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Home My WebLink AboutAgenda Council Agenda 100704 City of Palm Beach Gardens Council Agenda October 7, 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 7, 2004 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. (Page 5) Presentation of the Florida Recreation and Parks Association Distinguished Young Professional of the Year award. V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. (Page 9) Approve Minutes from the August 19, 2004 Regular City Council meeting. b. (Page 18) Approve Minutes from the September 1, 2004 Special City Council meeting. c. (Page 20) Approve Minutes from the September 8, 2004 Emergency City Council meeting. d. (Page 26) Approve Minutes from the September 14, 2004 Regular City Council meeting. IX. PUBLIC HEARINGS: Part I – Quasi a. (Staff Report on page 29, Ordinance on page 36, Resolution on Page 39) Ordinance 26, 2004 – (1st Reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending ordinance 10, 1999 relating to the Village Square Professional Park Phase II Planned Unit Development to transfer the master plan approval and related conditions to a separate Resolution; and providing an effective date. Resolution 164, 2004 is a companion item to Ordinance 26, 2004 and will require Council action only on second reading. Resolution 164, 2004 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Village Square Professional Park Phase II Planned Unit Development (PUD) located on the West side of Prosperity Farms Road South of its intersection with RCA Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. b. (Staff Report on page 73, Resolution on page 82) 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. c. (Staff Report on page 117, Ordinance on page 140, Resolution on Page 143 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. 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 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. Part II – Non-Quasi X. RESOLUTIONS: a. (Staff Report on page 170, Resolution on page 190) 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 195, Ordinance on page 198) 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 210, Ordinance on page 212) Ordinance 41, 2004 – An Emergency Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the construction, reconstruction, and repair work on structures damaged by Hurricane Frances and Hurricane Jeanne; authorizing the City Manager to implement necessary modifications to the development review and building permit process; and providing an effective date. XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: 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 Agenda Cover Memorandum Date Prepared: August 23,2004 Meeting Date: October 7, 2004 SubjectlAgenda Item: Presentation for Community Services staff member Richard Audet to be recognized for being named the Florida Recreation and Parks Association Distinguished Young Professional of the Year. [XI Recommendation to APPROVE [ ] Recsmrircndation to DENY Reviewed by: t City Attorney Finance Administrator Submitted by: JacA Doughney epartment u Administrator Approved by: WJ City Madaaer Originating Dept.: Recreation Justin Luc Superinten Charlotte Presensky, Recreation Director Advertised: N/A Date: Paper: [ x] Not Required Affected parties [ ] Notified / [ x ] Not required costs: $M (Total) $M Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ] Approved [ ]Approved w/ conditions [ 3 Denied [ ] Continued to: Attachments: 0 City of Palm Beach Gardens Agreement with Palm Beach Gardens Youth Athletic Association [ ]None Date Prepared: August 23,2004 Meeting Date: October 7,2004 BACKGROUND: The Florida Recreation and Parks Association, Inc. (FRPA) is a non- profit organization dedicated to the promotion, preservation, and advocacy of the recreation and parks profession. The FRPA distinguishes one professional annually to receive this award. Richard Audet was nominated and selected to receive this award at the annual FRPA State Conference banquet on Thursday, September 2, 2004. Richard is a Recreation Supervisor for the City of Palm Beach Gardens and has been an employee for the past two years. Criteria for Selection: 0 The indMdud ltwsf have completed at least one year and no more than five years in a professional, full-time position The individual must exhibit leadership, inspiration, and must have made noteworthy contributions over a period of time to the parks, recreation and leisure services movement. The nominee must have been a member of the FRPA for at least one year prior to the nomination STAFF RECOMMENDATION: Staff recommends this recognition be presented. Florida Recreation and Park Association, Inc. 2004 Distinguished Young Professional Award M.w- %.Hn -e%==? The Distinguished Young Professional Award will be presented annually to those in the field of parks, recmation or leisure services for a period of no more than five years. Criteria for Selection: The individual must have been employed for a period of at least one year and no more than five years, in a professional, full-time position. The individual must exhibit leadership, inspiration, and must have made noteworthy contributions over a period of time to the parks, recreation and leisure services movement. The nominee must have been a member of FRPA for at least one year prior to the nomination, and must have displayed evidence of active participation in FRPA and their community. . . Name of Nominee Agency where Nominee is Employed Nominee Address Ci ty/Sta te/Zi p Nomina tor's Name Nominator's Address City/State/Zip Nominator's Phone FAX Date of Graduation from College Current Work Status Full Time Part Time FRPA Young Professional Award Page Two Employment History of Nominee: Agency Posit ion From To Nominee has demonstrated their leadership ability in the following ways: Noteworthy contributions to the field of parks, recreation or leisure services, made by the Nominee: Nominee has been an FRPA Member since Nominee's involvement with FRPA (district or interest section level, committees, etc.) Nominee's community involvement (civic organizations, volunteer work, etc.) Award Forms must be received no later than June 1, 2004. Completed Nomination Forms should be returned to: FRPA Executive Office - Awards Nomination 41 1 Office Plaza Drive Tallahassee, FL 32301-2756 RETURN ORIGINAL AND 8 COPIES - Submissions will not be accepted without the appropriate number of copies NOFAXESACCEPTED CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING August 19, 2004 The August 19, 2004 Regular Meeting and Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 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, Councilmember Delgado, and Councilmember Levy. ADDITIONS, DELETIONS, MODIFICATIONS: Mayor Jablin requested a motion for addition of Resolution 192, 2004, under RESOLUTIONS as Item E; requested modification of Ordinance 38, 2004, and to move Ordinance 38, 2004 immediately following the consent agenda to allow the consultant to leave after this item. Councilmember Delgado made the motion, seconded by Councilmember Levy, and unanimously carried by 4-0 vote. ANNOUNCEMENTS / PRESENTATIONS: Third Quarter Financial Report - Finance Director Allan Owens presented the financial information for the third quarter, which he compared to the prior year, and reviewed significant items. Vice Mayor Russo requested a report on the golf course before October. Councilmember Delgado questioned where the money was from Downtown at the Gardens. Mayor Jablin indicated that was designated for cultural use in the Municipal Complex Plaza. The City Manager explained that money was in the general fund in a specifically designated line item, and had not been budgeted for expenditure this coming year. Award presentation to Fire Medic Jesse Egert - C. R. Brown presented accomplishments of Fire Medic Egert, and he was presented with a plaque for being nominated for the Palm Beach County Paramedic of the Year. Chief Bergel reported the Fire Rescue Explorer Post had participated in their first regional competition and had placed third. A moment of silence was observed for a Broward County sheriff deputy killed that day in the line of duty. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported she and the Mayor had attended the DARE graduation and reported a meeting had been set up with the Police Department and school officials expressing the City’s support for this program in all of the schools, and as a result the program would remain in operation. Police Chief Stepp described the programs that were planned for the schools. Councilmember Levy provided a report from the last meeting of the Loxahatchee River Management Coordinating Council that they had taken a position not to locate Scripps at the Mecca site which he did not support, and requested water management not to do any permitting for Scripps on the Mecca site for one month so they would have time to determine the impact on the river, but the water management district had passed it. Councilmember Levy reported he had visited the Palm Beach aggregate pit and determined it was a good place to store water. Vice Mayor Russo thanked staff and the council for the previous day’s news conference on Scripps, and clarified that 7500 homes would not be built if the Scripps project did not go forward. Mayor Jablin and the City Manager agreed. Jack Harrison, the bike man, was present with one of the children who had benefited from Mr. Harrison’s bikes. Mr. Harrison reported after his bicycles and tools had been stolen, Councilmember Delgado had helped, and bicycles from the Police Department had been CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/19/04 2 donated to Mr. Harrison. The boy was photographed with Councilmember Delgado, who had picked out a bicycle that was given to him. Mr. Harrison reported he had been able to realize a dream of establishing a non-profit corporation, The Mayan Family Services, which would open near Broadway in West Palm Beach, to assist the Mayan people from Central America who were primarily migrant workers. Mr. Harrison thanked the City and Councilmember Delgado for spearheading this effort. COMMENTS FROM THE PUBLIC: Pat Hughey, Reed Drive, questioned when the plan for the Brigger Tract was approved by the Council to be presented to Scripps. Mayor Jablin explained the history of how this parcel became an alternative site. There was no plan, just a packet of information, and it had been given to Scripps by the Mayor during the Council’s trip to the California Scripps site. Vice Mayor Russo explained at times things must be kept confidential. Mayor Jablin explained this happened within a 48-hour period, an opportunity presented itself, and he did what he thought was right for the city and presented the information to the people who made the decisions. Councilmember Delgado clarified the Mayor had just given them a map. It was pointed out that in the report on their trip to Scripps in California the rest of the Council was told that this had been done. The City Manager commented information was asked of the Councilmembers all the time and they all took information out and gave it to people, which was what this was, this was not unusual, and to his knowledge the Mayor had not represented that this had been approved by the Council. Councilmember Levy commented there was no policy regarding the Brigger property, so there was no reason to bring the entire Council in on it. Bob Davis commented on the school assessment of $50 for athletics, which came out of the blue and that it should have been announced at the beginning of the summer so the kids could have got this money together before school started. Mr. Davis requested the Council support a proclamation that the schools should pay this fee, not the individuals, because some of the people were poor and it would be a hardship. Mayor Jablin indicated what was needed was to go to the School Board to try to get them to change their policy. Mr. Davis discussed the city council raise and felt the headline in the newspaper was bad and he felt the Councilmembers had more responsibility and this was a catch-up for the last 13 years. Mr. Davis suggested yearly raises based on cost of living so it would not be such a large number in the future, and stated he supported the raise. Mayor Jablin commented the annual raise based on cost of living was included in the agenda item on this subject, to be presented later in the meeting, and clarified it had been 11 years since the last raise. CONSENT AGENDA: Councilmember Levy made a motion to approve the consent agenda. Vice Mayor Russo seconded the motion, which carried by unanimous 3-0 vote. The following items were approved on the consent agenda: a. Approve Minutes from July 15, 2004 regular City Council meeting. b. Resolution 154, 2004 – Election Canvassing Board. A Resolution of the City Council of the City of Palm Beach Gardens, Florida appointing the Palm Beach County Election canvassing board as an additional member to the City’s canvassing board and authorizing the Palm Beach County election canvassing board to act on the City’s behalf; and providing an effective date. c. Resolution 155, 2004: PGA Commons – Special Event Application. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a two-month long special event application at PGA Commons one and PGA Commons three to be held every Wednesday night during the CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/19/04 3 months of August and September generally located on the South side of PGA Boulevard, one mile West of Military Trail; providing for conditions of approval; and providing an effective date. d. Resolution 170, 2004 -- Approving a work authorization to LBFH. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization for engineering services with LBFH, Inc., to provide engineering and surveying services related to the canal restoration and storm water projects; authorizing the Mayor and the City Clerk to execute the same; and providing an effective date. e. Proclamation – Good Neighbor Day. ORDINANCE: Ordinance 38, 2004 – 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--for consideration of first reading. Finance Director Allan Owens presented the staff report. Dr. James Nicholas, consultant, provided a presentation and explained the majority of public safety demands came for residential, calling for adjustments to the impact fees; then answered questions from the Council. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 38, 2004. Scott Worley representing Gold Coast Builders Association as their Vice Chair of Government Affairs, requested time to review this study and come up with a joint agreement, and expressed concern regarding the amount of increase as well as phasing in of the fees. Jennifer Butler, representing Realtors Association of the Palm Beaches, expressed concern regarding increased fees being passed to home buyers, and requested time to review the proposed increases and requested phasing in over a year. Councilmember Delgado reported she needed more time to review the ordinance, and expressed concern staff had recommended the opposite of everything recommend by P&Z. Dr. Nicholas answered questions regarding the methodology. Vice Mayor Russo indicated Dr. Nicholas was one of the premier experts on this in the State, and recommended passing this ordinance on first reading and waiting 30 days to bring it back for second reading, which would allow time for review and agreement on the numbers, then if necessary other delays could be considered. Vice Mayor Russo favored phasing. City Manager Ferris advised it was the responsibility of the Council to assure costs of providing services were paid by those who impacted those costs, and suggested second reading on September 21 to allow time to work out issues. Mr. Worley answered questions regarding when impact fees were paid. Vice Mayor Russo suggested Mr. Worley advise the people in his association to begin adding a provision in their contracts that if there was an increase in impact fees that the buyer was responsible for it, because he did not want a long phasing-in period. Mayor Jablin encouraged Mr. Worley to work with staff to work out any differences by September 21. Vice Mayor Russo made a motion to place Ordinance 38, 2004 on first reading by title only. Councilmember Delgado seconded the motion. The City Clerk read Ordinance 38, 2004 on first reading by title only. Motion carried by unanimous 3-0 vote. PUBLIC HEARINGS: Part I – Quasi – Judicial The City Clerk swore in all those intending to testify in any of the quasi-judicial cases on tonight’s agenda. CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/19/04 4 Resolution 153, 2004 – Conditional use approval – Seacoast Utility Authority PGA WWTP. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an expansion to an existing conditional use to allow the existing Seacoast Utility Authority Waste Water Treatment Plant facility, located at the intersection of Nursery Lane and Jog Road, as more particularly described herein, to upgrade and expand its current operations; and providing an effective date. The City Clerk read Resolution 153, 2004 by title. Planner Autumn Sorrow presented the staff report. Anne Booth, Urban Design Studio, provided a presentation on behalf of the applicant. Rim Bishop, Executive Director of Seacoast Utility, answered questions from the City Council. Mayor Jablin declared the public hearing open and called for any ex-parte communications. Councilmember Delgado reported talking with staff; Councilmember Levy reported speaking with Rim Bishop before he was on the City Council; Mayor Jablin and Vice Mayor Russo reported none. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy made a motion to approve Resolution 153, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote. Ordinance 31, 2004 – Batt Private School – (1st reading) 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. The City Clerk read Ordinance 31, 2004 on first reading. Senior Planner Kara Irwin presented the project. Ms. Irwin explained that Resolution 145, 2004 was a companion item to Ordinance 31, 2004, and would be considered for approval on second reading of the ordinance. 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. Councilmember Delgado reported speaking with staff; all other members of the Council reported no ex-parte communication. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado moved to place Ordinance 31, 2004 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 4-0 vote. Resolution 159, 2004 – Gardens Mall Remodel and Expansion. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a site plan amendment for the Gardens Mall located within the Regional Center Development of Regional Impact (DRI)/Planned Community Development (PCD) located on the Northeast corner of the intersection of Alternate A1A and PGA Boulevard, as more particularly described herein, to allow: (1) the construction of a 144,000 square-foot Nordstrom department store in the location of the existing Burdines building; (2) the expansion of Macy’s department store by 90,000 square feet; (3) the expansion of the Saks Fifth Avenue department store by 35,000 square feet; (4) the expansion of the Gardens Mall by 32,000 square feet of gross leasable floor area; (5) a reduction in the parking ratio for the Gardens Mall site; and (6) minor modifications to portions of the Gardens Mall parking lot; providing for waivers; providing for conditions of approval; and providing an effective date. The City Clerk read Resolution CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/19/04 5 159, 2004 by title. Senior Planner Mike Sanchez presented the project, and answered questions from the City Council. Sid Forbes spoke on behalf of the applicant. It was clarified that by allowing Art in Public Places to be located inside the mall that was not setting a precedent for other projects to place art inside, since this was a unique situation where the inside was also public. Mayor Jablin declared the public hearing open, and declared ex-parte communication that he had had many conversations with Mr. Forbes and others from Gardens Mall over the past six months; Vice Mayor Russo reported conversations 3-4 months ago regarding what they were planning to do; Councilmember Delgado reported she had met with staff on this project. Councilmember Levy indicated no ex-parte communication. A member of the audience urged that building begin. Hearing no further comment from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy made a motion to approve Resolution 159, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 4-0 vote. Part II – NON QUASI-JUDICIAL Ordinance 25, 2004 – City Code Amendment to Section 78-186. (2nd reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to fence height; amending Section 78-186, Code of Ordinances, entitled “Yards”; providing for codification; and providing an effective date. The City Clerk read Ordinance 25, 2004 by title on second reading. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado made a motion to approve Ordinance 25, 2004 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 4-0 vote. Resolution 160, 2004 – Transmittal of an Amendment to the City's Comprehensive Plan to Remove of a Portion of Victoria Falls Blvd. from the City’s Conceptual Thoroughfare Plan. Transmittal Hearing: A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the transmittal of an amendment to Map ‘O’ of the transportation element of the Comprehensive Plan of the City of Palm Beach Gardens to delete the portion of Victoria Falls Boulevard extending from Military Trail to Alternate A1A from the City’s Conceptual Thoroughfare Plan; and providing an effective date. Senior Planner Michael Sanchez presented the staff report. Mayor Jablin declared the public hearing open. Carolyn Chaplik indicated the Board of The Isles was in favor of removing this from the thoroughfare plan. Councilmember Levy indicated the only reason he would vote for this was it would impact the quality of life for residents of The Isles. Mayor Jablin closed the public hearing. The City Clerk read Resolution 160, 2004 by title. Vice Mayor Russo made a motion to approve Resolution 160, 2004. Councilmember Delgado seconded the motion, which carried by unanimous 4-0 vote. Ordinance 28, 2004 – Satellite Universities in the Professional Office zoning district (2nd reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to Satellite Colleges or Universities; amending Section 78-751, Code of Ordinances entitled “Definitions” to include Satellite College or University; amending Section 78-159, Code of Ordinances entitled “Permitted Uses, Conditional, and Prohibited Uses” to allow Satellite Colleges or Universities to be located within the Professional Office (PO), General Commercial 1 (CG1), General Commercial 2 (CG2), Research and Light Industrial (M1), Light Industrial(M1A), and Public or Institutional (P/I) Zoning Districts as a conditional use; and providing for codification; and providing an effective date. The City Clerk read Ordinance 28, 2004 by title only on second reading. Mayor Jablin declared the public CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/19/04 6 hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Delgado made a motion to approve Ordinance 28, 2004 on second reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 4-0 vote. Ordinance 29, 2004 – Revise Development Approval Process. (2nd reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to review of applications for Development Order Approval; amending Section 78-42, Code of Ordinances, entitled “Concurrency Required” relating to Developments of Regional Impact; amending Section 78-43, Code of Ordinances, entitled “Review of Applications for Development Approval” relating to mandatory Planning, Zoning and Appeals Board Workshops and certain mandatory waiting periods for public hearings and workshops; amending Section 78-44, Code of Ordinances, entitled “Concurrent Processing” to provide greater discretion to the City Council to allow concurrent processing of development approvals; amending Section 78-46, Code of Ordinances, entitled “Application Procedures” relating to Concurrency and Developments of Regional Impact; providing for codification; and providing an effective date. The City Clerk read Ordinance 28, 2004 by title only on second reading. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy made a motion to approve Ordinance 29, 2004 on second reading by title only. Councilmember Delgado 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 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. The City Clerk read Ordinance 36, 2004 on first reading by title only. The City Clerk announced that Resolution 157, 2004 and Resolution 158, 2004 are companion items to Ordinance 36, 2004 and will require Council action on first reading. The City Clerk read Resolution 157, 2004 and Resolution 158, 2004: 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. Planner Autumn Sorrow presented the combined staff report for Ordinance 36, 2004, CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/19/04 7 Resolution 157, 2004, and Resolution 158, 2004. Ms. Sorrow advised that earlier this week, the County Commission had voted to place a resolution on the ballot in November that would require a super majority vote of the County Commission before an annexation request could be heard before a municipality, but if passed, this annexation would not be affected. Servicing the area and the land use designation were discussed. Marty Minor, Urban Design Studio, spoke on behalf of the applicant. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 36, 2004. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Staff advised that Carlton Oaks and Osprey Isles were considering annexing into the City. Vice Mayor Russo expressed concern this would begin urban sprawl if Scripps did not locate on the Mecca site so he would not vote for it. Councilmember Levy also expressed concern. Councilmember Delgado made a motion to place Ordinance 36, 2004 on first reading by title only. Jeff Spear spoke on behalf of the applicant. Because there was no second to the motion, a substitute motion was made by Councilmember Delgado to postpone first reading of Ordinance 36, 2004 to a date certain of September 21, 2004. Councilmember Levy seconded the motion, which carried by unanimous 4-0 vote. Mayor Jablin declared the public hearing open, held on the intent of Resolution 157, 2004. There were no comments from the public. Councilmember Delgado made a motion to continue the public hearing for Resolution 157, 2004 to a date certain of September 21, 2004. Councilmember Levy seconded the motion, which carried by unanimous 4-0 vote. Mayor Jablin declared the public hearing open, held on the intent of Resolution 158, 2004. There were no comments from the public. Councilmember Delgado made a motion to continue the public hearing for Resolution 158, 2004 to a date certain of September 21, 2004. Councilmember Levy seconded the motion, which carried by unanimous 4-0 vote. RESOLUTIONS: Resolution 148, 2004 – Approve an agreement with Ranger Construction, Inc. for roadway improvements. A Resolution of the City Council of the City of Palm Beach Gardens, Florida considering approval of a proposal for pavement resurfacing services in the amount of $380,000 to Ranger Construction Industries, Inc. via a piggyback of Palm Beach County contract 2004051; authorizing the Mayor and City Clerk to execute said agreement; and providing an effective date. Councilmember Levy made a motion to approve Resolution 148, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 3-0 vote. Resolution 150, 2004 – Fiscal Year 2004/2005 Master Fee Schedule. A Resolution of the City Council of the City of Palm Beach Gardens, Florida updating the schedule of fees and charges for various services rendered by the City of Palm Beach Gardens for its citizens and other members of the public for fiscal year 2004/2005; and providing an effective date. Vice Mayor Russo made a motion to approve Resolution 150, 2004. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. Resolution 163, 2004 – Authorizing the issuance of the Public Safety Equipment Note. A Resolution of the City Council of the City of Palm Beach Gardens, Florida authorizing the issuance of a not-to-exceed $500,000 City of Palm Beach Gardens, Florida Public Safety Equipment Acquisition Note, Series 2004, to finance the acquisition of fire-fighting apparatus; awarding such note to RBC Centura Bank by negotiated sale; fixing the denomination, maturity, interest rate, redemption provisions, and other details with respect to such note; designating the City as the paying agent and registrar for such notes; and providing an effective date. Councilmember Levy moved approval of Resolution 163, 2004. CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/19/04 8 Vice Mayor Russo seconded the motion, which carried by unanimous 3-0 vote. Resolution 167, 2004 is a companion item to Resolution 163, 2004: Resolution 167, 2004 – Purchase of Self – contained breathing apparatus. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the purchase of self- contained breathing apparatus from Fisher Scientific Company, LLC via a piggyback of Florida Department of Management Services’ contract 490-000-03-1; authorizing the Mayor and City Clerk to execute said contract; and providing an effective date. Councilmember Levy moved approval of Resolution 167, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 4-0 vote. Resolution 192, 2004 – Joint meeting with the County. A Resolution of the City Council of the City of Palm Beach Gardens, Florida urging the Board of County Commissioners of Palm Beach County to schedule a joint meeting between the Board and the Council to discuss cooperative joint planning efforts for the Mecca Farms and Vavrus properties for the Scripts Research Institute and related economic development projects; and providing an effective date. Councilmember Delgado moved approval of Resolution 192, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 4-0 vote. ORDINANCES: Ordinance 33, 2004 – 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. The City Clerk read Ordinance 33, 2004 by title only. Finance Director Allan Owens presented the amendment and staff answered questions from the Council. Councilmember Delgado made a motion to place Ordinance 33, 2004 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 4-0 vote. Ordinance 34, 2004 – 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. The City Clerk read Ordinance 34, 2004 by title only. Resident Linda Hughey asked if insurance for the new Councilmember elected in August would be included if a catastrophic illness occurred before the end of their term, which was answered yes; if someone who resigned had not completed a term, no. It was clarified there was no cost to the City. Vice Mayor Russo made a motion to place Ordinance 34, 2004 on first reading by title only. Councilmember Levy seconded the motion. Vice Mayor Russo commented he was not 100% comfortable with the number but did not want to vote against it. The motion was withdrawn; the second was withdrawn, in order for resident Tom Sousa, to speak against the increase. Mr. Sousa presented alternatives to comparisons with other municipalities and asked that Ordinance 34, 2004 be revised to give each Councilmember the same amount, that the amount of increase be determined by referendum; the referendum should present a choice of selecting either a $4,000 or $12,000 increase; and that subsequent annual increases be indexed to the consumer rate of inflation. Joan Elias, Diamondhead Way, asked if there would be a public hearing on this, and indicated she felt the Council should get an increase. Vice Chair Russo moved Ordinance 34, 2004 be placed on first reading by title only. Councilmember Levy seconded the motion. Vice Mayor Russo reported mixed emotions and wanted the number to be 14, but he had seen what other cities were doing, so was voting for it. Mayor Jablin recalled voting for an increase 11 years ago and it more than doubled the existing salary at that time, and he felt all deserved the proposed amount. The CITY OF PALM BEACH GARDENS REGULAR MEETING, 8/19/04 9 vote on the motion carried 4-0. CITY ATTORNEY REPORT: The City Attorney reported final judgment had been received in the Vavrus federal court case and all counts were dismissed. Notice of appeal of the State court case had been received. ANNOUNCEMENT: Volunteer and Advisory Board Recognition Dinner – to be held September 30, 2004 at 6:00 p.m. Details were being worked out. Councilmember Delgado commented all information on the boards was on the website and an application could be downloaded. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 10:56 p.m. APPROVAL: ____________________________________ MAYOR JABLIN ____________________________________ VICE MAYOR SABATELLO ____________________________________ COUNCILMEMBER CLARK ____________________________________ COUNCILMEMBER RUSSO ____________________________________ COUNCILMEMBER DELGADO ATTEST: ____________________________________ PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING September 1, 2004 The September 1, 2004 Special Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 1:21 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, and Councilmember Levy. Councilmember Delgado was absent from the meeting. ITEMS FOR COUNCIL ACTION/DISCUSSION: Scripps - Mayor Jablin announced that everyone had in front of them copies of a cover letter dated August 8, 2004 from County Commissioner Marcus to The Honorable Alice E. Sullivan and Richard Lerner, sending the alternate site report to these individuals who were on the Scripps board. The report discussed alternative sites and what these would offer Scripps to come off of Mecca. Also each Councilmember had in front of them a Resolution passed by the Town of Jupiter in emergency session welcoming Scripps to the Town of Jupiter should they select a site in Jupiter. This meeting had been called to discuss things the City might do to welcome Scripps to Palm Beach Gardens and to Abacoa. The Mayor of Jupiter and their Town Manager had met with Mayor Jablin that morning to discuss the two possible sites in this area, Brigger in Palm Beach Gardens and Parcel 19 in Jupiter. Jupiter’s Mayor was interested in selection of the Brigger site, which would benefit Abacoa. There was considerable space in Jupiter to accommodate satellite businesses. Mayor Jablin reported there had also been discussion of the possibility of writing a letter from the two cities to Scripps expressing interest in bringing Scripps to this area. Commissioner Marcus had been very supportive of today’s meeting. Staff presented an aerial showing the Brigger site and reported the owners were very interested in selling to Scripps. Resolution 191, 2004 welcoming Scripps to the Brigger site should that be their decision was presented for review by the Council. Councilmember Levy questioned whether WCI would continue with their approved golf course if Scripps came to this area, to which the City Manager responded he had no way of knowing and therefore could not respond. Councilmember Levy noted there were uplands and wetlands on the Brigger property which would have to be mitigated. The City Manager noted City code allowed off-site mitigation, money in lieu of, or a combination including preserve around a buffer area. It was reported that wetlands mitigation was being discussed by the property owner. Project Manager Natalie Wong commented exact numbers would be done in the permitting process. The County would be the purchaser of the Brigger property. If the Mecca site was chosen as the mitigation bank it was possible mitigation could be done there. Vice Mayor Russo commented parcel 5B could be a satellite site option, and expressed his opinion that Scripps coming to the Brigger site could save North County, and the City should offer anything they could to the east such as 5B and possible redevelopment of NorthCorp. The environmental and traffic issues with Mecca made this a better choice, and the Vice Mayor complimented the county for trying to locate Scripps to the east. Mayor Jablin recommended passing the proposed resolution as well as drafting a letter to be co-authored by Jupiter’s Mayor to show unity in welcoming Scripps to this area. Vice Mayor Russo made a motion to approve Resolution 191, 2004. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. CITY OF PALM BEACH GARDENS SPECIAL MEETING, 9/01/04 2 Councilmember Levy made a motion giving Mayor Jablin authority to draft a letter to Scripps in concert with Jupiter and possibly with the county. Vice Mayor Russo seconded the motion, which carried by unanimous 3-0 vote. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 1:36 p.m. APPROVAL: ____________________________________ MAYOR JABLIN ____________________________________ VICE MAYOR RUSSO ____________________________________ COUNCILMEMBER DELGADO ____________________________________ COUNCILMEMBER LEVY ATTEST: ____________________________________ PATRICIA SNIDER CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL EMERGENCY MEETING September 8, 2004 The September 8, 2004 Emergency Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 5:02 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, Vice Mayor Russo, and Councilmember Levy. The City Manager reported Councilmember Delgado had called at 4:15 p.m. to state she was ill and could not attend tonight. Mayor Jablin announced that this Emergency Meeting had been called because there were important items that must be considered that had been scheduled at a regular meeting scheduled for September 7, 2004 which had been cancelled due to lack of a quorum. The regular meeting scheduled for the previous evening did not have a quorum and since all Councilmembers had agreed to attend, a police officer had been sent to the individual’s home who did not show up and learned that individual was ill. The Town of Lake Park Council had shown up and subsequently rescheduled their item to October 7. Vice Mayor Russo stated for the record his flight had been delayed because of the hurricane which was why he had not been able to attend; however, Mayor Jablin indicated that had been known and because there would have still been a quorum the meeting was to have gone forward. ITEMS OF RESIDENT INTEREST: Councilmember Levy recognized residents who had helped at the hurricane distribution center located at the North County Courthouse, and commented the best had been brought out in residents during this disaster. Vice Mayor Russo thanked staff and everyone who had contributed during this disaster. Mayor Jablin commented this had been a test for everyone and had been passed with flying colors by all the staff and City Manager, and thanked everyone. Mayor Jablin thanked Frank and Herman of Boulevard Restaurant who had been feeding City staff for the past three days. Proclamations were recommended for those who had helped. A bar-b-que to thank the City workers was suggested. CITY MANAGER REPORT: Fire Chief Bergel, EOC Manager, provided a synopsis of highlights accomplished by staff over the past week. On September 2nd, essential personnel had been called in. Chief Bergel noted activation of the emergency center, creation of damage assessment teams, and initiation of debris clearance. Boulevard Restaurant and Marriott Hotel were recognized for providing food for employees. Police had worked 10-hour shifts; curfews had been established. Traffic flow at the North County Courthouse distribution center had been designed by the Police Department, which became a model for other centers. Nine hours after the storm, streets were completely passable; traffic lights were being repaired; debris pickup would begin the next day. A FEMA center was open at Burns Road Community Center. Damages, evacuations, etc., were reported. Chief Bergel reported an outstanding job by staff. Improvements over the past three years to the city’s canals had resulted in no flooding within the city. The City Manager reported the city would be reimbursed by FEMA for hurricane costs. COMMENTS FROM THE PUBLIC: Linda Hughey reported Gardens United had planned a 9/11 service which had been delayed, but a bar-b-que would bring people together, and she had never seen such camaraderie and cooperation. CONSENT AGENDA: Councilmember Levy moved approval of the Consent Agenda. Vice Mayor CITY OF PALM BEACH GARDENS EMERGENCY MEETING, 9/8/04 2 Russo seconded the motion, which carried by unanimous 3-0 vote. a. Approve Minutes from August 5, 2004 regular City Council meeting. b. Approve Minutes from August 16, 2004 Joint City Council meeting with the Town of Lake Park. c. Approve Minutes from August 18, 2004 Special Meeting. d. Resolution 166, 2004 -- Approve a renewal agreement with Glatting Jackson Kircher Anglin Lopez Rinehart, Inc. to provide Professional Park Planning and Design Services. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a renewal and amendment to an agreement for professional park planning and design services between the City of Palm Beach Gardens and Glatting Jackson Kircher Anglin Lopez Rinehart, Inc.; and providing an effective date. e. Resolution 177, 2004 –Approve a Work Authorization and Notice to Proceed to Murray Logan Construction, Inc., A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving a work authorization and notice to proceed to Murray Logan Construction, Inc. based on its existing annual public works contract dated May 6, 2004, for the restoration of the Thompson River Canal, from Vision Drive to Hickory Drive, City Project No. 2003-007/Sotrm-Water System Improvements, Phase III; and providing an effective date. f. Resolution 171, 2004 – Agreement for Professional Engineering and Surveying Services between the City of Palm Beach Gardens and LBFH, Inc. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an agreement for professional engineering and surveying services between the City of Palm Beach Gardens and LBFH, Inc.; and providing an effective date. PUBLIC HEARINGS: The following items had been scheduled for the previous evening’s meeting which had to be cancelled due to lack of a quorum: Mayor Jablin read aloud the following items: Part I – Quasi Judicial 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. 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 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 advertisement was published on August 23rd. Due to advertising requirements; this item must be rescheduled and re-advertised before Council action can be taken. Additionally, individual notices will need to be re-sent to all residents. Approximate Cost: $243.00 for legal ad and $813.28 for individual mailings to 184 residents. Ordinance 26, 2004 – (1st Reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending ordinance 10, 1999 relating to the Village Square Professional Park Phase II Planned Unit Development to transfer the master plan approval and related conditions to a separate Resolution; and providing an effective date. CITY OF PALM BEACH GARDENS EMERGENCY MEETING, 9/8/04 3 Resolution 164, 2004 is a companion item to Ordinance 26, 2004 and will require Council action only on second reading. Resolution 164, 2004 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Village Square Professional Park Phase II Planned Unit Development (PUD) located on the West side of Prosperity Farms Road South of its intersection with RCA Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. Resolution 172, 2004 – Palm Beach Gardens Medical Pavilion Sign Waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida providing for approval of a waiver from City Code Section 78-285, permitted signs, to allow for the installation of a principal tenant sign on the third floor at the Palm Beach Gardens Medical Pavilion, which is located within the Regional Center Planned Community District, ½ of a mile West from the Intersection of PGA Boulevard and Alternate A1A, as more particularly described herein; providing for a waiver; and providing an effective date. Part II – Non-Quasi Judicial 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. The required 14-day advertisement was published on August 24th. A new 14- day legal advertisement will need to be published at a cost of $189.00. Due to advertising requirements, this item must be rescheduled and re-advertised before Council action can be taken. Ordinance 34, 2004 – (2nd reading and adoption) 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. The required 14-day advertisement was published on August 24th. A new 14-day legal advertisement will need to be published at a cost of $189.00. Due to advertising requirements, this item must be rescheduled and re-advertised before Council action can be taken. Ordinance 37, 2004 – Budget for Fiscal Year 2004/2005. (1st reading) 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. Notice of this hearing was furnished to all of the residents of Palm Beach Gardens on their TRIM Notice. City staff is communicating with the State Department of Revenue and the Palm Beach County Property Appraisers Office to determine the necessary remedial advertising necessitated by the failure to hold this meeting on September 7th due to lack of quorum. State law requires that the 1st reading of the budget be between September 3rd and September 18th. It will therefore be necessary to re-schedule a meeting prior to September 18th, which meeting date cannot be held on September 16th or September 17th due to scheduling conflicts with the County and School Board. Cost of remedial advertising is undetermined but will be at least $650.00 for the display ad. 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. CITY OF PALM BEACH GARDENS EMERGENCY MEETING, 9/8/04 4 This comprehensive plan amendment was advertised as a display ad on August 23rd at a cost of $650.00 and will need to be re-advertised at least 7 days prior to the rescheduled meeting. If this transmittal hearing is not held prior to the end of September, it will not be possible for this amendment to be considered until calendar year 2005, due to statutory restrictions on comprehensive plan amendments. THE MINIMUM COST OF RE-ADVERTISING ALL OF THE ABOVE IS $2,734.28 RESOLUTIONS: Resolution 198, 2004 – a Resolution of the City Council of the City of Palm Beach Gardens, Florida postponing the run-off election date to fill the vacancy in Council seat # 1 from September 14, 2004 until November 2, 2004; and providing an effective date. Mayor Jablin read Resolution 198, 2004 by title and also read aloud the following announcement: It is urgent that the run-off election date be modified prior to Friday, September 10th. As of September 8th, staff is aware of at least 6 polling locations that are unavailable or availability cannot be confirmed. Additionally, with major power outages and lack of phone service throughout the City, it is not possible to make contact with the 115 poll workers. Additionally, the voting equipment has not yet been picked up by the SOE to be recalibrated in time for a September 14th run-off election. There are several constraints with regard to rescheduling the election. It is likely that the voting machines will not be available for use by the City due to the L & A testing that must be performed by the SOE in preparation for the November 2nd General Election. As a result, it would then become necessary for the City to design and utilize an alternative voting method such as paper ballots. Rescheduling the run-off election to November 2nd will eliminate the need to use an alternative voting method and will save approximately $30,000, which could be better used toward the disaster recovery process caused by Hurricane Frances. The City has incurred a cost of $3,200.00. $2,200.00 for the required publication of election notices in the Palm Beach Post and $1,000.00 for the required publication of the election notices in LaPalma, which is the Spanish version required by law. The City Attorney explained it was impossible to comply with the election requirements and the earliest date it could possibly be held was the 28th or 29th of September but it was unknown if the Supervisor of Elections could provide recalibrated machines by that date; therefore, November 2nd had been determined as the earliest time an election could be held with voting machines available. It was noted a 4-person council could continue until November 2nd, and more people would be available to vote on November 2nd, as well as a $30,000 savings to the city. Discussion ensued. It was clarified it was staff’s recommendation to hold the election on November 2nd. The candidates were present and favored the November 2nd date. Councilmember Levy made a motion to approve Resolution 198, 2004. Vice Mayor Russo seconded the motion, which carried by unanimous 3-0 vote. ORDINANCES: Ordinance 40, 2004 - An Ordinance Of The City Council Of The City Of Palm Beach Gardens, Florida, Relating To The Construction, Reconstruction And Repair Work On Structures Damaged By Hurricane Frances; Authorizing The City Manager To Implement Necessary Modifications To The Building Permit Process; And Providing An Effective Date. The City Clerk read Ordinance 40, 2004 on first reading by title only. The City Attorney explained that this was an emergency ordinance and as such would go into effect with only one reading. Discussion ensued regarding a sunset date; the Mayor explained this was only specific to reconstruction caused from damages by Hurricane Frances, and would only expedite the process on those projects, therefore effectively providing sunsetting. This Ordinance was proposed since the building division anticipated that an CITY OF PALM BEACH GARDENS EMERGENCY MEETING, 9/8/04 5 extraordinary number of building permits would be necessary to accomplish repairs and reconstruction of structures damaged in the hurricane. This emergency ordinance would authorize the City Manager to take whatever steps were necessary to modify the building permitting process to ensure the timely, efficient, and safe recovery efforts in the City. Vice Mayor Russo moved approval of Ordinance 40, 2004 on first reading by title only. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. Attorney Tatum was thanked for her initiative in coming up with the idea for this ordinance. ITEMS FOR COUNCIL ACTION/DISCUSSION: Rescheduling the Regular City Council Meetings for the month of September. Mayor Jablin read the following announcement: In order to adopt the City’s budget for fiscal year 2004-2005, it will be necessary to have 2 meetings prior to the end of September. Due to advertising requirements, it will not be possible to utilize the previous meeting date of September 21st. It will have to be cancelled; it is therefore necessary to schedule a regular meeting on either September 14th or September 15th and another regular meeting on September 28th. Vice Mayor Russo made a motion to cancel the meeting date of September 21, 2004. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. Councilmember Levy made a motion to reschedule a regular meeting on September 14th and another regular meeting on September 28th. Vice Mayor Russo seconded the motion, which carried by unanimous 3-0 vote. Vice Mayor Russo asked if all this was a result of not having a quorum the previous evening, which was confirmed. Mayor Jablin reported the meeting for the previous evening was also to have included a joint meeting with the Town of Lake Park, and they had been able to open their portion of the meeting and continue the advertised public hearing to October 7, 2004. The City of Palm Beach Gardens had been unable to open their meeting due to lack of a quorum, so would incur costs of re-advertising the public hearing. By consensus the starting times of the meetings of September 14 and September 28 were set for 6:00 p.m. CITY OF PALM BEACH GARDENS EMERGENCY MEETING, 9/8/04 6 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 5:51 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 14, 2004 The September 14, 2004 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 6:03 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 Deputy 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. ITEMS OF RESIDENT INTEREST: Councilmember Delgado reported she and Councilmember Levy and the City Manager had gone out through the city to assess damage the day after Hurricane Frances and thanked all of the staff for their incredible job; and thanked Frank at Boulevard Restaurant for providing a feeding station for all the city workers, and Mr. Valeche for his help there, and described how neighbors had helped each other. Councilmember Delgado reported power and phone service had been lost, and thanked Channel 25 and the radio station for getting word out that water and ice were available. Councilmember Levy commented the public works personnel had done a great job and the City owed them a party. Mayor Jablin commented many residents had thanked him and he told them to thank the people who had worked so hard to clean up the City, and agreed with having an appreciation day to thank everyone who helped. CITY MANAGER REPORT: City Manager Ferris reported to date in-house cost for the cleanup was almost $1 million, and the City Council had early on approved a contract for debris removal with Grubbs Debris Removal, who had to date picked up about 30% of it—40,000 cubic yards, costing $800,000. The total debris removal was estimated at $2-2-1/2 million. At this point the total estimate of storm damage was $60 million. The City had the first distribution site and the first FEMA sites to open; the software tracking damages was working well, and application would be made to FEMA for reimbursement. A remarkable achievement had been keeping roadways open and after 72 hours the vast majority were open. Many public works personnel had stayed and worked straight through even though their homes were damaged and in two cases their homes were lost. Councilmember Delgado commented she was liaison to the Florida House of Representatives, representing Carl Domino, and he had written to the City that there would be a special session December 4 during which funding would be provided to reimburse expenses incurred by cities. Mayor Jablin reported he had called FPL several times to express concerns and reminded everyone they must recognize they had a herculean task that was statewide, but that they should review their plan to do better if this happened again. The Mayor reported Grubb and public works deserved a tremendous amount of credit for their cleanup work. City Manager Ferris commented the city would be preparing the FEMA paperwork and anything the legislature would do should be done after it was known what FEMA would do. The City Manager reported no flooding within the city. COMMENTS FROM THE PUBLIC: Joan Elias, 1009 Diamond Head Way, agreed this city had handled the hurricane very well, and was amazed the power had been out such a short time since people in Ft. Myers still did not have power from Hurricane Charley. She advised everyone to be grateful, and thanked city staff for their efforts. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/14/04 2 Pete Bergel commented even with the plan in place, the leadership of the City Manager had been invaluable and he should be recognized. CONSENT AGENDA: Councilmember Delgado made a motion to approve the consent agenda. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. The following items were approved on the consent agenda: a. Resolution 190, 2004 – Renewal of Preferred Government Insurance Trust. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the renewal of Preferred Government Insurance Trust Insurance Program for Fiscal Year 2004/2005; and providing an effective date. b. Resolution 193, 2004 – Renewal of Blue Cross/Blue Shield Policy. A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving the renewal of Blue Cross Blue Shield of Florida, Policy Number 91062, for Fiscal Year 2004/2005; and providing an effective date. PUBLIC HEARINGS: Part I – Non-Quasi Judicial Resolution 172, 2004 – Palm Beach Gardens Medical Pavilion Sign Waiver. A Resolution of the City Council of the City of Palm Beach Gardens, Florida providing for approval of a waiver from City Code Section 78-285, permitted signs, to allow for the installation of a principal tenant sign on the third floor at the Palm Beach Gardens Medical Pavilion, which is located within the Regional Center Planned Community District, ½ of a mile West from the Intersection of PGA Boulevard and Alternate A1A, as more particularly described herein; providing for a waiver; and providing an effective date. Planner Brad Wiseman presented the staff report. Mayor Jablin encouraged other buildings to have their signs raised when vegetation had grown to obscure their signs. Councilmember Delgado suggested the code be updated to accommodate this situation. Councilmember Delgado made a motion to pass Resolution 172, 2004. Councilmember Levy seconded the motion, which carried by unanimous 3-0 vote. Ordinance 37, 2004 -- Budget for Fiscal Year 2004/2005. (1st reading) 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 Allan Owens provided the budget presentation. A reduction from the tentative millage rate of 6.04 mils to 6.026 mills was recommended. Mayor Jablin declared the public hearing open. Deputy City Clerk Ray Ellis read Ordinance 37, 2004 on first reading by title only. City Attorney Tatum announced this hearing was being conducted in compliance with the Governor’s Supplemental Executive Order issued on September 9, 2004, which allowed the City to hold their hearing on the same night the county was holding their public hearing but at a different time. Questions from Councilmember Levy regarding the golf course were answered by the Finance Director. Mayor Jablin expressed appreciation for the professional way the budget had been prepared. Hal Valeche asked about increases in revenue and expenditures, which the Finance Director indicated were projections based on history and looking at future projects. Hearing no further comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Levy made a motion to adopt a tentative millage rate of 6.026 mils for Fiscal Year 2004-2005. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. Councilmember Levy made a motion to make an CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/14/04 3 announcement declaring that the proposed rate exceeds the rolled back rate by 9.18%. Councilmember Delgado seconded the motion, which carried by unanimous 3-0 vote. Councilmember Delgado made motion to approve Ordinance 37, 2004 on first reading adopting the tentative budget for FY 2004/2005 and to set the second and final reading for September 28, 2004 in the City Council chambers at 6 p.m. ITEMS FOR COUNCIL ACTION/DISCUSSION: Councilmember Levy commented the most prevalent reason for lost power during the hurricane was trees falling on power lines and suggested trimming trees to avoid this in the future. Councilmember Delgado suggested in new projects to clear trees along power lines as a condition of approval. Mayor Jablin announced Joan Altwater, Cypress Hollow Drive had submitted a card to speak but arrived late. Ms. Altwater commented she was very impressed with the way the city had handled the storm damage compared to other cities. Her greatest concern was raw sewage, and suggested looking at utilities throughout the city regarding tree trimming and having portable generators available in the event of another storm. Ms. Altwater thanked elected officials who had helped residents after the storm, and encouraged the city to address exotic species issues. The City Manager was to bring to Seacoast concerns that they needed to have more generators. BellSouth was commended for their backup power systems. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 7:16 p.m. APPROVAL: ____________________________________ MAYOR JABLIN ____________________________________ VICE MAYOR RUSSO ____________________________________ COUNCILMEMBER DELGADO ____________________________________ COUNCILMEMBER LEVY ATTEST: ____________________________________ RAY ELLIS DEPUTY CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: August 13,2004 Meeting Date: October 7,2004 Ordinance 26,2004 & Resolution 164,2004 ~ SubiectlAqenda Item Ordinance 26, 2004 & Resolution 164, 2004: Village Square Professional Park Phase II Planned Unit Development (PUD) First Reading: A request by Mr. Leonard G. Rubin of Boose, Casey, Ciklin et ai, agent for Koloa Partners Limited, for a PUD amendment to Village Square Professional Park Phase II PUD to allow the conversion of 2,020 square feet of professional office space to a pathology laboratory within Building 600 located at the southwest corner of RCA Boulevard and Prosperity Farms Road. [ ] Recommendation to APPROVE [ X ] Recommendation to DENY Reviewed by: Planning & Zoning Director: Development C#I.I: Bahareh Wolfs, AlCP Growth Management fl Administrator: Charles K. Wu, AlCP Approved by: Originating Dept.: Growth Management Project Manager: Planner [ X ] Quasi-Judicial [ ] Legislative [ ] Public Hearing Advertised: Date: Paper: [ X ] Not Required Affected parties: motified [ XI Not Required FINANCE: NA costs: $ NA Total $ NA Current FY Funding Source: [ ] Operating [XI Other NA Budget Acct.#: NA City Council Action: ; ]Approved [ ] App. wl conditions [ ] Denied [ ] Continued to: Attachments: 0 Ordinance 26,2004 & Resolution 164, 2004 0 Ordinance 25,2002 0 Ordinance 10,1999 0 City Engineer memos Applicant's submittal P&Z Corn. letter Location Map, Plans 1/15/03 Date Prepared: August 13,2004 Meeting Date: October 7, 2004 Ordinance 26,2004 & Resolution 164,2004 EXECUTIVE SUMMARY The applicant is requesting an amendment to the development order for the Village Square Professional Office Park Phase II Planned Unit Development to allow a 2,020 square-foot dermatology pathology laboratory as a permitted use on the second floor of Building 600. Medical laboratories are not a permitted use in professional office zoning districts. Such laboratories are permitted only in Intensive Commercial (CG-2), Research and Light Industrial Park (MI), and Light Industrial (MIA) zoning districts. It is staffs opinion that amending the PUD development order is not the appropriate method to achieve approval of this use for this site. Staff believes the applicant should pursue an amendment to the Chart of Uses, which would allow such uses in all professional office zoning districts, not just this particular site. Or as an alternative, the applicant should convert additional professional office square feet to medical use, which would require obtaining traffic concurrency for the entire PUD. Staff is recommending denial of this petition. However, should the City Council decide to approve the applicant‘s petition, a resolution with conditions is attached for review. BACKGROUND Village Square Professional Park was approved in two phases with two separate PUD approvals totaling 65,800 square feet for both phases. Phase I - City Council adopted Resolution 28, 1996, approving the 33,300 square-foot Phase I section of the PUD (originally known as the “Damerau Office Park”). All four buildings in Phase I have been constructed and occupied. Phase I/ - On March 19, 1999, with the adoption of Ordinance IO, 1999, Phase II was approved for four buildings with a total of 32,500 square feet of professional office space. This ordinance included the site plan approval for Building 700, which has been constructed. Building 800 of Phase II was approved by the Planning, Zoning, and Appeals Board on May 8, 2001, and has also been constructed. Ordinance 25, 2002, which provided for seven covered parking spaces at the rear of Building 700, was adopted on August 1,2002. On December 17, 2002, the developer received approval of a trip generation equivalency analysis which reduced the total square footage of the Phase II PUD to 26,855, of which 21,655 square feet would be professional office space and 5,200 square feet would be medical office space. On January 15, 2003, the Planning, Zoning, and Appeals Board approved the 10,400-square-foot Building 600, which included the 2 Date Prepared: August 13,2004 Meeting Date: October 7,2004 Ordinance 26,2004 & Resolution 164,2004 5,200 square feet of medical office space on the entire first floor. This first floor is now occupied by Water’s Edge Dermatology. LOCATION, LAND USE, AND ZONING The subject site is 2.23 acres in size and is located approximately 500 feet south of the intersection of RCA Boulevard and Prosperity Farms Road on the west side of Prosperity Farms Road. The subject site is zoned Planned Unit Development (PUD) Overlay with an underlying zoning of Professional Office (PO), and has a future land- use designation of Professional Office (PO). (Please see attached Table 1 for details of surrounding properties.) APPLICANT’S REQUEST The applicant is requesting to amend the development order for the Village Square Professional Park Phase II Planned Unit Development to allow a 2,020 square-foot pathology laboratory as a permitted use on the second floor of Building 600. Please note that Section 78-1 59 of the Land Development Regulations, Permitted uses, conditional, and prohibited uses, Table 21 Chart of Uses, does not allow medical or dental laboratories within a Professional Office (PO) zoning district, which is the underlying zoning classification for Village Square Professional Park PUD. Such laboratory uses are allowed only in the Intensive Commercial (CG-2), Research and Light Industrial Park (MI), and Light Industrial (MIA) zoning districts. (Please note: Section 78- 154, PUD-Planned unit development overlay district, (e) Permitted uses, states, “Unless otherwise established by a PUD development order, the uses permitted in the PUD district shall be governed by the uses permiffed in the underlying zoning district. ’3 PETITION DETAILS The applicant proposes to use the pathology laboratory for the sole purpose of processing biopsies and preparing slides for examination by a pathologist, and the applicant states no patients will be seen at the facility at anytime. According to the applicant, the facility will operate only in the morning hours and will be staffed by a dermatologist/pathologist, a laboratory operations manager, and a part-time courier. The applicant states that the courier will be picking up biopsies from five to seven other dermatology offices affiliated with Water’s Edge Dermatology. The applicant has stated that the materials to be stored on site will include slides, supplies, chemicals and chemical waste. No types of gases or solids will be used, and 3 Date Prepared: August 13,2004 Meeting Date: October 7,2004 Ordinance 26,2004 & Resolution 164,2004 the only chemicals that will be used are a low percentage of formalin (IO%), Flex (which is an alcohol product that is a mixture of several types of alcohols), and xylene. All three of these liquids are used in small volumes and with strict guidelines and only by trained, licensed personnel. The liquids are stored in proper cabinets and are picked up and disposed of by a licensed chemical and bio-hazardous waste company, Environmental Enterprises of Orlando. The most waste that is generated on a monthly basis would be approximately 2.5 gallons of 10% formalin, 3 gallons of xylene, and 5-6 gallons of alcohol. According to the applicant, the pathology laboratory is governed by the Department of Health as well as by the governing agency for the state and national accreditation, and must follow certain operational guidelines. The applicant states the laboratory has passed all inspections and currently has a Department of Health certificate, with three inspections currently passed with no deficiencies. The applicant further states that only highly trained individuals are employed who have been extremely well trained in the use, handling, and disposal of such liquids. Please see the applicant's justification and brochure attached. Parkinq Phase II was originally approved for a total of 32,500 square feet, and 120 parking spaces for the entire site were previously constructed. The Planning, Zoning, and Appeals Board approved a site plan on January 15, 2003, which allowed a reduction of total square footage to 26,855 square feet, of which 21,655 square feet was professional office space and 5,200 square feet was medical office space. Should this conversion be approved, there are already 120 existing parking spaces when only 101 spaces are required, based on the individual uses proposed (please see calculation below): 5,200 s.f. previously approved medical use (1:200 s.f.) = 2,020 s.f. proposed laboratory use (1 :250 sf.) = 19,635 s.f. professional office space (1:300 sf.) = 26 parking spaces 9 parking spaces 66 parking spaces Total spaces: Required Provided 101 120 All buildings within the PUD share all parking spaces, which are owned by the Property Owners Association. According to the applicant, the laboratory will not place any additional parking demands on the site because the dermatologistlpathologist will 4 Date Prepared: August 13,2004 Meeting Date: October 7,2004 Ordinance 26,2004 & Resolution 164,2004 already be on-site as a member of the Water’s Edge staff, and the courier will make deliveries only once per day. CONCURRENCY As stated above, on December 17, 2002, the original developer of Phase II received approval of a trip generation equivalency analysis, which reduced Phase II to 26,855 square feet, of which 21,655 square feet would be professional office space and 5,200 square feet would be medical office space. With this application, the applicant has been required to submit a revised trip generation analysis, which has been reviewed by both the City Engineer and Palm Beach County Traffic Division. Based on these reviews, it was determined that the proposed change in use generates less daily and peak hour trips than the existing professional office use and, therefore, meets the Traffic Performance Standards of Palm Beach County. PLANNING, ZONING, AND APPEALS BOARD COMMENTS At the meeting of May 11, 2004, the Planning, Zoning, and Appeals Board voted 7 - 0 to recommend approval to the City Council with the following conditions: I. 2. 3. 4. Should the pathology laboratory cease operation, the space shall revert to professional office space, and the medical office space shall not be increased beyond the 5,200 square feet presently allowed. The courier delivering biopsies to the pathology facility shall make only one delivery and one pick-up per day. The number of employees for the pathology laboratory shall be limited to the current staff of three employees (dermatologistlpathologist, a laboratory operations manager (technical staff), and a part-time courier) and shall not be increased. Biopsy slides to be processed would be limited to the Water’s Edge Dermatology office on site and only its affiliated offices. (Please note: It would be extremely difficult for Code Enforcement staff to monitor and enforce the actual use, the hours of operation, the number of courier trips per day, and the number of other offices Water‘s Edge Dermatology will be serving.) 5 Date Prepared: August 13,2004 Meeting Date: October 7,2004 Ordinance 26,2004 & Resolution 164,2004 STAFF COMMENTS While staff agrees that parking and trips generated by the proposed medical laboratory use would probably not adversely affect the site, staff is governed by Section 78-159 of the Land Development Regulations, Permitted uses, conditional, and prohibited uses, Table 21 Chart of Uses, which only allows a medical or dental laboratory within the Intensive Commercial (CG-2), Research and Light Industrial Park (MI), and Light Industrial (MIA) zoning districts. Therefore, this use is NOT allowed in the Professional Office (PO) zoning district, which is the underlying zoning classification for the subject PUD. The proposed laboratory is also inconsistent with the future land-use designation of the subject PUD, which is Professional Office. The Future Land Use Element, Future Land Use Cateqories, ProfessionaVOffice (PO), of the City’s Comprehensive Plan states, “Property designated PO is for future or existing business and office centers. The PO category was included in the plan to distinguish office uses from more intensive commercial uses such as retail.” It is furthermore stated under this category, “The land development regulations may further restrict intensities.” It is staffs contention that the PUD/PCD amendment process is NOT the appropriate avenue to include a use that is outright prohibited. This method chosen by the applicant to make a prohibited use a permitted use within this PUD undermines the established zoninq districts, and establishes a precedent for future applicants to do the same. The appropriate avenue would be to amend the Chart of Uses within the Land Development Regulations to allow for permitting medical laboratories within the Professional Office zoning district. As an alternative, the applicant should convert additional professional office square feet to medical use. However, the applicant does not want to do this because additional parking would be required and traffic concurrency would have to be obtained for the added medical use for the whole PUD. STAFF RECOMMENDATION Staff recommends DENIAL of Ordinance 26,2004 and DENIAL of Resolution 164,2004 with the conditions contained therein. 6 ,I ', EXISTING "ZONIl .r' EXISTING USE I Su biect Property Village Square Professional Park Phase I1 North Village Square Professional Park Phase I South Club Oasis East Residential Area (Village of North Palm Beach) Date Prepared: August 13,2004 Meeting Date: October 7,2004 Ordinance 26,2004 81 Resolution 164,2004 TABLE I d AND LAND USE ZONING Professional Office (PO) with a Planned Unit Development (PUD) Overlay Professional Office (PO) with a Planned Unit Development (PUD) Overlay Residential Low Density - 3 (RL-3) with a Planned Unit Development (PUD) Overlay Professional Office (PO) Residential (R2) - Professional Office (PO) Professional Off ice (PO) Residential Low (RL) Commercial (C) Residential (R2) /JHollornan/village sq pud arnendrnentlstaff report cc 1 St rdg 7 Date Prepared: July 20,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 26,2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA AMENDING ORDINANCE IO, 1999 RELATING TO THE VILLAGE SQUARE PROFESSIONAL PARK PHASE II PLANNED UNIT DEVELOPMENT TO TRANSFER THE MASTER PLAN APPROVAL AND RELATED CONDITIONS TO A SEPARATE RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 18, 1999, the City Council approved Ordinance IO, 1999, rezoning the approximately 2.23-acre Village Square Professional Park Phase II Planned Unit Development (PUD) site from a Professional Office (PO) zoning district to a Planned Unit Development (PUD) Overlay with an underlying zoning district of Professional Office (PO) and approving site plan improvements to allow construction of four office buildings totaling 32,500 square feet of professional office space; and WHEREAS, a minor site plan application was approved by the City’s Planning, Zoning, and Appeals Board on January 15, 2003, allowing a reduction of professional office space to 21,655 square feet in order to allow an additional 5,200 square feet of medical office space within the 10,400-square-foot Building 600; and WHEREAS, the City has received a request (PUD-04-06) by Leonard G. Rubin of Boose, Casey, Ciklin, et al, agents for Koloa Partners Limited, for approval of an amendment to the Village Square Professional Park Phase II PUD to allow the conversion of 2,020 square feet of professional office space to a medical pathology laboratory use within Building 600; WHEREAS, these conditions 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 11 , 2004, the PUD amendment petition was reviewed by the City’s Planning, Zoning, and Appeals Board at a public hearing, and the Board recommended approval of the petition, including previously approved waivers and conditions of approval contained herein; and WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Date Prepared: July 20,2004 Ordinance 26,2004 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. Section 1 of Ordinance 20,1999 is amended to read: The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of P.F. Park, Ltd., Ffor rezoning of 2.23 acres to Planned Unit Development, * * 11 11 """"""""""""""""'SZi 23 described as: VILLAGE SQUARE PROFESSIONAL OFFICE PLANNED UNIT DEVELOPMENT (PUD) LEGAL DESCRIPTION VILLAGE SQUARE PLAT NO. 2, ACCORDING TO THEPLAT THEREOF AS RECORDED IN PLAT BOOK 90, PAGE 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. Sections 2 through 4, inclusive, of Ordinance IO, 1999 are hereby transferred to Resolution 164,2004. The remaining Section 5 of Ordinance IO, 1999 shall be renumbered accordingly. Any future amendments to the PUD and conditions of approval shall be accomplished by Resolution of the City Council. SECTION 4. Sections 3 through 5, inclusive, of Ordinance 25, 2002 are hereby transferred to Resolution 164, 2004. The remaining Sections 6 through 9, inclusive, of Ordinance 25, 2002 shall be renumbered accordingly. SECTION 5. This Ordinance shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 Date Prepared: July 20,2004 Ordinance 26,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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: Mayor Jablin FOR Vice Mayor Russo Councilmember Delgado Councilmember Levy ATTEST: BY: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SU FFl Cl ENCY BY: Christine P. Tatum, City Attorney AGAINST ABSENT \\Pbgsfile\Attorneybttomey-share\ORDINANCES\vlg square profession park - ord 26 2004.doc 3 Resolution 164,2004 Date Prepared: July 20, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 RESOLUTION 164,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA APPROVING AN AMENDMENT TO THE VILLAGE SQUARE PROFESSIONAL PARK PHASE II PLANNED UNIT DEVELOPMENT (PUD) LOCATED ON THE WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ITS INTERSECTION WITH RCA BOULEVARD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 18, 1999, the City Council approved Ordinance IO, 1999, thereby approving the construction of four office buildings totaling 32,500 square feet of professional office space; and WHEREAS, on August 1, 2002, the City Council approved Ordinance 25, 2002, thereby approving seven parking spaces to be covered within the existing parking lot on the west side of Building 700; and WHEREAS, a minor site plan amendment application (SP-02-20) was approved by the City’s Planning, Zoning and Appeals Board on January 15,2003, allowing a reduction of total square footage from 32,500 square feet to 26,855 square feet, of which 21,655 square feet was professional office space and 5,200 square feet was medical office space; and WHEREAS, the City has received a request (PUD-04-06) by Leonard G. Rubin of Boose, Casey, Ciklin, et al, agents for Koloa Partners Limited, for approval of an amendment to the Village Square Professional Park Phase II PUD to allow the conversion of 2,020 square feet of professional office space to a medical pathology laboratory use within Building 600; and WHEREAS, these conditions 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 11,2004, the PUD amendment petition was reviewed by the City’s Planning, Zoning and Appeals Board at a public hearing, and the Board recommended approval of the petition, including previously approved waivers and conditions of approval contained herein; and Resolution 164,2004 Date Prepared: July 20, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 WHEREAS, the City Council has considered the evidence and testimony presented by the Petitioner and other interested parties and the recommendations of the various City of Palm Beach Gardens review agencies and staff; and WHEREAS, the City Council has determined that adoption of this Resolution is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, that: SECTION 1. The foregoing recitals are hereby affirmed and ratified. SECTION 2. The Planned Unit Development amendment for the Village Square Professional Park Phase II Planned Unit Development is hereby APPROVED on the following described real property to allow the conversion of 2,020 square feet of professional office space to a medical pathology laboratory use within Building 600, 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: VILLAGE SQUARE PROFESSIONAL PARK PHASE II LEGAL DESCRIPTION VILLAGE SQUARE PLAT NO. 2, ACCORDING TO THEPLAT THEREOF AS RECORDED IN PLAT BOOK 90, PAGE 190 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. SECTION 3. The City Council of the City of Palm Beach Gardens hereby approves the following waivers: 1. Waiver of Section 102-10(2)(k) which requires a 15-foot minimum, 25-foot average upland buffer from the edge of the wetland area to the building edge, to allow a 15-foot minimum, 19.97-foot average distance from the wetland area. 2. A waiver from Section 78-374(g), which requires covered parking spaces not to exceed 5% of the total required parking for a site, to allow for two (2) additional covered parking spaces for a total of seven (7) for Phase II at the rear of Building 700. SECTION 4. Said Planned Unit Development amendment is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors, or assigns: 2 Resolution 164, 2004 Date Prepared: July 20,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 1. 2. 3. 4. 5. 6. 7. a. 9. Prior to construction plan approval, the applicant shall provide a letter of authorization from Seacoast Utility Authority and FPL allowing the applicant to pave and plant within its proposed and existing easements. (City Engineer) Prior to construction plan approval, lighting and photometric plans shall be submitted for all exterior lighting elements, including, but not limited to: building security lighting, landscape highlighting, parking garage lighting, porte coche or canopy lighting, signage backlighting or uplighting, etc., as well as the parking lot lighting. No exterior lighting shall be permitted unless it is approved herein or is subsequently approved administratively. (City Engineer) A permit or a binding wetland determination shall be obtained from FDEP prior to the issuance of the first building permit for the project (SFWMD dredge and fill permit and/or ERP’s wetland delineation). (Building) Due to the physical constraints of the area, a sidewalk is not required to be constructed adjacent to this property on Prosperity Farms Road. In lieu of constructing a sidewalk, the applicant shall submit an estimate of the cost to build a sidewalk, to be reviewed by the City Engineer. Upon agreement by the City Engineer as to the cost to construct a sidewalk, the applicant shall remit that amount, in one lump sum to the City; to be utilized for pedestrian pathways elsewhere in the City. These funds shall be provided to the City prior to the issuance of the first building permit. (Development Compliance, City Engineer) Prior to the issuance of the first Certificate of Occupancy in Phase A, Mangroves shall be planted (as shown on the approved landscape plan) in the old land bridge area east of building envelope IlB. (City Forester) Prior to the issuance of the first Certificate of Occupancy, all prohibited (invasive, exotic) plants shall be removed from the entire Planned Unit Development. (BuildinglCity Forester) Each building shall be constructed to resemble a residential unit in accordance with the design guidelines attached hereto as Exhibit “B.” (Planning & Zoning) Each parcel shall be subject to review and approval by the Planning, Zoninq and Aprseals Board with respect to such items as architectural, foundation landscaping, site irrigation, and site improvements, except for Building IIA, which is approved herein. (W Planninq & Zoninq) nP Y I \” If the Mangrove area is removed, all or in part, the alternate buffer plan, as depicted on the approved landscape plan, shall be installed by the POA within sixty (60) days of a City request. (Code EnforcementICity Forester) Resolution 164, 2004 Date Prepared: July 20,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 IO. 11. 12. 13. 14. 15. 16. 17. The applicant shall protect all the Oak trees and other native vegetation within the wetland buffer area, especially during construction, per City Code Section 98-1 05(e). Buffer protection shall include, but not be limited to, designing the buildings within building envelopes IIB and IIC, to avoid conflicts with vegetation within the buffer area; and all fill dirt shall avoid conflicts with root zones, and the head wall along Prosperity Farms Road shall be modified to prevent conflicts with native trees, if necessary. (City Forester) Easements and the Property Owner's Association documents shall be reviewed and approved by the City Attorney prior to the issuance of a building permit. (City Attorney) The Property Owner's Association shall be responsible for the landscape maintenance within the entire Planned Unit Development, including, but not limited to, any undeveloped area prior to development. (Code Enforcement) The applicant shall comply with all requirements of the Roadway Beautification and Enhancement Plan once same is established by the City of Palm Beach Gardens and shall maintain said improvements per City landscape maintenance standards, which shall be adopted. Specifically, the applicant shall provide improvements in accordance with said plans in the following public right-of-way: A. In the median and along the west right-of-way line of Prosperity Farms Road from the northern terminus of this site to the southern terminus of this site. (City Forester) Landscaping, including long-term tree canopy growth, shall not conflict with lighting (City Forester, Police Department). Building 600 shall be limited to a maximum of 5,200 square feet of medicalldental office use. In the future, should the applicant desire to convert additional general office space to medical or dental office use, the applicant is required to provide data and analysis for Phase II indicating compliance with all applicable land development regulations, such as parking requirements and traffic equivalency. (Planning & Zoning) No assigned parking shall be permitted on the site, and all buildings within the PUD shall share all parking spaces, which are owned by the Property Owners Association. (Planning & Zoning) The applicant shall submit a signed and sealed photometric plan that meets the requirements of the Palm Beach Gardens Land Development Regulations prior to the issuance of any building permit for the covered parking structure for Building #700 within Phase II. (City Engineer) 4 Resolution 164,2004 Date Prepared: July 20,2004 1 2 3 4 5 18. The applicant shall submit a signed and sealed photometric plan that meets the requirements of the Palm Beach Gardens Land Development Regulations prior to the issuance of any building permit for the covered parking structure for Building 700 within Phase II. (City Engineer) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 19. The pathologv facilitv shall be limited to 2,020 square feet of floor area within the second floor of Building 600. (Development Compliance. Code Enforcement) 20. Should the pathologv facilitv ever vacate Buildinq 600, the vacated space shall revert to the permitted use of professional office and not medical office space. (Code Enforcement, Planning & Zoninq) 21. The courier deliverinq biopsies to the patholoqv facilitv shall be permitted to make onlv one deliverv and one pick-up per dav. (Code Enforcement, Planninq & Zoninq) 22. The number of emplovees for the patholoqv laboratorv shall be limited to three (3) emplovees (dermatoloqistlpatholoqist, a laboratorv operations manaqer ltechnical staff), and a part-time courier) and shall not be increased. (Code Enforcement, Planning & Zoninq) 23. The use of the pathologv facilitv is limited to the Water’s Edge Dermatology office on site and its affiliated offices onlv. (Code Enforcement, Planninq €4 25 Zoninq) 26 27 28 29 30 31 32 33 34 35 36 37 4. February 11, 1999, Sign Plan, 1 Sheet. 38 39 40 41 42 43 44 Sheet. 45 46 SECTION 5. Said Planned Unit Development shall be constructed in compliance Site Plan AI .I dated May 6,2002, and Exterior Elevation A4.1 dated October 1, 2001, by Michael Morel, Architect. February 16, 1999, Site Plan by Urban Design studio, 1 sheet. February 16, 1999, Cross-Section Profiles by Brown & Phillips, Inc., 1 Sheet. with the following plans on file with the City’s Growth Management Department: 1. 2. 3. 5. 6. 7. February IO, 1999, Landscape Plan by Urban Design Studio, 1 Sheet. February IO, 1999, Plant Detail Sheet by Urban Design Studio, 1 Sheet. February IO, 1999, Construction Phasing Plan by Urban Design Studio, 1 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 164, 2004 Date Prepared: July 20,2004 8. December 11, 1998, Lighting Plan by Urban Design Studio, 1 Sheet. 9. December 11, 1998, Phase A Lighting Plan by Urban Design Studio, 1 Sheet. 10. November 19, 1998, Tree Preservation Details by Urban Design Studio, 1 Sheet. 1 1. September 16, 1998, Roof, Floor and Elevation Plans by Michael Morel, Architect, Sheets 1-3. SECTION 6. All future amendments to the Village Square Professional Park Phase II Planned Unit Development shall be approved by Resolution. SECTION 7. This approval shall be consistent with all representations made by the applicant or applicant’s agents at any workshop or public hearing. SECTION 8. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 6 Resolution 164, 2004 Date Prepared: July 20, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 BY: Christine P. Tatum, City Attorney VOTE: -- AYE NAY ABSENT MAYOR JABLIN VICE MAYOR RUSSO --- --- COUNCILMEMBER DELGADO --- --- COUNCILMEMBER LEVY 1 (d- \\pbgstile\AttorneyWtorney_share\RESOLUTlONS\vlg square professional park - reso 164 2004.doc 7 July 11,2002 ORDINANCE 25,2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM PF PARK, LTD,, FOR AN AMENDMENT TO THE VILLAGE SQUARE PROFESSIONAL PARK PLANNED UNIT DEVELOPMENT, PHASE 11, TO ALLOW FOR SEVEN (7) COVERED PARKING SPACES OVER EXISTING PARKING LOT TO BE LOCATED ON THE WEST SIDE OF BUILDING #700, SAID PUD BEING LOCATED AT THE SOUTHWEST CORNER OF RCA BOULEVARD AND PROSPERITY FARMS ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR ONE CONDITION OF APPROVAL; PROVIDING FOR ONE WAIVER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC-01- 26) for an amendment to a Planned Unit Development (PUD) from PF Park, Ltd., to allow the construction of seven (7) covered parking spaces over existing parking lot at the rear of Building #700 in Phase II of Village Square Professional Park, which is located at the southwest corner of RCA Boulevard and Prosperity Farms Road, as more particularly described in Exhibit “A attached hereto; and WHEREAS, the Village Square Professional Park Phase I1 PUD is currently zoned Planned Unit Development (PUD) with an underlying zoning of Professional Office (PO), and a future land-use designation of Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Planning and Zoning Commission on May 22, 2002, recommended approval of said application to allow the construction of a vinyl-covered parking structure over seven (7) existing parking spaces at the rear of Building #700 in Phase II of Village Square Professional Park. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: ” SECTION 1. The foregoing “Whereas” clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2. The City Council hereby approves said application for a PUD amendment to allow the construction of seven (7) covered parking spaces over existing parking lot at the rear of Building #700 in Phase II of Village Square Professional Park. Ordinance 25, 2002 July 11,2002 SECTION 3. Said approval is subject to the following condition] which shall be the responsibility of the applicant, its successors or assigns: (1) The applicant shall submit a signed and sealed photometric plan that meets the requirements of the Palm Beach Gardens Land Development Regulations prior to the issuance of any building permit for the covered parking structure for Building #700 within Phase II. (City Engineer) SECTION 4. The City Council of the City of Palm Beach Gardens hereby grants the following waiver: (1) A waiver from the Land Development Regulations Section 78- 374(g), which requires covered parking spaces not to exceed 5% of the total required parking for a site, to allow for two additional covered parking spaces for a total of seven (7) for Phase II at the rear of Building #700. SECTION 5. Construction of the approved covered parking spaces shall be in compliance with the following plans on file with the City's Growth Management Department: (1) Site Plan A1.l dated May 6, 2002, and Exterior Elevation A4.1 dated October 1, 2001 by Michael Morel, Architect. SECTION 6. If any section, paragraph, sentence] clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the 0 rd i na nce. SECTION 7, This approval expressly incorporates and is contingent upon representations made by the applicant's agents at all workshops and public hearings pertaining to this project. SECTION 8. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict herewith are hereby repealed to the extent of such conflict. SECTION 9. This Ordinance shall be effective upon adoption. 2 Ordinance 25,2002 July 11,2002 PLACED ON FIRST READING THIS &bur# DAY OF -3Ne 2002. PLACED ON SECOND READING THIS I* DAY OF 2002. mDOPTED P THIS /* DAY OF COUNCILYEMBER CLARK 60- ATTEST..BY:" - -_ . APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: < -- '. . ..' ._ *- .. - VOTE: .- . ,,&. AYE NAY ABSENT VICE MAYOR SABATELLO J COUNCILMEMBER CLARK / COUNCILMEMBER RUSSO / COUNCILMEMBER DELGADO ' MAYOR JABLIN Ir Jackie/village square/misc0126 ord.doc 3 Ordinance 25,2002 July 1 ’l 2002 EXHIBIT &‘A9’ Village Square Plat No. 2 according to the Plat thereof recorded in Plat Book 90, Pages 190 and 19 1 of the Public Records of Palm Beach County, Florida. . . c REVISED 3/18/99 January 19,1999 February 16,1999 February 22,1999 ORDINANCE 10,1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING PROFESSIONAL OFFICE TO PLANNED UNIT DEVELOPMENT, LOCATED ON THE WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ITS INTERSECTION WITH RCA BOULEVARD, IN ORDER TO CONSTRUCT 32,500 SQUARE FEET OF OFFICE SPACE TO BE KNOWN AS VILLAGE SQUARE PROFESSIONAL PARK, PHASE 11; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; AND PROVIDING FOR AN EFFECTIVE DATE. FOR RE-ZONING OF 2.23 ACRES, FROM WHEREAS, the City has received an application from P.F. Park Ltd. for re-zoning of 2.23 acres to Planned Unit Development, located on the west side of Prosperity Farms Road south of its intersection with RCA Boulevard, as more particularly described in Exhibit “A” attached hereto, to construct 32,500 square feet of office space to be known as Village Square Professional Park, Phase 11; and WHEREAS, the 2.23 acres of land involved is presently zoned Professional office with a land use descignation of Professional Ofice; and WHEREAS, the Growth Management Department has reviewed said appkation and determined that it is sufficient; and WHEREAS, the petition is consistent with the City’s Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, 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, hereby approves the application of P.F. Park, Ltd. For re-zoning of 2.23 acres to Planned Unit Development located on the west side of Prosperity Farms Road south of its intersection with RCA Boulevard, as more particularly described in Exhibit “A” attached hereto, to construct 32,500 square feet of office space to be known as Village Square Professional Park, Phase 11. Waiver of Section 102-1 0(2)(k) which requires a 15-foot minimum, &foot average upland buffer from the edge of the wetland area to the building edge, to allow a 15-foot minimum, 19.97-foot average distance from the wetland area. SECTION 3. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors andor assigns: 1. Prior to construction plan approval, the applicant shall provide a letter of authorization from Seacoast Utility Authority and FPL allowing the applicant to pave and plant within their proposed and existing easements. (City Engineer) 2. Prior to construction plan approval, lighting and photometric plans shall be submitted for all exterior lighting elements, including, but not limited to: building security lighting, landscape highlighting, parking garage lighting, porte coche or canopy lighting, signage backlighting or uplighting, etc., as well as the parking lot lighting. No exterior lighting shall be permitted unless it is approved herein or is subsequently approved administratively. (City Engineer) 3. A permit or a binding wetland determination shall be obtained from FDEP prior to the issuance of the first building permit for the project (SFWMD dredge and fill permit and/or ERP’s wetland delineation). (Building) 4. Due to the physical constraints of the area, a sidewalk is not required to be constructed adjacent to this property on Prosperity Farms Road. In lieu of constructing a sidewalk, the applicant shall submit an estimate of the cost to build a sidewalk, to be reviewed by the City Engineer. Upon agreement by the City Engineer as to the cost to construct a sidewalk, the applicant shall remit that amount, in one lump sum to the City; to be utilized for pedestrian pathways elsewhere in the City. These funds shall be provided to the City prior to the issuance of the first building permit. 5. Prior to the issuance of the first Certificate of Occupancy in Phase A, Mangroves shall be planted (as shown on the approved landscape plan) in the old land bridge area east of building envelope IIB. (City Forester) 6. Prior to the issuance of the first Certificate of Occupancy, all prohibited (invasive, exotic) plants shall be removed from the entire Planned Unit Development. (BuildingEity Forester) 7. Each building shall be constructed to resemble a residential unit in accordance with the design guidelines attached hereto as Exhibit “B.” (Planning & Zoning) I I I I I I I I I 1 I I I , I I I I I I I I I I I i , I I I I I 8. 9. 10. 11. 12. 13. Each parcel shall be subject to review and approval by the Site Plan and Appearance Review Committee with respect to such items as architectural, foundation landscaping, site irrigation and site improvements, except for Building IIA, which is approved herein. (SPARC) If the mangrove area is removed, all or in part, the alternate buffer plan, as depicted on the approved landscape plan, shall be installed by the P.O.A. within 60 days of a City request. (Code Enforcement/City Forester) The applicant shall protect all the Oak trees and other native vegetation within the wetland buffer area, especially during construction, per City Code Section 98-105(e). Buffer protection shall include, but not be limited to, designing the buildings within building envelopes IIB and IIC, to avoid conflicts with vegetation within the buffer area; and all fill dirt shall avoid conflicts with root zones, and the head wall along Prosperity Farms Road shall be modified to prevent conflicts with native trees, if necessary. (City Forester) Easements and Property Owners documents shall be reviewed and approved by the City Attorney prior to the issuance of a building permit. (City Attorney) The Property Owner’s Association shall be responsible for the landscape maintenance within the entire Planned Unit Development, including, but not limited to, any undeveloped area prior to development. (Code Enforcement) The applicant shall comply with all requirements of the Roadway Beautification and Enhancement Plan once same is established by the City of Palm Beach Gardens and shall maintain said improvements per City landscape maintenance standards, which shall be adopted. Specifically, the applicant shall provide improvements in accordance with said plans in the following public right-of-way: A. In the median and along the west right-of-way line of Prosperity Farms Road from the northern terminus of this site to the southern terminus of this site. (City Forester) SECTION,4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City’s Growth Management Department: 1. 2. 3. 4. 5. 6. 7. 8. February 16, 1999 Site Plan by Urban Design Studio, 1 Sheet February 10, 1999 Landscape Plan by Urban Design Studio, 1 Sheet February 10,1999 Plant Detail Sheet by Urban Design Studio, 1 Sheet November 19, 1998 Tree Preservation Details by Urban Design Studio, 1 Sheet February 10,1999 Construction Phasing Plan by Urban Design Studio, 1 Sheet December 1 1, 1998 Lighting Plan by Urban Design Studio, 1 Sheet December 1 1 , 1998 Phase A Lighting Plan by Urban Design Studio, 1 Sheet February 16, 1999 Cross-Section Profiles by Brown & Phillips, Inc., 1 Sheet 9. 10. September 16, 1998 Roof, Floor and Elevation Plans by Michael Morel, Architect, Sheets 1-3. February 11,1999 Sign Plan, 1 Sheet. Section 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 41h DAY OF February , 1999. PLACED ON SECOND READING THIS /y yp1 DAY OF !&@&& ,1999. PASSEYT/JZ,S /p DAYOF %@d$'\ ,1999. A&?)& J~SEYH Russo &-cJL& VICE GAYOR LAUREN F~JR?"ADO 2 ATTEST: LINDA V. KOSIER APPROVED AS TO LEGAL FORM AND SUFFICIENCY. /7 dA&l& ITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO COUNCILMANSABATELLO - - COUNCILMAN CLARK --- / VICE MAYOR FURTADO -e- - - COUNCILMAN JABLIN L- - l/ --- I I I f I I I I i I I I I I I I I I I I I i I ! ~ I I ! I I i I I I I I I ! I I I I i I I I EXHIBIT "A" \ !_I* ;I LEGAL DESCRIPTION 94 ' A parcel of land lying in h portion of the East 1/2 of the Northeas: 1/4 of the Yortheast 1/4 of the Northwest 1/4 of Section 8, Township 42 Soueh, Range 43 Zast, Palm Beach County, Florida and being more particulariy described as ='Oll~WS : ZD!a4ENCING at the North 1/4 corner of said Section 8; 2IENCE South 02406t08n Wesc, a distance of 393.65 feet along the SaSt line of said Northwest 1/4 of Section 8 to the POINT OF BEQINNING; ?HSNCE, North 88'32'08" West, a distance of 28.47 feet: to the beginnin9 of a :angent curve concave to the Northeast ; THENCE Northdestcrly, aiong the arc bE said cume having a radius of 200. GO feet, d delta of 23a07'24'', and an arc distance of 80.71 feet to a Point of Zeverse Curvature with a curve concave to the Southwest; THENCE Northwesterly, along the arc of said curve having a radius of 67.000 Eeec, a delta of 23"07'24", and an arc distance of 27.04 feet to a Point of Tangency; d THENCE North 88"32'08'' West, 202.38 feet to a point in the west line of ZaSt 1/2 cf the Northeast l/4 of the Northeast 1/4 of the Northwest 1/4 of said Section e; 'XENCE South 02a03t141t West, along said west line 294.70 feet to the SN corner cf said East 1/2 of the Northeast 1/4 of the Northeast 1/4 of the Northwest 1/4; THENCE South 88°28'07qt East, along the South line of said East 1/2 of the ?!orcheast 1/4. of the Northeast 1/4 of the Northwest 1/4, 335.68 feet to the Southeast corner of said East 1/2 of the Northeast i/4 of the Northeast 114 of :he Northwest 1/4 on the said east line of the Northwest 1/4 of Section 8; XENCE North 02'06'08'' Eaet, along said east line, 273.64 feet to the ?DINT OF BEGINNING. I I I I I \ I I I I I 1, I EXHIBIT B DESIGN GUIDELINES FOR VILLAGE SQUARE PROFESSIONAL PARK 10999 PROSPERITY FARMS ROAD PALM BEACH GARDENS rn Roof tile shall be pigmented cement tile or natural slate and shall match as close as possible the following color: 0 Integra “Smoke” rn Common Architectural Elements shall include: Concrete block construction with textured stucco Horizontal lap wood siding Cement tile or slate roof Multi-paned arched windows Hip or Gable style roof Dormers Wrought iron railings Aluminum shutters (louvered) Entry porticos Building heights are not to exceed 35 feet rn Interchangeable field and trim colors shall be chosen from the following list: 0 Roof facia and trim - Benjamin Moore ... ready mix white Shutters (if present) - Benjamin Moore ,.. #HC-158 (Dark Blue) Building Exterior Walls - Benjamin Moore ... #HC-34 (Beige) 0 rn Tenant signage shall include the following elements: 0 0 0 0 Colors to match building colors Material and style to match building materials and style Letters to be a maximum height of 9 inches Maximum sign panel to be 12 square feet per sign Sign panel mounting to building shall be adequate to withstand windloads per Palm No more than 3 signs will be allowed per building 0 Beach Gardens Building Department standards C:\MyPilcs\VillageSq\Guldellnes.wpd I ~ ~~ RUG-13-2004 15:38 LBFH PRLM CITY FL 772 286 2925 P.01/03 CONSULnNG CML WG-, SORVEYORS LbAheeERs CIVIL AGRICULTURAL WATER RESOURCES WATER &WASTEWATER TUNSPORTATION SURVEY & MAPPING GIs "Partners For Results Value By Design" 3550 S.W. COrpOIatC Phy. Palm City, EL 34990 (772) 286-3883 www.lbfh.com Fax (772) 286-3925 Jackie HolIoman f? TO: FROM Judy A. T. Dye DATE: August 12,2004 FILE NO. 98-0216 SUBJECT: Village Square Professional Park Phase II Trip Generation Analysis The City's traffic consultant, MTP Group, hc., and the Palm Beach County Traffic Division have completed their coordinated review of the trip generation analysis dated June 18, 2004 prepared by Yvonne Ziel Traf%c Consultants, Inc. for conformance with the Palm Beach County Traffic Performance Standards and the City of Palm Beach Gardens Land Development Regulations for the above referenced project. Their coordinated review concludes that the proposed development will not have a significant impact on the surrounding roadway network, and therefore, meets the Palm Beach County Traffic Performance Standards and the City of Palm Beach Gardens Land Development Regulations. A COPY of MTP Group's comment memorandum dated August 10, 2004 and a copy of Palm Beach County's comment memorandum dated July 22,2004 are attached. If you have any questions or require additional information, please do not hesitate to contact me at (772) 286-3883. cc: Talal Benothman - PBG (ibenothman@zbJzfl.com) P:WBGMBM0\02 16\02 16zf.doc RUG-13-2004 15:38 LBFH PRLM CITY FL A ' \. MfP Group, Inc. Phone: (Sf) 795-0818 Telercu: (581) 7eW230 12798 Fo~~Boulevsrd, Sub 303 WWn&n, FL 334144704 To: Judy A. T. Dye MEMORANDUM Copy: Masoud M, MSCE Palm Beach County Date: August 10,2004 Subject: Village Square Professional Park Phase II Per your request, MTP Group, Inc. and Palm Beach County Traffic Division have reviewed the subject traffic analysis prepared by Yvonne Ziel Consultants, Inc., dated June 18,2004, for conformance with the Palm Beach County Traffic Performance Standards and the City of Palm Beach Gardens Land Development Regulations. The proposed development is located on the southwest comer of Prosperity Farms Road and RCA Boulevard in the City of Palm Beach Gardens. It is currently approved for 21,655 sqm feet (SF) of general office and 5,200 SF of medical office. ?'he proposed development includes converting 2,020 SF of general office to 2,020 of pathology laboratory (medical office). Based upon the trip generation, the proposed development wiU not have a significant impact on the surrounding roadway network. Therefore, this project meets the Palm Beach County TraEc Performance Standards and the City of Palm Beach Gardens Land Development Regulations. If you have any questions, please do not hesitate to call us at (561) 795-0678. - -- RUG-13-2004 15:38 Depurmmr 61 Engineehg and PubUc Works P.O. Box 21 229 West Palm Beach. FL 33416-1229 (561) 6~14.4000 www. pbcgowo rn Palm Beach County Board of CQUnty &mrnisaionsrs Wen T. MUCUS, Chair Tbny Masllottl. Vice Chairman Jeff mons Warren H. Newell Mary McCany Burt Raronson Addie L. Creene 'An Ewul Opportunity AIFmutivc Action Employer' LBFH PRLM CITY FL -.. July 22.2004 Ms. Judy Dye Assistant City Enq,,reer City of Palm Beach Gardens 3550 S.W. Corporate Pkwy. Palm City, FL 34990 RE: Village Square Professional Park, Phase II Revised TRAFFIC PERFORMANCE STANDARDS REVIEW . . -. Dear Ms. Dye: The Palm Beach County Traffic Division has reviewed the traffic generation sWement for the planned change in use of the previously approved project entitled; Village Square Professional Park, Phase 11, pursuant to the Traffic Performance Standards in Article 12 of the Palm Beach Caunty Land Development Code. The project is summarized as follows: Location: West side of Prosperity Farms Road, South of RCA Boulevard. Municipality: Palm Beach Gardens Existing Uses: 2,020 SF General Office Proposed Uses: 2,020 SF Medical Tcst Laboratories New Daily Trips: No new trips New PH Trips: No new trips Build-out Year: 2005 Based on our review, the Traffic Division has determined that the proposed change in use does not generate additional daily or peak hour trips than, and therefore meets the Traffic Performance Standards of Palm Beach County. No building permits are to be issued by the City, after the build-out date specified above. The County traffic concurrency approval is subject to the Project Aggregation Rules set forth in the Traffic Performance Standards Ordinance. "' -Ityou-have any questions regarding this delerminarion, please coniiictmeat 6844030.' " Sincerely, OFFICE OF THE COUNTY ENGINEER Masoud Atefi, MS E Sr. Engineer - Traf Uon CC: Yvonne Zell Traffic Consultants, Inc. File: General - TPS - Mun - Trafflc Study Zevlew F:~T~FF1CLna\Admin\ApprovaIs~407~ 2.doc ~ ~~ f LBFH PRLM CITY FL 772 286 2925 P.03/06 JUN-28-2004 10: 22 t LAW OFFICES i BOOSE CASEY ClKLlN LUBllZ MARTENS MCBANE & O'CONNELL A PARTNmSHIP INCLUDINO PROFE~SIONAL AS80CIATIONS NORTnBRIOOE TOWER I - 19'" FLOOR 616 NORTH FUOLeR DRIVE WEST PALM BEACH. FLORIDA 33401 -1.- MAlLlNO ADDRESS P.O. Box 4826 ELEPWONE; (581) 832-5noo WLBT PALM B!3ccI. FLORIDA 13402-4626 LEONARD G. WIBIN. 'BOAR0 CCRnflED Cm, COUNlY AND LOCAL OOV€RNHEM UWR nLEPHONE: (561) 632-5900 TELECOPIER: (561) 820.0381 June 21,2004 Jackie Holloman, Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 RE: Petition PUD-04-06Nillage Square Crossing Phase II PUD Amendment Dear Jackie: Enclosed please find three sealed copies of the revised trip generation analysis performed by Yvonne Ziel Traffic Consultants, in addition to revised conditions of approval. The revised traffic analysis presumes that the pathology laboratory will occupy 2,020 square feet and will employ two technicians and a part-time courier. Pursuant to the traffic equivalency analysis, the facility may generate three peak hour trips without increasing the demand on the roadways. With the working hours and number of employees proposed, the facility will only be generating two peak hour trips. All other persons performing work within the proposed pathology laboratory will be employed by Waters Edge Dermatology, which occupies the first floor of Building 600. Please let me know if you have any questions or if you need additional information. It is my understanding that we will be scheduled to appear before the City Council at the August 5, 2004 meeting for first reading. Thank you for your assistance. Sincerely yours, LGWlcw Enclosures cc: Carol Diaz LBFH PFlLM CITY FL 772 286 2925 P.04/06 JUN-28-2084 18:22 YVONNE ZlEL TRAFFIC CONSULTANTS, INC. 11440 86th St. North, West Palm Beach, Florida 33412 June 18,2004 Mr. Charles Wu Growth Management Administrator City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 RE: Village Square Professional Pa ~ -- ~ Telephone (561) 624-7262 Facsimile (561) 624-9578 Phase I1 - Pathology Lab Trip Generation (Revised) DearMr. Wu: Yvonne Ziel Traffic Consultants, Inc. was retained to prepare a trip generation analysis for the above-referenced project. The facility is located on the southwest comer of Prosperity Fms Road and RCA Boulevard, in the City of Palm Beach Gardens, as shown in Figure 1. The property has an approved use of 21,655 square feet (SF) of general office and 5,200 SF of medical office. This letter addresses the proposed conversion of 2,020 SF of general office space to a 2,020 SF pathology laboratory in Building 600 in the Village Square Professional Park Phase 11. The proposed pathology laboratory will employ two full-time employees and one courier. The courier arrives at the lab at 9am (deliveries) and 2:30pm (for pick-ups). One employee works from 8:30am to 5:30pm and one employee works from 5am to 1 :30pm. The pathology lab operates in support of the medical offices within the same building, Waters Edge Dermatology. Based on the proposed staff, the proposed peak hour trips are equivalent to the peak hour trips generated by a general office use. In our opinion, the conversion of general office space to a pathology laboratory will not generate nn increase in peak hour trips for the site, Refer to the eiiclosed table for the information used to develop this data. Since there is a no expected increase in the peak hour traffic generation expected from the proposed project, there are no adverse impacts on the area roadways and a traffic study is not required. Sindy,. -: '. . ... ... .--- -. - .-/ ._.. -,-*;-.> . - .: ' . ... . -- - '4 ,- .. - -. '.-..' -4 - . -' .;-- ENCLOSURE'S .:- ..;- '- Traffic Engineering and Planning JUN-28-2084 18:22 LBFH PQLM CITY FL 772 286 2925 P. 05/06 4 / / 'P*IQ / v a 8 w I ~ u m U a m n' 8 u) 5 SUldMIfll / n 9 JUN-28-2004 18:23 LBFH PQLM CITY FL U v: h w v) 7 0 3 I I 772 286 2925 P.06/06 m 0 0 WATERS EDGE PATHOLOGY Dr. Ted A. Schiff, M.D. Medical Director Carol Diaz, HTLS BS Operations Manager “Its time for a new duection in healthcare” INTRODUCTION: Waters Edge Dermatology is seeking City approval for the use of a portion of Building 600 within the Village Square Planned Unit Development to process pathology biopsies for our patients. The pathology center will occupy a portion of the second floor and the first floor will house the medical offices. I Unlike a traditional laboratory that collects urine or blood samples from patients, specimens will bedelivered to the pathology center only once per day. The persons staffing the center will be Waters Edge Dermatology physicians and employees. REASON FOR REQUEST: The permitted uses for the Village Square PUD do not address the requested use, which is clearly compatible with existing general and medical ofice uses. The pathology center cannot be classified as a medical office in light of the parking and concurrency standards applicable to this use. However, as explained above, the pathology center will require few, if any, parking spots and generate minimal vehicle trips. The impacts of the proposed use are far less than the approved use of general office. ISSUES FOR CONSIDERATION: Why is the pathology center necessary? According to the American Cancer Society, melanoma cancer represents 79% of all skin cancer deaths in the United States last year, und Florid! has the highest rate of melanoma cancer in the country. The single most important factor for cancer survival is early detection and treatment. What are the benefits of this particular pathology center? 0 The turn around tinre for diuposis und reporting is within 24 hours, as opposed to the current IO-day time period when biopsies are sent to outside processing facilities. The pathologist diagnosing and reporting is a specialist in dermatology, not a general pathologst, there by improving the accuracy of the reporting and treatment. The Dermatopathologist, can see the patient before lookrng at the slides and making a diagnosis, there by improving the accuracy of the reporting and 'treatment. The patient and other physicians can speak direct& to the pathologist about their particular case. This is currently not available. Outside facilities process a huge volume of slides (over 200) per dq. The large volume impacts accuracy. L 0 Billing is more accurate and timely for insurance companhs and I for the patients. Why must the patholbgy center be located in Building 600? 0 In order for Waters Edge Dermatology to perform puthology work for the bene$t of its patients, federal and state law require that the lab facilities be located in the same physical building us the medicul of$ce. v What hours will the pathology center operate? ’ ----.of 0 The facility peak operation times will befrom 5:OO AM until 9:00 AM, thereby minimizing any impact to the remainder of the PUD. Who will staff the center? 0 The center will be staged by a dermatologist/pathologist, a laboratory operations manager (technical staffl and a part-time courier. What instruments and chemicals are utilized at the center? VIP Processor, Embedding Center, Microtome, Water Bath, Stainer, Coverslipper [Carol - I think you will need to explain what these things are and also state what chemicals will be used and stress the absence of hazardous materials] What is the procedure for examining biopsies? [Carol -IN in procedure] How large will the pathology center be? ne center will consist of two office und storage spuce of 933 square feet and work area space of I IO0 square feet in accordance with the attachedfloor plan. Will the pathology center increase the number of trips or require additional parking? No. The space is currently approved for general office and meets the concurrency and tragic requirements for this use. As set forth above, the number of persons utilizing the pathologv center will be far less than the number generally occupying an offe. What will happen if the pathology center no longer occupies the space? The space will revert back to general! ofice and will not be utilized for medical ofJice or expansion of the existing practice. Waters Edge Dermatology will agree to a condition prohibiting the expansion of the medical office use into this space. a. oc, E P' P D B P P D B D B D D b b b D b b 5 b 3 3 9 b b 9 9 3 3 3 9- 3 3 9- 3 9 B b Ip 5 C *. c' Billing is more accurate and timely.for in,wrance companies and for the patients. I Why must the pathology center be located in Building 600? 0 In order for Waters Edge Dermatology to perform pathology work for the benefit of its patients, federal and state law require that the lab facilities be located in the same physical building as the medical ojtice. v What hours will the pathology center operate? 0 De facility will operate from 5:OO AM until 9:OO AM, thereby minimizing any impact to the remainder of the PUD. Who will staff the center? 0 The center will be staffed by a dermatologst/pathologist, a laboratory operations manager (technical stafj and a part-time courier. What instruments and chemicals are utilized at the center? 0 UP Processor-this equipment flxes the cells in jormalin, removes all the waterjrom the tissue, through a series of alcohols and ultimately infiltrates the tissue with melted wax. This equipment is equipped with a contained charcoal jilter for safety. 0 Embedding Center- is used for embedding and orientating the tissue to give the correct MicrQtome-is used for cutting the tissue block into short ribbons of supporting wax and Water Bath, is for tissue section placement and stretching of the tissue to disperse any Stainer - is the machine that automatically stains the nuclei and cytoplasm of the cells for microscopic diagnosis. There are stains, alcohol and xylene in this process. nis instrument has a selfcontainedfime hood and charcoal filter. slide to enable permanent storage. This instrument is equipped with a self contained fime $filter. prospective when block is cut. tissue. wrinkles that might hinder microscopic examination. Coverslipper- this automated equipment adheres a thin film of protection to the tissue What is the procedure for examining biopsies? The procedure can range from 4 hours to 8 hours depending on the tissue specimen. 1. Specimens are collected in individual offices 2. Courier goes to each location and picks up specimens and returns to lab 3. Specimens are logged in and given a number for identification 4. Specimens are then individually examined and dissected according to guidelines I I 5. Dissected specimens are then placed in the VIP processor fora period of 4-8 hours of processing. During this process the water is removed fro the tissue and it is infiltrated with melted paraffin. . 6. Specimens' are then orientated and blocked in to molds that solidi@ and harden to create a solid block of paraffin with properly orientated tissue. 7. Blocks are placed in numerical order to ensure accuracy and cut on a microtome at 4 microns, the ribbon of parafin and tissue is then floated on a heated waterbath and a section is selected and placed on a lass slide. 8. All slides are heated to melt away the excess paraffin and prepare the slides for staining. 9. The slide is then placed on an automatic stainer and stained with several dyes that stain the nucleus and cytoplasm of the cells forth pathologist to diagnosis. 10. After staining, which takes only twenty minutes the slide has a protective coating (Coverslip) placed on them to protect the tissue and are labeled with correct number and patient name. 11. Slides are matched to paperwork with patient information and clinical history and given to the pathologist (Dr. Schiff) for diagnosis and reporting. 12. Pathologist @r. Schiff) reads the slide and reports hisher findings; it is at this point that treatment can begin. I" v How large will the pathology center be? The center will consist of three ofices and storage areas with a total of 920 square feet and work areu space of 2,050 square feet and bathroom 50 square feet in accordance with the attached floor plan. 0 Will the pathology center increase the number of trips or require additional parking? 0 No. The space is currently approved for general office and meets the concurrency and traffic requiremenis for this use. As sel forth above, the number of persons ulilizing the pathology center will be far less thun the number generally occupying an office. What will happen if the pathology center no longer occupies the space? 9 The space will revert back to general office and will not be utilized.for medical ojfice or . expansion of the existing practice. Waiers Edge Dermatology will agree 10 a condiiion prohibiting the expansion of the medical office use into this space. I ,.* CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410-4698 January 15,2003 Via Certified Mail Mr. Glenn Weller, Agent SouthCap Properties, Inc. 2359 Treasure Isle Drive, #39 Palm Beach Gardens, Florida 33410 RE: Petition SP-02-20: Village Square Professional Park Phase I1 Building 600 Dear Mr. Weller: At the Planning and Zoning Commission meeting of January 14, 2003, the Commission voted 7-0 to grant approval, with conditions, to Petition SP-02-20. This approval shall also be in accordance with the conditions and requirements of previously-approved Ordinance 10, 1999, as amended by Ordinance 25,2002. This letter officially documents the approval by the Planning and Zoning Commission of Petition SP-02-20, which shall be subject to the following conditions: 1. The developer shall pay the required Art in Public Places fee prior to the issuance of the fqt Certificate of Occupancy for Building 600 (Development Compliance, Art Committee Liaison). 2. Landscaping, including long-term tree canopy growth, shall not conflict with lighting (City Forester, Police Department). 3. Prior to issuance of the first Certificate of Occupancy for Building 600, landscaping as shown on SiteLandscape Plan A1.1 adjacent to the south side of Building 600 shall be continued to the east adjacent to the south side of the future site of Building 500 (City Forester). 4. Required digital files of approved plat in its entirety transformed to NAD 83 State Plan Coordinate System shall be submitted to the Planning and Zoning Division prior to issuance of the first building permit. Approved civil engineering as-built design and architectural drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first Certificate of Occupancy for Building 600 (GIs Manager, . Development Compliance Officer). 5. Building 600 shall be limited to a maximum of 5,200 square feet office use. In the future, should the applicant desire to convert office space to medical or dental office use, the applicant is requir and analysis for Phase 11 indicating compliance with all applicable regulations, such as parking requirements and traffic equivale Zoning) - c> Mr. Glenn Weller, Agent Village Square Professional Park Building 600 January 15,2003 Page 2 6. No assigned parking shall be permitted on the site, and all buildings within the PUD shall share all parking spaces, which are owned by the Property Owners Association. (Planning and Zoning) 7. Prior to issuance of the first building permit, parking in front of the entry to Building 600 shall be shifted slightly to allow for a 5-foot walkway and a 5-foot landscape strip to be located at the center of the building's recessed entry. This will replace one parking space. (City Forester) 8. Prior to issuance of the first building permit, the hip roof element of the front and rear mases shall be shown properly on the roof plan and shall be configured as outlined below. (Planning & Zoning) 9. Prior to issuance of the first building permit, the ridgeline created by the fiont and rear hip roof masses should intersect (line up) with the ridgeline of the long roof at the same elevation. This intersection shall dictate the height of the raised roof element on the front and rear masses. (Planning & Zoning) 10. Prior to issuance of the first building permit, the two stair tower roof fascia elements shall be raised approximately 18" above the fascia line that wraps around the balance of the building. (Planning & Zoning) 11. The applicant shall submit revised site and landscape plans, elevations, and a roof plan reflecting compliance with conditions 7, 8, 9, and 10 within thirty (30) days of receipt of this letter. This approval, furthermore, shall be in accordance with the following plans on file with the City's Growth Management Department: 1. Building No. 600 Cover Sheet AO, SiteLandscape Plan A1 .l , Floor Plan A2.1, Roof Plan A2.2, Elevation Plan A4.1, by Michael Morel, Architect, received November 22, 2002, and subsequently revised per conditions 7,8,9, and 10 above. This approval applies to the agent, developer, successor and assignees. Sincerely, Craig dQ Kunkle, Jr., Chairman City of Palm Beach Gardens Planning and Zoning Commission Mr. Glenn Weller, Agent Village Square Professional Park Building 600 January 15,2003 Page 3 cc: City Clerk Building Official City Engineer Development Compliance Officer GIs Manager Jhollomadfolde-r Village Square 500 600/SP-02-20 Aprvl Itr 2.d~ 0 0 I P m m I) B B B B B B B B B D D b b D b b b D D D D B b b D B e '0 0 Q) 0 U P v) D 1 1 B B B D D D D D D D D B B B D D D D D b D D B B b B B D D b b b b E) b b b b u e ” CITY OF PALM BEACH GARDENS CITY COUNCIL AGENDA COVER MEMORANDUM Date Prepared: September 13,2004 Meeting Date: October 7,2004 Resolution 200,2004 SUBJECT/AGENDA 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 Finance NIA AICP Charles K. Wu, AICP Approved By: 3riginating Dept.: 3rowth Management: Alr 'roject vianager 9utumn sorrow 'lanner 1 3 Quasi - Judicial [ ] Legislative [XI Public Hearing Advertised: Date: September 23, 2004 Paper: PB Post [XI Required [ 3 Not Required Affected Parties: Notified [ 3 NotRequired FINANCE: NIA Costs: $ NIA Total $ NIA Current FY Funding Source: [ ] Operating [XI Other3 Budget Acct.#: NIA City Council Action: : ] App. wl conditions 1 ] Denied I 3 Rec. approval I ] Rec. app. wl conds. 3 Rec. Denial [ 3 Continued to: ]Approved Attachments: 0 Conditional Use Resolution 200, 2004 Ordinance 27, 1988 Ordinance 29, 1990 Ordinance 33,2003 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 t 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 T .- 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. 1 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 2 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. 3 (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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 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: 2 Date Prepared: September 13,2004 Resolution 200, 2004 1 2 3 4 5 6 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: 7 8 1. 9 10 11 2. 12 13 14 3. 15 16 17 18 4. 19 20 5. 21 22 23 6. 24 25 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) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 4 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, i . . -- 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, i . . - ... - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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: I 1 I I I ! ! I I I 1 .. . .. , I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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: I 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 I 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 I 2 . _._ . 1 2 3 4 2. 5 6 7 8 9 3. 10 11 12 13 4. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 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). 35 37 38 39 40 41 42 43 44 45 46 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) 1 3 , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3Q 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 48 :9 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 4 InlA ~ .- . - . - .- .- 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 - - - -- - - . - .. -. - .. 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 * - - . - ME 2/ 4 I I , FILE No.344 08/18 '03 14:05 1D:URBAN DESIGN STUDIO FAX2561 36 1100 PAGE 31 4 . ' - .*.- -. -- ..- -.*.. - U Y I I. ATTEST; I I i ! \ SUA Water Tower Tank Palm Beach Gardens, FL Not To Scale August 13,2004 ! 4 ClTYOF PBG ah SUA Water Tower Tank Palm Beach Gardens, FL Not To Scale August 13,2004 urban II I 11 I Ii X x 4x I I X X X X I I ! X I I V- ? P 1 I 1 8'-5' 7 5'4' 5'-2- 1 0' 14'4 - 15'4' I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 9 4 : c '""9 I I I .---A I I 1 I I I I I I I I I I I I SEACOAST UTILITY AUTHORITY e Hood Road Utility Complex Ove ra I I AI terna t ive Landscape I m provemen t PI an c I // I\ SEACOAST UTILITY AUTHORITY Hood Road Utility Complex Alternative Landscape Improvement Plan \ I ! SEACOAST UTILITY Hood Road Utility Complex {iim I I I i I 100 NORTHEF BEACH C IMPROV DISTRICT EF 100' DRP EASEMENT (I PAGE ? - 193.3' - -? W Ln (D e P 4 W -J m A W w 2 -. . . 0 0 ::*; .__,. Q I ,VI a , -- :;o .O m S EACOAST UT I L I TY AUTH 0 R I TY Hood Road Utility Complex I Plantlist !? m 0, e e C D, -I I 0 5 0 0 A ui ui 0” j X x .o L. ! X X X ;IM . L c Xx X I V- ? I I I I I I I I I I I I I I I I I ,- ~! I 8. 14'4 15'4' I I 8'-f 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 ORDINANCE 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 WHEREAS, the City Council 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. 2 Date Prepared: August 16,2004 Ordinance 35, 2004 1 PASSED this day of , 2004, upon first reading. 2 3 PASSED AND ADOPTED this day of ,2004, upon second 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 3 Resolution 176, 2004 Date Prepared: August 16, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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. -- ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Resolution 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. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 4. 5. 6. 7. a. 9. IO. 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. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 11. 12. 13. 14. 15. 16. 17. 18. 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. 4 I" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 19. 20. 21. 22. 23. 24. 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. - - ,I 5 7 8 1. 9 10 11 12 2. 13 14 15 3. 16 17 18 19 4. 20 21 22 23 5. 24 25 Resolution 176,2004 Date Prepared: August 16,2004 1 2 3 Palm Beach County. (City Forester & Planning & Zoning) 4 5 6 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. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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.) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 7 1 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: I i , ' 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. 2. 3. 4. 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. -2 - , I 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. 7. -3- 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 i ii 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- J i . -- Y 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 // 4 , / *', '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 i a I i c v u 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-- --- .. .. I i I I i ! i i I 1 I I ~ I I ! i I ! I i i i I I I .I I -- ye 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 1,2004 Meeting Date: October 7,2004 Resolution 197,2004 Subj ect/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 AICP Approved By: Ronald M. Ferris Originating Dept.: Growth Management: 1 Manager 4-L Kara Irwin Senior Planner Action: [XI Quasi-judicial [ 3 Legislative [ ] Public Hearing Advertised: Date: Paper: [ ] Required [XI Not Required Affected Parties: [ ]Notified [XI Not Required - FINANCE: NIA Costs: $ N/A Total $ N/A Current FY Funding Source: [ ] Operating [XI Other- Budget Acct.#: NfA City Council Action: [ ]Approved App. w/ conditions Denied Rec. approval Rec. app. wf 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 7,2004 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 2 1 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 $5 1,520 (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 7,2004 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 f' _________________I F I Xli I ! da i i I 1 I I . L 11-- - w I ? I 4 P 0 A BOULEVARD A 4 3: m r rn 8 0 Q) 0 I P m 0 Y -1 w 0 0 (D 2 n I 2 z cn I rn 0 0 0 m $ I D 0 0 rn cn cn P F I c 0 I --I 9 X -I C A rn 'T PQ II" c f ? -I rn F 0 v) rn E rn F 7 A 0 s rn U v) I -I rn rn -I 8 A 1 A !- z f 5 STATION / -TYPICAL* E XI S TI N G VEGE TA TI ON 212.B.3 d d 2-3.B.2 4 P f z -I - T...,' - *- 'a In # 0 I 1.. i Date Prepared: September 1,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 RESOLUTION 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 4. 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) 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 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 5 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Development Compliance-N/A Bahareh Keshavarz-Wolfs, Date Prepared: September 13,2004 Meeting Date: October 7,2004 Ordinance 19,2004 [ ] Quasi - Judicial [ XI Legislative Subject/Agenda 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. [ X ] Recommendation to APPROVE I 1 Recommendation to DENY Reviewed by: I Originating Dept.: Growth Management: Project Manager City Attorne Christine Tatum I Planner AICP Charles K. Wu, AICP FINANCE: Costs: $-N/A Total s- N/A Current FY Funding Source: [ ] Operating [XI Other-NA Budget Acct.#: NA City Council Action: [ ]Approved [ ] App. wl conditions [ ] Denied [ ] Rec. approval [ ] Rec. app. w/ conds. [ ] Rec. Denial [ ] Continued to: Attachments: Ordinance 19,2004 LDR Section 78-48 and Section 78-49. Date Prepared: September 13, 2004 Meeting Date: October 7, 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 Language: 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 7, 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. 3 Date Prepared: July 20, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 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 ad min istrativel y : 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 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 major ~F-R~FW 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. 2 Date Prepared: July 20,2004 Ordinance 19, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (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): -b. 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 my nonresidential structures ELL 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 requiring action bv the planning, zoning and appeals board or the citv council shall not be considered a maior amendment for the purpose of this section. .. ec,Increase 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. a. Any proposed reduction of heavily utilized parking spaces as determined by the qrowth manaqement director. (2) Increase in density. Any c+taqe increase in the approved number of residential units # .. 3 Date Prepared: July 20, 2004 Ordinance 19,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Increase in building height above the heiqht permitted in the applicable zoninq .. -- 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 apply to single-family 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 negatively impact akx 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. &+weam cr dd An architectural style that is out of character with the approved or existinq architecture (ea, change from Mediterranean style to neo-classical). .. b. w. New residential models that are substantially different from approved mod el s. Building materials. Any significant changes in exterior building materials that result in a downgrade as determined by the growth manaqement director. 4 Date Prepared: July 20, 2004 Ordinance 19, 2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 (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 followinq are not considered a maior amendment: (1) Removal of parkinq spaces to preserve existing trees: creation of required utilitv easements; (2) Relocation of parkinq due to loss of site area to accommodate wideninq of public rights-of way; and /3) The installation of landscaping, screening, or bufferinq associated with city- approved improvements to a nonconforming lot or structure. /d) Administrative variances. The growth manaqement director or desiqnee may issue administrative variances pursuant to the followinq conditions: II) Structural encroachments into setbacks of no more than 10 percent. The qrowth manaqement director may issue an administrative variance for structural encroachments into a setback of no more than 10 percent of the setback, provided the structural encroachment does not encroach upon an easement. /2) Conditions. The qrowth management director may impose such conditions in a development order grantinq an administrative variance as are necessarv 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 lighting, and provision of adequate inqress and egress. 5 Date Prepared: July 20,2004 Ordinance 19,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 /3) Standards for arantinq administrative variances. When considerinq an administrative variance, the growth manaqement 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 buildinas in the same zoninw district; b) the variance is the minimum variance necessary to alleviate the practical difficultv; and c) the variance will be in harmonv with the general intent and purpose of the zoninq code, and will not be injurious to the area involved or otherwise detrimental to the public welfare. /4) Expiration of administrative variances. An administrative variance aranted bv the growth management director shall automaticallv expire under the followinq conditions: a. The variance shall expire 12 months from the date of the written determination of the wrowth management director granting the administrative variance if a buildina 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 expires and is not renewed pursuant to the applicable provisions regardinq renewal of buildinq permits. /5) Appeal of arowth manaqement director's decision. A petitioner mav appeal the determination of the growth manaqement director to the planninq, zoninq and appeals board. Appeals from a final decision of the qrowth management 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) 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Date Prepared: July 20, 2004 Ordinance 19, 2004 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 SU FFl Cl EN CY BY: Christine P. Tatum, City Attorney \\PbgsfileWttorney\attorney-share\ORDlNANCES\admin approvals - ord 19 2004v3.doc 7 I *I 4 LAND DEVELOPMENT 6 78-48 opment area, or overlay districts. The development order application for a standard rezoning shall be subject to the devgopment review process a~ provided in this chapter and as indicated in ‘hble 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 overlay 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 plaaned 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. All applications for development order approval for a rezon- ing shall include the application requirements as described herein. (Ord. NO. 17-2000, Q 24, 7-20-00) Seo. 78-48. Site plan review. (a) Site plan reuiew. The development order application for a site plan review shall be subject to the development review process as provided herein and as indicated in “able 1. (b) Application requirements. All applications for development order approval for a site plan review, excluding parcels located within a planned community district, shall include the application requirements as described herein. lished: (c) Categories of site plan review. The following categories of site plan review are estab (1) Exempt; (2) Major; (3) Minor; and ? Supp. No. IO CD78:39 0 78-48 PALM BEACH GARDENS CODE tive. (4) Admuustra (d) Exempt site plana The following development order applications are exempt from any site plan review, unless such applications are considered a major, minor, or administrative site plan review pureuant to this section: .. (1) Building permita for single family; (2) Repairs or renovations to residential or nonresidential structures when the impmvt+ ments shall be made to the interior of the structure or when the facade, roofline, or exterior dimensions of the structure shall not be changed; and (3) Construction or installation of ground level improvements to any structure which change the exterior dimension, such as concrete pads, or permanent flower or planter boxes. (e) Mujor site phns. The following development order applications are considered a major (1) The proposed development involves land and water area which exceeds three acres; (2) The proposed dwelopment is a residential project of more than 12 dwelling units; (3) The proposed development involves more than 30,000 square feet of nonresidential floor space; and (4) Any application the growth management diredor designates as a major site plan because the proposed development is part of a larger parcel for which additional dervelopment is anticipated that, when aggregated with the project in question, exceeds the limits established herein. (0 Minor site plans. The following development order applications are considered a minor site plan: (1) Applications which do not exceed 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 may'or site plan review. tg) Administmtiue 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 an exempt, major, or minor site plan, or as a major amendment to an apprwed development order, including the following site plan review if the application exceeds one or more of the criteria listed below: (1) A change in trafiic circulation or parking layout; (2) A change in use or occupancy of a structure or premise which increases the amount of required parking in excess of the amount currently approved for the use; or (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 CD78:40 i LAND DEVELOPMENT 0 Sec. 7849. Amendments to approved development orders. 6 78-49 (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 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. a. b. C. d. e. f. Supp. No. 10 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 parkhg. Unless otherwise provided in this chapter, any proposed decrease, not requiring a variance, of the existing number of parking spaces which is the greater of five percent of the existing parking spaces or 20 parking spaces. For the purpose of this section, a site improvement as defined herein is not considered a major amendment. Site improvement consists of such actions as the following: 1. Removal of parking spaces to preserve existing 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. 2. 3. 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. CD78:41 0 78-49 PALM BEACH GARDENS CODE Increase in density. Any change in residential density which, in combination with prior minor amendments, cumulatively exceeds the limitations or standards listed below. a. Number of units. Any proposed increase in the number of residential units. b. Increase in principal structures. Any proposed increase in the number of principal or accessory structures that changes the overall intent of the original approval. Innease in building height. Any proposed increase in building height or number of StQTieS. Utility facilities. Any addition or relocation of outdoor utility facilities, including chillers, air-conditioning units, above ground fuel tanks including propane or ~kal 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. Traffic impact. Any increase in overall traf5c impact, except as may be provided in this chapter. Character and appearance. Any amendment wbich 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 amenitie~ 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 specific unit type of more than five percent. (10) Architectural style. Any change in the approved architectural style of residential An inmase 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 CD78:42 LAND DEVELOPMENT 6 78-62 (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 and zoning commission or city council. 0 (e) 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, Q 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. (b) Signs. Sign plans may be submitted separately from site plan applications. If submitted separately, 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. 78-51. 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 idomation listed below. (1) Amendment requested. The specific text amendment that is requested, including language to be added and language to be deleted. (2) Reason for request. The reasons for requesting the amendment. (3) Supporting information. Any material or supporting documentation in support of the request for a text amendment. (Ord. No. 17-2000, 6 28, 7-20-00) Sec. 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 30,2004 Meeting Date: October 7,2004 Ordinance 41,2004 SubjectlAgenda Item: AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RELATING TO THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR WORK ON STRUCTURES DAMAGED BY HURRICANE FRANCES AND HURRICANE JEANNE; AUTHORIZING THE CITY MANAGER TO IMPLEMENT NECESSARY MODIFICATIONS TO THE BUILDING PERMIT PROCESS; AND PROVIDING AN EFFECTIVE DATE. [ X ] Recommendation to APPROVE I ] Recommendation to DENY Reviewed by: Submitted by: w \ Department Director City Manaier Originating Dept.: Community Services Department Advertised: Date: Paper: [ x ] Not Required Affected parties [ ] Notified - [ x ] Not required costs: $ (Total) $- Current FY Funding Source: [ ] Operating [ ]Other Budget Acct.#: Council Action: [ ] Approved [ ]Approved wl conditions [ ] Denied [ ] Continued to: Attachments: [ ]None Date Prepared: September 30,2004 Meeting Date: October 7,2004 Ordinance 41,2004 BACKGROUND: The Community Services Department anticipates an extraordinary number of building permits will be required to be issued during the next several weeks as damage has been initially estimated in the $35 million to $45 million range. This Emergency Ordinance authorizes the City Manager to make any necessary adjustments to the building permit process to ensure a timely and safe reconstruction process. STAFF RECOMMENDATION: Approval of Ordinance 41,2004. Date Prepared: September 30, 2004 Emergency Ordinance 41,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 EMERGENCY ORDINANCE 41,2004 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA RELATING TO THE CONSTRUCTION, RECONSTRUCTION, AND REPAIR WORK ON STRUCTURES DAMAGED BY HURRICANE FRANCES AND HURRICANE JEANNE; AUTHORIZING THE CITY MANAGER TO IMPLEMENT NECESSARY MODIFICATIONS TO THE DEVELOPMENT REVIEW AND BUILDING PERMIT PROCESS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 4,2004, the City of Palm Beach Gardens was hit by a category 2 Hurricane Frances, resulting in a vast destruction or damaging of buildings, both residential and commercial; and, WHEREAS, on September 8,2004, the City Council adopted Emergency Ordinance 40,2004 relating to construction, reconstruction, and repair work on structures damaged by Hurricane Frances; and WHEREAS, on September 25,2004, the City of Palm Beach Gardens was hit by a second storm, Hurricane Jeanne, resulting in additional destruction or damaging of buildings, both residential and commercial; and, WHEREAS, it is in the public interest and for the safety of the community that reasonable accommodations be made to the development review and building permitting process to assure that construction, reconstruction, and repairs will be conducted and completed in a timely and safe manner; and WHEREAS, Palm Beach County has been declared a disaster area by the Governor of the State of Florida, and a State of Emergency has been declared in the City; and WHEREAS, the City Council has determined that adoption of this Ordinance is in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA that: SECTION 1. The City Manager is empowered to implement such modifications as he may deem necessary to the development review and building permitting process to accommodate the safe and efficient repair and reconstruction of structures damaged by Hurricane Frances and Hurricane Jeanne. Date Prepared: September 30,2004 Emergency Ordinance 41,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 SECTION 2. This Ordinance shall become effective immediately upon adoption. PASSED AND ADOPTED this day of , 2004, upon first reading as an emergency ordinance. CITY OF PALM BEACH GARDENS FOR 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 AGAINST ABSENT \\pbgsfile\Attorneylattorney_share\ORDlNANCES\Emergency Construction Ordinance adding Jeanne.doc 2 City of Palm Beach Gardens Council Agenda October 7,2004 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 r/ Mayor Jablin ‘Vice Mayor Russo JCouncil Member Delgado ’Council Member Levy I. ' 11. ' 111. ' IV. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 7,2004 7:OO P.M. PLEDGE OF ALLEGIANCE ROLL CALL ADDITIONS, DELETIONS, MODIFICATIONS: ANNOUNCEMENTS / PRESENTATIONS: ' a. Presentation of the Florida Recreation and Parks Association Distinguished Young Professional of the Year award. JV. ITEMS OF RESIDENT INTEREST: ' VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Apenda, please submit reauest form to the Citv Clerk prior to this Item) VIII. CONSENT AGENDA: pg& a. Approve Minutes from the August 19, 2004 Regular City Council meeting. VHO b. Approve Minutes from the September 1, 2004 Special City Council meeting. c. Approve Minutes from the September 8,2004 Emergency City Council meeting. d. Approve Minutes from the September 14, 2004 Regular City Council meeting. IX. PUBLIC HEARINGS: Part I - Quasi a. Ordinance 26,2004 - (1st Reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending ordinance 10, 1999 relating to the Village Square Professional Park Phase I1 Planned Unit Development to transfer the master plan approval and related conditions to a separate Resolution; and providing an effective date. Resolution 164, 2004 is a companion item to Ordinance 26, 2004 and will require Council action only on second reading, Resolution 164, 2004 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Village Square Professional Park Phase I1 Planned Unit Development (PUD) located on the West side of Prosperity Farms Road South of its intersection with RCA Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. 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. Ordinance 35, 2004 - (lst 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. 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 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. Part I1 - Non-Quasi X. RESOLUTIONS: a. 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. +4oJcR,F ,e/ L+V XI. ORDINANCES: (For Consideration on First Reading) a. 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. y23d 70 8 3 / 0 Y b. Ordinance 43, 2004 - An Emergency Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the construction, reconstruction, and repair work on structures damaged by Hurricane Frances and Hurricane Jeanne; authorizing the City Manager to implement necessary modifications to the development review and building permit process; and providing an effective date. PpJ Jd Y XII. ITEMS FOR COUNCIL ACTIONLDISCUSSION: XIII. CITY ATTORNEY REPORT: 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 Council Agenda October 7,2004 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 7,2004 7:OO P.M. I. PLEDGE OF ALLEGIANCE 11. ROLLCALL 111. ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. /Page 5) Presentation of the Florida Recreation and Parks Association Distinguished Young Professional of the Year award. V. ITEMS OF RESIDENT INTEREST: VI. CITY MANAGER REPORT: 7. zz VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, Dlease submit request form to the Citv Clerk prior to this Item) VIII. CONSENT AGENDA: Y;zz a. b. C. d. (Page 9) Approve Minutes from the August 19, 2004 Regular City Council meeting. /Page 18LApprove Minutes from the September 1, 2004 Special City Council meeting. jPage 20) Approve Minutes from the September 8, 2004 Emergency City Council meeting. /Page 26) Approve Minutes from the September 14, 2004 Regular City Council meeting. c J IX. PUBLIC HEARINGS: Part I - Quasi a. {Staff Keport on page 29, Ordinance on page 36, Resolution on Page 391 Ordinance 26,2004 - (1st Reading) An Ordinance of the City Council of the City of Palm Beach Gardens, Florida amending ordinance 10, 1999 relating to the Village Square Professional Park Phase I1 Planned Unit Development to transfer the master plan approval and related conditions to a separate Resolution; and providing an effective date. 9: A6 y-0 Resolution 164, 2004 is a companion item to Ordinance 26, 2004 and will require Council action only on second reading. Resolution 164, 2004 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida approving an amendment to the Village Square Professional Park Phase I1 Planned Unit Development (PUD) located on the West side of Prosperity Farms Road South of its intersection with RCA Boulevard, as more particularly described herein; providing for waivers; providing for conditions of approval; and providing an effective date. b. (Staff Keport on page 73, Resolution on page 82) Resolution 200, 2004 - Seacoast Utility - allow removal, relocation & construction of water storage p@f@ tanks. A Resolution of the City Council of the City of Palm Beach Gardens, 60 f3fdxFlorida approving an amendment to an existing conditional use to allow the &W pxisting 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 /o:or 'KP' c~lc/~/J~~ wp date. m C. jStaff Report on page 117, Ordinance on page 140, Resolution on Page 143 Ordinance 35, 2004 - (lst 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. f0 ;03 ?J' s.4. Ir : 45- mwua Resolution 176, 2004 is a companion item to Ordinance 35, 2004 and will require Council action only on second reading. -p io/ac 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. 7 Part I1 - Non-Quasi X. RESOLUTIONS: a. {Staff Report on page 170, Resolution on page 190) 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 195, Ordinance on page 198) 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. I b. {Staff Report on page 2 10, Ordinance on page 2 12) Ordinance 41, 2004 - An Emergency Ordinance of the City Council of the City of Palm Beach Gardens, Florida relating to the construction, reconstruction, and repair work on structures damaged by Hurricane Frances and Hurricane Jeanne; authorizing the City Manager to implement necessary modifications to the development review and building permit process; and providing an effective date. I ; ad? Lj4d XII. ITEMS FOR COUNCIL ACTION/DISCUSSION: XIII. CITY ATTORNEY REPORT: 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. F 4 0 February 2003 GardensArt display “Orphans of Zambia” Photography Exhibit by Jean Hart Howard 0 Teachers from local schools participated in workshop held at Burns Road with artist. This was in conjunction with Center for Creative Education Teachers took projects and classroom study back to schools and projects were designed by students and displayed at City Hall with photography exhibit. Letters were written and exchanged with the children in Zambia . 0 Reception held at City Feb 20 . Public was asked to donate crayons, pencils, and sketch pads Jean Hart Howard took the donated supplies from Palm Beach Gardens Back to a Africa on her latest trip. Mayor Tonight we are holding a quasi-judicial hearing on the following cases: Ordinance 26, 2004 - Amending ordinance IO, 1999 relating to the Village Square Professional Park Phase II Planned Unit Development. 0 Resolution 200, 2004 - Seacoast Utility - allow removal, relocation & construction of water storage tanks Ordinance 35,2004 - The Sanctuary PBG HOA, Inc. Lake Access Tract. 0 0 I would like to explain that tonight the Council is considering FIRST READING of Ordinance 26,2004 and Ordinance 35. Those ordinances propose amendments to the zoning of the property. There will be a second reading and public hearing on both Ordinances. At the same time, there will be public hearings on companion resolutions for each of those Ordinances. A quasi-judicial hearing means that the City Council is required by law to base its decision on the evidence contained in the record of this proceeding, which consists of the testimony at the hearing, the materials which are in the official City file on this application and any documents presented during this hearing. The Council is also required by law to allow cross- examination of any witnesses who testify tonight. Cross-examination may occur after the staff, the applicant and other participants have made their presentations and will be permitted in the order of the witnesses’ appearance. It is necessary that anyone who testifies at the hearing remain until the conclusion of the hearing in order to be able to respond to any questions. If you plan to testify this evening, or wish to offer written comments, please fill out a card and give it to the City Clerk. The City Council has adopted Resolution 86, 2003 which establishes the quasi-judicial procedures the City utilizes. I will now ask the City Attorney to review the procedures that we will follow: Chris Procedures 1. The City Clerk shall read the title of the Ordinance or Resolution. 2. The Mayor declares the public hearing open. 3. Ex parte contacts disclosed (The name of the person with whom the contact occurred and the subject matter of the discussion will be disclosed). 4. The City Clerk will administer an oath to all persons who intend to testify at this hearing. 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. 5. The City staff will make an initial presentation (only the members of the City Council are permitted to ask questions) 6. The petitioner will then make a presentation. (only the members of the City Council are permitted to ask questions). 7. Other parties who are present to testify and/or provide written or other evidence for inclusion in the record will be permitted to do so. (only the members of the City Council are permitted to ask questions). 8. 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. 9. Anyone who testifies at the hearing should remain until the conclusion of the hearing in order to be able to respond to any questions. IO. Petitioner has opportunity for a brief rebuttal and summary. 11. The Mayor closes the public hearing closed, and a motion will be made regarding the matter. 12. The Council will then proceed to discuss the matter and vote on the matter. Mayor The City Clerk will now swear in all persons who intend to offer testimony this evening on any of these cases. Sanctuary PUD The applicant has indicated that it will take approximately 20 minutes to present their case. We have received a request from Attorney Gfesser for an allotment of 10 minutes. Acceptable to Council? Resolution 135, 2004: Target Master Site Plan Approval The following condition is proposed to be added to Resolution 135, 2004: 7. Within six (6) months of the effective date of this Resolution, the applicant shall construct and maintain the approved City Entrvwav monument siqn, in a location qenerallv consistent with the boundary between the City of Palm Beach Gardens and the Town of Lake Park and in accordance with the City’s approved design, which incorporates the Town of Lake Park signaqe. /City Forester, Planninq and Zoninq) The following condition has been modified accordingly: 24. The build-out date for the project is December 31, 20054, unless expressly extended by the City in accordance with Ordinance IO, 2003. (Engineering) 4 , ?- Florida Department of Law Enforcement Guy M. Tunnel1 Commissioner Office of Criminal Justice Grants Mailing Address: Ofice of Criminal Justice Grants Florida Department of Law Enforcement 233 1 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 OCT - 1 2004 The Honorable Eric Jablin Mayor, City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: 05-CJ-K3- 10-60-02-089 / Automated Fingerprint Identification System (AFIS) 1 Dear Mayor Jablin: The Florida Department of Law Enforcement is pleased to award a Byme State and Local Law Enforcement Formula Grant in the amount of $89,700 to your unit of government. These fimds shall be utilized to implement a Byrne Program under Purpose Area 15B - Criminal Justice Information System. A copy of the approved subgrant application with the above referenced grant number and project title is enclosed for your file. All correspondence with the Department should always refer to the grant number and project title. Your attention is directed to Section G of the subgrant, "Acceptance and Agreement". These conditions should be reviewed carefully by those persons responsible for project administration to avoid delays in project completion and cost reimbursements. Also, you should review the enclosed Subgrant Award Certificate. This certificate contains important information that applies to this award. The enclosed Certificate of Acceptance should be completed and returned to the Department within 30 calendar days from the date of award. This certificate constitutes official acceptance of the award and must be received by the Department prior to the reimbursement of any project expenditures. Committed to Service - Integrity - Respect Quality Y The Honorable Eric Jablin Page Two We look forward to working with you on this project. If we can be of further assistance, please contact Janice Parish at (850)410-8700. Sincerely, Community Program Administrator CHW/JP/dh Enclosures Y State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program CERTIFICATE OF ACCEPTANCE OF SUBGRANT AWARD The subgrantee, through its authorized representative, acknowledges receipt and acceptance of subgrant award number 05-CJ-K3-10-60-02-089 in the amount of $89,700, for a project entitled: Automated Fingerprint Identification System (AFIS) 1 for the period of 10/01/2004through og/30/2005, to be implemented in accordance with the approved subgrant application, and subject to the Florida Department of Law Enforcement's conditions of acceptance ,and agreement and special conditions governing this subgrant. (Signature of Authorized Official) (Date of Acceptance) ~ _- (Typed Name of Official) ~ ~- (Typed Title of Official) City of Palm Beach Gardens (Name of Subgrantee) 4 c State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program SURGRANT AWARD CE HTI FI CATE Subgrantee: City of Palm Beach Gardens Date of Award: Grant Period: From: 10/01/2004 To: 09/30/2005 OCT - 1 2004 Project Title: Automated Fingerprint Identification System (AFIS) 1 Grant Number: 05-CJ-K3-10-60-02-089 Federal Funds: $89,700.00 State Agency Match: Local Agency Match: $29.900.00 Total Project Cost: $119,600.00 Program Area: 15B Award is hereby made in the amount and for the period shown above of a subgrant under Title I of the Omnibus Crime Control and Safe Streets Act of 1968, P.L. 90-351, as amended, and the Anti-Drug Abuse Act of 1988, P.L. 100-690. to the above mentioned subgrantee and subject to any attached or special conditions. This award is subject to all applicable rules, regulations, and conditions as contained in the Financial and Administrative Guide for Grants, Guideline Manual 7100.1D, Office of Justice Programs, Common Rule for State and Local Governments or OMB Circulars A-87, A-110 and A-21, in their entirety. It is also subject to such further rules, regulations and policies as may be reasonably prescribed by the State or Federal Government consistent with the purposes and authorization of P.L. 90-351. as amended, and P.L. 100-690. c 05-CJ-K3-10-60-02-089 SUBGRANT AWARD CERTIFICATE ICONTINUEDI: This grant shall become effective on the beginning date of the grant period provided that within 30 days from the date of award, a properly executed Certificate of Acceptance of Subgrant Award is returned to the Department. Authorizsd Official Clayton H. Wilder Community Program Administrator Date [XIThis award is subject to special conditions (attached). State of Florida Office of Criminal Justice Grants Florida Department of Law Enforcement Byrne Formula Grant Program SPECIAL CONDITION(S)/GENERAL COMMENTIS) Subgrantee: City of Palm Beach Gardens Grant Number: 05-CJ-K3-10-60-0 2-089 Project Title: Automated Finqerprint Identification System (AFIS) 1 In addition to the general conditions applicable to project administration, the award is subject to the following Special Condition(s) : The ADP form submitted with this application is approved. The Sole Source Justification form submitted with this application is approved. I Application for Funding Assistance I County Palm Beach I Florida Department of Law Enforcement Please read instructions before completing this applic&ion.piiAy 2 4 2004 0 0 The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. The term "OCJG" refers to the Office of Criminal Justice Grants. The term "rubgrant recipient" or 'subgrantee' refers to the governing body of a city, cou Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). It may also be an en* eligible to be a subgrantee (ex. Ci of Live Oak) Instructions are incorporated in this document by reference. . This section to be completed by Subgrantee 2. This section to be completed by OCJG Continuation of Previous Subgrant? 0 Yes X No Program Area #: CFDA #: 16379 If Yes, enter CJ Contract# of Previous Subgrant ts 6 SFY 2004 CJ Contract # SFY 2005 CJ Contract # 2OO5 - CJ -u-& -hp-Q&-M 3. Applicant Information 1. Subgrant Recipient (Subgrantee) Name of Subgrant Recipient (Unit of Government): Ci of Palm Beach Gardens Name of Chief Elected Official I State Agency Head: Eric Jablin Title: Mayor Address: 10500 North Military Trail Ci, County, State, Zip Code: Palm Beach Gardens, Palm Beach, FL 33410 E-mail Address: ejablin@pbgfl.com 2. Chief Financial Officer of Subgrant Recipient (Subgrantee) Name of Chief Financial Officer: Allan Owens Tie: Finance Director Address: 10500 North Military Trail Ci, County, State, Zip Code: Palm Beach Gardens, Palm Beach, FL 33410 E-mail Address: aowens@pbgfl.com I County Palm Beach Area Code I Phone # Area Code I Fax # (561) 7994111 Area Code I Phone # (581) 7994163 SUNCOM # Area Code I Fax # (SI) 7994190 3. Implementing Agency Name of Implementing Agency: Ci of Palm Beach Gardens Police Department Name of Chief Executive Official I State Agency Head I Subgrantee representative (i a subordinate agency of the subgrant recipient): Stephen J. Stepp Title: Chief of Police I County Palm Beach SUNCOM # Ci, County, State, Zip Code: Palm Beach Gardens, Palm Beach County, FL 33410 Address: 10500 North Military Trail E-mail Address: sstepp@pbgfl.com -- . . . Name: Not applicable Title: Application for Funding Assistance Florida Department of Law Enforcement County 1 Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program I 4. Project Director Name of Proiect Director: (Implementing Agency Employee) Richard Blood Tie: Police Lieutenant Address: 10500 North Miliary Trail City, County, State, Zip Code: Palm Beach Gardens, Palm Beach, FL 33410 E-mail Address: rblood@pbgfl.com 5. Contact Person Name of Contact Person: Ernie Carr (if other than Project Director) Title: Police Major Address: 10500 North Miliry Trail City, County, State, Zip Code: Palm Beach Gardens, Palm Beach, FL 3341 0 E-mail Address: ecarrdpbafl .com 6. Person Responsible For Financial Reporting (ii known) Name: Ernie Carr Title: Police Major Address: 10500 North Miliry Trail Cty, County, State, Zip Code: Palm Beach Gardens, Palm Beach, FL 33410 E-mail Address: ecarr@pbgfl.com 7. Person Responsible For Programmatic Performance Reporting (if known) Name: Richard Blood Title: Police Lieutenant Address: 10500 North Miliry Trail Ci, County, State, Zip Code: Palm Beach Gardens, Palm Beach, FL 3341 0 E-mail Address: rblood@pbgfl.com County Palm Beach Area Code I Phone # (561) 7994508 SUNCOM # Area Code I Fax # (561) 7994559 County Palm Beach Area Code I Phone # (561) 7994499 SUNCOM # Area Code I Fax # (561) 799-4473 County Palm Beach Area Code I Phone # SUNCOM # (561) 7994499 Area Code I Fax # (561) 7994473 Palm Beach Area Code I Phone # (561) 799-4508 SUNCOM # Area Code I Fax # (561) 799-4559 Address: Ci, County, State, Zip Code: E-mail Address: Area Code I Phone # SUNCOM# . Area Code I Fax # Grant Appllcatbn section u- Page 2 .. Project period: Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Start: October I, 2004 End: September 30,2005 :. Administrative Data 1. Project Titte: Automated Fingerprint Identification System (MIS) 2. Is the subgrantee participating in the State of Florida Comptroller's office electronic transfer procaram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) 3. Frequency of Fiscal Reporting: Monthly- Quarterly 3. Subgrant Recipient FElD #: 59-6045863 4. State Agency SAMAS #: not apdicaMe 5. Project Generated Income (PGI): will the project earn PGI? (See Section G, Item 9.) ~~~ 6. Cash Advance: Will you request an advance? yes- Amount No X If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. Amount requested must be jusWied and accepted by FDLE. e Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program E. Project Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. Use a readable size font, per instructions. . Currently the State of Florida is utilizing the ‘Automated Fingerprint Identification System’ (AFIS). A part of the AFlS system allows latent fingerprints from crime scenes to be searched against the local and state-wide database for quick identification of possible matches. This can be accomplished by agencies at a local level utilizing the ‘Omnitrak Latent Image Workstation’ and it‘s supporting components. At this time, there is no fingerprint identification system located in Northern Palm Beach County. Latent fingerprints recovered by agencies in Northern Palm Beach County are forwarded to the Palm Beach County Sheriffs Office for identification. This process often takes two to six weeks to get identification on latent fingerprints submitted due to the large number of pending cases from other agencies. This delay makes it difficult to identify and apprehend offenders in a timely manner. Additional crimes are likely to take place during this lag time. Currently the Boca Raton Police Department has the AFlS system in Southern Palm Beach County, the West Palm Beach Police Department covers the central areas of Palm Beach County, and the Palm Beach County Sheriffs Office is serving the other municipalities and all unincorporated areas. There is an immediate need for an agency in Northern Palm Beach County to service that area. The Palm Beach Gardens Police Department has a certified AFlS instructor on staff and therefore, will not incur any additional staffing expenses with the approval of this requested grant. With the ongoing growth in Northern Palm Beach County and in particular Palm Beach Gardens, curtailing Part 1 crimes continues to be a major part of local law enforcement efforts. The drug relatedness of these crimes increases the likelihood of more occurring until the offender is identified. Additionally, because of the mobility and transient status of many violent crime offenders, there is an urgent need to identify suspects in the least possible time. In many cases, we recover latent prints at the scene of the crime, but are often delayed in identifying these suspects. The grant will assist law enforcement agencies’ efforts in Northern Palm Beach County by providing a fast, positive identification of suspects and wanted persons before these persons can commit additional crimes or leave the area. 0 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancementlexpansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional pages if necessary; do not exceed three pages. Personnel from the Palm Beach Gardens Police Department will oversee the purchase and installation of the AFlS Omnitrak Latent Image Workstation and establish the necessary data communications link to the Palm Beach County Sheriffs Office and the Florida Department of Law Enforcement in Tallahassee. The Omnitrak Latent Image Workstation will be ordered once the grant is approved. The Omnitrak Latent Image Workstation will be located in the Detective Bureau of the Palm Beach Gardens Police Department and the installation will be accomplished by the vendor. Palm Beach Gardens Police Department currently has a certified AFlS instructor on staff and will train any Northern Palm Beach County agency who wishes to participate in its use. Once trained, we will provide access to the system for their use. This will enhance our long standing commitment to NAMAC (Northern Area Mutual Aid Consortium), which includes 7 municipal law enforcement agencies, the Sheriffs Office, and the School District Police. The purchase of the AFlS Omnitrak Latent Image Workstation will enable the Palm Beach Gardens Police Department and other Northern Palm Beach County law enforcement agencies to enter latent prints obtained from crime scenes or other evidence, and quickly obtain a list of possible fingerprint matches from the FDLE state-wide fingerprint database. This timely identification process will result in faster arrests with increased probability of prosecution and conviction. Faster arrests will help eliminate ongoing violent crimes such as aggravated assaults, robberies, and sexual assaults. Additionally, it will have a tremendous impact on processing burglary and theft cases which are most often drug related. The law enforcement agencies that belong to NAMAC will have access to the AFlS system. This will provide an enhanced benefit to law enforcement in the northern part of Palm Beach County. The success of this project will be measured by the number of timely submissions into the AFlS system by northern county law enforcement agencies, leading to arrests. Our short-term goal is to implement and train users on the AFlS Workstation and our long-range goal is to reduce time identifying offenders and making the arrest in a timely manner when latent prints are recovered from a scene. . Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program All Financial Claim Reports and Quarterly Programmatic Performance Reports will be submitted to FDLE via the grants administrator position funded through the Palm Beach County Administration grant. Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 3. Proclram Obiectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, i.e., Uniform Objectives, Project-Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 41 0- 8700 for further guidance. Continue on a second page if necessary. a. List the number and title of the Program Area to be addressed. Refer to Appendix 11, Part II, for a listing of authorized program areas. (Select only 1 Program Area) Criminal Justice Information Svstem (Title) b. List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included, please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. Uniform Obiectives: (Mandatory, copy as worded for the program area addressed and include all appropriate questions. Include Objectives from only 1 program area, Objectives from a different program area could be included as Project Specific Objectives). 15B.02 Identify and/or revise reports necessary to support operational and administrative information requirements evidenced by the development of report forms. Part 1 - During this reporting period, were report forms developed and/or revised? 15B.03 Establish and/or revise a time schedule of activities for phased implementation of the system evidenced by a written plan of action that identifies the tasks and times for their completion, as well as staff responsible for those accomplishments. Part 1 - During this reporting period, was a written plan of action developed andor revised? L Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Self-Generated Obiectives: 1 Purchase, install and operate Automated Fingerprint Identification Systems (AFIS) workstation equipment. Part 1- During this reporting period, did you order AFIS equipment? Please describe in the report narrative. Part 2 - During this reporting period, did you install and test equipment? Please describe in the report narrative. Part 3 - During this reporting period, did AFIS equipment become operational? Please describe in the report narrative. In thii narrative, please also indicate how many fingetprints you processed using AFlS equipment during this period. 2 Provide training and access for all seven (7) NAMAC law enforcement agencies wishing to participate. Part 1 - During this reporting period, did you train any law enforcement agencies on the use and operation of the AFlS workstation? Part 2 - During this reporting period, did you provide access to the AFlS workstation to any other law enforcement agencies? . October 1,2004 - September 30,2005 Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep X X X X Submit Financial Reimbursement Requests (05) Submit Financial Closeout Package Application for Funding Assistance Florida Department of Law Enforcement Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program 1 4. Activitv Implementation Schedule. Complete the Activity Implementation Schedule 1 showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dates for all projects. Place an additional "X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities." Your Quarterly Performance Reports will be reviewed against this schedule. Submit Quarterly Program Reports I Subgrant Period (Beginning Date - Ending Date): I X Programmatic Activities (Continue on a second page if necessary.) Be sure to include activities mentioned in the Project Description . Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F. Project Budget 1. Budget Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Bel Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. Enter the amount of federal, matching, and total funds by budget category that you will support project activities. Enter dollar amounts only in applicable categories based on from the Budget Narrative and leave others blank. Total Local Match must be a minim 25 percent of the Total Budget. Show all figures rounded to the next highest dollar; do not include cents. (Example $4.505.25 as $4.506). b. c. Type or Print Dollar Amounts Only in Applicable Categories and Leave Others E I Budget Category Federal Salaries And Benefits Contractual Services Expenses $89,700 Operating Capital Outlay Indirect Costs Totals $89,700 Match Total ~__ $29,900 $1 19,60 $29,900 $1 19,6(1 . . Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Budget Narrative a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay (OCO), Indirect Costs). The Total Project Costs should be included. b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. (Continue on additional pages if necessary.) Please respond to the following five items before providing the details of the Budget Narrative. 1. Source of match must be cash and represent no less than twenty-five (25) percent of the project’s cost. a. Identify your specific sources of matching funds. Matching funds will be provided by the City of Palm Beach Gardens’ budgeted General Fund revenues. b. Is match available at the start of the grant period? Yes. c. If match will be provided from a source other than the subgrant recipient or the implementing agency, how will the match be tracked and verified? (The subgrantee is responsible for compliance.) Not applicable. 2. If Salaries 2nd Benefits are included in the Sudget as P.dual Cests fx s?aff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? Not applicable. No: If no, please explain. Yes: If yes, please list number and title of position and type of benefits. 3. Indicate the OCO threshold established by the subgrantee. $750. 4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. Not applicable. 5. If the budget includes services based on unit costs, be sure to provide a definition and cost for each service as part of the budget narrative for contractual services. Provide the following information. Not applicable. a. What is the basis for the unit costs? b. How recently was the basis established or updated? FDLE Em Fbnnula GrantAppllcaLlon Package Grant Applicedlon Sect/m II - Pam 11 Application for Funding Assistance Florida Department of Law Enforcement Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program Project Budget Narrative OMNITRAK LATENT IMAGE WORKSTATION 0 HP xw4100 Minitower Workstation wlWindows 0 21” CRT Monitor 0 Pixera ES 150 Digital Camera and Workbench 0 Epson Perfection Flatbed Scanner 0 Workstation Furniture and Chair 0 Latent Case Management, Latent Fingerprint and Palm Print Software SUPPORTING EQUIPMENT 0 One (1) Codonics NP 1600 Printer $119.600 $1 10,000 $9,600 All goods will be purchased in accordance with the purchasing procedures of the City of Palm Beach Gardens. The goal of this project is to reduce crime and expedite the investigative/forensic process by providing faster and better identification of suspects and criminals. An Omnitrak Latent Image Workstation will be purchased and installed at the Palm Beach Gardens Police Department. This system will allow personnel to make timely and accurate identifications of latent fingerprint images taken from crime scenes and other evidence. The equipment requested for this grant consists of a computer, monitor, printer, digital camera, flatbed scanner, workstation furniture, latent case management software, Printrak Omnitrak client application, and the necessary communication software to interface with and utilize the AFlS database maintained by the Florida Department of Law Enforcement. FDLEBm Fonnuk GmntA~prrcPrson Package Grant Applkallon secdlonII-Paoel2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as speCmed in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) FinancMI Guide and Byme Program Guidance Document as well as Florida laws and regulations including the Florida Admlnlstrative Code Chapder 11 D-Q, Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program. 2. AllowableCosts a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowabili and standards for selected cost items set forth in the OJP financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OM6 Circular A-87, "Cost Principles for State, Local and Indian Tribal Governments", or OM6 Circular A-21, "Cost Principles for Educational Institutions ". b. All procedures employed in the use of federal funds for any procurement shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OM6 Circular A-I 10 and Florida law to be eligible for reimbursement 3. Reports a. Project Performance Reports (1) Reporting Time Frames: The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original" project period, additional Quarterly Project Pefimance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. (2) Report Contents: Performance reports must include both required sections, the quantitative response (in response to speak objectives and measures) and the qualie narrative. The narrative must reflect on accomplishments for the quarter, incorporate specific items specified for inclusion in performance measures, and also identiiy problems with project implementation and address actions being taken to resolve the problems. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-1 1) are due thirty-one (31) days afterthe end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract (Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such daim shall be distinctty identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audl and post-audit FOE Byme Formula Grant AppllcaLm Package GranlApp/kat/on SecUon II - Paae 13 . Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (4) Before the "finar' claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1, August 1, and within forty-fwe (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 10, Program Income.) c. OtherReports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 4. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall estaMih fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. b. All contractual expenditures and cost accounting of funds shall conform to OJP financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-27, A-87, and A-7 70, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 5. Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legdature. 6. Obligation of Subgrant Recipknt Funds Subgrant funds shall not under any circumstances be obligated prior to the effective date or subsequent to the termination date ofthe subgrant period. Onty project costs incurred on or after the effective date and on or priorto the termination date of the subgrant recipient's project are eligible for reimbursement. 7. Advance Funding Advance funding nay be ~~:?iohd for up :O twentyfive (25) pe:ccnt af the federal zv;m! %r each prcject according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justirying the need for such funds. This request, induding the justification, shall be either endosed wit!^ the subgrant application or submitted to the Department prior to the first request for reimbursement Justification should address a 30/60/9O-day need for cash based on the budgeted activities for the period. 8. Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. 9. Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel priorto commencement of training, if the specific trainingwas not lied in the approved budget. Subgrant recipients shall obtain written approval from the Department for reimbursement of travel costs for field trips that were not listed in the approved project description and budget. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 1 12.061, Florida StaMes. GrrnlAppllcrtlon section II. Pam 14 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide and US. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 1 I. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contracts compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during b useful life or request Department disposition. b. The subgrant recipient shall estaMish and administer a system to protect, preserve, use, maintain and dqme of any property furnished to it by the Department or purchased pursuant to this agreement accordingto federal properly management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB CircularA-1 IO. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, dwveries, inventions, and results developed, produced, or discovered subordinate to thii agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for St8fe end Local Governments, or the federal OMB Circular A-1 10. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownershipv& supportfunded under this grant agreement. 15. Audit a. Subgrant recipientsthat expend $500,000 or more in a year in Federal awards shall have a singleor program- specific audit conducted for that year. The audit shall be performed in accordance with the federal OM8 Circular A-I33 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified asfederdfuncls passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 21 5.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall indude any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit repohs will not be accepted by the Department and will be returned to the subgrant recipient c. The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant b. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the FDLE Syme Formula QraniAp~/~ Packacre Granl Appllcatlon Sectlon I1 - Paae 15 . Application for Funding Assistance Florida Department of Law Enforcement Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program audit report in instances of noncompliance with federal laws and regulations. e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exemptfrom the audit requirements of OBM Cirw/larA-133 for that fiscal year. In this case, written notification, whch can bein the form of the 'CerWication of Audit Exemption" form, shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempt This notice shall be provided to the Department no later than March 1 following the end of the fiscal year. f. g. If this agreement is dosed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Mce of Criminal Justice Grants 2331 Phillips Road Tallahassee, Florida 32308 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement by the subgrant recipmt, the subgrant recipients consuttants and suppliers, or both, the Department shall impose sanctions it deems appropnate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall nom the subgrant recipient of its decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid onlyfor those services satisfactotily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. b. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and reobligate subgrantfunds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extendthestarting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure In performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) ifsuch failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, ads of God or of the public enemy, ads of the government in either its wereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, but in every case, the failure to perform shall be beyond the control and withoutthe fault or negligence of the subgrant recipient. If failure to perform is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: 18. Excusable Delays a. b. Application for Funding Assistance Florida Department of Law Enforcement Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program (1) (2) Supplies or services to be furnished by the consultant were obtainable from other sources, The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension d a Contract for Contractual Services Extension of a contract for contractual services between the subgrant recipient and a contractor (which includes dl project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. Subgrant recipients shall obtain approval from the Department for major substantive changes. These indude, but are not limited to: 20. Written Approval of Changes in this Approved Agreement a. Changes in project activities, target populations, service providers, implementation schedules, designs or research plans set forth in the approved agreement; Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (1 0) percent of the total approved budget and the transfer is made to an approved budget item; or, c. Transfers of funds above the ten (1 0) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) Under no circumstances can transfers of funds increase the total budgeted award. a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under thii agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Departments decision. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Departmenrs derk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures setforth in Rule 26-106.1 04, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. b. d. 21. Disputes and Appeals b. 22. Confemnces and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the project site to monitor, inspect and assess work performed under this agreement. 23. Access To Record@' a. The Department of Law Enforcement, the Auditor G&&al of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractorsforthe purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. FDLEBymeF~GrantAppllcatlonPackage Gmnf Applicadlon SectionN-Pm 17 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, lettm, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24. Retention of Records The subgrant recipient shall maintain aH records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the lmplementing&ency Official, Administrator or Designated Representative who sign Section 1. Signature Page, have the authorityto request changes to the approved agreement. The prior mentioned individuals have authority to sign or make amendments to the Sole Source and the ADP Justification forms. The Project Director has authorityto submit requests for approval of specific trave!, Financial and Performance Reports, with the exception ofthe Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority When the authorized official of a subgrant recipient or the implementing agency designates some other person signature authority for himher, the chief officer or elected official must submit to the department a letter or resolution indicating the person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. The letter must also specify the authority being delegated. Upon implementation of the project in the event there is a change in Chief Executive Officersfor the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to indude appropriate signatures. 27. Personnel Changes 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotiine; and aW persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment For the purposes of the subsection, security background investigations shall include, but not befimitedto, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local criminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a secunty background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall betaken by the employing agency or by an authorized law enforcement officer and submitted to the Departmentof Law Enforcement for processing and fotwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse the (2) Application for Funding Assistance Florida Department of Law Enforcement Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded bythe Byrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Depaftment of Justice, Oftice of Justice Programs, Drug Courts Program Office, program guidelines “Defining Drug Courts: The Key Components”, January 1997. This document can be obtainedfrom FDLE, office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal reddvism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from thii award to support overtime by law enforcement officers, the US. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected julisdction. The purpose of thii consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system underthe Omnibus Crime Control and Safe Streets Act of 1968,42 U.S.C. 3701, etseq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. The subgrant recipient and a criminal justice agency that is the implementing agency agree to cerbfy thatthey operate a criminal intelligence system in accordance with Sections 802(a) end 818(c) ofthe Omnibus Crime Control end Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Opemting Policies and in the Bureau of Justice Assistance‘s Formula Grant Program Guidance. Submission of this certification is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreementwas made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department‘s approval of the subgrant recipient agreement does not constitute approval of the subgrant- funded development or operation of a criminal intelligence system. b. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by aH of the conditions for confidential funds as set forth in the effective ediion of OJP’s Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed cerbification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from participation in, be refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VI of the CMl Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non-Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and the implementing agency agree to cerbfy that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite tp entering into this agreement This certification is a material representation of fact upon which reliance was p!aeed when this agreement was made. If the -- Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program subgrant recipient or implementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date thii agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157,42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any subgrant recipient or implementing agency receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DOJ, Oflice for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DOJ, OCR for approval. The submission shall be in both paper copy and electronic format If the U.S. DOJ, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. d. In the event a Federal or State court of Federal or State administrative agency makes a finding of discrimination after a due process hearing on the grounds of race, color, religion, national origin, sex, or disability against a recipient of funds, the recipient will forward a copy of the finding to the OPfice for Civl Rights, Oftice of Justice Programs. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101-336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation Title ll), public accommodations (Title Ill), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized ahworkers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immigration and Nationality Act ('INA"). The Department shall consider the employment by any contractor of unauthotized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of thii contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it applies as long as the activity is being conducted by the subgrantee or any third patty and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (3) (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the US. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. .. c Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to complywith Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.51 0, Participants Responsibilities). These procedures require the subgrant recipient tow itshd not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligble or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbymg' and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. This certification is a material representation of fact upon which reliance was placed when this agreementwas made. Submission of thii certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Secfion 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penally of not less than $1 0,OOO and not more than $l00,000for each failure to file. b. c. The undersigned certifies, to the best of his or her knowledge and belief, that (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an ofticeror employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congressin connectionwith this federal contract, grant loan, or cooperative agreement, the undersigned shd complete and submithe standard form, Disclosure of Lobbvina Activities, according to its instructions. (3) The undersigned shall require that the language of this certification be included in award documentsfor dl subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract Funds from this award may not be used to operate a 'pay-to-stay program in any local jail. Furthermore, no funds may be given to local jails that operate 'pay-to-stay" programs. 'Local jail', as referenced in this condition, means an adult facili or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. 'Pay-to-stay' programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise availabletothe general inmate population, may be provided, based upon as offender's apparent abili to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 40. "Pay -toStay" 41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessmentlimpact statements as required underthe National Environmental Policy Act a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. * 8 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involvingthe identification, seizure, or dosure of clandestine methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized dandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site@) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to indude funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the lie of the subgrant In so doing, the subgrantee understands that it may implementthese protective measures directiy through the use of its own resources and staff or may secure the qualied services of other agencies, contractor or other qualied third patty. 1. 2. 3. 4. 5. 6. 7. 8. 9. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine methamphetamine laboratories; Provide Occupational Safety and Health Administration (OSHA) required initial and refreshertraining for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or dosure of dandestine methamphetamine laboratories; As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; Assign properly trained personnel to prepare a comprehensive contamination report on each dosed laboratow, Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site@) of each seized clandestine laboratory; Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recyding facilities; Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; Have in place and implement an inter-agency agreement or other form of commitmentwith a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that ant residual contamination is remediated, if necessary, and in accordance with eMng State and Federal requirements; and Included among the personnel involved in seizing of clandestine methamphetaminelaboratories, or have immediate access to, qualied personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for methamphetamine toxjcrty, and arranging for any necessary follow-up medical tests, examinations or health care. 42. Limited English Proficiency National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance to assist agencies to comply with Me VI requirements. The guidance document can be accessed on the Internet atwww.lep.gov, or by contacting OJP's Office for CMl Rights at (202) 307-0690, or by Application for Funding Assistance Florida Department of Law Enforcement Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program writing to the following address: Oftice for Civil Rights Office of Justice Programs U.S. Department of Justice 810 Seventh Street NW, Eighth Floor Washington, DC 20531 FDLE Syme Formula Grant Apprrcallon Package Grant Appllcadlon Section /I - Paae 23 Application for Funding Assistance Florida Department of Law Enforcement Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTlFlCA TlON I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): X Meets Act Criteria -Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient.. . (Select one of the following): X Has a Current EEO Plan - Does Not Have a Current EEO Plan Has included a copy of the current approval letter from the US DOJ I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a nce is approved or face loss of federal funds. Type Name: Eric JaMin Tie: Mayor Subgrant Recipient: Ci of Palm Beach Gardens Date: s-/O-OY JUN 22 20Vt Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program IMPLEMENTING AGENCY CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that this Implementing Agency.. .(Se/edone of lfre following): X Meets Act Criteria - Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Implementing Agency meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Implementing Agency.. . (Se/ect one of the following): X Has a Current EEO Plan Does Not Have a Current EEO Plan Is Included in the EEO Plan of the Subgrant Recipient. Has included a copy of the current approval letter from the US DOJ I further affirm that if the Implementing Agency meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. cia1 Type Name: Stephen Stem Name of Subgrant Recipient: Ci of Palm Beach Gardens Name of Implementing Agency: Citv of Palm Beach Gardens Police Department Tie: Chief of Police Date: 5- 7-oy JUN 2 2 m Application for Funding Assistance Florida Department of Law Enforcement Edward Byme Memorial State and Local Law Enforcement Assistance Formula Grant Program H. ignature Page In witness whereof, the parties aflirrn they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. Signature: I' Typed Name and Tie: Clavton H. Wilder. Communtv Proaram Administrator Date: q-30- 4 Ci of Palm Beach Gardens Typed Name and Title: Eric JaMin Mavor Date: 5-/0-0'f Typed Name of Implementing Agency: Ci of Palm Beach Gardens Police DeDartment Signature: Typed Name and Tie: Stephen Stem Chief of Police Date: s- 7-04 JUN 22 R2004 1471 FDLE Byme Fomuia Grant Application Package Florida Department of Law Enforcement Guy M. Tunnel1 Commissioner Office of Criminal Justice Grants Mailing Address: Ofice of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 (850) 410-8700 September 29,2004 The Honorable Eric Jablin Mayor of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens Florida 33410 Dear Mayor Jablin : The State of Florida has received an award in the amount of $850,285 for State Fiscal Year 2004-2005 from the U. S. Department of Justice, Local Law Enforcement Block Grants Program. The Florida Department of Law Enforcement (FDLE), Office of Criminal Justice Grants is the State Administrative Agency for these grant funds which are distributed to units of local government based on locally reported Part I crime statistics. The FDLE has allocated $1 0,000 from this award for use by your agency, in accordance with the provisions of the Omnibus Appropriations Act of 1996 (Public Law 104-1 34.) Recipients of this award are required to provide a ten percent cash match of the total project amount. This award is disbursed initially in one lump sum and contingent upon availability of federal funds. Allocations must be used for one of seven Program Purpose Areas listed in the application. As a condition of receiving this award, the subgrantee must continue to report to the Florida Department of Law Enforcement’s Uniform Crime Report. Recipients must apply on-line using FDLE’s new grant management system, Su bgrant Information Management On-Line (SIMON). In addition to the on-line submission, recipients must print out the completed application and submit two hard copies (with original signatures) to the Office of Criminal Justice Grants (address provided below) no later than November 15,2004. Committed to Service * Integrity Respect Quality September 29,2004 Page 2 SIMON can be accessed at http://simon.fdle.state.fl.us on October 1,2004. The following steps should be taken prior to completion of an application: 1. The Project Director is typically responsible for the administration of the subgrant activities and; therefore, should create a user account for the Chief Official, Chief Financial Officer, as well as themselves for submission of the application. Users will then receive an email containing the username and password. These are computer generated and only the person whose email address appears in the request will receive the username and password. User may now proceed to the next step. 2. Enter the Subgrantee Organization and Implementing Agency (if different from the subgrantee) into SIMON. User will receive an email approving the Organization(s) and may now proceed to the next step. 3. The Project Director should then modify or request permission to fill out an application. Email notification will be sent approving the applicants’ request and granting clearance to proceed with the application itself. Due to the time involved in processing and approving user accounts and organization(s) requests, it is imperative that these steps be taken as soon as possible. Application completion will require an “Announcement Code” which is a security feature allowing access to the application. The Announcement Code is LLEBG0405. Please note that this Code will be activated by the Office of Criminal Justice Grants on October 1,2004. Application completion will not be possible without this Code. To assist you in completing this application a user manual is available on-line. The Project Start and End Dates in the on-line application should reflect the period February 1,2005, through July 31,2005. Upon completion and prior to on-line submission, two hard copies of the application should be printed, signed and mailed (both with original signatures) to: Office of Criminal Justice Grants Florida Department of Law Enforcement 2331 Phillips Road Tallahassee, Florida 32308 Committed to Service - Integrity Respect - Quality September 29,2004 Page 3 The Office of Criminal Justice Grants looks forward to the launching of its new grant management system, SIMON, during this application cycle. Our office is available for any assistance needed Monday through Friday, 8:OO a.m. - 5:OO p.m. EDT. Please contact Heather Gilbreath heatherailbreath@fdle.state.fl.us at (850) 41 0-8700 for SIMON issues, otherwise call Janice Parish, Planning Manager. Sincerely, - Com m u n ity Program Administrator CHW/JP/mb cc: Project Director Commi t t ed to Service * Integrity Respect Quality b Kimley-Fo:n 7 and Ascocia:es, kc Re: I arget Lakc f’ark, l’clirii Beach Garden.; Roadway Inipacr Fee. 03 7 0 3 00 5 3 Kimly, -Horn and Assocmtcs, Inc. undcistands that thc ’ity of Palm I3cach Gardens I< requiring that 100% of thc roxl impact fci. costs based on rhr C’it>‘s Road Impact fee schedule be Icv~cd again51 the projcct. As you know. the Intcnt of impact f’ccs is to ensure that new tlevelopnlc~~~ bcm cl prop-tionatc sharc of t of capital erpendrturcc nwessary to provide int:rastructure and services including but riot limited to thc City of Palm ‘f3e:ich (;artlens roadway frtcihties The opcrativc tcm In that statcnicnt is “yroportionatc rhaie”. ’I‘hat the project I$ partially located within the C‘lty of Palm Beach Galdens and the Town of Lakc Park, 11 IS iniportant that the City only collects thc proportionate share for the road impact fees based an the inipact of that pioject to the City of Palni Reach Ciardcns roadway infrastructurt.. ,.\ccordingly, an e\ alLi,ition was undertakcn to quantify the portion ofprojcct trips assigned to City of Palm Bcach Gardens roxiwaj s to determine thc reqiiired impact fees in conjunction with guidelines stipulated in rhc Palm Beach tiardcns Land Dcvclopmcnt Code for iiidcpendent calc~tlations. Traffic Assignment Evaluation The traflic assignment of projcct trips (dcvclopcd in the traffic impact concurrency analysis, prepared by Kimley-Horn and A4ssociates, Inc. in August 2004 and approved by the Palm I3cach County ’Tmfiic Division and traffic consultants far the City of Palm Beach Gardens and I own of Lake Park) was rcwcwed to dctcnmnc the portion of trips assigncd to (’ity of Palm lkach Gardens roadway facilities within the project’s in~pact zirca.. Thc attschcd r~p~re was taken from the aforementioned approved traffic study As noted on the. figure, the highlighted links stlow the City of I’alni Beach Gardens maintaincd roads and the project assignment on those roads. Thc total prqcct impacts 011 City roads taken as a percentage of total project tnps generated from the slte IS 1 4%. Attachments . i 1 1 I A s ru RCA ELM). 1% S \ m 6% s WATERTOWER 0 RD. cu s m ru PARK AM. VI REUEKR 6% 5% SILVER BEACH RD. 1% !i 0 t 1% 2% 3% . s BLUE HERON EL 2 \ LEGEND PERCENT PROJECT ASSIGNMENT NOT ON CITY OF PALM BEACH GARDENS MAINTAINED ROADS PERCENT PROJECT ASSIGNMENT ON CITY OF PALM BEACH GARDENS MAINTAINED ROADS FIQLIRE 1 IMPACT FEES 35' TARGET AT LAKE PARK ''' - 0-n Kirnley-Horn . PALM BEACH GARDENS MAINTAINED ROAD NOT TO SALE - NON-PALM BEACH GARDENS MAINTAINED ROAD . = andAssociates, Inc 0470300&3 LETTER OF TRANSMITTAL SETS 3 SEACOAST UTILITY AUTHORITY 4200 Hood Road Palm Beach Gardens, FL 33410 (561) 627-2900 FAX: (561) 624-3829 DATE NO. DESCRIPTION Four (4) Proposed paint schemes for Seacoast elevated storage tank TO: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Date: Attention : HAND-DE1 These are ’ transmitted For approval For your use x As requested For your review & comments Other CEMARKS: Ron: As requested by Mayor Jablin, here are four separate paint schemes for the tank; two gradient, two stripes. Please let me know when he has met with Ms. Chaplik. Thanks. cc: Ann Booth, Urban Design Bruce Gregg Wilbert Stewart Signed: we Rim Bishop, e tive Director NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT 357 HIATT DRIVE, PALM BEACH GARDENS, FLORIDA 334 18 56 1-624-7830 FAX 561 -624-7839 Mr. Ron Ferris, City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 October 4,2004 R ECE WED CITY MANAGER’S OFFICE OCT UQ 2004 Re: NPBCID Resolution of Appreciat-m Hurricane Frances Dear Mr. Ferris: Hurricane Frances posed a significant, eminent and dangerous threat to the health, safety and welfare of residents within the boundaries of the Northern Palm Beach County Improvement District and the City of Palm Beach Gardens. During the storm event, the City provided outstanding assistance to Northern and made our response efforts more efficient. On September 22,2004, the Northern Board of Supervisors adopted a Resolution of Appreciation to formally recognize the City’s help during Hurricane Frances. A copy of the Resolution is enclosed. ONB/kj m Enclosure Thank you, Executive Director VISIT OUR WEBSITE AT WWW.NPBCID.ORG @ PRINTED ON RfClCLfD PAPER 12/19/2883 12: la % % NO. 986 3' i I I I j I I I I I I i I I i ! I I I i 1 i I ! i i I i TELEPHONE: (561) 8326900 TELECOPIER: (561) 820-0381 December 19,2003 Heather Graeve, Planning and Zoning City of Palm Beach oardens 1 05 00 North Mjlitary Trail PalmBeachGardens, FL 33410 DearHeather: In anticipation of Monday's pre-application meeting, attached please find a handout we prepred for ow initial meetings with City Staff and the Mayor. I believe the handout explains what we are ttybg to accomplish on the property. We are required to apply for an amendment to the Planned Unit Development because the proposed use is not a permitted use in the underlying zoning district. Please understand, however, that we are not seeking the wholesale introduction of medical l&oratory use for the entire Village Square, Phase II PUD. Rather, we are only seeking approvd for this specific laboratory use, whm patients will never be seen and where the facility will be staffed primarily by persons already employed by the Dermatology practice located on the fist floor. We understand the need to demonstrate that the proposed use will neither increase the number of hips generated by the PUD nor increase the demand for parking. As has been explained numerous hS, the proposed use if far less intense than the permitted use of general office. I look fomd to meeting with City Staff on Monday. Sincerely yours, //I Leonard G. Rubin Q02 LGRlb 12/19/2883 12:18 N0.986 QB3 i INTRODUCTION: Waters Edge Dermatology is seeking City approval for the use of a portion of Building 600 within the Village Square Planned Unit Development to process pathology biopsies for our patients. The pathology center will occupy a portion of the second floor and the first floor wilI house the medical offices. Unlike a traditional laboratory that collects urine or blood samples Born patients, specimens will be delivered to the pathology center only once per day. The persons staf6ng the center will be Waters Edge Dermatology physicians and employees. REASON FOR REQUEST: The p&tted uses for the Village Square PUD do not address the requested use, which is dearly compat&le with existing general and medical office uses. The pathology center cannot be classified as a rn[xlical office in light of the parking and concurrency standards applicable to this use. Howmer, as explained above, the pathology center will require few, if any, parking spots and generate minimal vehicle tips, The impaots of the proposed use are far fess than the approved use of general office. . ISSUES FOR CONSIDERATION: Why is the pathology center necessluy? According to the Americm Cancer Society, melanoma cancer represents 79% of all skin cancer dkclths in the United States lust year, and Florida has the hrghed rate of midartom cancer in the couqlfy. ?he singk most imporhmt fuctor for cancer survzval is early detection and trmtment What am the benefits of this particular pathology center? . .. , ne pienr and piher physicians cam speak, diet?& to ,the pathologisi about, their pccrticular cme. This is cwrt?n@ not available. " .. Oukrlde facilities process.,a huge vohrme of slids (over 200) per &y. Xk large vob impuctsrrccuraLy. ' .. .. . ,I .. .. .. 12/19/2003 12:18 NO. 986 'T. . Billing is more accurute and timely for inwranck cornpies and for the patients. Why must tbe pathology center be located in Building 600? In order for Wuters Edge Dsnnutulogy io perjorm pathology work for the benejr of its patien&, federal and statu law require that the lab jacilities be louted in the me physical building as the medical oflce. What how will the pathology center operate? e The facility will operate porn 5:OO AM until 9:OO AM, thereby minimizing any impacl to the remain& of the PUD. Who will stfithe center? The center will be stged by'a de~~o~QgisitpLlth;rogist, a laborato?y operalh.s manager (iechnical stafJ)md a part-time courier. '. What iastrumionts and chemicals & utilized at the center? .. VIP hcewr~this~i?p@ment~x~s the cells in formah, removes all the waterJiom the time, through a sertes of alcohols and ultimately inflltrata .the tisue with melied wm.' This equipment is equipped with a contained charcoal jiZterfors@&. , ' I e Wafer &ats is for rime section placement and stretching of the tissue to disperse apry Emberlding Cenw- is used for embedding and orientating the Wsme to @e the COPT^ Miiii&me-is wed furcutting tk,tissue block into short ribbons of &porting wm and propctive when bbck is cut. . tiwe. wrinkles hat might hinder microscopic exqminutiob- - - is she machine' that &tomatically staim the nuclei and cytupbn of the celk far microscopic diagnosis. I%re we stains, alcohol and xylene in this process. This iminunenr has a selfcnmineedfrrmr! hood and chGwcdj3ier. - Coverslipper- this automated ep4ipent adheres (I thin film 9f protection to the tissue ' sli& to enuble permanent storage. This instrument is equ@ped with a self .i containedjume filter. What is tbe procedure far examining biopsies? Tkeproceihre cwr rangeporn 4 htnm lo 8 hok &pending on the &sue specimen 1. Specimens are collected in individual offices 2. Go& goes to each locaiion and picks up specimens and returns to lab 3. Speckens. are logged in and given a number for identification. 4. Spe~imens are then individually examined and dissected according to guidelines I. Q04 ~~ NO. 986 5. Dissected specimens are then placed in theVIP processor for o period of 4-8 hours of processing. During this process the water is removed fio the tissue and it is &iltrated with melted paraffin. 6. Specimens are then orientated and blocked in to molds that soli&@ and harden to create a solid block of para€€in with properly orientated tissue. 7. Blocks are placed in numerical order to ensure accuracy and cut on a microtome at 4 mimom, the ribbon of par& and tissue is then floated on a heated wateTbath and a section is selected and placed on a lass slide 8. AJ1 slides we heated to melt away the excess paraffin and prepare the slides for staining. 9. The slide is then placed on an automatic stainer and stained with several dyes that stain the nucleus and cytoplasm of the cells forth pathologisr to diagnosis. 10. After staining, which takes only twenty minutes the slide has a protective coating (Coverslip) placed on them to protect the tissue and. are labeled with correct number and patient name. I1 Slides are matched to paperwork with patient information and ~linical history and given to the pathologist (Dr. SchiBE) for diagnosis and reporting 12. Pathologist (Dr. Schiff) reads the slide and reports hislher findings; it is at this point that merit can begin. How large will the pathplogy center be? ' , me center will consist of two o@ce and storage space of 933 spare feel and work mea space of 1100 spare feet in accarchm with.1he atfachedjloorplm. .. Will the pathology center increase the number of trips or require additional parking? 0 W ha No. ?Re qaee is cl(rrmt!i approved for general office and meets rhe concunemy and requirumehs for this urn. As set forth above, ihe number ofpersons utilizing the pathology center will be far less than the number generally :rrccupying an ofice. will happen if the pathology center no longer occupies the space? '. . The pee will revert back to general 09ce cmd will not be utilized for medical opce of eqnmion of the &g pr&tice. Waters &dp ,Dennutology will agree io a conditidn pohWng the eqmnmon of the mdcgi ogee .. use into this qace. . D0S I 7- --, 12/19/2883 12:18 . ,-.- . 'z . ;. r* I I I I I' ' I I I 1 < ! I '1 i N0.986 086 LAW OFFICES BOOSE CASEY ClKLlN LUBrrZ MARTENS MCBANE & O’CONNELL A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS NORTHBRIDGE TOWER I - lgT* FLOOR 515 NORTH FLAGLER DRIVE WEST PALM BEACH, FLORIDA 33401 MAILING ADDRESS P.O. BOX 4626 WEST PALM BEACH, FLORIDA 33402-4626 TELEPHONE: (561) 832-5900 LEONARD G. RUBIN* *BOAR0 CERnFlED CllY, COUNIY AND LOCAL GOVERNMENT LAWYER TELEPHONE: (561) 832-5900 TELECOPIER: (561) 820-0381 February 26,2004 Via Hand Deliverv Talal Benothman, Principal Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Village Square Phase II Planned Unit Development Amendment to PUD Dear Talal: Enclosed please find the following documents and materials relating to the above referenced matter: 1. 2. 3. 4. 5. 6. 7. Development Application to amend Village Square Phase II PUD, filed by Koloa Partners, Limited, owners of 600 Village Square Crossing, including exhibits (original and 9 copies). Application Fee in the amount of $1,750.00; Engineering Escrow in the amount of $1,000.00. Surrounding Property Owners Affidavit and Owner List. Consent letters from property owners within the PUD (we are still awaiting a consent letter from the owner of 600 Village Crossing, which should be forth coming ). Extra sealed copies of the traffic equivalency lette to the application) Two sealed surveys of the property. xhibit * Tala1 Benothman, Principal Plan) ler February 26,2004 Page 2 As we have discussed, the application relates solely to a proposed amendment to the permitted uses within the PUD, namely, the establishment of a pathology center. The applicant is not proposing an amendment to the site plan or any other aspect of the approved PUD. As such, all of the elevations, diagrams and photographs can be found in the City’s files. However, should you need any additional information or documentation, please do not hesitate to contact me and I will gladly provide same. I am looking forward to working with you. Sincerely yours, a& Leonard G. Rubin LGR:Icw cc: Client CITY PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Growth Management Department CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4243 Fax (561) 799-4281 Request: - Planned Community Development (PCD) - Planned Unit Development (PUD) LAmendment to PCD, PUD or Site Plan - Conditional Use - Amendment to the Comprehensive Plan - Administrative Approval - Miscellaneous - Other (Explain) Date Submitted: Project Name: - Annexation - Rezoning - Site Plan Review - Concurrency Certificate - Time Extension Village Square Professional Park Phase I1 PUD Owner: Koloa Partners, Limited Address:3385 Burns Road, Suite 101 Applicant (if not Owner): Palm Beach Gardens, FL 33410 Applicant’s Address: Telephone No. Agent: Boose Casey Ciklin et al. Contact Person: Leonard G. Rubin, Esq. &Mail: lrubin@boosecasey . corn Agent’s Mailing Address: 515 N. Flagler Drive, West Palm Beach, FL 33401 Agent’s Telephone Number: 832-5900 Phone Number: Fax: 820-0381 FOR OFFICE USE ONLY Petition Number: Date & Time Received: 1 Justification 1. Nature of Request: The Applicant is seeking to amend the permitted uses for the Village Square Professional Park Phase I1 Planned Unit Development to include a pathology laboratory. The pathology laboratory would be located on the second floor of Building 600 of the PUD and would be utilized to process pathology biopsies for patients of Waters Edge Dermatology (“Waters Edge”). Waters Edge will occupy the first floor of Building 600. A copy of the site plan approval for Building 600 is attached hereto as Exhibit “A.” The uses within the PUD are currently governed by the uses permitted in the underlying zoning district of Professional Office (“PO’). The PO zoning designation provides for both general and medical office use. Building 600 is limited to a maximum of 5,200 square feet of medical office use (which is being utilized by Waters Edge). The remaining square footage is approved as general office. Laboratories are not a permitted use within the PO zoning district; however, the Applicant does not seek to introduce the medical/dental laboratory use to the PUD, as the City Code defines that term. The Code defines a medical/dental laboratory as “an establishment to perform medical tests, or for the construction or repair of prosthetic devices, provided such testing or work is performed exclusively at the written order of a licensed physician or dentist.” The Applicant will utilize the proposed pathology laboratory for the sole purpose of processing biopsies and preparing slides for examination by a pathologist. The facility will operate only in the morning hours and will be staffed by a dermatologist/pathologist, a laboratory operations manager, and a part-time courier. No patients will be seen at the facility at any time. The pathology laboratory will consist of office and storage space of approximately 930 square feet and a work area space of 880 square feet. A copy of the proposed floor plan is attached hereto as Exhibit “B.” As more fully discussed below, the laboratory will not increase the number of trips or require additional parking spots. In fact, the number of persons utilizing the pathology center will be far less than the number of persons generally occupying general office space. The dermatologist/pathologist will already be on-site as a member of the Waters Edge staff and the courier will make deliveries only one time per day. The pathology laboratory is a medical necessity. Melanoma cancer represented 79% of cancer in the country. This particular pathology center will significantly increase the turn around time for diagnosis and reporting based on skin biopsies and will be staffed by an expert in dermatology, not a general pathologist. As such, it will provide a medical benefit to the City and the surrounding community. Furthermore, in order for Waters Edge to perform pathology work for the benefit of its patients, federal and state law require that the laboratory facilities be located in the same physical building as the medical office. all skin cancer deaths in the United States in 2002 and Florida has the highest rate of melanoma ?-. 3A During pre-application meetings, City Staff expressed two primary concerns. First, Staff was concerned that the approval of the pathology laboratory will lead to an increase of medical office space on site. As part of the approval process, the Applicant will expressly agree to a condition prohibiting expansion of the medical office space. Therefore, if the pathology center ever relocates, the space will revert back to general office use. Second, Staff was concerned about introducing a “prohibited” use into the PUD. Under the City Code, any use not specifically permitted is deemed prohibited. As discussed above, however, the particular use sought here does not fall within the definition of any use currently contemplated by the City’s Land Development Regulations. The express purpose of a PUD is to allow flexibility in the planning process and provide for unique projects and uses. This particular use is fully compatible with the existing uses and will place far less demand on parking and traffic than the use already approved. The fact that it does not fall within an existing “compartment” is not the basis for denial of a PUD Amendment. 2. Lmpact of Proposed Change on Surrounding Area: The proposed use will have no impact on the surrounding area. In fact, as described above, the proposed use will have less of an impact on the PUD than the approved use of general office. As evidenced by the traffic equivalency letter attached hereto as Exhibit “C,” the proposed pathology laboratory will not increase the amount of trips generated (and likely decrease the actual number of trips). Additionally, the proposed use will actually decrease the demand for on-site parking. According to section 78-345 (Table 33) of the City’s Land Development Regulations, the parking requirement for the approved general office use is one space per 300 square feet. As such, there are six designated parking spaces within the Village Square Phase I1 PUD for the 1810 square feet that will be occupied by the pathology laboratory. As explained above, however, the proposed use will require, at a maximum, two parking spaces - one for the laboratory operations manager and one for the part-time courier. As such, there will be four additional spaces existing within the PUD for use by persons occupying or visiting the approved general and medical office uses existing within the PUD. 3. Compliance with Vision Plan and Comprehensive Plan: The City Council has previously determined that the Village Square Professional Park Phase I1 PUD meets all applicable City requirements. The only issue for consideration is whether the list of permitted uses should be expanded to allow the proposed pathology laboratory, subject to conditions. The City’s approval of the proposed use would have absolutely no adverse impacts on the remainder of the PUD or on the surrounding properties. Additionally, the pathology center is fully compatible with the approved office uses currently operating within the PUD. 3B CITY OF PALM BEACH GARDENS CITY ATTORNEY’S OF FlCE / DATE: October 5,2004 TO: City Council m FROM: Christine P. Tatum, City Attorney RE: County An nexa t i on Refere n d u m Attached are draft pleadings received from the Village of Wellington relating to the litigation the Village intends to file in Circuit Court challenging the County’s proposed annexation referendum on the November 2, 2004, ballot. As you will recall, the Council adopted Resolution 138,2004 on June 17,2004, a copy of which is attached, opposing the Annexation Referendum. Also attached is a resolution from the Village of Wellington seeking support from other municipalities in this litigation. If the City of Palm Beach Gardens wishes to take an active role in this litigation, it would be appropriate to discuss this at the October 7, 2004, Council Meeting. Please feel free to contact me should you have any questions or concerns. Attachment c: Ron Ferris, City Manager \\Pbgsfile\Attorney\attorney-share\MEMOS\council- annexation referendum.doc c lU/U1/2004 18:22 FAX 954 522 9123 BRINKLEY McNERNEY IN THE CIRCUTK' COURT OF THE FIFTEENTH JUDICXAL, CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA THE VILLAGE OP WELLINGTON, a Florida municipality, Plaintiffs, vs . PALM BEACH COUNTY, Florida a political subdivision, Defendant. CASE NO.: MOTION FOR TEMPOIRARY INJUNCTION AM, REOUEST FOR EXPEDITED HEARING Plaintiff, THE VILLAGE OF WELLINGTON, files this Motion for Temporary Injunction and shows this Court as follows: 1. In ths Motion, Plaintiff requests that the Court enter a temporary injunction to prevent submission to the electors of Palm Beach County of an unconstitutional proposal for a charter amendment. 2. The proposed charter amendment is unconstitutional because it is inconsistent with superior law, as follows: (a) the praposed charter amendment violates the requirements of Section 171. .044 Florida Statutes; @) the proposed chatter amendment violates the single-subject requirement for amendments to the Palm Beach County Charter; and (3) the pxoposed clmter language is unconstitutional because it fails to advise the voters ofthe chief purpose of the proposed amendment. 3. The statement of facts set forth in the Mmorandum ofhw below, the Affidavit of [or Verified CompIabt], and the Exhibits attached to the [verified] Complaint demonstrate that Plaintiffs meet the standard for, and are entitled to, a temporary injunction. 4. The proposed charter amendment is inconsistent with superior law, requiring an immediate injunction preventing this ballot measure from going to the electors of Palm Beach COUl-lty. 5. Plaintiff"wil1 suffer irreparable injury for which any available remedy at law would be inadequate" because the adoption of the unconstitutional charter amendment would (a) prejudice Plaintiffs rights to determine the constitutionality ofthe charter amendment in a neutral forum, free of preconceived notions as to political desirability of the charter amendment; @) confuse the electors of Palm Beach Counw and (c) require hundreds of thousands of voters of Palm Beach County to expend the effort to vote on a measure that is facially unconstitutional. The injury thus caused could not be remedied with payment of money to every voter of Palm Beach County who made the effort to vote on this unconstitutional charter amendment. The damage to the credibility of the eIectora1 process could not be repaired by compelling the County to take any specific action after the fact. heparable injury is further demonstrated in the [Verified] Complaint filed in this cause, which is incorporated herein by reference. 6. Second, there is a substantial likelihood that Plaintiff will succeed on the merits of this action because Defendant has acted in flagrant violation of the express requirements of Sections 171.044 and 101.161 FIa Sbt. and of Article VI, Section 6.3 of Palm Beach County's Charter (Home Rule Charter Amendments). Further violations arc alleged in the Complaint filed together with this Motion. 2 7. The balance of the equities favors Plaintiff, given that delaying &is ballot meme would not came any prejudice to Refendant’s ability to place this measure on a subsequent ballot if it should prevail. Plainti.ff, in contrast, would have to fundamentally alter their legal procedures for voluntary macation if the ballot measure prevails, even if it is later struck as unconstitutional. Preserving the status quo pending the adjudication of this issue of great public importance requires that the charter amendment proposal, is removed fiom the ballot of November 2,2004. 8. Public policy concerns require the issuance of an injunction to avoid voter confusion and unnecessary expenditures of public funds for a vote on an unconstitutional ballot question. 9. Plaintiffs request an expedited hearing of this matter since the injunctive relief requested would be meaningless if issued in the noma1 course of legal proceedings. The Court should give emergency consideration to this Motion because regular consideration would effectively deny Plaintiflh their rights and cause irreparable harm. MEMORANDUM OF LAW A. Statement of Relevant Facts. Plaintiffs are a municipal corporations (municipalities) incorporated in the State of Florida and located in Palm Beach County, Florida. Defendant County is a political subdivision of the State of Florida. Article WI, Section 2 of the Florida Constitution provides that “Municipalities shall have governmental, corporate and proprietaty powers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law.” Additionally, Article Wr, Section 2 provides that municipalities shall have the power to annex unincorporated territory as provided by 3 general or special law. Chapter 171, Florida Statutes, provides the methods for municipalities to annex territory into their jurisdiction, including the process for standard annexation and tbe process for voluntary annexation. Subsection 171,044 Florida Statutes stabs: The method of [voluntary] 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. On August 17,2004, the Palm Beach County Commission approved Ordinance 2004 021 (the “Ballot Ordinance”), which requires that the following question shall be placed on the ballot for November 2,2004 by the Supervisor of Elections: Shall the Palm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the couTlty commission, and which includes unincorponted rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electon residing within the boundaries of that neighborhood? Yes NO See Exhibit “A” to Complaint, at page . The ballot ordinance itself acknowledges that Sec. 171.044(4), Florida Statutes provides authoity for a charter county to provide for an exclusive method for voluntary municipal annexation in its charter (see WHEREAS clause in ballot ordinance, emphasis added). Section 1.1. of the proposed amended charter would state, however, that the County Commission would be delegated the “power to establish by ordinance the exclusive method for voluntary municipal annexation, to the extent authorized by law, including the dcsipation of an unincorporated protection area and designation ofunincorporatedrural neighborhoods.” At section 1.3., the proposed amended charter would provide as follows: 4 Nothing in this Charter shall prevent a municipality hm annexing an unincorporated area into its municipal boundaries, except that all voluntary amexations shall be in accordance with the exclusive method for voluntary municipal annexation established by ordinance of the Board of County Commissioners, including the designation of an unincorporated protwtion area and desiguation of unincorporated mal neighborhoods. Voluntary annexation in an unincorporated protection area requires approval by an affirmative vote of at least five [of the seven] members of the board of county commissioners. Voluntary annexation in an unincorporated ml neighborhood requires approval by an affirmative vote of at least five members of the board of county commissioners and a majority of the registered electors residing within the boundaries of the unincorporated rural neighborhood voting on the question. The proposed charter amendment would thus purport to give the power to the County Commission to create by ordinance, as amended from he to time, the exclusive method of voluntary amendment. The proposed charter amendment further purports to authorize the County Commission to establish "unincorporated protection areas" and areas eligible to become "unincorporated rural neighborhood$." Voluntary annexation in any area so designated by the County Commission at any time would require a supermajority of votes of the county Commission, and, in the case of unincorporated rural neighborhoods, additionally an affirmative vote of 50% or greater of all electors residing in the mal neighborhood. The proposed charter amendment appears to authorize the County Commission to impose additional requirements for voluntary annexation at any time in the hture by ordinance. Further, the proposed charter amendment is not rnandatow with respect to the County Commission, letting the County Commission decide whether or not to provide by ordinance for an exclusive method of voluntary annexation in Palm Beach County, For all oth~unincorporated areas, not in the unincorporated protection areas or the unincorporated rural areas, the amended charter would not even pqork to provide any method for voluntary annexation. Article VI, Section 6.3 ofthe Charter (Home Rule Charter Amendments), provides that "each 5 amendment to this Home Rule Charter shall be limited to a single and independent subject.” Section 101.161(3) ofthaFlorida Statutmpmvidcs,inrelevantpart, ~t~esubstanceofsucham~ndmentor other public measure shall be printed in clear and unambiguous language on the ballot, A true and correct copy of the ballot ordinance, setting forth the wording of the proposed charter amendment, is attached hereto and speaks for itself. ARGUMENT A. An hiunction Against Plache the ProDosed Charter Amendment Should be Issued Because the Charter Amentment is Unconstitutional. Injunctive relief striking a proposed charter amendment from a ballot is proper where the proposed charter amendment is unconstitutional in its entirety. Dade Countvv. Dade County League of Municiualities. 104 S0.2d 512, 515516 (Fla. 1958); see also Adarss Y. Gunteq 238 So.2d 824 (Fla. 1970); hval County v. Jennhns, 164 So. 356 (Fla. 1935). There is a long line ofprecedent fm striking invalid baltot questions. Dulaney v. City of Miami Beach, 96 Sodd 550,5S 1 (Fla, 3d DCA 1959, City of Miami Beach v. Smith, 251 So.2d 290,292 (Fla. 3d DCA 1971), cert denied, 257 S02d 561 (Fla. 1971). An election should not be held if the ordinance proposed is invalid on its face. Wilson v. Dade County, 369 So.2d 1002 (Fla. 3d DCA 1979). As is more fully set forth below, the proposed charter amendment is Unconstitutional, on its face and in its entiIety, and the Court should issue an injunction directing the supervisor of elections not to place the proposed charter amendment on the November 2,2004 ballot. Whether a proposed county charter provision is unconstitutional entails a two-prong test. Violation of either or both prongs renders a charter provision unconstitutional. &g Hillsborough County v. Florida Restaurant Association. Inc., 603 So.2d 587 (Fla. Zd DCA 1992). The first prong asks whether the charter provision’s subject matter has been preempted by the constitution or general 6 * 10/01/2004 18:22 FAX 954 522 9123 BRINKLEY McNERNEY @I007 law. &, at 603 S0.2d 588-589. If the subject matter has not been preempted, the second prong is applied to determine whether the proposed county charter provision is inconsistent with superior law. -8 Id. at 603 So.2d 591. In the instant case, the proposed charter mendmmt prim~ly fails the second prong. It violates the mandates of superior law. 1. The proposed charter amendment plainly violates the mandates of Chapter 171 of the Florida Violation of Chapter 171..044. ha. Stat. Statutes. Chapter 171, Florida Statutes, provides two section setting forth methods for municipalities to amex territory into their jurisdiction. . Both processes for annexation are voluntary in nature. The standard process set forth in Section 171.0413, Florida Statutes, is initiated by the passage of an ordinance by the governing body of the municipality which is subject to the affirmative vote of the registered voters in the area to be annexed or if there are no voters in the area the consent of the owners of the majority of the acreage and majority of parcels, in order to effectuate the ordinance. Section 171.044, Florida Statutes, sets forth aprocedure for property owner(s) to petition the municipality to be annexed into the municipality when one hundred percent (100%) of the owners of the property(ies) consent to the petition after which the municipality can pass an ordinance annex ing the property(ies). While Section 171.044, FIorida Statutes, is captioned “Voluntary Annexation” there is no statutory definition for “voluntary annexation” and there is no process under general law wherein an annexation to a municipality can We place without the mutual consent of the governing body of the rnutlicipality and at least the majority of voters voting in referendum or the majority of property owners consenting to the annexation. Section 17 1 .OM Florida Statutes states; (4) The method of 1 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 7 ~ ~~ 1 10/01/2004 18:23 FAX 954 522 9123 BRINKLEY McNERNEY MOO8 10/01/2004 18:23 FAX 064 522 0123 BRINKLEY McNERNEY B 000 counties With chlrrters which provide for an exclusive method of municipal annexation. Acmdingly, unless a charter county has a charter which provides for the exclusive method of municipal annexation, the procedures of Section 171.044, Fla. Stat. i.allow for a streamlined annexation procedures when 100% of the property owneqs) petition to have their contiguous compact propehes annexed into an adjacent municipality. Stated in the affirmative, if a charter county wishes to have a charter which provides for an exclusive method of municipal annexation, its voters may elect to have such a charta, which would render the method provided by Section 171,044, Fla. Stat. inapplicable. The proposed charter amendment in the instant case does not, by its own terms, create a “charter which provides for an exclusive method of annexation.” Instead, it creates a charter that delegates the power to create such an exclusive method of “volmtary annexation” to the county commission. Nowhere in the charter amendment is ‘’volunby annexation” defined or distinguished. A charter provision providing for the exclusive method of annexation differs from most other charter provisions in that DL Florida Statute expresslyrequires that the charter itself must provide the exclusive method of annexation. It is thus not sufficient to simply set forth certain parameters the County Commission must follow when passing its ordinance creating the exclusive method. It is not adequate for the charter to “authorize” the county commission to enact an exclusive method by ordinance. It is not acceptable for the charter, as it is in most other contexts, to provide the general hework, to be fleshed with methods and procedures by ordinance. The statute is perfectly clear in requiring that the charter itself must provide the exclusive method. Thus the proposed charter amendment in this case fails. The proposed charter amendment plainly delegates to the county commissim the authority, 8 though not the necessity, to come up with a concrete “exclusive method for voluntary annexation:” Shall the PaIm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the ami outside the urban service area as unincorporated protection area whw voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes No Section 1,l. of the proposed amended charter would state that the County has the ‘power to establish by ordinance the exclusivemethod for voluntary municipal annexation. . .”At section 1.3., proposed amended charter provides that all voluntary annexations &all be in accordance with the exclusive method for voluntary municipal annexation established by ordinance of the Board of County Commissioners. Given that only “charters which provide for the exclusive method of municipal annexation” can trump the general statutory provisions of Section 171,044, Florida Statutes, concerning voluntq annexation, it is readdyapparent that the proposed charter amendment fafalls short. Rather than setting forth, in the charkr, what the exclusive method for voluntary annexation will be in Palm Beach County, the proposed charter amendment would authorize the County Commission to create by ordinance, as amended &om time to time, the exclusive method of voluntary amendment. The distinction is very significant. The statute requires that charter counties state their exclusive methods in their charter, thus requiring a county-wide affirmative vote of the electors for subsequent amendments. Where the law provides for citizen control over land control, such citizen control is to be enforced. Florida Land Co. v, Ciw of Winter Springs, 427 So.2d 170, 173 (Fla. 1983). The proposed charter amendment would remove this power to create and amend the exclusive method fiom the people and delegate it to the county commission, which is 9 impermissible given the clear statutory language. See also Holzendorf v. Bell, 606 S0.2d 645,648 (Fla. la DCA 1992) (charter amendment usurping legislatare’s authority to allocate referendum powers is defective and must not be placed on ballot). The proposed charter amendment would also authorize the County Commission to establish (and later amend) ”unincorporated protection areas” and ‘’unincorporated rural neighborhoods,” where voluntary annexation requires a 5-2 affirmative county commission vote.‘ While the proposed charter amendment would make certain, as not yet defined areas, eligibk to become unincorporated ml neighborhoods, additional ordinances would be required in each case to designate such areas. Such designations, meeting the exclusive method for voluntary annexations, all would be outside the charter framework and not be reflected in the chart&. Again, Section 171.044 requires the exclusive method of municipal annexation for any given area to be stated in the chader itself, and not to be delegated to the County’ Commission’s absolute discretion. This delegation is particularly inappropriate in the instant case, where it comes without adequate standards for its exercise. Seb Cross Kw Watmwavs v. Askew, 351 So.2d 1062 @la. 1’‘ DCA 1977), ad. 372 So.2d 9 13 @a. 1979) (delegation of legislative power over land regulation is defwtive without adequate standards for its exercise). With the proposed charter amendment in this case, the County Commission would be iiee to enact, not to enact, or to later amend an ordinance with the exclusive method, and would thereafter be fiee to manipulate tbe “unincorporated protection ‘ 10/01/2004 18:23 FAX 954 522 0123 BRINKLEY McNERNEY a011 I That provision would give three county commissioners an absolute veto power over voluntary annexation. Voluntary annexation in ‘bincorporated rural neighborhoods” wouId additionallyrequire approval by “a majority of the registered electors residing within the boundaries of the unincorporated neighborhood voting on the question.” Because it is unclear whether “voting on the question” refers to “neighborhood” or to electors, it may well be that an absolute majority of the registered voters in a given rural neighborhood is required. Given that it is exceedingly rare that a majority of the electors even tums out to vote (only three times, and them only barely, since 1998), voluntary annexation in those areas would become 10 areas” and “unincorporated rural neighborhoods” to suit ita purposes. Lfthe County Commission were to enact such an ordinancc, and if it were to reach a consensus on unincorporated protection areas and rural neighborhoods, the County Commission would be free to accept or reject any applications for voluntary annexations in thts area without having to explain its vote in anyway. The proposed charter amendment contains virtually no standards for the exercise of this delegated right. An unsuccessful applicant for voluntary annexation under the proposed charter amendment would have absolutely no recourse or avenue of review, no matter how egregious or discriminatory the County Commission’s reasons might be. Without specific standards accompanying the delegation of this rulemaking power to the county commission, the process would quickly become the domain of lobbyists and the politically powerful. The law simply does not permit such delegation. Had the drafters of chapter 17 1.044 wanted to give this power to elected officials, they could have done so in the statute. They could have spoken of “counties with ordinances which provide for the exclusive method of annexation,” or of “counties that wish to delegate the authority to pass an ordinance with the exclusive method of annexation to their comty commission.” This they did not do. Thcy made it abundantly clear that the provisions of Chapter 171 could be displaced only by “charters which provide for the exclusive method.” As the Fourth District stated when considering a charter amendment in Shulmeister v. Larkins, 856 So.2d 1149, 1151 (Fla. 4* DCA 2003), “[tlhe language in Section 22 [of the charter] is plain and obvious. Therefore, we are precluded from construing it in a way which would extend, modify, or limit its express terms or its reasonable and obvious implications.” Donato v. Am. Tel. & Tel. Co., 767 So.2d 1146, I, 150 (Fla. 2000).” If the Iegislators had intended to include county commission ordinances as a valid mcthod to trump Section 171.044, they could have done so by clear language. ‘ 10/01/2004 18:23 FAX 954 522 8123 BRINKLEY McNERNEY B 012 ~~ practically imps sib1 e. A good example of how such a charter amendment could be properly accomplished is the Orange County Voluntary Annexation Provision. Copy of Section 505 -- Voluntary annexation - is attached as Exhibit “€3” . This charter provision does exactly what the proposed Palm Beach County chartes amendment fads to do: a. It sets forth, in the charter, what the exclusive method for voluntary annexation will be. It does not provide for authority to the county commission to subsequently create the exclusive method by ordinance; b. It then creates, by subsequent charter amendments, three separate preservation districts. The preservation districts are. precisely defined, by boundary maps clearly referenced, and are in each case voted on by county-wide referendum; c. Voluntary annexation in the protection district must be approved by a simple majority of the county cobssion, and by a majority of the registered electors residing in the preservation district and actually voting on the issue. d. The board ofmunty commissioners is then given authority to adopt “regulations and procedures to implement this method of voluntary annexation.” e. The charter provision, as accepted by Orange County voters in 1992, concerned only one single subject, the creation of a method of volunta~y annexation for preservation district specifically designated in the charter. Designation of special areas happened later in separate charter amendments. The Orange County charter provision demonstrates that it is feasible to follow the dictates of Section 17 1 .OM, and to set forth the exclusive method in the charter. While the Orange County charter may have its own weaknesses, it does appear to try to follow the directives of the Florida - @lo13 * 10/01/2004 18:23 FAX 954 522 9123 BRINKLEY McNERNEY 12 Statute. The Palm Beach County charter amendment does not. 2. Violation of the Single Subject Requirement in the Palm Beach County Charter. Another superior law violated by the proposed ballot language is Palm Beach County's am charter. At Article VI, Section 6.3 of Palm Beach County's Charter (Home Rule Charter Amendments), the Charter states that "[elach mendment to this Borne Rule Charter shall be limited to a single and independent subject." The ballot ordinance places the following question on the ballot: Shall the Palm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for volunkuy annexations, including notice requirements and designation of the area outside the urban service area as Unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes No An analysis of the proposed charter amendment, as set forth in the ballot ordinance, demonstrates that the proposed charter amendment concerns at least three separate subjects, has numerous purposes, and purports to enumerate several classifications of land areas that would be disparately affiected by the proposed charter amendment. The amendment thus violates Article VI, Section 6.3.of the Palm Beach County Charter. Among the disparate questions and land classifications made in the proposed amendment are the following: a. Shall the County charter be amended to authorize the county commission to pass an ordinance providing for the exclusive method of voluntary annexation? b. Shall the County charter be amended to authorize the County Commission to pass m orbance designating an unincorporated protection area where voluntary annexations would 13 later have to be approved by a rupermajoity vote of the Board of County Commissioners? I c. Shall the County chbrbe amended to authorize the County Commission to pass an ordinance establishing areas eligib Ik to become unincorporated rural neighborhoods, where I voluntary annexations would later have to be approved by a super-majority of the Board of County Commissioners and additionally by a majarity vote of the electors residing in the neighborhood so designated by the Commission. I i Single-subject provisions in charte r, are strictly construed. Shulmeister v. Larkins, 856 S0.2d 1 149 @la. 4’ DCA 2003) (Pompano Beach City Charter including single-subject requirement for ordinances and resolutions, only). There can be no doubt that the Palm Beach County Charter contains a single-subject requirement for charter amendments. The sole issue is, therefore, whether I ! the proposed charter amendment coatains bore than one subject. The seminal Florida case on this sul$ecf is Fine v. Firestone, 448 So.2d 984 (Fla. 1984). The purpose of the single-subject rule, it was explained, is to avoid voters having to accept part of a proposal which they oppose in order to obtain a change which they support. Id. The crucial question is whether a given proposal bas a “logical and natural oneness of purpose.” See Fine v. Firmtone, at 448 So.2d 984,988 (1984). Perhaps the most instructive case for purposes ofthe instant controvesy is In Re: Advisor/ Chinion to the Attorney General -Restricts Laws Related to Discrimination, 632 i S0.2d 1018 @la. 1994), where the Florida i Supreme Court agreed that it had to consider whether I I there is a “oneness in purpose” in the proposed amendment. Id. at 1020. The Florida Supreme Court emphasized that “enfolding disparate subjects with the cloak of a broad generality does nor I satisfy the shgle0-subject requirement.”IcJ!; see also Evans v. Firestone, 457 So.2d 1351,1353 (na. 1984). Thus, while a “single purpose” can be found for every ballot proposal from sufficient intellectual distance, the law requkes scfutipy up close. Wirh every word in the proposal considered, 14 I * 10/01/2004 18:24 FAX 954 522 9123 BRINKLEY McNERNEY I the proposal must include no more than on? single dominant plan. &g In Re Advisory minion of th~ Attorney Oenml, 592 SoZd ZZS, 227 la. 1991). 1 In Fine, sums the FIorida Supreme Court disapproved a proposed amendment that characterized the provisions as affecting de single subject of revenues because it actually affected the government's ability to tax, gove+ment user-fee operations, and fimding of capital improvements through revenue bonds. In the case of In Re: Advisow Opinion to the Attornev I I General - Restricts Laws Related to Dis i^ ination, 632 S0.2d 1018 (.la. 1994), a proposed amendment was struck as violative of the S' gle-subject rule because the subject of the amendment - discrimination - was an expansive generality that encompassed both civil rights and the power of all state and local governmental bodies. u. at 1020. The amendment was struck from the ballot because it encroached on municipal homp rule powers and rulemaking authority of executive T i I agencies and the judiciary. Similarly, the phposed charter amendment in the instant case gives the County commission the power to designate, a5 it pleases, three separate areas (a) unincorporated protection areas, (b) unincorporatedwban n 1 ighborhoods, and (c) the remaining arms of Palm Beach County), and to provide disparate methods of voluntary annexation for each such area The proposed I charter amendment encroaches on municiph home rule powers in that it essentially prevents cities like Wellington fiom performing essential unicipal functions (determination of its borders) to a large extent. It also severely curtails private property rights, given that a property owner in an unincorporated area contiguous to a municipality would no longer have an independent right to i. I decide whether or not to be annexed by tha It municipality. The pW'p06e of the proposed charter amendment, on its face, is to give authority to the County commission to create and presumably amend an ordinance. However, Palm Beach County 15 ’ 10/01/2004 18:24 FAX 954 522 9123 BRINKLEY McNERNEY @lo17 Commissioner Massilotti announced the purpose of the charter amendment to be as follows during the County Commission Meeting on August 17,2004: Let’s kin& cut to the chase, folk, this was put together to protect the Acreage and Loxahatchee because of Wellington’s attempt to annex GKK mines, and give it 2,400 building units, and then, local newspapers reporting that they really weren’t gonna do that. . . . So this is not about let’s protect our rights and get rid [unintelligible] places. This is about a couple of cities trying to gobble up 130,000 acres and change the zoning on behalf of a couple of large landowners, and create problems for this board to deal with, and their elected officials to complain that the county commissioners aren’t building roads and schools fast enough, and aren’t supporting the park system. Well, it is really hard to build roads and schooIs and parks and the other responsibilities fiom the school board and the counties’ perspective, when in fact re-zoning is ming rampant in areas, and areas that were zoned two homes an acre turn into fourteen homes an acre or multi-family. It’s v~y difficult for this board to keep up with the needs of the county residents for fire rescue when in fact folks are annexing in and rezoning large chunks of property, without phase-in, without proper notification. Transcript of Commission Meeting of August 17,2004, at pp. Commission Chairwoman Karen Marcus saw a somewhat different purpose for the charter amendment. We started to doing it because of what happened with, as commissioner Massilotti described, the Wellington area, We saw a threat to our rural communities, Loxahatchee. Transcript of Commission Meeting of August 17,2004, at pp Commissioner Koons stated, on his County Web Site, that the purpose of the proposed referendum is to provide . . . a method of voluntary annexation for western residential areas. If approved, unincorporated communities such as Loxahatchee and The Acreage would be designated as “rural neighborhoods” and could not be annexed by a municipality without residents’ approval and ht of at least five County Commissioners (super majority). It provides an additional level of protection for areas that may not want to become part of a city. Meanwhile, County Attorney Bob Banks conceded tht the charter amendment would authorize the County Commission to impose procedural requirements for voluntary annexations in the in the urban service area (Le. the rest of the county outside the “unincorporated protection arm’’ and “unincorporated rural neighborhoods”). See transcript of Commission Meeting of August 17, at PP. - It is patently obvious, that the proposed charter amendment does not have a “single purpose” as required by law. A plain reading of the charter amendment language suggests that the purpose is to give the county commission authority to enact ordinances, covering the entire County, designating annexation methods, to designate unincorporated protection areas, and to designate as of yet unknown areas to be eligible to become “unincorporated rural area”. Commissioner Massilotti perceives the purpose of the charter amendment to be the protection of over-stretched county resources. Commissioners Marcus and Koons see fhe purpose as “protection ofrural neighborhoods” fkom takeovers by communities such 135 Wellington, and represented publicly that the charter amendment will not affect the urbanized cities in the east ofthe County. County Attorney Banks sees as an additional purpose the establishment of notice provisions in urban areas. The proponents of this ballot amendment could have followed the mandates of the single- subject rule and drafted the proposed amendment in several ballot questions, so as to enable voters to accept the amendment they truly want. Yet they chose to Iog-roll a host of separate purposes into a charter amendment that accomplishes numerous purposes. It appears that the multiplicity of subjects was born aut ofthe County Commission’s desire to create obstacles to voluntary annexation of 17 . 10/01/2004 varying height, reserving unto itself maximum discretion to prevent annexation in unincorporated areas, or at least to extract the inaximum price ftom any party attempting annexation. As has become abundantly clear in recent months from the County’s collateral efforts to amend its Comprehensive Land Use Plan, the County wants to block any municipality fiom providing services in heretofore unincorporated and unserviced areas. One way to accomplish that goal, is to block mexation of such unserviced areas in the west, because annexation usually leads to Voviding services by the annexing municipality. The County has made it abundantly clear that it intends to sell its services, in the future, in most of today’s unincorporated areas, including the eagerly anticipated Scripps research campus. One could say, thus, that the genesis of the County’s charter amendment efforts lie in the Scripps-driven efforts of the County to monopolize the sale of services in the unincorporated urban areas. Although the proposed charter amendment in the instant case is offered as a single amendment to the charter, it is obvi~usly multifarious. It does not give the electorate the opportunity to express approval or disapproval severally as to each major change suggested. Adams v. hter, 238 So.2d 824 (ma. 1970); Rivera-CNZ v. Gray, 104 So.2d 501. (1958). The ballot question as presented to the Palm Beach County voters requires them to accept or reject all of the proposed amendment in toto, granting broad authority to the Commission to adopt an as-yet-unknown ordinance serving numerous purposes. Even though the voters my be in favor of creating, in the charter, an exclusive method of voluntary annexation, they may not want to be part of an unicorpoarated mal neighborhood, or they may not want to be excluded at some time in the future when the urban Sewice boundsty is moved. Yet, this proposed charter amendment requires them to accept all purposes ifthcy only want one. The Palm Beach County voter is basically asked to give one yes or no answer to a proposal that asks three or more questions. See In Re: Advisorv Opinion ‘ 10/01/2004 18:24 FAX 954 522 9123 BRINKLEY McNERNEY B 020 to the Attorney General - Restricts Laws Related to Discrimination, 632 So2d 1018 (Fla. 1994). For tx~t~pl~, a Palm Bcach County Votm may want to have an exclusive method of voluntary annexation for the entire county, but may not want to give the powcr to cmct it to the County Commission. Another voter may like the concegt of county commission approval of voluntary annexations, but may not lilce the areas to be designated for special status. The proposed charter amendment clearly violates the single subject rule, and the ballot question is thus unconstitutional. 3. Violation of Ha. Stat 101.161 for Failure to Advise Voters of Chief Purpose of the Proposed Amendment. To be placed on the ballot, the ballot summary also must be legally sufficient under Section 101.161, Pla. Stat (2003). Subsection 101.161 (1) provides, in pertinent part: Whenever a constitutional amendment or other public measure is submitted to the vote of the people, the substance of such amendment or other public measure shall be printed in clear and unmbiguous language on the ballot . . . the substance of the ammdment or other public measure shall be m explanatory statement, not exceeding 75 words in length, of the chief purpose of the measure. The ballot title shall consist of a caption, not exceeding 15 words in length, by which the measure is commonly referred to or spoken of. The purpose of section 101.161. is “to assure that the electorate is advised of the true meaning, and ramifications, of an amendment.” Askew v. Firestone, 42 1 So.2d 1 5 1, I56 (Fla. 1982). The Florida Supreme Court has cautioned against approving the validity of a ballot summary that is not clearly understandable. In Re: Advisory Opinion to the Attornev General - Restricts Laws Related to Discrimination, 632 S0.2d 1018, 1021 (Fla. 1994. The critical issue concerning the language of the ballot summary is whether the public has In the instant case, the Yair notice” of the meaning and effect of the proposed amendment. 19 public has neither. a. The Meaning of the Ballot Summary and the Ballot Amendment &I General is Ambiguous. Even a cursory reading of the ballot summary raises numerous questions concerning the meaning of the proposed amendment, which simply cannot be answered or understood by reference to the text of the proposed amendment: EXCLUSIVE METHOD OF VOLUNTARY ANNEXATION IN PALM BEACH COUNTY ShaIl the Palm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes NO ‘ 10/01/2004 18:25 FAX 954 522 9123 BRINKLEY McNERNEY @I 021 Some ofthe obvious ambiguities are as follows: i. Does the Palm Beach County Commission have an obligation to pass such an ordinance if tbe charter amendment is approved7 ii. Does the clause “and which includes unincorporated neighborhoods . . .”refer to the &‘the exclusive method of voluntary annexation,” to “the unincorporated protection area,” or to the “ordinance”? iii. Does the term “including” refer to “ordinance”, to to “charter” or to “exclusive method”? iv. What will the exclusive method of annexation outside the ‘bincoprated protection area” and the “unincorporated rural neighborhood” be? v. Who decides which areas are to become ‘bnincorporated rurd neighborhoods,” and 20 vi. vii. ... Vlll. ix. what does it mean that areas become “eligible” to become “unincorporated rural neighborboods.” How can any given elector determine what the exclusive method of annexation for hisher Unincorporated property will be if the proposed amendment is adopted? Does this charter amendment give the county commission the power to later place property currently in the urbm,service areas (k not in the “unincorporated protection area” or the “unincorpoFated rural neighborhood”) in the protected areas, and thereby subjecting such property to annexation restrictions that do not apply at the time of the vote? I Does this charter amendmmt give I the county commission the right to approve annexations with a 5:2 supermaJority vote over the objection of the annexing municipaIity (ie. forced mexatiJnIl Does this amendment really provide for the excIusive method of voluntary annexation in Palm Beach county; or only in certain poxtions of Palm Beach County? I I ! It is blatantly obvious that the title and the summary of the ballot measure do not give the I voters “fair notice” of the meaning of the proposed amendment, thus violating Section 101.161(1), fila. Stat. b. The Effect of the Proposed Chater Amendment is Completely Unclear. As is dear &om the questions in the pre4ing section, it is entirely impossible for a voter to determine from the ballot language whether he/s@ would be affected by the exclusive method the County Commission may adopt at some time tin the future. More significantly, the County Commission has insisted that this amendment d+s not concern, as the ballot title suggests, all of 1 Palm Bach County. During the August 17,2004 County Commission meeting, and in deciding I I I I I I . 10/01/2004 18:25 FAX 954 522 9123 BRINKLEY McNERNEY @I 023 whether or not to submit this charter amendment to the voters of Palm Beach County, Council chairwoman Karen Marcus stated: Commissioner Marcus: Let me make sure that we understand that this ballot] ordinance does not affwt any one of those palm Beach County] cities that got up here and talked to us. None. Correct? Staff Correct. I Transcript of Commission Meeting of August 17,2004, at pp Cornmissioner Greene: Let me ask you a question, make sure the public understands. This is not going to affect what [Palm Beach County Cities] cities? Commissioner Marcus: Any cities, other than Royal Palm Beach and Wellington, and all it affects them is they can't keep going further west. Transcript of Commission Meeting of August 17,2004, at pp Not ody was Commissioners Marcus' statement blatantly false, but the stated effect appears nowhere in the ballot language. For practical purposes, the ballot language renders even an educated voter incapable to determine what the true effect of the ballot measure would be, The "true meaning and ramifications of the Amendment'' are absolutely impossible to determine from this ballot proposal. Askew v. Firestone, 421. So2d 151, 156 (Fla. 1982). As such, the proposed charter amendment violates Section 101.16 1 (2003). The proposed charter amendment must be stricken fkom the November 2,2004 ballot. CONCLUSION For the foregoing reasons, Plaintiffrespectfhlly requests that this Court enter an injunction preventing the proposed charter amendment from being placed on the November 2,2004 ballot, and grant such other and further relief as the Court deems necessary and proper. 22 . 10/01/2004 18:25 FAX 954 522 9123 BRINXLEY McNERNEY @I 024 REQUEST FOR EXPEDITED HEARING Given the impending November 2,2004 election, and given the paucity of factual issues to be developed in discovery, Plaintiffrcspectfully requests an expedited hearing on this matter. Respectfully submitted, Lehtinen, Vargas & Riedi, P.A. Special Counsel for the Village of Wellington 7700 N. Kendall Drive, Ste 303 Miami, FL 33156 Tel: (305) 279 1166 Fax: (305) 279 1365 By: Dexter W. Lehtinen, Bsq., Fla. Bar #265551 Claudio Riedi, Esq., Fla. Bar ## 984930 Anthony J. O'Donnell, Esq., Fla. Bar #0239501 and Brinkley, McNerney, Morgan, Solomon & Tatum, LLP General Counsel for the ViIlage of Wellington 200 East Las Olas Blvd., 19' Floor Port Lauderdale, FL 33301 Tel: (954) 522 2200 Fax: (954) 522 9123 Jeffrey Kurtz, Esq., Fla. Bar # 494178 Quentin E. Morgan, Esq., Fla. Bar #386642 23 ’ 10/01/2004 18:25 FAX 954 522 9123 BRINKLEY McNERNEY 4 1, @I 025 IN WE CIRCUIT COURT OF TEE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA T€W VILLAGE OF WELLINGTON, a Florida municipality, Plaintiff, vs. PALM BEACH COUNTY, Florida a political subdivision, Defendant. I CASENO.: COMPLAINT FOR DECLARATORY JUJlGMENT AM) INJUNCTlW3 RELIEF Plaintiffs, THE VILLAGE OF WELLINGTON, aFlorida municipal corporation (hereinafter “Wellington”), by and through its undersigned counsel, sues Defendant PALM BEACH COUNTY, a political subdivision of the State of Ronda (hereinafter count^?'), and in support thereof would state as follows: GENERAL ALLEGATIONS 1. Wellington is a municipal corporation incorporated in the State ofFlorida and located in Palm Beach County, Florida. . 2. 3. Defendant County is a political subdivision of the State of Florida. Article Vm, Section 2 of the Florida Constitution provides that “Municipalities shall have govemrnenta1, corporate and proprietary pdwers to enable them to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law.’’ Additionally, Article Vm, Section 2 provides that municipalities shall have the power to annex unincorporated territory provided by general or special law. 4. Chapter 171, Florida Statutes, provides the methods for municipalities to annex territory into their jurisdiction, including the procees for standard annexation and the process for voluntary annexation. 5. Both processes for annexation are voluntay in nature. The standard process set forth in Section 17 1.041 3, Florida Statutes, is initiated by the passage of an ordinance by tbe governing 1 body of the municipality which is subject to the affirmative vote of the registered voters in the area to be annexed or if there are no voters in the area the consent of the owners of the majority of the acreage and majority of parcels, in order to effectdate the ordinance, Section 171.044, Florida Statutes, sets forth a procedure for property owner@) to petition the municipality to be annexed into the municipality when one hundred percent (100%) of the owners of the property(ies) consent to the petition after which the municipality can pass an or&mnce annex ing the property(ies). 6. While Section 171.044, Florida Statutes, is captioned cVoluntaryAnnexation” there is no statutory definition for “voIuntary annexation” and there is no process under general law wherein an annexation to a municipality can take place without the mutual consent of the governing body ofthe municipality and at least the majority of votsrs voting in referendum or the majority of property owners consenting to the annexation, 7. Sub-Section 17 1.044 (4) Florida Sta6tes states: (4) The method of annexation proyided by this Section shall be supplemental to any othm pmcedure]provided by general or special law, except that this section shall not apply to municipalities in counties with charters which provide for an exclwive mathod of municipal annexation. 8. Palm Beach County is a charter county. 2. ’ 10/01/2004 18:25 FAX 954 522 9123 BRINKLEY McNERNEY 4 @I 027 9. Palm Beach County’s charter does not contain any problems dealing with materials or purchases relating to municipal annexation. lo., On August 17,2004, the Palm Beach County Commission approved Ordinance 2004- 021 (the “Ballot Ordinance”), which requires fhat the following question shall be placed on the ballot for November 2,2004 by the Supervisor of Elections: Shall the Palm Beach County Charta be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated mal neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes No A true and correct copy of the Ballot Ordinance is attached az Exhibit “A”. 11.. The Ballot Ordinance itself acknowledges that Section 171.044(4) Fla. Stat. (2003) Statutes provides authority for a charter county to provide for an exclusive method for voluntary municipal annexation in its charter (see WHEREAS clause in Ballot Ordinance, emphasis added). 12. Section 1 - 1. of the proposed amended charter would state, however, that the County has the “power to establish by ordinance the exclusive method for voluntary municipal annexation, to the extent authorized by law, including the designation of an unincorporated protection area and designation of unincorporated rural neighborhoods.” At section 1.3.? proposed mended charter would provide as follows: Notbing in this Charter shall prevent a municipality from annexing an unincorporated area into its municipal bmdaries, except that all voluntary annexations shall be in accordance with the exclusive method for voluntary municipal annexation established by ordinance of the Board of Cow@ Commhsioners, including the designation of an unincorporated protection area and designation of unincorporpted rura1 neighborhoods. voluntary annexation in an unincorporated protection area requires approval by an affiative 3 vote of at least five [of the seven] members of the board of county commissioners. Voluntary annexation in an unincorporated rural ncighborhood requires approval by an affirmative vote of at least five mernben ofthe board of county commissioners and a majority of the registered electors residitlg witbin the boundaries of the unincorporated rural neighborhood voting on the question (emphasis added). 13. The proposed charter amendment would purport to give authority to the County Commission to create by ordinance, as amended from time to time, the exclusive method of voluntary amendment. The proposed charter amendment wouldnot create a “charter which provides for an exclusive method of voluntary annexation” as expressly required by Section 171. -044. 14. The proposed charter amendment hther purports to authorize the County Commission to establish “unincorporated protection areas” and “unincorporated mal neighborhoods.” Voluntary annexation in any area designated by the County Commission at any time as ‘unincorporated protection area” would require a supermajority of votes of the county commission, or any other additional requirement the county commission chooses to impose by ordinance in the future. Voluntary annexation in any area designated by the County Commission at any time as ‘’unincorporated rural neighborhood” Would require a supermajonty of votes of the county commission plus a majo&y vote of the electors residing within the bounwes of the neighborhood voting on the issue, or any other additional requirement the county commission chooses to impose by ordinance in the future. I. 5. The proposed charter amendment refers to ‘’voluntaryannexation” but does not define the term. 16. For all other unincorporated areas of Palm Beach County, not in the ‘bincorporated protection areas” or the “unincorporated mal areas,” the amended charter would not necesdly provide any method for voluntary annexation. 4 17. The requirements set out in the proposed charter. amendment for the future “ordinance” would delegate to the County Commission the absolute power to decide, without any guidance or standard, which voluIltary annexations should be approved and which should be denied in unincorporated areas contiguous to municipality that wouId qualify for future annexation. 18. Members of the County Commission have incorrectly stated on the public record that the proposed charter amendment affects only some municipalities in Palm Beach County @e. Wellington and Royal Palm Beacb). 19. The proposed charter amendment gives a minority of the County Commission the absolute power to prevent any voluntary annexation into municipality &om broad unincorporated areas. The proposed chaTta amendment would give a minority of the County Commission the absolute power to reject any requests for voluntary annexations into a municipality without having to give any reasons for any such denial. 20. The proposed charter amendment would give the county commission absolute power to establish, expand, reduce or alter the so-called “unincorporated protection areas” and ”unincorporated rural neighborhoods,” which will in each case affect the property rights of individual property owners in such areas and the municipaI rights of Cities without due process of law. 2 1. Tbe proposed charter amendment would empower the County Commission to subject entire swaths of individual properties to its will without any recourse, standards, guidelines, due process or rules other than the whim and will of the’county commission. The boundaries of any such areas would depend on the designation of urban service boundaries and othcr restrictive weas, which would be made fkom time to time by the County Commission. 22. While the proposed charter amendment would make certain, as not yet defined areas, 5 , 10/01/2004 18:26 FAX 954 522 9123 BRINKLEY McNERNEY B 029 eligible to become unincorporated nual neighborhoods, additional ordinances would be required in each case to designate such areas. Such designations, affecting the exclusive method for voluntary annexations, would all be outside the charter and not be reflected in the charter. 23. The proposed cbarter amendment fails to incorporate a map clearly designating the boundaries of the various nual neighborhoods. It merely states that areas eligible to be designated by ordinance as unincorporated rural neighborhoods must be locatedin the unincorporated protection area and are limited to recorded subdivisions and antiquated subdivisions as defined in the Palm Beach County Comprehensive Plan located in the exurban or rural tien of the Palm Beach County Comprehensive Plan and other residential neighborhoods located in the exurban and mI tiers with at lbst 25 dwelling units as of the effwtive date of this charter amendment. 24. The proposed charter amendment would not provide in the charter the exclusive method for voIuntary annexation, but would instead give a minority of the County Commission the ab,solutepower toprwent amy voluntary annexations in certain areas, a goal the county commission has expressly sought to accomplish with the amendment. 25. The proposed charter amendment fails to provide for any input by municipalities in the voluntary annexation process. The proposed charter amendment would permit, on its terms, a forced annexation of certain areas into a municipality that does not want to annex such areas. 26. By designating portions of unincorporated areas of Palm Beach County as ‘2mincorporated protection areas” or ‘’unincoqmrated rural neighborhoods, with the intention of preventing municipalities horn annexing such areas, Defendant County is in fact defining municipal borders of municipalities, including Plaintiffs. The language in the proposed amended charter would make the definition of such areas dependent on the County’s definition of its “urban service area,” and the County Commission has the power to change its urban sewice area boundaries without 6. i further referendum. 27. The proposed charter amendment violates the mandates of Defendant County’s Comprehensive Plan, which provides that “[Tlhe County shall work to reach general agreement on ultimate municipal boundaries, to the maximum extent possible, through the Palm Beach County intergovernmental Coordination program . . .” Objective 1.4, Policy 1.4-b.; htcrgovcmmental Coordination Element. The County prepared the delineation of municipal annexation areas without any input from the municipalities. 29. The proposed charter amendment is an improper device to prohibit “voluntary annexation” into ,municipalities rather than the exclusive method for annexation in Palm Beach County. Accordingly, the proposed charter amendment is more in the nature of a substantive change in state law to obstruct annexation than a procedural change to provide a method to accomplish voluntary annexation. 30. It is unclear how it will be determined whether the owners of areas designated as “rural neighborhoods” and “unincorporated protection areas” in fact wish or agree to have their property so designated. 31. The proposed charter amendment would not contribute to establishment of uniform legislative standards throughout the state for the adjustment of municipal boundaries, nor to the efficient delivery of services in such areas. 32, The establishment and amendment of fie “unincorporated protection areas” and ‘hincorporated rural neighborhoods” should require, at a minimum, the process ofpublic hearings to amend the Comprehensive Plan of Palm Beach County, land use classifications, and submission to the Department of Community Affairs and other jurisdictional entities for final approval. 33. The proposed chaster amendment would transfer a statutory fimction of a municipality 7 ’ 10/01/2004 18:28 FAX 954 522 9123 BRINKLEY McNERNEY @I 031 (Article Section 2 of the Florida Constitution, determination of what land to annex) to the County without fulfdling the procedural requirements of article WI, Section 4 of the Florida Constitution, concerning the transfer of power between governing bodies. 34. Article VI, Section 6.3 of the Palm Beach County Charter (Home Rule Charter Amendments), provides that “each amendment to this Home Rule Charter shall be limited to a single and independent subject.” 35. The County’s placement of the proposed charter amendment on the November ballot leaves Plaintiffs in doubt as to its rights and the rights of the County under the proposed charter amendment, as more fully set forth in the various causes of action for declaratory relie< stated below. This Complaint’s causes of action for declarabry relief are brought pursuant to 36. Chapter 86, Florida Statutes 37. Jurisdiction for the causes of action far declaratoryrelief in this matter is before this Court pursuant to Section 86.01 1, Florida Statutes. Venue for this action is proper within Palm Beach County, Florida. 38. The submission of the proposed chaker amendment to the voters of Palm Beach County would irreparably harm Plaintiff. 3 9. Plaintiff have no remedy at law. Plaintiffs are likely to prevail on the merits in this case. An injunction against the placing of the ballot language on the ballot will serve the public interest . COUNT I: Declaratory Judgment that the proposed charter amendment violates Settion 171.044, Fla. Stat., in that it would not provide in the charter for the exclusive method of voluntary amendment. 40. The allegations in paragraphs 1 through 33 are realleged and reaverred as though fully 8 set forth herein. 41. Pursuant to Chapter 171, Florida Statutes, and Mcle WI, Section 2 of the Florida Constitution, the power to annex, voluntarily or involuntarily, is a function, service and power of a municipality, such as .municipal Plaintiffs Tbat power may be abridged only if a charter county provides for the exclusive method of “voluntary” annexation in its chwder. 42. As stated more fully above, the proposed charter amendment, if passed by the electors in Palm Beach County, would not set forth the exclusive method for voluntary annexation in Palm Beach County. Instead, the proposed charter amendment would give power to the County Commission to (a) pass and subsequently amend an ordinance providing for the exclusive method of voluntary annexation without any meaningful limitations; (b) pass or amend ordinances defining ‘?minunincorporated protection areas” and “unincorporated rural neighborhoods,” as the County Commission deems fit in its absolute discretion; (c) reject applications for voluntary annexations tlmt do not achieve a supermajority before the county commission for any reason or no reason whatsoever; (d) reject any applications fox voluntary annexations into most of Wellington, which is an announced goal of the county commission according to commissioners’ public statements. (ii) The charter amendment authorizes, but does not mandate the passage of any ordinance by the County Commission with respect to voluntary municipal annexation. Lfthe charter amendment passed, but the county commission did not pass an effectuating ordinance, the method of annexation contemplated by Section 171.044, Florida Statutes, would not be applicable and the 9 ’ io/oi/z004 ia:~ FAX 954 522 9123 BRINKLEY McNERNEY a033 10/01/2004 18:26 FAX 954 522 g123 BRINKLEY McNERNEY @I 034 only method of annexation would be under Section ‘171,0413, Florida Statutes. 43. The proposed chartex amendment would not provide any method of voluntary annexations for broad porkions of Palm Beach County, which we not part of the “mincoTporated protection areas’’ or “untlnincoxporated rural neighborhoods.” WH]EREFORE, Wellington respectfully requests that this Court accept: jurisdiction over this matter and issue a judgment declaring the following: a. That the proposed charter amendment is not valid or enforceable under applicable law; b. That the proposed charter amendment is invalid in that it does not create a charter which provides for an exclusive method of municipal annexation. c. That the proposed charter amendment further violates Section 171.044 in that it fails to set forth, for large portions of Palm Beach County not located in the ‘‘unincorporated protection artas” or “unincorporated fural neighborhoods,” any voluntary annexation method; d. That it was not proper to submit the proposed charter amendment to the voters of Pdm Beach County; e. That, injunctive relief shall issue striking the ballot question from the ballot for November 2,2004. f. That, ifthe proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; g. Wellington respectfully requests such other and hrther relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section $6.08 1 10 ’ 10/01/2004 18:26 FAX 954 522 9123 BRINKLEY McNERNEY @I 035 ! COUNT II: Declaratory Judgment that the proposed charter amendment violates the charter’s single subject requirement for amendments (Article VI, Section 6.3., Palm Beach County Charter). 45, The allegations in paragraphs 1 through 33 are realleged and reaverred as though fully set forth herein. 46. This is an adion for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring that the ballot language violates of Article VI, Section 6.3 of Palm Beach County’s Charter (Home Rule Charter Amendments), which provides that “each amendment to this Home Rule Charter shall be limited to a single and independent subjcct.” 47. The Ballot Ordinance places the following question on the ballot: Shall the Palm Beach County Charter be amended to akthorize an ordinance providing for the exclusive method for voluntary annexations, including notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rural neighborhorvds where voluntary annexatim must be approved by the county commission and majority vote of electors residing within the boundaries ofthat neighborhood? Yes NO 48. The ballot question violates Article VI, Section 6.3.of the Palm Beach County Charter because it concerns at least four separate subjects: a. Elimination of the availability of annexations in accordance with Section 171.044, Florida Statutes. b. Authorization of the county commission to pass an ordinance providing for the exclusive method of voluntary annexation. c. Authorization of the County Commission to pass an ordinance designating an unincorporated protection area wheIe voluntary annexations would later have to be approved by a super-majority vote of the Board of County Commissioners? 11 ’ 10/01/2004 18:28 FAX 954 522 9123 BRIMLEY McNERNEY @I 038 d. uthorization of the County Commission to pass an ordinance establishing areas eligible to become unincorporated rural neighbOrhQQds, where voluntary annexations would later have to be approved by a super-majority of the Board of County Commissioners and additionally by a majority vote of the electors residing in the neighborhood so designated by the Commission. 49. The proposed charter amendment would substantially alter or perform the functions of multiple aspects of govcmtnmt, including, without limitation, (1) the county commission may if it chooses designate by ordinance the exclusive method of voluntary annexation; (2) the county commission may if it chooses establish and freely amend unincorporated protection area boundaries; and (3) the county commission may, if it chooses, establish and freely amend boundaries of areas eligible to become unincorporated rural neighborhoods, and thereafter consider whether eligible areas should in fact become rural neighborhoods. WHEREFORE, Wellington respectfiilly requests that this Court accept jurisdiction over tbis matter and issue a judgment declaring the following: a. That the proposed charter amendment violates Article VI, Section 6.3 of Palm Beach County’s Charter (Home Rule Charter Amendments), b. That it was not proper to submit the proposed charta amendment to the voters of Palm Beach Cow@, c. That, injunctive relief shall issue striking the ballot question fiom the ballot for November 2,2004. d. That, if the proposed charter amendment receives and affimative vote, the proposed charter amendment is not valid or enforceable under applicable law; e. Wellington respectfully requests such other and further relief as the cm deems 12 I necessary and proper, kcluding without tatio ion an award of its costs pursuant to Section 86.08 1. COUNT llI: Declaratory Judgment that the proposed charter amendment violates Florida Law in that the ballot question fails to provide its substance in clear and unambiguous language. 50. The allegations in paragraphs 1 through 33 are realleged and re-averred as though fully set forth hercin. 51. This is an action for declamtory relief brought pursuant to Chapter 86, Florida Statutes, declaring that the ballot language violates Section lO1.161( 1) Fla. Stat. in that the baIlot language does not state its substance clearly and unambiguously. 52. Section 101.161(1) of the Florida Statutes provides, in relevant part, that Whenever a constitutional amendment or other public measure is submitted to the vote of the people, the substance of such amendment or other public measure shall be printed in dear and unambiguous language on the ballot.” 53. The intent of this section is to erne *at voters are advised of the true meaning of a proposed ballot measure, 54. The Ballot Ordinance places the following question on the ballot: Shall the Palm Beach County Charter be amended to authorize an ordinance providing for the exclusive method for voluntary annexations, hcIucling notice requirements and designation of the area outside the urban service area as unincorporated protection area where voluntary annexation must be approved by the county commission, and which includes unincorporated rutdl neighborhoods where voluntary annexation must be approved by the county commission and majority vote of electors residing within the boundaries of that neighborhood? Yes No 55. The wording of the ballot question at issue is ambiguous, unclear and not capable of being understood by a reasonable voter. It includes, without limitation, the following ambiguities and infirmities: 13 ‘ 10/01/2004 18:27 FAX 954 522 0123 BRINKLEY McNERNEY la 037 3. ii. iii. iv. V. vi. vii . _._ v111. ix. X. Does the Palm Beach County Commission have an obligation to pass such an ordinance if the charter amendment is approved? Does the clause “and which includes unincorporated neighborhoods - . .” refer to the “the exclusive method of voluntary annexation,” to “the unincorporated protection area,” or to the “ordinance”? Does the term “including” refer to “ordi~lance’~, to “amended”, to “charter” or to “exclusive method”? What will the exclusive method of annexation outside the “unincorporated protection area” and the “unincorporated rural neighborhood” be? Who decides which areas are to become “unincorporated rural neighborhoods?” What does it mean that arm become “eligible” to become ‘”unincorporated nual neighborhoods.” How can any given elector determine what the exdusive method of annexation for hidher unincorporated property will be if the proposed amendment is adopted? Does this charter amendment give the county commission the power to later place property currently in the urban service areas (ie. not in the “unincorporated protection area” or the “unincorporated rural neighborhood”) in the protected areas, or vice versa, and thereby subjecting such property to annexation restrictions that do not apply at the time of the vote? Does this charter amendment give the county commissioxl. the right to approve annexations with a 52 supermajority vote over the objection of the annexing municipality (i.e. forced annexation)? Does this amendment really provide for the exclusive method of voluntary 14 10/01/2004 18:27 FAX 954 522 0123 BRINKLEY McNERNEY @I 038 annexation in Palm Beach County, or only in certain portions of Palm Beach County? xi. WHEREFORE, Wellhgton respectfUllyrequests that this Court accept jurisdiction over this 1s municipal quiescence to the annexation necessary? matter and issue ajudgment declaring the following: a. That the proposed charter amendment violates Florida Statute 10 1.161 (1) because it is unclear and ambiguous; b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach Counv, c. That, injunctive relief shall issue striking the ballot question hm the ballot for November 2,2004. d. That, ifthe proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; e. Wellington respectfhlly requests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86,081. COUNT IV: Declaratory Judgment that the proposed charter amendment violates Article VLZI, Section 2 of the Florida Constitution in that it is an unlawful delegation to let the Palm Beach County Commission determine municipal boundaries. 56. The allegations in paragraphs 1 through 33 are re-alleged and re-averred as though fully set forth herein. 57, This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring that the proposed charter amendment is invalid because it improperly delegates to the Palm Beach County Commission the power to determine municipal borders by meam of the proposed power to designate “unincorporated protection areas” and ‘%.nunincorporated rural 10/01/2004 18:27 FAX 954 522 9123 BRINKLEY McNERNEY @I 039 10/01/2004 18:27 FAX 954 522 9123 ~ BR I NKLEY ncighborhoods,” and by approving or eytn forcing annexatims over thc objections of the annexing municipality, alI in violation of Article WI, Section 2 of the Florida Constitution. 58. Municipalities may exercise municipal powers except as otherwise provided by law. Art WI, Sec. 2, Florida Constitution. Such a law is Section 171.044, which provides that the municipal power to detkhnine boundaries may be limited by charter provisions providing for the exclusive method of voluntary annexation. 59. By adopting the charter amendment as poposed, the voters of Palm Beach County would delegate the authority to limit the municipalities’ power to determine their boundary from themselves to the County commission. 60. The language of the charter amendment is not attended by meaningful standards for the exercise of this power by the County Commission. 61. The language in the amended cbarter would make the definition of “unincorporated protection areas“ and “unincorporated rural neighborhoods,” dependent on the County’s definition of its ‘‘urban service area.” 62. The County Commission has the power to change its %rban service area” boundaries without further referendum. As such., the proposed charter amendment gives the power to the County Commission to define, in the future, annexation areas and tbus municipal boundaries. 63. The proposed Charter amendment, on its face, would let the county commission pass an ordinance that completely ignores the wishes and procedure6 of municipalities in the annexation process. 64. The charter amendment would let the county commission enact an ordinance that could force municipalities to accept undesirable annexations if a supermajority of the comty commission approves such annexations. WHEREFORB, Plaintiffs respecthlly requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. That the proposed cbarter amendment violates Article Wr, Section 2 of the Florida Constitution by improperly delegating to Defendant County the power to define municipal boarders; b. That it was not proper to submit the proposed charter amendment to the voters of Palm Bcach County; c. That, iujwctive relief shall issue striking the ballot question from the ballot for November 2,2004. d That, if the proposed charter amendment receives and afiirmative vote, the proposed charter amendment is not valid or enforceable unda applicable law; e. Plainti& respectfully quests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86.08 1. COUNT V: Declaratory Judgment that the proposed charter amendment is illegal in that it violatm the Intergovernmental Coordination Element In the Palm Beach County Comprehensive Plan. 65. The allegations in paragraphs 1 through 33 are realleged andmvend as though fully set forth herein. 66. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring that the proposed charter amendment violates the mandates of Defendant County’s Comprehensive Plan, which provides that “[Tlhe County shall work to reach general agreement on ultimate municipal boundaries, to the maximum extent possible, through the Palm Beach County intergovernmental coordination program . . .” Objective 1.4, Policy 1.4-b.; Intergovernmental Coordination Element. The County prepared the delineation of municipal 17 amexation areas without any input fiom the municipalities. WHEREFORE, Plainti& respectfblly requests that this Court accept jurisdiction over this matter and issue a judgment declaring the foIlowing: a. That the proposed charter amendment is improper in that it violates the mandates of Palm Beach County’s Comprehensive Plan, Intergovernmental Coordination Element, Objective 1.4, Policy 1.4-b b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach Counv, C. That, injunctive relief shall issue Striking the ballot question from the ballot for November 2,2004. d. That if the proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; e. Plaintifls respectfully requests such other and further relief as the COW deems necessary and proper, including without limitation an award of its costs pmumt to Section 86.081. COUNT VI: Declaratory Judgment that the Ballot Ordinance violates the law in that It fails to properly define the rural protection areas and rural neighborhood are& the County Cornmisston may include in any exclusive annexation ordinances it may adopt. 67. The allegations in paragraphs 1 through 33 are realleged and reaverred as though fully set forth herein. 68. The proposed charter amendment fails to properIy define the ‘’unincorporated protection areas” and “unincorporated rural neighborhoods.” 69. to be so designated. The proposed oharter amendment foils to include a map or legal description of areas 18 * 10/01/2004 18:27 FAX 954 522 9123 BR I NKLEY McNERNEY @I042 70. The proposed charter amendment does not require the County Commission to desipate any areas, or any specific areas as ‘’unincorporated protection areas” or “unincorporated rural neighborhoods.” 71. The areas the County Commission may designate can be changed subsequently by the County Commission without further input of the electors. Accordingly, the electors cannot know whether they will be located in an “UnUnincorporated protection area” or “uxlincorporated rural neighborhood” when the Corn@ commission hdy enacts an ordinance providing for the exclusive method for voluntary annexation. 72. The purported definition in the charter amendment for areas eligible to be included as %.nunincorporated protection arca” or ‘’rural neighborhood area” is so vague, that a reasonable elector would be unable to determine whether or not property he owns would be located in an “unincorporated protection area’’ or ‘hnincorporated rural neighborhood” when the County Commission finally designates them. 73. The proposed amended charter defines these areas as follows: The unktcorporated protection area is defined as all unincorporated lands located outside of the urban service area established in the Palm beach County Comprehensive Plan. Areas eligible to be designated by ordinance as unincorporated rural neighborhoods must be located in theunincorporated protection area and are limited to recorded subdivisions and antiquated subdivisions as defined in the Palm Beach County Comprehensive Plan located in the exurban or rural tiers of the Palm beach County Comprehensive Plan and other residential neighborhoods located in the exurban and ml tiers with at least 25 dwelling units as of the effective date of this charter amendment. 74. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring that the definition of unincorporated protection areas and unincorporated rural neighborhood in Ballot Ordinance is unconstitutionallyvague and invalidunder Section 101.161 Fla. 19 10/01/2004 18:27 FAX 954 522 9123 BRINKLEY McNERNEY @I044 Stat (2003), . WHEREFORE, Plainti% respecmly requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. That the Ballot Ordinance violates the law in that it inadequately defines the areas the County may designate as "unincorporated protection area or unincorporated rural neighborhood. ' b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; c. That, injunctive relief shall issue striking the ballot question from the ballot for November 2,2004. d. That, if the proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; e. Wellington respectfully requests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86.08 1. COUNT VII: Declaratory Judgment that the proposed charter amendment is illegal in that it violates Section 171.021, Fia. Stat., which mandates annexation law is to provide state wide uniform annexation standards and assurances for the efficient provisicm of urban services. 75. The allegations in paragraphs 1 through 33 are re-aIleged and re-averred as though fully set forth herein. 76, This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring the proposed charter amendment would violate the purposes of Chapter 171 Florida Statute, which is to provide state wide uniform annexation standards and assurances for the efficient provision of urban services. Section 171.021 Fla. Stat (2003). 20 77. Rather than creating uniform legal standards for annexation laws in Florida, the proposed Gharter amendment would create an entirely unique legal system for adexation in Palm Beach County, where the exclusive method for volmtary annexation is determined by county ordinance, and where the system suffers f?om the other infirmities alleged above. 78. Rather than ensuring the efficient provision of urban services, the proposed charter amendment would prevent the most efficient provision of such services. Annexation by adjacent municipalities with service capacity could be and would be stymied by Palm Beach County, who is seeking to preempt local municipalities from annexing, and subsequently sellhg services to, currently unincorporated areas of Palm Beach County. 79. The proposed charter amenhcnt is part of a concerted effort by the County to usurp and reserve unto itself the power to provide services in unincorporated areas or to block any other service providers until such time in the future as the County decides to provide services in such areas. Accordingly, the proposed charter amendment runs counter to the legislatively mandated purpose of annexation laws. WHEREFORE, Plaintiffs respectfully requests that this Court accept jurisdiction over this matter and issue a judgment declaring the following: a. b. That the proposed charter amendment violates Section 171.021, Fla. Stat. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; c. That, injunctive relief shall issue striking the ballot question from the ballot for November 2,2004. d. That., if the proposed charter amendment receives and affirmative vote, the proposed charter amendment is not valid or enforceable under applicable law; * 10/01/2004 18:28 FAX 954 522 9123 BRINKLEY McNERNEY @I1046 e. Plaintiffs respecfilly requests such other and further relief as the court deems necessary and proper, including without limitation an award of its costs pursuant to Section 86.08 1. COUNT Vm. Declaratory Judgment that the proposed charter amendment is unconstitutional in that it would transfer a statutory function of a municipality to the County without following the proper procedure for such a transfer of power. 80. The allegations in paragraphs 1 through 33 arc re-alleged and re-averred as though fdly set forth herein. 81. This is an action for declaratory relief brought pursuant to Chapter 86, Florida Statutes, declaring the proposed charter amendment would transfer a statutory function of a , municipality (Article VIII, Section 2 of the Florida Constitution, determination of what land to annex) to the Comty without fuLfillbg the procedural requirements of article Vm, section 4 of the Florida Constitution, concerning the transfer of power between governing bodies. WHEREFORE, Plaintiffs respecthlly requests that this Court accept jufisdiction over this matter and issue a judpent declaring the following: a. That the proposed charter amendment is invalid because it would transfer a statutory function of a municipality (Article WI, Section 2 of the Florida Constitution, determination of what land to annex) to the County, without fulfilling the procedural requirements of article Vm, section 4 of the Florida Constitution, concerning the transfer of power between governing bodies. b. That it was not proper to submit the proposed charter amendment to the voters of Palm Beach County; c. That, injunctive relief shall issue striking the ballot question from the ballot for November 2,2004. d. That, if the proposed charter amendment receives and affirmative vote, the proposed 22 10/01/2004 18:28 FAX 954 522 8123 BRINKLEY McNERNEY @I046 charter amendment is not valid or enforceable under applicable law; e. Plaintiffs respectfully requests such other and krther relief as the court deems necessary and proper, kcluding without limitation rim award of its wsts pursuant to Section 86.08 1 Respecthlly submitted, Lehtinen, Vargas & Riedi, P.A. Special Counsel for the Village of Wellington 7700 N. Kendall Dive, Ste 303 Miami, FL 33 156 Tel: 305 279 1166 Fax: 305 279 1365 By; Dexter Lehtinen, Esq., Fla. Bar # Claudio Riedi, Esq., Fla. Bar # 984 930 Anthony J. O'Donnell, Esq., Pla. Bar # Briukley, McNerney, Morgan, Solomon & Tatum, LLP General Counsel for the Village of Wellington 200 East Las Olas Blvd., 19" Floor Fort Lauderdale, FL 33301 Tel: (954) 522 2200 Pax: (954) 522 9123 By: Jeffrey Kurtz, Esq., Fla. Bar # Quentin E. Morgan, Esq., Fla Bar # 23 ~~~~ b 10/01/2004 18:28 FAX 954 522 9123 BRINKLEY McNERNEY @I 047 I Date Prepared: June 17,2004 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 30 39 40 41 42 43 44 45 46 RESOLUTION 138,2004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA OPPOSING PALM BEACH COUNTY’S PROPOSED CHARTER AMENDMENTS AND IMPLEMENTING ORDINANCES WHICH WOULD PREEMPT MUNICIPAL AUTHORITY TO VOLUNTARILY ANNEX REAL PROPERTY INTO MUNICIPAL BOUNDARIES; URGING THE BOARD OF COUNTY COMMISSIONERS NOT TO ADOPT SUCH ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Constitution grants to municipalities extensive home rule powers, which powers include the ability to voluntarily annex property into the municipality, pursuant to the provisions of state statutes; and WHEREAS, as part of its comprehensive planning process, the City of Palm Beach Gardens adopted policies and maps which establish a future annexation area for the City which enables the City to adequately plan for the provision of municipal services in an orderly and efficient manner; and WHEREAS, the Board of County Commissioners will consider a proposed charter amendment that would provide the Board the authority to regulate voluntary annexations by ordinance, which ordinance would provide mandatory procedures and requirements for voluntary annexation in Palm Beach County, including the delineation of future annexation boundaries for municipalities, creation of an unincorporated preservation area where voluntary annexation would be prohibited without approval by a super majority of the Board, and creation of preservation communities where voluntary annexation would be prohibited without the approval by a super majority of the Board and approval of the voters residing in the community; and WHEREAS, on May 27, 2004, the Board voted 3-1 at a workshop to direct County staff to prepare the necessary ordinances to place the proposed charter amendment on the November 2,2004, ballot; and WHEREAS, the proposed charter amendment, if passed, would preempt the City’s authority to voluntarily annex property into the City and would unnecessarily inject the County into the annexation process, severely curtail private property rights, add layers of bureaucracy to the voluntary annexation process, and hinder the City’s obligation to plan efficiently for the future; 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. P 3- 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 40 41 42 43 44 45 46 a 38 Date Prepared June 17,2004 Resolution 138,2004 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. SECTlON2. The City Council hereby expresses its formal opposition to the proposed Palm Beach County charter amendment and implementing ordinances affecting voluntary annexations by municipalities. SECTION 3, The City Council hereby urges the Board of County Commissioners not to adopt the proposed annexation charter amendments and implementing ordinances, but rather to utilize IPARC processes and the Issues Forum established in the Intergovernmental Coordination Element of the County's Comprehensive Plan to work cooperatively with the municipalities to address annexation issues. SECTION 4. The City Clerk is hereby authorized and directed to furnish copies of this Resolution to the Board of County Commissioners and members of the Palm Beach County League of Cities. ' SECTION 5. This Resolution shall become effective immediately upon adoption. (The remainder of this page left intentionally blank) 2 Date Prepared: June 17,2004 Resolution 138,2004 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 a PASSED AND ADOPTED this 1T day of 'J&M ,2004. ATTEST: Patricia Snider, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: 1 Cxristine P. Tatum, City Attorney VOTE: MAYOR JABLIN VICE MAYOR RUSSO COUNCILMEMBER CLARK COUNCILMEMBER DELGADO COUNCILMEMBER LEVY AYE NAY ABSENT -- J --- J --- J --- d G:bltorney-share\RESOLUTlONSbpplng county annexation chatter amendment - reso 138 2004.doc 3 ~~ ~~ c 00/30/2004 12:20 FAX 954 522 9123 I BR I NKLEY McNERNEY B 001 VILLAGE OF WELLINGTON Village Council Thomas M. Wenham, Mayor Lizbeth Benacqukto, Vice Mayor Laurie S. Cohen, Councilwoman Robert S. Margotis, Councilman Dr. Carmiue A Pnore, Councilman FACSIMILE TRANSMISSION DATE: September 30,2004 TO: Susan Ruby, Esq. - 561 -278-4755 cc: Christine P. Tatum, Esq. - 561-799-4139 Glen 3. Torcivia - 561-686-8764 FROM: Jeffrey S. Kurtz, Esq. SUBJECT: NO. OF PAGES, INCLUDING COVER SHEET: 5 Village Manager Charles N. Lynn, AlCP Jefiey S. Kurtz, Esq. Village Attorney COMMENT: Attached is a copy of Resolution 2004-141 which was adopted by Village Council on September 28”. I will forward a copy of the draft suit, once my chicken scratch notations have been cleaned up, IF THERE ARE ANY PROBLEMS WITH THE RECEIPT OF THlS TRANSMITTAL, PLEASE CALL 954-522-2200 Ext. 71 AS SOON AS POSSIBLE. The information contalnad In this facsimile message Is attorney prlvlleged and mnfldentlal Information irrtended only for the use of the individual or antky named above. If th9 reedof of lhlo message is not the intended recipient, you are hereby notified that any dissemination, dlstribufbn or copy of this communication is strictly prohibited. If you have received this mrnrnunication in error, please immediately notify us by tdbphOhe end return the original meeeage to w at the above address via the U.S. Postal SeM‘ce. Thank you. LEGAL DEPARTMENT 200 Em1 Lay Olas, Suite 1900 New fiver Center Fort Lauderdale Florida 33501 (954) 522-2200 Fax (954) 522-1923 hrtp:/hrww.ci. wollington. fl.us -- A qQpl/2004 12:2_0 FAX 954 522 9123 BRINKLEY McNERNEY # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 21 28 29 30 31 32 33 34 35 36 37 38 RESOLUTION 2004-141 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF WELLINGTON AUTHORIZING THE VILLAGE ATTORNEY TO FILE A COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF SEEKING THE INVALIDATION AND REMOVAL FROM THE BALLOT OF THE REFERENDUM QUESTION PROPOSED PURSUANT TO PALM BEACH COUNlY COMMISSION ORDINANCE 2004-021 ATTEMPTINO TO AMEND THE PALM BEACH COUNTY CHARTER RELATING TO THE MATTER OF ANNEXATION, FINDING THAT SIGNIFICANT LEGAL RIGHTS WILL BE COMPROMISED IF COURT PROCEEDINGS DO NOT TAKE PLACE EXPEDITIOUSLY, AND THEREFORE, ELIMINATING ANY REQUIREMENT TO COMPLY WITH THE PROVISIONS OF CHAPTER 164, FLORIDA STATUTES, RELATING TO INTERGOVERNMENTAL CONFLICT RESOLUTION PROCEDURES; AND PROVIDING AN EFFECTIVE DATE. B 002 WHEREAS, Chapter 171 , Florida Statutes, sets forth uniform standards and procedures for adjusting the boundaries of municipalities through annexation or contraction of corporate limits within the State of Florida; and WHEREAS, such criteria and regulations have been established so as to: I 1. Ensure sound urban development and accommodation to growth; 2. Establish uniform legislative standards through the State for the adjustment of municipal boundaries; 3. Ensure the efficient provision of urban services to areas that become urban in character; and 4. Ensure that areas are not annexed unless municipal services can be provided to those areas. WHEREAS, the methods and procedures for annexations set forth in Chapter 171, Florida Statutes, have a lengthy legislative history and body of case law to guide municipalities and property owners in moving forward through the annexation process; and WHEREAS, Section 171 -044, Florida Statutes, "Voluntary annexation", provides a streamlined process for the annexation of property where upon the consent of one hundred percent (100%) of the owners of real property, of an unincorporated area of a county which is contiguous to a municipality and reasonably compact may be annexed to the municipality with the consent of the municipality; and h 09/30/2004 12:20 FAX 954 522 9123 7 BRINKLEY 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I9 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 WHEREAS, Section 171.044(4), Florida Statutes, excepts the provisions of that section in charter counties wherein such charter provides for an exclusive method of municipal annexation; and WHEREAS, Palm Beach County is a charter county, but does not currently have a charter provision dealing with annexation; and WHEREAS, Palm Beach County Cornmission is attempting to amend the Palm Beach County Charter to authorize the Palm Beach County Commission to pass an ordinance providing for the exclusive method for "voluntary annexation" ; and WHEREAS, the Palm Beach County Commission passed Ordinance 2004-021 calling for a referendum to amend the Palm Beach County Charter. WHEREAS, the proposed charter amendment is defective and misleading for a variety of reasons, including, but not limited to, the following: 1. 2. 3. 4. 5. 6. 7. 0. Voluntary annexation is not defined in the question or charter amendment presented to the voters, The proposed amendment does not place into the charter the procedures and standards for Voluntary annexation" as required by Section 171,044(4). The proposed charter amendment authorizes, but does not mandate the County Commission to pass an ordinance dealing with Voluntary annexation". If an ordinance is passed by the County Commission, it can be amended at any time by the County Commission. The proposed charter amendment does not indicate that the provisions of Chapter 171.044, Florida Statutes, will not be available to property owners, if the charter amendment is adopted. The proposed charter amendment deals with several subjects. The County Commission has been disingenuous in it discussion and descriptions of the charter amendment as current State law requires all annexations to be voluntary by a majority of the property area and/or the majority of voters (of people residing in the area to be annexed) voting in a referendum to be in favor of the annexation, for an annexation to take place. The proposed charter amendment does not require the consent of the municipality to effect an annexation into the municipality; and 2 . -- 09/30/2004 12:20 FAX 954 522 9123 BRINKLEY McNERNEY I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 @I004 WHEREAS, if the referendum is passed by a majority of the voters of Palm Beach County, property owners and municipalities will be uncertain as to the process and validity of annexation action; and WHEREAS, the Village of Wellington, its citizens, and neighbors have a strong interest in having clear and concise procedures and criteria for the annexation of properties into municipal boundaries; and WHEREAS, the proposed charter amendment does not provide clear guidelines, could be the subject of ongoing change and confusion, and subjects the annexation process to potential abuse; and WHEREAS, it is in the best interest of the Village of Wellington and its citizens that the infirmities of the proposed charter amendment are overturned prior to their potential implementation. NOW THEREFORE, 'THE VILLAGE COUNCIL OF THE VILLAGE OF WELLINGTON FINDS AND RESOLVES AS FOLLOWS: SECTION 1: The foregoing recitals are hereby affirmed and ratified as being true and correct. SECTION 2: That the proposed charter amendment is confusing and its implications are unable to be understood by the average voter because the Palm Beach County Commission has refused to enact appropriate definitions and standards to clarify what the proposed ordinance relating to annexations would actually state. SECTION 3: That because of the impending referendum on November 2, 2004, the Village of Wellington does not have the time or opportunity to participate in the intergovernmental conflict resolution procedures contemplated by the provisions of Chapter 164, Florida Statutes. SECTION 4: That because immediacy of action is necessary, or significant legal rights will be compromised, no notice of public meeting of other proceedings as provided by Chapter 164, Florida Statutes, shall be required before a court proceeding takes place. SECTION 5: That the Village Attorney and the law firm of Lehtinen Vargas & Riedi is hereby authorized to fik suit on behalf of the Village of Wellington challenging the proposed charter amendment. SECTION 6:, That the Village Manager and the Village Attorney are authorized to seek additional plaintiffs, including other municipalities and individuals to cooperate and fund the proposed action. 3 . 09/30/2004 13:42 FAX 954 522 9123 BRINKLEY McNERNEY f 2 SECTION 7: This Resolution shall become effective immediately upon adoption BY: Thomas M. Wenham, Mayor Lizbeth Benacquisto, Vice Mayor Laurie $. Cohen, Councilwoman Robert S. Margolis, Councilman Dr. Carmine A. Priore, Councilman ATTEST: BY :” Awilda Rodriguez, Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: Jeffrey S, Kurtz, Village Attorney 3 PASSED AND ADOPTED this . day of ,2004. 4 5 - FOR AGAINST 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 a 4 rm 002 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, public safety is a top priority in Palm Beach Gardens; and WHEREAS, safety from fire ts important both to citizens and local firefighters, who put their lives on the line with every response to ftre; and WHEREAS, residents of Palm Beach Gardens must take action to prevent ftres and to protect themselves if fire strikes; and WHEREAS, awareness of simple safety practices can help lower our local ftre death and injury rates; and WHEREAS; working smoke alarms on every level and a home ftre escape plan and regular drills are essential for every household in Palm Beach Gardens; and WHEREAS, Palm Beach Gardens is joining the NFP A (National Fire Protection Association) in teaching lifesaving messages in conjunction with Fire Prevention Week; and WHEREAS, the Fire Prevention Week 2004 theme, "Test Your Smoke Detectors" is an important reminder for all citizens of Palm Beach Gardens. NOW, THEREFORE, ], Eric Jab/in, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby proclaim the week of October 3-8, 2004 as FIRE PREVENTION WEEK in the City of Palm Beach Gardens and call upon the people of Palm Beach Gardens to remember the Fire Prevention Week 2004 Caution, "It's Fire Prevention Week: Test Your Smoke Alarms!" and urge all citizens to heed the advice to install smoke alarms and plan and practice fire drills. Patricia Snider, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 'J't day of Oct and Four.