITARY TRAIL AS DESCRIBED
ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 1,252.43 FEET TO
FEET; THENCE SOUTH OO"18'53" WEST A DISTANCE OF 250.03 FEET TO A
IN OFFICIAL RECORD BOOK 2353, PAGE 1542; THENCE SOUTH 01 "I 3'53" WEST
THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE WEST, HAVING A
RADIUS OF 22,858.31 FEET AND A CENTRAL ANGLE OF 02"34'09"; THENCE
DISTANCE OF 1,025.00 FEET TO A POINT OF REVERSE CURVATURE OF A
CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 22,978.31 FEET AND A
WAY LINE AND ARC OF SAID CURVE A DISTANCE OF 832.17 FEET TO THE
POINT OF TANGENCY; THENCE SOUTH OI"43'37" WEST A DISTANCE OF 200.84
FEET TO THE POINT OF BEGINNING.
SOUTHERLY ALONG SAID RIGHT-OF-WAY LINE AND ARC OF SAID CURVE A
CENTRAL ANGLE OF 02"04'30"; THENCE SOUTHERLY ALONG SAID RIGHT-OF-
CONTAINING 6,815,592.28 SQUARE FEET, OR 156.46 ACRES, MORE OR LESS.
SECTION 3. The City Manager is hereby authorized and directed to make
appropriate changes on the zoning district map of the City to effectuate the purpose of
this Ordinance.
SECTION 4. This approval expressly incorporates and is contingent upon all
representations made by the applicant or applicant's agent(s) at any workshop or public
hearing.
SECTION 5. This Ordinance shall take effect immediately upon adoption.
(The remainder of this page left intentionally blank)
4
Date Prepared: September 17,2004
Ordinance 39,2004
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PASSED this day of , 2004, upon first reading.
PASSED AND ADOPTED this day of , 2004, upon
second and final reading.
CITY OF PALM BEACH GARDENS
BY:
Eric Jablin, Mayor
Joseph Russo, Vice Mayor
Annie Marie Delgado, Councilmember
David Levy, Councilmember
ATTEST:
BY:
Patricia Snider, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
BY:
Christine P. Tatum, City Attorney
FOR
G:bttorney-share\ORDINANCES\paloma rezoning - ord 39 2004.doc
AGAINST ABSENT
d
5
City of Palm Beach Gardens
Council Agenda
October 21 2004
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Jablin
Vice Mayor Russo
Council Member Delgado
Council Member Levy
J I.
' 11.
111.
' IV.
V.
' VI.
VII.
VIII.
CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
October 21,2004
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
a. Hurricane Response and Damage Assessment Report
b. Recognition of Community Support during the Hurricanes
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
CONSENT AGENDA:
a. jPage 6 Approve Minutes from the September 28, 2004 Regular City Council
meeting.
b. jPage IOApprove Minutes from the September 30 2004 Regular City Council
meeting.
C. JStitff' Report on page IS, Resolution on Page 20) Resolution 175, 2004 -
Approving The PGA National Shops on the Green Plat. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the PGA National
Shops on the Green Plat; and providing an effective date.
d. {Staff Report on page 25, Resolution on Page 27) Resolution 203, 2004 -
Directing execution of the first amendment and second amendment to the gas tax
interlocal agreement. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida authorizing and directing execution of the first amendment and
second amendment to the gas tax interlocal agreement between the City of Palm
Beach Gardens and Palm Beach County, Florida; and providing an effective date.
e. {Staff Report on page 83, Kcsolution on Page 86) Resolution 204, 2004 -
Military Trail Grant - A Resolution of the City Council of the City of Palm Beach
Gardens, Florida modifying the matching grant program approved by Resolution
136, 2003 to increase the City’s matching portion; and providing an effective
date.
IX. PUBLIC HEARINGS:
Part I - Quasi-Judicial
a. {Staff Kcport on page 95, Kcsolution on Page 164) Resolution 135, 2004 -
Target Rezoning and Site Plan review. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the master development plan for
Congress Plaza East at the 19.12-acre parcel of land located on the Southeast
corner of Northlake Boulevard and Congress Avenue which lies within the
municipal boundaries of the City of Palm Beach Gardens and the Town of Lake
Park, as described more particularly herein, to allow for a 131,839 square-foot
retail building; providing for waivers; providing for conditions of approval; and
providing an effective date.
PaJd
Y--O
b. 1Staff Rcport on page 174, Ordinance on Page 197, Kcsolution on Page 200)
Ordinance 35, 2004 - (lst reading) The Sanctuary at Palm Beach Gardens
Homeowners’ Association, Inc. Lake Access Tract. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending Ordinance 22,
1993 relating to the Sanctuary Planned Unit Development (PUD) to transfer the
master plan approval and related conditions to a separate Resolution; and
providing an effective date.
op,)d v **
Resolution 176, 2004 is a companion item to Ordinance 35,
2004 and will require Council action only on second reading.
Resolution 176, 2004 - The Sanctuary The Sanctuary at Palm Beach Gardens
Homeowners’ Association, Inc. Lake Access Tract. A Resolution of the City
Council of the City of Palm beach Gardens, Florida approving an amendment to
the Sanctuary Planned Unit Development (PUD) located on the North side of
Hood Road approximately 1,500 feet West of Prosperity Farms Road, as more
particularly described herein; providing for conditions of approval; and providing
an effective date.
C. jStaff Report on page 227, Resolution on Page 236) Resolution 200, 2004 -
Seacoast Utility - allow removal, relocation & construction of water storage
tanks. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to an existing conditional use to allow the
existing Seacoast Utility Authority water treatment plant facility, located at the
intersection of Hood Road and Alternate AlA, as more particularly described
herein, to upgrade and expand its current operations; and providing an effective
date.
Part I1 - Non Quasi-Judicial
a. {Staff Report OII page 271, 0rdio;rtice on Pave 275) Ordinance 36, 2004 -
Proposed Annexation for a 61.9 Acre Parcel off of Northlake Boulevard (2nd
reading and adoption). An Ordinance of the City Council of the City of Palm
Beach Gardens, Florida annexing, pursuant to a petition for voluntary annexation,
a parcel of real property comprising of total of 61.9 acres, more or less, located on
the North side of Northlake Boulevard approximately one-half (0.5) miles West of P
a. JStaff Report on page 308, Ordinance on Page 31 1) Ordinance 19, 2004 -
Amendments to expedite the review process for routine site plans. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida relating to
administrative approvals; amending Section 78-48, Code of Ordinances entitled
“Site Plan Review”; amending Section 78-49, Code of Ordinances entitled
“Amendments to Approved Development Orders”; providing for Codification;
and providing an effective date.
?&
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the intersection of Northlake Boulevard and Coconut Boulevard, in Palm Beach
County, Florida, which is more particularly described herein; declaring that the
voluntary annexation petition bears the signature of the owner of the real property
annexed hereby; amending Article I1 of the City Charter by redefining the
corporate limits; and providing an effective date.
RESOLUTIONS:
a. {Staff Report on page 283, Resolution on Page 303) Resolution 197, 2004 -
Proposal for additional artwork - Commons Parcel 2 & 3 art in public places. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving Art in Public Places for the PGA Commons Parcel 2 & Parcel 3,
located on the South side of PGA Boulevard, East and West of its intersection
with Hickory Drive, as more particularly described herein; providing for
conditions of approval; and providing an effective date.
ORDINANCES: (For Consideration on First Reading)
b. {Staff Report on page 323, Ordinance on Page 440, Resolution is not
Included) Ordinance 39, 2004 - Paloma (Parcel 31B) - rezoning from PDA
(Planned Development Area) To PUD (Planned Unit Development) (underlying
Residential Low). An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of
land consisting of 156.46 acres, more or less, located South of Hood Road, West
of Military Trail, East of Central Boulevard, parcel 31.04 (MXD), and Interstate
Highway 95, and North of the Sabal Ridge Planned Unit Development (PUD), as
described more particularly herein, from Planned Development Area (PDA) to a
Planned Unit Development (PUD) overlay with an underlying zoning of
Residential Low (RL-3) to be known as Paloma; revising the Zoning District
Map; and providing an effective date.
Resolution 196, 2004 is a companion item to Ordinance 35,
2004 and will require Council action only on second reading.
Resolution 196, 2004 - Paloma (Parcel 31B) - rezoning from PDA (Planned
Development Area) to PUD (Planned Unit Development) (underlying Residential
Low). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the master development plan for the Paloma Planned Unit
Development (PUD), generally located South of Hood Road, West of Military
Trail, East of Central Boulevard, parcel 3 1.04 (MXD), and Interstate Highway 95,
and North of the Sabal Ridge Planned Unit Development (PUD), as described
more particularly herein, to allow for 199 single-family dwelling units, 196 multi-
family dwelling units and accessory structures / uses; providing for waivers;
providing for conditions of approval; and providing an effective date.
V-O
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
qNo a.
XIII. CITY ATTORNEY REPORT:
Staff discussion citywide economic development opportunities and tax base.
a. Discussion of Proposed Settlement of The City of Palm Beach Gardens, a
municipal corporation, Plaintiff, v. MALL PROPERTIES, LTD., a Florida
limited partnership; PGA GATEWAY, LTD., a Florida limited partnership; PGA
NORTH I1 OF FLORIDA, LLC, a Florida limited liability company; and RCA
CENTER I1 OF FLORIDA, LLC, a Florida limited liability company and
DOWNTOWN AT THE GARDENS, LLC, a Florida limited liability company,
Defendants, Case Number 502003 CA 01 1229 XXCDAH
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities
needing special accommodations to participate in this proceeding should contact the City Clerk’s
Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for
assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8 771 (TDD) or
(800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Council,
with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings,
and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
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City of Palm Beach Gardens
Council Agenda
October 2 1 2004
Council Chambers
10500 N. Military Trail
Palm Beach Gardens, FL 334 10
Mayor Jablin Council Member Delgado
Vice Mayor Russo Council Member Levy
?
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I.
11.
111.
IV.
V.
VI.
7: Y&
VII. 7:
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CITY OF PALM BEACH GARDENS
CITY COUNCIL REGULAR MEETING
October 21,2004
7:OO P.M.
PLEDGE OF ALLEGIANCE
ROLL CALL
ADDITIONS, DELETIONS, MODIFICATIONS:
ANNOUNCEMENTS / PRESENTATIONS:
ITEMS OF RESIDENT INTEREST:
CITY MANAGER REPORT:
a. Hurricane Response and Damage Assessment Report (fm’
b. Recognition of Community Support during the Hurricanes
COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit
request form to the City Clerk prior to this Item)
CONSENT AGENDA:
a. /Page 6 Approve Minutes from the September 28, 2004 Regular City Council
meeting.
b. JPage IOApprove Minutes from the September 30 2004 Regular City-Gouncil
meeting.
C. jStaft’ Report on page 18, Resolution 011 Page 20) Resolution 175, 2004 -
Approving The PGA National Shops on the Green Plat. A Resolution of the City
Council of the City of Palm Beach Gardens, Florida approving the PGA National
Shops on the Green Plat; and providing an effective date.
f
i
d. {Staff Report on page 25, Resolution on Page 27) Resolution 203, 2004 -
Directing execution of the first amendment and second amendment to the gas tax
interlocal agreement. A Resolution of the City Council of the City of Palm Beach
Gardens, Florida authorizing and directing execution of the first amendment and
second amendment to the gas tax interlocal agreement between the City of Palm
Beach Gardens and Palm Beach County, Florida; and providing an effective date.
e. [Staff Report on page 83, Resolution on Page 86) Resolution 204, 2004 -
Military Trail Grant - A Resolution of the City Council of the City of Palm Beach
Gardens, Florida modifying the matching grant program approved by Resolution
136, 2003 to increase the City’s matching portion; and providing an effective
date.
IX. PUBLIC HEARINGS:
Part I - Quasi-Judicial
b:f Lf a. {Staff Report on Page 9S, Resolution 011 Page 164) Resolution 135, 2004 -
Target Rezoning and Site Plan review. A Resolution of the City Council of the
City of Palm Beach Gardens, Florida approving the master development plan for
Congress Plaza East at the 19.12-acre parcel of land located on the Southeast
corner of Northlake Boulevard and Congress Avenue which lies within the
municipal boundaries of the City of Palm Beach Gardens and the Town of Lake
Park, as described more particularly herein, to allow for a 131,839 square-foot
retail building; providing for waivers; providing for conditions of approval; and
providing an effective date.
4-0
b. [Staff Kcport on page 174, Ordinance on Page 197, Resolution on Page 200)
Ordinance 35, 2004 - (lst reading) The Sanctuary at Palm Beach Gardens
Homeowners’ Association, Inc. Lake Access Tract. An Ordinance of the City
Council of the City of Palm Beach Gardens, Florida amending Ordinance 22,
1993 relating to the Sanctuary Planned Unit Development (PUD) to transfer the
providing an effective date.
8: 40
fllSrpah@
JUP Y* am
c master plan approval and related conditions to a separate Resolution; and
8; 33
Resolution 176, 2004 is a companion item to Ordinance 35,
2004 and will require Council action only on second reading. q;or- chrs -NWK
9:ys - cm Resolution 176, 2004 - The Sanctuary The Sanctuary at Palm Beach Gardens
9 6, 97 - ~vmfiy #’/M,+Homeowners’ Association, Inc. Lake Access Tract. A Resolution of the City
Council of the City of Palm beach Gardens, Florida approving an amendment to
the Sanctuary Planned Unit Development (PUD) located on the North side of
Hood Road approximately 1,500 feet West of Prosperity Farms Road, as more
particularly described herein; providing for conditions of approval; and providing
an effective date.
4-0
893 c* {Staff Report on page 227, Resolution on I’alre 236) Resolution 200, 2004 -
Seacoast Utility - allow removal, relocation & construction of water storage
tanks. A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving an amendment to an existing conditional use to allow the
existing Seacoast Utility Authority water treatment plant facility, located at the
intersection of Hood Road and Alternate AlA, as more particularly described
herein, to upgrade and expand its current operations; and providing an effective
date.
44
Part I1 - Non Quasi-Judicial
a. JStaff Report 011 page 271, Ordinatice on Page 275) Ordinance 36, 2004 -
Proposed Annexation for a 61.9 Acre Parcel off of Northlake Boulevard (2nd
reading and adoption). An Ordinance of the City Council of the City of Palm
fC/L‘@) Beach Gardens, Florida annexing, pursuant to a petition for voluntary annexation,
a parcel of real property comprising of total of 61.9 acres, more or less, located on
the North side of Northlake Boulevard approximately one-half (0.5) miles West of
County, Florida, which is more particularly described herein; declaring that the
voluntary annexation petition bears the signature of the owner of the real property
annexed hereby; amending Article I1 of the City Charter by redefining the
corporate limits; and providing an effective date.
50 YO Dm co)2m/1c/ the intersection of Northlake Boulevard and Coconut Boulevard, in Palm Beach
9-0
X. RESOLUTIONS:
/a: ty a. jStaff Report on page 283, Resolution on Page 303) Resolution 197, 2004 -
Proposal for additional artwork - Commons Parcel 2 & 3 art in public places. A
Resolution of the City Council of the City of Palm Beach Gardens, Florida
approving Art in Public Places for the PGA Commons Parcel 2 & Parcel 3,
located on the South side of PGA Boulevard, East and West of its intersection
with Hickory Drive, as more particularly described herein; providing for
conditions of approval; and providing an effective date.
7-0
XI. ORDINANCES: (For Consideration on First Reading)
a. jStaff Report on page 308, Ordinance on Page 311) Ordinance 19, 2004 -
Amendments to expedite the review process for routine site plans. An Ordinance
of the City Council of the City of Palm Beach Gardens, Florida relating to
administrative approvals; amending Section 78-48, Code of Ordinances entitled
“Site Plan Review”; amending Section 78-49, Code of Ordinances entitled
“Amendments to Approved Development Orders”; providing for Codification;
and providing an effective date.
/0: oto
7-0
b. {Staff Report on page 323, Ordinance on Page 440, Resolution is not
Included) Ordinance 39, 2004 - Paloma (Parcel 31B) - rezoning from PDA
(Planned Development Area) To PUD (Planned Unit Development) (underlying
Residential Low). An Ordinance of the City Council of the City of Palm Beach
Gardens, Florida relating to rezoning; providing for the rezoning of a parcel of
land consisting of 156.46 acres, more or less, located South of Hood Road, West
of Military Trail, East of Central Boulevard, parcel 31.04 (MXD), and Interstate
Highway 95, and North of the Sabal Ridge Planned Unit Development (PUD), as
described more particularly herein, from Planned Development Area (PDA) to a
Planned Unit Development (PUD) overlay with an underlying zoning of
Residential Low (RL-3) to be known as Paloma; revising the Zoning District
Map; and providing an effective date.
Resolution 196, 2004 is a companion item to Ordinance 35,
2004 and will require Council action only on second reading.
Resolution 196, 2004 - Paloma (Parcel 31B) - rezoning from PDA (Planned
Development Area) to PUD (Planned Unit Development) (underlying Residential
Low). A Resolution of the City Council of the City of Palm Beach Gardens,
Florida approving the master development plan for the Paloma Planned Unit
Development (PUD), generally located South of Hood Road, West of Military
Trail, East of Central Boulevard, parcel 3 1.04 (MXD), and Interstate Highway 95,
and North of the Sabal Ridge Planned Unit Development (PUD), as described
more particularly herein, to allow for 199 single-family dwelling units, 196 multi-
family dwelling units and accessory structures / uses; providing for waivers;
providing for conditions of approval; and providing an effective date.
10; 26
Y-0
XII. ITEMS FOR COUNCIL ACTION/DISCUSSION:
/f;4r a. Staff discussion citywide economic development opportunities and tax base.
XIII. CITY ATTORNEY REPORT:
a. Discussion of Proposed Settlement of The City of Palm Beach Gardens, a
municipal corporation, Plaintiff, v. MALL PROPERTIES, LTD., a Florida
limited partnership; PGA GATEWAY, LTD., a Florida limited partnership; PGA
NORTH I1 OF FLORIDA, LLC, a Florida limited liability company; and RCA
CENTER I1 OF FLORIDA, LLC, a Florida limited liability company and
DOWNTOWN AT THE GARDENS, LLC, a Florida limited liability company,
Defendants, Case Number 502003 CA 01 1229 XXCDAH
XIV. ADJOURNMENT
In accordance with the Americans with Disabilities Act and Florida Statute 286.26, persons with disabilities
needing special accommodations to participate in this proceeding should contact the City Clerk’s
Depavtment, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for
assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8 771 (TDD) or
(800) 955-8770 (VOICE), for assistance. If a person decides to appeal any decision made by the Council,
with respect to any matter considered at such meeting or hearing, they will need a record of theproceedings,
and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based
NOTE:
All presentation materials must be received by
the City Clerk prior to the presentation to the Council.
Ordinance 35,2004 - The Sanctuary PBG HOA, Inc. Lake Access
\ l=ask the City Attorney to briefly explain tonight’s proceed&
Chris Tonight’s hearing will be limited to the completion of the public
hearing held on October 7, 2004 for first reading of the ordinance.
There will be a second reading and public hearing on this ordinance,
as well as the companion resolution.
1. The Council will disclose any ex parte contacts made since the hearing
on October 7,2004
2. Anyone who was sworn in at the previous hearing remains under oath.
The City Clerk will administer an oath to any person who intends to
testify at this hearing who was not previously sworn in. Any person
who intends to testify at this hearing is asked to fill out a card,
which can be found at the entrance of the Council Chambers. The
purpose of this card is to provide an accurate record of an appearance
at this hearing. Please hand the card to one of the clerks in the front of
the Chambers.
3. The City staff (Mark Hendrickson) and petitioner (Sherrie Hyman and
Bob Bentz) have made their presentations
4. The following other persons have made their presentations:
Michael Gfesser
Carol Persell
5. We have old cards from:
New cards from:
Those persons will be permitted to testify and/or provide written or other
evidence for inclusion in the record. (only the members of the City
Council are permitted to ask questions).
6. After the staff, the petitioner, and other interested parties have made
their presentations, persons will be permitted to cross-examine
participants in the hearing, including the staff and the petitioner, in the
order of their appearance at the hearing.
7. Anyone who testifies at the hearing should remain until the conclusion of
the hearing in order to be able to respond to any questions.
8. Petitioner has opportunity for a brief rebuttal and summary.
9. The Mayor closes the public hearing closed, and a motion will be made
reg a rd i n g the matter.
IO. The Council will then proceed to discuss the matter and vote on the
matter.
I would also for the records like to clarify the matter that is before the
Council tonight. Ordinance 35, 2004 is a proposed amendment to
Ordinance 22, 1993, the Ordinance which originally rezoned the
Sanctuary property to PUD. Ordinance 35, 2004 ratifies the provisions
of Section 1 of Ordinance 22, 1993 and transfers Section 2 - I1 to a
separate ordinance. The first reading of Ordinance 35, 2004 is all that is
before the Council tonight. There will be a separate vote after a public
hearing on second reading There will also at that time be a vote on the
companion resolution which proposes to changes conditions of approval
of the master site plan. There is no proposed replat or vacation of plat
before the Council tonight.
Mayor
Please disclose any additional ex parte contacts
The City Clerk will now swear in all persons who have not previously
been sworn who intend to offer testimony this evening.
1) Mark Hendrickson - Discussed history of ordinance and situation and staff
recommendations.
2) Sherry Hyman - Petitioner's Presentation - Spoke for 12 minutes. Wants to
reserve time after Mr. Gfesser's presentation to address comments.
3) Bob Benz with Land Design South - Spoke for 5 minutes Power Point
Presentation
4) Michael Gfesser- Presented evidence. Spoke for 18 minutes and 45 seconds.
Wants time to cross examine witnesses.
5) Carol Persell - Science teacher - talked about poor quality of lake and lake
dying.
Please Print f
ORDIYANCE # ___
Name: C9AOLYVV c HflPc\K
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.
Subject: ,.
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIC
Request to Address City Council
Please Print
Address: J 36
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: flbl AJ it?d“$6y
[ -*’J “ ’, Address: fflbb 80 L
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
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: YB G
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUS (3 \SI-.II I)I( I‘U ) /;
- --__ - Request to Address City Counci KI so ++
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
Pldase Print
of the public may address the City Council during the “Comments by the Public”
the agenda and during “Public Hearings”. This Request to Address the City
be delivered to the City Clerk prior to the commencement of the meeting.
for each speaker is limited to three (3) minutes.
COMMENTS FROM THE PUBLIP
Request to Address City Council Q[I.ASI-.JliDICIAL Y - N -_
ORDINANCE #
Please Prin
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 Q~~~~SI-JI~DIC~AL, \. __ N
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ORDINANCE #
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Members Of the public may address the City Council during the “Comments by the Public”
podion of theagenda 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 fqFleach speaker is limited to three (3) minutes.
*. -, r
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
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 PUBLIP Request to Address City Council Q[ iSI-J[ Dl(.111,~ -- __
Please Print HESO ## -
OPDIN \N<‘E # ____- 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 Ad ss City Council
Please Print
U
Members of the public may address the City Council during the “Comments by the Public”
portion of the agenda and during “Public Hearings”. This Request to Address the City
Council must be delivered to the City Clerk prior to the commencement of the meeting.
The time limit for each speaker is limited to three (3) minutes.
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CITY COUNCIL MEETING 10/21/04
PROPOSED ADDITIONS, DELE’I’IONS AND MODIFICATIONS
ADDITIONS: Under Consent:
Resolution 194,2004
Appointing Theresa LePore to the City’s canvassing
board.
This Resolution authorizes the Supervisor of Elections
to conduct the Logic and Accuracy testing of the voting
equipment and to tally the Absentee Ballots.
DELETIONS NONE
M OD1 FICATIONS: Under Part I - Ouasi-Judicial
- 1. Resolution 200,2004 - Seacoast Utility Authority
Elevated Water Tower Tank.
There has been a modification to the language in
Section 4, Item 1.
A copy has been provided for each of the Council.
Under Part 11- Non-Ouasi Judicial
- 2. Ordinance 36,2004 - Proposed Annexation for a 61.9
Acre Parcel off of Northlake Boulevard.
The agent for the petitioner has requested a postponement
until this petition can be heard simultaneously with the
proposed comprehensive plan amendment and site plan
approval.
A copy of the letter from F. Martin Perry, agent for the
petitioner dated October 18,2004 has been provided for each
of the Council.
When we get to this item under public hearing, I will
entertain a motion to postpone.
F. MARTTIN PERRY
SUSAN L. TAYLOR
Sent via facsimile: 561/799-4281
October 18,2004
Charles Wu
Growth Management Administrator
City of Palm Beach Gardens
10500 North Military Trail
Palm Beach Gardens, FL 33410
Peny & Taylor, P.A.
2401 PGA Boulevard, Suite 110
Palm Bcach Gardenr, FL 3341 0
TELBPHONE (561) 721-3300
FAX(561)721-2111
Re: Spear Group - Northlake 'Property
Petition for Annexation, Camp Plan Amendment and Rezoning
Dear Charles:
Please allow this to confirm our conversation, about a week and a half ago, regarding the above
referenced petitions. As discussed, my client wishes to postpone the second reading on the annexation
petition until such time as it can be heard simultaneously with the proposed comprehensive plan
amendment and site plan approval. It has always been our clear understanding, basad on our meetings
and discussions with the City Staff, that the proposed annexation, comprehensive plan amendment and
rezoning wauld run concurrently; therefore, we do notwish to proceed unless or until these petitions are
scheduled to be heard simultaneously.
At this point, we requcst that our proposed site plan be scheduled far review by the Planning and Zoning
Board at the earliest possible time so that it may proceed to first reading before the City Council.
Proceeding in this manner will allow all three petitions to be heard on final approval before the City
Council at the saine time. Please provide us with the Planning and Zoning Board schedule so that we
may plan accordingly.
Please contact me if you should have any questions.
li
Best wishes.
Very truly yours,
F. Gmdw$,w Martin Perry
FMP/sc
cc: Christine Tatum, Esq.
Ron Ferris, City Manager
Dodi Glas
Jeff Spear
OCT-18-2004 MUN 04:59 PM PERRY & TAYLOR, P, A, FAX NO, 561 721 2111 P, 02/02 .- .- -- - .-
Council Meeting: October 21,2004
Resolution 200,2004
Proposed Revision
ge
SECTION 4. This approval shall be in compliance with the following plans
on file with the City’s Growth Management Department:
1. Seacoast Utilitv Authoritv Elevated Water Tower Tank Elevation (one
sheet total), prepared by Mock Roos, revision date February 26,
2004. received by the Citv on October 19, 2004.
2.
3.
4.
5.
6.
Site Plan (1 sheet total), prepared by Urban Design Studio, dated
June 16,2004, received by the City on June 17, 2004.
Overall Alternative Landscape Improvement Plan (one sheet),
prepared by Urban Design Studio, dated, May 14, 2004, received by
the City on June 1 , 2004.
Landscape Plan (sheets 2 - 4), prepared by Urban Design Studio.
Monument sign, prepared by Urban Design Studio, dated April 14,
2004, received by the City on May 18, 2004.
Reclaimed Water Booster Pump Station (sheets C-1 and C-2),
prepared by LBFH, received by the City December 24,2003.
PALM BEACH GARDENS
A Signature City
Despite the recent devastation caused by Hurricanes Frances and Jeanne,
the City of Palm Beach Gardens parks facilities sustained minimal damage.
While the total cost of damage was approximately $500,000, that number
could have been much higher considering the strength of both storms. The
City of Palm Beach Gardens responded extremely well to both Hurricanes,
and the proof is the efficiency with which the city resumed operations.
L I v E
A
LEARN
WORK
Immediately after the Hurricanes, all parks facilities were closed due to public
safety concerns. Parks crews and city staff were utilized to assist with
I E neighborhood debris clearing efforts. These relief efforts were a crucial
element in the post-storm recovery process. They helped residents resume
their lives as quickly as possible. The work was rewarded with the
appreciation of the residents that were helped.
G A R D E N s
The city contracted with sports lighting and fencing companies to assess the
damage of parks facilities, making safety the number one concern. Damage
included hanging light fixtures, bent backstops, fallen trees, and other debris.
Immediately following the completion of the damage assessment, the staff
removed debris from all parks facilities. In some cases, such as PGA National
Park which lost over 70 trees, it was truly a struggle. Thanks to the efforts of
the city’s debris removal contractor, Grubbs, it was accomplished as quickly
as possible. After two weeks, the city began repairs and facilities re-opened.
Hurricane Jeanne produced a more dramatic effect on the parks facilities,
increasing the initial impact and resulting in greater damage to buildings,
fencing, and sports lighting. Repairs that had been made to the facilities after
Hurricane Frances were once again damaged by Hurricane Jeanne. Again,
our lighting and fencing contractors made safety assessments and scheduled
repairs. The parks were initially opened with limited use due to the loss of
lighting. The facility lighting contractor evaluated the city sports lighting
systems in all parks facilities and determined them safe for use. The city
opened all but five park facilities for lighted activities.
Those facilities not available were Plant Drive Baseball Field, Plant Drive
Basketball Courts, Plant Drive Roller Rinks, PGA Park Tennis Courts, and
Gardens Park Baseball Fields 5-8. In addition, all the baseball fields at
Gardens Park were not available for multiple field contests due to the safety
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netting being completely destroyed in Hurricane Jeanne. Therefore, use of
those fields was limited to single contests, practices, and clinics. The YAA
Baseball subsequently cancelled its fall season.
There were several parks with limited damage that were able to resume
normal schedules very quickly following Hurricane Jeanne. These included
Mirasol Park where Youth Football is held, and Gardens Park Soccer fields
where Youth Soccer takes place.
To date all parks facilities are open except for the Plant Drive Baseball Field
which requires extensive repairs to the fencing and lighting. It is anticipated
that the necessary fence repairs will be completed by October 2!jth, and
daytime play will be resumed. Sports lighting repairs are on going, but due to
the unavailability of materials, it may take until November 15ith to have all
fixtures installed and re-aiming completed.
The efforts taken by the City of Palm Beach Gardens are first and foremost to
ensure that the parks facilities are safe for play and available as quickly as
possible to the residents. Facilities that are closed are done so for the
protection of residents. Contact the City of Palm Beach Gardens for updated
information on parks.