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11-18-2021 VC SP-A with attachments VILLAGE OF NORTH PALM BEACH SPECIAL SESSION AGENDA VILLAGE HALL COUNCIL CHAMBERS THURSDAY, NOVEMBER 18, 2021 501 U.S. HIGHWAY 1 7:00 PM Darryl C. Aubrey Deborah Searcy Mark Mullinix Susan Bickel David B. Norris Mayor Vice Mayor President Pro Tem Councilmember Councilmember Andrew D. Lukasik Leonard G. Rubin Jessica Green Village Manager Village Attorney Village Clerk INSTRUCTIONS TO JOIN MEETING ELECTRONICALLY To join meeting by computer (video & audio) click or type the following link in address bar: https://us02web.zoom.us/j/85886411720?pwd=eEtvZUpwUjJrb0hIZ2EycUtscGNuZz09 Meeting ID: 858 8641 1720 Passcode: 810772 To join meeting by phone (voice only): 877 853 5257 US Toll-free 888 475 4499 US Toll-free Meeting ID: 858 8641 1720 Passcode: 810772 Special Session Agenda, November 18, 2021 Page 2 of 3 ROLL CALL INVOCATION - MAYOR PLEDGE OF ALLEGIANCE - VICE MAYOR AWARDS AND RECOGNITION APPROVAL OF MINUTES 1. Minutes of the Regular Session held October 28, 2021 COUNCIL BUSINESS MATTERS STATEMENTS FROM THE PUBLIC, PETITIONS AND COMMUNICATIONS Members of the public may address the Council concerning items on the Consent Agenda or any non agenda item under Statements from the Public. Time Limit: 3 minutes Members of the public who wish to speak on any item listed on the Regular Session or Workshop Session Agenda will be called on when the issue comes up for discussion. Time Limit: 3 minutes Anyone wishing to speak should complete a Public Comment Card (on the table at back of Council Chamb ers) and submit it to the Village Clerk prior to the beginning of the meeting. DECLARATION OF EX PARTE COMMUNICATIONS PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS 2. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2021-12 PROSPERITY VILLAGE PUD Consider a motion to adopt and enact on second reading Ordinance 2021-12 creating the Prosperity Village Planned Unit Development on approximately 2.34 acres of real property located on Prosperity Farms Road, south of Allamanda Drive. 3. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2021-19 CODE AMENDMENT – CIVIL CITATIONS Consider a motion to adopt and enact on second reading Ordinance 2021-19 amending Chapter 2, "Administration," of the Village Code of Ordinances by amending Article VII, "Alternate Method of Code Enforcement," to modify the procedures applicable to the issuance of civil code enforcement citations. 4. PUBLIC HEARING AND 2ND READING OF ORDINANCE 2021-20 CODE AMENDMENT – FIRES AND GRILLS IN PARKS Consider a motion to adopt and enact on second reading Ordinance 2021-20 amending Article I, "In General," of Chapter 20, "Parks, Playgrounds and Recreation," of the Village Code of Ordinances to adopt a new Section 20-10, "Prohibited Fires and Grills." CONSENT AGENDA The Consent Agenda is for the purpose of expediting issues of a routine or pro-forma nature. Councilmembers may remove any item from the Consent Agenda, which would automatically convey that item to the Regular Agenda for separate discussion and vote. 5. RESOLUTION – Approving an increase in the purchase order issued to Hy-Byrd Incorporated for building inspection services for Fiscal Year 2021 by $20,425. 6. RESOLUTION – Amending the Comprehensive Pay Plan adopted as part of the Fiscal Year 2022 Budget to include a part-time Functional Manager Position. 7. Receive for file Minutes of the General Employees Pension Board meeting held 8/3/21. 8. Receive for file Minutes of the Planning Commission meeting held 10/5/21. 9. Receive for file Minutes of the Library Advisory Board meeting held 10/26/21. Special Session Agenda, November 18, 2021 Page 3 of 3 OTHER VILLAGE BUSINESS MATTERS 10. PRESENTATION - Recreation Needs Assessment Survey- Final Presentation 11. RESOLUTION – QUASI-JUDICIAL PROCEDURES Consider a motion to adopt a proposed resolution adopting procedures applicable to quasi-judicial proceedings before the Village Council and Planning Commission. 12. RESOLUTION – DISCLAIMING VILLAGE'S INTEREST IN A DRAINAGE EASEMENT Consider a motion to adopt a resolution disclaiming the Village's interest in a drainage easement held in favor of Palm Beach County located on the west side of Prosperity Farms Road south of Allamanda Drive. COUNCIL AND ADMINISTRATION MATTERS MAYOR AND COUNCIL MATTERS/REPORTS VILLAGE MANAGER MATTERS/REPORTS REPORTS (SPECIAL COMMITTEES AND ADVISORY BOARDS) ADJOURNMENT If a person decides to appeal any decision by the Village Council with respect to any matter considered at the Village Counci l meeting, he will need a record of the proceedings, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (F.S. 286.0105). In accordance with the Americans with Disabilities Act, any person who may require special accommodation to participate in this meeting should contact the Village Clerk’s office at 841-3355 at least 72 hours prior to the meeting date. This agenda represents the tentative agenda for the scheduled meeting of the Village Council. Due to the nature of governmental duties and responsibilities, the Village Council reserves the right to make additions to, or deletions from, the items contained in this agenda. DRAFT MINUTES OF THE REGULAR SESSION VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA OCTOBER 28, 2021 Present: Darryl C. Aubrey, Sc.D., Mayor Deborah Searcy, Vice Mayor Mark Mullinix, President Pro Tem David B. Norris, Councilmember Susan Bickel, Councilmember Andrew D. Lukasik, Village Manager Len Rubin, Village Attorney Jessica Green, Village Clerk ROLL CALL Mayor Aubrey called the meeting to order at 7:00 p.m. All members of Council were present. All members of staff were present. INVOCATION AND PLEDGE OF ALLEGIANCE Mayor Aubrey gave the invocation and Vice Mayor Searcy led the public in the Pledge. APPROVAL OF MINUTES The Minutes of the Special Session held October 11, 2021 were approved as written. STATEMENTS FROM THE PUBLIC Beth Dellinger, 104 W. Beverly Rd. Jupiter, FL, requested that Council consider approving the senior citizen municipal tax amendment for low income senior citizens over the age of 65 and to submit it to the Property Appraiser by December 1, 2021 in order for it to be applied to the 2022 property taxes. These residents addressed the Council with their concerns regarding proposed boat slips in the Azure Lagoon at Anchorage Park: Kim Pasqualini, 632 Inlet Road David Wratislaw, 620 Inlet Road Mary Wratislaw, 620 Inlet Road Cathy Dash, 612 Inlet Road Bob Miller, 604 Inlet Road Mayor Aubrey stated that the Council had not and was not at any time considering to install boat slips at the north end of Anchorage Park nor has staff made any recommendation to do so. Draft Minutes of the Village Council Regular Session held October 28, 2021 Page 2 of 10 PUBLIC HEARINGS AND QUASI-JUDICIAL MATTERS DECLARATION OF EX PARTE COMMUNICATIONS Councilmember Bickel and Councilmember Norris stated that they had ex-parte communication with residents and staff from the landscape and architect firm, Cotleur & Hearing regarding the proposed Old Port Cove South Marina PUD Amendment. ORDINANCE 2021-11 OLD PORT COVE SOUTH MARINA PUD AMENDMENT A motion was made by President Pro Tem Mullinix to adopt on first reading Ordinance 2021-11 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING THE OLD PORT COVE SOUTH MARINA PLANNED UNIT DEVELOPMENT TO MODIFY THE CONDITIONS OF APPROVAL RELATED TO OUTDOOR SEATING; PROVIDING FOR ADDITIONAL CONDITIONS; PROVIDIN G FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Thereafter the motion failed for a lack of a second. Attorney Rubin stated that the applicant still had the right to make their presentation and the motion could again be addressed after. David Milledge on behalf of Safe Harbour began a presentation regarding the proposed Old Port Cove PUD Amendment. Mr. Milledge described the location and proposed changes. The applicant was proposing to expand the outdoor seating at the Belles Restaurant in Old Port Cove. The proposal was to expand the outdoor seating area from 200 square feet to 1,185 square feet in total for the creation of anew deck around the north perimeter of the restaurant. The applicant was proposing a total of thirty (30) seats for the outdoor dining area. Mr. Milledge stated that the applicant was proposing a new six (6) foot Podocarpus Hedge. Mr. Milledge stated that the applicant has modified their request from their original request. The changes from the previous request was to remove the request of an outside office tenant, converting the 1,185 square foot request to limit outdoor seating to thirty (30) seats, remove the request for a 680 square foot “retail café” from the restaurant and request five (5) overflow spaces instead of sixteen (16). Mr. Milledge reviewed and explained parking data from a parking study and based off of the shared parking agreement the proposed project would have a surplus of thirty-five (35) parking spaces. Mr. Milledge stated that the applicant was requesting a minor change of closing the outdoor seating at 9 p.m. instead of 8 p.m. Mr. Milledge stated that there was no increase in boat slips, no increase to membership, no increase to the building square footage, no changes to the operating agreement which establishes security measures taken at the entry gate or registrations for club members and no changes to parking. Mr. Milledge concluded by thanking staff for their review. Principal Planner Alex Ahrenholz began a staff presentation highlighting and clarifying any areas that Mr. Milledge may have missed in his presentation. Mr. Ahrenholz stated that the actual ordinance language that would be changed would be the elimination of the outdoor seating area being 200 square feet and thirty (30) seats and the elimination of the retail café use area. A six (6) foot hedge was being proposed on one side view of the outdoor seating. Mr. Ahrenholz discussed and explained the existing conditions that would be maintained. Mr. Ahrenholz discussed and explained the required parking agreement stating that 138 parking spaces were required by code and with a parking waiver had been reduced to 122. The proposal would increase the parking spaces to 148 and 130. Mr. Ahrenholz stated that 125 parking spaces were provided on site and an additional 40 spaces of overflow parking were provided at Cove Plaza. Draft Minutes of the Village Council Regular Session held October 28, 2021 Page 3 of 10 ORDINANCE 2021-11 OLD PORT COVE SOUTH MARINA PUD AMENDMENT continued Staff was proposing a condition that if the project was approved, an updated parking study shall be provided to the Village within 12 months of approval to show how parking is functioning. If the parking was not functioning properly, the Village would then work with the applicant to create a shuttle service to Cove Plaza by increasing valet or utilizing other strategies. Mr. Ahrenholz discussed Village code regarding outdoor seating and conditions that would be set in place for noise mitigation. Mr. Ahrenholz concluded by giving the history of meetings and decisions by the Planning Commission regarding the application and stated that there was public support of twenty (20) emails, seven (7) in person and 112 petition signatures. Public opposition was sixteen (16) emails, eighteen (18) in person including the Property Owners Association and Quay South President. Mr. Ahrenholz concluded his presentation by stating that the Planning Commission recommended denial at the October 5th hearing by a vote of 4 to 3. Mr. Ahrenholz stated that if Council approved the application, staff would recommend six (6) conditions of which he discussed and explained. Jackie O’Meara, 124 Lakeshore Drive, PH31 gave a presentation on behalf of residents and owners of Quay South who did not support the proposed Old Port Cove South Marina PUD Amendment. In her presentation Ms. O’Meara discussed the issues and potential impacts the PUD Amendment would have to the residents of Quay South and explained how outside dining would be incompatible with their neighborhood. These residents also addressed the Council with their concerns regarding the proposed Old Port Cove South Marina PUD Amendment: Donald Solodar, 100 Lakeshore Drive Patricia Freidman, 1208 Marine Way, G6 Mr. Hearing of Cotleur & Hearing responded to the comments that were made by residents who did not support the Old Port Cove PUD Amendment. Mr. Hearing stated that he was surprised at the negative response to what equated to five (5) additional tables being added to the restaurant. Mr. Hearing stated that Safe Harbor was an asset to the Village which brings world class boaters and mega yachts from all over the world. The facility was important for serving the Old Port Cove residents and those that come into the harbor. Mr. Hearing stated that square footage was not being increased and boat slips were not being added. The proposal would promote outdoor activities and dining. Mr. Hearing encouraged Council to support the request and pass it on first reading. Mayor Aubrey stated that Old Port Cove was a private, gated residential community mainly occupied by seniors and it was highly unusual to have a commercial activity within a private community. The marina in Old Port Cove was established over forty (40) years ago and was done mainly to provide boat access for the residents and has changed over time to having substantial commercial activity. President Pro Tem Mullinix stated that the proposal was not a good fit for Old Port Cove as a residential community, the Planning Commission recommended denial and the Property Owners Association was also against it, and therefore he did not support the amendment. Vice Mayor Searcy stated that she agreed with President Pro Tem Mullinix stating that Old Port Cove was a residential community and the Planning Commission and residents were opposed to it and therefore did not support the amendment. Vice Mayor Searcy stated that she was willing to table the ordinance instead of denying in order to give the applicant time to come back with a revised proposal. Draft Minutes of the Village Council Regular Session held October 28, 2021 Page 4 of 10 ORDINANCE 2021-11 OLD PORT COVE SOUTH MARINA PUD AMENDMENT continued A motion was made by Councilmember Bickel and seconded by President Pro Tem Mullinix to deny the adoption and first reading of Ordinance 2021-11 Old Port Cove South Marina PUD Amendment which passed unanimously. The meeting recessed at 8:05 p.m. The meeting reconvened at 8:10 p.m. Mayor Aubrey apologized for missing Mr. Ryder’s and Ms. Zellner’s public comment cards under statements from the public and stated that Mr. Ryder and Ms. Zellner could come up and make their comments. Chris Ryder, 118 Dory Road, South expressed his concerns about residents disregarding the approved Master Plan and the time and consulting fees that are spent in order to develop and adopt it. Mr. Ryder expressed his concerns with the Village accepting a modified Master Plan showing only the storage area of Anchorage Park that disregards over an acre of waterfront park uplands and over 825 linear feet of platted water frontage and fails to address how the changes would affect the park. Kendra Zellner, 604 Laurel Court, stated that she witnessed a situation in her neighborhood regarding a Village police officer that concerned her and recommended incorporating a certification process of encouraging empathy, compassion and patience in the Village’s police officers and on how they police the community. ORDINANCE 2021-12 PROSPERITY VILLAGE PUD A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt on first reading Ordinance 2021-12 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, CREATING A RESIDENTIAL PLANNED UNIT DEVELOPMENT TO BE KNOWN AS “PROSPERITY VILLAGE” ON APPROXIMATELY 2.33 ACRES OF REAL PROPERTY LOCATED ON THE WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ALLAMANDA DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, WAIVERS AND CONDITIONS REFERENCED IN THIS ORDINANCE; PROVIDING PROCEDURES FOR FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Hearing of Cotleur & Hearing began a presentation regarding the proposed Prosperity Village PUD. Mr. Hearing reviewed and explained the location of the proposed project and its history. Mr. Hearing reviewed and explained past approved plans and the current plan for the site and its signage. Mr. Hearing discussed and reviewed comments of possible issues that were brought forward by the City of Palm Beach Gardens and how they have been addressed. Mr. Hearing reviewed design guidelines, tree preservation stating that eight (8) oak trees would be preserved and three (3) oak trees would be relocated. There would also be an addition of sixteen (16) oak trees, twenty (20) Japanese blueberry trees, two (2) palm trees and sixteen (16) small palm species. Mr. Hearing discussed and reviewed the four (4) waivers that were needed for the proposed project. Draft Minutes of the Village Council Regular Session held October 28, 2021 Page 5 of 10 ORDINANCE 2021-12 PROSPERITY VILLAGE PUD continued Community Development Director Jeremy Hubsch continued the presentation and stated that the applicant was proposing eleven (11) single family homes. The property has a low density residential land use designation with R-1 zoning. The maximum allowed would be thirteen (13) units and the proposal was for two units less than the maximum. Mr. Hubsch discussed and explained the waivers requested and the standards of review for Planned Unit Developments. Mr. Hubsch stated that the Planning Commission recommended approval of the application at the August 3rd hearing by a vote of 7 to 0. Mr. Hubsch stated that there were twenty-one (21) conditions of approval that staff was recommending if Council approved the proposed project. These residents addressed the Council with their concerns regarding the proposed Prosperity Village PUD: Deborah Cross, 2560 Pepperwood Circle South Pam Wilson, 2536 Pepperwood Circle North Mary Phillips, 525 Ebbtide Drive Mr. Hearing responded to public comment and to questions from Council. Council discussion ensued regarding the proposed Prosperity Village PUD. Mayor Aubrey, President Pro Tem Norris and Councilmember Norris expressed support for the proposed Prosperity Village PUD. Vice Mayor Searcy and Councilmember Bickel expressed that they did not support the proposed Prosperity Village PUD. Thereafter, the motion to adopt on first reading of Ordinance 2021-12 passed 3 to 2 with Mayor Aubrey, President Pro Tem Mullinix and Councilmember Norris voting aye and Vice Mayor Searcy and Councilmember Bickel voting nay. ORDINANCE 2021-19 CODE AMENDMENT – CIVIL CITATIONS A motion was made by President Pro Tem Mullinix and seconded by Vice Mayor Searcy to adopt on first reading of Ordinance 2021-19 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION,” OF THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE VII, “ALTERNATE METHOD OF CODE ENFORCEMENT,” TO MODIFY THE PROCEDURES APPLICABLE TO THE ISSUANCE OF CIVIL CODE ENFORCEMENT CITATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Hubsch explained the purpose of the proposed ordinance. Mr. Hubsch explained that the revised ordinance would authorize the park ranger to issue code citations in Village parks, substitute the Code Enforcement Special Magistrate for the Code Enforcement Board and clarify that person who fails to request a hearing, fails to pay the fine within the time specified o unsuccessfully challenges the citation is subject to the maximum civil penalty of up to $500 plus administrative costs. Draft Minutes of the Village Council Regular Session held October 28, 2021 Page 6 of 10 ORDINANCE 2021-19 CODE AMENDMENT – CIVIL CITATIONS continued Mr. Hubsch stated that upon second reading of the ordinance. Staff would be bringing forward a resolution to update the list of code sections that may be enforced by citation and to modify the fine schedule for various violations of the Village Code. Mr. Hubsch reviewed a list of proposed code sections that staff would be able to issue citations for. Thereafter, the motion to adopt on first reading Ordinance 2021-19 passed unanimously. ORDINANCE 2021-20 CODE AMENDMENT – FIRES AND GRILLS IN PARKS A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt on first reading Ordinance 2021-20 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN GENERAL,” OF CHAPTER 20, “PARKS, PLAYGROUNDS AND RECREATION,” OF THE VILLAGE CODE OF ORDINANCES TO ADOPT A NEW SECTION 20-10, “PROHIBITED FIRES AND GRILLS;” PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Lukasik explained the purpose of the ordinance. Mr. Lukasik stated there have been a number of recent incidents involving people using charcoal or gas grills in Village parks and staff has received multiple complaints from residents stating that hot coals had been dumped on grass or on the beach at Lakeside Park and reports of people grilling under the pavilion at Anchorage Park. The grills pose a potential safety hazard due their ability to burn or blemish Village property. The ordinance would prohibit any person other than members of Village staff or licensed contractors acting under the authority of the Village to build, light or cause to be lighted any fire within the limits of any Village park and recreational area including the North Palm Beach Country Club. The exception to the prohibition is if the Village provides a grill or fire pit as an amenity in a park. Thereafter, the motion to adopt on first reading Ordinance 2021-20 passed unanimously. PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-10 ZONING IN PROGRESS A motion was made by Councilmember Bickel and seconded by Vice Mayor Searcy to adopt and enact on second reading Ordinance 2021-10 entitled: AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ESTABLISHING A ZONING IN PROGRESS FOR THE CONSTRUCTION OF SINGLE-FAMILY HOMES IN THE R-1 SINGLE-FAMILY DWELLING ZONING DISTRICT; PROVIDING FOR EXPIRATION AND EXTENSION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Hubsch began a presentation by giving a brief history and timeline regarding the proposed ordinance. The Ad Hoc Committee met to review staff’s proposed Zoning in Progress Code Standards on September 20, 2021. The Ad Hoc Committee voted 6 to 1 to recommend approval of staff’s recommendations regarding the minimum landscaped area and restrictions on 2nd story floor area. The three recommendations were a required minimum landscaped area of thirty-five percent (35%) for one-story homes and forty percent (40%) for two-story homes. Draft Minutes of the Village Council Regular Session held October 28, 2021 Page 7 of 10 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-10 ZONING IN PROGRESS continued Required landscape area in the twenty-five (25’) foot front yard set-back was fifty percent (50%) for all properties except properties with frontage along collector roads or properties that have an irregular lot shape. If homeowners have a difficult time meeting the fifty percent (50%) front yard requirement, they can set the home back further. All single-family homes shall be limited to two stories and thirty (30’) feet in height for flat roofs and thirty-five (35’) feet for all other types of roofs, including gable, hip, gambrel and shed roofs. Lastly the floor area of the second story of a single-family home shall be limited to seventy-five percent (75%)of the floor area of the first story. Mr. Hubsch discussed and explained the lot sizes and total allowable square footages under th e proposed Zoning in Progress. Mr. Hubsch explained how between 2015 and 2019, one (1) out of sixteen (16) two-story homes and one (1) out of eleven (11) one-story homes exceeded the maximum allowable square footage allowed by the Zoning in Progress. Mr. Hubsch stated that a review of permits between 2015 and 2020 revealed that out of twenty-three (23) two-story homes, eleven (11) met the seventy-five percent (75%) 2nd story proposal, four (4) fell within the five percent (5%) minor deviation and eight (8) did not meet the seventy-five percent (75%) 2nd story proposal. Mr. Hubsch explained that the proposed Zoning in Progress would allow projects that were close to meeting its standards and intent would have a path for approval which would be a waiver process whereby the applications would go before the Planning Commission for approval if they did not exceed the maximum building height by more than five (5) feet, reduce any required minimum landscaped area requirement by more than five percent (5%) and increase the limitation on the floor area of the second story by more than five percent (5%). Mayor Aubrey opened the public hearing. These residents addressed the Council with their concerns regarding the proposed Zoning in Progress: John Eubanks, 605 N. Olive Avenue, West Palm Beach John Rossman, 717 Waterway Drive Richard O’Keefe, 607 Pilot Road John Rhodes, 720 Jacana Way These residents addressed the Council regarding their approval and favor of the proposed Zoning in Progress: Mary Phillips, 525 Ebbtide Drive Deborah Cross, 2560 Pepperwood Circle South Lisa Interlandi, 150 Anchorage Drive South Lisa Gallagher, 704 Teal Way Rita Budnyk and Marty Domenech, 804 Shore Drive, comments were read into the record by Lisa Gallagher. Scott Bigby, 717 Teal Way Tom Moore, 618 Pilot Road There being no further comments from the public, Mayor Aubrey closed the public hearing. Mr. Aubrey discussed and explained the reasoning for the proposed Zoning in Progress. Draft Minutes of the Village Council Regular Session held October 28, 2021 Page 8 of 10 PUBLIC HEARING AND SECOND READING OF ORDINANCE 2021-10 ZONING IN PROGRESS continued President Pro Tem Mullinix discussed and explained the issues he had and why he was opposed to the current proposed Zoning in Progress. President Pro Tem Mullinix recommended further review by the Residential Code Ad Hoc Committee. Councilmember Norris discussed and explained the issues he had with and why he was opposed to the current proposed Zoning in Progress and also recommended that it receive further review. Vice Mayor Searcy discussed and explained why she was in support of the proposed Zoning in Progress. Councilmember Bickel discussed and explained why she was in support of the proposed Zoning in Progress. Thereafter the motion to adopt and enact Ordinance 2021-10 on second reading passed 3 to 2 with Mayor Aubrey, Vice Mayor Searcy and Councilmember Bickel voting aye and President Pro Tem Mullinix and Councilmember Norris voting nay. CONSENT AGENDA APPROVED President Pro Tem Mullinix moved to approve the Consent Agenda. Councilmember Norris seconded the motion, which passed unanimously. The following items were approved: Motion to grant a merit increase of 4.2% to the Village Clerk based upon the averaged score of the performance evaluations and directing Village to process same. Resolution amending Resolution 2019-51 to recognize a name change for the Village’s provider of Athletic Field Turf Maintenance Services and modify the account number for the expenditure of funds. Receive for file Minutes of the Environmental Committee meeting held 9/13/21. Receive for file Minutes of the Recreation Advisory Board meeting held 9/14/21. Receive for file Minutes of the Business Advisory Board meeting held 9/21/21. Receive for file Minutes of the Recreation Advisory Board meeting held 10/12/21. Receive for file Minutes of the Audit Committee meeting held 10/13/21. RESOLUTION 2021-90 – REFUSE HAULERS PURCHASE A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2021-90 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA APPROVING THE PURCHASE OF THREE 2021 GO-4 REFUSE HAULERS FROM JEFFREY ALLEN, INC. PURSUANT TO PRICING ESTABLISHED IN AN EXISTING SOURCEWELL COOPERATIVE PURCHASING AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Solid Waste Manager Marc Holloway explained and discussed the necessity to purchase three (3) GO-4 Refuse Haulers units from Jeffrey Allen, Inc. Draft Minutes of the Village Council Regular Session held October 28, 2021 Page 9 of 10 RESOLUTION 2021-90 – REFUSE HAULERS PURCHASE continued Mr. Holloway explained that the additional haulers would give the Village a total of ten (10) units and would allow staff to discontinue the use of the Kubotas for residential service. The units were expected to arrive by January 2022. Thereafter, the motion to adopt Resolution 2021-90 passed with all present voting aye. RESOLUTION 2021-91 – VILLAGE GENERAL ELECTION A motion was made by President Pro Tem Mullinix and seconded by Councilmember Bickel to adopt Resolution 2021-91 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ANNOUNCING THE DATE OF THE VILLAGE GENERAL ELECTION AND RUN OFF ELECTION, IF NECESSARY; DESIGNATING VOTING LOCATIONS; REQUESTING THAT THE SUPERVISOR OF ELECTIONS CONDUCT THE ELECTION; AUTHORIZING THE SUPERVISOR OF ELECTIONS TO CERTIFY THE ACCURACY OF THE TABULATION EQUIPMENT AND HANDLE, CERTIFY AND CANVASS ALL BALLOTS, INCLUDING ABSENTEE BALLOTS; DESIGNATING THE CANVASSING BOARD; AND PROVIDING FOR AN EFFECTIVE DATE. Village Clerk Jessica Green explained the purpose of the resolution. A resolution to announce the election is passed each year. The difference with the current resolution is that it would delegate all canvassing duties to the Palm Beach County Supervisor of Elections. Thereafter, the motion to adopt Resolution 2021-91 passed with all present voting aye. RESOLUTION 2021-92 – ELECTION SERVICES AGREEMENT A motion was made by Councilmember Norris and seconded by President Pro Tem Mullinix to adopt Resolution 2021-92 entitled: A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN AGREEMENT FOR VOTE PROCESSING EQUIPMENT USE AND ELECTIONS SERVICES WITH THE PALM BEACH COUNTY SUPERVISOR OF ELECTIONS AND AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Green explained the purpose of the resolution stating that the only difference in the Election Services Agreement was choosing the option to utilize a single County Canvassing Board versus a separate Municipal Canvassing Board. Mrs. Green stated that estimated municipal election costs had not yet been provided and that $47,500 was budgeted for the March 8, 2022 election. Thereafter, the motion to adopt Resolution 2021-92 passed with all present voting aye. MAYOR AND COUNCIL MATTERS/REPORTS Councilmember Bickel invited Council, Village staff and residents to the November 8th Youth Orchestra concert in the Farmer’s Table Banquet Room at 6 p.m. Draft Minutes of the Village Council Regular Session held October 28, 2021 Page 10 of 10 MAYOR AND COUNCIL MATTERS/REPORTS continued Vice Mayor Searcy announced the Haunted House at the Library on October 30 th and 31st. Vice Mayor Searcy stated that the Read for the Record Event took place earlier that day and that she read to a total of 428 children and all of her college students. Vice Mayor Searcy commended the Fire Rescue Department for their award ceremony and thanked them for all of their hard work. VILLAGE MANAGER MATTERS/REPORTS Head Golf Professional Alan Bowman discussed and explained that the Golf Advisory Board came up with a recommendation for golf tee times. Mr. Bowman presented examples of past tee time sheets and an example of a new proposed tee time sheet. Mr. Bowman stated that the new proposed tee time sheet opened access to many more members and the public. Discussion ensued between Council and Mr. Bowman regarding the new proposed tee time sheet. Director of Leisure Services Zak Sherman began a presentation regarding proposed permit parking for Lakeside Park. Mr. Sherman reviewed and discussed the goals which were to make more parking space available for residents and their guests, address the heavy use by non-residents on weekends and holidays which kept many residents from parking. Mr. Sherman stated that staff believed the solution would be to provide residents with free parking permits and for non-residents to pay a fee. Mr. Sherman discussed and explained the details of how the permits could be obtained, what would be allowed for residents versus non-residents and the rules and details associated with the permits. Mr. Sherman discussed outreach, tracking permits and requested policy guidance. Chris Ryder, 118 Dory Road, South, expressed that he was in support of parking restrictions at Lakeside Park. Mr. Ryder discussed his concerns with possible issues that may arise from restricting access. Vice Mayor Searcy recommended having a broader discussion on what they are atte mpting to accomplish with Lakeside Park. President Pro Tem Mullinix stated that his goal was to make sure that residents would be able to find parking at Lakeside Park and to eliminate cars parking on resident’s front yards. The goal was to remove as many non-residents from the parking lot so that residents may be able to park. Discussion ensued between Councilmembers regarding the goal they want to accomplish with Lakeside Park. It was agreed by Council that Lakeside Park parking needed to be discussed further at a future meeting. ADJOURNMENT There being no further business to come before the Council, the meeting was adjourned at 11:00 p.m. VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, Community Development Director DATE: November 18, 2021 SUBJECT: Ordinance 2021-12 2nd Reading and Adoption – Prosperity Village PUD The applicant, Prosperity Village Development, LLC, is seeking approval for an 11-unit gated single family development on 2.33 acres. The property currently carries a Low-Density Residential future land use designation and is zoned R-1 Single-Family. The maximum density for the Low-Density land use category is 5.9 units per acre. The density allows for a maximum of 13 residential units. Numerous attempts have been made to develop the property in recent years. In 2007, the property was approved for a 14-unit single-family development by the Planning Commission; however, the project was never constructed. In 2009, an applicant sought to construct an approximately 25,000 square foot office building. This proposal included additional parking on an adjacent parcel to the north that is owned by the City of Palm Beach Gardens, but located within the Village. Ultimately, this proposal never proceeded to Village Council for final approval. In 2015, a proposal for a 34,443 square foot assisted living facility with 56 rooms and 68 beds was denied. Finally, in 2019, an application for 12 single-family homes and 8 townhomes was recommended for approval by the Planning Commission and then was withdrawn prior to review by the Village Council. This request received significant opposition from residents due to the need to amend the Future Land Use designation to increase the maximum density of the property. The applicant is requesting subdivision and preliminary plat review to develop the property into 11 single-family lots. A planned unit development (PUD) has been requested to waive the lot size, lot width, building setback, and fence height Code restrictions for the R-1 Zoning District. The intent of residential planned unit developments is to provide “an added degree of flexibility in the placement and interrelationship of the buildings and uses within the planned unit development”. The applicant has designed the site plan to only have two lots adjacent to the homes on Pepperwood Circle and has created two small public green spaces within the development. The applicant has created a “Design & Diversity Criteria” Guide, which will regulate the development of each individual parcel. The allowable architectural styles shall be Coastal Modern, Florida Contemporary, and Modern, with either concrete tile or metal roofing. The homes are limited to 2 stories or 30 feet in height and are subject to an impervious surface limitation of 70%. However, the impervious surface calculation does not include open space and buffers provided in common areas of the development. There is a minimum landscaping standard for each lot, including 1 oak tree, 1 accent tree, 2 single-trunk palm, 1 double-trunk palm, and 1 triple-trunk palm, as well as shrubs, hedges, and ground cover. Further details about the development can be found in the Planning Commission staff report (Attachment A). Village Master Plan As one of the few remaining vacant parcels within North Palm Beach, the property was included in the Village Master Plan in 2016. The Village Master Plan envisioned the site being used for residential use, with the following qualities: 1. Development clustered to preserve most major trees; 2. Houses that face the street with vehicular access in the rear; 3. The concept plan has a block structure that provides more than one way in and out of the project to allow traffic to disperse. 4. Consideration of a small coffee shop or corner store, which could provide an amenity to this portion of Prosperity Farms Road. The concept plan shown in the Village Master Plan was for a project with 15 houses at 2,700 SF at a density of 5.9 units per acre, or 14 homes with a corner coffee shop and outdoor seating (The concept plan can be found in Attachment B). The coffee shop was considered for a parcel of land that is owned by the City of Palm Beach Gardens, located adjacent to the applicant’s land. Inability to acquire the adjacent parcel has made it difficult to design a project that meets some of the desired qualities noted in the Master Plan. Planning Commission Hearing The Planning Commission initially considered the application on July 13th. At that meeting, the City of Palm Beach Gardens spoke in opposition to the project. The Planning Commission elected to continue the item due to outstanding questions related to the concerns raised by the City. The application went back before the Planning Commission on August 3rd. At the meeting, the City of Palm Beach Gardens and a resident spoke in opposition to the project. The Planning Commission questioned the applicant regarding the concerns raised by the City of Palm Beach Gardens and the resident, and the Commission members were ultimately satisfied with the applicant’s answers. The Planning Commission voted to support the project with a unanimous recommendation of 7-0. The concerns raised by the City of Palm Beach Gardens can be found in Attachment C. Post Planning Commission Updates The property is adjacent to a gopher tortoise preserve owned by the City of Palm Beach Gardens. The applicant started removing gopher tortoises from the property in July, in anticipation of future development approvals. The gopher tortoise removals were permitted by the Florida Fish and Wildlife Conservation Commission (FWC) and completed in July. The FWC permit recommended the installation of a protective fence to prevent additional gopher tortoises from entering the site. The applicant requested a permit from the Village to clear undergrowth in order to put the protective fence up. The Village explicitly noted that no oak trees shall be removed from the site until final development approval. On August 6, the Village received complaints about tree clearing on the property. A site visit determined that some oaks trees had been removed and the Building Official immediately issued a stop work order. An inspection determined that three oak trees had been removed during the clearing. These three oaks were noted to be in poor health in an arborist’s report and were proposed to be removed prior to construction of the proposed development. However, they were removed prior to approval of the project. This was determined to be a violation of the Village’s subdivision code. The Village took the violation to the Special Magistrate on October 4th and sought the maximum possible penalty of $5,000 per oak tree removed. The applicant came to the Magistrate meeting and noted that the tree removal was a mistake by the tree removal contractor and apologized. The applicant was found in violation and immediately paid the maximum fine of $15,000. Additionally, in light of the early tree removal and negative response from the community, the applicant amended the site and landscape plans. The initial plan that was recommended for approval by the Planning Commission had 12 single-family lots. The applicant removed a lot, increased the minimum lot size and width, and added a 3,000 square foot open space park that will be open to the public. The park will have three oak trees and a public bench. Each lot will now have an oak tree as well. The project previously proposed to preserve, relocate, and install 13 oak trees. The project is now proposed to preserve, relocate, and install 27 oak trees. The open space will be used to satisfy the code requirement that five percent of the gross land area of a subdivision be dedicated to public use. First Reading Summary The proposed project went before Village Council on October 28th for first reading. The proposed ordinance passed on first reading by a vote of 3-2, with Vice-Mayor Searcy and Councilmember Bickel voting no. Waiver Requests The applicant has requested four (4) waivers to the code as part of the PUD. The waivers include: reduced lot sizes, reduced building setbacks, reduced lot widths and a height waiver for the fence in the ROW landscape buffer adjacent to Prosperity Farms Road. Waivers are being requested to accommodate infrastructure and to meet the Comprehensive Plan density allowances. The Village Council must weigh the public benefits provided as part of this application against the waiver of these Code provisions. Benefits provided by the applicant includes a lot layout intended to minimize adverse impacts on adjacent Pepperwood Circle residents. Recommendation: By a vote of 7-0, the Planning Commission recommends approval of the proposed Planned Unit Development, preliminary plat, and site plan with the following conditions: 1. Electric entry gate shall match the gate shown in the renderings provided. 2. Drainage easement shall be recorded with the final plat in the swale area shown along the western and northern property lines. This easement shall be maintained by the homeowner’s association and limit the installation of permanent structures and impervious surfaces in this space. 3. Park shown on the south side of property shall be recorded as a publicly accessible easement, maintained by the HOA and recorded in the declaration of covenants and final plat. Owner shall not encroach into the easement with physical structures, other than park related amenities that are approved by Seacoast and the Community Development Director. 4. The 3,000 square foot “open space park” shall be open to the public from sunrise to sunset. The park shall be recorded as an easement, maintained by the HOA and recorded in the declaration of covenants and final plat. 5. The HOA shall be responsible for the maintenance of concrete pavers installed within the Prosperity Farms Road right-of-way adjacent to the property, and the HOA’s maintenance responsibility shall be referenced in the HOA documents. 6. Irrigation plans shall be provided before approval of the infrastructure permit. 7. Applicant shall receive driveway access approval from Palm Beach County Traffic Division prior to building permit issuance. The Applicant shall preserve the existing median on Prosperity Farms Road during the County permitting process. 8. Prior to issuance of site development permit, ensure that the storm water management report identifies whether the site will be bermed to contain the 25-year storm, or if the stormwater attenuation will be based on a predevelopment versus post development analysis for the SFWMD 25-year storm discharge criteria. 9. Prior to approval of final civil plans, a five (5) percent slope shall be provided from the front building foundation to the crown of road as an approved method of diverting water away from the foundation. 10. Prior to issuance of permits for vertical construction, final plat shall be approved by Village Council per the process outlined in Section 36-14 of the Village Code of Ordinances. 11. All infrastructure, including but not limited to fire hydrants, street lights, storm dra ins, etc. proposed on the approved site plan shall be maintained by the homeowner’s association. 12. Prior to issuance of first permit of vertical construction, a copy of the Declaration of Covenants and Restrictions shall be submitted to the Community Development Department and Village Attorney for approval and review of compliance with the conditions of approval. 13. Prior to the issuance of the first infrastructure permit, Applicant shall provide the Village with a performance bond, letter of credit, escrow agreement or other acceptable surety agreement in a form and in an amount approved by the Village Attorney to assure completion of on-site roadways, drainage and utility improvements. As improvements are completed and accepted by the Village, the amount of the performance bond, letter of credit, escrow agreement or other acceptable surety may be reduced by a proportionate amount as determined by the Village Manager in consultation with the Village Engineer. 14. If any significant archeological resources are found on site during development and construction, the Applicant shall notify Village staff and following the procedures outlined in Section 21-104 of the Village Code of Ordinances. 15. The Applicant shall relocate and preserve existing native trees shown on the approved tree disposition plan. If the oak trees do not survive relocation or preservation, they shall be replaced with ranch grown oaks that are the largest caliper that is reasonably available from local nurseries. 16. Any and all Gopher Tortoises located on site shall be relocated offsite in accordance with Florida Fish and Wildlife (FWC) requirements and procedures. 17. Vertical building construction permits shall not be approved until the Building Official determines the underground water mains and fire hydrants are installed, completed, and in service at a satisfactory level. 18. All residential units shall be constructed in conformance with the approved Design and Diversity Criteria. 19. Green vinyl chain-link fence shown on west and north property lines shall be set 2 ft in ground to prevent gopher tortoises from adjacent properties entering the site. 20. Centralized mailbox facility shall be provided at the request of the US Postal Service. Applicant shall provide location on site plan prior to issuance of vertical construction permits. 21. The Applicant shall be bound by all oral and written representations made both on the record and as part of the application process irrespective of whether such representations are included as formal conditions. 22. The conditions of approval shall be binding on the Applicant and its successors in interest and assigns and a violation of such conditions shall constitute a violation of the Village Code of Ordinances and may be enforced by the Village as set forth in Article VI, Chapter 2 of the Village Code or as otherwise authorized by law. Attachments: A. Planning Commission Staff Report B. Village Master Plan Exhibit C. Palm Beach Gardens Letter of Opposition D. Applicant’s Submittal Materials Page 1 of 5 ORDINANCE NO. 2021- 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, CREATING A RESIDENTIAL PLANNED 4 UNIT DEVELOPMENT TO BE KNOWN AS “PROSPERITY VILLAGE” ON 5 APPROXIMATELY 2.33 ACRES OF REAL PROPERTY LOCATED ON THE 6 WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ALLAMANDA 7 DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING 8 FOR THE DEVELOPMENT OF THE PROPERTY IN ACCORDANCE WITH 9 THE PLANS, SPECIFICATIONS, WAIVERS AND CONDITIONS 10 REFERENCED IN THIS ORDINANCE; PROVIDING PROCEDURES FOR 11 FUTURE MODIFICATIONS; PROVIDING FOR CONFLICTS; PROVIDING 12 FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, Prosperity Village Development, LLC (“Applicant”), property owner, filed an 15 application for the creation of a Residential Planned Unit Development pursuant to Section 45-16 35.1 of the Village Code of Ordinances for an approximately 2.33-acre parcel of vacant real 17 property located on the west side of Prosperity Farms Road south of Allamanda Drive, as more 18 particularly described in Exhibit “A” attached hereto and incorporated herein (“Property”); and 19 20 WHEREAS, the Property is within the R-1 (Single-Family Dwelling) Zoning District and has a 21 future land use classification of Low Density Residential; and 22 23 WHEREAS, the Applicant wishes to construct eleven (11) single-family dwellings on the 24 Property; and 25 26 WHEREAS, having considered the recommendation of the Planning Commission, the Village 27 Council determines that the Planned Unit Development application is consistent with the Village’s 28 Comprehensive Plan and meets each of the applicable requirements set forth in Section 45-35.1 of 29 the Village Code of Ordinances; and 30 31 WHEREAS, the Village Council wishes to approve the creation of the Planned Unit Development 32 in accordance with the plans and specifications submitted by the Applicant, subject to the approved 33 modifications or “waivers” to the Village’s land development regulations and the conditions of 34 approval imposed by the Village Council. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 37 OF NORTH PALM BEACH, FLORIDA as follows: 38 39 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 40 41 Section 2. The Village Council hereby creates a Residential Planned Unit Development to be 42 known as “Prosperity Village” on approximately 2.33 acres of vacant real property legally 43 described in Exhibit “A” attached hereto and incorporated herein by this reference. 44 45 Section 3. The Applicant shall develop the Prosperity Village PUD in accordance with the 46 following plans and specifications on file with the Village’s Community Development 47 Department: 48 Page 2 of 5 A. Plans prepared by Cotleur & Hearing consisting of eight (8) sheets: 1 2 1 Cover Page dated April 7, 2021 and last revised on October 14, 2021 3 2 Site Plan dated April 7, 2021 and last revised on October 14, 2021 4 3 Queuing Plan dated April 7, 2021 and last revised on October 14, 2021 5 4 Site Details dated April 7, 2021 and last revised on October 14, 2021 6 5 Typical Site Layout dated April 7, 2021 and last revised on September 9, 2021 7 6 Landscape Plan dated April 7, 2021 and last revised on October 14, 2021 8 7 Landscape Details dated April 7, 2021 and last revised on October 14, 2021 9 8 Tree Disposition Plan dated April 7, 2021 and last revised on October 14, 2021 10 11 B. Design and Diversity Criteria for Prosperity Village dated October 10, 2021 consisting of 12 nine (9) pages 13 14 C. Preliminary Plat prepared by Lidberg Land Surveying, Inc. dated June 24, 2021 and 15 consisting of two (2) sheets. 16 17 Section 4. In approving the Prosperity Village PUD, the Village Council hereby grants the 18 following minor modifications or “waivers” from the requirements of the Village’s land 19 development regulations (as depicted in the approved plans referenced in Section 3 above): 20 21 A. Waiver from Section 45-27(D) of the Village Code to: reduce the required front setback 22 from twenty-five feet (25’) to twenty feet (20’); reduce the required rear setback from 23 twenty feet (20’) to ten feet (10’); reduce the side setback from ten feet (10’) to five feet 24 (5’); and reduce the side street setback from twenty feet (20’) to ten feet (10’). 25 26 B. A waiver from Section 45-27(C) of the Village Code to reduce the minimum lot width from 27 seventy-five feet (75’) to fifty-five feet (55’). 28 29 C. A waiver from Section 45-27(C) of the Village Code to reduce the minimum lot area from 30 seven thousand five hundred (7,500) square feet to five thousand six hundred and eight -31 one square feet (5,681) square feet. 32 33 D. A waiver from Section 45-36(D) of the Village Code to increase the height of a fence 34 within the front setback from four feet (4’) to six feet (6’) within the right-of-way landscape 35 buffer along Prosperity Farms Road. 36 37 Section 5. To the extent not modified in Section 4 above, Applicant shall develop, operate and 38 maintain the Property in accordance with all Village Code requirements. The Property shall not 39 be subject to the Zoning in Progress set forth in Ordinance No. 2021-10. Additionally, the 40 Applicant shall obtain all required permits and approvals from all regulatory agencies with 41 jurisdiction over the Property and shall comply with the conditions attached to such permits and 42 approvals. 43 44 Section 6. The Village Council’s approval of the Prosperity Village PUD is subject to the 45 following additional conditions: 46 47 A. The electric entry gate shall match the gate shown in the renderings provided. 48 49 Page 3 of 5 B. A drainage easement shall be recorded with or dedicated on the final plat in the swale area 1 shown along the western and northern property lines. This easement shall be maintained 2 by the homeowner’s association (“HOA”) and shall specifically limit the installation of 3 permanent structures and impervious surfaces in this area. The HOA’s maintenance 4 responsibility shall be referenced in the HOA’s Declaration of Restrictive Covenants 5 (“HOA Declaration”). 6 7 C. The “park” shown on the south side of property shall be a publicly accessible easement 8 recorded with or dedicated on the final plat and shall be maintained by the HOA. The 9 HOA’s maintenance responsibility shall be referenced in the HOA Declaration. The owner 10 of the adjacent lot (Lot 7) shall not encroach into the easement with physical structures nor 11 remove any of the vegetation. If any trees or shrubs are removed during construction, they 12 shall be replaced. 13 14 D. The 3,000 square foot “open space park” shown in the northeast corner of the Property 15 shall be open to the public from sunrise to sunset. The open space park shall be an easement 16 recorded with or dedicated on the final plat and shall be maintained by the HOA. The 17 HOA’s maintenance responsibility shall also be referenced in the HOA Declaration. 18 19 E. The HOA shall be responsible for the maintenance of concrete pavers installed within the 20 Prosperity Farms Road right-of-way adjacent to the Property and the HOA’s maintenance 21 responsibility shall be referenced in the HOA Declaration. 22 23 F. Irrigation plans shall be provided before approval/issuance of the infrastructure permit. 24 25 G. Applicant shall receive driveway access approval from the Palm Beach County Traffic 26 Division prior to the issuance of the first building permit. The Applicant shall preserve the 27 existing median on Prosperity Farms Road during the County permitting process. 28 29 H. Prior to issuance of site development permit, the Applicant shall ensure that the storm water 30 management report identifies whether the site will be bermed to contain the 25-year storm, 31 or if the stormwater attenuation will be based on a pre-development versus post-32 development analysis for the SFWMD 25-year storm discharge criteria. 33 34 I. Prior to approval of final civil plans, a five (5) percent slope shall be provided from the 35 front building foundation of the dwelling units to the crown of the road as an approved 36 method of diverting water away from the foundation. 37 38 J. Prior to the issuance of the first building permit for vertical construction, the final plat shall 39 be approved by Village Council in accordance with Section 36-14 of the Village Code of 40 Ordinances. 41 42 K. All infrastructure, including but not limited to fire hydrants, street lights and storm drains, 43 depicted on the approved Site Plan shall be maintained by the HOA. The HOA’s 44 maintenance responsibility shall be referenced in the HOA Declaration. 45 46 L. Prior to issuance of first permit of vertical construction, a copy of the Declaration of 47 Restrictive Covenants (HOA Declaration) shall be submitted to the Community 48 Page 4 of 5 Development Director and Village Attorney for approval and review of compliance with 1 these conditions of approval. 2 3 M. Prior to the issuance of the first infrastructure permit, Applicant shall provide the Village 4 with a performance bond, letter of credit, escrow agreement or other acceptable surety 5 agreement in a form and in an amount approved by the Village Attorney to assure 6 completion of on-site roadways, drainage and utility improvements. As improvements are 7 completed and accepted by the Village, the amount of the performance bond, letter of 8 credit, escrow agreement or other acceptable surety may be reduced by a proportionate 9 amount as determined by the Village Manager in consultation with the Village Engineer. 10 11 N. If any significant archeological resources are found on site during development and 12 construction, the Applicant shall notify Village Staff and follow the procedures outlined in 13 Section 21-104 of the Village Code of Ordinances. 14 15 O. The Applicant shall relocate and preserve existing native trees shown on the approved tree 16 disposition plan. If the oak trees do not survive relocation or preservation, they shall be 17 replaced with ranch grown oaks that are the largest caliper that is reasonably available from 18 local nurseries. 19 20 P. Any and all Gopher Tortoises located on site shall be relocated offsite in accordance with 21 Florida Fish and Wildlife Conservation Commission (“FWC”) requirements and 22 procedures. 23 24 Q. Vertical building construction permits shall not be approved until the Building Official 25 determines that the underground water mains and fire hydrants are installed, completed, 26 and in service at a satisfactory level. 27 28 R. All residential units shall be constructed in conformance with the approved Design and 29 Diversity Criteria referenced in Section 3.B above. 30 31 S. The green vinyl chain-link fence shown on west and north property lines shall be set two 32 (2) feet into the ground to prevent gopher tortoises from entering the site from adjacent 33 properties. 34 35 T. A centralized mailbox facility shall be provided at the request of the U.S. Postal Service. 36 The Applicant shall provide the location on site plan prior to the issuance of vertical 37 construction permits. 38 39 U. The Applicant shall be bound by all oral and written representations made both on the 40 record and as part of the application process irrespective of whether such representations 41 are included in this Ordinance as formal conditions. 42 43 Section 7. A violation of any of the requirements or conditions of this Ordinance shall be 44 enforced in the same manner as a violation of a Village Code provision or a Village Ordinance. 45 The Village Council hereby grants the Code Enforcement Special Magistrate jurisdiction to 46 preside over any violations of this Ordinance in accordance with Article VI, Chapter 2 of the 47 Village Code. 48 49 Page 5 of 5 Section 8. The Village Council may approve minor modifications to the Planned Unit 1 Development by resolution without the necessity of review by the Planning Commission, 2 advertisement or public hearing. The following modifications shall not be considered minor: 3 4 A. Any increase in the number of residential dwelling units; 5 B. Any change in the method of physical access to the Property; 6 7 C. Any additional waiver of the Village’s land development regulations; or 8 9 D. Any modification to the conditions of approval. 10 11 Section 9. Each of the conditions and requirements of this Ordinance shall be binding upon 12 the Applicant and its successors in interest or assigns and shall be deemed covenants running with 13 the land. The HOA Declaration shall include a statement that the Property shall be developed in 14 accordance with the conditions and requirements of this Ordinance. 15 16 Section 10. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 17 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 18 such holding shall not affect the remainder of this Ordinance. 19 20 Section 11. All ordinances, resolutions or prior development permits or approvals relating to 21 the Property in conflict with the provisions of this Ordinance are hereby repealed to the extent of 22 such conflict. 23 24 Section 12. This Ordinance shall take effect immediately upon adoption. 25 26 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 27 28 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF 29 ___________, 2021. 30 31 32 (Village Seal) 33 MAYOR 34 35 ATTEST: 36 37 38 VILLAGE CLERK 39 40 APPROVED AS TO FORM AND 41 LEGAL SUFFICIENCY: 42 43 44 VILLAGE ATTORNEY 45 VILLAGE-NPB.ORG 501 US Highway 1 | North Palm Beach, FL 33408 | Phone: 561-841-3380 DATE: July 29, 2021 TO: Planning Commission VIA: Jeremy Hubsch, AICP, Community Development Director FROM: Alex Ahrenholz, AICP, Principal Planner RE: Prosperity Village Subdivision/ PUD August 3, 2021 Meeting P&Z# 2021-0688 I. APPLICATION Location: 10401 Prosperity Farms Rd. SW corner of Allamanda Dr and Prosperity Farms Rd PCN: 68434208000007140;68434208000007160; 68434208000007210; 68434208000005030 Request: An application submitted by Cotleur & Hearing on behalf of Prosperity Village Development LLC for a Subdivision, Planned Unit Development and Preliminary plat approval for 12 single family lots. II. HISTORY The property is approximately 2.34 total acres with a Low-Density Residential Future Land Use (FLU) designation and an R-1 Single Family Zoning designation. The property previously contained a single- family home that was demolished several years ago. Numerous attempts have been made to develop the property in recent years. The property was approved for a 14-unit single family development by the Planning Commission in 2007; however, the development was never constructed. In 2009, an Applicant sought to construct an approximately 25,000 square foot office building. This proposal included additional parking on an adjacent parcel to the north that is owned by the City of Palm Beach Gardens, but located within the Village. Ultimately, this proposal never proceeded to Village Council for final approval. In 2015, a proposal for a 34,443 square foot assisted living facility with 56 rooms and 68 beds was denied. Finally, in 2019, an application for 12 single-family homes and 8 townhomes was recommended for approval by the Planning Commission and then never made it to Village Council before the application was withdrawn. As one of the few remaining vacant parcels within North Palm Beach, the property was included in the Village Master Plan in 2016. The Village Master Plan envisioned the site being used for residential use, with the following qualities: 1. Development clustered to preserve most major trees; 2. Houses that face the street with vehicular access in the rear; 3. The concept plan has a block structure that provides more than one way in and out of the project to allow traffic to disperse. 4. Consideration of a small coffee shop or corner store, which could provide an amenity to this portion of Prosperity Farms Road. The concept plan shown in the Village Master Plan was for a project with 15 houses at 2,700 SF at a density of 5.9 units per acre, or 14 homes with a corner coffee shop and outdoor seating (The concept plan can be found in Attachment A). The coffee shop was considered for a parcel of land that is adjacent to the applicant’s land. III. REQUEST & PROPERTY INFORMATION The applicant is requesting to subdivide the four vacant parcels into a 12-unit single-family gated neighborhood. A landscape buffer will be provided along Prosperity Farms Rd and utilize the existing access point approximately 1/8 mile south of the Allamanda intersection. The applicant is subdividing the lots, developing the streets and infrastructure, then each lot will be sold off individually for custom home construction. The buildings will follow a proposed development design criteria for styling, finishes and massing. The site plan also reflects the setbacks and lot sizes for each parcel that require waivers to the current R-1 Zoning District. August 3rd Planning Commission Updates: This project was presented at the July 13th planning commission meeting and is being brought back with slight changes. The commissioners had various concerns that resulted in tabling the item until they could be addressed or resolved. The first issue dealt with the grading to the adjacent properties. The updated plans have lowered the grade of the houses and the swale ends consistent with the adjacent grades. To preserve the trees, small walls (6-18 inches) are proposed to prevent any fill from needing to go over the existing roots. The wall cross sections can be found on engineering sheets C-16 and C-17. Stacking on to Prosperity Farms Road was addressed and there is enough room for two cars as shown on engineering sheet C-20. The auto turn analysis previously provided was compliant with the Village of North Palm Beach standards and the Florida Fire Prevention Code. Palm Beach Gardens Fire Department raised concerns over the ability to make the turns, so the applicant provided slightly more room by reducing the landscape median at the entrance. During the discussions of the previous meeting, staff has proposed to add three (3) new conditions of approval. The first was added as condition 7 in regards to the height differential between the crown of road and the home site elevations as required by the Florida Building Code. The next was added as condition 18 to prevent gopher tortoises from coming under the fence to the subject site. The final new condition, number 19, was added after discussions with the US Postal Service to locate a central mailbox for the community. Two conditions of approval were amended as requested by the applicant and agreed to by staff. Condition 5 was amended to preserve the landscape median on Prosperity Farms Rd. that the County has proposed to remove. Condition 16 was amended for the timing of the site work during permitting at the applicant’s request. The only change to the attachments of this staff report was the addition of the comment responses in attachment B. The submittal document file includes unedited design criteria and rendering flipbook, but the site, landscape, and engineering plans have been updated to reflect the changes described in Attachment B. A summary of the changes the applicant has made to the plans, per the comments given at the July 13th meeting, can be found in Attachment B. Future Land Use (FLU) Designation Zoning Designation Low Density Residential R-1 Single Family Dwelling District The following table summarizes the uses, FLU designations, and zoning districts of the surrounding properties: Zoning Future Land Use Existing Use EAST R1 Single Family Low Density Residential Single Family Residential (across Prosperity Farms Rd) NORTH R1 Single Family Low Density Residential Vacant (owned by City of Palm Beach Gardens) SOUTH R1 Single Family Low Density Residential Single Family Residential WEST P/I Preserve Conservation Vacant (City of Palm Beach Gardens) IV. PUBLIC INPUT AND NOTICES Public Notices: The sign was posted on the property on June 20, 2021 for the proposed application. The legal ad was advertised in the Palm Beach Post on July 6, 2021 and courtesy notices were mailed to property owners within 500ft of the subject site on June 25, 2021 for the July 13, 2021 Planning Commission meeting A public meeting was conducted by the applicant with members of the adjacent neighborhoods on May 20th in the Obert room of the Village Library. The residents in attendance were generally supportive of the project, particularly compared to the most recent proposal, which had more units and required a Future Land Use Amendment to increase density. There were some comments related to the design that resulted in some changes to the site plan layout and ultimately led to the preservation of more oak trees along the property lines. Since the City of Palm Beach Gardens owns property within 500 feet of the site, they were notified of the proposed PUD. A letter was sent by Palm Beach Gardens staff with concerns of buffering the preserve area and creating more space for fire truck turn around (see Attachment C). V. ANALYSIS OF APPLICANT’S REQUEST A. Subdivision The property is currently comprised of four unplatted parcels. The applicant is proposing to subdivide them into twelve (12) lots ranging in size from 4,739 SF to 7,286 SF. The Low Density Residential land use designation permits up to 5.8 units per acre. With a total of 2.34 acres, there are a maximum of thirteen (13) homes allowed. The homeowner’s association will maintain the main entrance, road, and perimeters of the development. The preliminary plat has been submitted for review per Section 36-10, which requires Planning Commission recommendations to the Village Council for final approval. Subsection 5 specifies that “particular attention shall be given to the arrangement, location and width of streets, their relation to the topography of the land, water supply, sewage disposal, drainage, lot sizes and arrangement, the present or future development of adjoining lands, and the requirements of the comprehensive plan and zoning ordinance.” “Following the hearing on the preliminary plat, the planning commission shall recommend to the village council one (1) of the following actions: 1. Issue a certificate of preliminary plat approval. 2. Issue a certificate of conditional plat approval, subject to any necessary modifications which shall be noted on the preliminary plat or attached to it in writing. 3. Disapproval of the preliminary plat or any portion thereof, stating the reasons for disapproval in writing. The subdivider may reapply for preliminary plat approval in accordance with provisions of this section. B. Planned Unit Development (PUD) with Waivers The proposed development does not meet five (5) of the current regulations of the R1 zoning district, thus necessitating waivers, which are allowed through the PUD process per Section 45-51. Per Section 45-35.1, the intent of a PUD is to allow: “an added degree of flexibility in the placement and interrelationship of the buildings and uses within the planned unit development, together with the implementation of new design concepts.” The Planning Commission is required to study the impact of the waivers and make recommendations to the Village Council for final approval. Analysis of Waivers Requested: The applicant is requesting five waivers from code provisions in the table and further described in detail below: Code Section Required Proposed Waiver Request Comments/Analysis Section 24-27 C Lot Size 7,500 SF minimum lot area 4,739 SF 2,707 SF Staff: proposed smaller than typical lot sizes for the village to maximize the amount of homes allowed in low-density residential land use. Section 24-27 D Building Setbacks Front- 25’ Rear- 20’ Side-10’ Side Street-20’ Front- 20’ Rear- 10’ Side-5’ Side Street-8’ Front- 5’ Rear- 10’ Side-5’ Side Street-12’ Staff: smaller setbacks to account for the smaller lot sizes which will allow a typical new construction home to be accommodated. Section 24-27C- Lot Width 75’ Minimum lot width 50’ 25’ Staff: In conjunction with the smaller lot sizes overall. Section 25-2 & 45-36.B Pool setback 7.5’ 5’ 2.5’ Staff: This waiver would require the 2.5 ft walk around to be provided in the drainage easement Section 45-36D Fence height 4’ high within front setback 6’ high within setback from ROW 2’ Staff: This waiver would only apply to the fence within the ROW landscape buffer 1. Waiver for lot size reduction a. The applicant has 2.34 acres of land with an underlying future land use designation of 5.8 units per acre allowable. A maximum of thirteen (13) units are permitted on the property given the current lot sizes allowed in the code, but this does not take into account the streets, entrance and setback provided from the roadway. In order to provide these necessary functions and maintain the density, the applicant had to reduce the lot sizes. Lot 10 is proposed to be the smallest at 4,739 SF and the largest will be 7,286 SF. 2. Waiver for building setbacks a. With the reduction of the lot sizes, building setbacks must also be reduced to maintain a normal sized home for the area. The lots will still maintain 30% pervious surfaces after accounting for the driveway and the pool. 3. Waiver for lot width a. This waiver runs concurrently with the lot size reduction. Lot widths are proposed to be reduced to fit all of the lots into the development. The smallest of the lots will be 50 ft wide. 4. Waiver for pool setback a. Pools are required a rear setback of 7.5 feet in the rear and 5 feet on the sides. The reduced setback in the rear is partly due to the reduced lot sizes and building setbacks. With a rear setback of 10 feet, only 5 feet of pool area would be permitted. A reduced pool setback provides some design flexibility. Plus, the rear of each property will abut either a natural area, right-of-way or another lot in this community, therefore an adverse impact to the existing homes on Pepperwood is not foreseen as the side setbacks will remain in place. 5. Waiver for higher fence along Prosperity Farms Rd. a. Six (6) foot powder coated black aluminum picket fence is proposed along t he back of the landscape buffer. Four (4) foot fences are permitted, but 6-foot fences are installed along Prosperity Farms Rd for both the Harbour Isles and Prosperity Harbor neighborhoods. C. Site Plan Analysis a. Traffic Analysis According to the traffic statement prepared by Kimley-Horn, there are 120 daily trips anticipated with a total of 9 ingress/egress during the morning peak hour and 13 ingress/egress during the evening peak hour. This level of traffic exempts the development from requiring concurrency with Palm Beach County Traffic Division. Additionally, it is small enough to not require a turn lane either from the North or South. b. Site Design The proposed neighborhood utilizes an existing curb cut to along Prosperity Farms Rd. Though there have been past discussions of creating an additional entrance to Allamanda Dr, the City of Palm Beach Gardens owns the property to the immediate north and designated it as conservation. Therefore, the site only faces one street and needed to utilize a unique design for cars to navigate to each lot. The main entrance will have an unguarded gate with a call box for guests. A separate knox box will be available for police and fire to answer emergency calls as necessary. The lots were oriented to have the rear of each property face the preserve areas and none of the backyards of the homes will face the existing homes on Pepperwood Circle. According to the applicant, the lots were designed to be of varying sizes to encourage different types of architecture which eliminates “cookie cutter” development. c. Easements There is an existing Seacoast Utility Authority (SUA) easement along Prosperity Farms road that will remain and another easement that is obsolete which will be abandoned. SUA has requested a 20-foot easement to the proposed lift station which will run along the southern property line. The north and west property lines will have a four (4) foot drainage easement which will provide drainage for the neighborhood. Though in individual properties, it will be dedicated in the plat, recorded into the declaration of covenants and maintained by the homeowner’s association. A 10-foot utility easement is also proposed in the front of every yard which will include the gas line, water and sewer. d. Landscaping The existing site is largely undeveloped, with a small clearing where a single family home was previously located. An environmental assessment was provided for the property with the previously denied assisted living facility application in 2014 (Attachment D). That assessment declared the 2.3-acre site as “disturbed lands”, which is to say that there are no significant environmental habitats (wetlands, scrub, etc). The report stated, “that the vegetation within this parcel is comprised of a combination of native plants, cultivated landscape and invasive exotic species and some of the natives have been planted here as opposed to being naturally occurring.” The report further states that “oak and cabbage palm are the predominate native species” and that “Invasive, exotic Brazilian pepper dominates the midstory layer”. Section 36-38.1 of the Village Code of Ordinances details the process for land clearing and vegetation protection. All native vegetation is required to be preserved whenever possible. The applicant is proposing to preserve eight live oaks along the perimeters and relocate three live oaks to the entrance island. The landscape architect determined that the large oaks were of lower quality which did not necessitate preserving or relocating. The Village sought the opinion of an independent arborist, who conducted a report which detailed the quality of the seven largest oak trees (>20 inch diameter trunks) (Attachment E). The report found that all of the trees were of poor or fair condition with the highest rated one at about 40% viability. D. Appearance Plan Compliance Sec. 6-36. - Powers and duties of planning commission concerning the appearance code. The planning commission shall have the following powers and duties: 1. To hold public hearings on and make recommendations for amendments to the appearance plan. 2. To consult with and cooperate with the planning and zoning advisory board, the beautification committee and other village departments, and any other municipal or governmental bodies on matters affecting the appearance of the village. 3. To study exterior design drawings, landscape and site plans and materials for any proposed public works or public improvements and to make recommendations to the council or village manager as to the architectural or aesthetic aspects thereof. De Minimis 4. To study and review preliminary and final plats and make recommendations to the planning and zoning advisory board and the village council. 5. To hold hearings, when required, on the issuance of certificates of appropriateness as provided in section 6-59, in connection with questions pertaining to applications for building permits and to issue or deny such certificates pursuant to the provisions of such section 6-59. Sec. 6-58. - Action of planning commission. Upon consideration of an application, the planning commission shall issue a certificate of appropriateness to the community development department upon a finding that the plan conforms to the village appearance plan and that the proposed building or structure is appropriate to, and compatible with, the character of the immediate neighborhood and will not cause a substantial depreciation in property values. If the planning commission determines that these criteria are not met, the planning commission shall provide such advice, counsel, suggestions and recommendations on matters pertaining to aesthetics as it may deem necessary to guide the prospective applicant in the development of a plan which would comply with the requirements and purposes of the appearance plan. If preliminary hearings have been held on the project for which application is being made, and preliminary approval has been issued by the planning commission as provided in section 6-56, the planning commission shall issue a certificate of appropriateness immediately, provided that the final drawings, plans and material as presented comply in all respects with the preliminary presentation upon which the preliminary approval was based. Sec. 6-59. - Approval by planning commission. The planning commission shall issue a certificate of appropriateness upon a concurring vote of at least three (3) members. No building or other permit, otherwise required under the ordinances of the village, for the erection, construction, alteration or repair of any building or structure in a multiple-dwelling, commercial or public zoning district shall be approved by the community development director except upon the granting of a certificate of appropriateness by the planning commission. The foregoing requirements shall not preclude the issuance of a building permit without such certificate if the community development director shall determine that no external architectural feature as defined in section 6-31 is involved in the work for which the building permit is sought. According to the applicant’s justification statement, the project is meeting the intent of the appearance plan. Their descriptions of each section have been provided in the attached design criteria. Section 45-35.1. IV.-Action of planning commission A. After a study of an application for a planned unit development and the required public hearing, the planning commission shall make a recommendation to the village council to approve, approve as modified, or reject the application based upon the followi ng standards: 1. The proposed use or uses shall be of such location, size and character as to be in harmony with the appropriate and orderly development of the zoning district in which situated and shall not be detrimental to the orderly development of adj acent zoning districts. 2. The location and size of the proposed use or uses, the nature and intensity of the principal use and all accessory uses, the site layout and its relation to streets giving access to it, shall be such that traffic to and from the use or uses, and the assembly of persons in connection therewith, will not be hazardous or inconvenient to the neighborhood nor conflict with the normal traffic of the neighborhood. In applying this standard, the commission shall consider, among other things: convenient routes for pedestrian traffic, particularly of children; the relationship of the proposed project to main traffic thoroughfares and to street and road intersections; and, the general character and intensity of the existing and potential development of the neighborhood. In addition, where appropriate, the commission shall determine that noise, vibration, odor, light, glare, heat, electromagnetic or radioactive radiation, or other external effects, from any source whatsoever which is connected with the proposed use, will not have a detrimental effect upon neighboring property or the neighboring area in general. 3. The location and height of buildings, the location, nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings nor impair the value thereof. 4. The standards of density and required open space in the proposed project are at least equal to those required by this ordinance in the zoning district in which the proposed project is to be located, except as may be permitted for key redevelopment sites through subsection 45-35.1.VIII 5. There shall be no uses within the proposed project which are n ot permitted uses in the zoning district in which the proposed project is to be located. Exception: Mixed uses may be allowed if the existing zoning district usage is commercial. The mixed uses shall only be residential and mercantile or residential and b usiness. B. The commission may recommend such changes or modifications in the proposed plan as are needed to achieve conformity to the standards as herein specified. The reasons for the changes or modifications shall be included in the recommendation. C. The commission shall not recommend the project unless it finds that all of the standards as herein specified have been met. If there are minor modifications to the provisions of this chapter, the commission may recommend its approval at the same time. It sh all also, where it deems appropriate and necessary, recommend to the village council those conditions to be imposed upon the project, its operation, or both, that are needed to assure adherence to the aforesaid standards . V. CONCLUSION Staff has analyzed the application to the requirements of the Village Code of Ordinances and recommend approval of the subdivision, planned unit development with waivers and preliminary plat. If the Planning Commission decides to approve the application, staff recommends the addition of the following conditions of approval to the development order: Proposed Conditions of Approval 1. Electric entry gate shall match the gate shown in the renderings provided. 2. Drainage easement shall be recorded with the final plat in the swale area shown along the western and northern property lines. This easement shall be maintained by the homeowners association and limit the installation of permanent structures and impervious surfaces in this space. 3. Landscape buffer shown on the south side shall be recorded as an easement, maintained by the HOA and recorded in the declaration of covenants and final plat. Owner shall not encroach into the easement with physical structures nor remove any of the vegetation. If any trees or shrubs are removed during construction they shall be replaced. 4. Irrigation plans shall be provided before approval of the infrastructure permit. 5. Applicant shall receive driveway access approval from Palm Beach County Traffic Division prior to building permit issuance. The Applicant shall attempt to preserve the existing median on Prosperity Farms Road during the County permitting process. 6. Prior to issuance of site development permit ensure that the storm water management report identifies whether the site will be bermed to contain the 25 year storm, or if the stormwater attenuation will be based on a predevelopment versus post development analysis for the SFWMD 25 year storm discharge criteria. 7. Prior to approval of final civil plans, a five (5) percent slope shall be provided from the crown of road to the front building foundation as an approved method of diverting water away from the foundation. 8. Five (5) percent of the value of the land shall be paid to the Village in lieu of providing public use space per Section 36-23. b. Valuation shall be defined as the fair market value of the required land, said fair market value to be appraised on the basis of the value of platted land without improvements. 9. Prior to issuance of permits for vertical construction, final plat shall be approved by Village Council per the process outlined in Section 36-14 of the Village Code of Ordinances. 10. All infrastructure, including but not limited to fire hydrants, street lights, storm drains, etc. Proposed on the approved site plan shall be maintained by the homeowner’s association. 11. Prior to issuance of first permit of vertical construction, a copy of the Declaration of Covenants and Restrictions shall be submitted to the Community Development Department and Village Attorney for approval and review of compliance with the conditions of approval. 12. Prior to the issuance of the first infrastructure permit, Applicant shall provide the Village with a performance bond, letter of credit, escrow agreement or other acceptable surety agreement in a form and in an amount approved by the Village Attorney to assure completion of on-site roadways, drainage and utility improvements. As improvements are completed and accepted by the Village, the amount of the performance bond, letter of credit, escrow agreement or other acceptable surety may be reduced by a proportionate amount as determined by the Village Manager in consultation with the Village Engineer. 13. If any significant archeological resources are found on site during development and construction, the Applicant shall notify Village staff and following the procedures outlined in Section 21-104 of the Village Code of Ordinances. 14. The Applicant shall relocate and preserve existing native trees shown on the approved tree disposition plan. If the oak trees do not survive relocation or preservation, they shall be replaced with ranch grown oaks that are the largest caliper that is reasonably available from local nurseries. 15. Any and all Gopher Tortoises located on site shall be relocated offsite in accordance with Florida Fish and Wildlife (FWC) requirements and procedures. 16. Vertical building construction permits shall not be approved until the Building Official determines the underground water mains and fire hydrants are installed, completed, and in service at a satisfactory level. 17. All residential units shall be constructed in conformance with the approved Design and Diversity Criteria. 18. Green vinyl chain-link fence shown on west and north property lines shall be set 2 ft in ground to prevent gopher tortoises from adjacent properties entering the site. 19. Centralized mailbox facility shall be provided at the request of the US Postal Service. Applicant shall provide location on site plan prior to issuance of vertical construction permits. 20. The Applicant shall be bound by all oral and written representations made both on the record and as part of the application process irrespective of whether such representations are included as formal conditions. 21. The conditions of approval shall be binding on the Applicant and its successors in interest and assigns and a violation of such conditions shall constitute a violation of the Village Code of Ordinances and may be enforced by the Village as set forth in Article VI, Chapter 2 of the Village Code or as otherwise authorized by law. Attachments A. 2016 Citizens’ Master Plan Concept B. Response to Comments C. Letter from City of Palm Beach Gardens D. Environmental Assessment E. Independent Arborist Report VILLAGE MASTER PLAN TOUR OF THE PLAN Date: 10/20/16 37 Inﬁ ll Development at Allamanda Drive The empty site at the corner of Allamanda Drive and Prosperity Farms Road is available for redevelopment. A recent proposal for an assisted living facility was rejected as too intense for the site. The development illustrated in the master plan is consistent with the density and use recently constructed at the Estates project to the north. The inf ll pattern illustrated provides the following qualities: 1. Development is clustered to preserve most major trees; 2. Houses face the street with vehicular access in the rear; 3. The concept plan has a block structure that provides more than one way in and out of the project to allow traff c to disperse. 4. An option is illustrated to incorporate a small coffee shop or corner store, which could provide an amenity to this portion of Prosperity Farms Road. Top Right: A plan with 15 houses 2,700 SF each, with a site density of 5.9 du/ac. Above: An option with 14 houses and a corner coffee shop with outdoor patio seating. Right: A similar residential development in Coral Gables with houses facing the street, parking in the rear, and a shared pool. Update August 12, 2021 City of Palm Beach Garden’s Staff attended the July 13 and August 3, 2021, Village of North Palm Beach Planning Commission meetings to raise concerns and objections related to the Prosperity Village development. Those concerns and objections were outlined in letters sent to the Village ’s Community Development Director on July 9 and August 3, 2021, and are contained at the end of the Memorandum. At the August 3, 2021 Planning Commission meeting, the Commission voted 7- 0 to recommend approval of the project to the Village Council, despite the concerns stated in this memorandum and stated at the Planning Commission meeting. City Staff continues to object to this project and respectfully request the Village Council consider these objections and have the Applicant address the City’s concerns through modifications to the project design. Please see below. 1. The Palm Beach Gardens Fire Department has strong concerns with its ability to provide a Fire-Rescue response through the City and Village’s mutual aid agreement based on the current site design that does not provide the required and proper turn around design for dead-end streets pursuant to 18.2.3.5.4 of the Florida State Fire Code. The site, as currently designed, would require Palm Beach Gardens Fire- Rescue vehicles to backup approximately 240 feet, which exceeds the 150 MEMORANDUM CITY OF PALM BEACH GARDENS TO: Jeremy Hubsch, AICP, Community Development Director Village of North Palm Beach CC: Natalie Crowley, AICP, Director of Planning and Zoning DATE: July 9, 2021 Updated August 3, 2021 Updated August 12, 2021 FROM: Peter Hofheinz, AICP, Assistant Director of Planning and Zoning SUBJECT: Proposed Prosperity Village development at Prosperity Farms Road and Allamanda Drive adjacent to City owned property. Page 2 of 5 feet in length for dead-end streets, before being able to conduct an exiting turn movement. “Access roads more than 150-feet in length shall be provided with approved provisions for fire apparatuses to turn around.” (See attached Florida State Fire Code) The proposed design impacts the ability of fire/rescue personnel to access the dwelling units effectively if required by the Automatic Aid Agreements between governments. 2. The project design continues to only provide approximately 21 -feet of vehicle stacking from the visitor callbox to the Prosperity Farms right-of- way line. This is a limited amount of vehicle stacking that cannot reasonably accommodate more than one vehicle. Without a turn lane, there will be inevitable vehicle overflow onto Prosperity Farms Road. 3. The City respectfully requests the Applicant to present and include Best Management Practices, b0th during potential construction and after , to protect the City’s Upland Preserve to the west. 4. The City respectfully requests the Applicant to provide a landscape buffer along the project’s west boundary that abuts the City’s upland preserve and along the projects north boundary that abuts property owned by the City of Palm Beach Gardens. 5. The project design does not include any onsite open space and/or recreational amenities. 6. The project design does not include a location for a United States Postal Service mail kiosk on the site plan. A Condition of Approval has been proposed requiring the Applicant to provide a location on the site plan prior to the issuance of vertical construction permits. The location of this mail kiosk is significant since its location may impact Fire-Rescue maneuverability on site. The proposed project design is requesting certain waivers from the Village’s R-1 development standards including reductions in the required building front, rear, and side setbacks, a reduced pool setback, and a reduced minimum lot size setback, that do not appear to be justified by any measure of reasonable criteria from the adopted Village Code. The requested building setback waivers will further impact the City’s Fire- Rescue Department to respond to any incident(s) by severely limiting fire apparatus maneuverability and access to rear yards. Reduced front setbacks will limit driveway lengths ultimately leading to residents parking within the street. Reduced side setbacks will not allow proper clearance around mechanical equipment (A/C units, pool equipment, etc.) for first responder access to rear yards. Page 3 of 5 Not providing a landscape buffer adjacent to the City’s upland preserve and property to the north has the potential to lead to residents dumping trash and debris over the fence, draining or emptying pools into the City’s property, or illegally trespassing on to City property during unauthorized times. The limited vehicle stacking from the callbox will have waiting vehicles stacking into the Prosperity Farms right-of-way ultimately blocking traffic. City Staff is willing to work with the Village to address these site plan issues. End Update Update August 2, 2021 City of Palm Beach Garden’s Staff attended the July 13, 2021 Village of North Palm Beach Planning Commission meeting to raise concerns and objections related to the Proposed Prosperity Village development. Those concerns and objections were outlined in a letter sent to the Village’s Community Development Director on July 9, 2021 and are contained at the end of this Memorandum for the record. At the July 13, 2021 Planning Commission meeting, further concerns and objections were brought before the Village’s Planning Commission based on discussion during the meeting related to the buffering and stormwater drainage from this proposed project onto the property owned by the City of Palm Beach Gardens to the west and north of this site, and the vehicle queuing/stacking from this project’s proposed call box location to the Prosperity Farms Road right-of-way. 1. The City still has concerns that there is no buffer proposed against the City of Palm Beach Gardens-owned property to the west that is designated as a gopher tortoise preserve. The project needs to provide a buffer on their own property. 2. Additionally, there is no buffering being proposed against the City of Palm Beach Gardens-owned property to the north. The project needs to provide a buffer on their own property. 3. As discussed at the Planning Commission meeting, the City is concerned with the limited stacking/queuing distance from the project’s entry callbox to the Prosperity Farms Road right-of-way. The project should meet the minimum stacking/queuing distance required by Palm Beach County. 4. The Palm Beach Gardens Fire Department requires R-20 turn radii to adequately accommodate fire equipment. The proposed plan indicated turn radii of 25 and 30 degrees. The proposed design impacts the ability of fire/rescue personnel to access the dwelling units effectively if required by the Automatic Aid Agreements betwe en governments. Page 4 of 5 5. The Palm Beach Gardens Fire Department requires the roadways to be at least 20’ wide and the dead-end turnarounds must be 60’ to adequately accommodate fire equipment. The proposed design impacts the ability of fire/rescue personnel to access the dwelling units effectively if required by the Automatic Aid Agreements between governments. 6. The Applicant has not included or identified Best Management Practices to protect the City’s Gopher Tortoise Upland Preserve and property to the north from construction activities and future residents. 7. The proposed site plan continues to have limited open space or and no recreation facilities for residents. End Update The City has received Public Notice of a Zoning Change petition going to the Planning Commission hearing in the Village of North Palm Beach on July 13, 2021. The petition is for a zoning change from Low Density Residential to Low Density Residential with a PUD overlay to build 12 dwelling units on 2.335 acres. Several waivers are requested as well. The proposed development would consist of 12 single family custom homes with the main access from Prosperity Farms Road. The home lots will vary in size and the architecture will consist of Modern, Coastal Modern, and Florida Contemporary. The City reviewed a previously proposed application and provided comments on August 1, 2019. The proposed site plan consisted of 12 single family homes and two 4-unit townhomes. Please see updated comments regarding the revised site plan. The City has the following objections and comments on the proposed development. The City requests the petition be revised accordingly. 1. No buffer is proposed against the City of Palm Beach Gardens-owned property to the west that is designated as a gopher tortoise preserve. The project needs to provide a buffer on their own property. 2. No buffer is proposed against the City of Palm Beach Gardens -owned property to the north. The project needs to provide a buffer on their own property. 3. The Palm Beach Gardens Fire Department requires R-20 turn radii to adequately accommodate fire equipment. The proposed plan does not indicate the turn radii. The proposed design impacts the ability of fire/rescue personnel to access the dwelling units effectively if required by the Automatic Aid Agreements between governments. 4. The Palm Beach Gardens Fire Department requires the roadways to be at least 20’ wide and the dead-end turnarounds must be 60’ to adequately accommodate fire equipment. The proposed design impacts the ability of fire/rescue personnel to access the dwelling units effectively if required by the Automatic Aid Agreements between governments. Page 5 of 5 5. The two fire hydrants appear to be placed well and should be adequate if they have a minimum flow of 1,000 gpm. 6. Has the applicant identified Best Management Practices for construction to protect gopher tortoises on site or other conservation items? 7. The proposed site plan contains limited open space or recreation facilities for residents. PROSPERITY VILLAGE Site Plan Review Justification Statement April 7, 2021 Revised October 13, 2021 INTRODUCTION On behalf of the Applicant, Prosperity Village Development, LLC, Cotleur & Hearing is requesting site plan approval and planned unit development approval for 11 single-family dwelling lots on the west site of Prosperity Farms Road. PROJECT CONTACT Cotleur & Hearing Attn: Donaldson Hearing/David Milledge 1934 Commerce Lane, Suite 1 Jupiter, Florida 33458 Office (561) 747-6336 Direct (561) 406-1002 Fax (561) 747-1377 Prosperity Village Development, LLC Attn: Dan Catalfumo 4001 Design Center Drive, Suite 110 Palm Beach Gardens, FL 33410 Office (561) 694-3000 Email: dhearing@cotleur-hearing.com; dmilledge@cotleur-hearing.com HISTORY This site has no previous village approvals; however, it did have a single-family residence which was demolished in 2008. REQUEST 1. Rezoning from R-1 to R-1 with an underlying PUD 2. Site Plan approval for the proposed neighborhood consisting of 12 residential dwelling lots. Surrounding Land Use and Zoning The current zoning of R-1 and future land use of low-density residential (LDR) are adequate to provide the proposed single-family use and the proposed density of 12 units. However, to provide flexibility towards the standard zoning development standards, Applicant is requesting a PUD to achieve better overall design for the proposed neighborhood. DIRECTION ZONING DESIGNATION FUTURE LAND USE DESIGNATION EXISTING USE EAST R-1 (PUD) LDR Residential NORTH R-1 LDR Preserve Area SOUTH R-1 LDR Residential WEST P/I (PBG) CONS (PBG) Preserve Area PROSPERITY VILLAGE PUD and Site Plan Review CH # 210303 Revised August 8, 2021 Page 2 of 6 Overview of Request Within the R-1 zoning district, single-family dwellings with accessory buildings customarily incident thereto, are permitted. The purpose of this request is to provide greater flexibility in designing a small, 11 lot subdivision through the creation of a Planned Unit Development (PUD). Part of the request to include an underlying PUD is to provide relief from the typical setback requirements, reduction in the minimum lot size, and reduction in minimum lot width. Relief from such development standards will allow a lot configuration which would allow sidewalks and a central tree-island in the middle of the neighborhood, as well as two open space areas accessible by the public. Pursuant to code section 45-35.1, creating the PUD adds a degree of flexibility in the placement and interrelationship of the buildings and uses within the PUD with implementation of new design concepts. The proposed 11 lot neighborhood will not have a negative impact on the surrounding areas. Rather, the project would help with limiting the number of tear-downs happening in other neighborhoods by giving prospective owners a place to build a new custom home. Project Description This 2.33-acre site is generally surrounded by residential uses with a preserve area immediately to the west and a vacant parcel to the north of the property. A resident or guest would access the neighborhood from a single access point off Prosperity Farms Road. Adjacent to the road, an aluminum fence is provided within a substantial landscape buffer. The entrance into the community has a callbox and an escape turn-around before entering through the gate in order to reduce conflicts and prevent unnecessary stacking. The callbox would include a Knox switch and Click 2 Enter module to allow emergency services to gain access to the neighborhood. Residents would use an RFID or similar technology to bypass the callbox and enter the site. Once entering the gate, a vehicle would enter onto a one-way circle roadway network leading back to Prosperity Farms Road through the exiting gate. USPS, FedEx, UPS, DHL, and Amazon will be given specific codes to use at the callbox to allow for expediate access into the neighborhood. These codes will be identified on mailing labels and will renewed every 30 days. City personal, including garbage collection, will have a dedicated code, as well, to further provide convenience. Generally, all of the lots have unique dimensions with the smallest lot being 55’ x 115’ and the largest lot being 69’ x 112’. These varying lots will provide a variety of designs and layouts to the neighborhood which is in stark contrast to typical “cookie-cutter” neighborhood. Immediately south of the project is the Pepperwood Circle neighborhood (“Pepperwood”) which consists of 1- and 2-story homes. Lots 1 and 7 would be the only two properties abutting Pepperwood. While these houses may be up to 2 stories in height, it should be noted that a building located on Lot 1 would be 47 feet from the house located at 2537 Pepperwood Circle which is a 2-story building. A potential house on Lot 7 would be over 53 feet from the house located at 2511 Pepperwood Circle due to a SUA easement along the southern property line. The proposed project and Pepperwood are both single-family residential neighborhoods and are inherently compatible, let alone the fact that these is considerable distance between the existing residences and the proposed buildings and that 2-story buildings already exist along Pepperwood Circle. The proposed lots will be graded to promote positive flow of stormwater runoff towards the neighborhood’s main drainage infrastructure. With a maximum proposed impervious area of 70%, PROSPERITY VILLAGE PUD and Site Plan Review CH # 210303 Revised August 8, 2021 Page 3 of 6 the proposed yard drains would provide proper drainage of these lots and the overall neighborhood. This neighborhood’s design will be regulated through the enclosed design guidelines. These guidelines require architecture styles of Modern, Coastal Modern, and Florida Contemporary. The guidelines provide broad development standards for such matters as driveway widths and configurations, fences and gates, uses, pools, generators, accessory structures, and landscaping. These guidelines further explain the process of neighborhood approval before any permits can be sought from the Village. In addition to these guidelines, a color and material exhibit will be provided from which any custom home must adhere to. This further creates a cohesive yet unique neighborhood. Please see the enclosed traffic analysis for the proposed use. Based on the current zoning district and a theoretical development of 12 single family homes, this potential development would create 120 daily trips with 9 net AM peak and 13 net PM peak-hour trips. As reflected on the traffic analysis for the purposed project, this project has a de minimis impact on traffic. Based on the revised plan of 11 single family homes, the anticipated traffic generated would be even less. Moreover, this project would satisfy the desire for infill development at the corner of Prosperity Farms Road and Allamanda Drive as described in the new Village Master Plan. It should be noted that although the master plan envisions pedestrian connectivity from the project to Allamanda Drive by way of a pathway through the preserve area, the City of Palm Beach Gardens had previously objected to such a pedestrian pathway. Gopher Tortoises It has been identified that this property may have the presence of Gopher Tortoises and therefore Applicant will follow the Florida Wildlife Commission’s (FWC) Gopher Tortoise Permitting Guidelines wherein any located burrows will be flagged and classified. Proper permits from FWC will be obtained by Applicant, if necessary, for the relocation of any Gopher Tortoises to a long- term protected recipient sites consistent with FWC’s guidelines. Village Master Plan Within the Village’s Master Plan, the southwest corner of Allamanda Drive and Prosperity Farms Road envisions infill development consistent with Applicant’s proposal. This southwest corner includes the preserve area owned by the City of Palm Beach Gardens and the project site. The master plan calls out four qualities: 1) Development is clustered to preserve most major trees; Applicant is proposing to relocate trees of significance to a dedicated tree island which would be the crown jewel of the neighborhood. It would be the focal point as a resident enters the community and would be easily visible from Prosperity Farms Road. Additionally, Applicant will be adding new Oak trees to the main open area park. 2) Houses face the street with vehicular access in the rear; The proposed plan provides for a traditional approach to lot configuration and building placement. Having vehicular access in the rear reduces the useability of a backyard and creates additional road surfaces throughout the neighborhood. PROSPERITY VILLAGE PUD and Site Plan Review CH # 210303 Revised August 8, 2021 Page 4 of 6 3) Block pattern to disperse traffic flows; Unlike the Master Plan, Applicant does not own the preserve area and therefore has a smaller land area than envisioned by the Master Plan. With a smaller land area, a block pattern could not be achieved, however, Applicant has proposed a lot layout to allow for an intuitive traffic pattern. 4) Optional small commercial outparcel. Applicant is not proposing a commercial aspect to this development, nor is such commercial element consistent with or compatible to the surrounding residential properties. Sec. 45-35.1 – Planned Unit Development The statement of intent describing the district requires a minimum of 1 acre and provides a degree of flexibility in the placement and interrelationship of the buildings and uses within the planned unit development, together with the implementation of new design concepts. This site is implementing a unique design for the better placement of residential lots on the site to fully utilize the property. The request to be a PUD does not increase the density of the site. Additionally, it does not restrict the open space, air, or light that would be provided in other zoning districts. There are only three items not meeting the code requirements of the R-1 district, which is the setback requirements, the minimum lot width and minimum lot size. Public Benefit As part of this subdivision, Applicant has coordinated with Seacoast Utility Authority for the abandonment of the existing lift station in order to install a new lift station which would correct existing deficiencies of the existing lift station. Applicant has proposed a 20’ easement and considerable amount of land to properly locate this equipment. This lift station would provide the village and the surrounding neighborhoods with a substantial public benefit. In addition to the lift station, Applicant is proposing two open area parks within the subdivision which are accessible from Prosperity Farms Road to be enjoyed with the public. These parks provide open space for residents to enjoy the outdoors while still within the comfort of the subdivision. For the security of those who live within the subdivision, gates which grant access internally will be outfitted with code-locking mechanisms so that the general public may access the parks but not the subdivision. WAIVER REQUESTS UNDER PUD Pursuant to Section 45-35.1II(A)(2), below please find specific waivers and the intent behind such requests: WAIVER TABLE CODE SECTION REQUIRED PROPOSED WAIVER REQUEST Section 24-27D – Building Setbacks Front – 25’ Front – 20’ -5’ (Front) Rear – 20’ Rear – 10’ -10’ (Rear) Side – 10’ Side – 5’ -5’ (Side) Side Street – 20’ Side Street – 10’ -10’ (Side Street) PROSPERITY VILLAGE PUD and Site Plan Review CH # 210303 Revised August 8, 2021 Page 5 of 6 Section 24-27C – Lot Width 75’ minimum lot width 55’ -20’ Section 24-27C – Lot Area 7,500 SF minimum lot area 5,681 -1,819 SF Section 25-2 & 45- 36B - Pool Setback 7.5' 5' -2.5' Section 45-36(D) - Fence Setback/Height 4' height within front setback 6' height within front setback of subdivision only +2' 1. Minimum Lot Width – Section 24-27C Village code for the R-1 zoning district requires homes to have a minimum 75’ lot width. The proposed lot widths range from 50’ to 69’ which will still allow for large homes to be built on each lot. The average lot width is 60’. The smaller lot widths will allow for a quaint, village-feel within the neighborhood. 2. Minimum Lot Area – Section 24-27C Per village code, the minimum building site area (also known as lot area) for each single- family dwelling shall be 7,500 SF. Prosperity Village will have varying lot sizes which will range from 7,614 SF to 5,681 SF. While some lots have a uniform size, the majority of the lot sizes will be unique amongst each other. This allows for different architectural styles and footprints and clearly breaks the mold of a typical standardized neighborhood where all lots are identical. 3. Building Setback – Section 45-27D The specific setback requirements pursuant to the R-1 zoning district require a front setback of 25’, rear setback of 20’, side setback of 10’, and a side-street setback of 20’. Applicant is proposing setbacks as follows: 20’ front setback; 10’ rear setback; 5’ side setback; and 10’ side-street setback. This request is in tandem with the other waiver requests found above. With smaller lots, the standard setbacks account for a larger percentage of the lot which is no longer buildable. Smaller setbacks allow for more of a small village-feel and a sense of belonging. 4. Pool Setback – Section 25-2 & 45-36(B) The proposed project is unique in that it has a preserve area on two sides of the property. This area provides substantial buffering from the surrounding uses and as such the required 7.5’ setback for pools is not warranted. Applicant proposes a 5’ setback to provide greater flexibility in the design of an owner’s pool on their lot. Pools are mainstay in Florida so Applicant wants to ensure the backyards of each lot could accommodate a pool. 5. Fence Setback/Height – Section 45-36(D) PROSPERITY VILLAGE PUD and Site Plan Review CH # 210303 Revised August 8, 2021 Page 6 of 6 Section 45-36(D) permits only a 4’ fence within the front yard or side yard for a corner lot. Applicant is proposing a 6’ fence along Prosperity Farms Road. This proposed fence would be 10’ from the neighbor’s property line and over 17’ from edge of pavement of Prosperity Farms Road. This proposal is consistent with other gated neighborhoods within the Village. CONCLUSION The proposed neighborhood will provide custom home builders and future residents the opportunity to be part of a cohesive yet unique neighborhood. The project is not requesting additional density, however, is seeking waivers to properly layout the proposed residential lots in a logical and efficient manner. We look forward to the delivering an amazing project which will serve as a beautiful addition to this one-of-a-kind village. EEES88°16'14"E 210.00'210.00' (D) N88°12'05" W 285.00' S85°42'52"E 75.05' LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH LU: LDR ZONING: R1 EXISTING USE: VACANT VILLAGE OF NORTH PALM BEACH CITY OF PALM BEACH GARDENS LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH LU: CONSZONING: P/IEXISTING USE: VACANTN02°06'08"E 354.75'S02°06'08"W 351.74'S02°06'10"W 355.47' (D)S02°06'08"W 352.83' (C)EXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITE107'LOT 1LOT 758'60'60'58'58'61'LOT 2LOT 3LOT 4LOT 5LOT 6LOT 11LOT 8LOT 958'64'27'121'VEHICLE GATE ACCESSWITH CLICK2ENTERCALLBOX W/KNOX SWITCHPAVERS, TYP10' X 30' SITETRIANGLE5' PEDESTRIAN CROSSWALKWITH DECORATIVE PAVER TYP.EXISTING CURBSTOP BAR &STOP SIGN104'68.5'111'106'PROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT.CHAIN LINKFENCE, GREENVINYL COATED6' HT ALUMINUMRAILINGEXISTING OVERHEADPOWER LINES TO REMAIN115'102'108'SECURED ACCESS27' ROW112'MONUMENT SIGNALLAMANDA DR. CLPROSPERITY FARMS80' R/W (R.P.B.2, PG. 136)CLCL55'STREETLIFTSTATION14' REMOVABLERAILING14' REMOVABLERAILINGSEGMENTED LANDSCAPEBLOCK WALL(REFER TO CIVIL PLANS)SEGMENTEDLANDSCAPEBLOCK WALL(REFER TOCIVIL PLANS)OPEN SPACE PARK(NO PETS ALLOWED)3,000 SFLOT 1068.5'PROPOSED 4' HT.ALUMINUM FENCEPROPOSED 4' HT.CHAIN LINKFENCE, GREENVINYL COATEDPUBLIC ACCESSSECURED ACCESSPUBLIC ACCESSPROPOSEDDRIVEWAY LOCATIONPROPOSEDDRIVEWAY LOCATIONPROPOSEDDRIVEWAYLOCATIONPARKLOCATION MAPLEGAL DESCRIPTIONPROSPERITY VILLAGESHEET INDEXSHEET 1SHEET 2SHEET 3SHEET 4SHEET 5SHEET 6SHEET 7SHEET 8COVER PAGESITE PLANQUEUING PLANSITE DETAILSTYPICAL SITE LAYOUTLANDSCAPE PLANLANDSCAPE DETAILSTREE DISPOSITION PLANPROSPERITY VILLAGE 21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF04-07-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC653506-01-2106-24-2107-06-2108-11-2108-30-2109-14-2110-14-21COVER PAGEPROJECT TEAMNNTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAILINTERSTATE 95PROSPERITY FARMS RD.A.1.A.PARCEL 1:A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH,RANGE 43 EAST, PALM BEACH COUNTY,FLORIDA, AND MORE PARTICULARLY DESCRIBED ASFOLLOWS;START AT THE 1/4 SECTION CORNER ON THE SOUTH LINE OF SECTION 8,TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE RUN IN A NORTHERLY DIRECTION 1335.2FEET TO THE SOUTHEAST CORNER OF THE SOUTHEP6T 1/4 OF THE NORTHEAST 1/4 OF THESOUTHWEST 1/4 OF SAID SECTION; THENCE RUN IN A WESTERLY DIRECTION PARALLELINGTHE SOUTH LINE OF SECTION 8, A DISTANCE OF 50 FEET TO A CONCRETE MONUMENT;THENCE RUN NORTH PARALLELING THE QUARTER SECTION LINE A DISTANCE OF 667.6 FEETTO A CONCRETE MONUMENT; THENCE RUN IN A NORTHERLY DIRECTION A DISTANCE OF 245FEET PARALLELING THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THESOUTHWEST 1/4 OF SAID SECTION TO THE POINT OF BEGINNING; THENCE RUN IN AWESTERLY DIRECTION A DISTANCE OF 210 FEET PARALLELING THE NORTH LINE OF THENORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO A POINT; THENCE RUNNORTH A DISTANCE OF 110 FEET PARALLELING THE EAST LINE OF THE NORTHEAST 1/4 OFTHE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO A POINT; THENCE RUN EAST A DISTANCEOF 210 FEET PARALLELING THE NORTH LINE OF THE NORTHEAST 14 OF THE NORTHEAST 1/4OF THE SOUTHWEST 114; THENCE RUN SOUTH A DISTANCE OF 110 FEET PARALLELING THEEAST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 TO THEPOINT OF BEGINNING.PARCEL 2:A PARCEL OF LAND LYING IN THE SOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS; FOR THE PURPOSE OF THIS DESCRIPTION, THE EAST LINE OF THESOUTHWEST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, IS ASSUMED TOBEAR NORTH 02 DEGREES 06 MINUTES 1D SECONDS EAST AND ALL BEARINGS RECITEDHEREIN ARE RELATED THERETO; COMMENCING AT THE NORTHEAST CORNER OF THESOUTHWEST 1/4 OF SAID SECTION B (CENTER OF SAID SECTION 8); THENCE SOUTH D2DEGREES 06 MINUTES 10 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST 1/4 ADISTANCE OF 312.24 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 02DEGREES 06 MINUTES 10 SECONDS WEST ALONG SAID EAST LINE OF SAID SOUTHWEST ¼ ADISTANCE OF 355.47 FEET TO THE NORTHEAST CORNER OF THE PLAT OF PEPPERWOOD, ASSAID PLAT IS RECORDED IN PLAT BOOK 33, PAGES 184 AND 185, PUBLIC RECORDS OF PALMBEACH COUNTY, FLORIDA; THENCE NORTH 88 DEGREES 09 MINUTES 42 SECONDS WESTALONG A PORTION OF THE NORTH LINE OF SAID PLAT OF PEPPERWOOD A DISTANCE OF50.00 FEET TO THE EAST LINE OF THAT PARCEL DESCRIBED IN DEED RECORDED INOFFICIAL RECORD BOOK 5034, PAGE 903, OF THE PUBLIC RECORDS OF PALM BEACHCOUNTY, FLORIDA: THENCE NORTH 02 DEGREES 06 MINUTES 10 SECONDS EAST ALONGSAID EAST LINE AND ALONG THE EAST LINE OF THAT CERTAIN PARCEL DESCRIBED IN DEEDRECORDED IN OFFICIAL RECORD BOOK 3833, PAGE 1152, OF THE PUBLIC RECORDS OF PALMBEACH COUNTY, FLORIDA, A DISTANCE OF 357.61 FEET TO THE NORTH LINE OF SAIDCERTAIN PARCEL DESCRIBED IN SAID DEED RECORDED IN OFFICIAL RECORD BOOK 3833,PAGE 1152; THENCE DEPARTING FROM SAID NORTH LINE, SOUTH 85 DEGREES 42 MINUTES50 SECONDS EAST A DISTANCE OF 50.03 FEET TO THE POINT OF BEGINNING.PARCEL 3:A PARCEL OF LAND LYING, SITUATE AND BEING IN SECTION 8, TOWNSHIP 42 SOUTH, RANGE43 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS:START AT THE 1/4 SECTION CORNER ON THE SOUTH LINE OF SECTION 8,TOWNSHIP 42 SOUTH, RANGE 43 EAST, THENCE RUN IN A NORTHERLY DIRECTION 1335.2FEET TO THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THESOUTHWEST 1/4 OF SAID SECTION 8, THENCE RUN IN A WESTERLY DIRECTION, PARALLELTO THE SOUTH LINE OF SECTION 8, A DISTANCE OF 50 FEET TO A CONCRETE MONUMENT:THENCE RUN NORTH PARALLEL TO THE 1/4 SECTION LINE, A DISTANCE OF 667.6 FEET TO ACONCRETE MONUMENT, THE POINT OF BEGINNING; THENCE RUN WEST, A DISTANCE OF 210FEET, PARALLEL TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OFTHE SOUTHWEST 1/4 TO A POINT; THENCE RUN IN A NORTHERLY DIRECTION 245 FEET,PARALLEL TO THE EAST LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THESOUTHWEST 1/4 TO A POINT; THENCE RUN EAST A DISTANCE OF 210 FEET, PARALLEL TOTHE NORTH LINE OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4;THENCE RUN SOUTH A DISTANCE OF 245 FEET, PARALLEL TO THE WEST LINE OF THENORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 8, TOTHE POINT OF BEGINNING.PARCEL 4:A PARCEL OF LAND LYING IN THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH,RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. AND BEING MORE PARTICULARLYDESCRIBED AS FOLLOWS; FOR THE PURPOSE OF THIS DESCRIPTION, THE WEST LINE OF THESOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST, IS ASSUMED TOBEAR NORTH 02"06'10" EAST AND ALL BEARINGS RECITED HEREIN ARE RELATED THERETO;BEGIN AT THE NORTHEAST CORNER OF THE PLAT OF PEPPERWOOD. AS RECORDED IN PLATBOOK 33, PAGES 184 AND 185, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; SAIDCORNER ALSO BEING THE SOUTHEAST CORNER OF THAT PARCEL DESCRIBED IN DEEDRECORDED IN OFFICIAL RECORDS BOOK 12634, PAGE 1401 OF THE PUBLIC RECORDS OFPALM BEACH COUNTY FLORIDA; SAID BEGINNING POINT ALSO LIES ON THE WEST LINE OFTHE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH, RANGE 43 EAST; THENCE NORTH02'06'10" EAST ALONG THE WEST LINE OF THE SOUTHEAST 1/4. OF SECTION 8, TOWNSHIP42 SOUTH, RANGE 43 EAST A DISTANCE OF 355.47 FEET TO A POINT; SAID POINT ALSOBEING THE NORTHEAST CORNER OF THAT PARCEL DESCRIBED IN DEED RECORDED INOFFICIAL RECORDS BOOK 12634, PAGE 1401 OF THE PUBLIC RECORDS OF PALM BEACHCOUNTY FLORIDA: THENCE SOUTH 85'42'50" EAST ALONG THE PROLONGATION OF THENORTH LINE OF THAT PARCEL DESCRIBED IN DEED RECORDED IN OFFICIAL RECORDS BOOK12634, PAGE 1401 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCEOF 25.02 FEET; THENCE SOUTH02"06'10" W ALONG A LINE THAT IS 25 FEET EAST OF ANDPARALLEL TO THE WEST LINE OF THE SOUTHEAST 1/4 OF SECTION 8, TOWNSHIP 42 SOUTH,RANGE 43 EAST, A DISTANCE OF 354.40 FEET TO THE INTERSECTION WITH THEPROLONGATION OF THE NORTH LINE OF THE PLAT OF PEPPERWOOD, AS RECORDED IN PLATBOOK 33, PAGES 184 AND 185, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA;THENCE NORTH 88'09'42"W ALONG THE PROLONGATION OF THE NORTH LINE OF THE PLATOF PEPPERWOOD, AS RECORDED IN PLAT BOOK 33, PAGES 184 AND 185, PUBLIC RECORDSOF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 25.00 FEET TO THE POINT OFBEGINNING.(CONTAINING: 2.335 ACRES, MORE OR LESS)SITE DATAGENERAL NOTESRAMPS SHALL BE PROVIDED AT ALL INTERSECTIONS WITH DRIVE AISLES IN ACCORDANCEWITH ADA AND THE FLORIDA HANDICAP ACCESSIBILITY CODE.ALL SIGNAGE SHALL CONFORM TO THE REQUIREMENTS OF THE VILLAGE OF NORTH PALMBEACH OR WAIVERS SHALL BE SOUGHT FROM VILLAGE COUNCIL.ALL SIDEWALKS SHALL BE A MINIMUM OF 5 FEET IN WIDTH.THE BUILDING, LANDSCAPE AND LIGHTING DESIGN SHALL MAXIMIZE THE USE OFACCEPTED DESIGN PRINCIPLES OR EQUIVALENT, AS APPROVED BY THE POLICEDEPARTMENT.THE PHOTOMETRIC PLAN WILL REFLECT LIGHTING VALUES IN ACCORDANCE WITH THEREQUIREMENTS OF THE VILLAGE OF NORTH PALM BEACH.ALL STREET LIGHTS AND PEDESTRIAN LIGHTS SHALL BE LED OR EQUIVALENT, ASAPPROVED BY THE POLICE DEPARTMENT.ALL ADA ACCESSIBLE RAMPS SHALL MEET THE FLORIDA ACCESSIBILITY GUIDELINES IN THELATEST VERSION OF THE FLORIDA BUILDING CODE. ANY MODIFICATIONS SHALL BEAPPROVED BY THE ENGINEER-OF-RECORD.ALL PAVEMENT MARKING AND STRIPING, SHALL BE INSTALLED WITH THERMOPLASTICMATERIALS. ALSO, PAVER BRICKS OF APPROPRIATE COLOR SHALL BE USED ON PAVERBRICK AREAS, IN LIEU OF PAINT OR THERMOPLASTIC MATERIAL.ALL LIGHT POLES SHALL BE POSITIONED IN A FASHION WHICH DOES NOT CONFLICT WITHTREE GROWTH THROUGH MATURITY.LIGHT POLE FIXTURES SHOULD BE DESIGNED TO REDUCE LIGHT SPILLAGE AND LIGHTTRESPASS.WHEN POSSIBLE TREE TRUNKS SHOULD BE TRIMMED UP TO 6 FEET AND BUSHES KEPT TO AMAXIMUM HEIGHT OF 3 FEET TO REDUCE HIDING PLACES AND MAXIMIZE NATURALSURVEILLANCE.81APPLICANT:PROSPERITY VILLAGE DEVELOPMENT, LLC4001 DESIGN CENTER DRIVE,SUITE 110PALM BEACH GARDENS, FL 33410561.694.3000CONTACT: DANIEL CATALFUMOLANDSCAPE ARCHITECT/PLANNER:COTLEUR & HEARING, INC.1934 COMMERCE LANE, SUITE 1JUPITER, FL 33458561.747.6336CONTACT: DON HEARINGARCHITECTURAL CONSULTATION:SPINA O'ROURKE + PARTNERSARCHITECTURAL AND INTERIOR DESIGN285 BANYAN BLVDWEST PALM BEACH, FL 33401561.684.6844ENGINEER:WGI2035 VISTA PARKWAYWEST PALM BEACH, FL 33411561.209.7775CONTACT: CHRIS HOLMESSURVEYOR:LIDBERG LAND SURVEYING, INC.LAND AND CONSTRUCTION SURVEYING675 WEST INDIANTOWN ROAD, SUITE 200JUPITER, FL 33458561.746.8454CONTACT: DAVID LIDBERG EEES88°16'14"E 210.00'210.00' (D) N88°12'05" W 285.00' S85°42'52"E 75.05' LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH LU: LDR ZONING: R1 EXISTING USE: VACANT VILLAGE OF NORTH PALM BEACH CITY OF PALM BEACH GARDENS LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH10' LB10' LB57'24'CL18'20'FSB5' SW LU: CONSZONING: P/IEXISTING USE: VACANT61' ROWEXISTING 12' SUAETO REMAINN02°06'08"E 354.75'S02°06'08"W 351.74'S02°06'10"W 355.47' (D)S02°06'08"W 352.83' (C)18'R6'R6'R3'7.7'21.5'EXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITE10' UE10' UE10'UE12' UE10'UE10' UEEXISTING12' SUAETO REMAIN19'2'2'2'5'SW20' FSB2'5'SW20' FSB19'5'22' SBTO SIGN25'MULTI-PURPOSEEASEMENT22'22'22'22'107'LOT 1LOT 758'60'60'58'58'61'LOT 2LOT 3LOT 4LOT 5LOT 6LOT 11LOT 8LOT 958'64'27'121'EXIST 5' CONC. WALK 10' LB& SSB10'RSB 10' LBVEHICLE GATE ACCESSWITH CLICK2ENTERCALLBOX W/KNOX SWITCH10' RSBPAVERS, TYP10' X 30' SITETRIANGLE5' PEDESTRIAN CROSSWALKWITH DECORATIVE PAVER TYP.EXISTING CURBSTOP BAR &STOP SIGN5' SW5' SW5' SSB5'SSB10' SCSB10'RSB5' SSB104'20' FSB68.5'43'75'10'RSB111'50' DRAINAGE EASEMENT(O.R.B. 6136, PG. 315)TO BE ABANDONED58.5'5' SSB72'106'44' 20'SUAE40'SUAE40'SUAEPROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT.CHAIN LINKFENCE, GREENVINYL COATED10'RSB5' SSB10'RSB10'RSB10'RSB5' SSB5' SSB5' SSB5' SSB5' SSB5' SSB5' SSB5' SSB43'50'50'48'48'51'20' FSB49'5' SSB5' SSB5' SSB5' SSB91'92'91'105'76'79'58.5'82'10'RSB6' HT ALUMINUMRAILING6' HT ALUMINUMRAILINGEXISTING OVERHEADPOWER LINES TO REMAINEXISTING OVERHEADPOWER LINES TO REMAIN10' SSB115'20' FSB20' FSB102'108'SECURED ACCESS27' ROW21.5'112'MONUMENT SIGNALLAMANDA DR.PROSPERITY FARMS80' R/W (R.P.B.2, PG. 136)CLCL55'20' REMOVABLE RAILINGOPAQUEFENCESTREETLIFTSTATION14' REMOVABLERAILING14' REMOVABLERAILINGMAILBOXESFIRE HYDRANT, TYPSEWER LINE, TYPWATER LINE, TYPDRAINAGE,TYPFIREHYDRANT,TYPSEWER LINE, TYPFORCE MAIN, TYP9' FORCE MAIN TOALUMINUM RAILING9' FORCE MAIN TOALUMINUM RAILING5' MAINTENANCEEASEMENT5' MAINTENANCEEASEMENT5' MAINTENANCEEASEMENT 10' MAINTENANCEEASEMENT18'2'2'18'2'2'5' MAINTENANCEEASEMENTSEGMENTED LANDSCAPEBLOCK WALL(REFER TO CIVIL PLANS)SEGMENTEDLANDSCAPEBLOCK WALL(REFER TOCIVIL PLANS)VALLEY CURB, TYPVALLEY CURB, TYPRA CURB, TYPRA CURB, TYP 10' MAINTENANCEEASEMENT 10' MAINTENANCEEASEMENTGAS LINE, TYP5' SSB5' SSBOPEN SPACE PARK(NO PETS ALLOWED)3,000 SFLOT 1078'20' FSB10'RSB68.5'PROPOSED 4' HT.ALUMINUM FENCEPROPOSED 4' HT.CHAIN LINKFENCE, GREENVINYL COATEDPUBLIC ACCESSSECURED ACCESSPUBLIC ACCESSPROPOSEDDRIVEWAY LOCATIONPROPOSEDDRIVEWAY LOCATIONPROPOSEDDRIVEWAYLOCATIONPARKSITE PLANScale: 1" = 20'-0"100'40'20'60'North80'LOCATION MAPNPROSPERITY VILLAGE 21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF04-07-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC2653506-01-2106-24-2107-06-2108-11-2108-30-2109-14-2110-14-21NTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAIL INTERSTATE 95 PROSPERITY FARMS RD.A.1.A.PROJECT TEAMSITE DATAAPPLICANT:PROSPERITY VILLAGE DEVELOPMENT, LLC4001 DESIGN CENTER DRIVE,SUITE 110PALM BEACH GARDENS, FL 33410561.694.3000CONTACT: DANIEL CATALFUMOLANDSCAPE ARCHITECT/PLANNER:COTLEUR & HEARING, INC.1934 COMMERCE LANE, SUITE 1JUPITER, FL 33458561.747.6336CONTACT: DON HEARINGARCHITECTURAL CONSULTATION:SPINA O'ROURKE + PARTNERSARCHITECTURAL AND INTERIOR DESIGN285 BANYAN BLVDWEST PALM BEACH, FL 33401561.684.6844ENGINEER:WGI2035 VISTA PARKWAYWEST PALM BEACH, FL 33411561.209.7775CONTACT: CHRIS HOLMESSURVEYOR:LIDBERG LAND SURVEYING, INC.LAND AND CONSTRUCTION SURVEYING675 WEST INDIANTOWN ROAD, SUITE 200JUPITER, FL 33458561.746.8454CONTACT: DAVID LIDBERGWAIVER TABLE82 S88°16'14"E 210.00'210.00' (D) N88°12'05" W 285.00' S85°42'52"E 75.05' LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH LU: LDR ZONING: R1 EXISTING USE: VACANT VILLAGE OF NORTH PALM BEACH CITY OF PALM BEACH GARDENS LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH LU: CONSZONING: P/IEXISTING USE: VACANTN02°06'08"E 354.75'S02°06'08"W 351.74'S02°06'10"W 355.47' (D)S02°06'08"W 352.83' (C)EXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITEEXISTINGRESIDENCEOFFSITELOT 1LOT 7LOT 2LOT 3LOT 4LOT 5LOT 6LOT 11LOT 8LOT 9ALLAMANDA DR.PROSPERITY FARMS80' R/W (R.P.B.2, PG. 136)CLCLSTREETLIFTSTATIONOPEN SPACE PARK(NO PETS ALLOWED)3,000 SFLOT 10DOGPARKQUEUE PLANScale: 1" = 20'-0"100'40'20'60'North80'LOCATION MAPNPROSPERITY VILLAGE 21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF04-07-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC653506-01-2106-24-2107-06-2108-11-2108-30-2109-14-2110-14-21NTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAIL INTERSTATE 95 PROSPERITY FARMS RD.A.1.A.PROJECT TEAMAPPLICANT:PROSPERITY VILLAGE DEVELOPMENT, LLC4001 DESIGN CENTER DRIVE,SUITE 110PALM BEACH GARDENS, FL 33410561.694.3000CONTACT: DANIEL CATALFUMOLANDSCAPE ARCHITECT/PLANNER:COTLEUR & HEARING, INC.1934 COMMERCE LANE, SUITE 1JUPITER, FL 33458561.747.6336CONTACT: DON HEARINGARCHITECTURAL CONSULTATION:SPINA O'ROURKE + PARTNERSARCHITECTURAL AND INTERIOR DESIGN285 BANYAN BLVDWEST PALM BEACH, FL 33401561.684.6844ENGINEER:WGI2035 VISTA PARKWAYWEST PALM BEACH, FL 33411561.209.7775CONTACT: CHRIS HOLMESSURVEYOR:LIDBERG LAND SURVEYING, INC.LAND AND CONSTRUCTION SURVEYING675 WEST INDIANTOWN ROAD, SUITE 200JUPITER, FL 33458561.746.8454CONTACT: DAVID LIDBERG83 PROSPERITY VILLAGE 21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF04-07-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC2653506-01-2106-24-2107-06-2108-11-2108-30-2109-14-2110-14-21SITE DETAILS8 ALUMINUM RAILING DETAILNTS6' POWDER COATED BLACK ALUMINUM6'6"4"ABOVE GROUND BACKFLOW PLANTING DETAILSPLAN VIEW4'4'SECTION VIEWABOVE GROUND PLANT MATERIAL 4' MIN. CLEARANCEEQUIPMENTABOVE GROUND PLANT MATERIAL 4' MIN. CLEARANCEEQUIPMENTROOT BARRIER2'2'2' MIN. CLEARANCENTSRA CURB DETAILVALLEY CURB DETAILNTSNTSWEARING SURFACE7 12"6"24"12"12"BASER34"14"NOTE: SAWCUTS REQUIRED AT 10' CENTERS4TOP RAIL 1 5/8" O.D.GSP SCHD. 402 1/2" O.D. GSPSCHD. 40 SPACEDAT 10'-0" MAX.7 GA. AL. COATEDSPR. COIL TENSIONWIRECONCRETE FTG.DIAGONALBRACE W/TURNBUCKLESTRETCHERBARHORIZONTALBRACE9 GA. VINYLCOATED STEELFABRIC3" O.P. GST. SCHD.40 AT CORNER8'-0"3'-6"18"6"18"8'-0"LINE POSTCORNER POST18"6" 3'-6"WATERPROOF CAPHINGE (2)4" O.D. GSP SCHD.40 AT GATE OPENINGHORIZONTAL BRACEDIAGONAL BRACE W/TURNBUCKLECONCRETE FTG.HOR.BRACEVERT.BRACEGATE RAIL & POSTS 1 5/8"O.D. GSP SCHD. 40STRETCHER BARGATEGATE POSTNOTES:1.2.3.GATE TO BE SIZED PER REQUIREMENTSVINYL COATED STEEL WOVEN WIRE FABRIC TO BE STRETCHED TAUT W/STRETCHER BARS AND STRAPS AND FASTENED TOP & BOTTOM AND AT LINEPOSTS WITH GALV. PIG RING TIES.GATE TO BE SECURED OPEN WITH GATE STOP SET IN CONCRETE.ALL RAILS, POSTS AND HARDWARE TO BE BLACK VINYL COATED.4.5.WHERE POSTS COME IN CONTACT WITH CONCRETE THEY SHALL BE COATED WITH KOPPERS300M OR APPROVED EQUAL.3/8" DIAGONAL BRACEROD W/ TURNBUCKLEGATES SHALL HAVE WELDEDSTEEL JOINTS COATED WITHZINC BASED PAINTGA. CALL-OUTS ARE FOR WIRE BEFORE VINYL COATING.6.FABRIC SHALL BECONNECTED TO GATEFRAME EVERY 15" MAX.VERTICAL BLACK PVC FENCE SLATS REQUIRED.7.Fence DetailAUGUST 26, 2020 (Rev A-15)LIFT STATION FENCE DETAILNTSPLAN VIEW27"12"18"9"9"3"R 34"R 34"R 1-1/8"R 34"SEGMENTED LANDSCAPE BLOCK WALLNTSPAVESTONE - ROCKWALL SMALLPRODUCT NUMBER 110112HEIGHT = 4", LENGTH = 6.75", WIDTH = 11.63"COLOR TO BE PALOMINOwww.landscapeforms.com Ph: 800.521.2546BENCH DETAILNTSBRAND: LANDSCAPE FORMS FGP BENCH (OR EQUAL)COLOR: ALUMINUM WITH HARDWOOD INSETS LOT 10PROPOSED 4' HT.CHAIN LINK FENCE,GREEN VINYL COATEDDRIVEWAYROW LINEVALLEY CURBSTREETWALKDECK POOLRESIDENCECOVEREDLANAIBUILDABLE AREA LINELOT LINE68.5'5' SIDE SETBACK5' SIDE SETBACK58.5'108'10' REARSETBACK7.5' POOLSETBACK20' FRONT SETBACK4'SIDEWALK78'TYPICAL SITELAYOUTScale: 1/4" = 1'-0"4'0'16'8'32'64'LOCATION MAPNPROSPERITY VILLAGE 18-0801DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF04-07-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC653505-19-2107-06-2107-28-2108-11-2109-09-21NTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAIL INTERSTATE 95 PROSPERITY FARMS RD.A.1.A.85TYPICAL LOT DATASITE AREA: 6,256 SFRESIDENCE: 2,577 SFREQUIRED PROVIDEDIMPERVIOUS AREA: 1,374 SF 70%64%PERVIOUS AREA: 2,305 SF 30%36% 21 LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH LU: LDR ZONING: R1 EXISTING USE: VACANT VILLAGE OF NORTH PALM BEACH CITY OF PALM BEACH GARDENS LU: LDRZONING: R1EXISTING USE: SINGLE FAMILY HOMESVILLAGE OF NORTH PALM BEACH LU: CONSZONING: P/IEXISTING USE: VACANT121LOT 1LOT 7LOT 2LOT 3LOT 4LOT 5LOT 6LOT 11LOT 8LOT 9ALLAMANDA DR. CLPROSPERITY FARMS80' R/W (R.P.B.2, PG. 136)CLCLSTREETLIFTSTATIONEXISTING LIVE OAKTO REMAIN, TYP(REFER TO TREEDISPOSITION PLAN)EXISTING LIVE OAKTO REMAIN, TYP(REFER TO TREEDISPOSITION PLAN)OPEN SPACE PARK(NO PETS ALLOWED)3,000 SFLOT 10PARKEXISTING TREESOFF-SITE TOREMAIN, TYP.DENSELYWOODEDAREADENSELYWOODEDAREADENSELYWOODEDAREA3CH4RECH1510PROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATED6' HT ALUMINUMRAILINGNEW LOCATIONS OF(3) RELOCATED LIVEOAKS TREES(REFER TO TREEDISPOSITION PLAN)EXISTING LIVE OAKSTO REMAIN, TYP(REFER TO TREEDISPOSITION PLAN)6' HT ALUMINUMRAILINGEXISTING CHRISTMASPALMS TO REMAIN,TYP OF 5EXISTING CHRISTMASPALMS TO REMAIN,TYP OF 5EXISTING OVERHEADPOWER LINESVEHICLE GATE ACCESSWITH CLICK2ENTER, TYPCALLBOX W/KNOX SWITCHPAVERS, TYP10' X 30' SITETRIANGLE5' PEDESTRIAN CROSSWALKWITH DECORATIVE PAVER TYP.EXISTING CURBSTOP BAR &STOP SIGNSECURED ACCESSEXISTING OVERHEADPOWER LINES TO REMAINMONUMENTSIGN14FG105TMAGGB1WA10FG14TM1053CH1QVSCID79WA69ROOTBARRIER, TYPGAS LINE, TYPFIRE HYDRANT, TYPSEWER LINE, TYPWATER LINE, TYPDRAINAGE,TYPFIREHYDRANT,TYPSEWER LINE, TYPFORCE MAIN, TYP10' LB10' LB 10' LB& SSB 10' LB 20'SUAEEXISTING 12' SUAETO REMAIN10' UE10' UE10'UE12' UE10'UE10' UEEXISTING 12' SUAETO REMAIN5' MAINTENANCEEASEMENT5' MAINTENANCEEASMENT12'12'10WA1QVSROOT BARRIER, TYPROOT BARRIER, TYP12EDROOTBARRIER,TYP52CLD15ED8CID242CELEBRATION ZOYSIAOR BERMUDA SODCELEBRATION ZOYSIAOR BERMUDA SODLIVE OAKS PROPOSED INRESIDENTIAL LOTS TO BE FIELDADJUSTED TO AVOID CONFLICTSWITH UTILITIES AND BASED ONFINAL DESIGN OF RESIDENCE(TYP OF 11)PD1050JS99FG115RE3CLD153311PM1515PM151LD6PD1LD11PDPD13SECURED ACCESSPHM1WA521PD1AGGBPD3511QV6PD55CI23QVPUBLIC ACCESSPROPOSED 4' HT. CHAINLINK FENCE, GREENVINYL COATEDPROPOSED 4' HT.ALUMINUM FENCEPD1083CID327JS5FG4158JS139FG 10' MAINTENANCEEASEMENT 10' MAINTENANCEEASEMENT5' MAINTENANCEEASEMENTFG30TF9CLD134EXISTING TREE TO REMAINEXISTING TREE TO BERELOCATED ON SITEEXISTING TREE TO BE REMOVEDEXISTING PALM TO REMAINNEW LOCATION OFRELOCATED TREELANDSCAPE PLANScale: 1" = 20'-0"100'40'20'60'North80'LOCATION MAPNPROSPERITY VILLAGE 21-0303DESIG1EDDRAW1APPR2VEDJ2B 18MBERREVISI21SDATEDEHJAEDEHNorth Palm Beach, FloridaE\ DJUHHPHQW iQ ZUiWiQJ ZiWK WKH DUcKiWHcW IPPHGiDWHO\UHSRUW DQ\ GiVcUHSDQciHV WR WKH DUcKiWHcWSHEETC2TLE8R HEARI1G I1CTKHVH GUDZiQJV DUH WKH SURSHUW\ RI WKH DUcKiWHcW DQG DUHQRW WR EH XVHG IRU H[WHQViRQV RU RQ RWKHU SURMHcWV H[cHSW2F06-24-21LDQGVcDSH AUcKiWHcWVLDQG PODQQHUVEQYiURQPHQWDO CRQVXOWDQWVZZZcRWOHXUKHDUiQJcRP1934 CRPPHUcH LDQHSXiWH 1JXSiWHU FORUiGD 334585617476336 ā FD[ 7471377LDQGVcDSH AUcKiWHcWVLDQG PODQQHUVEQYiURQPHQWDO CRQVXOWDQWVZZZcRWOHXUKHDUiQJcRP1934 CRPPHUcH LDQHSXiWH 1JXSiWHU FORUiGD 334585617476336 ā FD[ 7471377LDQGVcDSH AUcKiWHcWVLDQG PODQQHUVEQYiURQPHQWDO CRQVXOWDQWVZZZcRWOHXUKHDUiQJcRP1934 CRPPHUcH LDQHSXiWH 1JXSiWHU FORUiGD 334585617476336 ā FD[ 7471377LDQGVcDSH AUcKiWHcWVLDQG PODQQHUVEQYiURQPHQWDO CRQVXOWDQWVZZZcRWOHXUKHDUiQJcRP1934 CRPPHUcH LDQHSXiWH 1JXSiWHU FORUiGD 334585617476336 ā FD[ 7471377Lic# LC2600053507-06-2107-28-2108-11-2108-30-2109-14-2110-14-21NTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAIL INTERSTATE 95 PROSPERITY FARMS RD.A.1.A.EXISTING TREE LEGEND86'A''A''B''B' TREESQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSED20 ELAEOCARPUS DECIPIENSJAPANESE BLUEBERRY TREE65 GAL3" CAL12` - 14` HTN FULL & THICK CANOPY, STANDARDQVS2 QUERCUS VIRGINANASOUTHERN LIVE OAK200 GAL6"-7" CAL18` - 20` OAY FULL CANOPY, SPECIMANQV14 QUERCUS VIRGINIANALIVE OAKFIELD GROWN 5" CAL16`-18` OAY FULL CANOPYPALM TREESQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSLD2 LIVISTONIA DECIPIENSRIBBON PALMFIELD GROWN N.A.10` G.W.N FULL CANOPY, STRAIGHT, THICK TRUNK,SMALL PALM TREESQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSCH1510 CHAMAEROPS HUMILIS CERIFERA `SILVER SELECT` SILVER EUROPEAN FAN PALM 15 GALN/A3` OA HTN FULL CANOPY, MULTI TRUNK, FLORIDA FANCY,MIN 1` CT PER TRUNKCH6 CHAMAEROPS HUMILIS CERIFERA `SILVER SELECT` SILVER EUROPEAN FAN PALM 45 GAL. OR F.G. N/A6` OA, MULTI TRUNK N FULL CANOPY, MULTI TRUNK, FLORIDA FANCY,MIN 1` CT PER TRUNKSPECIMEN PALMSQTYBOTANICAL NAMECOMMON NAMECONTCALSIZENATIVEREMARKSPHM1 PHOENIX DACTYLIFERA `MEDJOOL`MEDJOOL DATE PALMFIELD GROWN N.A.14` GWN STRAIGHT TRUNK, FULL CANOPY, DIAMOND CUT.RE7 ROYSTONEA REGIAROYAL PALMFGN/A15` C.T.Y FULL CANOPY, FF, HEAVY CALIPERSHRUBSQTYBOTANICAL NAMECOMMON NAMECONTSIZESPACENATIVEREMARKSAGGB2 AGAVE AMERICANA `GAINESVILLE BLUE`GAINESVILLE BLUE CENTURY PLANT FIELD GROWN 4` X 4`A.S.N BLUE, FULL, SPECIMANCI255 CHRYSOBALANUS ICACOCOCOPLUM3 GAL2` X 2`2` OCY FULL & THICKCLD1585 CLUSIA GUTTIFERACLUSIA15 GAL5` HT X 3` SPRD 3` OCY FULL & THICKCLD134 CLUSIA GUTTIFERACLUSIA3 GAL2` X 2`2` OCY FULL & THICKPD10133 PODOCARPUS MACROPHYLLUS `DWARF PRINGLES` DWARF PODOCARPUS10 GAL3` X 2`2` OCN FULL, FLORIDA FANCY.PM1526 PODOCARPUS MAKIIPODOCARPUS15 GAL.4` HT., 2` SPRD 2` OCN FULL & THICKGROUND COVERSQTYBOTANICAL NAMECOMMON NAMECONTSIZESPACENATIVEREMARKSCID648 CHRYSOBALANUS ICACO `HORIZONTAL`DWARF COCOPLUM3 GAL24" X 30"24" OCY FULL & THICK, NOT STRETCHED, FLORIDA FANCYFG316 FICUS MACROPHYLLA `GREEN ISLAND`GREEN ISLAND FICUS3 GAL15" X 15"24" OCN FULL & THICKJS262 JASMINUM VOLUBILEWAX JASMINE3 GAL18" X 18"24" OCN FULL & THICKPD92 PODOCARPUS MACROPHYLLUS `DWARF PRINGLES` DWARF PODOCARPUS3 GAL15" X 15"18" OCN FULL, FLORIDA FANCY.TM210 TRACHELOSPERMUM ASIATICUM `MINIMAJASMINE MINIMA3 GAL6" X 12"12" OCN FULLTF9 TRIPSACUM DACTYLOIDESFAKAHATCHEE GRASS3 GAL18" X 18"24" OCY FULL & THICKWA94 WRIGHTIA ANTIDYSENTERICAASIAN SNOW JASMINE3 GAL18" X 18"18" OCN FULL & THICK4'16' BUFFER20' SUA EASEMENT5' TO CLOF SHRUBSPROPERTYLINELOT LINEBUILDINGFOOTPRINTLINE4' WIDE SWALE(6" DEEP)SEE ENGINEERING PLANSPROPOSEDCLUSIA HEDGE4:1 MAX4'6'10' BUFFER5' TO CLOF SHRUBSPROPERTYLINEBUILDINGFOOTPRINTLINE4' WIDE SWALE(6" DEEP)SEE ENGINEERING PLANSPROPOSEDCLUSIA HEDGE4:1 MAXLANDSCAPE SPECIFICATIONS1. GENERAL LANDSCAPE REQUIREMENTSLANDSCAPE CONTRACT WORK INCLUDES, BUT IS NOT LIMITED TO, SOIL PREPARATION, FINE OR FINISH GRADING,FURNISHING AND INSTALLING PLANT MATERIAL, WATERING, STAKING, GUYING AND MULCHING.PLANT SIZE AND QUALITYTREES, PALMS, SHRUBS, GROUNDCOVERS:PLANT SPECIES AND SIZES SHALL CONFORM TO THOSE INDICATED ON THE DRAWINGS, NOMENCLATURE SHALLCONFORM TO STANDARD PLANT NAMES, 1942 EDITION. ALL NURSERY STOCK SHALL BE IN ACCORDANCE WITHGRADES AND STANDARDS FOR NURSERY PLANTS PARTS I & II, LATEST EDITION PUBLISHED BY THE FLORIDADEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, UNLESS SPECIFIED OTHERWISE. ALL PLANTS SHALL BEFLORIDA GRADE NUMBER 1 OR BETTER AS DETERMINED BY THE FLORIDA DIVISION OF PLANT INDUSTRY.ALL CONTAINER GROWN MATERIAL SHALL BE HEALTHY, VIGOROUS, WELL-ROOTED PLANTS AND ESTABLISHED IN THECONTAINER IN WHICH THEY ARE SOLD. THE PLANTS SHALL HAVE TOPS OF GOOD QUALITY AND BE IN A HEALTHYGROWING CONDITION.AN ESTABLISHED CONTAINER GROWN PLANT SHALL BE TRANSPLANTED INTO A CONTAINER AND GROWN IN THATCONTAINER SUFFICIENTLY LONG ENOUGH FOR THE NEW FIBROUS ROOTS TO HAVE DEVELOPED SO THAT THE ROOTMASS WILL RETAIN ITS SHAPE AND HOLD TOGETHER WHEN REMOVED FROM THE CONTAINER.STANDARD PLANTING MIXTURE SHALL BE ONE (1) PART RECYCLED ORGANIC MATERIAL ADDED TO THREE (3) PARTSEXISTING NATIVE SOIL.REPLACEMENT SOIL SHALL BE USED AS SPECIFIED TO REPLACE EXISTING SOILS THAT ARE DETERMINED BY THELANDSCAPE ARCHITEC TO BE UNSUITABLE FOR PLANTING, IE. ROAD BASE, PAVEMENT, ETC. REPLACMENT SOIL MIXSHALL CONTAIN 60% SAND AND 40% MUCK. SAND SHALL BE 100% CLEAN NATIVE SAND SCREENED TO 1/4" ANDMUCK SHALL BE 100% CLEAN ORGANIC NATIVE MUCK SCREENED TO 1/2". ALL SOIL SHALL BE MIXED PRIOR TODELIVERY ON SITE.MULCH SHALL BE SHREDDED MELALEUCA, EUCALYPTUS OR GRADE "A" RECYCLED. ALL MULCH IS TO BE APPLIED TO ADEPTH OF 3", EXCEPT AS OTHERWISE NOTED.FERTILIZER IN BACKFILL MIXTURE FOR ALL PLANTS SHALL CONSIST OF MILORGANITE ACTIVATED SLUDGE MIXEDWITH THE BACKFILL AT A RATE OF NOT LESS THAN 50 LBS. PER CUBIC YARD.FERTILIZER FOR TREES AND SHRUBS MAY BE TABLET FORM OR GRANULAR. GRANULAR FERTILIZER SHALL BEUNIFORM IN COMPOSITION, DRY AND FREE-FLOWING. THIS FERTILIZER SHALL BE DELIVERED TO THE SITE IN THEORIGINAL UNOPENED BAGS, EACH BEARING THE MANUFACTURER'S STATEMENT OF ANALYSIS, AND SHALL MEET THEFOLLOWING REQUIREMENTS: 16% NITROGEN, 7% PHOSPHORUS, 12% POTASSIUM, PLUS IRON. TABLET FERTILIZER(AGRIFORM OR EQUAL) IN 21 GRAM SIZE SHALL MEET THE FOLLOWING REQUIREMENTS: 20% NITROGEN, 10%PHOSPHORUS AND 5% POTASSIUM.FERTILIZER WILL BE APPLIED AT THE FOLLOWING RATES:PLANT SIZE 16-7-12 AGRIFORM TABLETS (21 GRAM)1 GAL. 1/4 LB. 13 GAL. 1/3 LB. 37-15 GAL. 1/2 LB. 61"-6" CALIPER 2 LBS./1" CALIPER 2 PER 1" CALIPER6" AND LARGER 3 LBS./1" CALIPER 2 PER 1" CALIPER"FLORIDA EAST COAST PALM SPECIAL" SHALL BE APPLIED TO ALL PALMS AT INSTALLATION AT A RATE OF ½ LB. PERINCH OF TRUNK UNLESS OTHERWISE SPECIFIED.FIELD GROWN TREES AND PALMS PREVIOUSLY ROOT PRUNED SHALL OBTAIN A ROOT BALL WITH SUFFICIENT ROOTSFOR CONTINUED GROWTH WITHOUT RESULTING SHOCK.CONTRACTOR SHALL NOT MARK OR SCAR TRUNK IN ANY FASHION.PLANTS SHALL BE WATERED AS NECESSARY OR WITHIN 24 HOURS AFTER NOTIFICATION BY THE LANDSCAPEARCHITECT.THE LOCATIONS OF PLANTS, AS SHOWN IN THESE PLANS, ARE APPROXIMATE. THE FINAL LOCATIONS MAY BEADJUSTED TO ACCOMMODATE UNFORESEEN FIELD CONDITIONS. MAJOR ADJUSTMENTS TO THE LAYOUT ARE TO BEAPPROVED BY THE LANDSCAPE ARCHITECT.ALL PLASTIC FABRIC SHALL BE REMOVED FROM PLANT MATERIAL AT TIME OF INSTALLATION.ALL TREES MUST BE STAKED AS SHOWN ON THE PLANTING DETAILS WITHIN 24 HOURS OF PLANTING. STAKES TOREMAIN FOR A MINIMUM OF 9 MONTHS, BUT NO LONGER THAN 18 MONTHS. CONTRACTOR IS RESPONSIBLE FORMAINTENANCE AND REMOVAL OF THE STAKES.ALL TREES MUST BE PRUNED AS PER LANDSCAPE ARCHITECT'S DIRECTION. SABAL PALMS MAY BE HURRICANE CUT.ALL SHRUBS, TREES AND GROUND COVER WILL HAVE IMPROVED SOIL AS PER PLANTING SOIL NOTES. THE SOILSSHALL BE PLACED IN THE HOLE DURING PLANTING. TOP DRESSING ONLY IS NOT ACCEPTABLE.DO NOT ALLOW AIR POCKETS TO FORM WHEN BACKFILLING. ALL TREES SHALL BE SPIKED IN UTILIZING WATER ANDA TREE BAR.THE LANDSCAPE CONTRACTOR SHALL WATER, MULCH, WEED, PRUNE, AND OTHERWISE MAINTAIN ALL PLANTS,INCLUDING SOD, UNTIL COMPLETION OF CONTRACT OR ACCEPTANCE BY LANDSCAPE ARCHITECT. SETTLED PLANTSSHALL BE RESET TO PROPER GRADE, PLANTING SAUCERS RESTORED, AND DEFECTIVE WORK CORRECTED.THE LANDSCAPE CONTRACTOR SHALL AT ALL TIMES KEEP THE PREMISES FREE FROM ACCUMULATION OF WASTEMATERIALS OR DEBRIS CAUSED BY HIS CREWS DURING THE PERFORMANCE OF THE WORK. UPON COMPLETION OFTHE WORK, THE CONTRACTOR SHALL PROMPTLY REMOVE ALL WASTE MATERIALS, DEBRIS, UNUSED PLANT MATERIAL,EMPTY PLANT CONTAINERS AND ALL EQUIPMENT FROM THE PROJECT SITE.UPON COMPLETION OF THE WORK, THE LANDSCAPE CONTRACTOR SHALL NOTIFY THE LANDSCAPE ARCHITECT ANDREQUEST A FINAL INSPECTION. ANY ITEMS THAT ARE JUDGED INCOMPLETE OR UNACCEPTABLE BY THE LANDSCAPEARCHITECT OR OWNER'S REPRESENTATIVE SHALL BE CORRECTED BY THE LANDSCAPE CONTRACTOR WITHIN 14 DAYS.ALL LABOR AND MATERIAL FOR SOIL AMENDMENTS AND FERTILIZER THAT IS REQUIRED TO INSURE THE SUCCESSFULESTABLISHMENT AND SURVIVAL OF THE PROPOSED VEGETATION, AS WELL AS ALL THE COST FOR THE REMOVAL OFUNSUITABLE OR EXCESS BACKFILL MATERIAL, SHALL BE INCLUDED IN THE CONTRACTOR'S BID TO PERFORM THEWORK REPRESENTED IN THIS PLAN SET.2. PLANTING TREESEXCAVATE PIT AS PER PLANTING DETAILS.BACKFILL AROUND BALL WITH STANDARD PLANTING MIXTURE AND SLIGHTLY COMPACT, WATER THOROUGHLY ASLAYERS ARE PLACED TO ELIMINATE VOIDS AND AIR POCKETS. BUILD A 6" HIGH BERM OF STANDARD PLANTINGMIXTURE BEYOND EDGE OF EXCAVATION. APPLY 3" (AFTER SETTLEMENT) OF MULCH EXCEPT WITHIN 6" OF TRUNK.PRUNE TREE TO REMOVE DAMAGED BRANCHES, IMPROVE NATURAL SHAPE AND THIN OUT STRUCTURE. DO NOTREMOVE MORE THAN 15% OF BRANCHES. DO NOT PRUNE BACK TERMINAL LEADER.GUY AND STAKE TREE IN ACCORDANCE WIT THE STAKING DETAILS IMMEDIATELY AFTER PLANTING.3. PLANTING SHRUBSLAYOUT SHRUBS TO CREATE A CONTINUOUS SMOOTH FRONT LINE AND FILL IN BEHIND.EXCAVATE PIT OR TRENCH TO 1-1/2 TIMES THE DIAMETER OF THE BALLS OR CONTAINERS OR 1'-0" WIDER THANTHE SPREAD OF ROOTS FOR POSITIONING AT PROPER HEIGHT. BACKFILL AROUND PLANTS WITH STANDARDPLANTING MIXTURE, COMPACTED TO ELIMINATE VOIDS AND AIR POCKETS. FORM GRADE SLIGHTLY DISHED ANDBERMED AT EDGES OF EXCAVATION. APPLY 3" OF MULCH EXCEPT WITHIN 3" OF STEMS.PRUNE SHRUBS TO REMOVE DAMAGED BRANCHES, IMPROVE NATURAL SHAPE AND THIN OUT STRUCTURE. DO NOTREMOVE MORE THAN 15% OF BRANCHES.4. PLANTING GROUND COVERLOOSEN SUBGRADE TO DEPTH OF 4" IN AREAS WHERE TOPSOIL HAS BEEN STRIPPED AND SPREAD SMOOTH.SPACE PLANTS AS OTHERWISE INDICATED. DIG HOLES LARGE ENOUGH TO ALLOW SPREADING OF ROOTS.COMPACT BACKFILLTO ELIMINATE VOIDS AND LEAVE GRADE SLIGHTLY DISHED AT EACH PLANT. WATERTHOROUGHLY. APPLY 3" OF MULCH OVER ENTIRE PLANTING BED, LIFTING PLANT FOLIAGE ABOVE MULCH.DURING PERIODS OF HOT SUN AND/OR WIND AT TIME OF PLANTING, PROVIDE PROTECTIVE COVER FOR SEVERALDAYS OR AS NEEDED.5. PLANTING LAWNSSODDING: SOD TYPE SPECIFIED ON PLANT LIST SHALL BE MACHINE STRIPPED NOT MORE THAN 24 HOURS PRIORTO LAYING.LOOSEN SUBGRADE TO DEPTH OF 4" AND GRADE WITH TOPSOIL EITHER PROVIDED ON SITE OR IMPORTEDSTANDARD PLANTING MIX TO FINISH DESIGN ELEVATIONS. ROLL PREPARED LAWN SURFACE. WATERTHOROUGHLY, BUT DO NOT CREATE MUDDY SOIL CONDITION.FERTILIZE SOIL AT THE RATE OF APPROXIMATELY 10 LBS. PER 1,000 S.F. SPREAD FERTILIZER OVER THE AREA TORECEIVE GRASS BY USING AN APPROVED DISTRIBUTION DEVICE CALIBRATED TO DISTRIBUTE THE APPROPRIATEQUANTITY. DO NOT FERTILIZE WHEN WIND VELOCITY EXCEEDS 15 M.P.H. THOROUGHLY MIX FERTILIZER INTO THETOP 2" OF TOPSOIL.LAY SOD STRIPS WITH TIGHT JOINTS, DO NOT OVERLAP, STAGGER STRIPS TO OFFSET JOINTS IN ADJACENTCOURSES. WORK SIFTED STANDARD PLANTING MIXTURE INTO MINOR CRACKS BETWEEN PIECES OF SOD ANDREMOVE EXCESS SOIL DEPOSITS FROM SODDED AREAS. SOD ON SLOPES GREATER THAN 3:1 SHALL BE STAKED INPLACE. ROLL OR STAMP LIGHTLY AND WATER THOROUGHLY WITH A FINE SPRAY IMMEDIATELY AFTER PLANTING.6. MISCELLANEOUS LANDSCAPE WORKLANDSCAPE MAINTENANCEMAINTAIN LANDSCAPE WORK UNTIL FINAL ACCEPTANCE IS ISSUED BY THE OWNER'S REPRESENTATIVE. INCLUDEWATERING, WEEDING, CULTIVATING, RESTORATION OF GRADE, MOWING AND TRIMMING GRASS, PRUNING TREESAND SHRUBS, PROTECTION FROM INSECTS AND DISEASES, FERTILIZING AND SIMILAR OPERATIONS AS NEEDED TOINSURE NORMAL GROWTH AND GOOD HEALTH FOR LIVE PLANT MATERIAL.PLANT MATERIAL SUBSTITUTIONNO SUBSTITUTION OF PLANT MATERIAL, TYPE OR SIZES WILL BE PERMITTED WITHOUT AUTHORIZATION FROM THELANDSCAPE ARCHITECT.PLANTING BED PREPARATIONALL PLANTING BEDS SHALL BE PROPERLY PREPARED PRIOR TO THE COMMENCEMENT OF ANY PLANTING. PLANTINGAREAS, INCLUDING LAWNS SHALL BE FREE OF ALL WEEDS AND NUISANCE VEGETATION. IF TORPEDO GRASS(PANICUM REPENS) IS PRESENT OR ENCOUNTERED DURING PLANTING, THE LANDSCAPE CONTRACTOR SHALL STOPALL PLANTING UNTIL IT CAN BE DEMONSTRATED THAT IT HAS BEEN COMPLETELY REMOVED OR ERADICATED.THERE SHALL BE NO EXCEPTIONS TO THIS PROVISION.ALL LANDSCAPE ISLANDS AND BEDS WILL BE FREE OF SHELL ROCK AND CONSTRUCTION DEBRIS AND WILL BEEXCAVATED TO A DEPTH OF 30 INCHES OR TO CLEAN, NATIVE SOIL AND FILLED WITH THE SPECIFIED REPLACMENTSOIL.LANDSCAPE WARRANTYTHE LANDSCAPE CONTRACTOR SHALL GUARANTEE ALL PLANT MATERIAL FOR A PERIOD OF SIX (6) MONTHS FROMTHE DATE OF CONDITIONAL ACCEPTANCE IN WRITING FROM THE LANDSCAPE ARCHITECT. AT THE TIME OFCONDITIONAL ACCEPTANCE, THE SIX (6) MONTH PERIOD SHALL COMMENCE. ANY MATERIALS WHICH HAVE DIEDOR DECLINED TO THE POINT WHERE THEY NO LONGER MEET FLORIDA #1 CONDTION DURING THIS PERIOD SHALLBE PROMPTLY REPLACED WITH SPECIMENS THAT MEET THE MINIMUM REQUIREMENTS CALLED FOR ON THEDRAWINGS. THE LANDSCAPE CONTRACTOR SHALL NOT BE HELD RESPONSIBLE FOR THE DEATH OR DAMAGERESULTING FROM ACTS OF GOD SUCH AS LIGHTNING, VANDALISM, AND AUTOMOBILES OR FROM NEGLIGENCE BYTHE OWNER. CONTRACTOR SHALL BE RESPONSIBLE FOR WATERING AND OTHERWISE MAINTAINING PLANTS UP TOTHE CONDITIONAL ACCEPTANCE PERIOD, UNLESS A WRITTEN AGREEMENT WITH THE LANDSCAPE ARCHITECTPROVIDES FOR A DIFFERENT ARRANGEMENT.SHRUB/GROUNDCOVER PLANTING DETAILNTS3" MULCHFORM SAUCER WITH 3" CONTINUOUS EARTHENRIM AROUND PLANTING HOLEPLANTING PIT DEPTH SHALL BE 4"-6" GREATERTHAN ROOT BALL. PLANTING PIT WIDTH SHALLBE TWICE THE DIAMETER FOR ROOT BALLS 2'AND UNDER OR 2' LARGER IN DIAMETER FORROOT BALLS OVER 2'.BACK FILL AROUND ROOT BALL WITHSTANDARD PLANTING MIX. ELIMINATE AIRPOCKETS.PLACE TOP OF ROOT BALL 2" ABOVE FINISHEDGRADEPLACE ROOT BALL AT BOTTOM OF PLANTING PITLARGE TREE PLANTING DETAILNTSPLACE RUBBER HOSE ON WIRE AT ALL POINTS OF CONTACT WITH TREEPLACE 3 (DOUBLE STRANDS) 12 GAUGE GALVANIZED GUY WIRE, SPACEDEQUAL DISTANCE AROUND TREE ABOVE FIRST LATERAL BRANCHPLACE SAFETY FLAGS ON GUY WIRESTWIST WIRES TO ADJUST TENSION ON GUY WIREREMOVE BURLAP FROM TOP 1/3 OF ROOTBALL IF APPLICABLE3" MULCHFORM SAUCER WITH 4"-6" CONTINUOUS EARTHEN RIM AROUNDPLANTING HOLE2"x4"x24" WOOD STAKE DRIVEN 3" BELOW GRADEPLANTING PIT DEPTH SHALL EQUAL DEPTH OF ROOT BALL PLUS 6" FORSETTING LAYER OF COMPACTED STANDARD PLANTING MIXTURE.PLANTING PIT WIDTH SHALL BE TWICE THE DIAMETER OF ROOT BALLBACK FILL AROUND ROOT BALL WITH STANDARD PLANTING MIXTURE.ELIMINATE AIR POCKETS.PLANT TOP OF ROOT BALL SLIGHTLY HIGHER THAN FINISHED GRADEPLACE ROOT BALL AT BOTTOM OF PLANTING PITPALM PLANTING DETAILPRUNE & TIE FRONDS TOGETHER WITHDEGRADABLE TWINE (MINIMUM 6-8 FRONDS)5 - 2"x4"x18" WOOD BATTENS. DO NOT NAILBATTENS TO PALM. HEIGHT OF BATTENS SHALLBE LOCATED IN RELATION TO THE HEIGHT OFTHE PALM FOR ADEQUATE BRACING2 STEEL BANDSMINIMUM 3 - 2"x4" WOOD BRACES SHALL BETOE NAILED TO WOOD BATTENS3" MULCHFORM SAUCER WITH 4"-6" CONTINUOUSEARTHEN RIM AROUND PLANTING HOLE2"x4"x24" WOOD STAKE REMAINING 3"ABOVE GRADEBACK FILL AROUND ROOT BALL WITH STANDARDPLANTING MIXTURE. ELIMINATE AIR POCKETS.PLANT ROOT BALL OF SABAL PALMS 2"-3"BELOW FINISHED GRADESIZE OF ROOT BALL WILL BE IN PROPORTIONTO SIZE AND TYPE OF PALM IN RELATION TOSOUND NURSERY PRACTICEPLACE ROOT BALL AT BOTTOM OF PLANTING PITCLEAR TRUNK (CT) HEIGHTVARIESFINISHED GRADENTSLANDSCAPE NOTESALL PLANT MATERIAL SHALL BE FLORIDA NUMBER 1 OR BETTER AS DEFINED BY THEDIVISION OF PLANT INDUSTRY 'GRADES AND STANDARDS' LATEST EDITION.THE LANDSCAPE CONTRACTOR SHALL NOT MAKE ANY SUBSTITUTIONS OR CHANGESWITHOUT THE AUTHORIZATION OF THE VILLAGE OF NORTH PALM BEACH, THEOWNER AND THE LANDSCAPE ARCHITECT.THE LANDSCAPE CONTRACTOR SHALL REVIEW THE PROJECT DRAINAGE AND UTILITYPLANS PRIOR TO CONSTRUCTION AND AVOID ALL CONFLICTS. THE LANDSCAPECONTRACTOR SHALL VERIFY THE LOCATION OF ALL UNDERGROUND UTILITIESPRIOR TO COMMENCING WORK.LANDSCAPING PLACEMENT, WITH CONSIDERATION OF MATURATION, SHOULD NOTOBSTRUCT LIGHTING FIXTURES, THE VIEW THROUGH WINDOWS, OR BUILDINGADDRESSES.LANDSCAPING OF THE LOWER CANOPY TREES SHOULD BE TRIMMED UP TO A MIN.HEIGHT OF 6'-0" THROUGH MATURATION TO INCREASE NATURAL SURVEILLANCE.LANDSCAPING OF SHRUBBERY SHOULD BE TRIMMED TO A MAX. HEIGHT OF 36" ANDMAINTAINED THROUGH MATURATION TO INCREASE NATURAL SURVEILLANCE.ALL LANDSCAPE SHALL CONFORM TO THE REQUIREMENTS OF THE VILLAGE OFNORTH PALM BEACH LAND DEVELOPMENT REGULATIONS.ALL ABOVE GROUND UTILITIES I.E. TRANSFORMERS, SWITCH BOXES, ACCONDENSERS AND ALIKE SHALL BE FULLY SCREENED FROM VIEW ON THREE SIDESWITH LANDSCAPING ( EXCLUDING ANTENNAS). THE LANDSCAPING SHALL EXTENDONE FOOT HIGHER THAN THE TALLEST POINT OF SAID EQUIPMENT AT TIME OFPLANTING.ALL TREES SHALL BE LOCATED WITHIN A MULCH PLANTING BED WITH A MINIMUMOF TWO (2) FEET OF CLEARANCE TO THE EDGE OF THE BED.ALL SOD WITHIN NEW LANDSCAPE AREAS SHALL BE STENOTAPHRUM SECUNDATUM'FLORATAM' (ST. AUGUSTINE SOD).TREES WITHIN PLANTING ISLANDS LESS THAN FIVE (5) FEET IN WIDTH SHALL BELOCATED TO AVOID CONFLICTS WITH THE OVERHANG OF VEHICLES.TYPE D OR F RAISED CONCRETE CURBING SHALL BE PROVIDED AROUND ALLPLANTING ISLANDS WITHIN VEHICULAR USE AREAS.TREES AT ENTRANCE WAYS AND WITHIN SIGHT TRIANGLES SHALL BE TRIMMED INSUCH A FASHION TO MINIMIZE SITE VISIBILITY CONFLICTS. CLEAR VISIBILITY SHALLBE MAINTAINED BETWEEN 30 INCHES AND 7 FEET.PLANTING ISLANDS WITHIN AND ADJACENT TO PARKING AREAS SHALL BE FREE OFLIME ROCK AND OTHER FOREIGN MATERIALS TO A DEPTH OF 36". IF NECESSARY,RECYCLED PLANTING SOIL MIXTURE SHOULD BE USED TO REPLACE UNSUITABLESOIL, WHICH IS EXCAVATED.ALL AREAS SHALL BE FULLY IRRIGATED IN ACCORDANCE WITH THE REQUIREMENTSOF THE VILLAGE OF NORTH PALM BEACH.THE IRRIGATION SYSTEM SHALL BE DESIGNED TO PROVIDE 100% OVERLAPCOVERAGE TO ALL NEW LANDSCAPE AND SOD AREAS.THE IRRIGATION SYSTEM SHALL BE EQUIPPED WITH A RAIN SENOR/CUT OFFSWITCH IN ACCORDANCE WITH STATE AND LOCAL REQUIREMENTS.THE LANDSCAPE CONTRACTOR SHALL BE RESPONSIBLE FOR ALL PERMITS FORHIS/HER WORK.ALL EXOTIC AND NUISANCE VEGETATION SHALL BE REMOVED FROM ON SITE.ALL TREES AND LANDSCAPING WILL BE FIELD LOCATED TO AVOID CONFLICT WITHTHE EXISTING UTILITY, LIGHT POLES AND DRAINAGE LINES.LARGE PALM PLANTING DETAILNTSFINISHEDGRADEPLACE ROOT BALL AT BOTTOM OF PLANTING PITSIZE OF ROOT BALL WILL BE IN PROPORTION TO SIZE ANDTYPE OF PALM IN RELATION TO SOUND NURSERY PRACTICEBACK FILL AROUND ROOT BALL WITH STANDARDPLANTING MIXTURE. ELIMINATE AIR POCKETS.DIAMETER OF THE HOLE SHALL BE TWICE THE BALLDIAMETER. FOR ROOT BALLS 2' AND GREATER, THEHOLE SHALL BE 2' LARGER THAN THE BALL DIAMETERPLANT ROOT BALL SLIGHTLY ABOVE FINISHEDGRADE3" MULCHFORM SAUCER WITH 4"-6" CONTINUOUSEARTHEN RIM AROUND PLANTING HOLEWOOD (WD)HEIGHT VARIES5 - 2"x4"x18" WOOD BATTENS OVER 5 LAYERSOF BURLAP. DO NOT NAIL BATTENS TO PALM.HEIGHT OF BATTENS SHALL BE LOCATED INRELATION TO THE HEIGHT OF THE PALM FORADEQUATE BRACING2 STEEL BANDSMINIMUM 4 - 4"x4" WOOD BRACES SHALL BETOE NAILED TO WOOD BATTENS2"x4"x24" WOOD STAKE REMAINING 3"ABOVE GRADEEXISTING SUBGRADESAFETY FLAGMEDJOOL, CANARY ISLAND, SYLVESTER DATE PALM, ETC.ROOT BARRIERABOVE GROUND BACKFLOW PLANTING DETAILSPLAN VIEW4'4'SECTION VIEWNTSABOVE GROUND PLANT MATERIAL 4' MIN. CLEARANCEEQUIPMENTABOVE GROUND PLANT MATERIAL 4' MIN. CLEARANCEEQUIPMENT2'2'2' MIN. CLEARANCEPROSPERITY VILLAGE 21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF06-24-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC2653507-06-2107-28-2108-11-2108-30-2109-14-2110-14-21LANDSCAPE DETAILSPLANT LISTPLANTING DETAILSROOT BARRIER DETAILS87AUGUST 26, 2020 (Rev C-16)Palm Tree with Root BarrierExotic Palm Tree with Root BarrierAUGUST 26, 2020 (Rev C-16)Typical Shrub, Small Tree or Typical Canopy Tree, Large or LANDSCAPE DATASECTION 'A-A'SECTION 'B-B' 21121LOT 1LOT 7LOT 2LOT 3LOT 4LOT 5LOT 6LOT 11LOT 8LOT 9ALLAMANDA DR. CLPROSPERITY FARMS80' R/W (R.P.B.2, PG. 136)CLCLSTREETLIFTSTATIONEXISTING LIVE OAKTO REMAIN, TYP(REFER TO TREEDISPOSITION PLAN)EXISTING LIVE OAKTO REMAIN, TYP(REFER TO TREEDISPOSITION PLAN)OPEN SPACE PARK(NO PETS ALLOWED)3,000 SFLOT 10PARKEXISTING TREESOFF-SITE TOREMAIN, TYP.DENSELYWOODEDAREADENSELYWOODEDAREADENSELYWOODEDAREA23456789101112131415161718192022232425262728293031323334353637383940414243444546474849505152535455565758596061626364656667686970717279787780818283848573747576868788GAS LINE, TYPFIRE HYDRANT, TYPSEWER LINE, TYPWATER LINE, TYPDRAINAGE,TYPFIREHYDRANT,TYPSEWER LINE, TYPFORCE MAIN, TYP10' LB10' LB 10' LB& SSB 10' LB 20'SUAEEXISTING 12' SUAETO REMAIN10' UE10' UE10'UE12' UE10'UE10' UEEXISTING 12' SUAETO REMAIN5' MAINTENANCEEASEMENT5' MAINTENANCEEASMENT12'12' 10' MAINTENANCEEASEMENT 10' MAINTENANCEEASEMENT5' MAINTENANCEEASEMENTEXISTING TREE TO REMAINEXISTING TREE TO BERELOCATED ON SITEEXISTING TREE TO BE REMOVEDEXISTING PALM TO REMAINNEW LOCATION OFRELOCATED TREETREE DISPOSITION PLANScale: 1" = 30'-0"15'0'60'30'90'North120'LOCATION MAPNPROSPERITY VILLAGE 21-0303DESIGNEDDRAWNAPPROVEDJOB NUMBERREVISIONSDATEDEHJAEDEHNorth Palm Beach, Floridaby agreement in writing with the architect. Immediatelyreport any discrepancies to the architect.SHEETCOTLEUR & HEARING, INC.These drawings are the property of the architect and arenot to be used for extensions or on other projects exceptOF06-24-21Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Landscape ArchitectsLand PlannersEnvironmental Consultantswww.cotleurhearing.com1934 Commerce LaneSuite 1Jupiter, Florida 33458561.747.6336 · Fax 747.1377Lic LC653507-06-2107-28-2108-11-2108-30-2109-14-2110-14-218NTSSITEPGA BLVD.US HWY. 1NORTHLAKE BLVD.BURNS RD.MILITARY TRAIL INTERSTATE 95 PROSPERITY FARMS RD.A.1.A.8EXISTING TREE LEGENDTREE DISPOSITION CHARTREPRESENTATIVE PHOTOS OF EXISTING TREE CONDITIONSOAK TREE WITH POORSTRUCTURE / SPIRAL FRACTUREEXISTING CONDITIONS /SPARSE CANOPYOAK TREE WITH ONE SIDEDCANOPY, POOR STRUCTUREOAK TREE WITH TRUNKBLEED, THIN CANOPYOAK TREE TO BE PRESERVED,NOTE PROXIMITY TO ADJACENTPROPERTYOAK TREE WITH TRUNK DECAY, ONESIDED CANOPY, POOR STRUCTURE Design & Diversity Criteria PROSPERITY VILLAGE 10.11.2021 INTRODUCTION Prosperity Village will offer customizable homes with minimum three (3) different style options. A color and materials board has been created which allows a few hundred total possible color combinations between wall color, trim, door, and roof. This criterion serves as a foundation to assist buyers with their design customization with a focus resulting in the highest level of quality and aesthetics. DIVERSITY CRITERIA Varying elevation styles and floorplans shall be utilized in order to promote variation between homes and avoid monotonous development. 1. No more than two dwelling units having the same elevation theme (Coastal Modern, Florida Contemporary, Modern) shall be built adjacent to one another. 2. All roofing will be flat concrete tile or metal with color options throughout. Please see specifications below. 3. Example below are of styles and color and variants of heights. 4. Windows shall be all impact glass. No hurricane shutters allowed. 5. Garage doors will be textured and painted neutral or stained with accent. Massing Transection Diagram DESIGN MODIFICATIONS Buyers wishing to build and customize their homes shall submit the following information to the HOA for approval: 1. Approval from the Design Review Board (DRB) 2. Black and white floor plan 3. Black and white elevations 4. Colored elevations identifying colors from the approved color board 5. Typical landscape plan (conforming to the minimum criteria) PROSPERITY VILLAGE DESIGN GUIDELINES 2 6. Cover letter demonstrating the proposed customization meets the minimum requirements and intent of the Design Guidelines. General Criteria HEIGHT No home may exceed two (2) stories or 30 feet in height measured to the median height of a sloped roof or top of a parapet. Roof appurtenances (e.g. chimney, architectural element, etc.) are an exception to the height limitation. IMPERVIOUS AREA No lot shall have more than 70% of impervious area. USE All lots are restricted to single-family detached residential use, designed for and occupied by one (1) family. All homes must be a minimum of 2,800 SF under air. No more than one (1) home may be built on a lot. Buildings accessory to the use of a home may be erected provided they are not used as a dwelling unit and comply with all setbacks and these Design Standards. SETBACKS No structure shall be erected or constructed on any lot within the following minimum building setback areas set forth in the approved on the site plan on file with the Village of North Palm Beach. FENCES AND GATES All fences and gates, unless otherwise provided below, must be black decorative aluminum, galvanized steel picket, or wrought iron and shall be designed as an extension of the architecture. Examples of acceptable fences are below. No other fence material is permitted. Fences and gates shall not unreasonably block preserve views of adjacent Lots. No fence shall be constructed within the front building setback as set forth within the Development Standards. Side yard fences are permitted to be within the side yard setback. No fence shall be constructed on a lot with a height of more than six (6’) feet above finished lot grade. Decorative features, including but not limited to pedestrian archways, lighting, and pillars may exceed this height requirement but shall be no greater than eight (8’) feet in height. Lots directly abutting wooded areas and the south development boundary, along the rear property line, are permitted to utilize green colored vinyl chain link fence on the rear property boundary. PROSPERITY VILLAGE DESIGN GUIDELINES 3 DRIVEWAYS Driveways shall be constructed in such a manner so that the flare of the driveway at the adjoining street curb, gutter or pavement does not extend beyond straight-line projection of the side property line of the lot served by the driveway. Driveways shall be a minimum of 20’ wide for 2- car driveways and a minimum of 30’ wide for 3-car driveways, unless there is a 1-car side-loaded garage as shown in Figure C below. All garages shall be attached to the principal structure. Driveways shall be constructed with decorative pavers consistent with the selections identified on the “Color & Material Board.” Plain concrete, asphalt, mulch, gravel, or Chattahoochee stone are prohibited. Street parking is strictly prohibited. Figure B: Front Loaded 3-Car Garage Figure A: Front Loaded 2-Car Garage PROSPERITY VILLAGE DESIGN GUIDELINES 4 Figure D: Front Loaded 2-Car Garage and Front Loaded 1-Car Garage Combination ABOVE-GROUND STORAGE TANKS OR POOLS No above-ground storage tanks or pools shall be allowed. ACCESSORY STRUCTURES AND ENCLOSURES All accessory structures, including but not limited to, cabanas, BBQs, covered patios, and screen enclosures shall be compatible with the principal structure in both material and configuration, while maintaining required setbacks and standards outlined in the Development Standards. All screen material shall be black. GENERATORS No generators shall be visible from an adjacent lot, common areas, or a street. Generators shall be located adjacent the exterior of the home and shall be screened with a wall or landscape material. All standby generators shall be fueled by natural gas. MAILBOXES An USPS-approved centralized mailbox will be supplied by the community to facilitate mail delivery. Each lot will be assigned a lockbox. GARBAGE Garbage receptacles shall be stored within the garage or placed on the site of the house, provided the garbage receptable has sufficient screening either by an opaque fence or landscape material so that it is not visible from the road or from another neighbor’s lot. Architectural Guidelines PRODUCT TYPES One-story and two-story homes will be utilized throughout the community. All homes must be a minimum of 2,800 SF under air and have a minimum of 2 car garage. ELEVATIONS Elevation styles include variations of Florida Contemporary, Coastal Modern, and Modern styles. Each style and its elements are defined below. Homes located on corner lots and other key location(specifically lots 8, 9, 10, and 11) shall include additional architectural and additional landscape treatments on the elevation facing the side street. 1. Florida Contemporary is defined as a style which utilizes classical elements in a clean and contemporary fashion with quoins and stacked stone accents. Figure C: Front Loaded 2-Car Garage and Side-Loaded 1-Car Garage Combination Figure C: Front Loaded 2-Car Garage and Side-Loaded 1-Car Garage Combination PROSPERITY VILLAGE DESIGN GUIDELINES 5 Elements within the Florida Contemporary style can include • Raised entry portico feature with contemporary detailing and stone veneer • Deep overhang • Medium pitched roof with textured concrete tile • Contemporary molding detail • Stone veneer • Wood veneer • Contemporary garage door • Contemporary front door • Contemporary light fixtures • Decorative stucco detailing • Large glass panels with horizontal mullions • Contemporary molding under overhang • Color contrast between walls and banding, windowsills, and moldings • Recesses in the wall plane 2. Coastal Modern is defined as a style which utilizes British West Indies colonial architectural elements in a modern style. Elements within the Coastal Modern style shall include a minimum of six (6) for standard lots and a minimum of ten (10) for lots with enhanced side and/or rear elevations: • Raised entry portico feature with louvers and outriggers • Deep overhangs with outriggers • High pitched roof with slate textured concrete roof tile • Outriggers • Water table • Shutters • 8” raised stucco headers • Coastal/BWI style garage doors • Coastal/BWI style front door • Coastal/BWI style light fixtures • Vertical casement-look windows with shutters • Brackets under overhang • Color contrast between walls and the banding, windowsills, and molding • Wainscoting • Recesses • Headers 3. Modern is defined as a style which utilizes wood and stone veneer on simple architectural massing to present a clean contemporary look. Simple architectural massing is the PROSPERITY VILLAGE DESIGN GUIDELINES 6 exterior wall massing which is expressed with wood and stone veneer to give texture and character. Elements within the Modern style shall include a minimum of six (6) for standard lots and a minimum of ten (10) for lots with enhanced side and/or rear elevations: • Raised entry portico feature with modern details and stone veneer • Deep overhang • Low pitch roof with smooth concrete roof tiles • Articulated soffit – the raised band under the soffit where the overhang and the wall meet and is used to create a simple decorative transition element • Stone veneer • Wood veneer • Modern garage door • Modern front door • Modern light fixtures • Simple massing • Large fixed glass panels • Raised stucco panels and banding under overhang • Projections • Overhangs • Color contrast between walls, banding, and recesses COLORS All exterior colors, including original and future color must be in compliance with the approved color palette for the community based on the color and materials board. There are a significant number of wall colors, trim colors, door colors, and roof colors to choose from to allow diversity for the community yet still provide a consistent neighborhood feel. No two (2) homes with the same exterior wall color shall be located side by side. VARIED LINES AND SCALE The mass and scale of all buildings shall be visually diverse and appealing through the use of architectural detailing, reveals, windows, patio walls, balconies and varied elevations of roof lines. BUILDING FINISHES Finishes Permitted: • Painted Stucco • Natural stone, pre-cast stone, faux stone • Wood mixed with CBS and Stucco • Shingle siding and board and batten siding mixed with CBS with Stucco. • Brick Finishes NOT Permitted: • Unfinished concrete block PROSPERITY VILLAGE DESIGN GUIDELINES 7 • Reflective or mirrored glass • Raw aluminum • Hardboard or particle board ROOFS A variety of plantation slate and plantation smooth roof, as well as standing seam metal roof options and colors have been determined within the color and materials board. No fasteners may be visible. The roof pitch shall be determined by the style of home. 1. Florida Contemporary: 5/12 roof pitch 2. Coastal Modern: 6/12 roof pitch 3. Modern: 5/12 roof pitch Patio, loggia, or lanai roofs shall be designed with architectural detailing to match that of the Home. LIGHTING The following examples of wall-mounted lights and color options can be used based on the style selected: If lighting options are discontinued, new fixtures can be selected that are consistent with the style and intent of the provided options. 1. Florida Contemporary: Samples Location: Main door on side elevation Hinkley Lighting, Inc. Small Wall Mount Lantern 1220TT/1220BZ Colors: Titanium or Bronze Location: Front elevation on sides of garage Hinkley Lighting, Inc. Medium Wall Mount Lantern 1224TT/1224BZ Colors: Titanium or Bronze PROSPERITY VILLAGE DESIGN GUIDELINES 8 2. Coastal Modern: 3. Modern: ROOF VENTS AND CHIMNEYS All roof-mounted vents or stacks shall be painted to match the color of the roof and be placed on back side of roofs. All chimney stacks shall be the same color as the body of the house. All chimneys shall be capped with either a tile or copper roof and accented with stucco and banding. Each shall be consistent with the style of the structure. Location: Main door on side elevation Hinkley Lighting, Inc. Small Wall Mount Lantern 1000OZ/1000SI Colors: Satin Nickel or Oil Rubbed Bronze Location: Front elevation on sides of garage Hinkley Lighting, Inc. Large Outdoor Wall Mount Lantern 1005OZ/1000SI Colors: Satin Nickel or Oil Rubbed Bronze Location: Main door on side elevation Hinkley Lighting, Inc. Small Wall Mount Lantern 2850TT/2850BZ Colors: Titanium or Bronze Location: Front elevation on sides of garage Hinkley Lighting, Inc. Medium Wall Mount Lantern 2854TT/2854BZ Colors: Titanium or Bronze PROSPERITY VILLAGE DESIGN GUIDELINES 9 REQUIRED GAS APPLIANCES All homes, at minimum, shall have the following natural gas appliances: One (1) on-demand hot water device (e.g. tankless water heater), one (1) gas range; one (1) gas dryer. SWIMMING POOLS, SPAS AND HOT TUBS The design and location of all swimming pools, spas, and hot tubs must be approved in accordance with the setbacks provided for in Development Standards. Direct drainage of water from swimming pools, spas, or hot tubs into any common area, water feature, or adjacent lot shall not be permitted. General Criteria for Landscaping of Custom Lots STREET TREES AND PALMS The developer shall install the minimum street trees or palms per the applicable site plan approval by the City of North Palm Beach. Site conditions will be considered by developer and the Design Review Board (DRB) regarding the positioning of these trees. The developer shall be required to verify the location of all utilities and required offsets. TYPICAL LOT LANDSCAPING Owners are encouraged to customize their lot landscaping. As a minimum, the standards below must be met. Plant Type Size Description * Min Quantity Per Lot SHADE TREES (Oak) 12' HT X 5' SPRD 5” caliper min. FULL AND DENSE, FL #1 GRADE 1 FLOWERING / ACCENT TREES 5'-10' HT X 2.5'-4' SPRD FULL AND DENSE, FL #1 GRADE 1 PALMS (SINGLE TRUNK) 10'-18' OA HT FL #1 GRADE 2 PALMS (DOUBLE TRUNK) 10'-18' OA HT FL #1 GRADE 1 PALMS (TRIPLE TRUNK) 10'-18' OA HT FL #1 GRADE 1 ACCENT SHRUBS 7-25 GAL FL #1 GRADE 3 SHRUBS / HEDGES 7-25 GAL FL #1 GRADE 44 GROUND COVERS 1-3 GAL MIN, 24" OA HT MIN, 36" OC FL #1 GRADE 34 *These quantities are intended as a guide for keeping a standard in the community, special lot circumstances may require alternative compliance. K:\UST\084243\21-025\21-025-306\21-025-306.DGN 10/27/2021 1:30:12 PM K:\UST\084243\21-025\21-025-306\21-025-306.DGN 10/27/2021 1:38:15 PM VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE COMMUNITY DEVELOPMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney Jeremy Hubsch, Community Development Director DATE: October 28, 2021 SUBJECT: ORDINANCE 2nd Reading – Amending Chapter 2 of the Village Code to modify the procedures for civil code enforcement citations. The Village Council first authorized the use of civil citations for code enforcement through the adoption of Ordinance No. 2009-11 on September 10, 2009. While the citation process has not been utilized often in the past, Staff is proposing modifications to the Code to clarify the procedures applicable to the issuance of citations and make them slightly more user friendly. Specifically, the attached Ordinance provides as follows:  Authorizes the park ranger to issue code citations in Village parks;  Substitutes the Code Enforcement Special Magistrate for the Code Enforcement Board; and  Clarifies that a person who fails to request a hearing, fails to pay the fine within the time specified or unsuccessfully challenges the citation is subject to the maximum civil penalty of up to $500.00 plus administrative costs. At its October 28, 2021 meeting, the Village Council adopted the Ordinance on first reading without modification. While Staff originally indicated that this item would be accompanied by a Resolution updating the list of Code sections that may be enforced by citation and adopting a new fine schedule, Staff is still coordinating civil citations with a new parking citation procedures and developing the required forms. Staff anticipates that the Resolution will be placed on the Village Council’s December 9, 2021 agenda. There is no fiscal impact. The attached Ordinance has been prepared by the Village Attorney and reviewed for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval on second and final reading of the attached Ordinance amending Chapter 2 of the Village Code of Ordinances to modify the procedures for the issuance of civil code enforcement citations in accordance with Village policies and procedures. Page 1 of 4 ORDINANCE NO. 2021-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH 3 PALM BEACH, FLORIDA, AMENDING CHAPTER 2, “ADMINISTRATION,” OF 4 THE VILLAGE CODE OF ORDINANCES BY AMENDING ARTICLE VII, 5 “ALTERNATE METHOD OF CODE ENFORCEMENT,” TO MODIFY THE 6 PROCEDURES APPLICABLE TO THE ISSUANCE OF CIVIL CODE 7 ENFORCEMENT CITATIONS; PROVIDING FOR CODIFICATION; PROVIDING 8 FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the Village of North Palm Beach, as a duly organized Florida municipality, 12 possesses the home rule powers conferred upon it by the Florida Constitution and Chapter 166, 13 Florida Statutes; and 14 15 WHEREAS, through the adoption of Ordinance No. 2009-11 on September 10, 2009, the 16 Village Council adopted a new Article VII, “Alternate Method of Code Enforcement,” of Chapter 2 of 17 the Village Code of Ordinances to provide a streamlined process for the issuance and disposition of 18 citations as an alternate method of code enforcement; and 19 20 WHEREAS, the Village Council wishes to amend Article VII to update and clarify the 21 procedures for the issuance of code enforcement citations and allow for the issuance of citations by a 22 park ranger for violations occurring within Village parks; and 23 24 WHEREAS, the Village Council determines that the adoption of this Ordinance is in the best 25 interests of the residents and citizens of the Village. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF 28 NORTH PALM BEACH, FLORIDA as follows: 29 30 Section 1. The foregoing “Whereas” clauses are hereby ratified as true and correct and are 31 incorporated herein. 32 33 Section 2. The Village Council hereby amends Chapter 2, “Administration,” of the Village Code 34 of Ordinances by adopting a new Article VII, “Alternate Method of Code Enforcement,” to read as 35 follows (additional language is underlined and deleted language is stricken through): 36 37 ARTICLE VII. ALTERNATE METHOD OF CODE ENFORCEMENT 38 39 Sec. 2-251. Issuance of citations. 40 41 A code compliance officer, sworn police officer or public safety aide may issue 42 a citation to a person when, based on personal investigation, the officer or aide has 43 reasonable cause to believe that the person has committed a civil infraction in violation 44 of a duly enacted code or ordinance for which enforcement by citation has been 45 authorized., and the For violations occurring within a village park, a citation may be 46 issued by a park ranger. 47 48 49 Page 2 of 4 Sec. 2-252. Hearing. 1 2 The the village's code enforcement board special magistrate will hold a hearing 3 on the violation if the citation is either contested or if the fine applicable civil penalty 4 is not paid within the time specified in the citation. 5 6 Sec. 2-252 253. Form and contents of citation. 7 8 (a) The citation issued by the code compliance officer, sworn police officer 9 or public safety aide shall be in a form prescribed by the Village, and shall contain, at 10 a minimum, the following: 11 12 (1) The date and time of issuance; 13 14 (2) The name and address of the person to whom this citation is issued; 15 16 (3) The date and time the civil infraction was committed; 17 18 (4) A brief description of the violation; 19 20 (5) The number of or section of the code or ordinance violated; 21 22 (6) The name of the issuing officer or aide person; 23 24 (7) The procedure for the person to follow in order to pay the civil penalty 25 or contest the citation; 26 27 (8) The applicable civil penalty if the person elects to contest the citation; 28 29 (9) The applicable civil penalty if the person elects not to contest the 30 citation; and 31 32 (10) A conspicuous statement if the person fails to pay the civil penalty 33 within the time allowed or fails to appear request a hearing before the 34 village's code enforcement board special magistrate to contest the 35 citation, the person shall be deemed to have waived his or her right to 36 contest the citation and that, in such case, judgment may be entered 37 against the person for an amount up to the maximum civil penalty set 38 forth in section 2-255 below. 39 40 (b) After issuing a citation to an alleged violator, an officer or aide the 41 issuing person shall provide the original citation and one copy of the citation to the 42 village's code enforcement division for further processing. 43 44 Sec. 2-253 254. Codes to be enforced by citation. 45 46 The village council shall establish, by resolution, a schedule of the code 47 sections that, due to their nature, lend themselves to enforcement by means of the 48 citation method, in addition to a schedule of penalties for violation of these sections. 49 The schedule of code sections and penalties may be amended at the discretion of the 50 village council. 51 52 Page 3 of 4 Sec. 2-254 255. Right to hearing; maximum penalty. 1 2 (a) Upon receipt of a citation, a person alleged to have violated the village 3 code may request a hearing before the Village's code enforcement board special 4 magistrate and present his or her case to the board. 5 6 (b) All violations shall be considered civil infractions., and the 7 8 (c) The code enforcement board special magistrate may assess a maximum 9 civil penalty not to exceed $500.00, plus the village's administrative costs if the 10 violation is contested and upheld or if the person issued the citation fails to pay the 11 civil penalty or request a hearing within the time specified on the citation. 12 13 Sec. 2-255 256. Failure to accept citation. 14 15 Any person who willfully refuses to sign and accept a citation issued by a code 16 compliance officer, sworn police officer, or public safety aide or other designated 17 person shall be guilty of a misdemeanor of the second degree, punishable as provided 18 in F.S. § 775.082 or F.S. § 775.083. 19 20 Sec. 2-256 257. Provisions additional and supplemental. 21 22 This article constitutes an additional and supplemental means of enforcing the 23 provisions of the village code. Nothing contained in this division shall prohibit the 24 village from enforcing its codes or ordinances by other lawful means. 25 26 Section 3. The provisions of this Ordinance shall become and be made part of the Code of 27 Ordinances for the Village of North Palm Beach, Florida. 28 29 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinances is for 30 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such 31 holding shall not affect the remainder of the Ordinance. 32 33 Section 5. All ordinances and resolutions, or parts of ordinances and resolutions, in conflict 34 herewith are hereby repealed to the extent of such conflict. 35 36 Section 6. This Ordinance shall be effective immediately upon adoption. 37 38 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 39 40 PLACED ON SECOND, FINAL READING AND PASSED THIS ______ DAY OF ___________, 41 2021. 42 43 (Village Seal) 44 MAYOR 45 46 ATTEST: 47 48 49 VILLAGE CLERK 50 Page 4 of 4 APPROVED AS TO FORM AND 1 LEGAL SUFFICIENCY: 2 3 4 VILLAGE ATTORNEY 5 VILLAGE OF NORTH PALM BEACH PARKS & RECREATION TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Zakariya M. Sherman, Director of Leisure Services DATE: November 18, 2021 SUBJECT: ORDINANCE 2nd Reading – Amending Chapter 20 (Parks, Playgrounds and Recreation) of the Village Code of Ordinances to adopt a new Section 20-10 prohibiting Fires and Grills Village Staff is recommending the adoption of an Ordinance amending Chapter 20 (Parks, Playgrounds and Recreation) of the Village Code of Ordinances to adopt a new section prohibiting fires and grills within the limits of any of the Village’s park or recreational areas, including the North Palm Beach Country Club. Background: There have been a number of recent incidents involving people using charcoal or gas grills in Village parks, including Lakeside Park and Anchorage Park. Grills are potential safety hazards due to their ability to burn, char, mar or blemish Village property, including pavilions, picnic tables, benches, trees, and grass. Furthermore, charcoal or propane tanks left in the grassy areas or on the beach without being disposed of properly interfere with the recreational use of such property by Village residents and other members of the public. Staff has received multiple complaints from residents regarding fires and grills in Village parks or recreational areas:  Hot coals dumped on the grass at Lakeside Park, burning a small patch of grass;  Hot coals dumped on the beach at Lakeside Park, posing a safety hazard for those walking on the sand;  Disposable charcoal grills left in the parks on the grass or beach, along with their packaging; and  At Anchorage Park, there have been reports of people grilling under the pavilion. Although the Police Department has assisted Parks and Recreation staff by enforcing existing parks-related ordinances, a clear prohibition of fires and the use of grills that aren’t provided by the Village (ie permanently installed grills) will provide staff with another tool to prevent potential safety hazards and maintenance-related issues in the Village’s park and recreation areas. Ordinance Detail: No person, other than members of village staff or licensed contractors act ing under the authority of the Village, shall build, light or cause to be lighted any fire within the limits of any Village park and recreational area, including the North Palm Beach Country Club. This prohibition shall specifically include fires within any type of suitable container, including, but not limited to, barbeque grills and fire pits. The exception to this prohibition is if the Village provides a grill as an amenity in a park. At its October 28, 2021 meeting, the Village Council adopted the Ordinance on first reading without modification. The attached Ordinance has been prepared and reviewed for legal sufficiency by the Village Attorney. Recommendation: Village Staff recommends Council consideration and adoption on second and final reading of the attached Ordinance amending Chapter 20 of Parks, Playgrounds and Recreation to adopt a new Section 20-10 prohibiting fires and grills in Village parks and recreation areas in accordance with Village policies and procedures. Page 1 of 2 ORDINANCE NO. 2021-___ 1 2 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF 3 NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE I, “IN 4 GENERAL,” OF CHAPTER 20, “PARKS, PLAYGROUNDS AND 5 RECREATION,” OF THE VILLAGE CODE OF ORDINANCES TO ADOPT A 6 NEW SECTION 20-10, “PROHIBITED FIRES AND GRILLS;” PROVIDING 7 FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR 8 CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. 9 10 WHEREAS, the Village wishes to prohibit fires, including those in barbeque grills that are not 11 provided by the Village, within Village park facilities and recreation areas; and 12 13 WHEREAS, the Village Council determines that the adoption of this Ordinance promotes the 14 health, safety and welfare of the residents and citizens of the Village of North Palm Beach. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE 17 OF NORTH PALM BEACH, FLORIDA as follows: 18 19 Section 1. The foregoing recitals are ratified as true and correct and are incorporated herein. 20 21 Section 2. The Village Council hereby amends Article I, “In General,” of Chapter 20, “Parks, 22 Playgrounds and Recreation,” of the Village Code of Ordinances by adopting a new Section 20-23 11 to read as follows (additional language underlined): 24 25 ARTICLE I. IN GENERAL 26 27 * * * 28 29 Sec. 20-11. Fires and grills prohibited. 30 31 No person, other than members of village staff or licensed contractors acting 32 under the authority of the village, shall build, light or cause to be lighted any fire 33 within the limits of any village park and recreational area, including the North Palm 34 Beach Country Club. This prohibition shall specifically include fires within any 35 type of suitable container, including, but not limited to, barbeque grills and fire pits 36 that are not provided by the village. 37 38 Section 3. The provisions of this Ordinance shall become and be made a part of the Code of 39 the Village of North Palm Beach, Florida. 40 41 Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for 42 any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, 43 such holding shall not affect the remainder of this Ordinance. 44 45 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in 46 conflict herewith are hereby repealed to the extent of such conflict. 47 48 Page 2 of 2 Section 6. This Ordinance shall take effect immediately upon adoption. 1 2 PLACED ON FIRST READING THIS _____ DAY OF ________________, 2021. 3 4 PLACED ON SECOND, FINAL READING AND PASSED THIS _____ DAY OF ___________, 5 2021. 6 7 (Village Seal) 8 MAYOR 9 10 11 ATTEST: 12 13 14 VILLAGE CLERK 15 16 17 APPROVED AS TO FORM AND 18 LEGAL SUFFICIENCY: 19 20 21 VILLAGE ATTORNEY 22 VILLAGE OF NORTH PALM BEACH COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Jeremy Hubsch, AICP, Director of Community Development DATE: November 18, 2021 SUBJECT: RESOLUTION – Approving an increase in the purchase order issued to Hy-Byrd Incorporated for building inspection services by $20,425 (for a total amount of $45,425) The Community Development Department has had vacancies for inspector positions for the past few years. Due to difficulties with finding qualified inspectors, the Village has utilized a variety of firms to provide contract building inspection services. During Fiscal Year 2020, the Village solicited quotes for building inspection services from four firms, and Hy-Byrd Incorporated provided the lowest quote of $65.00 per hour. The Village subsequently issued a purchase order to Hy-Byrd in the amount of $25,000 for Fiscal Year 2020. This amount was carried over into the Fiscal Year 2021 budget and the services provided by Hy-Byrd during Fiscal Year 2021 exceeded the amount of the purchase order by $20,425. Because the total amount paid to this vendor for the prior fiscal year exceeds $25,000, the Village’s purchasing policies and procedures require Village Council approval to pay the vendor for services already performed. The additional cost will be offset by salary and benefit savings from the vacant positions. The attached Resolution has been prepared and/or reviewed for legal sufficiency by the Village Attorney Account Information: Fund Department Account Number Account Description Amount General Fund Building A6019-33190 Professional Services $20,425 Recommendation: Village Staff requests Council consideration and approval of the attached Resolution increasing the amount of the purchase order issued to Hy-Byrd Incorporated for Fiscal Year 2021 by $20,425 (for a total amount of $45,425), with funds expended from Account No. 6019-33190 (Building – Professional Services), in accordance with Village policies and procedures. RESOLUTION NO. 2021-____ A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, APPROVING AN INCREASE IN THE PURCHASE ORDER ISSUED TO HY-BYRD INCORPORATED FOR BUILDING INSPECTION SERVICES FOR FISCAL YEAR 2021 BY $20,425; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, during Fiscal Year 2020, the Village solicited quotes for building inspection services from four firms, and Hy-Byrd Incorporated provided the lowest quote of $65.00 per hour; and WHEREAS, the Village subsequently issued a purchase order to Hy-Byrd in the amount of $25,000 for Fiscal Year 2020, and this amount was carried over into the Fiscal Year 2021 budget; and WHEREAS, the services provided by Hy-Byrd during Fiscal Year 2021 exceeded the amount of the purchase order by $20,425; and WHEREAS, because the total amount paid to this vendor for the prior fiscal year exceeds $25,000, the Village’s purchasing policies and procedures require Village Council approval to pay the vendor for services already performed; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, as follows: Section 1. The foregoing recitals are ratified and incorporated herein. Section 2. The Village Council hereby approves an increase in the amount of the purchase order issued to Hy-Byrd Incorporated for Fiscal Year 2021 by $20,425 (for a total of $45,425), with funds expended from Account No. A6019-33190 (Building – Professional Services). Section 3. This Resolution shall be effective retroactive to September 30, 2021. PASSED AND ADOPTED THIS DAY OF , 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK VILLAGE OF NORTH PALM BEACH VILLAGE MANAGER’S OFFICE TO: Honorable Mayor and Members of the Village Council FROM: Andrew D. Lukasik, Village Manager DATE: November 18, 2021 SUBJECT: RESOLUTION – Amendment to the FY2021-2022 Comprehensive Pay Plan to Include an Additional Part-Time Functional Manager Position Village staff is recommending Village Council’s adoption of a resolution amending the FY2021-2022 Comprehensive Pay Plan by adding a part-time Functional Manager position. The primary purpose of the added position is to assist the Village Manager and Director of Public Works with the evaluation of options related to the Public Works facility. Background: As the Village Council is aware, the existing Public Works facility does not adeq uately serve the needs of the Department. There are several challenges related to the existing site:  The size of the lot does not adequately serve the needs of the Department. The Village has been able to make the site work by leasing spaces for parking for staff at the Unitarian Church for a nominal cost of $5,700/year. However, the site creates some inefficiencies due to the limited size and the amount of equipment that is needed to serve the Village.  Infrastructure on site is beginning to fail. For instance, capital investments on site will be needed for the wash plant and stormwater drainage as flooding and quality of discharged water are issues.  The facility is immediately adjacent to residential uses on its north and west property lines. Because of the size of the lot, the only location to park equipment – namely sanitation vehicles – is along the property lines. Because of these issues, the Village has to explore whether to relocate the facility or to improve the existing site. Having more space for the facility would be optimal, but the market may prove to make relocating difficult from a cost-benefit perspective. The relocation of Public Works, however, would create an opportunity for the Department of Community Development (Building, Code Co mpliance and Planning) to have a permanent location as well. Currently, office space for the Community Development Department is being rented at The Shops at Village Square. Not only does the Village have the ongoing rental expense for this space, it isn’t organized effectively for the Department’s purposes. There are property options available that are all unique in terms of the improvements required. Coordination of these efforts will be time consuming, and existing staffing capacity is unable to adequately address them. Part-Time Position: As staff has begun working on implementation of the Capital Improvement Plan, it is becoming clear that the Village doesn’t have the capacity to coordinate the scope of work necessary to initiate planning for the future Public Works facility, whether it is on the existing site or another site. Staff is proposing to reinstate the Part-Time Functional Manager position to assist with this analysis. The position was housed in the Parks and Recreation Department last fiscal year, but was eliminated as part of the financial plan for FY2022. The overall budget does not need to be increased to accommodate this position due to availability of anticipated salary savings and available contingencies. It is anticipated that the cost of this work will be about $20,000 in dedicated staff time this year. Staff’s intent is to re-employ Russ Ruskay, who recently served as the Village’s Director of Park and Recreation and Functional Manager in Parks and Recreation. Mr. Ruskay has experience with all facets of the analysis that must be completed for the Public Works facility. He was involved in a number of facility needs assessment and construction projects and coordinated environmental analysis and property acquisition activities in his roles as Director of Parks and Recreation and Business Development Director in Jupiter. Although Mr. Ruskay was hired by the Village following a team interview process, it is important to note that the Village Manager and Mr. Ruskay worked together in the Town of Jupiter and continue to maintain a personal friendship. The attached Resolution has been prepared by the Village Attorney. Recommendation: Village Staff requests Council consideration and approval of the attached resolution amending the FY2022 Comprehensive Pay Plan by adding a part-time Functional Manager position. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA AMENDING THE COMPREHENSIVE PAY PLAN ADOPTED AS PART OF THE FISCAL YEAR 2022 BUDGET TO INCLUDE A PART-TIME FUNCTIONAL MANAGER POSITION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Ordinance No. 2021-17 (“Budget Ordinance”) on September 23, 2021, the Village Council adopted the Comprehensive Pay Plan as part of the annual budget for Fiscal Year 2022; and WHEREAS, Section 5 of the Budget Ordinance authorizes the Village Council to revise the Comprehensive Pay Plan by Resolution during the course of the Fiscal Year; and WHEREAS, at the recommendation of Village Staff, the Village Council wishes to amend the Comprehensive Pay Plan to include a part-time Functional Manager position; and WHEREAS, the Village Council determines that the adoption of this Resolution is in the best interests of the Village and its residents. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby amends the Comprehensive Pay Plan for Fiscal Year 2022 to include the part-time position of Functional Manager at Pay Grade 115. Section 3. All other provisions of the Comprehensive Pay Plan, to the extent not specifically modified herein, shall remain in full force and effect as originally adopted. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____ DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK FUNCTIONAL MANAGER (PART-TIME) DEPARTMENT: Varies FLSA STATUS: Exempt UNION STATUS: Non-Union PAY GRADE/RANGE: 115 / $26.26 - $42.01 per hour NEW: 01/31/2020 CLASSIFICATION SUMMARY The Functional Manager works collaboratively with Village and departmental staff in the planning and implementation of function, program and project initiatives and objectives. This position reports to a senior level administrator, i.e., Department Director, Chief or Village Manager. ESSENTIAL FUNCTIONS • Engages with internal and external personnel (e.g., other administrators, Village staff, vendors, auditors, public agencies, community members, etc.) for the purpose of implementing and/or maintaining services and programs. • Ensures the assigned function, program or project complies with established administrative standards and requirements and develops/modifies policies, procedures and guidelines in response to legislative changes and decisions. • Compiles data from a wide variety of sources which provide essential information in understanding and analyzing issues, complying with administrative policies and procedures and monitoring program components. • Coordinates specific departmental operations, directs the maintenance of services and th e implementation of new programs or processes and adheres to timelines and regulatory standards and requirements. • Initiates and maintains documentation, audit records, and pertinent files applicable to the assigned functional area, program and/or project in accordance with Village and departmental policies. • Evaluates progress and success of the assigned function, pro gram or project and prepares recommendations for modifications and/or improvements based on the Village’s best interest. • Maintains current knowledge of industry trends and jurisdictional developments directly related to the assigned functional area for application and/or implementation purposes. • Facilitates meetings, workshops, seminars, etc. in order to understand and identify issues related to updating and implementing Village policies, procedures and directives. • Researches new products/programs, laws, regulations, grant opportunities, etc. which lend support to making sound decisions regarding large-scale purchases, contracts, initiatives, etc. (The above list of essential functions is not meant to be all inclusive. Other duties may be required and assigned.) MINIMUM QUALIFICATIONS • Bachelor’s degree in public administration, business administration, or field relevant to the assigned function, project, program or specialized area. • Extensive successful experience in managing and coordinating function, program and/or project elements and • objectives, preferably in a government-oriented or similar institutional environment. • Valid professional certifications/licenses applicable to the assigned function, program or project. • Knowledge of local, state and federal regulatory standards and requirements associated with assigned work as well as applicable Village policies, procedures and guidelines. • Evidence of effective oral and written communication skills in conjunction with the ability to prepare complex reports and make formal presentations to Village Council, advisory boards/committees, etc. • Demonstrated ability to work with culturally and economically diverse groups. • Knowledge of current computing technologies and software applications appropriate to the position’s job responsibilities. FUNCTIONAL MANAGER 2 PHYSICAL REQUIREMENTS Tasks may involve the intermittent performance of physically demanding wo rk, typically involving some combination of reaching, bending, stooping, kneeling, or crouching, and may include the lifting, carrying, pushing and/or pulling of objects and materials of moderate weight (20-50 pounds). ENVIRONMENTAL REQUIREMENTS Depending upon the area of assignment, tasks may be performed indoors in normal office conditions and/or in the outdoors with possible exposure to adverse environmental conditions, such as heat, humidity, inclement weather, temperature extremes, ultraviolet rays, etc. VILLAGE OF NORTH PALM BEACH GENERAL EMPLOYEES RETIREMENT SYSTEM MINUTES: AUGUST 3, 2021 1. Jim Peterson called an electronic meeting of the Board to order at 9:05 AM and called roll. Those persons present included: TRUSTEES James Peterson, Chairman Alan Kral, Trustee Jane Lerner, Trustee Paul Wieseneck, Trustee OTHERS Scott Baur and Amanda Kish, Administrator (Resource Centers) Blake Myton, Investment Consultant (SunTrust) Bonni Jensen, Attorney (Klausner Kaufman Jensen & Levinson) Dina Lerner, Actuary (GRS) 2. APPROVAL OF MINUTES The Trustees reviewed the Minutes for May 4, 2021. Trustee Paul Wieseneck moved to approve the Minutes May 4, 2021, Trustee Alan Kral seconded the motion and the motion passed unanimously. 3. REPORTS Attorney: Klausner Kaufman Jensen & Levinson (Bonni Jensen) Mrs. Jensen informed the Trustees on the status of their form 1. Mrs. Jensen addressed the cyber liability insurance and the large fee increase. The service providers engaged by the Board have cyber liability insurance. Mrs. Jensen suggested looking into the Village coverage. The Board requested attorney to reach out to the city manager. Actuary: GRS (Dina Lerner) Mrs. Lerner presented the experience study to the Board. She reviewed the recommended assumption changes. Mrs. Lerner explained the assumption changes for salary increase, future retirement, separation assumption, cost of living and investment return assumption in detail. The Board held a lengthy discussion regarding the assumption changes. Mrs. Lerner explained that the assumption changes would have a positive effect on the plan. The investment return assumption will cost very little due to this year’s gains. Trustee Paul Wieseneck moved to approve the all the presented Assumption Changes and lowering the Investment Return to 6.25%. Trustee Alan Kral seconded the motion and the motion passed unanimously. Investment Consultant: SunTrust (Blake Myton) Mr. Myton informed the Board of the merger of Truist a nd Suntrust. He stated that he will continue to be the plan’s investment manager. The merger will not change anything for the plan. Mr. Myton addressed the board on the performance of the plan for the 4th quarter. He stated that the 4th quarter had great returns He continued to review the market environment and global returns. Returns on total portfolio was 5.53% compared to the benchmark of 5.39% The fiscal year return was 18.03% compared to the benchmark of 16.26%. Total equity was 7.29%verus 7.79%. While fixed income and short term were 2.58% and 1.83% respectively. The Russell 3000 reflected 0.00% and the Bloomberg-Barclays Aggregate Bond was 0.01% The portfolio market value as of June 30, 2021, was $20 million. This is reflective of a net gain of $1 million due to a market rebound. Mr. Myton continued to review the portfolio and changes made. Mr. Myton addressed the current acquisition of SunTrust to Truist. He stated that the Investment firm will be Sterling Capital and he will continue to be the Consultant for the plan. The firm will make very little changes to the investment approach. The asset will be traded within a day and will not take a loss. Mr. Myton reviewed the fee changes for Sterling Capital. He stated that the fees are a bit of saving for the plan. The Board held a discussion regarding the consultant firm change. The Board recommended the attorney review the contract prior to signature. Paul Wieseneck made a motion to approve the quarterly investment report. The motion received a second from Jim Peterson, approved by the Trustees 4-0. Paul Wieseneck made a motion to approve the transition to Sterling Capital and the proposed fees. The motion received a second from Jane Lerner, approved by the Trustees 4-0. Administrator Report: Resource Centers (Amanda Kish & Scott Baur) 4. PLAN FINANCIALS The Board reviewed the Warrant dated August 3, 2021. Trustee Paul Wieseneck moved to approve warrant dated August 3, 2021, and Trustee Alan Kral seconded the motion and the motion passed. 5. OTHER BUSINESS Mrs. Kish addressed the recent cost of living that will be effective October 1st. The plan actuary can calculate the cost- of-living increase, but will charge an additional fee. Mrs. Kish asked the Board if they would like the COLA processed between meetings, so the members are not due a retrospective payment. The Board held a discussion regarding the fee and the processing of the cost-of-living adjustment payments. Trustee Paul Wieseneck moved to approve the Cost-of-Living Calculations to be completed by the Plan Actuary and processing the payments between meetings, and Trustee Alan Kral seconded the motion and the motion passed. 6. PUBLIC COMMENTS No members of the public had any comment 7. ADJOURNMENT There being no further business and the Board having previously scheduled the next regular meeting for Tuesday, November 2, 2021 @ 9:00 AM, Paul Wieseneck made a motion to adjourn the meeting at 9:57 AM. The motion received a second from Alan Kral, approved by the Trustees 4-0. Respectfully submitted, Myrna Williams, Secretary VILLAGE OF NORTH PALM BEACH PLANNING COMMISSION REGULAR MEETING MINUTES TUESDAY OCTOBER 5, 2021 Present: Cory Cross, Chairman Donald Solodar, Vice Chair Thomas Hogarth, Member Jonathan Haigh, Member Kathryn DeWitt, Member Scott Hicks, Member Nathan Kennedy, Member Len Rubin, Village Attorney Jeremy Hubsch, Community Development Director Alex Ahrenholz, Principal Planner Council Member: Darryl Aubrey, Mayor I. CALL TO ORDER Chairman Cross called the meeting to order at 6:30 PM. A. ROLL CALL All members of the Planning Commission were present. II. APPROVAL OF MINUTES The Minutes of the September 14, 2021 Regular Meeting were approved as written. III. DECLARATION OF EX PARTE COMMUNICATIONS Ms. DeWitt and Mr. Haigh declared that they have had a conversation with the applicant. IV. QUASI JUDICIAL MATTERS / PUBLIC HEARING Attorney Len Rubin swears in all persons speaking. A. SITE PLAN AND APPEARANCE REVIEW 1. 2021-0105 Old Port Cove Application by Cotleur & Hearing on behalf of SHM Old Port Cove, LLC requesting a major PUD amendment for an increase to the permissible outdoor seating. Ms. Nicole Plunkett, Cotleur & Hearing, 1934 Commerce Ln., Suite 1, Jupiter, 33458, was present to represent the project. Minutes of Village Planning Commission Regular Meeting held on October 5, 2021 2 Ms. Plunkett presented the application for a Major Planned Development Amendment for the Old Port Cove Marina CPUD. Specifically, the Applicant seeks amend Ordinance Number 2011-20 to increase the permissible outdoor seating area to allow for 30 seats. The applicant is proposing the addition of two Podocarpus hedges, one between the columns of the raised seating area and the other to screen existing equipment. The applicant is also requesting to modify a condition of approval to allow utilization of the outdoor seating area up to 9:00 PM each night. This will allow the kitchen to remain open until 8:30 PM, whereas by closing at 8:00 PM, the kitchen would have to shut down at 7:30 PM, which is prime dinner service hour. The applicant has withdrawn the request for an outside vendor and removed the 680 square foot “retail café” from the restaurant building, based on feedback from their last presentation. Mr. Ahrenholz provided information regarding the emails that have been sent to Community Development and the Village Clerk’s Office. A total of 36 have been received with 20 emails in support of the Applicant and 16 opposed. There was also a petition sent out by Belle’s to residents and SHM members, resulting in 81 signatures in support of the Applicant. Of the 81, it appears half are Old Port Cove residents and half were marina members. More signatures have been submitted just prior to the meeting. The Chairman asked for comments from the public via Zoom. Ann Medina, 122 Lakeshore Dr. #G38, spoke in opposition to the project. Nancy Weaver, 124 Lakeshore Dr. #PH28, spoke in opposition to the project. Julia Northrup, 122 Lakeshore Dr., spoke in opposition to the project. Pamela Stultz, 122 Lakeshore Dr. #332, spoke in opposition to the project. Annmarie Chosson, 124 Lakeshore Dr. #429, spoke in opposition to the project. Ronald Hellman, 122 Lakeshore Dr. #732, spoke in opposition to the project. Ken Stier, 100 Lakeshore Dr. #2052, spoke in favor of the project. Lloyd Surgent, 230 E. Illinois #505, Chicago, IL, spoke in favor of the project. The Chairman asked for comments from the public. Gary Pires, 120 Lakeshore Dr. #535, North Palm Beach, spoke in opposition to the project. Steve Cohen, 108 Lakeshore Dr. #539, North Palm Beach, spoke in opposition to the project. Stacy Carr, 126 Lakeshore Dr. # 1125, North Palm Beach, spoke in favor of the project. Cynthia Miller, 120 Lakeshore Dr. #1137, North Palm Beach, spoke in favor of the project. Scott Burns, 1200 Marine Way, #PH2, North Palm Beach, spoke in favor of the project. Jack Land, 120 Lakeshore #235, North Palm Beach, spoke in opposition to the project. Jackie O’Meara, 124 Lakeshore Dr. #PH31, North Palm Beach, spoke in opposition to the project. John Rothburg, 134 Lakeshore Dr., North Palm Beach, spoke in opposition to the project. Mary Ann Garwood, 122 Lakeshore Dr. #T33, North Palm Beach, spoke in opposition to the project. Robbie Liefer, 124 Lakeshore Dr. #830, North Palm Beach, spoke in opposition to the project. Kathleen Durning, 120 Lakeshore Dr. #835, North Palm Beach, spoke in opposition to the project. Raymond Taylor, 115 Lakeshore Dr. #1449, North Palm Beach, spoke in favor of the project. Pat Friedman, 1208 Marine Way #AG6, North Palm Beach (POA Rep), spoke in opposition to the project. The Chairman closed the public comments. Minutes of Village Planning Commission Regular Meeting held on October 5, 2021 3 Ms. Plunket addressed the concerns raised during the public comments, specifically noise and parking. She states that as a condition of approval no amplified music will be allowed and the applicant agrees with that condition. She next addressed the parking issues raised, and stated that another condition of approval is the Applicant shall conduct a Parking Study, certified by a Traffic Engineer, twelve (12) months subsequent to the Village' s issuance of the permit for the outdoor seating area. The Parking Study shall evaluate the effectiveness of the parking strategies employed by the Applicant on site. Upon review of the Parking Study and any other relevant data, including, but not limited to, independent review by the Village, should the Village' s Community Development Director determine that the parking on the Property is not performing effectively, the Village reserves the right to require additional parking strategies and requirements, including, but not limited to, the increased use of valet parking or shuttle service. The imposition of additional parking strategies and requirements shall not require amendment to this Ordinance. Jim Nestor, General Manager, SHM Old Port Cove, 116 Lakeshore Dr., also addressed the concerns of the public comments and the Planning Commission members. The Chairman opened the floor for additional questions or comments from the Public. Jim Gilbert, Quay North #822, spoke in opposition to the project (via Zoom). Karen O’Connel, 122 Lakeshore Dr. #PH32, spoke in opposition to the project (via Zoom). Louis Portman, 130 Lakeshore Dr. #1022, spoke in opposition to the project (in person). The Chairman closed the public comments. The Planning Commissions members discussed whether residents of Old Port Cove need to be members of the Yacht Club to utilize the restaurant; whether the petitions sent out by Belle’s were sent to residents of Old Port Cove or to outside members; discussion regarding parking and noise, and a possible compromise; whether the number of boat slips is correct – 145 as stated in meeting packet or 202 as listed in membership documents; whether the applicant would be willing to drop four tables on the north side and utilize the existing building and additional planting as a buffer; and whether there are plans for umbrellas to be used on the outdoor tables. Motion: Mr. Solodar moved to recommend to Village Council to deny the application as submitted. Mr. Hicks seconded the motion, which passed 4-3, with Mr. Hogarth, Ms. DeWitt and Mr. Haigh voting nay. V. ADMINISTRATION MATTERS A. Staff Updates:  200 Yacht Club Dr. project will be coming before the Planning Commission next month. It’s the first major project under the new code.  The next Planning Commission meeting will be scheduled for the second Tuesday of November due to Election Day scheduled for the first Tuesday. B. Commission Member Comments:  Status of the Prosperity Village project now that they have started clearing the land.  Is there a procedure for residents when they encounter Gopher Tortoises in the street. Minutes of Village Planning Commission Regular Meeting held on October 5, 2021 4  Discussion regarding the size of mega boats moored behind residential homes.  Discussion regarding the Camelot property as it is preparing for demolition. VI. ADJOURNMENT With there being no further business to come before the Board, the meeting adjourned at 8:36 PM. Minutes typed by Jane Lerner VILLAGE OF NORTH PALM BEACH LIBRARY ADVISORY BOARD MEETING MINUTES OCTOBER 26, 2021 I. CALL TO ORDER Chairperson Christine DelGuzzi called the meeting to order at 7:03 PM. II. ROLL CALL Present: Julie Morrell Library Manager Christine DelGuzzi, Chairperson Phyllis Wissner, Vice Chairperson Carolyn Kost, Member Brad Avakian, Member Tina Chippas, Member Leslie Metz, Member Excused: Bonnie Jenkins, Secretary III. APPROVAL OF MINUTES Minutes for the September 28, 2021 meeting were presented. Motion for approval made by Carolyn Kost, seconded by Phyllis Wissner, and passed unanimously. IV. LIBRARIAN’S REPORT Library Manager Julie Morrell reported the following: The Library’s AC Unit broke, but fortunately Public Works had a spare one which they installed within two days. A 2 hour power loss in the Village created a breaker issue at the Library, causing the power outage to last additional time at the building. The outage also potentially caused an issue with the elevator, which ceased working but was repaired within five days. The Obert Room’s doors were regrouted at the base to correct a trip hazard. Two new desks were ordered to replace old ones, but were received with incorrect tops. The vendor was notified and the Library is currently awaiting delivery of the correct tops. Carpet samples and quotes are being received, for replacement during the air handler installation timeframe. Staff member Ylana Luigi has resigned, and a library clerk position remains open. In Children’s Programming, Storytimes, Crazy 8’s Math Club, and Read for the Record of the book Amy Wu and the Patchwork Dragon were mentioned. For Teen Programming, the Haunted House was the main discussion point, with details on the food truck safety restrictions, event activities, current ticket sales and costume contest information. The Board members were treated to a tour of the Haunted House that was under construction. Additionally the School’s Out for Teens SOFT) program was mentioned. For Adult Programming, the following were mentioned: Knit and Crochet group continues to meet on Mondays; Quilters were cancelled due to low attendance but will resume in October The Camera Club’s October meeting had 21 attendees. Yoga in the Park had five attendees. The Book Club had 10 attendees, and future meetings will be conducted in person. The Adult Craft event reached capacity at 22 attendees, and made Halloween hand soap containers. A suggested event is to host a Bingo night, with funds raised through the sale of Bingo cards. It could potentially be a Family Bingo night. The Books & Bites event at the Country Club went well, with 37 attendees. The only issue was parking, which is hoped to be corrected for the next event. The Historical Society of the Palm Beaches has emailed the Library about hosting a “Postcards from Palm Beach” exhibit in the near future. Holiday events are in the planning process, and will include the annual trolley tour and visits with Santa. In Friends of the Library news, last month’s raffle sponsored by Palm Beach Creamed Honey earned $358 for the Library. The current raffle is for a $100 Publix gift card along with a Thanksgiving centerpiece. In the current circulation statistics, total circulation in FY 2021 has increased, with e- circulation showing significant increases over FY2020. V. OLD BUSINESS There was none. VI. NEW BUSINESS There was none. VII. QUESTIONS AND ANSWERS Questions were raised regarding the following: If the Library would be holding its Bake Sale this year. The response was that it was not determined as of yet, but the Christmas Boutique will be held upstairs on December 7, 2021. The next author luncheon will be held in December. Author Michael Donahue will be hosted at the Library on November 16. VIII. ADJOURNMENT A motion to adjourn the meeting was made by Carolyn Kost and seconded by Tina Chippas. The meeting was adjourned at 7:30 PM. The next meeting will be held on Tuesday, November 23, 2021 at 7:00 pm in the Library Obert Room. Respectfully submitted by Christine DelGuzzi on October 28, 2021. Village of North Palm BeachParks and Recreation Needs Assessment November 18, 2021Village Council Presentation OUTLINE: 1.Scope of Work 2.Needs Assessment Findings 3.Recommendations 4.Questions, Discussion 2 Preliminary Implementation Framework Existing Conditions Analysis Needs and Priorities Assessment Visioning Workshop Long-Range Vision Implementation Workshop, Refined Strategy Approval, Adoption Phase One Implementation BARTH ASSOCIATES APPROACH Part 3 -Recommendations 3.1 Visioning Workshop: Conduct up to 4 on-line visioning sessions, 1 –2 hours each, to discuss alternative responses to resident’s needs and priorities. 3.2 Short and Long-Range Vision and Recommendations: Based on the findings from the tasks above, develop short and long-range recommendations, maps or illustrations for the parks and recreation system. 3.3 Vision and Recommendations: Prepare a PowerPoint presentation summarizing the short and long-range vision and recommendations, and present the findings to the City Council and RAB via on-line meetings. REMAINING SCOPE OF WORK OUTLINE: 1.Scope of Work 2.Needs Assessment Findings 3.Recommendations 4.Questions, Discussion 5 PRIMARY DATA: Quantitative Techniques: •On-line Survey, 751 Participants •Existing Level-of-Service Analysis •Benchmarking Qualitative Techniques: •Virtual Public Workshop, 15 Participants •Interviews and Focus Groups Meetings, 61 Participants •Park Evaluations •Analysis of Programs and Services SECONDARY DATA: •Demographics, Census Data •Previous Planning Documents PRIMARY - Quantitative PRIORITY NEEDS NEEDS AND PRIORITIES ASSESSMENT –A MIXED-METHODS, TRIANGULATED APPROACH PRIMARY - Qualitative SECONDARY 1. LEVEL-OF-SERVICE ANALYSIS | ACREAGE(LOS calculations do not include golf course or state parks) 4.4 3.8 6.0 6.8 7.5 0.0 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 Village of North Palm Beach (2020) Village of North Palm Beach (Future Buildout) NRPA Benchmark 1 - Lower Quartile NRPA Benchmark 1 - Median NRPA Benchmark 1 - Upper Quartile LEVEL-OF-SERVICE ANALYSIS | ACCESS LEVEL-OF-SERVICE ANALYSIS | FUNDING + STAFFING $89.00 $85.66 $83.00 $84.00 $85.00 $86.00 $87.00 $88.00 $89.00 $90.00 NRPA Benchmark - Median Village Operating Budget Per Capita 9.6 3.8 0 2 4 6 8 10 12 NRPA Benchmark - Median Village FTEs per 10,000 2. PARK EVALUATIONS •4 Evaluation Categories •32 Evaluation Subcategories •Proximity, Access, Linkages •Comfort and Image •Uses, Activities, and Sociability •Buildings and Architecture Community Center/ ParkOsborne Park Anchorage ParkLakeshore ParkCountry Club Tennis and PoolAverageTOTAL SYSTEM AVERAGES 3.7 3.4 3.6 3.5 4.7 3.8 PROXIMITY/ACCESS/LINKAGES 4.0 3.5 3.2 2.8 3.8 3.5 Visibility from a distance 4 3 4 3 4 3.6 Ease in walking to the park 5 5 4 4 4 4.4 Transit Access 5 5 3 2 4 3.8 Clarity of information/signage 2 2 2 2 3 2.2 ADA Compliance 4 3 3 3 4 3.4 Lighting 4 3 3 3 4 3.4 COMFORT & IMAGE: 3.8 3.6 3.8 3.9 4.9 4.0 First Impression / overall attractiveness 4 3 4 4 5 4.0 Feeling of safety 4 4 4 4 5 4.2 Cleanliness/overall quality of maintenance (Exterior Site)4 4 4 4 5 4.2 Cleanliness/overall quality of maintenance (Facilities Interior)4 4 4 - 5 4.3 Comfort of places to sit 3 3 3 4 5 3.6 Protection from bad weather 4 4 3 3 4 3.6 Evidence of management /stewardship (Exterior Site) 4 3 4 4 5 4.0 Evidence of management /stewardship (Facility(ies) Interior) 4 4 4 - 5 4.3 Ability to Easily Supervise and Manage 4 4 4 - 5 4.3 Condition and Effectiveness of any Equipment or Operating Systems 4 4 4 - 5 4.3 Branding 3 3 4 4 5 3.8 LEGEND Needs Improvement 1.0-1.9 2.0-2.9 Meets Expectations 3.0-3.9 4.0-4.9 Exceeding Expectations 5.0 PARK EVALUATIONS •Average 3.8 out of 5 (room for improvement) •Disparity in quality, level-of - activity, and level-of- maintenance between east (Anchorage, Country Club, Lakeside) and west (Community Center, Osborne) •Goal should be to eventually improve all Village parks to the same quality of design, maintenance, and programming as Country Club (4.7 out of 5) 12 3. ON-LINE SURVEY 31.95% 48.80% 12.43%5.08%1.34%0.40% Very satisfied Satisfied Neutral Dissatisfied Very dissatisfied Don't know 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% Overall, how satisfied are you with the parks and recreation facilities provided by the Village of NPB? ON-LINE SURVEY 18.97% 33.33% 25.94% 4.18%0.28% 17.29% Very satisfied Satisfied Neutral Dissatisfied Very dissatisfied Don't know 0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% Overall, how satisfied are you with the parks and recreation programs provided by the Village of NPB? ON-LINE SURVEY 32.76% 22.36% 16.38%15.67%13.39%12.68%9.83%6.98%4.84%2.56%2.42%0.57% 0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% Please CHECK ALL of the factors that prevent you or your household from using Village of NPB parks and programs more frequently: ON-LINE SURVEY Top 5 ways to be kept informed about Village programs and special events: 70.61% 58.64%55.61%52.88% 44.39% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% Newsletter – digital, e-mailed Social Media (Facebook, Twitter, Next door, etc.) Village website Newsletter – printed, mailed Text messages and alerts NEEDS ASSESSMENT SUMMARY Recreation Facilities On-line Survey Virtual Public Meeting Interviews & Focus Groups Level of Service Analysis Bike lanes and trails 51%NA Trees for shade 50%NA Walking paths 50%NA Shade over playgrounds 41%NA Kayak and paddleboard launches 38%NA Trash buckets 36%NA Amenities for birthdays 35% Improved maintenance at existing parks 35% More fishing piers, docks, and boardwalks 35%NA Restrooms 34%NA Community gardens 33%NA Improved playgrounds 32%NA Splash pads and water features 32%NA Central gathering spaces for community events 31%NA Shaded benches along sidewalks 29%NA NEEDS ASSESSMENT SUMMARY Programs and Special Events On-line Survey Virtual Public Meeting Interviews & Focus Groups Program Assessment Special Events Paddling (paddleboard, kayaks)35% Nature/ environmental education 27% Walking 26% Community service hours 26% Youth sports 24% Sailing 20% Learn-to-Swim 19% Parents’ night out, child care 19% Pickleball 18% After-school 18% Instructional sports skills programs for young kids 18% Archery 17% Girls’ programs 15% Pre-school 14% Van trips for retirees (senior program)14% OUTLINE: 1.Scope of Work 2.Needs Assessment Findings 3.Recommendations 4.Questions, Discussion 19 “A standard for parks and recreation cannot be universal, nor can one city be compared with another even though they are similar in many respects” NO STANDARDS VISIONING TOPICS 1. Bikeways, Trails & Walks 2. Park Improvements 3. Park Maintenance 4. Programs & Special Events . 1. BIKEWAYS, TRAILS AND WALKS -Vision •An interconnected, Village-wide network of safe, shaded complete streets, alleys, sidewalks, and bike lanes for bicycle, pedestrian, and golf cart circulation; and •Wide, multi-purpose trails within parks BIKEWAYS, TRAILS AND WALKS -Recommendations •Develop a Village-wide Bicycle/Pedestrian Master Plan (apply to the PB TPA for funding, up to $50k). Include detailed implementation strategy, e.g. grants, dedicated funding source, metrics such as miles/ year •Place special emphasis on Lighthouse Drive, Prosperity Farms Road, Anchorage Drive, U.S. 1 •Incorporate the master plan into the Village Comprehensive Plan •Create a Steering Committee to prioritize projects; select top priority corridors for funding •Hold a pre-application meeting with Palm Beach Transportation Planning Agency (TPA) incl. conceptual design, typical section, cost estimate, aerial map and photos •Potential applications for three different funding programs: Transportation Alternatives for non-motorized infrastructure; Local Initiatives incl on-road golf cart lanes, transit; State Road modifications (Deadline February 18) •Expand trails at existing parks including Community Center, Osborne Park, Golf Course •Include amenities along trails, e.g., drinking fountains, shade trees, fitness stations, dog stations, benches •Design parks as trailheads 24 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% Below is a list of potential overall improvements to the Village’s parks. Please check all that you would support: Responses 2. PARK IMPROVEMENTS –On-Line Survey Support for improvements to the Village’s parks: PARK IMPROVEMENTS –On-Line SurveyTop 5 list of potential overall improvements to specific parks: Anchorage Park Osborne Park Lakeside Park County Club Tennis and Pool Community Center/ Park 1 Trees for shade Trees for shade Restrooms Discounts for residents Trees for shade 2 Improved playground with shade Walking paths Additional parking Food-truck nights Improved playground 3 Kayak and paddleboard launch Restrooms Resident parking sticker/passes Resume pool parties, social events Community gardens 4 Trash buckets Improved playground Foot-washing station Summer memberships for families Shaded benches along sidewalks 5 Amphitheater or stage Splash pad Improved playground with shade Lighting walking and biking trail around golf course Archery range ANCHORAGE PARK –Gathering by the Water Top 5: •Trees for shade (Hire a LA to develop a master tree-planting plan; develop a tree program with Kiwanis and Environmental Committee) •Improved playground with shade (proposed FY 2022 LWCF grant) •Kayak and paddleboard launch (complete, add signage) •Trash buckets (complete) •Amphitheater or stage (use exiting large pavilion, grass area, and portable stage) Other Proposed Improvements: •Renovate dry-storage area (current) •Renovate boat ramp, pathways, and lighting (2023) •Expand/ connect fishing docks and boardwalk at southwest corner OSBORNE PARK –Family, Multi-Generational Top 5: •Trees for shade (Village-wide program) •Walking paths •Restrooms (update existing) •Improved playground •Splash pad Other Proposed Improvements: •Develop a conceptual master plan (before making any additional improvements) •Improve basketball court (2022 FRDAP Grant) •Add community garden (Environmental committee) •Improve signage •Improve façade of existing building •Develop a multi-purpose path around perimeter •Add pickleball court LAKESIDE PARK –Maritime Recreation and Education Top 5: •Restrooms •Additional parking •Resident parking stickers •Foot-washing station (feasibility being evaluated) •Improved playground with shade (have ordered replacement parts, added shade trees) Other Proposed Improvements: •Update park signage (in process) •Shoreline enhancement, replanting (in process) •Repair walkover steps (in process) COUNTRY CLUB –Central Gathering Top 5: •Resume pool parties, social events (complete) •Discounts for residents (complete) •Summer memberships for families (complete) •Food-truck nights (in process) •Lighted walking and biking trail around golf course (evaluating) Other Proposed Improvements: •Improved plantings around golf course ponds •Add features to pool for older kids COMMUNITY CENTER – Adventure Top 5: •Trees for shade (tree master plan) •Improved playground (FRDAP grant FY2022) •Community gardens •Shaded benches along sidewalks •Archery range Other Proposed Improvements: •Develop a conceptual master plan •Open views and activate back of park •Dog run •Signage •Additional fitness stations along trail •Patio tables and chairs, game tables on plaza •Ropes course •Skateboard park 3. PARK MAINTENANCE Completed or In-process: •Hired a playground inspector to do annual inspections •In process of replacing playgrounds at Anchorage and CC, making improvements to Lakeside •Replaced trash and recycling cans at most parks •Replacing new swings at Lakeside •Improved ballfields at Osborne and CC, including clay and grass •Added beach buckets Future: •Increase maintenance hours at all village parks; country club receives 20 hrs. more maintenance per week (1,000 hrs. per year) •Update irrigation systems, water sources at Community Center and Osborne Park •Renovate athletic fields (soil and sod) •Improve pathway and lighting at Anchorage Park •Replace stairs at Lakeside walkovers •Replace sod and pavers at Veterans Park •Upgrade sand volleyball courts •Repair fencing •Create an annual asset management (repair and replacement) plan Program Classification Description Actual Program Distribution Recommended Distribution Essential Program protects assets & infrastructure, is expected and supported, is a sound investment of public funds, is a broad public benefit, there is a negative impact if not provided, is part of the mission, and needs high to complete subsidy. 65%10%-30% Important Program is broadly supported & used, has conditional public support, there is a n economic / social / environmental outcome to the community, has community importance, and needs moderate subsidy. 8%20%-40% Value-Add ed Program adds value to community, it supports Core & Important Services, it is supported by community, it generates income, has an individual benefit, can be supported by user fees, it enhances community, and requires little to no subsidy. 27 %40%-60% 3. PROGRAMS AND SPECIAL EVENTS -General Recommendations Lifecycle Description Actual Programs Distribution Recommended Distribution Introduction New Programs; modest participation 33% 69% 50%-60% Total Take-Off Rapid participation growth 22% Growth Moderate, but consistent participation growth 14% Mature Slow participation growth 14% 14% 40% Saturation Minimal to no participation growth; extreme competition 3% 17% 0-10% Total Decline Declining participation 14% Note: The Program Lifecycle Distribution was significantly impacted by the Covid-19 pandemic, with several programs being canceled. PROGRAMS AND SPECIAL EVENTS -General Recommendations Program Recommendations •Establish cost-recovery goals, track annual cost recovery for all Core Program Areas •Incorporate tools to collect customer feedback, e.g., pre/post-program evaluations, lost customer surveys, focus groups •Identify new marketing media to connect with residents and help increase awareness, e.g., seasonal program guide •Finalize sponsorship packet in order to better entice new potential partners/sponsors •Consider adding new Core Program Area(s) e.g., Afterschool Programs, Nature/Environmental Education, Senior Programs •Formalize contracts with program instructors and ensure agreement is mutually beneficial for both contractor and Village •Implement minimum participation requirements for all contract programs to help incentivize contractors to market their programs •Revise existing pricing policy to ensure current fees are comparable to going market rates PROGRAMS AND SPECIAL EVENTS -General Recommendations PROGRAMS Top 5 programs that would be most important to you and your family: 34.61% 27.48%26.43%26.09%24.35% 0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00% Paddling (paddleboard, kayaks) Nature/ environmental education Walking Community service hours (e.g., parks and beach cleanup, improvements) Youth sports SPORTS PROGRAMS 90.74% 9.26% Yes No 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% 90.00% 100.00% Do you support the Village’s current philosophy of focusing on recreational youth sports programs rather than highly competitive programs? PROGRAMS •Vision: focused on youth recreation sports •Started mini-sports program for ages 3 – 5 •PB Gardens and JTAA provide competitive programs •Promote country club as a public facility, with emphasis on golf, tennis, and swimming programs (recreation and competition) •Swim team, junior tennis, golf camp, splash pad, junior academy •Need to link the Country Club programs and events under the Parks and Recreation web site •Partnered with McArthur State Park for paddleboarding •Also considering adding a PADL paddleboard station at Anchorage Park •Redesigning newsletter to include programs for youth, adults, special events •Initiating post-program evaluations •After-school middle school field trips, programs •Currently evaluating “identity, focus” •Adding nature and environment programs incl. trash buckets, community garden at Osborne Park (in partnership with environmental committee), Oyster bed project at Anchorage Park •New initiatives: o Expanded Haunted HouseoExpanded Heritage Day to 2 daysoPickleball Program and TournamentsoFood Truck event at pool and country cluboMonthly community events at country cluboPaddleboard classes in pooloUpdate website to include both Country Club and Parks and Rec events in single location ON-LINE SURVEY Top 5 special events that would be most important to you and your family: 73.46% 65.40%62.24% 44.55%42.65% 0.00% 10.00% 20.00% 30.00% 40.00% 50.00% 60.00% 70.00% 80.00% July 4th Fireworks Food trucks Boat parade Holiday events Heritage Day SPECIAL EVENTS •Vision: family-oriented events to draw whole community together, from young to old, at least one event per month, leverage partnerships •Leisure Services Department is already responding, back up to full speed: recent events included July 4th, Beats N Eats, Fishing Tournament, Back-to-School Blowout •Upcoming: Haunted House, Veterans Day, Links 5k Ghost Run, Touch-a- Truck, Heritage Day incl Friday night kick-off at Osborne Park •Adding elements to improve existing events SPECIAL EVENT PARTNERSHIPS EVENT PARTNER(S) Car Show and Chili Cook -off Volunteers, Recreation Advisory Board (RAB) Beats ‘n Eats Performers, Food Trucks, Volunteers Easter Egg Hunt Fire Dept, Volunteers Garage Sale Friends of the Library (FOL) Heritage Day Library, Environmental Committee (EC), RAB, Other Village Depts, Volunteers July 4th Fireworks Country Club, Fire Dept Fishing Tournament RAB, Volunteers Touch-a-Truck Fire Dept, FOL, Volunteers Haunted House Library, FOL, Volunteers Links 5K Ghost Run Country Club, FOL, Fire Dept, Volunteers, Farmer’s Table Veterans Day Police Dept, Fire Dept Trolley Rides Library, Volunteers Santa Ride on Fire Truck Fire Dept •Develop conceptual master plans for Osborne Park and the Community Center •Adopt guiding “themes” for each of the Village’s parks •Develop a village-wide Bicycle and Pedestrian Master Plan •Expand and amenitize trails within existing parks •Develop a phased Funding and Phasing Plan for Park and Trail Improvements (Public Realm) •Apply for grants for top-ranked priority trails (TPA) and park improvements (FRDAP, others) •Develop a Village Parks Tree Planting Master Plan and Program •Increase the level of maintenance, safety and comfort at all parks using Country Club as a benchmark •Create an Asset Management (repair and replacement) Plan and Budget •Combine Country Club and Recreation Programs and Special Events on the same web page and newsletter TOP TEN RECOMMENDATIONS OUTLINE: 1.Scope of Work 2.Needs Assessment Findings 3.Recommendations 4.Questions, Discussion 42 VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney DATE: November 18, 2021 SUBJECT: RESOLUTION – Adoption of quasi-judicial procedures Through the adoption of Resolution No. 32-95 on July 27, 1995, the Village Council adopted a procedure for the disclosure of ex-parte communication for quasi-judicial proceedings to remove the presumption of prejudice associated with such communications. However, the Village Council never adopted formal procedures for quasi-judicial proceedings. Quasi-judicial decisions must be based on competent, substantial evidence presented during the course of the public hearing before the decision-making body, and the parties to such a proceeding are entitled to procedural due process. While formal procedures are not legally required, based on the revisions and updates to the Village’s Commercial Zoning Code, Village Staff anticipates an increase in both the total number of quasi-judicial proceedings and the number of proceedings before the Village Council. The attached Resolution provides formal procedures for quasi-judicial proceedings before both the Village Council and the Planning Commission. These procedures may be waived by the Village for applications seeking only appearance review and approval, such as sign face approvals or changes and color approvals or changes, or applications that are essentially ministerial in nature, such as plat approvals. A proceeding is quasi-judicial in nature when it involves the application of a general rule or policy to specific individuals, interests or activities. The quasi-judicial body is required to hold hearings, weigh and consider evidence, and exercise discretion of a judicial nature. Quasi-judicial matters include, but are not necessarily limited to, the following applications:  Site-specific rezoning of real property  Site plan and appearance approval  Special exception uses  Planned Unit Developments  Variances;  Administrative appeals; and  Plats. If the quasi-judicial matter involves more than one reading, such as an Ordinance approving a Planned Unit Development, the first reading shall constitute the quasi-judicial proceeding. On second reading, the Village Council may ratify the its prior decision or re-open the hearing. The proposed procedures also provide a procedure for participation by interested persons. An interested person is defined as a person or corporate entity that owns property or operates a business within 500 feet of the property that is the subject of the application or a person who resides within 500 feet of the property. The 500 feet is consistent with the Village’s noticing requirements for development applications. By law, interested persons are entitled to participate in the hearing and be afforded an opportunity to be heard in the same manner as party to the proceedings. Interested persons may be afforded party status by filing a notice with the Community Development Department no later than the close of business five (5) days before the hearing. Staff will verify that the interested person satisfies the requirements for party status. The procedures for quasi-judicial proceedings before the Village Council and Planning Commission shall be as follows:  Introduction of the matter (and reading of the caption if appropriate)  Swearing in of all persons who wish to speak, including parties, representatives, and members of the public  Presentation of evidence by the Applicant, Staff and any interested person (limited to 20 minutes each)  Rebuttal by the Applicant, Staff and any interested person (limited to 5 minutes each)  Public Comment (limited to 3 minutes each)  Questions by the Village Council or Planning Commission to any party, witness or person providing comment.  Closing argument by any interested person, Staff, and the Applicant. Once the public hearing is closed, the presiding officer shall entertain a motion. The Council or Planning Commission may re-open the public hearing during its deliberations if it so chooses. All relevant evidence shall be admitted. While the formal rules of evidence do not apply, the proceedings shall be governed by fundamental due process (a fair opportunity to be heard). At the conclusion of the hearing, the quasi-judicial body shall issue a written determination (in the form of an Ordinance, Resolution or Order). The procedures do not provide for rehearing or reconsideration of a quasi-judicial decision, and the final determination is subject only to judicial review in a court of competent jurisdiction within thirty (30) days of the rendition of the written determination. There is no fiscal impact. The attached Resolution has been prepared by this office and reviewed for legal sufficiency. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution adopting procedures for quasi-judicial proceedings before the Village Council and Planning Commission. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, ADOPTING PROCEDURES APPLICABLE TO QUASI- JUDICIAL PROCEEDINGS BEFORE THE VILLAGE COUNCIL AND PLANNING COMMISSION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, through the adoption of Resolution No. 32-95 on July 27, 1995, the Village Council adopted a procedure for the disclosure of ex-parte communications for quasi-judicial proceedings to remove the presumption of prejudice association with such communications; and WHEREAS, notwithstanding the foregoing, the Village Council never adopted formal procedures for quasi-judicial proceedings; and WHEREAS, quasi-judicial decisions must be based on competent substantial evidence presented during a course of the public hearing before the decision-making body, and the parties to such a proceeding are entitled to procedural due process; and WHEREAS, while formal procedures are not legally mandated, based on the revisions and updates to its commercial zoning regulations, the Village anticipates an increase in both the total number of quasi- judicial proceedings and the number of proceedings before the Village Council; and WHEREAS, the Village wishes to formalize its quasi-judicial procedures for proceedings before the Village Council and the Planning Commission and determines that the adoption of this Resolution is in the best interests of the residents and citizens of the Village of North Palm Beach. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are hereby ratified and are incorporated herein. Section 2. The Village Council hereby adopts formal quasi-judicial procedures, a copy of which is attached hereto and incorporated herein by reference. Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED THIS _____ DAY OF ________________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK Page 1 of 4 VILLAGE OF NORTH PALM BEACH QUASI-JUDICIAL PROCEDURES Intent These procedures are intended to provide an equitable and efficient method for the Village Council and the Planning Commission to hear matters that are considered quasi-judicial in nature. These procedures shall apply to all quasi-judicial matters, except as otherwise set forth herein. Definitions For the purpose of these procedures, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Interested person means any person, natural or corporate, who owns property, owns a business or resides within five hundred (500) feet of the property that is the subject of the application. Applicant means any person, corporation or other legal entity who files an application with the Community Development Department determined by Village Staff to be quasi-judicial in nature. Party or parties means the Applicant, the Village, and any Interested Person who has complied with the notice provisions set forth below and meets the applicable criteria. Quasi-judicial body means the Village Council or the Planning Commission acting in its quasi- judicial capacity. Quasi-judicial in nature means the application of a general rule or policy to specific individuals, interests, or activities by the quasi-judicial body, as more specifically set forth below. Quasi-judicial matters (a) Matters that are quasi-judicial in nature involve the actions of public officials who are required to investigate facts, or ascertain the existence of facts, hold hearings, weigh evidence and draw conclusions from such facts, as a basis for their official action, and to exercise discretion of a judicial nature and any other decision involving the implementation, rather than formation, of Village policy. Quasi- judicial matters include, but may not necessarily be limited to, the following: (1) Applications for the site-specific rezoning of real property; (2) Applications for site plan and appearance approval; (3) Applications for special exception uses; (4) Applications for Planned Unit Developments; (5) Applications for variances; (6) Administrative appeals; and (7) Applications for plat approval (b) For all quasi-judicial matters which require more than one reading, the first reading shall constitute the quasi-judicial proceeding. Once a decision is rendered to grant or grant with conditions the relief sought by the applicant, then the second reading shall be procedural in nature with the Village Council ratifying and affirming its prior decision. If new evidence is introduced which, if brought to the attention of the Village Council at the first reading, would have had a material impact on its decision, the Village Council may reopen the quasi-judicial hearing. Page 2 of 4 (c) The formal procedures set forth herein may be waived by the Village for applications seeking only appearance review and approval, such as sign face and color changes, or applications that are essentially ministerial nature, such as plat approval. Notice procedures for Interested Persons (a) Interested persons are entitled to a fair and impartial hearing, notice of the hearing, and an opportunity to be heard. (b) Any Interested Person desiring to become a party in a quasi-judicial proceeding shall provide written notice to the Community Development Department which notice shall, at a minimum, set forth the Interested Person's name, address, e-mail address (if applicable) and telephone number, and indicate how the person qualifies as an Interested Person for the proceeding at issue. The filing of notice with the Community Development Department shall serve as notice of the Interested Person's request to appear at the applicable quasi-judicial proceeding to testify, present evidence, bring forth witnesses, and cross- examine witnesses. The required notice must be received by the Community Development Department no later than the close of business (5:00 p.m.) five (5) business days prior to the hearing. The Department shall verify that the person seeking designation as an Interested Person satisfies the requirements for such status and shall provide written confirmation. (c) The written confirmation from the Community Development Department in subsection (b) above shall serve as the notice for the Interested Person to appear at the quasi-judicial proceeding, where he/she will be afforded party status. A copy shall also be provided to the Applicant. Procedures for quasi-judicial proceedings (a) The following is a guideline for conducting quasi-judicial hearings: (1) Introduction. The presiding officer will introduce the case and, if appropriate, defer to the Village Attorney for the reading of the ordinance or resolution caption. (2) Swearing in. All persons wishing to speak on a quasi-judicial matter shall take an oath to tell the truth. This includes attorneys representing parties, as well as members of the public providing comment. (3) Presentation of evidence. The presiding officer shall have the option of determining the order to expedite the proceedings. However, all parties shall be provided the opportunity to present their case. The general order of the presentation of evidence shall be as follows: a. Presentations. The Applicant, Village staff, and any Interested Person, in that order, shall each have twenty (20) minutes to make an initial presentation. b. Rebuttal. The Applicant, Village staff, and any Interested Person, in that order, shall each have five (5) minutes for rebuttal. During this time, the parties may present rebuttal testimony, cross-examine opposing witnesses, impeach witnesses, and rebut evidence. c. Public comment. Any person who did not speak during presentations and rebuttals may speak for not more than three (3) minutes. Prior to being heard, each speaker must state his/her name and address for the record. Page 3 of 4 d. Questions. The presiding officer and any member of the Village Council or Planning Commission, as applicable, may ask questions of any party, witness, or person providing public comment. e. Closing argument. Any Interested Person, Village staff, and the Applicant, in that order, shall each have five minutes for closing argument. (5) Action by the quasi-judicial body. a. At the conclusion of the presentation of the evidence and testimony, the quasi- judicial body shall close the public hearing. The presiding officer shall entertain any motions, and the quasi-judicial body shall proceed to deliberate and vote on the motion(s). b. If after notice of hearing, a party does not appear, the hearing may be conducted and an order entered in the absence of the party. c. If during the deliberations a question arises which the quasi-judicial body desires to ask, it shall reopen the public hearing, pose the question and allow each party the opportunity to respond to the question posed prior to closing the public hearing again and resuming deliberations. (b) Representation of parties . (1) Attorney. Any natural person or party may represent himself/herself or may be represented by an attorney. If the party chooses to be represented by an attorney, a notice of representation, signed by the attorney, shall be filed with the Community Development Department prior to the hearing. (2) Non-attorney. In the event any party (other than a corporation or the Village) chooses to be represented by a non-attorney, such party shall file a written, notarized power of attorney with the Community Development Department prior to the hearing stating that the person appearing has the full power and authority to act on behalf of the party in the matter. (3) Business representative. A corporation or limited liability company may appear through a representative who is listed with the Florida Department of State as a current officer or manager of an active corporation or limited liability company entity. The representative must identify himself/herself in that business capacity. (c) Evidence. (1) All relevant evidence shall be admitted. The quasi-judicial body may exclude irrelevant, immaterial, or unduly repetitious evidence. (2) Except as provided herein, neither the Federal Rules of Evidence nor the Florida Evidence Code shall apply, but fundamental due process shall be observed and shall govern said proceedings at all times. Page 4 of 4 (d) Orders. (1) If the quasi-judicial body denies relief to the Applicant, the village shall issue a subsequent written order setting forth the reasons therefor. (2) The quasi-judicial body shall have the authority to issue any and all orders to afford the proper relief, and this authority shall include the authority to grant continuances to a date certain. (e) Hearing record. The Village Clerk shall maintain custody of all recordings of testimony, evidence, and documents submitted into evidence at the hearing. This shall include all back up documentation, as well as any document presented at the hearing or demonstrative exhibit seen by the Village Council or Planning Commission while making its decision. Nothing herein shall be deemed to prohibit any party from providing a court reporter for the proceedings. Any party wishing to appeal the decision of a quasi-judicial body shall have the responsibility to ensure compliance with F.S. §286.0105. (f) Rehearing/Reconsideration and Appeal. While there is no specific rule or statutory authority for the rehearing or reconsideration of a quasi-judicial decision, a local government body or board has the inherent power and authority to rehear and reconsider a previously entered order. Notwithstanding this inherent power and authority, the Village determines that neither the Village Council nor the Planning Commission shall entertain any request for rehearing or reconsideration of a previously entered quasi - judicial order. A final determination of the Village Council or Planning Commission acting in its quasi- judicial capacity is subject to judicial review in a court of competent jurisdiction within thirty (30) days of the Council or Commission’s rendition of its written determination. VILLAGE OF NORTH PALM BEACH VILLAGE ATTORNEY’S OFFICE COMMUNITY DEVELOPMENT DEPARTMENT TO: Honorable Mayor and Council THRU: Andrew D. Lukasik, Village Manager FROM: Leonard G. Rubin, Village Attorney Jeremy Hubsch, Community Development Director DATE: November 18, 2021 SUBJECT: RESOLUTION – Disclaiming Village’s interest in a drainage easement in favor of Palm Beach County located on a vacant parcel of real property on the west side of Prosperity Farms Road and south of Allamanda Drive The Village received a request from Prosperity Village, LLC, the owner of four parcels of property located on the west side of Prosperity Farms Road south of Allamanda Drive, to disclaim the Village’s interest in a Drainage Easement located on one of the vacant parcels. The site is the location of the proposed Prosperity Village PUD. One of the parcels is encumbered by a fifty-foot (50’) wide Drainage Easement running parallel to Prosperity Farms Road (copies of the easement and the survey are included in the back up materials). The easement runs in favor of Palm Beach County, which owns the roadway. It is believed that this easement historically ran along the entire western border of Prosperity Farms Road; however, all other portions of the easement have already been abandoned. The easement is not utilized by the Village or any other utility provider, and the Northern Palm Beach County Improvement District has already indicated that it has no objection to abandonment of the easement. The property owner has filed a formal request with Palm Beach County to abandon the easement. However, Palm Beach County’s abandonment procedures require that if the easement is located within the corporate limits of a municipality, the municipality must first disclaim any interest in the easement by Resolution prior to formal abandonment by the County. The attached Resolution disclaims any interest the Village may have in the Drainage Easement. There is no fiscal impact. Recommendation: Village Staff requests Council consideration and approval of the attached Resolution disclaiming the Village’s interest in a Drainage Easement in favor of Palm Beach County located on a vacant parcel of real property on the west side of Prosperity Farms Road south of Allamanda Drive within the Village’s corporate limits. RESOLUTION 2021- A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, DISCLAIMING THE VILLAGE’S INTEREST IN A DRAINAGE EASEMENT IN FAVOR OF PALM BEACH COUNTY ENCUMBERING A VACANT PARCEL OF REAL PROPERTY LOCATED ON THE WEST SIDE OF PROSPERITY FARMS ROAD SOUTH OF ALLAMANDA DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Prosperity Village Development, LLC (“Owner”) has requested that the Village disclaim any interest in a Drainage Easement held in favor of Palm Beach County located on the west side of Prosperity Farms Road south of Allamanda Drive, as depicted on a Survey prepared by Lidberg Land Surveying, Inc. dated April 10, 2021 (“Property”), a copy of which is attached hereto and incorporated herein; and WHEREAS, Parcel 2, as depicted on the Survey, is encumbered by a fifty-foot-wide Drainage Easement in favor of Palm Beach County as recorded in Official Record Book 6136, Page 315 of the Public Records of Palm Beach County, Florida; and WHEREAS, the Owner is seeking abandonment of the Drainage Easement, and Palm Beach County’s easement abandonment procedures require that where the easement is located within the corporate limits of a municipality, the municipality shall first disclaim its interest in the easement by resolution; and WHEREAS, the Village Council wishes to abandon and disclaim the Village’s interest, if any, in the Drainage Easement located on the Property within the Village’s corporate limits. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing recitals are ratified as true and incorporated herein. Section 2. The Village Council hereby releases, vacates, abandons, discontinues, renounces and disclaims all rights of the Village in the fifty-foot-wide Drainage Easement encumbering Parcel 2 as depicted on the Survey attached hereto and incorporated herein. Section 3. All resolutions and parts of resolutions in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 4. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED THIS ____DAY OF ____________, 2021. (Village Seal) MAYOR ATTEST: VILLAGE CLERK July 26, 2021 Jeremy Hubsch, AICP Village of North Palm Beach 420 US‐1, Suite 21 North Palm Beach, FL 33408 RE: Request for Resolution Disclaiming Interest, if any, in 50’ Drainage Easement Mr. Hubsch: On behalf of the property owner, Prosperity Village Development, LLC, we request f or the Village of N orth Palm Beach to disclaim any interest of a 50’ drainage easement held in interest by Palm Beach County. A copy of the easement instrument is enclosed herein. This drainage easement is not used by the Village, nor is it used by any other local or state governmental entity. This easement lies solely within the four corners of the owner’s property and serves no utility to any other adjacent property owner. A survey of the easement property is enclosed herein. Upon information and belief, this easement historically ran north to south along the western edge of Prosperity Farms Road and that all other sections of this historic easement have since been abandoned. It should be further noted that the North Palm Beach County Improvement District discussed the easement abandonment during their May 26, 2021 meeting and approved the issuance of the enclosed No Objection letter. Therefore, the property owner respectfully requests the Village Council to consider a resolution wherein the Village disclaims any interest it may have in the easement. Very truly yours, /s/ David F. Milledge David F. Milledge Senior Project Manager