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Home My WebLink AboutAgenda Council Agenda 100302• REVISED 1012102 City of Palm Beach Gardens Council Agenda October 3, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 .~"'Council Member Clark ('Mayor Jablin V'V ice Mayor Sabatello )(Council Member Russo ~ouncil Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 3, 2002 7:00P.M • ./ I. PLEDGE OF ALLEGIANCE ./ II. ROLL CALL /III. ADDITIONS, DELETIONS, MODIFICATIONS: .,..riV. ANNOUNCEMENTS I PRESENTATIONS: .l'v. VI. / ,/ vVJ I. a. (Pa~:e 6) Roller Hockey presentation to City Council. ITEMS & REPORTS BY MAYOR AND COUNCIL: CITY MANAGER REPORT: a. (Page 7) Legal Service Analysis. b . f,t~~ orl eA'4 "o" ~vftk.&.r .. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: ~CIJ'S'.-( 'f..O a. (Page 8) Consideration of approving Minutes from the September 18, 2002 Regular City Council Meeting. b. (Page 16) Resolution 152, 2002 -Pole Mounted Banners Program. Consideration of approving a Pole-Mounted Banner Program displayed on City properties to promote community pride and neighborhood unity. IX. c. (Page 23) Resolution 169, 2002 -Mirasol Parcel Thirteen Subdivision Plat. Consideration of approving the Mirasol Parcel Thirteen Plat. d. (Page 28) Resolution 170, 2002 -Appoint Alternate Member for the Northlake Boulevard Task Force. Consideration for appointing a regular member and an alternate member to the Northlake Boulevard Task Force. e. (Page 31) Resolution 173, 2002 -Gables at Northlake Subdivision Plat. Consideration of approving the Gables at Northlake Plat. f. (Page 36) Resolution 174, 2002 -MacArthur Parcel SB Plat. Consideration of approving the MacArthur Parcel SB Plat. g. (Page 41) Resolution 177, 2002-Approval of LBFH Proposal for Storm water System Retrofit Plat 4 Phase 1. Consideration of approving an agreement with LBFH, Inc. for engineering services related to the Plat 4 Storm water System Retrofit (City Project No. 2002-010). h. (Page 53) Resolution 178, 2002 -Accepting an Easement from the Mirasol Master Maintenance Association, Inc. for Public Use o f Sidewalks and Boardwalks. Consideration of accepting an easement fro m the Mirasol Master Maintenance Association, Inc. fo r public use of sidewalks and boardwalks. 1. (Paee 67) Proclamation recognizing the week of October 20th through 26ih, 2002 as Florida City Government Week. PUBLIC HEARINGS: {)_ . .-w.r~ <{--o a. b. (Page 68) Ordinance 35, 2002 -(Second Reading) An ordinance of the City Council of the C ity of Palm Beach Gardens, Florida, amending chapter 50 of the Code of Ordinances, "Police," Article Ill, "Police Officers Retirement Trust Fund," section 50-120, "Separation from Service," and section 50-152, "Amounts payable upon election to participate," to include buy back contributions in the amount refunded to those not eligible to retirement benefits and to revise the method in which payments to the deferred retirement option plan earn interest; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. ~s~ "{ .c (Page 74) Ordinance 38,. 2002 -Building Code and Permit Fees (Second Reading) An ordinance of the City Council of the City of Palm Beach Gardens, Florida, revising chapter 86 of the City Code of Ordinances, "Buildings and Building Regulations," by amending Article II, "Standards," section 86-26, "Building Code Adopted; Permit Fees," and section 86-27, "Trade Codes Adopted," to adopt the Florida Uniform ~ ------------- Building Code, provide for the adoption of building permit fees and charges by resolution and clarify provisions relating to the stay of code enforcement proceedings for housing code violations; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. f4.r;..c....£. cyo c. (Page 81) Resolution 171, 2002-Regional Center DRI -NOPC Time Extension. A Resolution of the City Council of the City of Palm Beach ....-e;J 6 &--. Gardens, Florida, providing for amendment of Resolution 96, 1999, the ,p ·2 ! :Aw-Consolidated and Amended Development Order for The Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD) by amending Condition 43 to extend the build-out date by four years and eleven months; providing that the City Clerk shall transmi t copies of the Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MaCarthur Center Property Owners Association, Inc ., and the Mall Properties LTD.; providing for repeal of resolutions in conflict; providing for severability; and providing for an effective date. X. RESOLUTIONS: a. b. c. (>vr-J 4--D (Page 89) Resolution 133, 2002 -Adoption of a Fee and Charges Schedule. Consideration of adopting a Schedule of Fees and Charges for various services rendered by the City of Palm Beach Gardens for its citizens and other members of the public. f<:.t~ lf. 0 (Page 1 04) Resolution 176, 2002 -Approval of Consultant Service Authorization #2 with Glatting Jackson Kercher Anglin Lopex and Rinehart, Inc. Consideration of approving Consultant Services Authorization No . 2 with Glatting Jackson Kercher Anglin Lopez and Rinehart, Inc. for professional services related to the District Park Development Program. r4f~ \.f·O (Page 114) Resolution 180, 2002 -Approval of Agreement with Catalfumo for Construction of Linkage Roadways. Consideration of approving an agreement between the City and Mall Properties, LTD., PGA Gateway, LTD., RCA Center II of Florida, LLC and PGA North II of Florida, LLC for the assured construction of linkage roads. XI. ORDINANCES: (For Consideration on First Reading) \)oSrd-y,.-o a. (Page 140) Ordinance 40, 2002 -Magnolia Bay PUD Parcel 4.07A (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of an approximately 89.03-acre parcel of land from Planned Development Overlay Zoning District (PUD) with an Underlying Residential Low (RL-3) Zoning, to be known as "Magnolia Bay," by approving the construction of 99 single-family dwelling units, 88 duplex units, and associated amenities, located on the northwest comer of Military Trail and Hood Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. ~'t--o b. (Page 213) Orainance 37,2002-Oakbrook PUD Amendment, Relocation of retail (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Oakbrook Square Shopping Center Planned Unit Development (PUD) by demolishing an existing 10,008 square-foot retail building, creating a new 35-car parking pocket, adding a new 6,000 square-foot retail building alongside U.S . Highway One, and reducing the overall square footage of the shopping center, located at the northeast comer ofPGA Boulevard and Highway U.S. One, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts ; providing for severability; and providing for an effective date. ~ TO .r.pL~'t' p"'-'0~ ~ .3-J XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a (Pa&e 271) City Entryway Signage Workshop) f'MIJ~ T'l 10 /n · XIV. CITY ATTORNEYREPORT: XV. ADJOURNMENT In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 days prior to the proceeding at telephone number (561) 799-4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955-8771 (TDD) or (800) 955-8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. REVISED 10/2/OZ Cit of Palm Beach Gardens Y Council A enda g October 3, 2002 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Jablin Vice Mayor Sabatello Council Member Clark Council Member Russo Council Member Delgado CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING October 3, 2002 7:00 P.M. L PLEDGE OF ALLEGIANCE IL ROLL CALL IIL ADDITIONS, DELETIONS, MODIFICATIONS: IV. ANNOUNCEMENTS / PRESENTATIONS: a. Paae 6 Roller Hocicey presentation to City Council. V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VL CITY MANAGER REPORT: a. Paae 7 Legal Service Analysis. VIL COMMENTS FROM THE PUBLIC: (For Items Not on the A�enda, please submit request form to the Citv Clerk prior to this Item) VIIL CONSENT AGENDA: a Paae 8 Consideration of approving Minutes fi�om the September 18, 2002 Rebular City Council Meeting. b. Paae 16 Resolution 152, 2002 — Pole Mounted Banners Program. Consideration of approving a Pole-Mounted Banner Program displayed on City properties to promote community pride and neighborhood unity. c. Paae 23 Resolution 169, 2002 — Mirasol Parcel Thirteen Subdivision Plat. Consideration of approving the Mirasol Parcel Thirteen Plat. d. Paae 28 Resolution 170, 2002 — Appoint Alternate Member for the Northlalce Boulevard Taslc Force. Consideration for appointing a regular member and an alternate member to the Northlalce Boulevard Taslc Force. e. Paae 31 Resolution 173, 2002 — Gables at Northlake Subdivision Plat. Consideration of approving the Gables at Northlalce Plat. £ (Pa�e 36) Resolution 174, 2002 — MacArthur Parcel SB Plat. Consideration of approving the MacArthur Parcel SB Plat. g. Paae 41 Resolution 177, 2002 - Approval of LBFH Proposal for Storm water System Retrofit Plat 4 Phase 1. Consideration of approving an agreement with LBFH, Inc. for engineering services related to the Plat 4 Storin water System Retrofit (City Project No. 2002-010). h. (Pa�e 53) Resolution 178, 2002 — Accepting an Easement from the Mirasol Master Maintenance Association, Inc. for Public Use of Sidewallcs and Boardwallcs. Consideration of accepting an easement from the Mirasol Master Maintenance Association, Inc. for public use of sidewallcs and boardwallcs. Paae 67 Proclamation recognizing the weelc of October 20ti' through 26t', 2002 as Florida City Government Weelc. IX. PUBLIC HEARINGS: a. Paae 68 Ordinance 35, 2002 —(Second Reading) An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending chapter 50 of the Code of Ordinances, "Police," Article III, "Police Officers Retirement Trust Fund," section 50-120, "Separation from Service," and section 50-152, "Amounts payable upon election to participate," to include buy back contributions in the amount refunded to those not eligible to retirement benefits and to revise the method in which payments to the deferred retirement option plan earn interest; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. b. Paae 74 Ordinance 38, 2002 — Building Code and Permit Fees (Second Reading) An ordinance of the City Council of the City of Palm Beach Gardens, Florida, revising chapter 86 of the City Code of Ordinances, `Buildings and Building Regulations," by amending Article II, "Standards," section 86-26, `Building Code Adopted; Permit Fees," and section 86-27, "Trade Codes Adopted," to adopt the Florida Uniform Building Code, provide for the adoption of building permit fees and charges by resolution and clarify provisions relating to the stay of code enforcement proceedings for housing code violations; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. c. Paae 81 Resolution 171, 2002 — Regional Center DRI — NOPC Time Extension. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for amendment of Resolution 96, 1999, the Consolidated and Amended Development Order for The Regional Center Development of Regional linpact (DRI) and Planned Community District (PCD) by amending Condition 43 to extend the build-out date by four years and eleven months; providing that the City Clerk shall transmit copies of the Resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MaCarthur Center Property Owners Association, Inc., and the Mall Properties LTD.; providing for repeal of resolutions in conflict; providing for severability; and providing for an effective date. X. RESOLUTIONS: a. Paae 89 Resolution 133, 2002 — Adoption of a Fee and Charges Schedule. Consideration of adopting a Schedule of Fees and Charges for various services rendered by the City of Palm Beach Gardens for its citizens and other members of the public. b. (Pa�e 104) Resolution 176, 2002 — Approval of Consultant Service Authorization #2 with Glatting Jacicson Kercher Anglin Lopex and Rinehart, Inc. Consideration of approving Consultant Services Authorization No. 2 with Glatting Jacicson Kercher Anglin Lopez and Rinehart, Inc. for professional services related to the District Parlc Development Program. c. (Pa�e 114) Resolution 180, 2002 - Approval of Agreement with Catalfumo for Construction of Linkage Roadways. Consideration of approving an agreement between the City and Mall Properties, LTD., PGA Gateway, LTD., RCA Center II of Florida, LLC and PGA North II of Florida, LLC for the assured construction of linlcage roads. XL ORDINANCES: (For Consideration on First Reading) a. (Pa�e 140) Ordinance 40, 2002 — Magnolia Bay PUD Parcel 4.07A (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of an approximately 89.03-acre parcel of land from Planned Development Overlay Zoning District (PUD) with an Underlying Residential Low (RL-3) Zoning, to be lcnown as "Magnolia Bay," by approving the construction of 99 single-family dwelling units, 88 duplex units, and associated amenities, located on the northwest corner of Military Trail and Hood Road, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. b. (Pa�e 213) Ordinance 37, 2002 — Oakbrook PUD Amendment, Relocation of retail (First Reading). An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an amendment to the Oalcbroolc Square Shopping Center Planned Unit Development (PUD) by demolishing an existing 10,008 square-foot retail building, creating a new 35-car parlcing pocicet, adding a new 6,000 square-foot retail building alongside U.S. Highway One, and reducing the overall square footage of the shopping center, located at the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date. XIL ITEMS FOR COUNCIL ACTION: XIIL ITEMS FOR DISCUSSION: a. (Pa�e 271) City Entryway Signage Worlcshop. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT In accoNdance tivith the Ame�icans tivith Disabilities Act and FZoNida .S'tatute 86.26, peNSOns tivith disabilities needing special accommodations to paNticipate in this pNOCeeding should contact the City CZeNk's DepaNtment, no ZateN than 5 days pNioN to the pNOCeeding at telephone numbeN (561) 799-4120 foN assistance; if heaNing impaiNed, telephone the FZoNida Relay .S'e�vice NumbeNS (800) 955-8771 (TDD) oN (800) 955-8700 (T�OICE), foN assistance. If a peNSOn decides to appeal any decision made by the Council, tivith Nespect to any matteN consideNed at such meeting oN heaNing, they tivill need a NecoNd of the pNOCeedings, and foN such puNpose, they may need to ensuNe that a veNbatim NecoNd of the pNOCeedings is made, tivhich NecoNd includes the testimony and evidence upon tivhich the appeal is to be basec� IV. ANNOUNCEMENTS/PRESENTATIONS: Roller Hockey Presentation to the City Council. VI. City Manger ReUort: a. Legal Service Analysis. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING September 18, 2002 The September 18, 2002 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The City Clerlc called the roll and the following elected officials were found to be in attendance: Mayor Jablin, Vice Mayor Sabatellq Councilmember Clarlc, Councilmember Russq and Councilmember Delgado. ADDITIONS, DELETIONS, MODIFICATIONS: Councilmember Clarlc made a motion to move item D under public hearings, the budget hearings, in front of item A. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Delgado reported she had attended the 9/11 ceremonies in New Yorlc where her sister had received the national Top Cop award. Councilmember Russo reported he had attended the school magnetBoard ofDirectors meeting and believed the City should become involved in the proposal to do away with the magnet program and use the dollars for career academies, to which he was opposed, since that would hurt Palm Beach Gardens High SchooL Mayor Jablin indicated he would invite the School Board members to come to a workshop with the City Council, and if they would not attend a meeting he would go to them. Councilmember Delgado reported School Board Chairman Tom Lynch was eager to worlc with the City. Councilmember Russo reported he and Councilmember Delgado had attended a meeting for the Honda Classic and that Ms. Steinbacher from the Chamber of Commerce would be handling the marlceting. Councilmember Russo had requested the County Commissioners provide names of five businesses that would pay for boxes or ads advertising this event, and aslced the City Council to also provide five names. Growth Management Director Charles Wu reported the first draft of the ordinance to change the requirements for special events was ready. Mayor Jablin reported he had attended the meeting of the Blue Ribbon Committee and at their next meeting they planned to finalize their recommendations to the City Council, and soon would be malcing their first recommendation regarding drainage to the City Council. CITY MANAGER REPORT: A�reement with FDOT for receivin��hwav Safetv Grant Funds for the Police Department's A��ressive Drivin� Project — Police Chief FitzGerald introduced Lt. Glenn Brown, who would be supervising this proj ect. Lt. Brown provided a presentation on Project Radical Change. Intensified enforcement was being provided on roadway construction corridors. Resident Sam Carsillo commented the Police Department was doing a good j ob and wanted to lcnow if there were any unmarlced cars to slow traffic. Response was that there were unmarlced cars available, but other methods were being used. Mr. Carsillo requested that the officers receive an incentive based on the amount of ticicets they wrote. Mayor Jablin indicated the city received a portion of each ticicet, and complimented Lt. Brown on his worlc. A�reement with FDOT for receivin� Hi�hwav Safetv Grant Funds for the Department of Public Worlcs Coinputerized Si�n Svstem Proj ect — Jacic Doughney introduced employees CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 2 responsible for obtaining the grant. Milce Morrow, Public Worlcs Operations Director, provided a presentation explaining the project. Rapid Response Team - Sheryl Stewart, Assistant to the City Manager, described the responsibilities of the Rapid Response Team and their plans and accomplishinents to date. COMMENTS FROM THE PUBLIC: Sam Carsillo spolce regarding congestion around schools. CONSENT AGENDA: Councilmember Clark made a motion to approve the consent agenda as submitted. Councilmember Delgado seconded the motion. Motion carried by unanimous 3-0 vote (2 members were away for the vote). The following items were approved: CONSENT AGENDA: a. Consideration of approving Minutes from the September 4, 2002 Regular City Council Meeting. b. Resolution 165, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an agreement for engineering services with the firm of LBFH, Inc. for the fiscal year commencing October 1, 2002 and ending September 30, 2003; authorizing the Mayor and City Clerlc to execute said agreement; providing for conflicts; providing for severability; and providing for an effective date. c. Resolution 13 8, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, awarding a"Piggyback" contract for canal restoration and maintenance services to Murray Logan Construction, Inc. providing for conflicts; providing for severability; and providing for an effective date. d. Resolution 147, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the "Piggyback" lease-purchase of one ALTEC Bucicet Trucic and one ALTEC Diesel Chipper; providing for conflicts; providing for severability; and providing for an effective date. e. Resolution 162, 2002 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving modification #1 to L]NIVIET needs agreement number 03LTN-6Q-10-60-15-191 with the Department of Community Affairs for plat 4 drainage improvements; authorizing the Mayor to execute said modification; providing for conflicts; providing for severability; and providing for an effective date. f. Resolution 163, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the renewal of Blue Cross Blue Shield of Florida, policy number 91062 for fiscal year 2002/2003. Providing for conflicts; providing for severability; and providing for an effective date. g. Resolution 164, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving the renewal of Jefferson Pilot Group dental policy number D007862 for fiscal year 2002/2003. Providing for conflicts; providing for severability; and providing for an effective date. h. Resolution 160, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a budget revision to reflect a Law Enforcement Blocic Grant from the Department of Justice and allocating matching funds; providing for conflicts; providing for severability; and providing for an effective date. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 3 i. Resolution 168, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, accepting the proposal from Staffing Connection and Action Labor to provide School Crossing Guard services and authorizing the Mayor and City Clerlc to execute an agreement; providing for conflicts; providing for severability; and providing for an effective date. j. Resolution 167, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a three-month time extension or an extension until the city council talces a final action on the pending PCD amendment to the Ba1lenIsles PCD, whichever occurs first, for the Ba1lenIsles temporary sales center located on the west side of Ba1lenIsles Drive approximately 700 feet south of PGA Blvd., in the Ba1lenIsles Planned Community Development; providing for conflicts; providing for severability; and providing for an effective date. Councilmember Russo commented the engineering was being renewed with only a cost of living increase. City Manager Ferris commented the principal's rate did not increase at all. PUBLIC HEARINGS: Resolution 151, 2002 —A Resolution of the City Council of the City of Palm Beach Gardens, Florida, adopting a tax levy and millage rate for the City of Palm Beach Gardens for the fiscal year commencing October 1, 2002 and ending September 30, 2003; directing the City Clerlc to forward a certified copy of this resolution to the Property Appraiser and Tax Collector within three (3) days after its adoption; providing for conflicts; providing for severability; and providing for an effective date. AND Ordinance 34, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, adopting a budget for the City of Palm Beach Gardens for the fiscal year commencing October 1, 2002 and ending September 30, 2003; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading. Finance Director Allan Owens provided the budget presentation. The millage rate recommended to be adopted was 6.25 mills, which exceeded the roll bacic rate of 52752. Mr. Owens recommended adoption of Resolution 151, 2002 and Ordinance 34, 2002. City Manager Ferris reviewed changes that had been made in order to reduce costs. Mr. Owens reviewed an analysis regarding possible cost savings that could be realized with an in-house attorney, which was discussed. Councilmember Russo requested information regarding other cities. City Attorney Rubin provided information regarding costs in Wellington. Mayor Jablin declared the public hearing open for Resolution 151, 2002 and Ordinance 34, 2002. Sam Carsillo aslced for the statu s of the golf course, which was provided by staf£ Mr. Carsillo recommended that projects not malcing money be dropped. Julia Byrd, Daffodil Circle, questioned caller ID and cell phone charges, to which staff responded cell charges were being analyzed and there was no extra charge for caller ID. Ms. Byrd questioned the Public Worlcs personnel charges, to which staff responded, and Ms. Byrd expressed her opinion that the golf course should be made to worlc. Councilmember Clarlc announced the City of Palm Beach Gardens was proposing to adopt a final millage rate of 6250, which exceeded the roll back rate of 52752 mills by 11.97%. Councilmember Clark moved approval of Resolution 151, 2002 which set the final millage rate for fiscal year 2002-2003 at 6250. Councilmember Delgado seconded the motion. Vice Mayor Sabatello indicated he was comfortable with the budget and would support it, and commended staff on the CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 � budget process used this year. Motion carried by unanimous 5-0 vote. Councilmember Clarlc made a motion to place on second reading by title only and to approve Ordinance 34, 2002. Councilmember Russo seconded the motion, which carried by unanimous 5-0 vote. The City Clerlc read Ordinance 34, 2002 on second reading by title only. Ordinance 14, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Ordinance 18, 2001, and approving an a�nendment to the Mirasol Planned Community District (PCD) (formerly lcnown as Golf Digest) by amending a condition for CPTED principles; adding a condition requiring a mechanism for rear yard access; and amending the PCD Master Plan to reflect a lalce reconfiguration for the Mirasol PCD, as more particularly described herein; providing for an additional condition of approval; providing for a waiver; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading and approval. Senior Planner Edward Tombari presented the project history. Mayor Jablin declared the public hearing open. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Sabatello announced his company was a home builder in Mirasol but that this ordinance would not benefit his company. Councilmember Clarlc made a motion to place on second reading by title only and approve Ordinance 14, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerlc read Ordinance 14, 2002 on second reading by title only. Ordinance 17, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the City Code of Ordinances by amending Chapter 78, "Land Development," Article IV, "Zoning Districts," Section 78-159(67), "Temporary Mobile Homes," creating a new Section 78-159(70), "Temporary Trailers," and amending Article VIII, Section 78-751, "Definitions;" providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading and approval. Planner Jacicie Holloman presented proposed changes to the ordinance. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 17, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Councilmember Clarlc made a motion to place on second reading by title only and approve Ordinance 17, 2002. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerlcread Ordinance 17, 2002 on second reading by title only. Ordinance 16, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application for a rezoning of an approximately 9.42-acre parcel of land from Planned Development Area (PDA) to a Planned Unit Development Overlay Zoning District (PUD) with a underlying Public/Institutional (P/I) zoning, to be lcnown as `BATT School," by approving the construction of an approximately 50,203 square-foot private school with gyinnasiuin, football field, and tracic, located on the north side of Hood Road, west of the Interstate 95 overpass and east of the Ronald Reagan Turnpilce overpass, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date — for consideration of second reading and approval. Senior Planner Kara Irwin presented the project and answered questions from the City CounciL Mayor Jablin declared the public hearing open, held on the intent of Ordinance 16, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. Vice Mayor Sabatello indicated he was not comfortable with the blacic chain linlc fence around the lalces and therefore would not vote for this proj ect. Growth Management Director Wu explained CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 5 the fence was for safety of school children attending this site and it would not be a standard for drainage lakes within the City in the future. Councilmember Clark made a motion to place on second reading by title only and approve Ordinance 16, 2002 with language in paragraph 7 on page 3 to be revised as follows: "In the event that the City determines, in its sole discretion, that through traffic along Hood Road is being blociced" and to continue that paragraph as is; paragraph 11 on page 3 to change the first phrase to read, "within 6 months of the effective date of the site clearing permit; and in paragraph 15 to change the beginning phrase to read: "Prior to the issuance of the first building permit the applicant shall submit plans". Councilmember Delgado seconded the motion, which carried by 5-0 vote. The City Clerlc read Ordinance 16, 2002 on second reading by title only. Ordinance 32, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a rezoning from Planned Development Area to Planned Community District Overlay with an Underlying Zoning of Residential Low Density and Master Plan of the Old Palm Golf Club Planned Community Development with 333 Single Family Residential units, Golf Course, Clubhouse, Sales Center, Maintenance Facilities, Golf Acadeiny, and Three Practice Holes on approximately 651 acres generally located at the northwest corner of PGA Blvd. and Central Blvd.; providing for waivers; providing for conditions of approval; providing for conflicts; providing for severability; and providing for an effective date — for consideration of second reading and approval. Senior Planner Edward Tombari indicated that the only changes were two additional proposed conditions to address construction entrance issues. In the first condition presented, Mr. Tombari read into the record additional language that after "construction vehicles" in the last sentence, "and/or service vehicles" would be added. Mr. Tombari pointed out an area that the applicant wished to use as a construction entrance, an area of parcel "d" to be used for construction and service vehicle staging, and an additional entrance for construction which would be eliminated after 6-9 months. The City Council indicated they were comfortable with the changes. Mayor Jablin declared the public hearing open, held on the intent of Ordinance 32, 2002. Hearing no comments from the public, Mayor Jablin declared the public hearing closed. The applicant confirmed the wall would be extended to 117ti' Street within the first six months of construction. Councilmember Clark made a motion to place on second reading by title only and approve Ordinance 32, 2002 with the additional conditions of approval provided in writing by staff and the amendment as read into the record adds the phrase "and/or service vehicles" to the last sentence of the first additional condition . Councilmember Delgado seconded the motion, which carried by 5-0 vote. The City Clerlc read Ordinance 32, 2002 on second reading by title only. RESOLUTIONS: Resolution 161, 2002 — A Resolution of the City Council of the City of Palm Beach Gardens, Florida, approving a contract with Preferred Government Insurance Trust for Worlcers Compensation and Property/Casualty Insurance for Fiscal Year 2002/2003, authorizing the City Manager and City Clerlc to execute said contract; providing for conflicts; providing for severability; and providing for an effective date. Finance Director Allan Owens provided a presentation of the insurance programs available. Insurance company representative Kirlc Hammond answered questions from the City Council. Councilmember Clark made a motion to approve Resolution 161, 2002. Motion was seconded by Councilmember Delgado and carried by unanimous 5-0 vote. ORDINANCES: CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 6 Ordinance 36, 2002 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, relating to roadway beautification; amending the City Code of Ordinances by amending chapter 62, "Streets, Sidewallcs, and certain other public places," To create a new section 65-215, "Landscaping and Maintenance in public road right-of-way," and amending chapter 78, "Land Development," Article V, "Supplementary District Regulations," Division 7, "Landscaping," Section 78-324, "Landscaping in public road right-of-way," And Division 9, "Subdivisions," section 78-488, "Frontage on improved streets," and section 78-498, "Road surfacing and linprovements," providing for codification; providing for conflicts; providing for severability; and providing for an effective date — for consideration of first reading. City Forester Mark Hendrickson presented the roadway beautification plan. Councilmember Clarlc moved that Ordinance 36, 2002 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerlc read Ordinance 36, 2002 on first reading by title only. Ordinance 3 5, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 50 of the Code of Ordinances, "Police," Article III, "Police Officers Retirement TrustFund," section 50-120, "Separation from Service," and section 50- 152, "Amounts payable upon election to participate," to include buy bacic contributions in the amount refunded to those not eligible to retirement benefits and to revise the method in which payments to the deferred retirement option plan earn interest; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. Finance Director Allan Owens presented the proposed amendments. Councilmember Clarlc moved that Ordinance 35, 2002 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerlc read Ordinance 35, 2002 on first reading by title only. Ordinance 3 8, 2002 — An ordinance of the City Council of the City of Palm Beach Gardens, Florida, revising Chapter 86 of the City Code of Ordinances, `Buildings and Building Regulations," by amending Article II, "Standards," Section 86-26, `Building Code Adopted; Permit Fees," and Section 86-27, "Trade Codes Adopted," to adopt the Florida Uniform Building Code, provide for the adoption of building permit fees and charges by resolution and clarify provisions relating to the stay of code enforcement proceedings for housing code violations; providing for codification; providing for conflicts; providing for severability; and providing for an effective date. City Attorney Rubin presented the revisions. Councilmember Clarlc moved that Ordinance 38, 2002 be placed on first reading by title only. Councilmember Delgado seconded the motion, which carried by unanimous 5-0 vote. The City Clerlc read Ordinance 38, 2002 on first reading by title only. ITEMS FOR COUNCIL ACTION: Councilmember Delgado announced that the Florida Association of Realtors had elected her to be the key legislative contact to House Representative Carl Domino. ITEMS FOR DISCUSSION: Militarv Trail Grants Pilot Pro�ram — Growth Management Director Charles Wu presented a proposed pilot program which would pay 50% of the cost for exterior improvements for homes along Military Trail. Some of the concerns expressed were in singling out a specific area and that the City should meet with the neighbors. Mr. Wu explained that $10,000 had beenbudgeted. CouncilmemberDelgadoreported SouthFloridaWaterManagementDistrict had funds available for restoration worlc. Councilmember Russo expressed concern in awarding people for not maintaining their property throughout the City at the expense of those who did; but indicated he could justify this area because of the road widening. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 Councilmember Clarlc agreed. Staff was requested to provide information regarding how many of the homes were rentals and how many residents still lived there who lived there when the road was widened. Staff was directed to lceep the program to Military Trail since it was a maj or thoroughfare and to limit the program to homestead property. Councilmember Clarlc noted that $10,000 was not much, and the Mayor clarified this was all City money. CITY ATTORNEY REPORT: Traffic Performance Standards Ordinance Update — City Attorney Rubin indicated he had provided the Council with a memo regarding this matter. Attorney Rubin aslced if the City wanted representation at a meeting of the County Commission on September 24 in support of consideration of a language change to add municipalities back into the corridor master plan. Discussion ensued. The City Manager reminded the City Council that they had sent a letter in support of this issue. Mayor Jablin invited all those interested to attend another meeting in the Council Chambers on September 25 where this matter would be discussed. CITY OF PALM BEACH GARDENS REGULAR MEETING, 9/18/02 ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at approximately 10:00 p.m. APPROVAL: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO ATTEST: PATRICIA SNIDER CITY CLERK CITIT OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: 9/11/02 Meeting Date: 10/03/02 Resolution: 152, 2002 Subject/Agenda Item: Resolution 152, 2002 —Pole-mounted Banner Program Consideration of approval: City initiated request to establish a pole-mounted banner program on City owned properties to inspire neighborhood unity and community pride among our residents. [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: '�� Originating Dept.: Costs: $3,665.00 Council Action: Community Services (Total) City Attorney GIS Manager [ x] Approved Melissa Prindiville Finance dmnustrator $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: N/A Funding Source: [] Conrinued to: Community Services Depariment Date: [ ] Operating Attachments: Resolution 152,2002 [ ] Other Exhibit A Paper: Submitted y: [ x ] Not Required Charles Growth Management Deparhnent Director Affected parties Budget Acct.#: 001-2040-572-5200 001-0210-512-4800 Approved o i ie�— [] None Ron P City Manage [ x ] Not required Date Prepared: 9/11/02 Meeting Date: 10/03/02 Resolution: 152, 2002 Page 2 of 3 BACKGROUND: The Spirit Team, with the cooperation of the Recreation Division, began a project to identify ways to improve and inspire civic pride. After researching the idea, staff identified two standard banners most suitable to our City. Attached in Exhibit "A" is a copy ofthe standard design for the pole-mounted banners selected to promote community pride and enhance unity among neighborhoods. The banners are 30 inches in width by 80 inches in length. Both style banners may be used. Staff wishes to display the banners on the City's Municipal Complex property to evaluate the wear of the banner material and review the feedback from residents and staff. The pole- mounted banners would be mounted on the selected light poles. Staff may expand the installation areas in the future if funding is provided to purchase more banners. As a future project, staff will also be seeking relevant State (Florida Department of Transportation, FDOT), County and Florida Power & Light (FPL) approval for the use of their rights-of-way and light poles when needed. The cost for 20 banners is estimated at $3,665.00. The Community Services Department has agreed to provide the funding for the purchase of the 20 pole banners. Staff is investigating the possibility of including the banners as part of the Buy Into the Gardens Program where an individual could purchase and sponsor a pole-mounted banner. Section 78-284 of the Land Development Regulations " Prohibited signs and prohibited sign locations" states that pole banners are prohibited and shall not be installed or constructed within the City, provided, however the City Council may approve the use of pole-mounted banners. Accordingly, staff requests City Council approval for the proposed banners. STAFF RECOMMENDATION: Staff recommends approval of Resolution 152, 2002, to approve the pole-mounted banner program and allow the installation of 20 certain pole-mounted banners located on City- owned properties to promote neighborhood unity and community pride. Date Prepared: 9/11/02 CITY OF PALM BEACA GARDENS, FLORIDA RESOLUTION 152 , 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A POLE-MOUNTED BANNER PROGRAM DISPLAYED ON CITY PROPERTIES TO PROMOTE COMMUNITY PRIDE AND NEIGHBORHOOD UNITY; PROVIDING FOR ADOPTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it is the desire of the City Council to promote community pride and neighborhood unity; and _ WHEREAS, the City of Palm Beach Gardens Spirit Team, in cooperation with Community Services Department, recommends funding for and the installation of certain pole-mounted banners on City property; and WHEREAS, Section 78-284 of the Land Development Regulations " Prohibited signs and prohibited sign locations" states that pole banners are prohibited and shall not be installed or constructed within the City, provided, however the City Council may approve the use of pole-mounted banners; and WHEREAS, the City Council supports and approves the installation of certain pole-mounted banners as part of a banner program to promote community pride and neighborhood unity within the City's municipal boundaries; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby approves a City initiated pole-mounted banner program and the installation of certain pole-mounted banners located on City-owned properties, as reflected on Exhibit A attached hereto. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Date Prepared: 9/11/02 Page: 2 of 3 SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCII.MEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT Date Prepared: 9/11/02 Resolution: 152, 2002 Page: 3 of 3 EXHIBIT A (Next Page) � � Palm Beach Gardens � � P alm B e ach Gardens �TOHNSpi7 D/?IRY RL. . .... .. .... . .... ._.. ... ., . _.._ ....,........ ........ .. . ...... . . _ . _. . _ .. ._.... .._... _ _. _. _._. . ._ ._...... __. . - ------- = J , �� 6 �' -}-.-. - -__`-- —,- - ;� _' ' � � --i-- .--- . . �' � � � � �� .� . (! � J � � . � �' � ` . . � � - � � : .; : = o _ ; � , ��; i _ — :_ ._ — ; = I -[� � � . ,� i `� — -�_ _� -- �, -� ' � �-_�_�� '%" �� ` ;�- � � . __ - � � .� i/ _ . ; . . . 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I ��S `. ��,.,ti .........._ �; .� ❑ — � _ _ ._ 1 :j �--�-- �¢ �� .�� -�% � _ � ;. . --- d�' -. - � i� �,�--- -�------� -�� ---- ---�_._ �� . , -..� . _ - ""' i v J o � � --- _ -�-- �- —t-- „ � , �i _..E � .._ _ _ _. J7"��.� _ _._ . _. __ _._ .. __._ .. __ . , ` - _ � .,_---��___.P __-, _ :., _ . k - -- - r - - --> - - .._.- _�_ �, �-_-- - ---�----- - � „�r:s ao,,Bums Road � Pole-mounted Banner Locations N Source: City of Palm Beach Gardens, Printed 9/05/02 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Resolution: 169, 2002 Subject/Agenda Item: Mirasol Parcel Thirteen Subdivision Plat [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attor [ ] Approved $ [ ]Approved w/ . Current FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: � C � [ ] Not Required Sean C. Donahue, P.E. Assistant City Engineer De rtment Director Affected parties Budget Acct.#: UI� � � Approv ] Notified [ ] None City Manager [ ] Not required INC. CONSULTING QVIL ENGINEERS, SURVEYORS & MAPPERS QVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATTON SURVEY & MAI'PING GIS "Partners For Results Value ByDesign" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 FaX (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. MEMORAND UM Patricia Snider-City Clerk Sean C. Donahue, PE September 16, 2002 02-4233 SUBJECT: Mirasol-Parcel 13 Subdivision Plat We have completed our review of the plat for the referenced project prepared by Mock, Roos & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:1Pbgmemo\4233\4233 L.doc CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 169 , 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE MIRASOL PARCEL THIRTEEN PLAT AND, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Mirasol Parcel Thirteen Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Mirasol Parcel Thirteen Plat consisting of four (4) sheets dated March 2002, prepared by Mock, Roos & Associates, Inc., attached hereto as Exhibit "A." SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- PASSED, ADOPTED AND APPROVED this day of , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUB1N CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Resolution: 169, 2002 EXHIBIT A CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Resolution170, 2002 Subject/Agenda Item: Resolution 170, 2002: Staff is requesting a resolution appointing Talal Benothman as Regular Member and staff representative to the Northlake Boulevard Corridor Task Force, to replace Steven Cramer, who is no longer employed by the City of Palm Beach Gardens. Staff is also requesting appointment of Edward Tombari as Alternate Member and staff representative of the Northlake Boulevard Corridor Task Farce, to replace Talal Benothman, who is to be re-appointed as Regular Member. [ X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Acrion: Growth Manage nt: (Total) Reviewed by: —(� [ ] Approved Principal Planner � � Project Manage Talal Benothman ICP Edward Tombari, A CP $ []Approved w/ Current FY conditions City Attorne ' Development Compliance [ ] Denied Finance ,� ' ' � Human Resources Bahareh Wolfs, AICP [] Conrinued to: Funding Source: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: Gr wth Management � [ ] Not Required � Charles K. Wu, AICP Growth Management Affected parties Budget Acct.#: Director Approv - y: ( ] Notified [ ] None [ ] Not required Ron Ferris, City Manager Date Prepared: September 16, 2002 Page: 1 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 170 , 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING A REGULAR MEMBER AND AN ALTERNATE MEMBER TO THE NORTHLAKE BOULEVARD TASK FORCE; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 21, 1997, the City Council of the City of Palm Beach Gardens approved Resolution 57, 1997, approving an interlocal agreement to create the Northlake Boulevard Corridor Task Force in order to improve the appearance of Northlake Boulevard between U.S. Highway One and Military Trail; and WHEREAS, the above interlocal agreement requires the appointment of two Regular Members and two Alternate Members to represent the City of Palm Beach Gardens on the Northlake Boulevard Corridor Task Force; and WHEREAS, the current representatives for the City of Palm Beach Gardens on the Northlake Boulevard Corridor Task Force are Councilperson Annie Delgado, Regular Member; Vice-Mayor Carl Sabatello, Alternate Member; Principal Planner Steven Cramer, Regular Member; Principal Planner Talal Benothman, Alternate Member; and WHEREAS, Steven Cramer is no longer employed by the City of Palm Beach Gardens; and WHEREAS, the City Council has deemed approval of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: Talal Benothman, Principal Planner, is hereby appointed as a Regular Member and staff representative on the Northlake Boulevard Corridor Task Force to replace Steven Cramer. SECTION 3: Edward Tombari, Senior Planner, is hereby appointed as an Alternate Member and staff representative on the Northlake Boulevard Corridor Task Force to replace Talal Benothman, who is being re-appointed as a Regular Member on the Task Force. Date Prepared: September 16, 2002 Page: 2 SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO G/etombari/2002/nbctfreso 1702002 MAYOR JABLIN AYE NAY ABSENT CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Resolution: 173, 2002 Subject/Agenda Item: Gables at Northlake Subdivision Plat [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City A ey (�y� lL.� [ j Approved $ [ ]Approved w/ Current FY conditions [ j Denied Advertised: Funding Source: [ j Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: � C �` [ ] Not Required Sean C. Donahue, P.E. Assistant City Engineer Dep ment Director Affected parties Budget Acct.#: � 6,- . y" "` Approv ] Notified [ j None / � i� V City Manag r [] Not required INC. O�NSULTING QVIL ENGINEERS, SURVEYORS &MAPPERS QVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATTON SURVEY & MAI'PING GIS "Partners For Results Value ByDesign" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Faz� (561) 286-3925 www.lbfh.com TO: FROM: DATE: MEMORAND UM Patricia Snider-City Clerk Sean C. Donahue, PE September 16, 2002 FILE NO. 99-4088 SUBJECT: Gables at Northlake Subdivision Plat We have completed our review of the plat for the referenced project prepared by Shah, Drotos & Associates, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:�PBGMEMO\4088\4088zk.doc CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 173 , 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE GABLES AT NORTHLAKE PLAT AND, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Gables at Northlake Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Gables at Northlake Plat consisting of six (6) sheets dated March 2002, prepared by Shah, Drotos & Associates, Inc., attached hereto as Exhibit "A." SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- PASSED, ADOPTED AND APPROVED this day of , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Resolution: 173, 2002 EXHIBIT A CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Resolution: 174, 2002 Subject/Agenda Item: MacArthur Parcel 5B Boundary Plat [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorney [ ] Approved $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: [ ] Operating Attachments: Paper: [ ] Other Submitted by: � C � [ ] Not Required Sean C. Donahue, P.E. Assistant City Engineer D p A ent Directqr Affected parties Budget Acct.#: 1� I/_ l�- • ��Le Approved by: i ied [] None . City Mana r [] Not required INC. OONSULTING QVIL ENGINEERS, SURVEYORS &MAPPERS QVIL AGRICULTURAL WATER RESOURC�S WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fax (561) 286-3925 www.lbf h.com TO: FROM: DATE: MEMORAND UM Patricia Snider-City Clerk Sean C. Donahue, PE September 16, 2002 FILE NO. 99-4088 SUBJECT: MacArthur Parcel 5B Boundary Plat We have completed our review of the plat for the referenced project prepared by Lidberg Land Surveying, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statues and the City of Palm Beach Gardens requirements. We have no other engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P:�Pb gmemo\4071 \4071 p. d oc CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 174 , 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE MACARTHUR PARCEL SB PLAT AND, PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the MacArthur ParcelSB Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs; and WHEREAS, the City Council has deemed approval of this resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The faregoing "WHEREAS" clause is hereby ratified and confirmed as being true and correct and is hereby made a specific part of this Resolution. SECTION 2: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the MacArthur ParcelSB Plat consisting of two (2) sheets dated September 2002, prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit "A." SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- PASSED, ADOPTED AND APPROVED this day of , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUB1N CITY ATTI�RNEY VOTE: MAYOR JABLIN VICE MA�'OR SABATELLO COUNCILrvIEMBER CLARK COUNCILPvIEMBER RUSSO COUNCILPvIEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Resolution: 174, 2002 EXHIBIT A CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 18, 2002 Meeting Date: October 3, 2002 Resolution: 177, 2002 Subject/Agenda Item: Resolution 177, 2002 — Approval of agreement with LBF&H, Inc. in the amount of $59,610 for Plat 4 Construction Support Services — Systems 2, 3, and South Banyan Street Drainage improvements. (City Project No. 2002-010) [ X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ 59.610 Council Action: Angela Wong, Project (Total) Manager Cit Attor Community Services y y Department [ ] Approved $ 59,610 [ ]Approved w/ Current FY conditions City Engineer ^�,,,,�C �`e ^ � [ ] Denied Contracts/Grants Advertised: N/A Funding Source: [ J Continued to: Administrator Date: [ X ] Operating Attachments: Paper: [] Other • Resolution 177, 2002 Finance 'rector . LBF&H, Inc. Proposal • Site Map Submitted by: [ X ] Not Required Jack Doughney, Community Se ice Adminis at Department Director Affected parties Budget Acct.#: [] None Ap e by: [ X] Notified 001-3040-541.63� 5� Cit an er �] Not required Date Prepared: September 18, 2002 Meeting Date: October 3, 2002 Resolution: 177, 2002 BACKGROUND: The Plat 4 drainage system was designed in the early 1960s. Storms in ' 95 and ' 99 highlighted the need for drainage improvements. A drainage retrofit for Plat 4 has been designed consistent with the City's standards for level of service to the residents. The system has been designed to decrease the amount of standing water in the streets, improve flow to the inlets, and add additional storage. Existing pipes within seven of the nine drainage systems will be increased for additional capacity, and Pinetree Boulevard will be reconstructed to extend the width of the EPB-3D Canal. This project is also identified in the Stormwater Management Plan. In December 2000, construction was completed on Phase I improvements. This portion included partial construction of North and South Banyan Street, which the City paid $87,903 to D.S. Eakins, Inc. to complete. Currently, LBF&H, Inc. has received approval from South Florida Water Management District for construction of Phase II, which includes improvements to System 2(Hazel Avenue and Fir Street), completion of System 3(North Banyan Street) and South Banyan Street in the Plat 4 development (AKA Garden Woods). Construction of Phase II is estimated at $592,723 and is scheduled to begin approximately late November — early December 2002 after a contractor has been selected and approved. A grant in the amount of $350,000 from FEMA has been received to implement these improvements. The City's local match consists of $242,723.00. Construction related services are required and include construction coordination, scheduling, and inspections. • STAF'F RECOMI��NDATION: Approve Resolution 177, 2002 authorizing the execution of a proposal from LBF&H, Inc. to provide the construction support services for the Plat 4 — Systems 2, 3, & South Banyan Street drainage improvements in the amount of $59,610. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 177, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT WITH LBFH, INC. FOR ENGINEERING SERVICES RELATED TO THE PLAT 4 STORMWATER SYSTEM RETROFIT (CITY PROJECT NO. 2002-010); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to make stormwater system improvements to Plat 4— Garden Woods as part of the 2002 Stormwater Management Plan as depicted in Exhibit "B"; and WHEREAS, the City has retained LBFH, Inc. as its City Engineer and has a continuing contract with LBFH to provide engineering services; and WHEREAS, an engineering team that is well-qualified and experienced in roadway construction has been assembled by LBFH, Inc., and LBFH, Inc. has agreed to provide such specialized professional services in accordance with the terms of the proposal and its continuing contract with the City; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to authorize the agreement between the City and LBFH, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The Ciry Council hereby authorizes and approves the agreement with LBFH, Inc., attached hereto as Exhibit "A" and incorporated herein by reference, to provide engineering services for the Plat 4 Stormwater System Retrofit Project. The City Council hereby approves expending no more that $59,610 for engineering services relating to this project. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of the Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of , 20 . ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- Date Prepared: September 18, 2002 Meeting Date: October 3, 2002 Resolution: 177, 2002 EXHIBIT A LBFH, Inc. Proposal for Plat 4 Construction Support Services Request for Legal or Engineering Assistance File Opening Authorization City of Palm Beach Gardens Department Requesting Service� Community Services Department 1�pe of Assistance� X City Engineer Consultant City Attorney Special Counsel Contact Person� An�ela Wong, Projects Mana�er Phone Extension= 799- 4234 Brief Description of Legal Question or Issue� Project No. 2002- 010/Construction support services for Plat 4— Svstems 2, 3 and South Banvan Street Drainag�e Improvements Account Number� 001-3040-541.6350 The City CouncillCity Manager authorizes the City Attorney, Labor or Special Counsel to work on the above-referenced issue at an hourly rate. The City CounciUCity Manager may limit this authorization as set forth below, or as may be set forth in an attached writing. Maximum Number of Hours� Maximum Hourly Rate � Other� or an ount to exce 59 610.00 Department Hea ' tion City Manager/City Councilperson City Manager Prioritization/Notes� Original to City Clerk Copies to� Contact Person Finance Administrator City Engineer September 23, 2002 Jack Doughney, Assistant to City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 LBFH File No. 99-4083A Re: Agreemenf for Constructian Support Services for P/at 4, Pa/m Beach Gardens, Florida Dear Mr. Doughney: In accordance with your request, LBFH, Inc. is pleased to submit our proposal to provide construction support services for the proposed drainage improvements to Plat 4(AKA Garden Woods) located within Palm Beach Gardens, Florida. Attached for your review is our Exhibit A, Scope of Services. Our work can be performed in accordance with our current Agreement for Services with the City. For budgeting purposes, we have estimated the costs for perfornning each of the tasks presented in Exhibit A. If it appears as though our estimated amounts will be exceeded, we will notify you immediately. We will not perform additional work on the project without your prior approval. If this proposal is acceptable to you, please sign and date both copies, and return a copy to us as our authorization to proceed. If you have any questions or require additional information, please do not hesitate to contact us at (561) 684-3375. Very truly yours, LB , Inc. � ��. M nie A. Straub, E.I. Project Engineer Approved: LBFH, Inc. �b--�-.-�' PG <�-�. __ __ Daniel P. Clark, Vice President Date: S/z�/a L Enclosures In Duplicate Approved: City of Palm Beach Gardens (Hereinafter: CLIENT) EXHIBIT A Scope of Services Plat 4 Construction Support Services Svstems 2, 3, & South Banvan Street Drainaqe Improvements Phase 00: Preliminarv Work and Data Collection: LBFH wiil assist the City of Palm Beach Gardens (City) in researching public agency contracts available for Contractor/Construction piggybacking and define the scope and preliminary schedule for the project. Time & Expense Estimate: $680 Phase 15: Sketch Leqal Description Preparation: In accordance with Special Condition No. 2 of the Northern Palm Beach County Improvement District Permit for Plat 4, LBFH will prepare a sketch and legal description to convey the east 100-feet of Pine Tree Boulevard right-of-way to Northern. Time & Expense Estimate: $1200 Phase 41: WMD Permittinq: In accordance with Special Condition No. 10 of the South Florida Water Management Permit for Plat 4, LBFH will prepare a narrative response and calculations to verify that construction of the proposed drainage improvements will not negatively impact the overall Unit 2 drainage basin. Time & Expense Estimate: $2,480 Phase 50: Team and Client Meetinas: LBFH will attend weekly progress meetings with City staff to coordinate the Plat 4 drainage improvements and construction coordination. This task includes attending weekly meetings through City Council approval of the construction contract, and attending monthly meetings thereafter. LBFH will provide bi-weekly status reports to the City for the City's Capital Improvement Projects Report. Time & Expense Estimate: $5,120 Phase 53: Public Involvement Meetinq: LBFH will prepare a tri-fold brochure for distribution to residents describing the proposed drainage improvements, and providing a question and answer format. LBFH will prepare a brief PowerPoint presentation for use at the City's public meetings, describing the proposed drainage improvements. LBFH will prepare exhibit boards for the public meetings. In addition, a minimum of four (4) LBFH engineers will attend one (1) public involvement meeting to assist in answering questions from residents and concerned citizens. Time & Expense Estimate: $7,060 Phase 60: Construction Services: LBFH will perform the following construction related services. for the City. LBFH will perform daily inspections of the construction activities for the purposes of observing the progress and quality of the work, and to determine whether or not the work is proceeding in accordance with the contract. This effort is directed toward providing the City a greater degree of confidence that the completed project will conform to the contract requirements and regulatory agency permits/approvals for the drainage improvements. Additionally, construction of underground utilities in a highly urbanized area always raises questions about what we know and what may be considered a surprise or a changed condition for the Contractor. LBFH will respond to requests for additional information and claims during the construction process and will coordinate with all the utility companies to minimize claims during construction. LBFH has no control over the weather, work stoppages, the quality of the Contractor's work or the sequencing of the same. Therefore, it is understood that the following scope of work and associated fees is estimated only. LBFH services under this section shall include: 1. Pre-Construction Meeting: LBFH shall attend a mandatory pre-construction meeting with the City, the City's Contractor and other applicable agencies prior to the commencement of construction. Note that LBFH and its sub-consultants shall be listed as an additional named insured by the Contractor's insurer for all construction related to this project. 2. Shop Drawing Review: LBFH shall review the shop drawings received from the Contractor to verify consistency with the design intent. 3. Limited Construction Observation: LBFH, by providing limited construction observation services, shall make site visits to observe the construction of improvements such that an engineering determination can be made regarding the quality completion of the proposed improvements. The purpose of the limited project representation is to provide construction observation of the progress and quality of the construction work, and to determine, in general, if the construction is proceeding in accordance with the intent of the contract. The services provided are not intended to be comprehensive or exhaustive in nature, and shall in no way relieve the Contractor from their complete responsibility for the means, methods, sequence of construction and construction site safety. This estimate assumes that LBFH shall provide limited project representation by being present at the site at intervals appropriate to the various stages of construction. For this estimate, it is assumed that site work will be conducted during a four-month (16 week) construction period, and that regular site inspections will occur (5) times a week. LBFH shall notify the City of observed permanent work which does not appear to substantially conform to the contract documents, prepare a written report describing any apparent non-conforming permanent work and make recommendations to the City for its correction. Should limited construction observation be required beyond the four (4) month duration, these services will be considered Additional Services and compensated as such. 4. Contractor's Pay or Change Order Requests: LBFH shall review pay requests as submitted by the contractor as they relate to the drainage improvement work. LBFH make a recommendation to the City to proceed, with the payment as requested, or as modified based on LBFH's review. 5. Certification & Final Inspections: LBFH shall perform a construction observation visit to determine if the project is substantially complete, and a final construction observation visit to determine if the project has been completed in accordance with the Contract and in a manner satisfactory to provide the necessary assurances that the work meets the "maintenance" criteria. If repetition of these visits is.required, the additional visits shall be considered Additional Services of LBFH and will be bi�ted on a Time & Expense basis. LBFH will review the certified record drawings received from the Contractor and will prepare the SFWMD Construction Completion Certification package. Time & Expense Estimate: $ 34,850 Phase 61: Contract Document Preparation: LBFH will prepare the contract documents and technical specifications for the widening of the EPB-3D Canal within the Pine Tree Boulevard right-of-way. LBFH will attend one (1) pre-bid meeting and assist the City with addressing questions and preparing any special provisions during the bid process. LBFH will assist the City in reviewing the bid packages and the selection process. Time & Expense Estimate: $7,420 REIM - Direct Exaenses: Any direct, non-salary expense, including but not limited to, photocopies, blueprints, out-of-office reproduction or photographic services, special mailing or delivery services will be invoiced on a reimbursable basis. Time & Expense Estimate: $800 Total Time & Expense Estimate: $59,610 SPECIAL PROVISIONS The following Special Provisions shall qualify or supplement any provision in this Agreement, and shall override and take precedence over any provisions with which they may be in conflict: 1. The Time and Expense estimates are based on past experience on similar tasks for similar projects. However, these estimates may need to be revised based on the individual characteristics of this project subsequent to initiation of services by LBFH. Prior to providing services beyond the level of effort represented in the estimated fee for Time and Expense items, LBFH will inform the City of the status of the estimated budget to agree upon either additional fees or a reductions of the Scope of Services provided by LBFH. 2. The City shall designate, in writing, a person to act as the City's representative with respect to the services to be rendered. Such person shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to LBFH's services for the project. � 3. The City shall assist LBFH, by placing at LBFH's disposal, all available information pertinent to the project including previous reports, surveys and any other data relative to the construction of the project. Date Prepared: September 18, 2002 Meeting Date: October 3, 2002 Resolution: 177, 2002 EXHIBIT B Site Map — Plat 4 Garden Wood CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 23, 2002 Meeting Date: October 3, 2002 Resolution: 178, 2002 Subject/Agenda Item: Consideration of Resolution 178, 2002, accepting an easement from the Mirasol Master Maintenance Association, Inc. for public use of sidewalks and boardwalks. [X ] Recommendation to APPROVE j ] Recommendation to DENY Reviewed by: Originating Dept: Costs: None Council Action: City Attorney� City Attorney � [] Approved s� Gr h Management Funding Source: [] Approved with "��"� conditions tWIS�'1 �. [ ] Operating [ ] Denied [ ] Other [ ] Continued to: Submitted by: Advertised: City Attorney Date: Attachments: Paper: Budget Acct. # [ X] Not Required Resolution 178, 20�2 Access Easement Approved by: Affected parties: City Manag r [ ] Notified [ X] Not Required Date Pre�iared: September 23, 2002 Meeting Date: October 3, 2002 Resolution: 178, 2002 BACKGROUND: As part of its Planned Community District approval, the developer of Mirasol constructed sidewalks and boardwalks adjacent to PGA Boulevard and Jog Road. Portions of these improvements were constructed in common areas outside of the public right-of-way. The Mirasol Master Maintenance Association, the owner of the underlying property, wishes to grant the City an access easement over such pedestrian sidewalks and boardwalks to ensure use by members of the general public. The easement relates solely to public use and the City is not accepting any additional responsibility for the walkways. STAFF RECOMMENDATION: Approval of Resolution 178, 2002 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 178, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ACCEPTING AN EASEMENT FROM THE MIRASOL MASTER MAINTENANCE ASSOCIATION, INC. FOR PUBLIC USE OF SIDEWALKS AND BOARDWALKS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, the Mirasol Master Maintenance Association, Inc. is the owner of certain parcels of property over which the developer of the Mirasol Planned Community District ("PCD") constructed sidewalk and boardwalk improvements adjacent to PGA Boulevard and Jog Road; and WHEREAS, the Mirasol Master Maintenance Association wishes to grant the City an access easement to ensure use of such pedestrian boardwalks and sidewalks by members of the general public and the City Council wishes to formally accept the dedication of said easement; and WHEREAS, the City Council finds the adoption of this Resolution to be in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby accepts the Access Easement executed by the Mirasol Maintenance Association, a copy of which is attached hereto as Exhibit "A" and incorporated herein, for public use of the sidewalks and boardwalks adjacent to PGA Boulevard and Jog Road within the Mirasol PCD. The City accepts the Access Easement for public use and for no other purpose. SECTION 3: All resoiutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. -1- RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002. MAYOR JABLIN ATTEST: PATRICIA SNIDER, CiTY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO -2- Date prepared: September 23, 2002 Meeting Date: October 3, 2002 Resolution: 178, 2002 EXHIBIT A Prepared by and return to: Leonard G. Rubin, Atty. Watterson, Hyland & Kleti, P.A. 4100 RCA Bivd., Ste. 100 Palm Beach Gardens, FL 33410 Tax Parcel ID # 52-42-41-33-02-002-0010 ACCESS EASEMENT THIS ACCESS EASEMENT is made this � day of f �in De.r 2002 by and between MIRASOL MASTER MAINTENANCE ASSOCIATION, INC., a Florida not-for-profit corporation ("Grantor"), which has an address of 8430 Enterprise Circle, Suite 100, Bradenton, FL 34202, and the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ("Grantee"), which has an address of 10500 North Military Trail, Palm Beach Gardens, FL 33410. WITNESS: THAT GRANTOR, in consideration of the sum of Ten and No/Hundredths Dollars ($10.00) and other good and valuable consideration paid, the receipt of which is hereby acknowledged, hereby grants unto Grantee, its heirs, successors and assigns, a non-exclusive perpetual access easement over and upon the following described real property for use by the general public of the sidewalk and boardwalk thereon: Tract E and part of Tract P-F, MIRASOL PLAT ONE, according to the plat thereof recorded in Plat Book 89, Pages 14 through 23, of the Public Records of Palm Beach County, Florida, the part of Tract P-F being more particularly described and depicted on Exhibit "A", attached hereto. GRANTOR hereby covenants with Grantee that it is lawfully seized and in possession of the real property herein described and that it has good and lawful right to grant fhe aforesaid easement free and clear of mortgages and other encumbrances. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first above written. Signed, sealed and delivered in the presence of: . � /,, , ' �i�� J�' �� /, �r•�i �r �� ,, ,�./, - .•' �.'�/��A%� I LGL5246 MIRASOL MASTER MAINTENANCE ASSOCIATION, INC., a Florida not-for-p�f'it corporation. : �ll�, / �� / Y� -s9r.�-^ Craig A. Perna, President � , ,.,,,,, { ''�3'�L' Gi,1 j�0••,,� ; ,, ,�i •, � c,�': ;�� ''•.'i : [corp. seal] r � :"Q.4 �.J O' s� � .�� o: �? _ �, . ��;.o� ��+,: �;= :;, ... : �`` -, ��; ....•• �"'' �rY� '�c', .,,, ��•.,,��,....,.., STATE OF FLORIDA COUNTY OF PALM BEACH his instrument was acknowledged before me, a �' , 2002 by Craig A. Perna as President of Mirasol Inc., a Florida not-for-profit corporation, on behalf of the co personally known to me or has produced not take an oath. (Notary seal) LGL5246 \��G�OFiIA Oq��i�i/. ....... . � � � • �AM►SSIOry�, •�� %. � ;� °��\2s,?D��O9��. = '* i �� N i'� � �:. #DD020769 �'oQ-` %99�y�'a �axledltK`��:` Q� ��j �q .y br�c Und� �,0�� //////��//lltllilil� O�\\\\, notary public, this � day of Master Maintenance Associ�ation, poration, and he is 1/ as identification and did '7 � e � ��— , _�.I" Notary Publi� a d^for State of Florida at Large Printed name: 'f ,��w �� My Commission expires: q��[ d 6, a ea5 My Commission No.: b D ��•� �� S:\tayl\taylphs2\dwg\PHS2SK03.dwg O6/04/02 10:5b:12 ald :�- LEGAL DESCRIPTION THREE PARCELS OF LAND SITUATE IN StCTION 03, TOWNSHIP 42 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FtORiDA, BE{NG EASEMENTS 20.00 FEET iN WIDTH, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINES, EXCEPT THAT PORTICN LYING BETWEEN REFERENCE POINT C AND REFERENCE POINT D, SAID EASEMENTS BEING PORTIONS OF TRACT P—F, MIRASOL PLA7 ONE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGES 14 THROUGH 23, INCLUSIVE, GF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. BEING MORE PARTICI;LARLY DESCRIBED AS FOLLOWS: CENTERLINE N0. 1 COMMENCING AT THE SOUTHWEST CORNE� OF TRACT P—F OF SAID MIRASOL PLAT ONE; THENCE, ALONG THE WEST LINE OF SAID TRACT P—F, NORTFi 07'S5'46" WEST, A DISTANCE OF 31.47 FEET; TuE�CE NORTH 32'36'37" EAST, A DISTANCE OF 80.48 FEET TO THE POINT OF 9E�INNING OF CENTERLINE N0. 1; tHENCE, DEPARTING SA10 WEST LINE, SQUTH 67'47'35" EAST, A DISTANCE OF 65.57 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 45.00 FEET; THENCE EaSiERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 79'06'3�", A DISTANCE OF 62.13 FEET TO THE POINT OF TANGENCY; THENCE NORTH 33'05'47" EAST, A DISTANCE OF 108.93 FEET TO A POINT ON THE NORTH LINE CF SAID TRACT P—F, SAIQ POINT BEING REFERENCE POINT A AND THE POINT OF TERMINUS OF CENTERLINE N0. 1; CENTERLINE N0. 2 COMMENCING AT REFERENCE POINT A, iHENCE, ALONG SAID NORTH LINE, NORTH 88'38'39" EAST, A DISTANCE OF 240.84 FEET TO THE POfNT OF BEGINNING OF CENTERLINE N0. 2; THENCE, DEPARTING SAID NORTH LINE, SOUTH 50'19'09" EAST, A DISTANCE OF 27.31 FtET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HA`JING A RADIUS OF 140.00 FEET; THENCE SOUTHEASTERLY ALONG TNE ARC OF SAID CURVE THROUGH A CENiRAL ANG�E OF 58'33'58", A DISTANCE OF 143.10 F�_T TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH f�AVING A RADIUS OF 58.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAiD CURVE THROUGH A CENTRAL ANGLE 0� 62'14'20", A DISTANCE OF 63.00 Ft�T TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 35.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 86'S8'52°, A DISTANCE OF 53.13 FtET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTH NAVING A RADIUS OF 27.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 71'32'40", A DISTANCE OF 33.71 FE�T TO THE POINT OF TANGENCY; THENCE SOUTH 62'04'59" EAST, A DISiANCE OF 52.52 FEET TO REFERENCE POINT B; LEGAL DESCRIPTION CONTINUED ON SHEET 2 OF 7 REY: 6-04-02 ��- E.B. N0. 48 FlELD: --- DRAWN: JTC APPR: f:C�l MOCK • ROOS ENGINEERS • SURVEYOfi: • PLMI�.. 720 Corporate Way, West Palm Beach, Florida 3340 ' (561) 683-3113, fax 478-7248 SHEEf 1 OF 7 SEC. 03. TWP. 42 S., RGE. 42 E. EASEMENTS iRACT P—F MIRASOL PLAT ONE PB 89, PGS 14-23 PALM BEACH COUNTY, FLORIDA SCALE: NONE oA�: 5-as-o2 PANO. 99360.41 OR. N0. A-4103 S:\tayl\taylphs2\dwq\PHS2SK03.dwg 06/OS/02 07:39:54 AM =�" LEGAL DESCRIPTION (CONTINUED) THENCE SOUTH 58'27'35" EAST, A DISiANCE OF 43.82 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 225.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 0� 28'13'41", A DISTANCE OF 110.85 FEET TO jHE POINT OF TANGENCY; THENCE SOUTH 86'41'16" EAST, A DISTANCE OF 6.13 FEET TO REFERENCE POINT C, THENCE CONTINUING SOUTH 86'41'16" EAST, A DISTANCE OF 35.33 FEET TO REFEREIVCE POINi D, SAfD POVNT BEING THE POINT OF CURVATURE OF A CURVE CONCAVE TO T7E SOUTH HAVING A RADIUS OF 140.00 FEET; THENCE EASTERLY A�ONG THE ARC OF' SAID CURVE THROUGH A CENTRAL ANGLE OF 22'41'30", A DISTANCE GF 55.45 FEET TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 90.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE 0�' 75'34'09", A D�SiANCE OF 118.70 FEET TO REFERENCE POINT E, SAID POINT BEING THE FO�NT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE SOUTHEAST HAVlNG A RADIUS OF 98.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF S�ID CURVE TNROUGH A CENTRAI ANGLE OF 42'32'43", A DISTANCE OF 72.77 FE=� TO THE POINT OF COMPOUND CURVATURE OF A CURVE CONCAVE TO THE SOUTH ��,`lING A RADIUS OF 204.76 FEET; THENCE EASTERLY ALONG THE ARC OF SAIG CURVE THROUGH A CENTRAL ANGLE OF 21'39'10", A DISTANCE OF 77.38 F��T TO THE POINT OF REVERSE CURVATURE OF A CURVE CONCAVE TO THE NORTH N�1`JING A RADIUS OF 100.00 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRA� ANGLE OF 59'18'28", A DISTANCE OF 103.51 F_=i TO THE POINT OF TANGENCY; THENCE NORTH 45'19'31" EAST, A DISTANCE OF 30.32 FEET TO A POINT ON A NON- TANGENT CllRVE CONCAVE TO THE NORTH ��VING A RADIIlS OF 3a35.00 FEET FROM WHICH A RADIAL LINE BEARS NQRTH 02'C9'36" EAST, SAID POINT BEING ON THE NORTH LINE OF SAID TRACT P-F, SAID FOINT ALSO BEING REFERENCE POINT F AND THE POlNT OF TERMINUS OF CENT�RLINE N0. 2; CENTERLINE N0. 3 COMMENC{NG AT REFERENCE POINT F, T�ENCE EASTERLY ALONG THE ARC OF SAID CURVE, AND ALONG SAID NORTH LINE, TNROUGH A CENTRAL ANGLE OF 05'36'33", A DISTANCE OF 297.12 FEET TO ThE POINT OF TANGENCY; THENCE NORTH 86'33'03" EAST, A DfSTANCE OF 321.21 FEET TO THE POINT OF CURVATl1RE OF A CURVE CONCAVE TO THE NORTH HAVING A RADIUS OF 2163.00 FEET; THENCE EASTERLY ALONG THE ARC OF SA10 CURVE THROUGH A CENTRAL ANGLE OF 01'S5'18", A DISTANCE OF 72.55 F��T TO A POfNT ON A NON-TANGE(VT CURVE CONCAVE TO THE SOUTMNEST HAVING A RADIUS OF 45.00 FEET FROM WHICH A RADIAL LINE BEARS SOUTH 19'46'S4" 1N�ST; SAID POINT BEING THE POINT OF LEGAL DESCRIPTION CONTiNUED ON SHEET 3 OF 7 REV: 6-04-02 FlELD: --- DRAWN: JTC APPR: uH FL. L.B. NO MOCK • ROOS ENG�NEERS • SURVEYCR� • FlJ1N�6r.. 720 Corporate Way, West Palm 8each, Florida 33407 (561) 683-31 13, fax 478-7248 SHEEf 2 OF 7 SEC. 03 , TWP. 42 S., RGE 42 E. PEDESTRIAN ACCESS SCALF: NONE EASEMENTS TRACT P-F �ATE: 5-06-02 MIRASOL PLAT ONE pANO. 99360.41 PB 89, PGS 14-23 PALM BEACH COUNTY, DR. N0. A-4103 ci no�r�• S:\toyl\taylphs2\dwg\PHS2�K03.dwg O6/05/02 07:39:54 ,1A1 EDT �EGAL DESCRIPTION (CONTiNUED) ( BEGiNNING OF CENTERI.INE N0. 3; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 25'S3'38", A DISTANCE OF 20.34 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 44'19'27" EAST, A DiSTANCE OF 231.95 FEET TO THE POINT OF TERMINUS OF CENTERLINE N0. 3. THE SIDES OF THE ABOVE DESCRIBED EASEMENTS SHALL BE LENGTHENED OR SNORTENED, AS NECESSARY, IN ORDER TO MAINTAIN A CONTINUOUS STRIP OF LAND AND TO INTERSECT EXISTING EASEMENTS AND RIGHTS-0E-WAY OF RECORD. WITH THE FOLLQWING WIQTHS: CENTERLINE N0. 1 20.00 FEET IN '�IIDTH (CONCRETE WALKWAY) CENTERLINE N0. 2 POB N0. 2 TO REF PT. B (CONCRETE WALKWAY) REF PT. B TO REF PT. C (BOARDWALK SECTION� REF PT. C TO REF PT. (BOARDWALK SECTION� REF PT. D TO REF PT. (80ARDWALK SECTiON� REF PT. E TO REF PT. (CONCRE�E WALKWAY) 20.00 FEET IN WIDTH 20.00 FEET IN WIDTH 10.00 FEET (SOUTH) 20.00 FEET (NORTH) IN WIDTH 20.00 FEET IN WIDTH 20.00 FEET IN WIDTH CENTERLINE N0. 3 20.aa Ft�T {N 'NIDTH (CONCRETE WALKWAY) AREA SUMMARY: CENTERLINE N0. 1 CONTAINING 4,733 SQUARE FEET OR 0.11 ACRES, MORE OR LESS. CENTERLINE N0. 2 CONCRETE WALKWAY CONTAINING 13,135 SQUARE FEET OR 0.30 ACRES, MORE OR LESS. BOARDWALK SECTION CONTAINING 7,759 SQUARE FEET OR 0.18 ACRES, MORE OR LESS. CENTERLINE N0. 3 CONTAINING 5,048 SQUARE FEET OR 0.12 ACRES, MORE OR LESS. TOTAL CONTAfNiNG 30,675 S4UARE FEET OR 0.71 ACRES, MORE OR LESS. NOT VALID WITHOUT ACCOMPANYING SKETCHES NOTES : SHEETS 4, 5, 6 AND 7 OF 7 1. INFQRMATION SNQWN HEREON DOES NOT CONSTITUTE, NOR DOES IT REPRESENT, A SURVEY OF THE SUBJECT PREMISES. 2. NOT VALID WITHOUT THE SIGNATURE AND iHE ORIGINAL RAISED SEAL OF A FLORiDA LICENSED SURVEYOR AND MAPPER. 3. MOCK, ROOS AND ASSOGIATES, INC., LICENSED AUTHORIZATION N0. LB-048. REV: 6-04-02 �- E.B. N0. 48 FL L `_.��--�,��-- � � MARY HANNA CLODFELTER PROFESSIONAL SURVEYOR & MAPPER FLORIDA CERTIFICATE N0. 4763 Fl�� --- MOCK • ROOS DRANM: JTC ENGINEERS •. SURVEYORS • FLlJ�BiS �PR: MH 5720 Corporate Way, West Palm 8each, Florida 33407 (561) 683-31 13, fax 478-7248 SHEET 3 OF 7 SEC. 03 , 1WP. 42 S., RGE. 42 E 'EDESTRIAN ACCESS SCALE: NONE EASEMENTS TRACT P-F OATE: 5-06-02 MlRASO� PLAT ONE PB 89, PGS 14-23 PANO. 99360.41 PALM BEACH COUNTY, c, noinA OR. N0. A-41�3 S:\toyl�toylphs2\dwg\PHS2SK03.dwg 'O6/04/02 10:56:12 Ald EDT LOCATION MAP LEGEND NOT TO SCALE AC ACRES C� CENTERLINE ORB OFFICIAL RECORO BOOK PAE PEDESTRIAN ACCESS EASEMENT PB P�AT 800K �PG(S) PAGES POB POINT OF BEGINNING POC POINT OF COMMENCEMENT REF PT REFERENCE POINT SQ FT SQUARE FE�T 20 PAE REf PT A � N0. 1 J�RMINUS 4,732 SQ FT � N0. 1 0.1 1 AC + - TRACT E PB 89, PGS 14-23 JOG ROAD NOTES: 1. INFORMATION SHOWN HEREON DOES NOT CONSTITUTE, NOR DOES 1T REPRESENT, A SURVEY OF THE SUBJECT PREMISES. 2. NOT VALIO WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA UCENSED Sl1RVEY0R ANO MAPPER. 3. MOCK, ROOS AND ASSOCIATES, INC., LICENSED AUTHORIZATION N0. LB-048. 4. BEARINGS SHOWN HEREON ARE BASEO A PORTION OF THE SOUTH LiNE OF TRACT P-F, MiRASOL PLA7 ONE, AS RECORDED IN PLAT BOOK 89, PAGES 14-23, PUBUC RECOROS Of PAUA BEACH COUNTY, FLORIDA, BEARING BEING NORTH 86'27'09" WEST. o 0 N � w o � � Z w � J o Q U '- cn U O = � Q � c� 0 MIRASOL PLAT ONE P4B P8 89, °GS 14-23 � NQ. N88'38'39"E 246.84' S6T47'35'E N08 1 fi5.57' N33'05'47'E � 108.93' ; 20' PAE� Ct N0. 2 CONCRETE WALKWAY 13,135 SQ FT � R=45.00� TRACT 0.30 AC + - p_F BQARQWALK S CTION � N32'36'37"E �=79�06�39� pg gg, 7,759 SQ FT 80.48' L=62.13' Pcs � 4-23 0.18 AC +/- NOT55'46"W BASIS OF BEARING / 31.47' N88'27'09"W 1 POC � N0. 1 SW C RNER TRACT P-F P8 89, PGS 14-23 REV: 6-04-02 FlELD: --- DRAWN: JTC APPR: uH�dK� � NORTH LINE TRACT P-F PB 89, PGS 14-23 � 27.31' � _ .� -� - .___� R=140.00' �=58'33'S8' R=58.00' L=143.10' p=gr14'20" -SOUTH LINE L=63.00' TRACT P-F P8 89, PGS 14-23 � TRACT B �PGA BOULEYARO PGSB 189�23 ORB 879, PGS �49, 565- ORB 2399, PG i 073 SOUTH LINE OF THE� ROAD P8 0, PG 1 10 gyy 1/4 OF SECTION 3, TOWNSHIP 42 S, RANGE 42 E PGA RESORT COMMUNITY PLAT N0. 1 PLAT BOOK 36, PAGE 198 E.B. � _ � w z J S U � SHEET 4 OF 7 03 , TWP. 42 S., RGE. 42 E. =SS SCALE: t'=100' MOCK • ROOS ��M PNT� ENGINEERS =SURVEYORS • FIN�SZS MIRASO� PLAT ONE PB 89, PGS 14-23 Corporate Way, West Palm 8each, Florida 33407 PALM BEACH COUNTY, (561) 683-3113. fax 478-7248 FLORIDA DATE: 5-06-02 PANO. 99360.41 OR. N0. A-4103 S:�tayl�taylph52�dwg\PHS25K03.dwg O6/04�02 10:56:12 AAi EDT � � 1 PT C 6.131 � S ITE � � � u'� � � �---� � � � � PGI A BI.VD W W W W (= N l= N S8541' 16"Ef 41.46' 10' � w _ N W z J _ N Q � NOTES: t. INFORMATION SHOWN HEREON DOES NOT CONSTITUTE, NOR DOES IT REPRESENT, A SURVEY OF THE SUBJECT PREMISES. 2. NOT VALIO WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLaRIDA LICENSED SURVEYOR AND MAPPER. 3. MOCK, ROOS AND ASSOCIATES, INC., LICENSED AUTHORIZATION N0. LB-048. 4. BEARINGS SHOWN HEREON ARE BASED A PORTION OF THE SOUTH LINE OF TRACT P-F, MIRASOL PLAT ONE, AS RECORDED IN PLAT BOOK 89, PAGES 14-23, PUBLIC RECOROS OF PALM BEACH COUNTY, FLORIDA, LOCATION MAP BEARING BEING NORTH 86'27'09" WEST. NOT TO SCALE �cENo AC ACRES DETAlL �k. CENTERLINE ° NOT TO SCALE ORB OFFICIAL RECOR� BOOK � 20' PAE PEDESTRIAN ACCESS EASEMENT �' r PB PLAT BOOK v � PG(S) PAGES � � 35.33� POB POINT OF BEGINNING POC POINT OF COMMENCEMENT � REF PT REFERENCE POINT �— � SQ FT SQUARE FEET a PT D .l� �o� � • TRACT E PB 89, PGS 14-23 R=27.00 — �=71'32'40� L=33.71' S 52 5259wE TRACT o-F P 5 8., _� � REF Pcs 1�-z3 � R=35.00' � B p�Ai� Rff �=8558'52' �� 6.1 � �,�5.33' L=53.13' R=225.00' � S58'27'35'E p=28'13'41" \ �•82� L=110.85' SOUTH u�— BASIS OF BEARING �TRACT P—F N88'27'09"W P8 89, PGS 14-23 �PGA BOULEVARD ORB 879. PGS 549, 565 ORB 2399, PG 1073 ROAD P8 6, PG 110 PGA RESORT COMMUNIT PLAT N0. 1 PLAT BOOK 36, PAGE 198 REV: 6-04-02 i MIRASOL PLAT ONE PB 89, PGS 14-23 R=204.76' �=21'39'14' � L=77.38' R=98.00' �=42'32'43" L=72.77' R=140.00' � � � �=22'41'30' 20' PAE L=55.45' Ct N0. 2 � CONCRETE WA�KWAY 13 135 SQ FT PT D R� 0.30 AC +l- 586•4��6■E pT E BOARDWALK SECTION 41.46 7,759 SQ FT n�st er �l_ r�-av.vv `� TRACT B 0=75'34'09� P8 89. L=118.�0� PGS 14-23 SOUTH LINE OF THE� SW t/4 OF SECTION 3, TOWNSHIP 42 S, RANGE 42 E Fl�- --- MOCK • ROOS ORAWN: JTC ENGINEERS • SURVEYORS • PLAti�B�S �PR. �H 5720 Corporate Way, West Palm Beach, Florida (561) 683-3113, fax 478-7248 ca w 2 � w Z J _ H Q � SEC. 03 , TWP. 42 S., PEDESTRIAN ACCESS scuF: EASEMENTS oAr�: TRACT P—F MIRASOL PLAT ONE pANO. PB 89, PGS 14-23 PALM BEACH COUNTY, DR. N0. r� �r��r�� F-- w w l� z W J ¢ � N U � _ � Q � C� 0 5 OF 7 RGE. 42 E. �'=�oo' 5-06-02 99360.41 A-4103 S:\tayl\taylphs2\dwg\PHS2SK03.dwg 06/04/02 10:56:t2 A1� EDT 1 � SlTE � � �� W W W W N N N N PGA BLVD LOCATION MAP LEGEND NOT TO SCALE AC ACRES � CENTER�INE OR8 OFFICIAL RECORD 800K PAE PEDESTRIAN ACCESS EASEMENT PB PLAT BOOK PG(S) PAGES POB POINT OF BEGINNING POC POINT OF COMMENCEMENT- REF PT REFERENCE POINT SQ FT SQUARE FEET � w _ N W Z J _ H Q � W Q° ¢° ol �N4.5'19'31'E1 z°, - TR?�CT E G� �C PGS 14-23 NOTES: 1. 1NFORMATION SHOWN HEREON DOES NOT CONSTITUfE, NOR DOES IT REPRESENT, A SURVEY OF THE SUBJECT PREMISES. 2. NOT VAUD WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FlORIOA LICENSED SURVEYOR AND MAPPER. 3. MOCK, ROOS ANO ASSOCIATES, INC., LICENSED AUTHORIZAT40N N0. LB-048. 4. BEARINGS SHOWN HEREON ARE BASED A PORTION OF THE SOUTH LINE OF TRACT P-F, MIRASOL PLAT ONE, AS RECOROEO IN PLAT 800K 89, PAGES 14-23, PUBl1C RECORDS OF PALM BEACH COUNTY, FLORIDA, BEARING BEING NORTH 86'27'09" WEST. o ^ , o ' V N w o �'- `n Z w o '� o Q U � N MIRASOL PLAT ONE � JOG ROAD PB 89. PGS 14-23 0= � R=3035.00' �=297.12' REF PT F ��'30'33" _ TERMINUS Ct N0. 2 20' PAE C� N0. 2 R=140.00' CONCRETE WALKWAY �=5g• � g'2g' � 3,135 SQ F�T L=103.51' 0.3Q AC + - BOAROWALK S CTION TRACT P-F PB 89, PGS 14-23 7,759 SQ FT BASIS OF BEARING 0.18 AC +/- _ N88'27'09"W � � 4 NORTH LINE � TRACT P-F � PB 89. � � PGS 14-23 — N86' 33' 03"E 321.21' SOUTH LINE TRACT P-F PB 89, PGS 14-23 � TRACT B �PGA BOULEVARD PB 8g� PGS 14-23 OR8 879, PGS 549, 5�- —�- OR8 2399. PG 1073 SOUTH LINE OF THE1 ROAD P8 6, PG 1 10 SW 1/4 OF SECTION 3, TOWNSHIP 42 S, RANGE 42 E PGA RESORT COMMUN4iY PLAT N0. 1 PI.AT 800K 36, PAGE t �� REV: 6-04-a2 �- E.B. N0. 48 F1. LB. N0. 48 Fl�� --- MOCK • ROOS DRAWN: JTC ENGINEERS • SURVEYORS • R�NEiS APPR: M 5720 Corporote Way, West Paim Beach, Florida 33407 (561) 683-31 13. fax 478-7248 � � _ � w Z J _ U Q � � SHEEf 6 OF 7 SEC. 03 , iWP. 42 S., RGE. 42 E. PEDESTRIAN ACCESS sc�: �'=�oo' EASEMENTS DATE: 5-06-02 TRACT P-F MIRASOL PLAT ONE pANO. 99360.41 PB 89, PGS 14-23 PALM BEACH COUNTY, OR. N0. A-4103 r� �r�.r�. S:\tayl\taylDhs2\dwg\PHS2SK03.dwg 06/04/02 10:56:12 AM :DT NOTES: t. INFORMATION SHOWN HEREON OOES NOT CONSTITUTE, NOR DOES IT REPRESENT, A SURVEY OF THE SUBJECT PREMISES. 2. NOT VALID WITHOUT THE SIGNATURE ANO THE ORIGINAL RAISED SEAL Of A FLORIDA UCENSED SURVEYOR AND MAPPER. 3. MOCK, ROOS AND ASSOCIATES, INC., LICENSED AUTHORIZATION N0. LB-048. 4. BEAR�NGS SHOWN HEREON ARE BASED A PORTION OF THE SOUTH LINE OF TRACT P-F, MIRASOL PLAT ONE, LOCATION MAP AS RECORDED IN PLAT BOOK 89, PAGES 14-23, NOT TO SCALE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIOA, LEGEND BEARING BEING NORTH 86'27'09" WEST. AC ACRES ° CENTERIINE , � � w OR8 OFFICIAL RECORD BOOK PAE PEDESTRIAN ACCESS EASEMENT � 0 ' Pc ( s) PAGES800K MIRA50� P�� a�2 E ,�, ? P08 POINT OF BEGINNING �3 g9, P�5 � � W PGC POINT OF COMMENCEMENT REF PT REFERENCE POINT __ - SQ FT SQUARE FEET • TRACT E POB — PB 89, � N0. 3 PGS 14-23 — N8533'03 321.21 R =21 °� o Q JOG ROAD � c�n _324.04' �p8• �5' O1» � _ L � Q � C� O - � -�� ` � � PAE R=2163 00» a�� s N0. 3 P FT �Sr ♦ 5 048 SQ FT �=01'S5 18 �� i9, 0.�12 AC +/- L=72.55' �/ �j, w � NORTH LINE = TRACT P—F N PB 89, PGS 14-23 W z J c=j BASIS OF BEARING Q N88'27'09"W � F'` S81'45'36"W R=45.00' �'�� 5.05 0=25'S3'38' �`�s• � L=20.34' S8�'�;,'36"w SOUTH L1NE 51.81' _ � TRACT P-F PB 89. ,, PGS 14-23 PGA BOULEVARD � ORB 879, PGS �49, �o� ORB 2399, °G 10%3 ROAD PB o, PG t? Q PGA RESORT COMMUNITY PLAT N0. 1 PLAT BOOK 36, PAGE 198 REV: 6-04-02 �- E•B• N0. 48 FlE�: --- MOCK • ROOS DRAYVN: JTC ENGINEERS - SURVEYOR3 • RMt�62S �PR: � 5720 Corporate Way, West Palm 8each (561) 683-31 13, fax 478- TRACT E PB 89, PGS 14-23 N0. WATER MANAGEMENT TRACT LK-21 PB 89, PGS 14-23 , \ � �- TRACT B PB 89, _�_ PGS 14-23 � SOUTH LINE OF THE SW 1/4 OF SECTION 3, TOWNSHIP 42 S, RANGE 42 E L.B. Fiorida 0 SHEET 7 OF 7 SEC. 03 ,'iWP. 42 S., RGE. 42 E. PEDESTRIAN ACCESS sc�: i'=ioo' DATE: 5-06-02 L PLAT ONE PANO. 99360.41 PGS 14-23 ACH COUNTY, DR. N0. A-4103 ��. CITY OF PALM BEACH GARDENS PALMBEACH CDUNTY, �'LORIDA PROCLAMATION WHEREAS, city goaernment is the government closest to most citizens, and the one with the most direct ddily impact upon its residents; an,d WHEREAS, city government is administered for and by its citizens; and WHEREAS, city government officials and employees share the responsibility of educdting their residents abor�i public service and ats benefits; and WHEREA,S, Florida City Governm.ent Week was established to recognize the essential role played by city gouernment in our liues; and WHEREAS, this week offers an opportunity to spread th.e word to all the citizens of Florida thczt they can shape and influence this bran.ch of gouernment which is closest to them; and WHEREAS, the Goaernor and Cabinet of the State of Florida haue set aside this week to recognize and honor the efforts of city gouernments. NOW, THEREFORE, I, Eric Jablin, Mayor of th.e City of Palm Beach Gardens, Florida, do hereby procEaim the Week of October 20 through 26, 2002, as FLORIDA CITIT GOVERNMENT WEEK and urge all residents, government ofj`acials and employees of the City of Palm Beach Gardens, Florida to acknowledge this week. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, b 's 3rd Day of obar� 2. J IN ATTEST.• PATRICIA SNIDER, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 9, 2002 Meeting Date: , October 3, 2002 Ordinance: 35, 2002 SubjectlAgenda Item: Ordinance 35, 2002, Amending Chapter 50 of the Code of Ordinances, "Police," Article III, "Police Officers' Retirement Trust Fund," Sections 50-120 & 50-152. (First Reading) [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ -0- Council Action: Finance (Total) City Attorney � � � APProved $ [ ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: [ ] Operating Attachments: Paper: [] Other • Ordinance 35, 2002 Submitted by: Allan Owens [X] Not Required Financ Administrator Department Director Affected parties Budget Acct.#: Appro d by: }-�otified [ ] None City Manager [ ] Not required Date Prepared: September 9, 2002 Meeting Date: September 18, 2002 Ordinance: 35, 2002 • BACKGROUND: The Police Pension Plan's Board of Trustees has requested their Plan be amended in the following sections - Section 50-120 "Separation from service", and Section 50-152 "Amounts payable upon election to participate". The requested amendments would provide the following: 1. Refunds of buy back contributions would be made without interest. 2. An employee's account in the Deferred Retirement Option Plan (DROP) may earn interest in one of two ways: • Gains or losses at the same rate of return earned by the Pension Fund Assets; or • A guaranteed rate of six and one-half percent. The above options would be selected prior to the first deposit in the DROP account, and the election would be irrevocable. 3. An employee's DROP account shall be assessed an administrative fee based upon the ratio that the employee's DROP account bears to the Plan as a whole. The actuarial firm of Gabriel, Roeder, Smith & Company has prepared impact studies of the proposed changes, and has expressed their opinion that the changes would have no actuarial impact on the Plan. Copies of the actuarial impact statements are attached. • MISC / OTHER: N/A • STAFF RECOMMENDATION: Staff recommends a motion to approve Ordinance 35, 2002 on first reading and setting the second and final reading for October 3, 2002 at 7:00 pm in the Council Chambers. • ORDINANCE: Attached. @9f99/2002 12:22 5616555920 HANSON PERRY& JENSEN PAGE 02 GABRIEL„ ROEDER, SMITH & COMPANY Consultarrt9 8� Actuariea 301 East les O�s Blvd. � Sulte 2U0 � Ft. Leudardale, Fl. 33.�01-2254 • 954•527-1616 � FAX 954525-0063 September 6, 2002 Bonni Jensen, Esq. Hanson, Perry � Jensen, P.A. 105 South Narcissus Avenue, Suite 510 West Palm Beach, Florida 33401 Re: Palm Beach Gardens Pofice Officers Pension Fund Dear Bonni: '� 1; lUJ L�, � lJ L� 4�, i � !�� SEP — 9 2002 ' (,� �j�,,��on�, P�P,RY & 1FtdSEf�, �A. You have asked us to review a proposed ordinance which would: {a) Clarify that refunds of inember contributions indude the membe�'s buy-back contributions, and (b) Provide an option for DROP participants to receive a fixed 6.5% rate of interest instead of the rate eamed by the pension fund. In our opinion, e�actment of this orclinance will have no actuarial impact on the Plan. We welcome yqur questions and comments. Sincerely yours, 1- � J. Stephen Palmquist JSP/or cc: Joseph Mastrangelo CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 35, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 50 OF THE CODE OF ORDINANCES, "POLICE," ARTICLE III, "POLICE OFFICERS' RETIREMENT TRUST FLTND," SECTION 50-120, "SEPARATION FROM SERVICE," AND SECTION 50-152, "AMOUNTS PAYABLE UPON ELECTION TO PARTICIPATE," TO INCLUDE BUY BACK CONTRIBUTIONS IN THE AMOUNT REFUNDED TO THOSE NOT ELIGIBLE TO RETIREMENT BENEFITS AND TO REVISE THE METHOD IN WHICH PAYMENTS TO THE DEFERRED RETIREMENT OPTION PLAN EARN INTEREST; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, at the request of the participants, the Board of Trustees of the Palm Beach Gardens Police Pension Fund ("Fund") desires to improve certain Fund benefits relating to the method by which payments to the Deferred Retirement Option Plan ("DROP") earn interest and to clarify language relating to the refund of contributions for persons not eligible to receive retirement benefits; and WHEREAS, the Board of Trustees of the Fund has determined that it is in the best interest of the participants and beneficiaries of the Fund to make these changes and the City Council desires to implement these improvements; and WHEREAS, the City Council determines that the adoption of this Ordinance is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby amends Chapter 50 of the City Code of Ordinances, "Police," Article III, "Police Officers' Retirement Trust Fund," section 50-120, "Separation from service," to read as follows (new language is underlined): Sec. 50-i 20. Separation from service. *** (c) A member who does not meet the requirements of subsection (a) or (b) of this section shall receive a refund of all contributions, includinq buy back contributions made in accordance with section 50-127, without interest. SECTION 3: The City Council hereby amends Chapter 50 of the City Code of Ordinances, "Police," Article III, "Police Officers' Retirement Trust Fund," section 50-152, "Amounts payable upon election to participate," to read as follows (new language is underlined and deleted language is ): Sec. 50-152. Amounts payable upon election to participate. *** (b� D��S +� +h� 11QnD r.or��rt c+ ��e.i.-�r. +ho r�4e nf \ ir��i�c��men4 ro4� �rr� ��rnorl nn r�'+r+c�i�n 4� �nrl �c��+�c� r�l� irinn �h`+ i 7_m�n4h r�orinrl pq�{yqp„Cna{��or 4l1+h Thn r�+o rl�+/�Y�YII ��oll ho +hn r�+�n�veioe-1 tn .....�...y ...�.,ra cr'vvcr'r.—r��c-rcrcc-crv-rTITRI Rl'I�CfTV TTC-iGrCO �h� rli�ii�inn nf ro+ir�me�n+ n� �rc•� ��n� 4� C.0 i.' i 1 7�`!1 ot c•on An employee�.S account in the DROP program shall earn interest in one of two ways. The selection of the earnings program shall be irrevocable and shall be made prior to the first deposit in the DROP account. The options are as follows: (1� Gains or losses at the same rate of return earned by pension fund assets; or (2) A guaranteed rate of six and one-half (6.5) percent. However, if a police officer does not terminate employment at the end of participation in the DROP, interest credits shall cease on the DROP balance. An employee's DROP account shall be assessed an administrative fee that is based upon the ratio that the Employee's DROP account bears to the Fund as a whole. *** SECTION 4: The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 5: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 7. This Ordinance shall become effective upon adoption. PASSED, FIRST READING this day of , 2002. PASSED, SECOND READING this day of , 2002. PASSED, ADOPTED AND APPROVED this day of , 2002. SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Ordinance Staff Package(319.062)lgr-doc320 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 22, 2002 Meeting Date: October 3, 2002 Ordinance 38, 2002 SubjectlAgenda Item: Ordinance 38, 2002 — Building Code and Permit Fees Public Hearing/Second Reading: Consideration of approval of a City-initiated amendment to Chapter 86, Article II of the City Code of Ordinances to adopt the Florida Building Code, authorize the adoption of the building permit fees and related charges by resolution, and clarify the Code provisions relating to the stay of code enforcement proceedings for housing code violations. [X ] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept: Costs: None Council Action: City Attorney � City Attorney � [] Approved �e- Growth Management Funding Source: [] Approved with conditions [ ] Operating [ ] Denied [ ] Other [ ] Continued to: Advertised: Submitted by: City Attorney� Date: Attachments: Paper: Budget Acct. # [ X] Not Required Ordinance 38, 2002 Approved Affected parties: City Manag r [ ] Notified [ X] Not Required Date Prepared: September 22, 2002 Meeting Date: October 3, 2002 Ordinance 38, 2002 BACKGROUND: The Florida Legislature recently adopted the Florida Building Code, a statewide code governing the design, construction, erection, alteration, modification, repair and demolition of all public and private buildings, structures and facilities throughout the State. This Ordinance would recognize the adoption of the Florida Building Code and remove all references to superceded building and trade codes. In addition to the foregoing, this Ordinance removes the schedule for building permit fees and related charges from the Code of Ordinances and authorizes the adoption of such fees by resolution. These fees and charges will be incorporated into a City- wide fee schedule to be adopted by the City Council in October. Finally, this Ordinance clarifies language addressing code enforcement proceedings for housing code violations. Code enforcement proceedings will be stayed only where an appeal is pending before the housing board of appeals and not in circumstances where an appeal from the findings of the code enforcement special master is pending in the judicial system. STAFF RECOMMENDATtON: Adoption of Ordinance 38, 2002 on second reading. CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 38, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REVfSING CHAPTER 86 OF THE CITY CODE OF ORDINANCES, "BUILDINGS AND BUILDING REGULATIONS," BY AMENDING ARTICLE II, "STANDARDS," SECTION 86-26, "BUILDING CODE ADOPTED; PERMIT FEES," AND SECTION 86-27, "TRADE CODES ADOPTED," TO ADOPT THE FLORIDA UNIFORM BUILDING CODE, PROVlDE FOR THE ADOPTION OF BUILDING PERMIT FEES AND CHARGES BY RESOLUTION AND CLARIFY PROVISIONS RELATING TO THE STAY OF CODE ENFORCEMENT PROCEEDINGS FOR HOUSING CODE VIOLATIONS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in accordance with section 553.73, Florida Statutes, the Florida Building Commission adopted the Florida Building Code, incorporating all laws and rules which pertain to and govern the design, construction, erection, alteration, modification, repair and demolition of all public and private buildings, structures, and facilities throughout the State; and WHEREAS, the City wishes to amend its Code to reference the Florida Building Code, which automatically went into effect earlier this year; and WHEREAS, sections 166.201 and 166.222, Florida Statutes, authorize the City to charge and collect licenses and fees, including building code inspection fees and building permit fees; and WHEREAS, in order to facilitate revisions and updates to such fees and charges, the City wishes to remove them from the Code of Ordinances and provide for their adoption by Resolution; and WHEREAS, the City Council determines that the adoption of this Ordinance is in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby amends Chapter 86 of the City Code of Ordinances, "Building and Building Regulations," Article II, "Standards," to read as follows (new language is underlined and deleted language is �): ARTICLE II. STANDARDS Sec. 86-26. Building code adopted; permit fees. (a) Adoption. , ' , , •, , , The Florida Building Code, as adopted and updated by the Florida Building Commission, including all local amendments thereto, is adopted as the building code of the city. (b) Permit fees, charges and expenses. (1) The permit fees, charges and expenses authorized by the citv council shall be adopted by resolution and ' shall be exacted by the city upon application for building permits. Primary permit fees shall include the fees for subpermits, provided that the necessary information is completely and adequately detailed on the plans and other information submitted at the time the fees are calculated. Primary permit types shall be determined by the building official and posted on or before October 1 of each year. Valuation rates for such permit fees shall be found in the Standard Building Code Evaluation Table, latest edition, as published by the Standard Building Code Congress International, Inc. , , -- - -- _;- : -.: :- .- -,- . ... -- - ....:.- . ..- ••- •- . -- -- -.. .....:.- . . . .. ... .. . . -- ---- -;- :.- --- ... .. - -- -- -- --- -- - - -- - - - - -- -- --- -- _ . . . . --- ;-: : -- : :. -: -- •- - . --: : .. . �: :- --- : -- -:- - --- - ; -- - -2- . :��•;►:.•.�.►_.:� :��.��.►_��.■•.:..:.: . . - - --; - ;- - - .; ;- --- ; -:-- .- ;- _� : .-:- : :.-: .- -- - -- - .- -- ; :. ;-, - -.;--- ;- ; ; - - --- ;- ; .- - - --;-- ;- • •- - - : . .. - -- ----- -- -- - - - -- - -- -- . . . .. . . . . . . ::- - -- -- .. ------- -- - - ;- -- - •- ---- - --------- -- - -- - --- -- - . . . •. .. . . :- -- : -- _:: :.- .; -- -: - ;- - - ------ -- ----- --- ----- -- -- - -- --- . . .. . . . .. . .. . .. ; - ;- -- ; ;. -;- - -;�-- ; -- : ::-- ;. -- .. .. :- --;-- ; ; --;-- ;- - --- - : - :. : -: :- -- - _:: :- ; -- ; ; -- ;- -- ;: ; -- ; ,. - ;- ;-- ;-- ;- ; --; -- ----- ;- -::- - :: r��ir.��►�►3��R��i��r_►zt��..��i �ii►=i►�i�r-:n►��ii��rw�� - - �r�!Ei!r�!�r�R��r_�! ;- -- _:. . . .. . : . _ - : - - - - - , - - . - : - : - � . - - - - : - - � - -- - - - -- � . - - - : - - � - - - : - - - - : - ; : - - - - : , : .. .. - -- : . : - : -- :: - - - -- - : . . .. , , - - - - - - - - - - - - - - - - - - - - - - - - - - . . . ... .• . . -- -- -- -- -- - --- --- - -- � - --- . . . . . . '. . .. ;. - -:- . .. :. - -� --- - --: - - - - -- : : - :- -- -- Sec. 86-27. �ra�de Housinp codes adopted. - - --- -- ------- -- --- --- - -- -- ----- ---- -- . . . .. . .. .... . - .-._- : --..-: : -----.-- --- _::: :. ------ -- ---- - - --- -- --- - -- -- -- -- ---- - ��----- -- --- . . . . . . .. . . . _ . .. -3- r_tr_��!K�w�!r�sr_r�±r_�rr��.� _ . . .. . .�. .. - -- -; �- --; -- - ;-- _ . -- -- :;- - -- -; �- -- :.: ---; ;. -- :. -- .. : �: ::- ; - ; - - - - - - ; - - - - - - - - - - ; - - - - ; ; - - ; - - - : :.' ': '::- :::: -: -:.- -; �- - - -:.' -: ::: : : : :: - - - - - � - - - - - (�a) The Standard Housing Code, latestedition, as published bythe Southern Building Code Congress International, Inc., is adopted by reference and made a part of this code. (�b) The building official is designated as the housing official and the zoning board of appeals is designated as the housing board of appeals as prescribed in the housing code adopted in subsection {�� of this section. (3c) In addition to the remedial action set forth in this chapter, the city may enforce the housing code under the code enforcement procedures as provided in section 2-186 et seq., either concurrently or in the alternative in the discretion of the housing official, provided while an appeal to the housing board of appeals is pending any action underthe code enforcement procedures shall be stayed until a final order is entered on such appeal. SECTION 3: The provisions of this ordinance shall become and be made a part of the code of laws and ordinances of the City of Palm Beach Gardens, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 4: All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 5: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. This Ordinance shall become effective November 1, 2002. PASSED, FIRST READING PASSED, SECOND READING this 18th day of September, 2002. this day of PASSED, ADOPTED AND APPROVED this -4- 2002. day of , 2002. SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT P:\CPWin\H I STORY�020806A\43F.13C(319.062)Igr-doc316 -5- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 15, 2002 Meeting Date: October 3, 2002 Resolution: Resolution 171, 2002 Subject/Agenda Item: Resolution 171, 2002 — Amendment to the Regional Center DRI/PCD Public Hearing/Consideration of Approval: A request by Catalfumo Construction and Development, Inc., to amend the Development Order of the Regional Center Development of Regional Impact (DRI) by extending the build-out date from February 16, 2004, to January 16, 2009. The petitioner is requesting a four-year and eleven-month extension. The Regional Center DRI is located at the northeast corner of PGA Boulevard (Blvd.) and Alt. A-1-A and extends westward to the intersection of PGA Blvd. and Prosperity Farms Road. [ X ] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA City Council Action: Growth Management: [ ] Approved Principal Planner Talal M. Ben man, AICP Costs: $ [] App. w/ conditions Project Total [ ] Denied City Attorn y Manager�_ [] Rec. approval Talal M. Benothman, $ [] Rec. app. w/ conds. AICP Current FY (] Rec. Denial Finance NA [ ] Continued to: Human Res. NA Funding Source: Submitted by: Advertised: Attachments: Growth Date: 9/19/02 [] Operating • Map H Manage � .� � Director Paper: Palm Beach [X] Other NA Condition 43 Post of Charles K. Wu, AICP Development [X] Required Order Appro Budget Acct.#: NA Rona . F ris City Manager Date Prepared: September 15, 2002 Meeting Date: October 3, 2002 Resolution: Resolution 171, 2002 BACKGROUND On February 16, 1984, the City Council approved the Development Orderforthe Regional Center DRI by adopting Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of retail, office, hotel, residential, open space and community use. The Development Order currently permits the development of 1,640,000 square feet of retail, 1,210,000 square feet of office (business), 381,650 square feet ofi hotel (449 rooms), 235,200 square feet of office (research), and 1,813 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most-recently adopted NOPC to the Development Order of the Regional Center DRI was approved by the City Council on March 7, 2002, by Resolution 81, 2001. The previously adopted NOPC allowed the following: • Reconfiguration of the alignment of Victoria Gardens Drive; • Relocating the two-acre Neighborhood Commercial parcel (Parcel 6) west of the water management tract, east of Victoria Gardens Drive, and south of Gardens Parkway; • Redesignating the current Neighborhood Commercial parcel as a two-acre Multifamily Residential (an increase in residential acreage but not in number of units); • Removing the already approved 25,000 square feet of retail on Parcel 27.05 and allocating it to Parcels 27.12 and 27.14 (Menin project), per City Council direction; • Reconfiguring Parcel 7 as a 1.5-acre parcel for passive open space connected to the water management tract in addition to providing a 3-acre area for active open space with improved pedestrian walks and public gathering areas primarily around the lake. This includes street furniture and covered public space. The applicant has also agreed to provide a 30,000-square foot pavilion for public use to be located west of the lake. Park furniture, landscaping, and maintenance of the pavilion will also be provided by the applicant, per City Council direction; • Designating the remaining acreage of Parcel 7 for Office/Hotel/Community Use and combining it with Parcel 2 immediately to the south; • Increasing the square footage of retail commercial uses by 200,000 square feet; • Limiting the conversion matrix to those parcels so identified on Map H. The conversion of retail commercial has also been limited to only Parcels 27.12 and 27.14 (Menin project); and • Amending Condition number 1 of the Development Order of the Regional Center DRI to establish and adopt a conversion matrix containing conversion rates for the approved uses. This would allow the conversion of one use to another without having to initiate an NOPC, provided the various regional and state agencies are notified of such 2 Date Prepared: September 15, 2002 Meeting Date: October 3, 2002 Resolution: Resolution 171, 2002 conversion. PROPOSED MODIFICATION The applicant proposes to make only one change, which is extending the build-out date of the DRI by four years and eleven months. The amendment will modify Condition 43 of the Development Order (Resolution 96, 1999} to reflect the new build-out date. STAFF ANALYSIS The proposed modification does not constitute a substantial deviation, since the proposed time extension period is less than five years. Section 380.06(19)(c) of Chapter 380 of the Florida Statutes states that "any extension of less than five years is not a substantial deviation." LOCAL PLANNING AGENCY RECOMMENDATION On August 27, 20002, the Local Planning Agency reviewed the proposed amendment and recommended approval by a vote of 7-0. STAFF RECOMMENDATION Staff recommends approval of Resolution 171, 2002 to extend the build-out date of the Regional Center DRI Development Order from February 16, 2004, to January 16, 2009. G:Talal/DRI/DRI-NOPC-02-01 The Regional Ce�ter DRI/PCD Developme�t Orc1e� (a) A substantial deviation from the terms or conditions of this Development Order, or other changes to the approved Development Plans which create a reasonable likelihood of adverse regional impacts or other regional impacts which were not evaluated in the review by the Treasure Coast Regional Planning Council, or (b) An expiration of the period of effectiveness of this Development Order as provided herein. Substantial deviation shall be as defined in Chapter 380, Florida Statutes. • Upon a finding that any of the above is present, the City Council shall order termination of all development activity until fizrther review in accordance with §380.06(17)(a), Florida Statutes, 43. That this Development Order shall remain in effect for a period of �wenty (20) years from the date of its rendition (February 16, 1984), provided that this effective periad may be extended by this City Council upon a finding of excusable delay in any proposed development activity and that conditions have not changed suf�iciently to warrant further consideration of the Development. 44. During the period of effectiveness of this Development Order, the Developer shall annually provide the City of Palm Beach Gardens, the Treasure Coast Regional Planning Council, and Department of Community Affairs with a summary of completed construction and a schedule of proposed construction over the remaining life of the Development Order. This summary shall be in the form designated by the Treasure Coast Regional Planning Council. 45. The Developer shall, six (6) months from the date of tlus Order (February 16, 1984) and every six (6) months thereafter, meet with the City Manager and any other governmental agency so designated by the City Council, for the purpose of informing the City of the present status and updated growth projections of the Development. W ` r •. a��, �//S'��Ge�k of the Gity cf Pa�m 1 Beach Ga�dens do hercby certily that tihis is a tr of Pa1tA as taken fcom the O idai �ecords of the City Beach �C*arde s. �- , Resoiution 96, 1999 �� ibit - Page XViI � c�e�+c. l COMNUNITY.SERVING OPEN SPACE IOGTON � . . Atli6 TOTFL [emo•s•��• � . weL � �� .wme?s wMrwaerm�y w• �� C�N�uYtr�m's� � �s RWecWWa wm� mm�YS . � Iwrsmn �re�ivirr �ww�.�an " N�eev�W�lllus�v/�rt44'�.ui y " rmiu�"i.v.m.�.:.r+s�m-�. u u . a..�...,.�..�.. .� ,. s� mor..mim:s.sro.w�.w,.�oa+n..w..aa'i.w.:.�m �� wmu mma ' W�ir.any�uY1Y� � yy heNUTW . 1brlem�NY ' . �!BLIG PA KA.Ee � NOTE INCLWES 31.W ACRES OF FUBLIC PNPN MEh � NO7E: INCwoES 9ACRES nDOmowLL PllBllG PPWC AREA ev GqPNf OF�R1Bl1C FA3EMEM T08PoNG TOTAL WBIJC PARI(AREA TO ]A.B�!.CRES THAT WILL COFRMI 81GtUDE TO OENOIE MEA AS PU6t1C ACCES9 MEA � NOTE: THIS PUBIJC OPEN SPACE PAflK AitElTO1NCWDE �O,oOU B.F. OF PUBI.IC GATMERINO Ni�A PlCLVUING ' IfMPSCAPE.SififffFURNRUAEANDCOVEPEUPUBLIC arnces. � Uroan ?{annin9 M Dssign . ' TIyB . � . .' ' � ndreep� Archiiecture `�m°,°°�°��° `�P":° : R E G I O N�►L C.E N T E R S�� d, �.-r..: �.,s_.,....�:,, PALN4 ' SE A C H G,4R.D E N S, FLGFlIDA � au� w.dn'.vos . . . u „u�e.o�ow .m we . .. . . . � PfiOF'05ED LAND USES . nc, a� ous _ COMYERClAL ' 1. �a . 98 21.4 �OFRCE/110i�/ 36.5 8.1 COIWilY �SE � �C�� ,57.2 8.1 - . � � � a.sN �2.0 :4 � mrr. �-,r� _. . _ — S1�b TO�I 173.T 38.0 � ltES1DENTIA�. � �C�� 30.8 8.6 613 qU- � � ��Y 98. Y1A �t200�ou ,i_J � �p Tp� 128.6 28.0 1813 w OPEN SPACE/OTHEfi �.COMMUNRY SERVING �,g .3 OPFN SPACE ' �OPEN SPACE/REC./ '95.0. ?A.Z GA�i/WA7ER �� 59R 13 SYSTE7IS � Bl� ROtlTES O 0 00060o Sy ��. O fl . � Sub Total :. t55.9 3�%� T07`AL 4582 w0. 1813 nu 'S.5 Aa Cominunity Use/ VuWic Safety/ /►rts iTo ba provided ott-sita. � �� AASSQ, O8 }I.00A QAd Nd.OG�]fON➢OY 1.AiiD V�8 . . . ilSL � . . ' M� ' ' " ' Ney+perYOelGOmretil ]6AOU6 � '�. �J1W� ' I ' � . � � IAaA�a ' � �b�0.o00e : - umd_e�. �.uasne � uiawoa � I � �om>�a.w.r-ee.b nMOe auaoe . i . isaea " �umm��maroa � Nvmmat4afort � . HeWmIW � IJUM�I�ilI.00i1C � I613Mt,tU,0011�f I �. SOSAL' UT461TY � lJO�fm[ _-i . . . . -- - . . . . � -N („� r-� O 30(f 600 1200 z,25,02 �� +u� i3 iaee aer. u.�icao.�..� . . epprm�m.tesu�a . w�u:�wo; .� � sonm IMIIO11410W' � � . YM1CJ�t41YCi wwiWblrwe' . ' J�6S0./YOY' M1n 0►tao0� ' BF1G2{.10YY x�rrrr�v�rsmm Date Prepared: September 15, 2002 RESOLUTION 171, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUN{TY DISTR{CT (PCD) BY AMENDING CONDITION 43 TO EXTEND THE BUILD-OUT DATE BY FOUR YEARS AND ELEVEN MONTHS; PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted Resolution 96, 1999, as a consolidated and amended Development Order for the Regional Center DRI and PCD; and WHEREAS, the City Council has received an application from The Mall Properties Ltd. to amend Resolution 96, 1999 to extend the build-out date of the Regional Center DRI by four years and eleven months; and WHEREAS, on August 27, 2002, the Planning and Zoning Commission, the duly constituted Local Planning Agency, held a public hearing and recommended approval of the proposed amendment; and WHEREAS, the City Council has reviewed and considered the proposed amendment to the Development Order of the Regional Center DRI, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: � These proposed amendment to the PCD and Development Order of the Regional Center DRI are consistent with the Comprehensive Plan of the State of Florida and Chapter 380, Florida Statutes; and • The proposed amendment to the Development Order of the Regional Center DRI does not constitute a"substantial deviation" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and � The amendment to the PCD and Development Order of the Regional Center DRI are consistent with the Comprehensive Plan and the Land Development Regulations of the Date Prepared: September 15, 2002 City of Palm Beach Gardens. • There has been excusable delay in the proposed development activity and conditions have not changed sufficiently to warrant further consideration of the development. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: AMENDED PCD and DRI DEVELOPMENT ORDER. The City Council hereby approves the time extension to the build-out date of the Development Order of the Regional Center DRI by amending Condition 43 of Resolution 96, 1999 to reflect a build-out date of January 16, 2009. All other provisions of Resolution 96, 1999, as amended by Resolution 25, 2000, Resolution 36, 2001, and Resolution 81, 2001 shall remain in full force and effect to the extent not expressly modified herein. SECTION 3: TRANSMITTAL TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, THE TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., AND THE MALL PROPERTIES LTD. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, the MacArthur Center Property Owner's Association, Inc., and Mall Properties Ltd. SECTION 4: REPEALER All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: SEVERABILITY If any section, paragraph, sentence, clause, phrase, or word of this Resolution is for any reason held by a court or administrative official of competent jurisdiction to be unconstitutional, illegal, inoperative, or void, such holding shall not affect the remainder of this Resolution. SECTION 6: EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS DAY OF , 2002. � ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR ]ABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO G:Talal/DRI-NOPC-02-01-cc-res Date Prepared: September 15, 2002 MAYOR JABLIN AYE NAY ABSENT 3 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 13, 2002 Meeting Date: October 3, 2002 Resolution 133, 2002 Subject/Agenda Item: Resolution 133, 2002, adopting a Fees & Charges Schedule for the City of Palm Beach Gardens. [X] Recommendation to APPROVE [ ] Recommendation to DENY Reviewed by: Originating Dept.: Costs: $ -0- Council Action: (Total) City Attorn y� Finance [] Approved $ -0- ( ]Approved w/ Current FY conditions [ ] Denied Advertised: Funding Source: [] Continued to: Date: [ ] Operating Attachments: Paper: [] Other • Resolution 133, 2002 Submitted by: Stacy Rundle [X] Not Required Grants/Contracts Administrator Department Director Affected parties Budget Acct.#: Approv y: Notified [ ] None City Manag [ ] Not required Date Prepared: September 13, 2002 Meeting Date: October 3, 2002 Resolution 133, 2002 BACKGROUND: Resolution 133, 2002 approves the FY 2002/2003 City of Palm Beach Gardens Fees and Charges Schedule. This schedule is a compilation of the fees and charges of all of the City's departments for their various services to cover the costs of providing these services. Presently, each department maintains its own schedule; however, in order to serve our customers more efficiently, staff recommends maintaining all fees and charges in one document, approved by the City Council on an annual basis. Copies will be available to the public free of charge through the City Clerk's office and it will also be made available on our website. Amendments to this schedule can be made when necessary via a resolution of the City Council. However, those fees that are set by Ordinance can only be amended by Ordinance (these fees will be annotated on the schedule to avoid confusion.) If approved, the schedule as presented will be effective November 1, 2002. Departmental staff reviewed the existing fees and recommended changes where they felt it was necessary to adequately cover the costs of providing services. Following is a summary of the proposed changes by department: Building Department ❑ Addition of Land Clearing Fees, moved from the Planning & Zoning Department's fee schedule; no change was made to the actual fee charged ❑ Addition of a voluntary hurricane panel inspection at a charge of $25 — many insurance companies offer discounts to their customers if the obtain this inspection ❑ Addition of a training surcharge in the amount of one (1) percent of the permit fee, with a minimum charge of one dollar ($1) per permit issued ❑ Establishment of a minimum permit fee of $30 ❑ Increase in reinspection fees from $25 to $30, then doubled and compounded for each subsequent reinspection ❑ Increase in the penalty for commencing work without first securing a permit or written approval from two (2) times the normal permit fee to three (3) times the normal permit fee ❑ Increase in fee for unscheduled inspections by special request from $25 to $30 ❑ Increase in fee to transfer a building permit from one location to another — same permit holder, from $25 to $50 o Increase in fee to transfer a building permit from one contractor to another - same location, from $25 to $50 Finance Department ❑ Creation of a fee schedule for Finance Department items City Clerk's Office ❑ Addition of three new items: ■ Audio tapes - $5 per tape ■ Lien Searches -$10 per property control number ■ Compact Discs - $1 per disc Planning & Zoning Division ❑ Relocated Land Clearing fees to the Building Division schedule o Decrease the fee for Annexations from $750 to $0 ❑ Increase the fee for Administrative Approvals from $150 to $300 ❑ Increase the fee for Concurrency Certificate (formerly Concurrency Review) from $200 to $500 ❑ Increase the fee for time extensions from $500 to $1,000 ❑ Increase the fee for small, colored maps from $4 to $6 and for colored major project maps from $6 to $8 o Increase the fee for Confirmation Letters from $35 to $50 with an additional $25 fee per research hour if research exceeds two (2) hours ❑ Added an Environmental Review fee of $1,000 ❑ Added a Non-binding Conceptual Review by P& Z fee of $850 ❑ Added a Non-binding Conceptual Review by City Council fee of $1,500 ❑ Added a fee for Plat Recordation of $30 for the 1 St page, $15 for each additional page, as charged by Palm Beach County (Note: Previously, the City had been paying to have plats recorded out of the General Fund) ❑ Changed the fee for Plat Review from $250 to $50 per page Engineering ❑ Included all Engineering Fees in one schedule Public Works ❑ Changed the fee for a Right-of-Way Use Permit Application from $750 to the attached schedule Code Enforcement ❑ Created a fee schedule for the Code Enforcement Division which includes a Rehearing fee of $80 and a Fine Reduction/Mitigation Hearing of $80 Police Department ❑ Increased the fee for off-duty details for Police Officer from $28 to $30 per hour and for Supervisor from $33 to $35 per hour Fire Rescue ❑ Current fee schedule was amended to include EMS Transport Fees Recreation ❑ Consolidated user fees for various facilities into one schedule • STAFF RECOMMENDATION: Staff recommends a motion to approve Resolution 133, 2002 adopting a schedule of fees and charges and charges for various services rendered by the City of Palm Beach Gardens for its citizens and other members of the public. • RESOLUTION: Attached. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 133, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA , ADOPTING A SCHEDULE OF FEES AND CHARGES FOR VARIOUS SERVICES RENDERED BY THE CITY OF PALM BEACH GARDENS FOR ITS CITIZENS AND OTHER MEMBERS OF THE PUBLIC; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to adopt a schedule of fees and charges relating to various services rendered by Town Government for the citizens of the City of Palm Beach Gardens and for other members of the public; and WHEREAS, the City Council desires to incorporate all fees and charges assessed into one comprehensive fee schedule; and WHEREAS, the City Council desires to make certain the schedule of fees and charges is available for inspection such that any member of the public may be aware of the cost of each and every service provided by the City of Palm Beach Gardens; and WHEREAS, the City Council has deemed adoption of this Resolution to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCII. OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1; The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the schedule of fees and charges attached hereto as Exhibit "A" and incorporated herein. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall take effect on November 1, 2002. -1- PASSED, ADOPTED AND APPROVED this day of , 2002. ATTEST: PATRICIA SNIDER, CTTY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCII.MEMBER DELGADO RESOLUTION 133, 2002 MAYOR JABLIN AYE NAY ABSENT -2- Date Prepared: September 13, 2002 Meeting Date: October 3, 2002 Resolution 133, 2002 EXHIBIT A �'a p,�mumuuaen� r� n CITY OF PALM BEACH GARDENS MASTER FEE SCHEDULE Building Permit Fee* Minimum Permit Fee Percentage of Valuation: 1 0.75 0.5 Demolition Moving Buildings Driveways & sidewalks Underground fuel tanks Reinspection fee Penalty for commencing work without first securing a permit or written approval Unscheduled inspection by special request Transfer of a building permit, in addition to the original permit fee paid, as follows: - From one location to another — same permit holder - Change of contractor — same location - Major revision fee for changing one- and twafamily building model — same lot - Major revision fee after plans are approved and the permit issued, except one- and two-familv dwellinQs - 25 acres or less Traininq Surcharqe Unit Value: The first $10,000.00 plus The next , 490 000.00 lus The remainder (over , 500 000.00 , Pe as applied above $100 Two percent of construction cost Building permit fee plus fire inspection fee of $30 $2�-$30 for first reinspection, doubled and comqoundE each subseQUent reinspection �Three 3 times the normal permit fee 30 er inspector or inspection 50 50 $100 $250, but in no case, more than the original permit fee One (1) percent of the permit fee, with a minimum charqe of *Any permit applied for but later cancelled or withdrawn shall be refunded at 50 percent of the permit fee amount. FINANCE DEPARTMENT � This fee is set bv Ordinance. If a conflict exists between this document and said Ordinance, the Ordinance shall prevail. City of Palm Beach Gardens Fee Schedule Page 1 DRAFT — 9/13/2002� CITY CLERK'S OFFICE PLANNING 8� ZONING DIVISION Abandonment of ri ht-of-wa $750 Abandonment of easement $300 Administrative a rovals $�56 300 Annexations $�56 0 A eal of an Administrative Determination $750 Com rehensive Plan Land Use Ma Amendment $2,250 Com rehensive Plan "Small Scale° Land Use Ma Amendment $1,500 Com rehensive Plan Text Amendment $2,250 Concurrenc csv+ewCertificate $�89 500 Concurrent Processin $250 Conditional use $2,000 Develo ment of Re ional Im act DRI $5,000* DRI Amendment $2,000* 'Additional costs for Developments of Regional Impact will be billed to the applicant. Environmental Review 1 000 Miscellaneous Petitions $1,500 Non-bindin conce tual review b Plannin & Zonin 850 Non-bindin conce tual review b Ci Council 1 500 Planned Communi District PCD $2,500 Planned Unit Develo ment PUD $2,500 PCD or PUD Amendment $1,750 Plat Recordation 30/1st a e• 15/each additional a e Plat Review $�4 50 er a e Rezonin $2,250 Site Plan Review Ma'or $2,250 Site Plan Review Minor & Site Plan Amendment $1,000 Subdivision $1,500 Text Amendment of Land Develo ment Re ulations $800 Time Extensions $�A9 1 000 Variance: - Sin le-famil residences $400 - All other land uses $1,000 Waiver for Residential Mixed-Use Re uirements $1,000 $� Code of Ordinances binder included $150 Zonin Book binder included $65 Zonin Ma /Future Land Use Ma Nision Ma IMa'or Pro'ect Ma /Street Ma : � - La e Black & White 34 x 44 $5 - Small Black & White 11 x 17 30 cents - Lar e Colored 34 x 44 $15 City of Palm Beach Gardens Fee Schedule Page 2 DRAFT — 9/13/2002�A8� City of Palm Beach Gardens Fee Schedule Page 3 DRAFT — 9/13I20027a2�99� PUBLIC WORKS * � Public Ri hts-of-Wa and Easement Construction 1. Installation of qravitv sanitarv and storm sewer includinq apqurtenant manholes andlor catch basins: • First 100 lineal feet or less 70 • Next 400 lineal feet or fraction thereof 40 • Each additional 500 lineal feet or fraction 30 thereof 2. Installation of all other underaround facilities includinq, but not limited bv the followinq: sanitarv force, water, qas, lipuid or semi-liQUid piqe lines; electric conduits or direct burial, includinq a urtenant manholes and/or'unction boxes: • First 200 lineal feet or less 48 • Next 300 lineal feet or fraction thereof 24 • Each additional 500 lineal feet or fraction 18 thereof 3. Construction or installation of individual catch 60 basins, manholes or iunction boxes not erected in connection with an installation qovemed bv #1 or #2 above each : 4. All undemround crossinqs of paved roads of widths Cost aer cut: u to 25 feet of avement o en cut : • For i e sizes 18" or less in diameter 120 • For pipe sizes over 18" and up to and 180 includin 48" in diameter • For i e sizes in excess of 48" in diameter 240 5. All underqround crossinQS of paved roads over 25 Cost qer cut: feet in avin widths o en cuts : • For i e sizes of 18" or less in diameter 240 • For qiqe sizes over 18" and up to and 360 includin 48" in diameter • For i e sizes in excess of 48" in diameter: 80 6. All undemround iack and bore crossinq of paved Cost per foot: public roadways based on width of qavinq, includinq median: • For i e sizes of 18" or less in diameter �3 • For pipe sizes over 18" and up to and �5 includin 48" in diameter • For i e sizes in excess of 48" in diameter � 7. Installation of a ole line for overhead facilities: • First 200 lineal feet or less 100 City of Palm Beach Gardens Fee Schedule Page 4 DRAFT — 9/13/2002�1�99� • Next 300 lineal feet or fraction thereof 60 • Each additional 500 lineal feet or fraction 40 thereof 8. Turnouts: • Commercial or industrial tumout connection 00 • Residential tumout 125 • Where culverts are used in coniunction with �3 streeUroadwa connections er lineal foot 9. Street Connections: • Paved street connection for tvinq into 400 existinQ and/or new Citv roadwavs or streets each • Where culverts are used in coniunction with �3 tumout er lineal foot 10. Construction of elevated or submercmed facilities 60 crossin Ci owned canals or waterwa s: 11. Landscaqinq within or upon Citv maintained riqhts- $350 plus 3% of Cost of-wa 12. All construction within or upon Citv maintained 3% of Cost nqhts-of-wav (and easements) includinq, but not limited to, tum lanes, new, and expansion of existinq roads, and landsca in and irri ation s stems within medians * .,, r rc r n: s � i r. m � r, � � n r. T�� r. T s s. r. . r. r. s a POLICE DEPARTMENT Personnel*: Police Officer $� 30/hour Su ervisor $� 35/hour *5 — 9 Officers — Re uires one 1 Su eroisor 10 —14 Officers — Re uires two 2 Su ervisors 15 — 20 Office�s — Re uires three 3 Su eroisors E ui ment.� Vehicle $4/hour FIRE RESCUE DEPARTMENT & Plans Review Fee I$2.25 per $1,000 improvement cost ($15 minimu City of Palm Beach Gardens Fee Schedule Page 5 DRAFT - 9/13/2002�A8� Reins ections: • First No additionai charge • Second $50 • Third and subse uent $100 New and Existin Occu ancies Buildin s and Structures (To be paid annually with the issuance of a City Occupational License Assembl Occu anc of: 50 — 299 $50 300 — 999 $75 1,000 — 4,999 $150 5,000 ersons or reater $250 Educational Da Care Nurse /Preschool $35 All others $75 Healthcare/Institutional 5,000 s. ft. and under $50 5,001-15,000 s . ft. $100 15,001— 30,000 s . ft. $150 30,001-100,000 s . ft. $200 100,001— 200,000 . ft. $250 200,001— 500,000 . ft. $300 500,001 s. ft. and reater $350 Transienf Lodging, Aparfinents, Residential 8oard & Care, and Adult Livin Facilities 24 units and under $50 25 —100 units $75 101— 500 units $150 501 units and reater $250 Mercantile, Office, Sfora e, lndustrial and Manufacturin 5,000 . ft. and under $35 5,001-15,000 s . ft. $50 15,001— 30,000 s . ft. $75 30,001-100,000 s . ft. $150 100,001— 200,000 . ft. $200 200,001— 500,000 s . ft. $250 500,001 s. ft. and reater $300 Marinas 50 boat sli and under $50 51-100 boat s1i s $150 101— 250 boat sli s $200 251 boats sli s and reater $300 Citv of Palm Beach Gardens Fee Schedute Page 6 DRAFT — 9/13/2002�A9� Tem ora Structur+es All $30 Other All other occupancies not listed subject to Fire Safety $50 Ins ection S ecial Details Personnel Firefi hterlEMT $25/hour Fire Medic, Driver, Ins ector $30/hour OfficedSu ervisor* $40/hour ;Re uired when six 6 or more ersonnel are re uired E ui ment Fire En ine $45/hour Ladder Truck $47/hour Bn�sh Truck $28/hour Utili Truck $24/hour Rescue Truck $21/hour S ecial EMS Vehicle $10/hour EMS Trans ort Fees Basic Life Su rt Eme enc Trans ort $297.50 Advanced Life Su ort Emer enc Trans ort $340.00 S ecial Care Eme enc Trans ort $425.00 Ox en $27.50 Milea e $7.001 trans ort mile RECREATION DEPARTMENT City of Pa�m Beach Gardens Fee Schedule Page 7 DRAFT — 9/13/2002�2J29A� Athletic Facil' User Fees — Weekl Rental' SoftbaiUBaseball $500 Multi- u se field $500 BRCC G mnasium $500 Roller Hocke rinks $500 *Add $10/hour for li hts and $10/hour staffin cha es. Parks Mainfenance Overtime Fees Billabie overtime $20/hour Re air or Maintenance Fees $100% of actual cost Toumament or S ecial Evenf Rental Fees Facili Rental Li ht Fee Staffin Fee Athletic field — baseball, $200/12 hour day; $20leach $10/houdfield $20/houdfield football, soccer additional hourlda Hockey rink $200/12 hour day; $20lhour $10/hour/rink $20/hour each additional houdda Gymnasium — basketball, $300/12 hour day; $20/hour N/A $20/hour volle ball each additional houdda Park Pavilion Renfal Fees PGA National Pa�C & Oaks Park* • Non-resident and/or 50 or more Full day - $100 Two aavilions/f any of the A uatic Facil' General Admission Fees A es 2 and under Resident: Free Non-Resident: Free A es 3 —14 Resident: $1.50 Non-Resident: $2.00 A es 15 and over Resident: $2.00 Non-Resident: $2.50 A uafic Facil' Rental Rates* First 1s1 hour $60 Each addi6onal hour $20 Each life ua�d $12.50/hour Tennis Facil' Fees Membershi Fees: • Resident—Sin le $155 • Resident — Famil $265 City of Palm Beach Gardens Fee Schedule Page 8 DRAFT — 9/13/2002�A8� • Junior 18 rs. old & under $30 • Non-resident — Sin le $440 • Non-resident — Famil $625 • Non-resident — Junior $60 Dail Fees: • Resident $5 • Non-resident $10 Room Rental Fees depending on size of room; contact Bums Road Center for more information and schedulina City of Palm Beach Gardens Fee Schedule Page 9 DRAFT - 9/13/2002�l2�lF89� CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 23, 2002 Meeting Date: October 3, 2002 Resolution: 176, 2002 SubjectlAgenda Item: Resolution 176, 2002 — Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Consultant Service Authorization No. 2/District Park Development Program (City Project No. 2002- 005) [ X ] Recommendation to APPROVE Recommendation to DENY Reviewed by: Originating Dept.: Costs: $26.385.00 Council Action: Angela Wong, Project (Total) Manager City Atto ey Community Services [] Approved Department $26,385.00 [ ]Approved w/ Current FY conditions Contracts/Gr ts Administrator [ ] Denied Finance Director Advertised: N/A Funding Source: [] Continued to: Date: [ X ] Operating Attachments: , Paper: [] Other • Resolution 176, 2002 • Glatting Jackson CSA No. #2 Submitted by: [ X ] Not Required Jack Dou hney, Commun Servi s Admi ' Depa irec Affected parties Budget Acct.#: [] None App by: [ X No ' ed 003-2000-572.3150 Ci Ma ger I] Not required Date Prepared: September 23, 2002 Meeting Date: October 3, 2002 Resolution: 176, 2002 • BACKGROUND: On April 6, 2000, City Council approved an Interlocal Agreement with Palm Beach County far the construction and funding of the Gardens District Park to be located north of 117th Court just east of Central Boulevard. As mentioned in the agreement, the City agreed to purchase 33 acres of land for the future park site from The John D. and Catherine T. MacArthur Foundation. In addition, the County agreed to purchase an adjacent parcel totaling 82 acres of land, which was also owned by The John D. and Catherine T. MacArthur Foundation. After the purchase of both parcels, the County leased their 82-acre parcel to the City for a period of 50 years for the development of a district park that would serve residents of Palm Beach County. The City agreed to design, construct, operate and maintain the district park according to the interlocal agreement, the Lease agreement and a Conceptual Master Plan (see Exhibit F). The estimated development costs in March 2000 totaled $19,998,500 with estimated average operating costs at $1.856 million dollars for the first five years. A bond referendum would be necessary to fund such a project of this magnitude. At the Recreation Advisory Board's August 12, 2002 meeting, the Board expressed their concern that the conceptual plan may not meet the current needs of the City, and financially supporting a district park may not be in the City's best interest. In order to address these concerns, Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., (Glatting Jackson), the City` s contracted consultant, has been requested to create a Development Program based on a recent survey conducted by the City's Recreation Division and Interlocal agreement. After a Development Program is approved, Glatting Jackson will compile up-to-date construction and operating costs to provide more accurate data for a possible bond referendum in March 2003. In addition, Glatting Jackson will submit potential development assistance references, revenue generators and expected income. Glatting Jackson has also been requested by City Administration to include the analysis of incorporating the North Municipal Support Center to be located on the City's 33-acre parcel. The Support Center will include a Police and Fire Department training facility, the Public Works compound, and any additional building space needed to house future growth of City departments. • STAFF RECOMMENDATION: Approve Resolution 176, 2002 authorizing Consultant Service Authorization No. 2 with Glatting Jackson for the District Park Development Program for an amount not to exceed $26,385.00. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 176, 2002 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING CONSULTANT SERVICES AUTHORIZATION NO. 2 WITH GLATTING JACKSON KERCHER ANGLIN LOPEZ AND RINEHART, INC. FOR PROFESSIONAL SERVICES RELATED TO THE DISTRICT PARK DEVELOPMENT PROGRAM; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City desires to evaluate and create a more accurate construction and operating program for the development of the Gardens District Park; and WHEREAS, the City has retained Glatting Jackson Kercher Anglin Lopez and Rinehart, Inc. (Glatting Jackson) as a consultant for Continuing Parks Planning and Design Services and has a continuing contract with Glatting Jackson to provide professional services; and WHEREAS, a design team that is well-qualified and experienced in parks planning has been assembled by Glatting Jackson, and Glatting Jackson has agreed to provide such specialized professional services in accordance with the terms of Consultant Services Authorization (CSA) No. 2 and its continuing contract with the City; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to approve a CSA No. 2 with Glatting Jackson for professional services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed has being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes and approves CSA No. 2 with Glatting Jackson, attached hereto as Exhibit "A" and incorporated herein by reference, to provide professional services for City Project No. 2002-005/District Park Development. The City Council hereby approves expending no more that $26,385 for professional services relating to the preliminary portion of the project. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this day of , 2002. ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO MAYOR JABLIN AYE NAY ABSENT -2- Date Prepared: September 23, 2002 Meeting Date: October 3, 2002 Resolution: 176, 2002 N�r:�:rr�r��r:� CONSULTANT SERVICES AUTHORIZATION NO. 2 WITH GLATTING JACKSON KERCHER ANGLIN LOPEZ AND RINEHART, INC. FOR PROFESSIONAL SERVICES RELATED TO GARDENS DISTRICT PARK DEVELOPMENT PROGRAM GLATTING ' JACKSON � KERCHER ANGLIN W illiam J. Anglin, Jr. David L. Bazth Jay H. Exum Jack F. Gla[ting Jay R. Hood Timothy T. Jackson William C. Kercher,Jr. Walter M. Kulash Sharon K. Lamantia S. Raymond Lopez John E Rinehart Gregory. A. Bryla David R. Claus Chades P. Cobble Michael R. Cochran Jeffrey S. Collins Richazd E. Durr, Jr. � Bruce C. Hall Carey S. Hayo Frank A. Jaskiewicz Gail D. Lacey William D. Lites Edward J. McKinney Thomas J. McMacken, Jr. John J. Moore III John H.Percy Mark N. Platts Troy P. Russ Kelley J. Samuels Peter C.Sechler Nathan P. Silva Laura K.Turner Ronald L. Urbaniak G. Wade Walker Cammunity Planning 222 Clematis Street s��ce 200 West Palm Beach Florida, 33401 P: 561 659 6552 F: 561 833 1790 www.glatting.com License # EB 0005812 LC C000049 Odttxdo • West Palm Beach LOPEZ RINEHART CONSULTANT SERVICES AUTHORIZATION City of Palm Beach Gardens Park Planning and Design Continuing Services DATE: September 11, 2002 Revised September 16, 2002 Revised September 20, 2002 SERVICE AUTHORIZATION: 2 CITY PROJECT NO.: 2002-022 GJ PROJECT NO: 17055 PROJECT TITLE: DISTRICT PARK DEVELOPMENT PROGRAM INTRODUCTION The City of Palm Beach Gardens (the "Cit}�') entered into an agreement entitled Agreement for Professional Services (the "Agreement") with Glatting Jackson Kercher Anglin Lopez Rinehart, Inc., ("Consultant") on the 4`� day of September, 2002. This Consultant Services Authorization ("CSA"), when executed, shall be incorporated in and become an integral part of the Agreement. All services provided shall be performed under the terms and conditions described in the Agreement. 1.0 1.1 1.2 2.� PROJECT DESCRIPTION The proj ect is to analyze and verify the development program for the development of the District Park site, as well as associated costs and projected revenue. Additional Professionals working on the project as subconsultants to Glatting Jackson include: Archi.tecture: Civil Engineering: SCOPE OF SERVICE� Thaddeus Cohen A.rchitects, .P.A. Vt/illiams Hatfield & Stoner, Inc PART I— Site Program and Feasibility Study 2.1 Project Management — In addition to the specific services detailed below, Glatting Jackson shall coordinate our work with the C1ienYs representative and the Client's project team, monitor the project schedule as it relates to this scope, and provide timely invoicing and reporting of project progress. Glatting Jackson Kercher Angiin I.opez Rinehart, Inc. Page 1 of 4 2.2 Coordination of the. Work of Subconsultants to Glatting Jackson — The Client hereby aclrnowledges and agrees that Glatting Jackson will assume responsibility for the coordination of work produced by any subconsultants to Glatting Jackson as Project Manager for the project. However, the Client agrees that Glatting Jackson does not bear any liability for the technical accuracy of work prepared by others. All professional firms working on the proj ect shall bear separate responsibility and liability for the work prepared by them. 2.3 Existing Data— The Client will provide Glatting Jackson with the following data for the site: • Aerial photograph • Boundary, topography, site and tree surveys • Architectural and civil plans completed under previous studies of the District Pazk site • Site plan of the existing Tennis Center • FRDAP grant application prepared for the expansion of the Tennis Center • Space requirements / development program for the Municipal Annex Glatting Jackson will consider all information supplied by the Client as accurate and correct. Additional work required due to inaccurate, incorrect, or incomplete information supplied by the Client shall be completed as an Additional Service. 2.4 Kick off Meeting- Glatting Jackson and the Client will attend one (1) meeting to review the existing data, discuss project objectives, review the proposed developn.ient program requirements for the Municipal Annex aud generally kick off the project. 2.5 Development Program Memorandum— Glatting Jackson shall review the existing interlocal agreement with Palm Beach County regarding the development of the District Park site, the results of the completed needs survey and previous development plans for the site and prepate a memorandum summarizing a development program for the site. In addition, Glatting Jackson shall propose a definition for the Park's service area based on population figures for the City of Palm Beach Gardens. Glatting Jackson shall submit this memorandum to the Client one (1) time for review. Glatting Jackson shall revise the memorandum one(1) time. 2.6 Draft Feasibility Study for the Development of the District Park — Based on the approved development program memorandum, Glatting Jackson shall analyze the development program for the following: • Order of magnitude development costs • Order of magnitude maintenance costs • Potential for development assistance (grants, partnerships, etc) • Potential for revenue generators and expected income stream • Potential for project phasing Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 2 of 4 Glatting Jackson shall submit the Draft Feasibility Study to the Client one (1) time for review. Glatting Jackson shall revise the Draft one (1) time. 2.7 Presentations - Glatting Jackson shall present the Development Program and Feasibility Study, and an accompanying PowerPoint slide presentation, at one (1) Recreation Advisory Board meeting and one (1) City Council meeting. If necessary, Glatting Jackson shall revise the Development Program and Feasibility Study one (1) time based on the Client's written review comments. Deliverables — As a result of these tasks, Glatting Jackson shall produce the following: • One (1) digital copy and one (1) hard copy of the Draft Development Program Memorandum 3.0 4.0 • One (1) digital copy and one (1) hard copy of the Draft Feasibiliry Study Memorandum • Up to two (2) revisions of the Development Program Memo and Feasibility Study Memo • Memoranda summarizing comments received at the Public Workshop • One (1) digital copy and one (1) color copy of a PowerPoint Presentation PROJECTSCHEDULE Glatting Jackson is prepared to begin work on the project immediately upon receipt of this executed Letter of Agreement and a retainer if required under Compensation. Glatting Jackson, in consultation with the Client, shall perform its work in such a manner as to comply with an agreed upon schedule. ASSIGNED PERSONNEL The following personnel from Glatting Jackson will be assigned to this project, and will have the responsibilities described: David Barth - Principal-In-Charge/Principal 3 Richard Durr - Project Manager/Landscape Architect 4 Mike Sobczak - Landscape Architect 4 Chad Atkins - Landscape Designer 1 Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Page 3 of 4 5.0 5.1 COMPENSATION Part I— Glatting Jackson shall hill the Client a fixed fee for each Part of the Scope of Services as listed below. Direct expenses are in addition to the fees outlined below and shall be billed at cost� without markup. The Client agrees that Glatting Jackson shall not be required to provide detailed backup, in the form of hourly detail of any kind, in support of invoicing for fixed fee or lump sum fee projects. If backup is required the Client agrees to pay Glatting Jackson, on an hourly basis, for the cost of providing such additional information. Part 1— Site Program and Feasibility Study Retainer — No retainer will be required. Approved by: City of Palm Beach Gardens Date: Ronald M. Ferris, City Manager $26,385 — plus direct costs Consultant: Glatting Jackson Kercher Anglin Lopez Rinehart, Inc. Date: ✓ By: David L. Barth Title: Vice President �a� �� -,. w�m�s w�m�s Glatting Jackson Kercher Anglin Lopez Rinehart, Ine. Page 4 of 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 23, 2002 Meeting Date: October 3, 2002 Resolution: 180, 2002 Subject/Agenda Item: Consideration of Resolution 180, 2002, approving an Agreement befinreen the City and Mall Properties, Ltd., a Florida limited partnership, PGA Gateway, Ltd., a Florida limited partnership, RCA Center II of Florida, LLC, a Florida limited liability company, and PGA North II of Florida, LLC, a Florida limited liability company, for the Assured Construction of Linkage Roads. [X ] Recommendation to APPROVE j ] Recommendation to DENY Reviewed by: Originating Dept: Costs: None Council Action: City Attorney � City Attornel�� [] Approved City Engineer Funding Source: [] Approved with conditions Growth Management [ ] Operating ( ] Denied [ ] Other [ ] Continued to: Advertised: Submitted by: Date: Attachments: City Attorne� J� Paper: Budget Acct. # [ X] Not Required Resolution 180, 2002 Agreement for Assured Construction of Linkage Roads Approved by: ffected pa i : [ ] Notified City Manag r [ X] Not Required Date Prepared: September 23, 2002 Meeting Date: October 3, 2002 Resolution: 178, 2002 BACKGROUND: Mall Properties, Ltd., a Florida limited partnership, PGA Gateway, Ltd., a Florida limited partnership, RCA Center II of Florida, LLC, a Florida limited liability company, and PGA North II of Florida, LLC, a Florida limited liability company ("Owners") are the Owners ofthe real property in and around the City Center ("Properties"). In lieu of paying City road impact fees for the development of the Properties, Owners wish to construct certain roads depicted on the City Center Linkages Plan ("Linkage Roadways") and receive credit against the amount of road impact fees that would otherwise be due the City. On February 15, 2001, the City Council approved the pooling of road impact fees for the Properties. In order to facilitate the assured construction of the Linkage Roadways in a timely manner, the City and Owners have negotiated a comprehensive agreement that provides as follows: • Owners shall apply for City road impact fee credits in accordance with all City Code requirements. The City Engineer shall certify the creditable costs of each Linkage Roadway and the City shall establish a Credit Bank based on the certified costs. In lieu of paying road impact fees for the Properties, the amount due will be deducted from the Credit Bank. The City Engineer has estabfished a schedule for the construction of alf Linkage Roadways. Owners are required to commence construction of the Linkage Roadways in accordance with the schedule established by the Engineer and post surety equal to 110 % of the certified cost of each Linkage Roadway. If the Owners fail to commence construction by the established date or fail to proceed in a timely manner, the City may draw down on the surety posted by Owners and construct the Linkage Roadway. The City has agreed to transfer the Lake Victoria Gardens right-of-way to the Owner of Parcel 27.12. The City acquired said right-of-way from the Northern Palm Beach County Improvement District free of charge. In exchange, Owners shall convey by plat a 110 foot right-of-way across Parcel 5A for the extension of Kyoto Gardens Drive from Alternate A1A to Military Trail. This is in excess of the 80 foot right-of-way that would otherwise be required by the City's Land Development Regulations and Comprehensive Plan. Additionally, in the absence of this Agreement, Owners would not be required to dedicate the right-of-way until Parcel 5A is actually developed. The execution of this Agreement assures that all roadways depicted on the City Center Linkages Plan will be constructed in a timely manner, as required by the PGA CRALLS. STAFF RECOMMENDATION: Approval of Resolution 180, 2002 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 180, 2QQ2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY AND MQLL PROPERTIES, LTD., PGA GATEWAY, LTD., RCA CENTER II OF FLORIDA, LLC AND PGA NORTH II OF FLORIDA, LLC FOR THE ASSURED CONSTRUCTION OF LINKAGE ROADS AND AUTHORIZING THE MAYOR AND CITY COUNCIL TO EXECUTE SAME; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mall Properties, Ltd., a Florida limited partnership, PGA Gateway, Ltd., a Florida limited partnership, RCA Center II of Florida, LLC, a Florida limited liability company, and PGA North II of Florida, LLC, a Florida limited liability company ("Owners") are the Owners of certain parcels of property within the City ("Properties"); and WHEREAS, in lieu of paying all or portion of the City's road impact fee, Owners seek to construct roadways depicted on the City Center Linkages Plan running through or immediately adjacent to the Properties ("Linkage Roadways") and to receive credit against the amount of road impact fees that would otherwise be due to the City; and WHEREAS, through the enactment of Resolution 25, 2001, the City Council approved the pooling of road impact fees for the Properties; and WHEREAS, the City and Owners wish to provide for a method by which the pooled impact fees will be credited and for the assured construction of all the Linkage Roadways within a time frame established by the City; and WHEREAS, the City Council finds the adoption of this Resolution to be in the best interests of the residents and citizens of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council of the City of Palm Beach Gardens hereby approves the Agreement for Assured Construction of Linkage Roads befinreen the City and Owners attached hereto as Exhibit "A" and incorporated herein by reference and authorizes the Mayor and City Clerk to execute said Agreement on behalf of the City and take all action necessary to effectuate the terms of the Agreement. -1- SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2002. MAYOR JABLIN ATTEST: PATRICIA SNIDER, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD G. RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILIVIEMBER DELGADO -2- Date prepared: September 23, 2002 Meeting Date: October 3, 2002 Resolution: 180, 2002 EXHIBIT A AGREEMENT FOR ASSURED CONSTRUCTION OF LINKAGE ROADS THIS AGREEMENT ("Agreement") is made and entered into as of the day of , 2002, by and between the City of Palm Beach Gardens, a Florida municipal corporation ("City") and Mall Properties, Ltd., a Florida limited partnership, PGA Gateway, Ltd., a Florida limited partnership, RCA Center II of Florida, LLC, a Florida limited liability company, and PGA North II of Florida, LLC, a Florida limited liability company, (collectively "Owners"). RECITALS WHEREAS, in lieu of paying all or portion of the City's road impact fee, section 78- 99(d)(1) of the City Code of Ordinances allows a property owner seeking to develop its property to construct certain road improvements identified in the City Center Linkages Plan, which is attached hereto as Exhibit "1" and incorporated herein; and WHEREAS, Owners own certain properties located in the City, as described on Exhibit "2" attached hereto and incorporated herein ("Property" or "Properties"); and WHEREAS, in lieu of paying City road impact fees for development of the Properties, Owners seek to construct the roadways depicted on the City Center Linkages Plan running through or immediately adjacent to the Properties, as listed on Exhibit "3" attached hereto and incorporated herein ("Linkage Roadways"), and.to receive credit against the amount of road impact fees that would otherwise be due to the City; and WHEREAS, in circumstances where the cost of the improvements exceeds the total amount of road impact fees due, section 78-99(d)(5) of the City Code of Ordinances authorizes the City Council to allow property owners constructing such road improvements to pool impact fees for multiple developments; and WHEREAS, through the enactment of Resolution No. 25, 2001, a copy of which is attached hereto as Exhibit "4" and incorporated herein, the City Council approved the pooling of impact fees for the Properties; and WHEREAS, the City and Owners wish to provide for a method by which the pooled impact fees will be credited and for the assured construction of all the Linkage Roadways to be constructed by Owners; and WHEREAS, in order to effectuate the timely construction of the Linkage Roadways without regard to the actual date of development of each Property, the Owner of Parcel 5A has agreed to dedicate to the City the right-of-way for the construction of the Kyoto Gardens Drive extension, and, in exchange, the City has agreed to convey to the Owner se of Parcel 27.12 the right-of-way for the construction of the Lake Victoria Gardens Drive extension to effectuate the dedication of a perpetual public easement. NOW, THEREFORE, for and in consideration of the premises and the mutual terms and conditions set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and Owners hereby covenant and agree as follows: A. Recitals. The above recitals are true and correct and incorporated herein by this reference. B. Im�act Fee Credits. 1. Owners shall apply for City road impact fee credits for construction of each of the Linkage Roadways in accordance with section 78-99(c)(3) of the City Code of Ordinances. These credits shall apply collectively to the Properties specifically identified in Resolution 25, 2001 and more particularly described in Exhibit "2." 2. The City shall establish a road impact fee credit bank ("Credit Bank") based on the total amount of creditable costs for the construction of each of the Linkage Roadways, as certified by the City Engineer in accordance with sections 78-99(c) and 78- 99(d) of the City Code of Ordinances. Once the City Engineer certifies the cost of a Linkage Roadway, the certified cost shall be added to the Credit Bank. At the time building permits are issued for the Properties, the road impact fees due for each permit shall be deducted from the Credit Bank. 3. The City acknowledges that road impact fees for development of the Properties have been or will be paid to the City prior to the establishment of the Credit Bank. The City and Owners agree that any City road impact fees paid with respect to the Properties prior to the establishment of the Credit Bank shall be deemed to have been paid to the City in escrow and shall be available for reimbursement to Owners to pay toward the certified cost of the Linkage Roadways. Any sums to be reimbursed to the Owners shall be reimbursed at the time of building permit for the Linkage Roadway improvements. 4. Owners acknowledge and agree that the total impact fee credits available shall not exceed the amount established by the Credit Bank. If the total amount of City road impact fee credits available, as established by the Credit Bank, is less than the total amount of impact fees due from the Properties in the aggregate, Owners shall be responsible for the balance of any City road impact fees in accordance with all City Code requirements. Once all impact fees have been paid for the Properties, the balance in the Credit Bank shall be reduced to zero and the City shall have no additional obligation to Owners. -2- 5. Owners shall not assign any portion of the Credit Bank to persons or entities not a party to this Agreement without prior written approval of the City Manager or his/her designee. 6. Owners shall provide surety to the City to ensure the completion of all Linkage Roadways in accordance with the schedule established by the City Engineer as fully set forth in Section C below. C. Construction Schedule. 1. In accordance with section 78-99(d)(3) of the City Code of Ordinances, and as a condition precedent to the utilization of road impact fee credits by Owners, the City Engineer has established a timetable for the commencement of construction for the Linkage Roadways. These fixed dates are established in Exhibit "1." Owners shall commence construction of the Linkage Roadways by the first day of the month and year identified on the Linkages Plan. a. For the purposes of this Agreement, the term "commence construction" shall mean the actual installation of infrastructure. b. The City Engineer may extend the commencement of construction date for any Linkage Roadway for a period not to exceed six (6) months, provided that Owners demonstrate that they have proceeded in good faith to obtain all necessary permits and approvals and have encountered non self-imposed delay. Owners must request any such extension in writing at least one (1) months prior to the commencement of construction date established by the City Engineer or Owners' ability to make such a request shall be waived. 2. As an additional condition precedent to the utilization of road impact fee credits, Owners shall, within thirty (30) days of the certification of the total cost of each Linkage Roadway by the City Engineer, provide surety to ensure that construction of the Linkage Roadway commences in accordance with the timetable established in Exhibit "1" and in an amount equal to one hundred and ten percent (110%) of the certified cost estimate established by the City Engineer for each Linkage Roadway. a. The City shall be entitled to draw down on the surety if Owners: fail to commence construction of any Linkage Roadway within the established time frame, subject to any time extensions granted by the City Engineer in accordance with section C.1.b; fail to complete construction within finrelve (12) months of commencement; or are in material breach and default of this Agreement and fail to cure same within fifteen (15) days. -3- b. The form of surety provided by Owners to the City pursuant to this Agreement shall be subject to approval by the City and in the same format as surety generally required for infrastructure improvements in accordance with section 78-461 of the City Code of Ordinances. D. Conveyance of Propertv. 1. �thin thirty (30) days of the execution of this Agreement, the City shall transfer to the Owner of Parcel 27.12, by quit-claim deed, the right-of-way for Lake Victoria Gardens Avenue, as conveyed to the City by Northern Palm Beach County Improvement District ("Northern"). a. The City makes no warranties whatsoever with respect to the Property or the existence of any encumbrances. b. The City and Owners acknowledge that the right-of-way to be conveyed by the City is subject to an easement granted to Seacoast Utility Authority immediately prior to the conveyance by Northern to the City. 2. Within sixty (60) days of the execution of this Agreement, Owners shall dedicate to the City by plat a one hundred and ten foot (110') wide right-of-way traversing Parcel 5A, to be utilized for the extension of Kyoto Gardens Drive from Alternate A-1-A to Military Trail. a. The City shall work with Owners to determine the precise location for the roadway and shall make every effort to accommodate such alignment during the development approval process for Parcel 5A. However, the City and Owners acknowledge that the final decision with respect to the ultimate alignment of the right-of-way is within the discretion of the City Council. Should it be necessary to alter the alignment of the roadway, Owners shall be responsible for the cost of any replat. b. To the extent necessary, Owners shall accommodate the drainage for such roadway within Parcel 5A and grant to the City whatever easements are necessary to effectuate such drainage. c. Upon dedication of the roadway to the City, Owners shall have use of such roadway for the development of Parcel 5A in accordance with all applicable City requirements and regulations for the construction of all improvements thereon and the installation of utilities. -4- E. Assignment. 1. This Agreement may be assigned by Owners to successors in title to the Properties. 2. Owners shall notify the City in writing of any change in ownership of the Properties within thirty (30) days of conveyance. Any assignment of Owners' rights and obligations pursuant to the terms of this Agreement shall not be effective until Owners provide the City with written notification of such assignment. F. Miscellaneous provisions. 1. The provisions of this Agreement may not be amended, supplemented, waived, or changed orally. Any such amendment, supplement, waiver, or change shall be in writing signed by each party to this Agreement. This Agreement constitutes the entire understanding and agreement befinreen the parties with respect to the subject matter hereof. 2. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 3. All notices or other communications required, contemplated or permitted under this Agreement shall be in writing and shall be hand delivered or mailed via overnight delivery to the following addresses: As to the Citv: CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 Attention: Ron Ferris, City Manager copy to: Watterson & Hyland, P.A. 4100 RCA Boulevard, Suite 100 Palm Beach Gardens, FL 33410 Attention: Len Rubin, City Attorney �� As to the Owners: MALL PROPERTIES, LTD., 4300 Catalfumo Way Palm Beach Gardens, FL 33410 Attention: Daniel S. Catalfumo PGA Gateway, Ltd. a Florida limited partnership Attention: Daniel S. Catalfumo 4300 Catalfumo Way Palm Beach Gardens, FL 33410 LBFH, Inc. 2090 Palm Beach Lakes Boulevard Suite 600 West Palm Beach, FL 33410 Attention: Dan Clark, City Engineer RCA Center II of Florida, LLC, a Florida limited liability company Attention: Daniel S. Catalfumo 4300 Catalfumo Way Palm Beach Gardens, FL 33410 PGA North II of Florida, LLC a Florida limited liability company Attention: Daniel S. Catalfumo 4300 Catalfumo Way Palm Beach Gardens, FL 33410 Any party may change an address by sending written notice of such to the other parties, in which case that new address shall be utilized. 4. This Agreement shall be construed and governed by the laws of the State of Florida. Any and all legal action necessary to enforce this Agreement shall be in Palm Beach County, Florida. No remedy conferred upon any party is intended to be exclusive; any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law or equity or by statute or otherwise. No single or partial exercise by any party of any right power, or remedy hereunder shall preclude any other or further exercise thereof. 5. If any part of this Agreement is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 6. The effective date of this Agreement shall be as of the date it has been executed by all parties hereto. 7. A party's failure to enforce any provision of this Agreement shall not be construed as a waiver of the right to later enforce that or any other provision of this Agreement. 8. Only the parties to this Agreement shall have standing to enforce it. 9. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one (1) and the same instrument. �� 10. The parties acknowledge that each has shared equally in the drafting and preparation of this Agreement and, accordingly, no Court orAdministrative Hearing Officer construing this Agreement shall construe it more strictly against one party than the other and every covenant, term and provision of this Agreement shall be construed simply according to its fair meaning. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 11. Failure to comply with any provision of this Agreement shall be considered a material breach and a default which shall entitle the parties to all rights and remedies at law or equity. Prior to initiating any action for an alleged breach, an initiating party shall notify all other parties of the alleged breach at least fifteen (15) days prior to initiating such action. 12. It is hereby understood and agreed that in the event any lawsuit in the judicial system, federal or state, is brought to enforce compliance with this Agreement or interpret same, or if any administrative proceeding is brought for the same purposes, the non- prevailing party pay to the prevailing party reasonable attorney's fees and costs, including appellate fees and costs. IN WITNESS WHEREOF, the undersigned have hereunto set their hand and seals the day and year first above written. CITY OF PALM BEACH GARDENS, a Florida municipal corporation : Attest: Patricia Snider, City Clerk Approved as to Form and Legal Sufficiency: Leonard G. Rubin, City Attorney b� Eric Jablin, Mayor Witnesses: Owners: MALL PROPERTIES, LTD., a Florida limited partnership Print Name: By: Catalfumo Management and Investments, Inc. Its: General Partner Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH � Daniel S. Catalfumo President BEFORE ME, a person authorized to take acknowledgments, personally appeared Daniel S. Catalfumo, as president of Catalfumo Management and Investment, Inc., as general partner of Mall Properties, Ltd., who executed the foregoing instrument this day of , 2002. He is personally known to me or produced as identification. Notary PGA GATEWAY, LTD., a Florida limited partnership Print Name: By: Diver Management, Inc. Its: General Partner Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH : Name: Title: BEFORE ME, a person authorized to take acknowledgments, personally appeared , as of Diver Management, Inc., as general partner of PGA Gateway, Ltd., who executed the foregoing instrument this day of , 2002. He is personally known to me or produced as identification. Notary � Print Name: Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH RCA CENTER II OF FLORIDA, LLC, a Florida limited liability company By: PGA Gateway, Ltd., sole member By: Diver Management, Inc., Its: General Partner � Name: Title: BEFORE ME, a person authorized to take acknowledgments, personally appeared , as of Diver Management, Inc., as general partner of PGA Gateway, Ltd., as sole member of RCA Center I I of Florida, LLC, who executed the foregoing instrument this day of , 2002. He is personally known to me or produced as identification. Notary PGA NORTH II OF FLORIDA, LLC, a Florida limited liability company By: PGA Gateway, Ltd., sole member Print Name: By: Diver Management, Inc., Its: General Partner Print Name: STATE OF FLORIDA COUNTY OF PALM BEACH : Name: Title: BEFORE ME, a person authorized to take acknowledgments, personally appeared , as of Diver Management, Inc., as general partner of PGA Gateway, Ltd., as sole member of PGA North II of Florida, LLC, who executed the foregoing instrument this day of , 2002. He is personally known to me or produced as identification. Notary � EXHIBIT 1 City Center Linkages Plan and Timetable _ � .,. � , _ - � w . g . r � � . � , - - ,9=� . _ + II � � .. ,..s.: . -,��.�.. . ..... .� . � � �� k �` � . �r w n a�*'�� '�'r'' +"N ;� "`� I ' 9 7 �g5 ' Y � :e S � f ,.. :9i+ F _ ��y �¢ �+ .y,i,Qll „[�, w��'�i�J"# t �ir'.:�`�`�!R'p'r«�..'„ " II� ,..��.. �d� n ( _ 3 ��1 ;F u.��V_,: .,.Iw�.,.:rr'3 �� . }�`b� �lIR�Jr'f �{ - - `R.. .. ..,. . 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'' � � � � � �� r ' �� i�2 . �i�' � � tar , � � � r� � d11R�i_ �� . r � �'� �rot �q y � 1� V . �� 'r`.r` , �� „ . r ;� ,��, � : s p �R �� I'w � . ��i •� � �:� � �� ,,,`i. r �*�-+�yn�� ` � � - y �p F,:R jP - 't¢'�`.� a � # `� _, � �� R �C d a�°7 � -�T''Z ' � � � r�� `� �� i� °I� °� � � _ «. `� '�e� d�t � �; �� . `, �? � � � , c'b . �� Q,,;"; ��r � t p A � : , , . � y , �� o �_. ::. .._ i G ..: : . . � � .. . . �`�� r� ,��i�w s,,) ��.� � � �� „�yl� � ��! #'rh �� e�,� .:y:�. ,� � . , <. ,., , � " . .. , A, �� , .. � � . a �' �, � .. " . /� � r , , e `� ». `t ''►ii �� -�e z a� �_ �.�1i � ,� �� 3� z �� I � � '� y' � }� - 9 � � � - �.. '� -, � f'� .� �'.I Ir �G' 4 '"� �" � _a.�,,:. � \, ° .�' �}r - —� ti, - - --_ __ �-�°�� ' _ 1,'`.. IL..,�,.� R 1'A�� +rt�".a:� :r � � � � �: � � T, Sm� � ^r `R � �,, , r , �� u ��,s� I `:� * � COMPOSITE EXHIBIT 2 Legal Descriptions of Properties Parcel 28.01, according to the plat thereof, recorded in Plat Book 90, Page 119-121 of the Public Records of Palm Beach County, Florida. Parcel 27.03, according to the plat thereof, recorded in Plat Book 88, Pages 116-117 of the Public Records of Palm Beach County, Florida. Parcel 27.04, according to the plat thereof, recorded in Plat Book 90, Page 1-2 of the Public Records of Palm Beach County, Florida. Parcel 27.05 and Parcel 27.06, according to the plat thereof, recorded in Plat Book 88, Page 104-105 of the Public Records of Palm Beach County, Florida. Parcel 27.10B, according to the plat thereof, recorded in Plat Book 88, Pages 118-119 of the Public Records of Palm Beach County, Florida. Parcel 27.12 (including Parcel 27.14), according to the plat thereof, recorded in Plat Book 94, Pages 40-42 of the Public Records of Palm Beach County, Florida. Parcel 5A (attached) Parcel 5B (attached) Parcels S.A1 and 5.A2 All that portion of Section l, Township 42 South, Range 42 East and Section 6, Township 42 South, Range 43 East, Palm Beach County, Plorida, lying Southerly of Plat No. 4 of the City of Palm Beach Gardens, as recorded in Plat Book 27, pages 4 through 6, and also southerly of the Plat of Winchester Courts, as recorded in Plat Book 37, pages 153 through 155, all of the public records of Palm Beach County, Florida; and lying Easterly of the Easterly right of way line of Interstate Highway I-95; and lying Northerly of the Northerly limited access right of way line for said Interstate Highway I-95 and Northerly of the North right of way line of P.G.A. Boulevard; and lying Westerly of the Westerly right of way line of the Florida East Coast Railroad. LESS AND EXCEPT THEREFROM the parcel identified as Parcel 100, as recorded in Official Records Book 1 Q839, page 1477, of the public records of Palm Beach County, Florida. � Parccl 5.B A p�rcel of land lyiag ia 5ecdon l, Towriship 42 South, Rangt 42 �ast and Scctitxi 6, Towasiup 42 Sowh, R�c 43 East, within lho munic,ipal limits ofthc City of Palm Heech Garciens. Patra Bcach Camty, floridn. at►d bcing morc pnrticutarly dc�cn'i�ed as follcwa: . Boundcd on tve Naih by the Soe�cdy right of way line of P.G.A. Bo�ileva:d: �3aunded on tbt East by tbc Wat tight of way line of the Fiocida East Coast Reittnad; 8ounded on ux s�m by �r�»h �g�►� o��y �� orMo� x��; B�a on r� west by � East right of way line of R.C.A Access Road. LESS AND IXCEP?tNG 1'HEREi�ROM thc Sout� 290 fieet of said 5ection 1 and the Sowh 240 feet of said Section 6. ALSU LESS AND EXCEPTfNG 17�EREFROM tht followiag t�a� parrcls idcntified as Tr.�cts A and B: �.A � I3cing a parcel of land lying irc Sxtion 6, Townstup 42 South, Rsnge 43 East, Fntm Hesc.h Counry, Flo�ida aad being mo�e paiti«ilnrly dcscsibed as foltows: BEG[NNING st tl� Nontx�st conner of thz plat uiRCA E'ARK, as rewrdcd in Plet Dook 83. p�ca 631twu$h 65 of tlu public ntarcis of Palm Aeach County, Florida; Tha�ce North 88° q8' I8" West, along tbe North line o[ said plat of RCA PARK, e diatence of 50630 fctit; ll�cacc North Ol° 50' 34" Gsc a distanoe of 356.19 feet; the�x�c Sauth BS° OS' 18" East a distance of 40T.81 freL Lo a point in the West tine of tlro F.E.C. Railrosd right otway; thc�ce Swth l3° 36' 46" East. along Asid Wcat i'mie a distuncx of 369.i9 foet to the POTNT OF BF.GiN1�iLNG. Ti�d� : I3cing e pureel of land lyin� in Scction 6. Tou�nship 42 Sauth, Rar�ge 43 Ea�t and Section l, Township �12 South, Ran� 43 Ea�, P�Im [3each C;ounty. �lorid� and being mor�e particularly drscribed ns fotloti��: COluilrt�'NCING at the Norfheast corner of ihe plat of RCA PAR1C� as rec,orded in Plat Book 83, pages 63 through 6� of the public reconis of Pa1a� Beach Courn�►� ra�t.r: �� •A.' i Fioada; thmce North 88° OS' 1 S" VI%ost,, along ihe North litie of said plat of RC 4 PARK a diatancr nf _586.30 fcxt sn the PQi�1T OF B£GiirT3l?tiG; Tltcnce alortg the said Noin.h 3ine of � p]nt of RC4 YARK the following n+�w (3) courses and di.staaccs: i. North SS° Q8� l6� we� a as�an�e of 3os.a� �c; 2. North 88° t 0' S6" West a distance of 2] 7.7 8 f�t m a paint in the F.�st line of RCA Baulevand, Thetice Noet� I �° l 3' 44" West, a1nn� said East linc a dist�ce of 194.30 fcct; thmce South 88° OS' t8" Esst a d�stmnoe uf 178.Oa &e� tiLeace?JoRb U1 ° SO' 7�" • East a distattce of 166.36 [eer, thebce 5outh 36° 08' 18" Eest a disr�nr.e of 388.29 feaC, thenae South Ol ° 50' 34" West a dist�ce of 356.19 fe�t to tho POINT OF BEGTNAtiiVO. ALSO LESS A�iD F,XCEPTII�iG TF�RFF'ROM the pa�e1 idenc;fed � Pa�ei loo, as recoeded in Officid Rceords $ook 10839, pa�es i477. of the public nco,nds oC Palioo Bea� County, Florid� togethez with auy la�nd lying between said Pascei 100 and the south right of way lir�e of PGA Boulevard. . . ' �4 � r■ EXHIBIT 3 Linkage Roadways 1. Kyoto Gardens Drive extension (between Alternate A-1-A and Military Trail) 2. Northcorp Drive extension (through Parcels 5B and 5A to future Kyoto Gardens Drive extension) and connection with RCA Boulevard 3. Legacy Drive (from PGA Boulevard to RCA Boulevard) 4. Internal roadways within Legacy Place (north-south and east-west connectors) 5. Lake Victoria Gardens Drive (from Kyoto Gardens Drive to Gardens Parkway) EXHIBIT 4 Resolution 25, 2001 P:\CPWin\HISTORY�020919A\E7D.2D(320.017)(# 39) CITY OF PALM BEACI3 GARDENS, FLORIDA RESOLUTION NO. 25, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE POOLING OF CITY OF PALM BEACH GARDENS TRAFFIC IMPACT FEES FOR CERTAIN REAL PROPERTIES DESCRIBED HEREIN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 166.201, Florida Statutes, provides the City Council with the authority to collect fees necessary to conduct municipal government; and WHEREAS, the City Council has adopted Ordinance 31, 2000, requiring the payment of road impact fees for all new development or reiievelopment within the City; and WHEREAS, Section 57 (b) (1) c of the City's Land Development Regulations, as amended by Ordinance 31, 2000, entitled "Exemptions and credits," allows the City Council to approve the pooling of traffic impact fees when the cost of the improvements or land dedications exceeds the amount of impact fees due; and WHEREAS, Catalfumo Construction and Development, Inc. has submitted a letter received by the City on January 3, 2001, requesting the pooling of traffic impact fees for certain properties described herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: 1 Section l. Pursuant to subsection 57 (b) (1) c of the City of Palm Beach Gardens Land Development Regulations and in the event the cost of road improvements and/or land dedications exceed the total amount of impact fees due, the City Council hereby approves the pooling of City of Palm Beach Gardens traffic impact fees for the real properties described below: 1. Parce128.01, located at the southeast corner of PGA Boulevazd and Alternate A 1 A. 2. Parcel SA, located at the northwest corner of PGA Boulevard and Alternate AIA. 3. � Pazcel SB, located at the southwest comer of PGA Boulevard and Alternate AlA. 4. Parce127.03, located at the northwest corner of PGA Boulevard and Kew Gardens Avenue. 5. Parce127.04, located at the northeast corner of PGA Boulevard and Kew Gazdens Avenue. 6. Parcel 27.05, located on the north side of PGA Boulevard between Kew Gardens Drive and Prosperity Fanns Road. 7. Parcel 27.06, located on the north side of PGA Boulevard between Kew Gardens Drive and Prosperity Farms Road. 8. Parcel 27.1OB, located on the north side of PGA Boulevard between � Fairchild Gardens Avenue and Lake Victoria Gardens Avenue. 2 9. Parcel 27.12, which is bounded by Garden Fairchild Gardens Avenue to the east, Kyo1 south and Alternate A 1 A to the west. Section 2. This resolution shall take effect immediately PASSED AND ADOPTED THIS j� DAY OF�.,t.��s,as. (City Seal) ATTEST: a-1 CAROL GOLD, C CITY CLERK _ . VOTE: �--.-.= - . -MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO January 31, 2001 G: SC Resolution No 25, 2001 � � � Y JO EPH . ] AP OVED AS TO L FORM SUFI IF � LEONARD RUBIN CTTY ATTORNEY AYE � ✓ ✓ ✓ 3 NAY Parkway to the north, Gardens Drive to the its adoption. r. : 2001. .USSO AL 'Y: ABSENT . ✓ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 20, 2002 Meeting Date: October 3, 2002 Ordinance 40, 2002 Subject/Agenda Item: Ordinance 40, 2002 - PUD-02-01 Parce14.07a Magnolia Bay PUD First Reading / Public Hearing: A request by Cotleur Hearing, agent for DiVosta & Company, for a rezoning from Planned Development Area (PDA) to Residential — Low Density 3(RL-3) with a Planned Unit Development (PUD) Overlay district to construct a 99 single-family dwelling unit and 88 duplex unit community with an overall density of 2.ldwelling units per acre. The 89.03-acre site is located on the northwest corner of the intersection of Military Trail and Hood Road. (25, 26-41 S-42E) [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: � Originating Dept.: FINANCE: NA P&Z Commission Action: � Growth Management: [ ] Approved Principal Planner Talal Benothman, AI /I Costs: $ [] App. w/ conditions Project —�F��, Q., , Total [ ] Denied City Attorney Manager ��ti [] Rec. approval Kara Irwin $ [] Rec. app. w/ conds. Deve ent Compliance Senior Planner Cunent FY [ ] Rec. Denial Bahare Keshavarz, AICP [] Continued to: Funding Source: Submitted by: Attachments: Advertised: Growth na �n� O eratin • Table 1 Directo ��,� Date: �� P g • Table 2 Charles K. Wu, AICP Paper: The Palm Beach [X] Other NA • waiver Justification Post • Traffic Statement • Master Plan • Site Plans Approved by: [] Not Required Budget Acct.#: •�ndscape Plans City Manager ed arties: NA � Detaiis P • Model elevations Ronald M. Fe is [ X] Notified • Temple Letter [ ] Not Required Date Prepared: September 20, 2002 Meeting Date: October 3, 2002 Ordinance 40, 2002 Page 2 of 9 BACKGROUND The subject site is a vacant parcel of unimproved land. To the north of the site is Parcel 4.07b, Alta Pines Apartments. The subject site is separated from Alta Pines Parcel 4.07b by an east- west right-of-way connecting Military Trail to Central Boulevard that is part of the City's Conceptual Thoroughfare Plan (Map O) identified in the City's Comprehensive Plan. To the south is Parcel 31.05, with a zoning designation of Planned Development Area (PDA) and a future land-use designation of Residential High (RH); west of the site is the approved San Michele, with an overlay zoning of Planned Unit Development (PUD), with an underlying Residential Low (RL-3) District zoning; east of the subject site is the proposed Evergrene Planned Community District (PCD). Parcel 4.07 is one of the two properties purchased by the DiVosta & Company from Watermark Communities Inc. in 1999 as part of the Macarthur Foundation land sale (Parce14.05 is the other parcel, which is now the Isles). Parcel 4.07a, to be known as Magnolia Bay, will be developed by DiVosta & Company. The applicant is proposing ninety-nine (99) single-family zero lot line homes and eighty-eight (88) duplex units. Magnolia Bay will offer the same housing products (Carlyle, Oakmont, and Capri Homes) as The Isles, a residential Planned Unit Development (PUD) located on the southeast corner of the intersection of Military Trail and Hood Road, with the addition of the single-family attached RHD Duplex Model (28 units). As an amenity to the development, a central recreation facility will include a community swimming pool, a pool house building, and tennis courts. LAND USE & ZONING The subject site is currently zoned Planned Development Area (PDA), has a future land-use designation of Residential High (RH), and is designated as Recreation Open Space (ROS) on the Vision Plan. The applicant wishes to rezone the site to a Planned Unit Development (PUD) Overlay with an underlying zoning of Residential — Low Density (RL-3). The proposed development is consistent with the future land-use designation, as identified in the City's Comprehensive Plan. CONCURRENCY The proposed project received conditional concurrency certification on October 3, 2001, that included concurrency for traffic, recreation, solid waste, sewer and water. The traffic concurrency is contingent upon several conditions that will be incorporated into the approving ordinance. Date Prepared: September 20, 2002 Meeting Date: October 3, 2002 Ordinance 40, 2002 Page 3 of 9 PROJECT DETAILS Buildin,� Site The building site totals approximately 89.03 acres. The proposed plan will create 99 single- family units, 88 duplex units, a 733 square-foot pool house, a swimming pool, two tennis courts, and a tot lot. The pool house will provide a multi-purpose room, a hall, a post office, and small residence office center. There will be four home model types available: the RHD Duplex, Capri III, the Oakmont, and the Carlyle. The RHD Duplex model is an attached single-family unit (duplex) providing approximately 2,246 square feet of total area (1,868 under air) on a 26-foot X 120-foot lot with two bedrooms (with an optional three-bedroom model), three bathrooms, den, and a two-car garage. The Capri III model is an attached single-family unit (duplex) providing 2,117 square feet of total area on a 36-foot X 130-foot lot with two bedrooms, two bathrooms, and a two-car garage. The Oakmont model is a single-family zero-lot line unit providing 2,681 square feet of total area on a 50-foot X 130-foot lot with three bedrooms, two bathrooms, and a two-car garage. The Carlyle is a single-family zero-lot line unit providing 3,376 square feet of total area on a 60- foot X 130-foot lot with four bedrooms, three bathrooms, and a two-car garage. There are 60 Capri III models, 28 RHD Duplex models, 68 Oakmont models, and 31 Carlyle models proposed for the site. The majority of these homes will back up directly onto the central lake on site, except for the RHD Models, which are surrounded by preserve area. These homes will have approximately 10-foot sepaxation. The Carlyle model will have a 10-foot separation, but there will also be pool equipment and air conditioning equipment within the building separations for this model. Site Access Access to the site is available from a gated entrance off of Military Trail, which is contiguous to the eastern boundary of the site. The roadways within the proposed development are 50-foot rights-of-way. All roadways provide curvilinear designs. Cul-de-sacs and roundabouts are also utilized to minimize the speeds of vehicles throughout the site. The project also has an elaborate pedestrian system throughout the site. Sinae Two project identification ground signs are being proposed for this project; they will be located on either side of the entrance to the site along Military Trail. Date Prepared: September 20, 2002 Meeting Date: October 3, 2002 Ordinance 40, 2002 Page 4 of 9 Landscaping/Bu� ering The site will have a 50 to 150 foot landscape buffer (including a berm) along Military Trail. Section 78-186(b)(6)a, Special Front Setback Requirements, requires a 55-foot landscape buffer along Military Trail, which the applicant would not meet along the Military Trail buffer north of the entranceway, and would require a waiver. Landscaping for each home will not be installed until after the completion of the home. All landscaping shall be fully irrigated with an automatic irrigation system providing 100% coverage. The applicant shall be responsible for the landscaping, irrigation, and maintenance of the roadway shoulders on Central Boulevard, Military Trail, and the East-West Thoroughfare along the northern boundary. The homeowner association documents shall provide language providing for the long-term maintenance responsibility. The applicant is proposing landscape buffers in excess of what is required by the Land Development Regulations on all boundaries except the eastern property boundary, which will range from the minimum 55 feet to 150 feet, which meets the requirements of the Military Trail parkway overlay. The buffers adjacent to Central Boulevard (western boundary) are 100 feet in width and incorporate landscape buffers and preserve areas. The northern property boundary buffers are 28 to 40 feet in width and incorporate landscape buffers and preserve areas. The southern property boundary buffers are in excess of 100 feet in width and incorporate preserve areas. Environmental Issues In addition to the 25% set aside required for the upland preservation on site, the applicant is required to preserve 1.14 acres of upland on site due to mitigation from parce14.05 (PUD-99-08; The Isles). The applicant is required to provide 19.8 acres of upland preservation on site (25% of the 79.3 viable upland acreage) for a total of 20.9 acres. The applicant is providing 21.2 acres on site. PhasinQ The proposed project will be built in one phase. Draina�e The subject site is located within the C-18 basin of the South Florida Water Management District (SFWMD) and Northern Palm Beach County Improvement District's (NPBCID) Unit 2, and will utilize a series of lakes to be constructed on site to provide the required stormwater treatment and Date Prepared: September 20, 2002 Meeting Date: October 3, 2002 Ordinance 40, 2002 Page 5 of 9 flood protection. The lakes will be interconnected via a culvert piping system with controlled discharge through a bleeder/weir control structure to the NPBCID canal east of Military Trail. Surface water management design for the site will conform to the discharge criteria of NPBCID and the requirements of the South Florida Water Management District (SFWMD). The drainage system for the project will accommodate pass-through drainage from properties to the west of Central Boulevard, as well as drainage from the developed and undeveloped properties to the south, and a proposed apartment site to the north. Parking The City Code requires one space per bedroom. The applicant has provided 748 residential parking spaces, which is in excess of the 561 (1 space per bedroom) required. The applicant is providing 26 spaces of on-street parking in front of the RHD Duplex Models, since the driveways are to the rear of the homes, which provide for guest parking spaces in addition to the two-car garage. The applicant is also providing 14 parking spaces at the recreational amenity parking area. Waivers Code Section Re uired Provided Waiver Recommendation Section 78-141 Residential Zoning District Regulations — Lot 35% 50% 15% Support Coverage Section 78-141 Residential Zoning District Regulations — Lot 65' 26' 39' Support Width Section 78-141 Residential 3380 Zoning District Regulations — Lot 6500 square feet 3120 square feet square feet Support Area Section 78-141 Residential Zoning District Regulations — 25' 15' 10' Support Front Setback 0' duplexes Section 78-141 Residential �.5' or 10% of lot 3' 1"/6' 11" 4'S"/1'6" Support Zoning District Regulations — width building Side Setback 3' 1" / 5' screen enclosure Section 78-141 Residential Zoning District Regulations — 10' S' - 0' S' - 10' Support Rear Setback Section 78-250(a)(3)(a) Minimum 100' Minimum 50' Minimum Dimension and Total Width width 50' Support Area of Preservarion Areas Date Prepared: September 20, 2002 Meeting Date: October 3, 2002 Ordinance 40, 2002 Page 6 of 9 Sidewalk on each One side of the Ones side Section 78-506 Sidewalks of the Support side of street street street Section 78-285 Signs for Maximum one (1) Residential Develo ment si n face 2 1 Su ort Code Section Required Provided Waiver Recommendation Section 78-498 Minimum Rights- , Support (with of-Way and Pavement Widths 50' 38' 12 condition of a roval) Section 78-314 Street Trees 2/ Lot 1 1 Support Section 78-3 a�kIn�tlent (Off-street Off-stre�Te�t parking On-street parking Allow Su ort P g) Y PP Section 78-498 ( fl Marginal , Access (alleys) `�0 20' 2�' Support The applicant has provided waiver justifications for the above-requested waivers. The applicant has requested thirteen waivers from the Land Development Regulations. Six of the thirteen waiver requests are to the Residential Zoning District Regulations. The applicant is proposing four separate model homes, which each require waivers due to compact nature of development. The applicant maintains that the waivers are necessary to provide spacious tracts of lakes, native preserves, and open space. Staff supports the request since the aforementioned aspects of the proposed site plan comprise 73% of the total area. The City Forester supports the request for the waiver from the Preserve Area requirement of a minimum 100' width/length, since the applicant is proposing a continuous buffer as opposed to separate pockets of preserve. The applicant is preserving the total requirement on site as a continuous buffer around the entire parcel. The applicant has also requested a waiver from the maximum one (1) sign face allowed for a residential development to allow two (2) sign faces on a double sided sign at the entranceway. The City Code does not allow for a double-faced sign, which the applicant is proposing at the proposed entryway. The proposed signage provides notice to northbound traffic, as well as southbound, of the proj ect's entryway. Planning and Zoning staff supports the request, since the applicant has provided adequate or excessive buffers along the remaining perimeter areas on the site. The applicant has also requested a waiver from the minimum right-of-way dimension of fifty (50) feet to allow a thirty-eight (38) foot right-of-way. The applicant is proposing a 38-foot right-of- way with a two (2) foot valley gutter on one side and a one (1) foot header curb on the other side. Date Prepared: September 20, 2002 Meeting Date: October 3, 2002 Ordinance 40, 2002 Page 7 of 9 The waiver requires that the applicant provide two (2) foot valley gutters on both sides of the 38- foot roadway. The applicant has also requested a waiver from the minimum marginal access dimension of forty (40) feet to allow a twenty (20) foot right-of-way. The applicant is proposing a 10-foot alleyway with a two (2) foot paver sections on both sides and two (2) feet of concrete on both sides of the alleyway. The applicant enlarged the turning radius on the alleyway to forty-five feet in order to meet the fire-rescue equipment access requirement. The applicant has also requested a waiver from the minimum sidewalk on both sides of the street requirement to allow an area without a sidewalk within the hammerhead cul de sacs. Staff supports the applicant's request since the applicant is providing sidewalks along the front property line of all proposed residential homes. The applicant has also requested a waiver to the minimum Street Trees required per lot to allow for one street tree rather than two per lot. The applicant has provided two street trees in front of the single-family attached (Capri III) lots, which is one structure but the lot is subdivided into separate two ownerships. The applicant has provided additional open space on site in exchange for approval of the requested waivers. Lastly, the applicant has requested a waiver to the Intent of the off-street parking regulations to allow for twenty-six on-street parking spaces along the front of the RHD-A Duplex model, which is accessed by an alleyway with a rear-facing garage. Policy 2.13.1 of the City's Comprehensive Plan allows on-street parking provided it allows safe performance standards and efficient traffic flow. The on-street parking will provide guest parking for the duplexes, which will discourage parking in the streets and within the alleyways. The Planned Unit Development approval allows for the granting of waivers by the City Council in exchange for increased development standards. The City Council may request additional aesthetic improvements or development requirements of the applicant in exchange for the approval of the requested waivers. The applicant's justification, which is adequate for the Planning & Zoning staff to analyze and support all waivers, is attached. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. Sin�le-Access Communitv In staff's professional opinion, the addition of another entrance onto Central Boulevard will relieve congestion within the Magnolia Bay community as well as on the adjacent roadways by Date Prepared: September 20, 2002 Meeting Date: October 3, 2002 Ordinance 40, 2002 Page 8 of 9 providing the residents with another alternative. However, on July 9, 2002, the Planning & Zoning Commission voted (4-3) to not recommend an additional entrance. PLANNING & ZONING COMMISSION RECOMMENDATION On August 13, 2002, the Planning & Zoning Commission recommended approval of the project to City Council, without the Central Boulevard access. At the public hearing, a representative from Temple Beth David, the adjacent property to the south, requested that the applicant install a six-foot (6') high masonry wall where the two properties abut due to heightened security coricerns. The applicant offered to provide a six-foot (6') high black vinyl fence along the adjacent property line, since a six-foot (6') high masonry wall would require a wide support system, which would require the clearing of some preservation area. The Temple representative agreed to the compromise. The Planning & Zoning Commission added a condition of approval that the applicant erect a fence along the east and north property lines of the Temple Beth David site. The Planning & Zoning Commission recommended that the six-foot (6') high black chain link fence be inset ten feet (10') into the property. While the Planning & Zoning Commission did not recommend that the applicant extend the fence along the entire southern boundary of the site, the applicant intends to extend the fence along the rear of the Gardens Presbyterian Church to Central Boulevard. Although City Staff supports the installation of the fence, it does not support the placement of the fence ten feet (10') into the property, since that would place the fence within the upland preserve area. The installation of the fence would require a certain amount of clearing of the preserve area, which would unnecessarily impact the preserve. The Temple Beth David Site has an existing eight-foot (8') landscape buffer, which will provide more than adequate screening of the fencing, so the impact on the preserve area is not essential. Staff has revised the condition to place the six-foot (6') black vinyl fence along the southern property line of the subject site. STAFF RECOMMENDATION Staff recommends approval of Ordinance 40, 2002, with approval of waiver and conditions of approval. Date Prepared: September 20, 2002 Meeting Date: October 3, 2002 Ordinance 40, 2002 Page 9 of 9 Date Prepared: September 20, 2002 ORDINANCE 40, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FOR A REZONING OF AN APPROXIMATELY 89.03-ACRE PARCEL OF LAND FROM PLANNED DEVELOPMENT AREA (PDA) TO A PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT (PUD) WITH AN UNDERLYING RESIDENTIAL LOW (RL-3) ZONING, TO BE KNOWN AS "MAGNOLIA BAY," BY APPROVING THE CONSTRUCTION OF 99 SINGLE-FAMILY DWELLING UNITS, 88 DUPLEX UNITS, AND ASSOCIATED AMENITIES, LOCATED ON THE NORTHWEST CORNER OF MILITARY TRAIL AND HOOD ROAD, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-02-01) from Cotleur Hearing, agent, for approval of a rezoning of approximately 89.03 acres of land from Planned Development Area (PDA) to a Planned Unit Development (PUD) Overlay with a Residential Low (RL-3) underlying zoning district to allow construction of 99 single-family units, 88 duplex units, a 733 square-foot pool house, a swimming pool, two tennis courts, and a tot lot, located on the northwest corner of Military Trail and Hood Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the Planned Unit Development (PUD) known as "Magnolia Ba}�'; and WHEREAS, on August 13, 2002, the City's Planning and Zoning Commission reviewed said application and recommended its approval, including the requested waivers, subject to conditions of approval; and Date Prepared: September 20, 2002 Page 2 of 8 WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Surface Water Management Prior to issuance of the first clearing permit, the applicant shall provide recorded documentation of drainage easements for the off-site pass through drainage from Temple Beth David, Palm Beach Gardens Presbyterian Church, and Grandiflora Road. (City Engineer) Transqortation / Traffic Concurrencv 2. The project build-out date is December 31, 2005. (City Engineer) 3. No more than 2,411 new external daily trips (any combination of land uses) shall be permitted until contract has been let for four (4) laning of Hood Road from Military Trail to Alternate AIA. (City Engineer) 4. No more than 3,048 new external daily trips (any combination of land uses) shall be permitted until contract has been let for reconfiguration of the Victoria Gardens Drive / PGA Boulevard intersection to provide three (3) northbound left-turn lanes and one (1) northbound right-turn lane. Should FDOT not approve this change in lane configuration, then one (1) additional left- turn should be provided at this location. (City Engineer) 5. Six months after issuance of the iirst residential building permit and semiannually thereafter, the applicant, successors, or assigns shall submit a trafiic summary report showing the number of approved permits and the relationship to traffic concurrency conditions. Staff will review the reports to ensure that the traffic concurrency conditions are being met. (City Engineer) 6. The applicant, successors, or assigns shall conduct signal warrant studies of the Hood Road and Alternate A 1 A intersection beginning during peak season (between December 1 St and April 30th) after the issuance of the first certificate of occupancy and every six months thereafter until the issuance of the final Certificate of Occupancy. Should the warrant indicate a need for a signal at Hood Road and Alternate AlA, the applicant, successor, or assigns shall be required to provide a pro-rata share of installation costs as determined by the City Engineer. (City Engineer) 7. The applicant, successors, or assigns shall collect PM peak hour turning movement counts at Date Prepared: September 20, 2002 Page 3 of 8 the intersection of Hood Road and Military Trail beginning during peak season (between December 1 St and Apri130t") after the issuance of the first Certificate of Occupancy and every six months thereafter until the issuance of the final Certificate of Occupancy. At such time as the southbound left turn volume exceeds 300 vehicles per hour, an additional left-turn lane (dual left-turn lanes) shall be provided at this location by the applicant. (City Engineer) 8. Prior to the issuance of the first Certificate of Occupancy, the applicant shall provide an exclusive left-turn ingress lane along Military Trail at the northern project access driveway. (City Engineer) CPTED Conditions 9. All streetlights shall be Metal halide. (Police) 10. The applicant shall install a six-foot (6') high black vinyl chain link fence along the subject site property line where it abuts Temple Beth David and the Gardens Presbyterian Church. The fence shall be installed within six months of the issuance of the first clearing permit. (Planning & Zoning) Landscaping and Maintenance 11. Military Trail, Hood Road, and Central Blvd. median and roadway shoulder beautification plans shall be submitted, prior to issuance of the first building permit, for review and approval by the City Forester. The Military Trail plans shall be compatible with those approved for the Isles. The Central Boulevard plans shall be compatible with those approved for San Michele. (City Forester) 12. The applicant shall be required to submit median beautification plans for adjacent sections of Military Trail only if the applicant for Evergrene Planned Community District fails to submit such plans for approval prior to the issuance of the first building permit for the Magnolia Bay Planned Unit Development. (City Forester) 13. The applicant shall be required to submit the median beautification plans for Central Boulevard only if the applicant for San Michele Planned Unit Development fails to submit such plans for approval prior to the issuance of the first building permit for the Magnolia Bay Planned Unit Development. (City Forester) 14. Landscaping and irrigation within medians and adjacent roadway shoulders for Grandiflora Road, Hood Road, Military Trail and Central Boulevard shall be installed within six months of the issuance of the first clearing permit. (City Forester) 15. The applicant, successors and assigns shall be responsible for the maintenance of the Grandiflora Road, Hood Road, Central Boulevard and Military Trail median and adjacent roadway shoulder landscaping, irrigation, and bullnose areas. The cost of maintenance for the medians may be shared with the property owners across the streets named above. (City Forester) 16. All the PUD buffers shall be installed within six months of the issuance of the first clearing Date Prepared: September 20, 2002 Page 4 of 8 permit. The Growth Management Department shall inspect the supplemental planting for the preserve areas and buffers where voids in groundcover and shrubs occur in order to adequately screen the first six to eight feet above grade of all structures within the project. The City Forester may require additional landscape material to fill any voids to achieve said screening. (City Forester) 17. Prior to the issuance of the final Certificate of Occupancy, the applicant shall remove all exotic vegetation from the preserve areas. Non-native plant shall not be allowed in a preserve area. (City Forester) 18. The recreation area and entry road landscaping shall be completed prior to issuance of the ninety-third residential Certificate of Occupancy. (City Forester) SECTION 3. The following waivers are hereby granted with this approval: 1. Section 78-141 Residential Zoning District Regulations — Lot Coverage, to allow 50% lot coverage. The Land Development Regulations allow a maximum of 35% lot coverage. 2. Section 78-141 Residential Zoning District Regulations — Lot Width, to allow 50-foot lot widths. The Land Development Regulations require a minimum of 65 feet in width. 3. Section 78-141 Residential Zoning District Regulations — Lot Area, to allow a minimum 4,680 square foot lot area. The Land Development Regulations require a minimum of 6,500 square feet in area. 4. Section 78-141 Residential Zoning District Regulations — Front Setback, to allow for a minimum 20-foot front setback. The Land Development Regulations require a minimum 25- foot front setback. 5. Section 78-141 Residential Zoning District Regulations — Side Setback, to allow for a minimum 3' 1"/6' 11" building 3' 1" / 5' screen enclosure side setback. The Land Development Regulations require a minimum of 7.5 feet or 10% of the lot width, whichever is greater, for the side setback. 6. Section 78-141 Residential Zoning District Regulations — Rear Setback, to allow for a 5-foot rear setback. The Land Development Regulations require a minimum ten (10) foot rear setback. 7. Section 78-250(a)(3)(a) Minimum Dimension and Total Area of Preservation Areas, to allow for a minimum 40' width. The Land Development Regulations require a minimum of 100 feet in width. 8. Section 78-506 Sidewalks, to allow a sidewalk on one side of the street within the parcels of development. The Land Development Regulations require a sidewalk on each side of the street. 9. Section 78-285 Signs for Residential Development, to allow two sign faces on the entrance signage. The Land Development Regulations allow a maximum of one (1) sign face per development. 10. Section 78-498 Minimum Rights-of-Way and Pavement Widths, to allow for a 38' minimum right-of-way pavement width. The Land Development Regulations require a minimum 50-foot Date Prepared: September 20, 2002 Page 5 of 8 right-of-way width. 11. Section 78-314 Street Trees, to allow for one street tree per single-family attached lots. The Land Development Regulations require a minimum of two street trees per lot. 12. Section 78-341 Intent (Off-street parking), to allow for on street parking in front of 28 single- family attached homes (RHD-2 Duplex Model). 13. Section 78-498 ( fl Marginal Access (alleys), to allow for a 20' alleyway to provide rear access to the twenty-eight RHD-2 Duplex Models. The Land Development Regulations require a minimum 40-foot right-of-way width. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. August 1, 2002 Cover Sheet by Cotleur & Hearing, Sheet 1 of 21. 2. August 2, 2002 Master Site Plan by Cotleur & Hearing, Sheet 2 of 21. 3. August 2, 2002 Site Plan by Cotleur & Hearing, Sheet 3 of 21. 4. July 26, 2002 Site Plan by Cotleur & Hearing, Sheet 4 of 21. 5. April 19, 2002 Entry Enlaxgement by Cotleur & Hearing, Sheet 5 of 19. 6. August 1, 2002 Site Details by Cotleur & Hearing, Sheet 6 of 21. 7. March 13, 2002 Site Details by Cotleur & Hearing, Sheet 7 of 19. 8. April 19, 2002 Entry Landscape Plan by Cotleur & Hearing, Sheet L-1 of 19. 9. April 19, 2002 Recreation Parcel Landscape Plan by Cotleur & Hearing, Sheet L-2 of 19. 10. April 19, 2002 Common Area Landscape Plan by Cotleur & Hearing, Sheet 10 of 21. 11. April 12, 2002 Common Area Landscape Plan by Cotleur & Hearing, Sheet L-4 of 19. 12. April 12, 2002 Common Area Landscape Plan by Cotleur & Hearing, Sheet L-5 of 19. 13. April 12, 2002 Common Area Landscape Plan by Cotleur & Hearing, Sheet L-6 of 19. 14. April 15, 2002 Landscape Detail by Cotleur & Hearing, Sheet 14 of 19 (with attached Plant List). 15. March 13, 2002 Typical Site Cul de Sac by Cotleur & Hearing, Sheet 15 of 19. 16. January 18, 2002 Typical Setback Plan and Matrix by Cotleur & Hearing, Sheet 16 of 19. 17. March 13, 2002 Typical Landscape Plan Capri Homes by Cotleur & Hearing, Sheet 17A of 19. 18. March 13, 2002 Typical Landscape Plan Capri Homes by Cotleur & Hearing, Sheet 17B of 19. 19. March 13, 2002 Typical Landscape Plan Carlyle Homes by Cotleur & Hearing, Sheet 18 of 19. 20. March 13, 2002 Typical Landscape Plan Oakmont Homes by Cotleur & Hearing, Sheet 19A of 19. 21. March 13, 2002 Typical Landscape Plan Oakmont Homes by Cotleur & Hearing, Sheet 19B of 19. 22. August 2, 2002 RHD Townhome Typical Site Plan by Cotleur & Hearing, Sheet 20 of 21. 23. August 2, 2002 RHD Townhome Typical Landscape Plan by Cotleur & Hearing, Sheet 21 of 21. 24. Capri III Cover Page 25. December 15, 2000 Capri III Floor Plan by DiVosta, Sheet A-1. Date Prepared: September 20, 2002 Page 6 of 8 26. December 15, 2000 Capri III Elevations by DiVosta, Sheet A-3. 27. Oakmont Cover Page 28. December 15, 2000 Oakmont Floor Plan by DiVosta, Sheet A-1. 29. June 15, 2000 Oakmont Elevations by DiVosta, Sheet A-3. 30. June 15, 2000 Oakmont Elevations by DiVosta, Sheet A-4. 31. Carlyle Cover Page 32. December 15, 2000 Carlyle Floor Plan by DiVosta, Sheet A-1. 33. December 15, 2000 Carlyle Elevations by DiVosta, Sheet A-3. 34. December 5, 2000 Carlyle Elevations by DiVosta, Sheet A-4. 35. December 15, 2400 Pool House by DiVosta, Sheet A-1. 36. Issued August 1, 2002 RHD-A Floor Plans by DiVosta, Sheet A-1. 37. Issued August 1, 2002 RHD-A Elevations by DiVosta, Sheet A-2. 38. Issued August 1, 2002 RHD-B Floor Plans by DiVosta, Sheet BA-1. 39. Issued August 1, 2002 RHD-A Floor Plans by DiVosta, Sheet A-1. SECTION 5. All Ordinances or Parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. 5ECTION 6. If any clause, section, other part or application of this Ordinance is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 7. This Ordinance shall become effective immediately upon adoption. PLACED ON FIRST READING THIS DAY OF PLACED ON SECOND READING THIS _ DAY OF _ PASSED AND ADOPTED THIS _ DAY OF 2002. SIGNED: MAYOR JABLIN 2002. 2002. COUNCILMEMBER CLARK VICE MAYOR SABATELLO COUNCILMEMBER RUSSO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO Date Prepared: September 20, 2002 Page 7 of 8 COUNCILMEMEBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN CITY ATTORNEY AYE NAY ABSENT Date Prepared: September 20, 2002 Page 8 of 8 EXHIBIT A A PARCEL OF LAND STTUATE IN SECTIONS 25 AI� 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, WITNIN TI� K�UMCIPAL LIMITS OF 71-E CI7Y OF PALM BEACH GARDENS� PALM BEACH COUWTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED A5 FOLLOWS: THAT PART OF TF� WEST HALF (W 1/2) OF SAID SECTION 25 LYING SOUTHERLY OF THE SOIJTH LINE OF THAT CERTAIN PARCEL OF LAt� DE5CRIBED IN OFFICAL RECORDS BOOK 5889, AT PAGE 534, PUBLIC RECORDS OF PALM BEACH COINVTY� FLORIDA AND I.YII� EASTERLY OF THE EAST RIGHT OF WAY I.INE OF CENTRAL. BOULEVARD. LESS At� EXCEPTING THEREFROM THE RIGHT OF WAY OF MIUTARY TRAIL AND THE LAI�� CONVEYED TO PALM BEACH COUNTY BY TF� RIGHT OF WAY DEED RECORDED IN OFFICAL RECORDS BOOK 72Q 1. PAGE 600. TOGETHER WITH THAT PART OF TF�E WEST HALF tW 1/2) OF SAID SECTION 36 LYING NORTHERLY � TFIE NORTH R1GHT OF WAY LIt� OF HOOD ROAD AI� LYING EASTERLY OF TFE EAST RIGHT OF WAY LINE OF CEN7RAL BOULEVARD. LESS AND EXCEPTING THEREFROM THAT CERTAIN PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2982, AT PAGE 131, PUBLIC RECO.RDS OF PALM BEACH COUNTY� FLORIDA. ALSO LESS THE ADDITIONAL RIGHT OF WAYS OF MILITARY TRAIL AI�D HOOD ROAD CONVEYED IN OFFICIAL RECORDS BOOK 7483, PAGE 1746. ALSO LESS THAT CERTAIN PARCEL OF LAI� DESCRIBED IN OFFICIAL RECORDS BOOK 10024, PAGE 784, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. I1�88 AHD �YCaPTlNGi: BEDVG A PAR(,EL OF U1�D LYING IN TtE SOUTHWEST 01�-QUARTER OF SECTIUN�2� TOWNSF�P 41 SOUTH. RAN(iE 42 EAST, PALM BEACH COUNT'Y, FLORIDA. MORE PARTI(�ARLY DESCR]BED AS FOLLOWS: COMkiENCE AT TFE SOUTFEAST COFiI�R OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 2� ThENCE NORTM Ot'22'09" EAST� ALONG TFE EAST LIt� OF SAID SOUTHVVEST �-qUARTER� A DISTANCE OF 1�320.98 FEET; Tt$NCE NORTH 88'3T51" WEST� A DISTANCE OF 60.00 FEET TO A POINT ON Tif MIEST RIGHT OF WAY U�E OF MILITARY TRAIL APD Tlf POINT OF BEGIMQNG OF TFE t�REIN DESCRIBED PARCEL; 71fNCE NORTH 88°37'S1" WEST, A DISTANCE OF 10R00 FEET, TO ThE PO1NT OF CURVATtAE OF A CI�tVE. CONCAVE NORTHEf�.Y� HAVING A RADIUS OF 260.00 FEET ; TI�N(;E WESTERLY, ALONG TFE ARC OF SAID CURVE TFROUGFI A CENTRAL MIGLE OF 37'2635'� A DISTANCE OF 169.91 FEET, TO A PO]NT OF TANGENCY; TFENCE NORTH 51•11'16" WEST, A DISTANCE OF 104.83 FEET. TO TNE POINT 4F CUtYATUiE OF A qXiVE, CONCAVE SOUTFERLY� HAVAVG A RADIUS OF 64000 FEET ; TIfNCE WESTERLY, ALONG TFE ARC OF SAID CUR�/E Th�iOUGFi A CEN'TRAL ANGLE OF 38°00'40", A DISTkNCE OF 424.59 FEET, TO A POINT OF TANtiENCY; TFENCE NORTN 89•11'S6" WEST, A DISTANGE OF 810.71 FEET TO A POINT ON 'fFE EAST RIGHT OF WAY LIPE OF CENTRAL BOULEVARR. AS CONVEYED IN OFFICIAL RECARD6 BOOK 5207, PAGE 3510F Tlf PUBLIC RECORD� OF SAID PALM BEACH COIJIVTY; TFENt� NORTH 00'4$'t)4" EAST� ALONG SA1D EAST WGHT OF WAY UPE� A DISTANCE OF 640.77 FEET TO A POINT ON Tif 90UTH LIt� OF A PARC,EL DESCRIBED IN OFFICIAL RECORDS BOOK 5889, PAGE 534 OF TFE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE SOUTH 88°37'17"`E�►ST� ALONG SAID SOU7H LII�, A DISTAN(� OF 1�513.78 FEET; TF�Nf;E SOUTH 43'3T34" EAST. A DISTANGE OF 56�57 FEET TO SA]D WEST RIGHT OF WAY LD�E OF MILITARY TRAIL; TFENCE SOUTH 01'22'09" WEST ALONG SAID WEST R1GHT OF WAY LIi�, A DISTANt� OF 841.59 FEET TO TF� POINT OF BEGIN�NG. CONTAINING 89.034 ACRES. MORE OR LESS. Parce/ 4. 07a - Magno/ia 8ay (PUD) Re�ised Waiver Requests: Divosta & Company is seeking City Council approval of eleven (11) waivers as permitted by the City of Palm Beach Gardens Land Development Regulations (LDR) for Planned Unit Developments, to allow relief from specific site development regulations. The majority of the requested waivers are required due to the fact that the LDR's do not contain provisions for Zero Lot Line and attached housing. It has been the City's policy to review each request for these housing types based on the merits of the project. Summary: 1) Sidewa/k Kequirement LDR Section 256(b), Sidewalk Requirement 2) Minimum LotArea LDR Section 75, Table 18, Minimum Site Area 3) Minimum Lot Width LDR Section 75, Table 18, Minimum Lot Width 4) Maximum Lvt Coverage LDR Section 75, Table 18, Maximum Lot Coverage 5) 8uilding & Acc�ssory Structure Setbacks (Poo/s & Sc�een Enclosures) LDR Section 75, Table 18, Minimum Building and Accessory Structure Setbacks (NOTE: Revised to Include new Row House Development units) 6) Minimum P�seivation Width Requirement LDR Section 116(a)(3)(a) "Minimum Dimension and Total Area" 7) Use ofa doub/es sidea' monument sign , LDR Section 78-285, "Tab4e 24: Permanent Sigr�s" 8) Reduction in minimum row width to 38' (/imited areas) LDR Section 78-498 "Minimum Rights-of-way and pavement widths -Table 40: Minimum Rights-of-Way" 9) Reduction in street tree requirement of 1 pe�/ot in (/imited a�as) LDR Section 78-314 (d) "Minimum requirements for single-family and duplex residences" 10) On-Street Parking Transportation Element Policy 2.13.1 —"On-street parking generally prohibited" f�'t ?',� ;, !':� ;'.� �:. :%.�-�: ;',�`..� � >.,' i . Parcef 4.07a — Magnolia Bay PUD Waiver Requests Page 2 11) Maigina/Acce.ss (a//eys) LDR Section 78-498(f) Table 40 —"Road Surfacing and Improvements" Request for Waivers �) Code Requirement and Requested Waiver Sidewalks Section 256(b) requires continuous sidewafks on one side of a street, which serves between 15 and 80 lots. The applicant is requesting a waiver from this requirement. Justificaiion The cul-de-sacs in the Magnolia Bay (PUD) provides a configuration, whereby, two of the homes within (the corner lot on the side of the cul-de -sac) the cul-de-sac have side lot lines that abut the right-of-way. The cul-de-sacs at Magnolia Bay are configured with a 38-foot "T' right of way end configuration. Sidewalks are provided on one side of the T right of way. In order to meet the requirement, sidewalks would have to be constructed along both sides of the road. The applicant is providing a sidewalk along the front property line of all proposed residential homes. The applicant is requesting to waive the requirement to place a sidewalk along the side of the right of way on the corners of the cul-de-sac T roads. Sidewalks in these locations would not provide any benefits to the community, as they would lead to nowhere. The intent of the code provision is to provide pedestrian access to each home that is reasonably connected through out the neighborhood. We believe the intent of the code is satisfied since sidewalks are provided in front of every home. 2} Code Requirement and Requested Waiver Section 75, Table 18, Minimum Site Area Section 75, Table 18 (RH) of the Land Development regulations requires a minimum site area of 6,500 square feet (sf) for a single-family dwelling unit. The applicant is requesting a waiver from this requirement. Three homes are proposed within the Magnolia Bay Planned Unit Development. The Capri, a 2,122 sf attached (Dupfex) singfe famiiy home, is proposed with a minimum site area of 4,250 sf and a typical lot size of 4,680 sf.. The Oakmont, a 2,681 sf zero lot-line single family home, is proposed with a minimum site area of 5,750 sf and a typical lot Cotleur Hearing F 1934 Commerce Wne, Sulte 1 Jup4Ser, flalda 33458 561 747 6336 Fmt 747 1377 S/1 /2002 Parcel 4.07a — MBgnolia Bay PUD Waiver Requests Page 3 size of 6,500 sf. The Carlyle, a 3,376 sf zero lot-line single family home, is proposed with a minimum site area of 7,000 sf and a typical lot size of 7,800 sf, and does not require a waiver from the property development regulations. Justifiication According to Section 88 (a) of the Land Development Regulations, the purpose and intent of a Planned Unit Development (PUD) is to sncourage more efficient and creative development; to encourage an economical and efficient arrangement of buildings; to provide maximum opportunity for application of innovative concepts of development in the creation of aesthetically pleasing living and recreational environs and to preserve natural amenities and environmental assets of the land by encouraging the preservation and improvement of scenic and functional open areas. As proposed, Magnolia Bay meets the purpose and intent of the PUD Overlay District. Approval of the requested waivers will allow a more efficient use of the land and a more creative community. The requested waivers will allow clustering of units in order to provide a larger central lake feature increased open space and a recreation area for residents. This creative concept will provide a sense of community where neighbors will have the opportunity to get to know each other and build a strong sense of community. Residents will be able to walk or ride a bicycle to the recreation area Approval of this request will allow the site to be developed in a compact and integrated residential community consistent with Eastward Ho! policy, thereby, reducing urban sprawl and concentrating development east of I-95. Additionally, these requests are similar to other requests previously approved by the City of Palm Beach Gardens and other municipalities throughout Palm Beach County. The overall intent of Magnolia Bay is to provide a maximum amount of open space similar to the Isles PUD. The majority of homes are located on waterfront lots, and those few that do not have di�ect access to water are provided large tracts of open space abutting their property. In addition to the waterfront and open space provided, a recreational facility is planned within the community. Each of the requested property deveiopment waivers is necessary in order to provide such spacious tracts of lakes, native preserves, open space and a sense of community. Also the applicant notes that the RH District permits a maximum gross density up to 12 dwelling units to the acre. The applicant is proposing a maximum gross density of 1.9 dwelling units per acre, substantially below the allowable density. 3} Code Requirement and Requested Waiver Section 75, Table 18, Minimum Lot Width Section 75, Table 18 (RH) of the Land Development Regulations requires a 65' minimum lot width for all properties. The appficant is requesting a waiver from this requirement. The Capri home is designed with a 36' minimum lot width, the Oakmont is designed with a minimum 50' lot width and the Carlyle is designed with a minimum 60' lot width. Cotleur Hearing 1934 Commerce Wne, SWfe 1 Juplfer, Flalda 33458 561 747 6336 Fmc 7A7 1377 8/1 /2002 Parcel 4.07a — Magnolia Bay PUD Waiver Requests Page 4 Justification Please see justification for Item 2 above. Justification for this requested waiver is the same as that of Item 2. 4) Code Requirement and Requested Waiver Section 75, Table 18, Maximum Lot Coverage Section 75, Table 18 (RH) of the Land Development Regulations permits a maximum lot coverage of 35%. The applicant is requesting a waiver from the maximum lot coverage requirement. The Capri home lot will require 50% maximum building lot coverage, the Oakmont home lot will require 47% maximum building lot coverage and the Carlyle home lot will require 48% building maximum lot coverage. Justification Please see justification for ltem 2 above. Justification for this requested waiver is the same as that of Item 2. 5) Code Requirement and Requested Waiver Section 75, Table 18, Minimum Building and Accessory Structure Setback Section 75, Table 18 (RH) of the Land Development Regulaiions requires setbacks for all structures located in the RH zoning district. The applicant is requesting setback waivers for each of the three proposed models in Magnolia Bay. The Typical Setback Plan and Matrix located on the site plan outlines the proposed primary building setbacks for the three models within Magnolia Bay. The proposed Matrix for yard setbacks is as follows: Re�uired RDH Home Front 25' Front (porch) 7'6" Side Corner 20' Common PL 7'-6" Rear 10' Capri Home Front 25' Cotleur Hearing 1934 Commerce lane, SuNe 1 Jupiter, Fbrlda 33458 561 747 6336 Frnc 747 1377 Proposed for Homes 15' 5' 10' 0' 10' 20' Proposed for Screens N/A N/A 5' 0' 10' N/A S/1/2002 Parcel 4.07a — Magnolia Bay PUD Waiver Requests Page 5 Side 7'-6" Side Corner 20' Common PL 7'-6" Rea r 10' Oakmont Home Front Front Side Load Garage Side left (ZZL) Side Right Side Corner Rear The Carlvle Front Front Side Load Garage Side left (ZZL) Side Right Side Corner Rear 25' 25' 7'-6„ 7'-6>, 20' 10" 25' 25' 7'-6" 7'-6„ 20' 10" 7'-6„ 15' 0' 10' 20' 14' 3'-1 " 6'-11" 15' 10' 20' 14' 3'-1 " 6'-11 " 15' 10' 5' 10' 0' 5* N/A N/A 3'-1 " 5' 10' 5'* N/A N/A 3'-1 " 5' 10' �,,, * Where a rear property {ine is ad}acent to a water body or open space tract equal to or greater than 100' in width a 0' setback is requested for pools and screened enclosures. Note: 1.) Zero lot line criteria are not provided in the Palm Beach Gardens Land Development Regulations. 2.) There are no property development standards for pools or decks without vertical height provided in the Palm Beach Gardens Land Development regulations. Justification Please see justification for Item 2 above. Justification for this requested waiver is the same as that of Item 2. (Justification specific to Row House Development units) The various setback waiver requests for the Row House (RHD) units are required for the purpose of promoting sustainable development techniques within a traditional style development. Traditional development concepts such as homes with porches, homes that engage the street, lots with rear access garages and alleys along the rear promote compact development that is comfortable for residents and which promotes pedestrian activity and neighborly interaction space. � Cotleur Hearing 1934 Commerce lnne, St�lte 1 Juplfer, Florlda 33458 561 747 6336 Fmc 747 1377 8/1 /2002 Parcet 4.07a — Magnofia Bay PUD Waiver Requests Page 6 Row House units are proposed to be setbacr: a minimum of fifteen (15) feet from the front property line with porches proposed to be setbacE: five (5) feet. This will allow for an appropriate scale to the proposed streetscape to maximize resident perceptual responses to the interaction spaces (porches) and public spaces (sidewalks). Vehicular space will be set at the rear of each property allowing for two spaces for each household (one garage and one tandem) which is accessible from a rear alley. Visitors to the neighborhood and guests can access each property from the street from on-st�eet spaces (see waiver request 11). The waiver request from the minimum setback requirements for the screen enclosure is required to provide maximum private space for each RHD unit. Screen enclasures are proposed to be located between the rear of each unit and the rear garage. Party walls are proposed between each unit and at the property line to afford each unit a private outdoor area. Access to the rear yard can be achieved by a door placed between the rear yard garage and property line at the rear of the enclosure. 6) Code Requirement and Requested Waiver Minimum Preservation Width Requirement Section � 16(a)(3)(a) "Minimum Dimension and Tota/ Area" Section 116 of the LDR's requires a minimum 100' width for all preservation areas. A reduction in this requirement is requested to allow a minimum width of approximately 50' for a small portion of the proposed preservation area. The Magnolia Bay site contains 75.48 acres of pine flatwoods (90% Of the site), which are subject to the Land Development Regulation (LDR) requirement for upland preservation. The LDR's require that 25% of each native habitat be preserved which equates to 18.87 acres of preserve. The Magnolia Bay Master Plan provides approximately 18.20 acres, 24.11 %, (exclusive of easements) of native upland preserve. The preserve areas have been carefully located to be reasonably compact and continuous and to serve as an amenity to the community. LDR Section 116 requires a minimum width of 100 feet for preserves. For the most part Magnolia Bay complies with this requirement. The applicant is �equesting a waiver to allow 1.61 acres (8.5%) of upland preserve to maintain a minimum width of 50 feet. The applicant believes this request is justified because these areas provide a linear connection linking the upland preserve areas together in a continuous fashion. Additionally the applicant has provided increased on site lake area, which is necessary to meet the requirements of the recent Unit II drainage study. This burden limits the applicant's ability to satisfy the width requirement of all of the preserve areas and still maintain an economically viable development. In summary the applicant is requesting a waiver of 50 feet for 1.61 acres (8.5%) of the required 18.87 acres of required upland preserve. 7) Use of a doubles sided monument sign LDR Section 78-285, "Table 24: Permanent Signs" Section 78-285, Table 24, permits a maximum of one face per residential entry feature signs and one sign per wall or entry. The applicant is requesting a waiver from the maximum number of sign faces for their entry feature sign. The proposed sign will be located on a central median Cotleur Hearing 1934 Commerce La�e, Sutte 1 JupYter, Fbrlda 33458 561 747 6336 Fmc 747 1377 8/1/2002 Parcel 4.07a — Magnolia Bay PUD Waiver Requests Page 7 at the main entry into the site from Military Trail. Pedestrian and vehicular traffic along Military Trail in both directions will be able to identify the development and location of the entrance to the development with this design. All applicabie ground sign lighting and landscaping requirements will be adhered to with the proposed two sided entry sign. Justification Centrally located entry sign will allow for unfettered views across the proposed lake and landscape features on either side of the entrance to the site. This proposed sign will allow for recognition of the development for both motorists and pedestrians traveling north or south along Military Trai1 to the site. With the sign centraiiy iocated a more natural and park-like condition can be maintained along the development's perimeter boundary facing Military Trail. Additionally it is common and accepted practice for median signs to be placed perpendicular to the adjacent road ROW and to be double faced. The existing code would allow sign walls on both sides of an entry road which would amount to the same amount of signage proposed by the applicant. 8) Reduction in minimurn row width to 38' (Limited Areas) LDR Section 78-498(f) "Minimum Rights-of-way and pavement widths -Table 40: Minimum Rights-of-Way" LDR Section 78-498(f), Table 40 requires a minimum right-of-way for marginal access roads to be forty (40) feet (a minimum of 2 ten (10) foot {anes with 2 feet af curb on both sides). The applicant is requesting a waiver from this requirement in limited areas of the PUD development to thirty-eight (38) feet. The limited areas in which the request is made is at the location of the T-intersections at the terminaf ends of the development's four (4) cul-de-sacs. This is the same waiver that was granted to the Isles PUD. The configuration of the cul-de-sac and the thirty- eight (38) foot ROW has proven to be a good design solution. Justification A reduction in the minimum right-of-way width for these marginal access tanes is necessary to maintain continuity with the size of residential lots. Also reducing the amount of paved and impermeable areas in these areas allows for more {andscaping and amenity space for residents. The amount of traffic to the residential units in these limited areas is expected to be low due to the cul-de-sac orientation. The minimum required pavement width and required pedestrian features are maintained with the requested waiver. 9) Reduction in street tree requirement of 1 per lot (limited areas) LDR Section 78-314 (d) "Minimum requirements for single-family and duplex residences" LDR Section 78-3�4(d) requires that at least one street tree (a shade tree from the City's preferred tree list) be provided as a street tree for each single-family or duplex lot within a Cotleur Hearing 1934 Commeree Lane, Sulte t J�lter, Fbrlda 33458 561 747 6336 Fmc 747 1377 8/1/2002 Parce14.07a — Magnolia Bay PUD Waiver Requests Page 8 residential development. The applicant is requesting a waiver from this requirement at limited locations along the perimeter road (interior side) within the proposed development. Justification A reduction in the number of street trees required for a limited number of residential lots within this development. This request is necessary in order to satisfy the requirements of Seacoast Utility Authority for the Capri (multi-family) product type only. This waiver is mitigated by providing additional street trees through out the community. The applicant is providing more than twa (2) Times The Number of street trees than fots. Overall aesthetics will not be compromised with this requested waiver as the existing on-site vegetation and proposed landscaping will compensate for reduced street trees in these specific areas. The effect of a tree-lined street will be achieved with approvai of this waiver request. Additionally the appficant notes that this condition is the same as was approved for the Isles PUD. 10) Code Requirement and Requested Waiver Transportation Element Policy 2.13.1 — On-Street Parking Policy 2.13.1 of the Transportation Element allows on-street parking with City Council approval, provided safety and efficient traffic flow are maintained. Policy 2.13.1 states, "The City shall generaUy prohibit on-street parking on all arterial and Neighborhood collector roads. On-street parking may be allowed, with City Council approval and as necessary the approval of the agency having jurisdiction over said roadway, when the design of the roadway in relation to adjacent uses maintains safe pertormance standards and efficient traffic ilow". City Council approval is requested to permit on-street parallel parking stalls in a limited area within the residential development; in association with the Row House RHD) units. Justification These spaces will not compromise the safe performance standards and traffic flow efficiency for the remainder of the proposed residential development. The on-street parking provides an effective barrier between sidewalk and roadway uses as advanced by smaller communities and European traffic calming techniques. The two proposed roads on which the on-street parking will be provided are not arterial or neighborhood collector roads within the development. On-street parallel parking provides traffic calming and assists in effectively separating pedesirian and vehicular use space. Driver's actions are changed with on-street parking. Drivers slow as they are looking for parking and as other cars are attempting to park on the street. 11) Code Requirement and Requested Waiver LDR Section 78-498(f) Table 40 —"Road Sur�acing and Improvements" Marginal Access (alleys) LDR Section 78-498(fi) Table 40 —"Road Surfacing and Improvement" prescribes minimum rights-of-way widths for marginal access roads within residential developments to be a minimum of forty (�40) feet. The applicant is requesting rear alley access in limited areas for the purpose Cotleur Hearing ` 1934 Commerce lnne, SUtte 1 Juptter, Fiwtda 33458 561 747 6336 Fmc 747 1377 8/1 /2002 Parcel 4.07a — Magnolia Bay PUD Waiver Requests Page 9 of serving the Row House (RHD) units within the proposed residential development. A twenty (20) foot rear alley (one-way) is proposed at the rear yard of every RDH. The alley will be comprised of a ten (10) foot wide asphalt carriageway space flanked on either side by pavers on either side. Justification In keeping with the above mentioned sustainable development and traditional development practices, the use of rear alleys allows for vehicles to be removed from the front yard (potential interaction space) which allows for street oriented placement of the RHD units. Pavers located on either side of the carriageway will allow for pedestrian movements within this low traffic area. Section 88 (g)(16) Criteria for a PUD Waiver A preponderance of 11 criteria for a PUD Waiver must be met for approval of all PUD waivers. Section 88 (g)(16)(a-k) outlines these criteria and an analysis for each is provided in italics below. a. The request is consistent with the city's comprehensive plan. According to Policy 1.1.1.1. (I) of the Future Land Use Element of the Comprehensive Plan, the City shall promote urban infill and redevelopment, direct public investment to existing urban areas and encourage mixed-use and clustering requirements. Approval of these requested waivers will fulfill this requirement in providing a compact development that promotes community, infill development and preservation of open space and natural resources. b. The request is consistent with the purpose and intent of this section. The requested waivers are the minimum necessary in order to make this project a community oriented plan that provides large tracts of water bodies and open space while at the same time providing a recreational center and desirable residential community for living. The overall purpose of this code section is to provide a sustaina6le community where residents and play and also protect fhe natural environment. This plan accomplishes each of these objectives. c. The request is in support of and furthers the city's goals, objectives and policies to establish development possessing architectural significance, pedestrian amenities and linkages, employment opportunities, reductions in vehicle trips, and a sense of place. Magnolia Bay PUD satisfies this requirement. The community is a posifive architectural addition to the City of Palm Beach Gardens. The recreationaf space and natural amenities combined with mission architectural design while the homes are well thought out and provide many interesting features such as tile roofs, arched entries to front Cotleur Hearing 1934 Commerce Lane, SWte 1 JupRer, Flodda 33458 561 747 6336 Fax 747 1377 8/1/2002 Parcel 4.07a — Magnolia Bay PUD Waiver Requests Page 10 porches ana' elongated windows. The rooflines are sloped and offset, which adds depth to the elevation. Pedestrian amenities include sidewalks, extensive waterfront lots (appraximately 90% of the homes), recreation center and extensive landscaping. Additionally, each of these amenities provide a sense of community and place while reducing vehicle trips internally and externally to the site. Residents can safe/y walk or ride a bicycle to the recreational center and swim or play tennis. d. The request demonstrates that the granting of the waiver will result in a development that exceeds one or more of the minimum requirements for PUD's. The Magnolia Bay project exceeds the minimum required open space and landscaping requirements. Additionally, the applicant is providing landscaping, sidewalks and irrigafion in and along Milifary Trail and Central Boulevard, and also is developing the site at a density significantly less than that permitted. e. The request for waivers results from innovative design in which other minimum standards are exceeded. The requests for each of the waivers to the property development standards is the result of a design that will provide a maximum amount of waterfront lots and open space in excess of code, while simultaneously providing a centralized recreation center thaf will provide many resident amenifies. The request demonstrates that the granting of the waiver will result in preservation of valuable natural resources, including environmentally sensitive lands, drainage and recharge areas, and coastal areas. The applicanf will be providing in excess of 18 acres of native upland preserve. Additionally the applicant will be providing approximately 13 acres of lakes. The creation of Iakes is important for regional drainage and recharge of underground aquifers. g. The request clearly demonstrates public benefit to be derived, including but not limited to such benefits as no-cost dedication of rights-of-way, extensions of pedestrian linkages outside of the project boundaries, preservation of important natural resources, and use of desirable architectural, building, and site design techniques. The applicant will be constructing a linkage road along the north boundary of the site, which will benefit all residents of the City. A/so as previously stated the applicant is participating in the Unit ll drainage improvements, which will provide regional benefit.. h. Sufficient screening and buffering, if required, is provided to screen adjacent uses from impacts caused by a waiver. Cotleur Hearing 1934 Commerce Lane, Sulte 1 Juplter, Ftwldo 33458 561 747 6336 Fax 747 1377 8/1/2002 Parcel 4.07a — Magnolia Bay PUD Waiver Requests Page 11 No buffering or screening is required by approval of any of these requested waivers. The request is not based solely or predominately on economic reasons. The requested waivers are not based predominately on economic reasons. The applicant has built similar communiiies with success. People love these communities and there is great demand by people to live in them. Demand is created by proving waterfront lots, open space and amenities that people want and need. A strong sense of safety and community are created in this innovative design. The appiicant encourages the cify personnel to visit fhe Riverwalk communify in West Palm Beach. The Riverwalk community has been very successful and is similar in design to The Isles of Palm Beach Gardens. j. The �equest wi{I be compatible with existing and potentia{ land uses adjacent to the developed site. The existing land use is RH, the most intense residential category in the City. The proposed waiver requests are consistent with the existing land use and will not impact adjacent properties. The project will be substantially buffered by native upland preserves. The proposed waivers are similar to waivers granted to the adjacent Evergrene and San Michele PUD's. k. The request demonstrates the development will be in harmony with the general purpose and intent of this section, and that such waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety and welfare. The requesfed waivers will allow compact environmenfally conscious developmenf consistent with the land developmenf regu/ation of the code and that of the comprehensive plan. Additionally, these requests will promote the Governor's Eastward Ho! policy of infill development east of I-95 that does not promote urban sprawl. Furthermore, the requested waivers will not create any detrimental impacts to the immediate community nor the Cify of Palm Beach Gardens at large. Cotleur Hearing 1934 Commerce Lane, Sutte 1 Juplter, Flalda 33458 561 7d7 6336 fcnc 7d7 1377 8/1/2002 08/01i2�02 1�:19 5614341663 PINDER TROUTP9AN PAGE 02 �INDER TiZOtITMAM CONSCILTING, INC. Transportation Planners and Engineers 2324 South Congress Avenue, Suite 1H West Palm Beach, FL 33406 (561) 434-1644 Fax 434-1663 www. pindertroutman.com August 1, 2002 Mr. Cha��es Wu, AICP Growth Management Director City of Paim Beach Cardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Magnolia Bay (Parcel 4.On - �PTC99-108 Dear Mr. Wu: The purpose of this letter is to provide a traffic equivalency analysis for the above referenced project The project status is oudined below: Traffic Concurrenry Approval - 2001 ➢ 96 Single Family Residendal Units ➢ 94 Multi Family Residentiai Units ➢ 17,415 SF Retail ➢ 3,500 SF Bank Proposed Dewelopment for Parcel 4.07 ➢ 99 Single Family Residential Units ➢ 60 Multi Family Residential Units ➢ 17,415 SF Retail ➢ 3,500 SF Bank Revised Proposal for Parcel 4.07 ➢ 99 Si�gle Family Residentia) Units ➢ 88 Multi Family Resident Units Attachments 1A, 1 B and 1C provide the daily, AM and PM peak hour trip generation comparis�ns, which show that the proposed plan generaees less daily AM and PM peak hour hips than the approved plan. Therefore, the requirement� of tfie Tra�c Performance Standards have been met ��.: ��.,.,.,. Pleace�bQWk3rg m�.wi�,any questions. + r�, �r,+_�w'^ � . r31(�� * �f �' J� � ` � / i � / ` : / � , P` '�`nt ^_ .�'�''`�� E►�cie�ires � • w..• -_ . , ��....,,.� .- oc: Rick Creene Don Hearing Letler Wu 99-1A8 B-1-OZ �$/i �� Z � �TC- �rvtc�-�os eh/o2 trip�en comparison 49-108 8-1-02 at PaBe 1 of 3 Attachment 1 a Magnolia Bay Daily Trip Generation T�affic Concurrency Approvaf - 2001 Proposed Development Plan for Parcel 4.07 Net Tri s (208) Revised Proposai for Paroei 4.07 Net Tri s (1,743) (t) Sou+ce: Section 10.8, Fair Share Road Impact Fees, of d►e Palm B�ch Counry Unified Land Devc�lopmentCode (ULDC). a a . 6 � n a 6 r: � a ,= � � m N 1`. W � F-�+ Q1 Q� G1 -o H z a m � � � 0 C � 3 D Z � D � m e Attachment 1 B Mapnolia Bay AM Peak Hour Trip Ceneraoion Tra(fic Concun+ency Approval - 2001 ��- � La� Use Gode 220 94 D� 820 17 415 SF 912 3,500 Sf riP Ceneration Rate (1) � 0.75 /DU(25/75) 0.51 /DU(1 b/84) = 0.596Ln (�+2.329(61 12.63 Sf(56/44) Proposed Devebpment P�an for Parce14.07 ITE land Use Code Interai Tri Ceneration Raee (1) Residential Si Famil 210 99 Dus 0.75 /DU(25/75) Residendal Muld-Famil Z20 60 Dus 0.51 /OU(16/84) �� 820 17 415 SF Ln ('i) = 0.596Ln p0+2.329(6 n.„,p_i„ �„� 912 3,500 Sf 12.63 Sf(56/44) Revised Proposa) for Parcel 4.07 ITE land Use Code Residendal5in e Famil 210 Q�.lo.,ri:.l M�dfi-Familv 220 msi Tri Ceneration Rate {1) 99 Dus 0.�5 /DU(25/75) 88 Dus 0.51 /DU(16/84) 72 - 48 - 56 4 44 4 56 4 44 4 205 f 74 45 22 �vrc�-�oe eI�/o2 bip�e� compatison 99-108 8-1-02 at Page 2 0( 3 11 Tri Pass-by new � n s : ToLal Td s(2) ln Out Tota 6 74 - 0.096 19 55 74 6 31 - 0.096 S 26 31 0 52 23 44.796 18 11 29 8 40 � 18 46.096 12 10 22 0 197 41 54 102 156 . Net Trips (2) (13) (15) Tri s Pass New Tri s t Tohdl Tri (2) In Out Tolal 6 74 - 0.096 19 56 74 8 45 - 0.096 7 38 45 �4 119 0 26 94 119 Net Trips (30) (21) (52) (1) Sout�e: Iretituae of T�ansportation Engineers (ITq, Ttip C�adon. 6th Edition. � (2) Sowoe: Sectbn 10.9, fair Share Road Impad Fers, of die Pa�m e�ch Counly Unifled Land Development Code NLD�- D L� m m � Attachment 1C Mag,nolia Bay PM Peak Hour Trip Generadon Traffic Concurrency Approva) - 2001 �PTC99-108 m m �/t/OZ t tripgen comparison 99-i08 �t-02 at � Page3of3 N m m r� Proposed Development Plan for Parcel 4.07 Net Tri (12) (6) i18) Revised Proposal for Parce14.07 Net Tri (94) (98) (192) (1) Source; Instihtte of Transpor�tion Engineers (ITE), � Ce�eration. 6th Edltion. 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CYPRESS 7REESALONG iHE LqKESHALL SEAM/N/MUM OF 75`FROM THE DRA/NAGE P/YE LOC47ED /N TH£ DkA/NqG£ EASENENT. � I I ' -- �r---r � �\ � � -��R,, av_.� �°h[iol=av; �� ow,� C,�:,,Ai1 G��s'�- 5 `.' � t.'.�9�,MI• �I�I \8'9 tr £� : � � '�; � � � N� IMI � � " " a `�. ��jt il�lk •: .� . ��t �Iqt� �_ ;�:� ► ,� ,, f�, N� �� Ej �I�� I��` �� II'kI ��i�� ,, � j �MI �"� �� r� � �� 'I �>�:;::.,�� ►1 ��:�� ;�� h�,1 �� . �, .�rrr•^_�r�� , ��r�� , � - � . / '1 � � � Cotleur H�earing FnMOM1Mtl 4�p1YCpY�n Su YCammMC� 1�n1 �Yn. iV' b� b151 bN.)�i{]]! Faai11.1�» `� � O �� 0 v° � .� � °' � � � � � � � � CS � �� Q � Q0. Common Ana Cands�pe P/ans � � .�, t-6 d 19 �� SHRUB/GROUNDCOVER PLANTING DETAIL M9 LAR6E TREE PLANTING OETAIL �.s PALM PLANTING DETAIL N.T.S. � I ..�..�.....�.�.� � `� � ��.:.��: � -. LARGE TREE PLANTING DETAIL WITM ROOT BARRIER wnv�w Me � �.. � %/%� LARGE TREE PLANTING DEfAIL WITH ROOT BARRIER SECLIONVIEW xrs ��„�.,.��..,�,,. ,�,�:.` �:�°; ."� �.�,��..,�.,E_ ; :�.�a"°..� o �,°,�.E;:� �e �°,�. �„,;�.;,� � `� e�- _ = t� �W � o�`�_..�._.M.... 1 w„ � ....,.._.. ROOT BARRIER DETAIL SECTION VIEW Landscape Note ��o� Landscape Quantities Landscape Detai/ � Cotleur Hearing � ,�..m.' � �«� ,a�.�.�,. SulUl •nun.(+an.]H6e seiaaa�x v..an.im ,� `\ 0 �� a o � �, �� , Q � Q0. �, 14 a19 pLANTLIST 3 8 3] � 3t iB 0 26 tp5 2io 3 9aa 15 I 13 89 1)8 230 1.925 13 2 Ip 5 ]0 BO] d67 r 158 409 200 3fi0 f2 753 0 308 331 203 i,aa� 29] 475 830 1.789 100 319 f.102 23D us ao 503 522,720 5 15 15 5 5 15 5 5 15 s ao 25 ao 15 15 15 7.� � 7.3 32 32 25.0 1 7.3 73 1.0 i.a 1.0 1.0 0.2 1.0 0.3 1.0 1.0 D.2 to i.o t.0 �0 ]�x 15 NFS HI&SCUSSTANOARO BO IE ILIX'EASf FALATKA' 555 �S JUNIPE7tU59UCICOLI dA0 LI UGERS(ROEMIA INpIG �4+` W UGUSTRUMLUpDUM RO MAG MAGNOLIA GMND�FLORA � MC MVRIG� CERIFERA 130 MLG /MGNOUAGRANDIFIORA'UTT�EGEM' 1,575 PE PINUSELLIOTfII 1.050 PE7 %NUSELLIOTTII 110 Ol pUERCVSUUREIOPK 8,800 pV OVERCUSVIRGINIANA 8W OVt pUEitCVSVIRGINIANA 30 SM N.AEfQ.IIA µqHOGANY 1H5 TA TABEBUTAARGENfF_A 1,335 TD TA%Op1UM�ISfICHUM 880 TD7 TAXOpUMDISfICHUM PALMS 8 LH CHAMAEftOPS HUMILIS ]3 GN COCUSNUqFE3U'GREfNMAUYAN' 128 LP UTMIIA lOppIGE51f J� PFA PfYCN05PERMAEiEGANS 1W PIIC PHOENI%DnCfVUFFRA'MmJ00l' D PFIR PHOENIXRECUNATA 500 PHS PHOENIXSYLVESfR15 9 PR PMOpJI%ROEBRFNII 15 0.E AOYSTONEA EIATA 8BJ SP SqgqLPAtMEfTO 330 1,825 13 2 10 5 ]0 BOl l6i i� Z5B <09 200 360 1l 753 0 30B 33t 203 i.ass 29T <75 12B 1,798 ]0 319 1.20� d0 z2e ao SVl 19,069 MI&SLUSTREE 6XA' AS. FAS7PAUTKqHOLLV 1Tx6',3.5°CAI. A5. SO VfNEqN Rm CEOAR 17x �', 25' CAl A.S. CREPEMYRflETUSC�NOM9'X<' A.S. LIGUSfRUMTREEFOFM &B'O.AJO'SPRD. A5. SOVfNERNM�GNOUA 13-1�'O.A.,PCAL A.S. WA%MVFfi�E 7-8'[5'OA A.S. L�TTIEGFAIMAGNOLIA 6�B'OA,1.5'CAI. A.S. SUSHPINE ITtS.9'CAL A.S. SUSH PINE p7, 5'•8' OA A.S. UVRELWK te'.7B'xa',sCAI. A.S. L1VE WK 11k4.25'CAL A5. LIYE pAK f 8k 8'. 5' CAI.. A.S. MAHOGANY 1�'XB'.�'G4L. A.S. YE{.�pWTABEBUTA �0.77x5',3'CAL A5. fl410 CYPRE55 �YM4', S GL AS. GOCONIfI'PAU1 BLUE UTAN PALM ALF)UNpQ2 PALM MF➢JOOL DATEPPLM RKLINA7A PAtM SYLVESfER MtE WGMY MTE PALM FLORtpA ROVAL FALM SAQA�PALMETfO 0'-B'C.T. A.S. 4'�8 C.T. A.S. 1SOA.DB�. A5. 8'G.W.(11'C.T. AS 1&]A'O.A. A5. f C.T. AS. <�5'O.A. A.S. 12C.T. A.S. B�1B'C.T. AS. GD CHRYSOBAIANUSIGGO'NORRONTAUS OWARFCOCAPIUM p3,8'k12' CI CHftY50MIANUSiGCO COCOPLVM A3,1.SY1.5 Gl CRINUMASIATiCUM GRINUMULY 367p6' CLP CRINUMASIATICUM GRINUMLIIYPURPtE 3TXi8" CV CODIAEUMVARIEGATUM'PEfRNCORK$CRECROTON(MIX) n3,Tz? EM EUGET11qMYRTIFOLIA yVRINAMCHERRY p3,3'ty E➢ ELFAGNUEGUNGENS $1LVptTHORNE k3,TxT HP HqMELIA PATENS FIqE8V5N 1p,TzT IX IXORq'NORA GRANT' PINK IXORA Y31.5'%1.5' i%7 I%ORA'NORAGRAM' %NI(IXDRA #7.3'x3' MMGl MYftILACERIFERA WAXMYRTtE p31.5'X1.S MG MYRSINE GUTANEN95 MYitSINE p31.5'%1.5 Ml1H MUHIENBE1iGIACAPILURIS MUHLY q1,1]'%17 PD P�DOCARWS'DWARFPRINGLES PoOOCAFPUSqR�hGLES p3,i,Sx1.5' POl POOpCARPUS'�VJARF PRINGLES PODOCARPUSPRINGLES p3, 1.5'r1.5 S4V SCHEFF�QyA/,R90RICOUTRINETTE' pWf.ypFIEGATF➢SGHETFLFp3,1.5'x7 SR SEftENOAREPENS 51WPqLMEffO tlS,TtT SS EUGENIAFOEfiOA SPANISHSfOPPER p3ZX1' TDA TRIPgqCUMDACTY�010E50WAAF OWARFFAKAHATCHEEGRASN3,TxS FG fINSMACFOGHVLA'GREENISLAND' N ILIX VOMITORIA JM JASMINUMSIMPLIFOLIA JP NNIGERUSPARSONII lM LIRIOPEMUSCARI'EV.GIAM' NB NEPHROLEPIS&SSERAiA P9 SEfCRFASEA PAILIpA RI RAPH40lEPI51NDICA 58 SPARTtNAgqKFRtI TV TULBAGHIA VfOLACEA VO VIBURNUM ODORATISSIMUM IFF IAMIA F�pRIDANA ZF ZqMlq FLORIpANA SOD �S.F.)SrENOTAPHRUMSECVNDATUS •oNn TOT�LpIEHOI�CE 101.LLLWKUKYIeIMJ uAr � EA�W5�1 GREQJ ISIAND FICUS DWARF VAUPON HOLLV DoWM' PAR�NSJUNIPEF LIqIpPE MACHOFERN PURP�E �UFFN INOIAN NAW{HpqNE CoRD GRA$S soaerr cutuc AMEET VIBURNUM COOMIE COOMIE SF, 5(, qUGVSfINE50O M51.5'%t.5' p3.12'YlY #3, 1/5'X1.5' as +xis ai,irxir p3 1,5'%1.S M1. 17'%17 Y3, 7iY 1B' A31.5'X1.5' ei rxr q3, 7x Z %31.5'X1.5' %31.5X1.5 SEESPECS FULL. SPECIMFN, 3' C.T. NLL LANOPY fULL CANOPY, �' C.T. MIN. MUITI. UM&UP 3' FULL GNOVY, LIM&UP t' MIN., MULTI-S� FU4L GNOPV, SOUTH GRONN RILL CANOPY, lIM6VP Y MIN., MULTI FVLL CANOPY, SOUTH GRONN FU4 CANOPY FULL LANOVY FULL GNOGY, 5' C.T, hllN. FULL CANOPV, 5' GT, MIN. FULL CANOVY, d C.T, MIN. FULlCANO�Y FULICANOGY.CHAl7ACTpiTREE fULL CANOW CUftYF7J TRVNKS, FUIL CANOPY fULL, SPEqM@J MAiCHEp, FUU S TVtICK FULL,SYMMETRICAL, MqTCN� MULTI, SPEGYb1Ery. 10 SiEMSMIN. FULL,y'YAEMETHIGL GULL CANOPY, 2 STEMS MIN. FULL, S7FAIGHf TRUNK, M,ITLHF� SfRA1T TRUNK MURRIGNECIfr 70.G. FuLL 7�9'O.C. FULLBTMCK 4'O.C. FUl,l6THIC% 4'O.C. FU(1&THICK 9' O.L., FUL(/f,i CORKSCREW, Z13 PETqq pEp µqy7 70.C. FULL6THICK 9' O.C. FIILL d THICK 3'O.S FULLBTHICK 70.C. FULLdiHICK O.L. NLL 8 THIGK 7 O.C. FULI d iHICK 25'SI.G. FULLBTHICK 1B•O.G. FULLaTMCK 70.C. FU�L6TWCK 70.C. FULIaTWCX TO.L. FULLSTWCK 3' O.C. NlL 8 THICK 2' O.C. fULL 8 THICK 7.5'O.C. NIIdTNICK 25' O.C. FULL & THICK T 3' O.C. FV�L 8 THICK ?3'O.C. FULLdTHICK T O.G FULL 8 THICK �' O.C. FULL 8 THICK 10'O.C. FULLBTNICK T3'O.G PIJiBTHICK 770.C. FULLBTHICK 70.C. FULLBTHICK 70.C, FULl6TMCi( 1B•O.G FULl67H{CK ro.c Fuu ? J' O.C. FULl6 TWCK 75'O.G FULL6THIGK SEESPECSSEE57ECS � � �/ '\ / ,, �� Typica/ Cu/ De Sac Layout Sra,� ,•�=5�� Home � ipace 8 Lake _ — � _ � _---� ---r� ----�---_��1 � '�— � T--- io�1•u.e. `� � ,z�s ec � �-'—�r � s'treetTreeTypical I � 1VariesByl, '1 � � product � �30' t �� ,� 1 1 � �}� so' � `' �� I ` � 1 � �1 12' He2der �� _ _ -__ --'" ;1 I 1 1 1 '•� '� Curb __--- -� � 4.38' _ �"--1 I 1 1 � 65-95' � 1 4 _ '� 55' Z �VariesBy � 1 r� Ramp 4' ;Product..�"–� 1 1'1 TYP� 2' Concrete Val,ey Curb 1 ��. . � 1 �L.-r -- '—Modifled �'� 130' � 1 Type'F" _ � � I CUrb �1 �---- — �', ., ' � �"_' "' 11 i i ---------- -- . , .5� s i is�oP aa. s ------------ Stop Sign ' S0 � L'--"—"—_—" l 5' Concrete � Sidewalk - - "":.J� ---- -_ Typica/ Cu/ De Sac Detai/ Sra/a 7 "=50' Typ. — 5' Sidewalk 20' Lake Malntenance Easement 5' Concrete Sidewa6 2' Concrete Valley 1 Curb 0' Asphalt Orive � o' Utiliry Easement Ip ` Typica/ Site Cu/ De Sac � Cotleur Hearing �nmuo.Nwum�� mm.utanmua �� ,o�. �,.�,«a �. s��w, men. cima. iuse x�a.�ana ca.�n.un '� a � � � � V �n. .� i °� � �� O � � � � 4S \ '�� O Q � 0. Q � �� rs �` =. REFFR TO SEfB�C%MnTRI%KOR MM. SEfewCKS 6'HIGNPRI�ACYWALL �'�TM ON CO�PION PNOPE0.TY I.PIE a•IOOLSEfHACK FliOM SiRUCNRE ].5' 6' IUGH PRfVwCY WA11 ON SIpE P0.0PERTY LPlE � S'%�•M. � Ib V E iYP. 1'SmEWwLK 1' CONC VALLFY - 3' SI�E t REAR YARD 5' S�E 4 REAR vA0.� SETBACK FOR POOL 0.EFER T� SEiB�CK FV.T0.IX fOR MW WUM SEfBACYS SETB/.CK GOA POOL DEIX k SQtEII1FD DECK B SCIIEFNEp ENCLOSUIIE ENCLOSUIIE �'�"�' � )'�I.OECKS k SC0.EENEDENCLQSURFS f'POOLSEfBnCK 6•�II ).5' I � 6' HIGH P0.IVACV W� I ' I�' I 115'-IJb ixa.ua n .rccr.rm.un � � i �'1 ---.._ _.. . _ . _ . _._ . ._ .._. fiaQn Homegesign_Gwdelmes. _._ .__ ...---.- ._._- . . . . _ ... � �aldoti'D� __� ..... .. _ ... ....; , ntc.s+re.aa cp�. .. .._. ...._ . _.__ . i �n nc!. _ n�e.,issa��,r�i_.ii.� _ _ - i.�sf, _ ��o" . . . � � .�a� . . .. a7 S%� _ �8��'° ._�._....� _. ._ __. _.,._ _ _...�._._ �s` ]rf�5ac __' . ....__. _.._ , ._'_'_-'� ..iy�l7at � _, . .. . . 3c x130•' . .... . _"__-_. _ ffi'mm�i+tlR__ . . .__,_... ,_...�.,...-,.... �._....��..._.., )ru]o": . ffi�L;,,,,. ..- -- ... .._ ....«,uOIF, _ . __' _'_" "'.. . _.. 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ENClOSURE _� � � 5'POOLSEfHAGK--{ 6'�� I I I i r i 10 ILf�IIU' zrx+a sr.vm POOLOPTiON l'�1' 6'�II' LORSIDELOAD 1 � GA0.AGE UNIiS ItlU.E.TY91CAt — - - - 5' SI�EwALi( SIDEI-0AD F0.pH(IAM lOMi 3'CONC.VALLEY ��µnGE GNUGE FORF0.1 GViTER GARAG. _ . _ ._ ._ _._ _. _. 'Carlyle Home De�n_Guidel�nes _ . . � � .__ ... ... :--- --... _ . .. � ' �6D� . �. . --.. .. _... .. . . _. _ __ .. AaGslvenllw:._:,,,,' .�...._ __ .. 27D'7� ,��aa;�n�,rEah ar.�, _.. z«u: '_ " .._.... . �eAfRsA� . ... , ... '. _ .. _ �32 �s .. �[An. . i_. _ .� ' ' __ ).77� A!: ... LtCovo�(�......_ t._ "'" _.... ili�.: s�[�!wa„= ... . _ .. . �. 7.at �IR � I�pEQInrts ' � ' `._ ' _ '_ _ _" ' . (0 Lb; �4« �,— - -- _ : �o��i �IorAm� j.. :' . .. . 700D fF.; �wdrm danbrL � _..... '�°........�..�.�,.�...,...,�.....v....�__._..»..,,...._.�.,a..___,..,,............_..,......._...-..�-.: Typica/ Setback P/an And Matrix Nor ro sc ar.E � Cotleur Hearing � 1+dJlK4a� En4ammW Ga�wtlYiq �� eH comm.R. �.�. SWIS 1 n iiiawF�...ia.im ,� � �� O C° `�, N N � � � O � � � �vm �� MW � � nV Y) Q � 0. R -� W�.� �,76�19 �� ar,arorusr w�ar/avumm�m mrui.�+�au cmia+amm/ru ��, mrwuw�umm NOTE REfERTOCOMMONARFA(ANDSGPiNGfORSlREE77REFSANOSIXEE77REE LOGT/ONS. ACL S7REE77RfE5 SNALL CUNfORM R/ SUA REq(//RFMEVP'. Typica/ Landscape P/an Capri Homes s�,�.,-.a,o- � Cotleur Hearing �.,,�.a.. � �� ,�. �,,.R.,�. SWM t FiWr.FUN�3L50 601-)�Idl]B Fu-1�).11n ,�,\ � � � �4 v° �,' � �a � o � �; �� Q� R 0. � � � �. 17A ,� 19 : .�:�tT_ n�a�vrusr u�e'+'i�wrrtarmi ��nuau �u*i�/� �� N07E• REFfRTOCOMMONARfAUNOSGP/NGFORSIREE77REESAND57REff7RFf L000710N5. A(L 57RfET 7RfES SHALL CONFO,PM lO SUA REqU/X6NEA/15. Typica/ Landscape P/an Capri Homes s�,�.,--=,o- � Cotleur Hearing ��.o.,�.m.. � �� ,o,. �.�. W. sa,., �.i�x v�.._'i�i.im ,�.\ � � � �0 v° � �i°1 �w� O �� Q � Q0. �� .�a �h---=� � .�. »sa�s �:�-� — P�nrr usr m vma �'/wwxrx'm rtrv xsmartYwm �uns�en uvmwuovu� wsricva. w�w�.+o.nvruvu •oara� a.ww.ro r p.fA25H4N1w lAlFD[a�AtGCVIG ALCIIII�TRlJYllil� Ru�6 r A�PAfIIW,IpYI�¢[Y/NMM a�� . ,��. _ ,� �. �� ,� � �� e �,� �� ,��,�,� .a�, : :�,�, W � �� : ��u . ��ao�i wnvarm .. �,��,. �warx:rinro.« nwwa�i�wpwrmrrw �ue(uu IM/! M IXK�MIAIu �aR� �� ,�' �, �� .� �� rtn�mnuaa�v � iO�IYG IOIYM �b#�'Ow ;� �� ,�,. :�;�; o rn�i� Ai ;� r� r� ss� rac rnc NOTE RfFERTOCOMMONARFAlANOSGP/NGFORS7AEE/TREESANOS�XEEfIREE LOCAT/ONS. ACL S7REfT7RfF5 SNALL CONfONM !O SUA REQ(AREMfMS. Typica/ Landscape P/an Car/y/e Homes Sra/m I"= IO' � Cotleur Hearing �.,.�.s.. � �� 1Yl1 Lm�marp Wa SW�� 1 .�w. vew. swse sc�aaavs f..an-im `� ,\ � � � � �0 v° � ,Rzi°' �� O �� Q � Q0. mof0- � �, 18 � 79 �� PLANT L/Sl �;.� �,�,� �� NOTE� REFER rO COMMONARE4 (ANDSC4A/NG FOR S1REfT7REES ANO 51REElTREE COCA7/ONS. ALC S7REET7REE5 S!/ACL CONFORAI fiJ SUA REpU/RENFN�S, Typica/ Landscape P/an Oakmont Homes Sr�a/ • 7"= !O' � Cotleur Hearing ,.�.�..,�.n.. � �� o.� ,a�.�..��.�. s�., �,�,.,��, xianeus r...>n.un ,� ,\ � ,v � � �0 v° � ,� i °' � � � O �� o� � �ro Q � Q0. � ,�, 19A „ 19 L� _ � vunrrusr �;�� .�;.� ° ��; ,� �� , NOTf.� REFER7000MMONARfA(ANDSC4Y/NGf0,PS1REEl7REE5ANDSTAEEi7REE LOG4T/ONS. AGLSIREE77XEESSNALLCONFO,PMlOSUAREOU/REMFNl5. Typica/ l�ndscape P/an Oakmont Homes Sv/t 7'= 10' � Cotleur Hearing �.�.,.,�.m.. � �� 1�YN Camm.m� W. 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SWte 400 Pehn B9arh GeNam, FL 39f18 �soi) ez�anr, ro� csa» rneiz� o w�.a�moo�wa.a�..w.ti�. � scu 'E _.y�". 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E � � —wa rvtxw ooaa � � OWO.Na �R �� B-A1 ssus.moi,m �—�� – .�;�--- i LEFT ELEVATION ::: FRONT ELEVATION "°�"°' REAR ELEVATION x.�E, � ,� o .��—�.��..�.... .�..�.r.�..•, _,,, — _._ ........... .... _ ...........................�: _,�� — —��u. — — �� u- �_ ununmunnunionnnnr , �II( � _ e. . _''�„� '�� ►1 niiniiID^^,.°_ nuunuuunmin�= � �'= ��i� � 1=� °°� iiiiiiiiinnn...� FLOOR PLAN �E, �..�.-m• �� _ ::: e RIGHT ELEVATION �; sC«E� v�•.i•.o• / F � �a � ! �� _ � �� 0 Do�� J B � g�& " 0 � �#� � � �Q :4'• .j .�� .�� d i � i � � � e ��s W 9 N � OWm = m E �q tl � •O L 0 � C m a � E 6 � 3 A•1 �1 1� � � �em.ple BetF David� 4657 Hood Road Palm Beach Gardens Florida 33418 (561) 694-2350 Fax: (561) 694-9518 vw.templebethdavidpbg.com David L. Goldstein Rabbi Earl J. Rackoff Cantor Emeritus Susann Ferrara Executive Director Rose Rosenkranz Director of Education Robin Chaney President u � o � < Z N � � F � � � H � August 9, 2002 Mr, Charles K. Wu Growth Management Administrator City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, F133410 RE: Magnolia Bay Pud Petition CP-02-01 Land-Use Plan Amendment CH Project # 99-0209 y `h- , City ot i'.t'.. C;ardens ,9 ,,i,,�:� �!�(? ,;�� E\�) J �',i;�•�;�tN �p�Epp,KTMENT Petition PUD-02-01: Magnolia Bay Planned Unit Devopment (PUD) Dear Mr. Wu: On behalf of the more than nine hundred (900) congregants of Temple Beth David, we are pleased that DiVosta and Company has withdrawn Petition CP-02-01. However, we would like this withdrawal to be "with prejudice" rather than the requested "without prejudice". The findings and recommendations of Staff deternzined that such Petition be denied in its entirety, and given our objections and that of our neighbor, Gardens Presbyterian Church, we see no reason that this matter would ever warrant further discussion. With respect to DiVosta and Company's alternative development plan, Petition PUD-02-01, we would support their proposed residential development subject to the building of a barrier wall between the Petitioner's property and that of the Temple and Gardens Presbyterian. Our main concern is one of security and safety. Since 9/11, these issues have escalated. We have been advised through FBI alerts, that synagogues and religious schools are now targets for terrorist activities. We have had to hire additional security guards and increase our security systems for our existing property, new building, and school classrooms. In addition, on August 7, during our police inspection for our Certificate of Occupancy, we were required to move eight(8) trees on the grounds that they would obscure our parking lot lighting. The police wanted maximum coverage of areas where people would be moving and congregating. Furthermore, connection to our lift station will require a right of way unto our property further complicating our security coverage. We also cannot forget the unfortunate incident that just recently occurred at a neighboring synagogue in North Palm Beach where personal and real property were defaced. �1 1� i � �emple BetF � i i� 4657 Hood Road Palm Beach Gardens Florida 33418 (561) 694-2350 Fax: (561) 694-9518 �vw.templebethdavidpbg.com David L. Goldstein Rabbi Earl J. Rackoff Cantor Emeritus Susann Ferrara Executive Director Rose Rosenkranz Director of Education Robin Chaney President v � o � a i o � H m 2 � We therefore feel that a wall between the properties will promote better security and safety for ourselves and that of our neighbors including the residents of Magnolia Bay. Such walls are frequently built in gated communities. It will discourage unwanted visitors in an area where they do not belong, including children who might be tempted to explore the preserve. It will also make it more difficult for those with a more evil intent to carry out their actions whether on foot or by vehicle. Thank you for your consideration. We request that this letter be made an official part of the record. Respectfully submitted, G�c`s"�. Robin Chaney President Cc: Kara Irwin, Senior Planner Dr. John Fetzer, Clerk of Session, Gardens Presbyterian Church Rick E. Greene, Vice President, DiVosta and Company CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Ordinance 37, 2002 Subiect/A�enda Item: Ordinance 37, 2002: Oakbrook Square Shopping Center PUD Amendment First Reading: Mr. Bruce A. Arthur, of William Hamilton Arthur Architects, Inc., agent for Doron Valero and Equity One Realty & Management, Inc., is requesting an amendment to a Planned Unit Development (PUD) for renovation of the 20.8-acre Oakbrook Square Shopping Center site. The proposed changes include demolishing an existing 10,008 square-foot retail building, creating a new 35-car parking pocket, partially opening an existing courtyard, and adding a new 6,000 square-foot retail building alongside U.S. Highway One, resulting in a 4,008 square-foot reduction to the overall square footage of the shopping center. The site is located at the northeast corner of PGA Boulevard and U.S. Highway One. [ X] Recommendation to APPROVE with conditions [ ] Recommendation to DENY Reviewed by: Originating Dept.: FINANCE: NA Council Action: Growth Management: [ ] Approved Principal Planner Talal Benothma Costs: $ Project Total [] App. w/ conditions City Attorney Manager Leonard Rub , esq. Jackie Holl n $ [ ] Denied Development �� Planner Current FY Compliance "" [ ] Continued to: Bahareh Keshavarz-Wolfs, Funding Source: AICP Submitted by: [ ] Operating Attachments: Advertised: X Other NA Growth Man g ent� I/ � �� • Tables 1& 2 Administrat �. Date: • Ordinance 37, 2002 Charles K. Wu, ICP Paper: Palm Beach Post gudget Acct.#: • Ordinance 47, 1999 ' [ X] Required at 2nd NA • Applicant's Letters (2) Reading, Public • DRC Comments Approved by: Hearing • Traffic Statement City Manager Affec rties: • Location Map Ronald ri'�s [ X] Notified • Excerpt U.S. One [ ] Not Required Corridor Overlay Study • Reduced Plans, Renderings � Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Ordinance 37, 2002 BACKGROUND Oakbrook Square is an existing 20.8-acre shopping center that received site plan approval in 1973. The shopping center has been renovated several times including the addition of a second floor to Jacobson's department store in 1987 and a 10,987 square-foot expansion to the Publix grocery store in 1999. In recent years, several other changes have been made to the center that included renovating the interior courtyard, refurbishing the fa�ade, constructing a porte cochere, landscaping and parking lot improvements, and new corner signage. Outdoor seating was approved previously at Roly's restaurant with Resolution 66, 1999. The site includes a free- standing bank at the northwest corner along U.S. Highway One. CONCURRENCY The PUD was approved in 1973 and prior to the inception of the concurrency requirement. However, because the total square footage of the shopping center will be reduced by 4,008 square feet of retail space, the proposed site will generate fewer trips than the existing site. Should the applicant desire to increase the square footage of the shopping center in the future, a new application for traffic concurrency would have to be submitted and approved. Accordingly, staff requests the City Council to direct staff to remove the trips resulting from this reduction off of all affected roadway segments. LAND USE & ZONING The project is located within the PGA Boulevard Corridor Overlay District and the Northern Palm Beach County U.S. One Corridor. In conjunction with the Publix expansion, the shopping plaza was rezoned from CG-1 - General Commercial to a Planned Unit Development (PUD) Overlay with an underlying zoning of CG-1 - General Commercial through the adoption of Ordinance 47, 1999, with conditions and waivers. The site has a future land-use designation of Commercial (C). Please see attached Table 1 for details of the surrounding properties. PROJECT DETAILS Buildin� The applicant plans to demolish an existing 10,008 square-foot retail building on the southwest side of the existing courtyard north of Duffy's, thereby opening the courtyard to a new 35-car parking pocket. A three-foot wall will be added between the outdoor cafe area and the sidewalk. Access to the site will continue to be from the two existing entrances off of U.S. Highway One on the west and PGA Boulevard (State Road 703) on the south. The gross floor area of the project is as follows: 2 Existing Retail Existing Bank Outparcel Proposed Outparcel Building Less Retail Demolition Total Proposed Gross Floor Area New Retail Building 230,497.0 s.f. 3,531.0 s.f. 6,000.0 s.f. -10,008.0 s.f. 230,020.0 s.f. Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Ordinance 37,2002 The applicant is proposing a new 6,000 square-foot outparcel retail building facing U.S. Highway One that will feature drive-through and by-pass lanes on the north side of the building. Immediately to the north of the new retail center, a new brick-paved pedestrian path will extend from U.S. Highway One east across the existing parking lot to the existing retail building. There will be one row of 90-degree parking on the west side of the new building. A code compliant loading zone will be provided at the rear of the building, along with an enclosed, screened dumpster area. The City's Comprehensive Plan encourages development along U.S. Highway One that conforms with the Northern Palm Beach County "Seven Cities Plan," which advocates, in part, positioning buildings closer to the street with fa�ades, doors, and windows facing the street. The applicant believes the proposed plan conforms with the intent of the "Seven Cities Plan" for U.S. Highway One in Northern Palm Beach County (copy of excerpt attached). Although the new retail center is not positioned directly on the street as suggested by the "Seven Cities Plan," staff believes the proposed building and additional landscaping will provide an aesthetically pleasing buffer within the parking lot. Architecture New storefronts are proposed for the existing west elevation and will feature entry doors, windows, and burgundy awnings above each door and window opening. The existing south elevation of the main retail area facing Duffy's will be modified according to the overall courtyard west elevation and will feature a new tower element with barrel tile roof on the west side in front of an existing optical shop. The Duffy's north elevation will remain the same, except for the removal of a large awning. With this application, no exterior architectural changes are being proposed for the north anchor tenant building (formerly Jacobson's). The proposed 100' x 60' retail building will feature decorative towers at the north and south ends and will have an authentic barrel mission tile roof. The north elevation will feature a drive- through window with an awning; and the south elevation will be similar to the north elevation, with the exception of the drive-through window. Instead of a drive-through window, there will 3 Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Ordinance 37, 2002 be three windows with built-up stucco finish bands above the windows. The west elevation will feature the main entries to the tenant bays and will have pre-cast columns to match the existing columns surrounding the existing courtyard of the main retail area. The east elevation facing the existing shopping center will have a matching centered tower, entrances for employees, awnings above the doors, and decorative light fixtures beside each doorway. Exterior Building Colors The new retail center will feature an authentic barrel mission roof tile. The fa�ade color scheme will be earth tones with the main walls to be sand finish stucco painted Sherwin-Williams Nantucket Dune SW 2006. Highlights, banding, and cornices will be coarse-finish stucco, colored Sherwin Williams Mustard Field SW 2341. Plinths will be sand-finish stucco colored Sherwin Williams Maison Blanche SW 2067. Burgundy awnings will be used for selected doors and window openings in the existing and proposed elevations. It shall be a condition of approval that the color scheme proposed for the new retail center will be extended throughout the existing retail area, including the major anchor tenant building (formerly Jacobson's) on the north end. Sinae The applicant is seeking approval for the location of wall signage for the west elevation of the new retail center facing U.S. Highway One, as well as the west elevation of the existing fa�ade, in backlit red channel letters, as allowed by Section 78-285 of the Land Development Regulations. One sign per tenant space or bay is permitted. The applicant shall be required to submit at a later date a separate application for a tenant master signage program for proposed and existing buildings, which shall require approval by City Council. Landscapin�Bu f ering In order to lessen the non-conformities of the existing landscaping, the applicant is proposing to install new code compliant landscape islands throughout the parking lots with the exception of the existing Publix parking area and the rear (east side) of the shopping center. The applicant is also increasing the width of the west buffer for a distance of 285 linear feet along U.S. Highway One from the previously approved five-foot width to a width that ranges from 12 feet to 30 feet. The courtyard will be maintained as it exists, but will receive additional landscape enhancements. The six landscape planters alongside Duffy's north wall will remain. Median Landscaping Landscaping within U.S. Highway One already exists on the north median, which is maintained by the property owner. The City Forester is requesting that the same landscape theme, irrigation 4 Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Ordinance 37, 2002 system, and maintenance be provided within the south median, and this will be a condition of approval. Art in Public Places The applicant is proposing to use three existing works of art within the courtyard as this project's contribution to the Art in Public Places program. The Art in Public Places Committee will be making a determination in the near future whether this is acceptable or if the applicant shall be required to make additional contributions. Drainage A conceptual paving, drainage and grading plan has been submitted by the engineer of record that indicates the site will drain toward the buildings to the east away from U.S. Highway One. All new impervious area will be contained and treated on-site prior to discharge to the existing storm water management system. Parkin� Based on the uses within the shopping center, 1,057 parking spaces are required, and the applicant is proposing a total of 1,080 parking spaces. Because this is an older, existing shopping center, 189 of the existing parking spaces have a width less than the 10' x 18.5' required by today's LDRs. The applicant is requesting that those non-conforming spaces be allowed to remain and is further requesting that a waiver be granted to allow 132 additional spaces at 9.5' x 18.5'. This would result in a total of 321 non-conforming spaces and 759 conforming spaces, for a total of 1,080 proposed spaces. Previouslv Ap.proved Waivers Several waivers were granted previously with the adoption of Ordinance 47, 1999, to allow a building height of 39' 10" for the Publix peak; to allow 30 existing bicycle parking spaces to remain instead of the required 59; to allow Publix to have a second 36" sign facing PGA Boulevard; to allow 34 parking spaces to be a distance more than 40 feet from a tree; to allow the existing non-native vegetation to remain; to allow the existing five-foot buffers on the north, south, and west sides, and the 10-foot existing buffer on the east, to remain; and to allow the existing carrotwood trees on the east property line to remain. The applicant is requesting all previous waivers, which were granted by Ordinance 47, 1999, remain in effect except for an amendment to the waiver relative to the existing five-foot buffer on the west side along U.S. Highway One. The applicant is proposing to lessen and improve the non-conformity of this buffer which will range from 12 feet wide to 30 feet wide for a distance 5 Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Ordinance 37,2UO2 of 285 linear feet. A 15-foot wide buffer along public rights of way is required by Section 78- 391(a)(1) of the Landscape Code. Please see Table 2 attached for project consistency with the code standards. Waiver Request The applicant is requesting a waiver from Section 78-344(1)(1.)(a), which states a standard parking stall shall be a minimum of 10' x 18.5', to allow 321 of the 1,080 parking spaces to be 9.5' x 18.5'. The applicant is further requesting a revised waiver from Section 78-319(a)(1), Minimum Landscape Buffer, that will lessen the non-conformity of the west five-foot landscape buffer along U.S. Highway One as described above. A 15-foot buffer is required, and the previous waiver granted a five-foot wide buffer. This waiver is being amended to allow 2371inear feet at a 12-foot width and 1,214.50 feet to remain at a five-foot width along U.S. Highway One. Forty- eight feet of frontage will meet or exceed the 15-foot required buffer. Code Section Re uired Existing Pro osed Waiver Recommendation Section 10' x 18.5' 189 spaces Additional .5' to 1' Staff Supports (1) 78-44(1)(1)(a), vary from 321 spaces at Minimum Parking 9.0' x 18.5' 9.5 x 18.5 Stall Dimensions to 9.5' x 18.5' Section 78- West 5' depth 237' at 12' 3' to 10' Staff Supports (2) 319(a)(1) Buffer buffer - 15' width; and Minimum 1,214.50' at Depth 5' width (1) Staff supports the waiver request because the reduction is in compliance with Figure 16, Table 32, Minimum Parking Bay dimensions for Nonresidential Uses of the LDRs, and the required 25-foot drive-aisle width has been provided. This type of waiver has been granted by City Council in the past. (2) Staff supports amending this previously approved waiver request because the non- conformity will be lessened. Increasing the width of the buffer beyond the proposed width for the entire length of the frontage would eliminate needed parking. � Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Ordinance 37, 2002 OUTSTANDING ISSUES City En�ineer Comments The attached letter dated September 12, 2002, from LBFH, Inc., notes several minor revisions to the Site Plan, Landscape Plan, and Site Lighting and Photometrics Plan that shall be made prior to issuance of the building permit. In addition, the applicant shall provide a narrative response identifying if an existing control structure will be sufficient far the exfiltration trench design, or if modifications to the existing control structure or a new control structure is proposed. The width and length of parking stalls on the north side of the new outparcel building shall be adjusted according to Code requirements. The City Engineer further commented that the demolition plans shall be revised to be consistent with the site plan and the preliminary construction plans. SUMMARY OF PLANNING AND ZONING COMMISSION COMMENTS At the public hearing held on August 27, 2002, the Planning and Zoning Commission voted 7-0 to recommend approval of Petition PUD-02-03 with one waiver and 16 conditions of approval. STAFF RECOMMENDATION Staff recommends approval of attached Ordinance 37, 2002, with one waiver, the amendment of one previously approved waiver, and conditions of approval. Staff also requests the City Council to direct staff to remove the trips resulting from the proposed reduction off of PGA Boulevard and other affected roadway segments. 7 � EXISTING USE Subject Propertv Shopping Center North Office Complex , 7 TING ZOIVING Al� South PGA Boulevard Commercial Retail Residential (12 Oaks Condos) West U.S. Highway One , Commercial East Residential (Hidden Key Residential (Hidden Key Condos) ZONING Commercial (CG-1)/ Planned Unit Development (PUD) Professional Office (PO)/ Planned Unit Development (PUD) Commercial (CG-PBG) Residential Hi�h (RH-PB� Commercial (CG-PBC) Residential Single Family (RS-PBC) Residential High (RH-PBG) � Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Ordinance 37, 2002 VATIONS ' LAND USE Commercial (C) Professional (PO) Commercial (C-PBG) Residential Hieh (RH-PBCI Comxnercial (C-PBC) Residenrial Single Family (RS-PBC) Residential High (RH-PBG) Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Ordinance 37, 2002 `fTABL�E2_�� CONStSTENC� V�TH THE CODE Code Requirement Proposed Plan Compliance? General Commercial General Commercial CG-1/PUD Overlay CG-1/PUD Overlay Yes O en S ace - 15% minimum 16% Yes Minimum Building Site 20.8 acres 1 Acre Yes Maximum Building Lot Coverage — 35% 26% Yes Maximum Height Limit — 36 feet 30 feet Yes Setbacks: Front (PGA Blvd.) — 50 ft. Front (PGA Blvd.) — 190' 11" Side (Hidden Oak) — 15 ft. Side (Hidden Oak) — 55' Yes Side Facing St. (U.S. 1) — 40 ft. Side Facing St. (U.S. 1) — 55' Rear (Golden Bear) — 15 ft. Rear (Golden Bear) — 307' Parking: Number Required — 1,057 1,080 spaces Yes Bicycle Parking: 5% of required parking (1057) = 53 Existing spaces — 30 Waiver granted 12/99 to allow 30 spaces existing spaces to remain Ground Signs: Number Allowed — 3 3 existing — Oakbrook Yes (1 for 300' of ROW frontage, + 1 1 existing - Bank Granted Variances 11/5/92 & per additiona1700 feet ROW frontage) 1/11/84 Wall Signs: 1 per tenant space or bay. New Retail Center 1 per tenant Yes Must face ROW or primary Existing Center — 1 per tenant Yes entrance Publix — 2 existing Publix granted waiver 12/99 Date Prepared: September 16, 2002 Meeting Date: October 3, 2002 Ordinance 37, 2002 Code Requirement Proposed' Plan Compliance? Landscaping: Existing Buffers: Waivers granted for all existing Buffers: North = 5' buffers in 12/99 (Ord. 47, 1999) North (PO) = 8' South = 5' South (PGA Blvd.) = 15' East = 10' East (Residential) = 15' West (U.S. 1) = 15' West Existing: 5' width West: Decreasing non-conformity West Proposed: 237' at 12' width; for 285' linear feet along 48.0' to exceed 15' width; U.S. Hwy. One 1,214.50' to remain at 5' width. Landscape Islands: Every 9 spaces Every 9 spaces except Publix Yes, except for Publix parking parking area area. Waiver granted in 12/99 allowed 34 existing parking spaces that were more than 40 feet from a tree to remain as they were. G/Jackie/PUD-02-03 stf CC 1�` reading.doc Attachments 10 Date Prepared: September 23, 2002 CITY OF PALM BEACH GARDENS, FLORIDA ORDINANCE 37, 2002 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO THE OAKBROOK SQUARE SHOPPING CENTER PLANNED UNIT DEVELOPMENT (PUD) BY DEMOLISHING AN EXISTING 10,008 SQUARE-FOOT RETAIL BUILDING, CREATING A NEW 35-CAR PARKING POCKET, ADDING A NEW 6,000 SQUARE-FOOT RETAIL BUILDING ALONGSIDE U.S. HIGHWAY ONE, AND REDUCING THE OVERALL SQUARE FOOTAGE OF THE SHOPPING CENTER, LOCATED AT THE NORTHEAST CORNER OF PGA BOULEVARD AND HIGHWAY U.S. ONE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR WAIVERS; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD-02-03) from Doron Valero and Equity One Realty & Management, Inc., for approval of an amendment to a previously- approved Planned Unit Development (PUD) (Ordinance 47, 1999), known as Oakbrook Square Shopping Center, to allow the renovation of the site by demolishing an existing 10,008 square-foot retail building, creating a new 35-car parking pocket, adding a new 6,000 square-foot retail building alongside U.S. Highway One, and reducing by 4,008 square feet the overall square footage of the shopping center, located at the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Deparhnent has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Planned Unit Development (PUD) Overlay has an underlying zoning of CG-1- General Commercial and a land use designation of Commercial (C); and Date Prepared: September 23, 2002 WHEREAS, on August 27, 2002, the City's Planning and Zoning Commission reviewed said application and recommended its approval, including requested waivers, subject to conditions of approval; and WHEREAS, the City Council has determined the adoption of this Ordinance to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. SECTION 2: The City Council hereby approves the application of Doron Valero and Equity One Realty & Management, Inc., for an amendment to Oakbrook Square Shopping Center Planned Unit Development, located at the northeast corner of PGA Boulevard and Highway U.S. One. SECTION 3: Said amendment to the Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to issuance of Certificate of Occupancy, the applicant shall pay one percent (1 %) of the proj ect's cumulative construction cost towards Art in Public Places on site or escrow funds to be used for proposed art for the site. (Art Advisory Committee Liaison) 2. No drive-through facilities shall be allowed at the new out parcel building except as an accessory use to a bank or other financial establishment. (Development Compliance Officer) 3. Root barriers shall be installed where Oak trees are planted along the west property line at U.S. Highway One. (City Forester) 4. Within six months of demolition permit issuance, the south median in U.S. Highway One opposite the shopping center shall be landscaped, irrigated, and maintained by the property owner in a manner consistent with the median immediately to the north, to the satisfaction of the City Forester. (City Forester) Prior to the issuance of the first Certificate of Occupancy, all existing buildings shall be painted to match the approved colors for the new retail building, and all awnings shall be solid burgundy color in accordance with the approved building color scheme. (Development Compliance) 6. If requested by the Growth Management Administrator and/or State and County agencies, the property owner shall, within 30 days from the date of notice, verify that drainage from the site is not adversely impacting the U.S. Highway One drainage system. (City Engineer) 2 Date Prepared: September 23, 2002 7. Prior to issuance of first Certificate of Occupancy, the applicant shall submit a separate application for a tenant master signage program for proposed and existing buildings, which shall require approval by City Council. (Planning and Zoning) 8. Required digital files of approved plat and approved civil engineering and architectural drawings shall be submitted to the Planning and Zoning Division prior to issuance of the first Building Permit. (GIS Manager and Development Compliance) 9. Prior to issuance of the first Certificate of Occupancy, roof-top screening compatible with the existing and proposed architecture and color scheme shall be required on the new out parcel building and the remaining retail building on the west side of the courtyard. The screening shall be sized to the same height as the mechanical equipment on the roof. (Development Compliance) 10. All new roof tiles, including the retail outparcel, shall either match or be compatible with that of the existing roof tile at Publix or Jacobson's, as determined by Growth Management staff. (Development Compliance) 11. Prior to issuance of the first Certificate of Occupancy, the brick paver pedestrian path, located at the north of the new retail center, shall be continued from the U.S. Highway one sidewalk to the south end of the existing west retail building. (Development Compliance) 12. An architectural tower element similar in style and scale to those located on each corner of the new retail building shall be added to the southwest corner of the existing retail center facing the new parking pocket. (Planning and Zoning, Development Compliance) 13. Any outstanding engineering comments and requirements contained in LBFH letter dated September 12, 2002, shall be satisfied prior to issuance of the first building permit. (City Engineer) SECTION 4: The following waiver is hereby granted with this approval: A waiver from Section 78-344(1)(1.)(a), Parking Stall and Bay Dimensions of the Land Development Regulations, which requires parking stalls to be 10' x 18.5', to allow for 321 parking stalls to be 9.5' x 18.5'. SECTION 5: The City Council hereby amends Ordinance 47, 1999, Section 3.F., to increase the width of the previously approved west buffer alongside U.S. Highway One from five feet to 12 feet wide for a distance of 237 linear feet, and to allow 1,214.50 feet to remain at a five-foot width, pursuant to Section 78-319(a)(1), Minimum Landscape Buffer, which requires a 15-foot buffer. All other provisions of Ordinance 47, 1999, shall remain in full force and effect to the extent not modified herein. Date Prepared: September 23, 2002 SECTION 6: Renovation of the Oakbrook Square Shopping Center planned unit development shall be in compliance with the following plans on file with the City's Growth Management Department: 1. Cover Sheet CVS, Demolition Site Plan D-SP, Proposed Site Plan SP-1, Blown-Up Site Plan SP-2, Site Parking Details SP-3, Lighting Site Plan & Photometrics SP-E, Proposed Floor Plan A-1, Proposed Roof Plan A-2, Proposed Exterior Elevations A-3, Existing Retail Building West Elevation and Proposed West and South Elevations A-1, Existing Courtyard/Retail Building Elevations A-2 dated September 19, 2002, by William Hamilton Arthur Architect, Inc. 2. Landscape Plans LA-land LA-2 dated September 18, 2002, by Dixie Landscape. 3. Overall Shopping Center Paving, Drainage and Grading and Demolition Plans C 1-CS dated August 2, 2002, by Creech Engineers, Inc. 4. Land Title Survey for Equity One, Inc., Sheets 1 and 2, dated January 31, 2002, by Wallace Surveying Corporation. 3. Color and materials board dated September 19, 2002, by William Hamilton Arthur Architect, Inc. SECTION 7: If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 8: This approval expressly incorporates and is contingent upon representations made by the applicant's agents at all workshops and public hearings pertaining to this project. SECTION 9: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 10: This ordinance shall become effective upon the day of adoption. PASSED, FIRST READING this day of , 2002. PASSED, SECOND READING this day of , 2002. PASSED, ADOPTED AND APPROVED this day of 4 2002. SIGNED: MAYOR JABLIN VICE MAYOR SABATELLO ATTEST: PATRICIA SNIDER, CITY CLERK VOTE: MAYOR JABLIN VICE MAYOR SABATELLO COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO G/jholloman/oakbrook sq/PUD-02-03 Ord 37 l�` rdg.doc Date Prepared: September 23, 2002 COUNCILMEMBER CLARK COUNCILMEMBER RUSSO COUNCILMEMBER DELGADO I HEREBY CERTIFY that I have approved this ORDINANCE as to form. LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT �IIIBIT A DRA►NAGE PARCEt f A porcel of lond ly;ny in tha Northwest quorter of Section 4, Township 42 South, Ronge 43 East, Pnlm Beoch County, Floridv, being more porticufo�ly described os follows: From the intersec#ion of the Eosterly right—of—woy �ne of U.S. Highway No. 1(Stote Rood No. 5) with the South line of the Northwest quarter of said Section 4, run North t 2 degrees. 00 minutes. 47 ssconds East olony soid Eastsrly right—of—woy line, a d;stonce of 1,550.00 feet; thence Norfh 89 deqroes. 57 minutes. 20 second� East o distance of 582.89 feat to the PO►NT OF BEG/NNtNG; thence North 44 degrees, 35 minutes. 16 seco�ds East a distance of 26.39 feet; thence North 89 deg�ees. 57 rninutes, 20 seconds fast a distance of 73.65 feet; thence South 00 degrees. 02 minutes, 40 seconds East o distance of )2.40 feet; thence South 89 deg�ees, 57 minutes, 20 seconds West o d'istonca of 68.63 feet; thance South 44 degrees, 35 minutes, 16 seconds West a distonce of 9.53 feet; � the�ca South 89 degrees. 57 minutes. 20 saconds West a disionce of ?6.86 feet io the POtNT QF BEGINNING; tess any portion of sc�id pa�et which may lie East of the Weste�n boundory line of Mdden Key North, according to the plat thereof, recorded in Piot Book 28, Poge 129. of the Pu6lic Records of Polm Beach County, Florido. t7RA1NAGE PARCEL 2 The West hatf of the South 783.56 feei of the foltowing right—of—woy: A strip of lond forty—eight (48) feet in width tying twenty four (24) feet on eoch side of the followin9 described centerrne: Begin ot the Northeast corner of Lot 13, Nidden Key� according to the Piat thereof, os recorded in Plot Book 27, Page 243: thence run Northerly, olong the Westem boundory line of Kidden Key Horth, occording to the Plot fhereof recorded in Plot Book 28, Poge )29, of the Public Records �f Polm Beach County, Florido, o distance oi 1, T21.13 feet, moro or lesa, to the Northwest corner of Lot 18 of Hidden Key North; thence along the Northern boundory line af Hiddan �ey North to the Northeast comer of Lot 17 ond the waters of Li'rtie Loke Worth vnd the end of said center line. December 1,1999 November 18,1999 ORDINANCE 47, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARllENS, FLORIDA, PROVIDING FOR APPROVAL OF THE APPLICATION OF OAKBROOK SQUARE SHOPPING CENTER CORPORATIO FOR REZONING OF A 20.35-ACRE SITE FROM CGl, GENERAL COMI��ERCIAL, TO PUD, PLANNED iTNIT DEVELOPMENT, AND APPROVAL OF THE RENOVATION AND 10,987 SQUARE- FOOT EXPANSION OF A PUBLIX GROCERY STORE AT THE OAKBROOK SQUARE SHOPPING CENTER; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from the Oakbrook Square Shopping Center Corporation for rezoning of 20.35 acres of land located at the northeast corner of PGA Boulevard and U.S. Highway One, as more particularly described in Exhibit "A" attached hereto, to PUD, Planned Unit Development; and WHEREAS, this project received original Site Plan approval on December 7, 1973, by the Site Plan Review Committee under existing CG-1 zoning; and WHEREAS, the 20.35 acres of land involved are presently zoned as CG-1, General Commercial, with a land use designation of Commercial; and WHEREAS, the City's Growth Management Department has recommended apprav�l of the renovation and 10,987 squaze-foot expansion of a Publix Grocery Store at the Oakbrook Square Shopping Center and rezoning of the entire site from CG-1 to PUD; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and VV�-i�REAS, the City's Planning and Zoning Commission has recommended approval of this petition subject to several conditions. NOW, THEREFORE, BE IT ORDAINED, BY THE CTTY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the application bf Oakbrook Square Shopping Center Cor.poration for rezoning of 20.35 Ordinance 47, 1999 Publix at Oakbrook Square acres located on the northeast corner of PGA Boulevard and Highway U.S. One, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; from CG-1 General Commercial to Planned Unit Development, and for the approval of the renovation and 10,987-square foot expansion of a Publix grocery store at the Oakbrook Square shopping center. SECTION 2. Said Planned Unit Development is approved subject to the following conditions which shall be the responsibility of the applicant, its successors and/or assigns: All approved landscaping shall be installed prior to final building inspection approval. 2. The petitioner shall install additional landscaping in the U.S. 1 median, subject to the approval of the City Forester. 3. The applicant, or its successors andlor assigns shall maintain all landscape improvements located in the right-of-way adjacent to the property along PGA Boulevard and U.S. Highway One, per the approved landscape plans. 4. Americans With Disabilities Act (ADA) and Florida Accessibility Code for Building Construction of 1997 access shall be provided along the PGA Boulevazd entrance driveway as shown on the site plan, prior to final building inspection. SECTION 3. The following waivers are hereby granted with this approval: A. Waiver &om LDR Section 118-206(� Building Height Limit. "No structure shall exceed 36 feet in height", to allow a building height of 39' 10" at Publix's peak. B. Waiver from LDR Section 118-539 Number of Bicycle Parking Spaces Required. "A shopping center shall provide bicycle parking spaces equal to 5°/a of its required vehicular pazldng", to allow the 30 existing spaces to remain instead of increasing the number of spaces to 59. C. Waiver from Section 110-37(c) Flatfwall signs, which states, in part, the letter height of a second sign on another elevation shall not exceed 24", to allow the letter height of the second sign (facing PGA Boulevazd) to be 36" in height instead of 24". D. Waiver from Section 98-68(a) Parking areas, of the Landscape and Vegetation Protection Code, which sta.tes that every parking space shall be within 40 feet of a tree, to allow the existing 34 spaces which are more than 40 feet from a tree to remain as they are and not be required to plant additional trees. 2 Ordinance 47,1999 Publix at Oakbrook Square E. Waiver &om Section 98-72(c) Planting, which states that 90 percent of the landscape materials in areas that aze designated to be in the Coastal Zone will be native species, to allow the existing non-native vegetation to remain. F. Waiver &om Section 98-72(a) Planting, which states a landscaped buffer shall be a minimum of eight feet in depth around the perimeter of a parcel; provided, however, that a landscaped buffer of 15 feet in depth shall be required on lands located adjacent to public street right-of-way, to allow the existing 5' buffers on the north, south, and west sides, and the 10' existinQ buf�er on the east to remain. .�—. — G. Waiver from Section 98-71(a) Prohibited plants; removal of invasive nonnative plants, which states, in part, that carrotwood (cupaniopsis anacazdioides) trees shall be removed from all open space in their entirety from the entire site, to allow the existing carrotwood trees on the east properiy line to remain. SECTION 4. The renovation and expansion to the Publix grocery store within the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: ✓ l. � 2. ✓3. ,/4. `�5. ✓6 • /7. �. ✓9 ,/ 10 November 23 , 1999 Oakbrook Squaze Site Plan, Urban Design Studio, 1 sheet. November 23, 1999 Publix Expansion Site Plan SP-1, 1 sheet. November 23, 1999 Existing and Proposed Landscaping Plan, Urban Design Studio, Sheet LS-1. August 31, 1999 Landscape Detail Sheet, Urban Design Studio, Sheet I.S-2. February 15, 1999 U.S. Hwy #1 Entry Demo/Preservation Plan, UDS Sheet E-2. October 21, 1999 U.S. Hwy #1 Entry Landscape/Lighting Plan, UDS Sheet E-3. February 15, 1999 U.S. Hwy #1 Entry Plant Detail Sheet, UDS Sheet E-4. February 15, 1999 U.S. Hwy #1 Entry Grading and Elec. Box, UDS Sheet E-5. November 24, 1999 U.S. Hwy #1 Median Landscape Plan, UDS, 1 sheet. October 22, 1999 Roof Plan, CentreCorp, 1 sheet. 3 Ordinance 47,1999 Publix at Oakbrook Square ,�11. 12. 13. 14. October 22, 1999 Elevations Plan, S.Coler Lee & Associates, 1 sheet. October 25, 1999 Architectural Details, Urban Design Studio, Sheet A-1. October 03, 1999 Proposed Fagade Character, Urban Design Studio Sheet A-2. September l, 1999 Architectural FloodLyte Vertical Flood Cut Sheet, WA3-VF, WB3-VF with shroud, 2 sheets. SECTION 4. This Ordinance shall be ef�'ective upon adoption. PLACED ON FIRST READING THIS 18th DAY OF NOVEMBER , 1999. PLACED ON SECOND READING THIS 16th DAY OF DECEMBER 1999. PASSED AND ADOPTED THIS �� DAY OF , 1999 SIGNED: 70S�PH R. RUSSO VICE MAYOR LAUREN FURTADO C�ZiIi�7 SABATELLO ATTEST: LINDA V. SIER, CMC, CITY CLERK BY• -- /' �%�� COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SLIFFICIENCY: CITY ATTORNEY 4 Ordinance 47,1999 Publix at Oakbrook Square VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN COUNCILMAN CLARK AYE NAY ABSENT � � � � �— 5 Revised OS-13-02 7-23-02 wi��iarro Jackie Holloman hamil�on City of Palm Beach Gardens arthur 10500 N. Military Trail arChitect palm Beach Gardens, Florida 33410 ir�c. RE: Oakbrook Square Pud Amendment (revised) Dear Jackie: We sent you a letter dated 7-02-02 in response to the Planning and Zoning Commissioners comments from the May 28, 2002 meeting. As you are aware, things have changed since then and we are resubmittin� our application as follows: s�o ao�y�a� entr�r�ce suite 303 coral gahi�s fl�rida 3313 � 305 4�33-3100 fax 305 4�i-7960 • We are proposing to maintain the existing 17,394.00 s.f. courtyard edge retail building (to the south of the anchor tenant) vs. demolishing it. We are adding some new storefront to the west elevation and will be modifying the south elevation accordingly. In addition, we are proposing (16) new head-in spaces along the west elevation. • The 10,009.00 s.f. courtyard edge retail building will be demolished as per our original submittal and a new (35) car parking pocket will be created. • The courtyard will be maintained as it exists today with the exception of some additional landscape enhancements. • The Duffy's north elevation will remain with the exception of the removal of the large awning. It will not be necessary to add any foundation landscaping; there are six nicely landscaped planters up against the building. We are adding a 3.00' wall continuous with the outdoor cafe area. • The Anchor tenant building will remain unchanged as a part of this application. • The proposed streets edge "Out Parcel" building has been reduced from 12,000.00 s.f to 6000.00 s.f. This is an "architectural" building that will include (1) drive thru lane with the required by-pass lane, tenants has not been determined. • Site Plan: as per the plans, we have indicated new code compliant landscape islands for every nine cars with the exception of the Publix parking field and shopping center rear. Publix has language in their lease that would prevent us from modifying this area. The rear of the center is out of the publics view and the additional landscape would not have a sufficient impact on the ove project other than its budget. All parking spaces with the exceptio �< handful at the existing First Union building are code compliant r tabl��2 of the LDR. A �.�6� �� Q� auc 14 2ooz �1��9itPE� � �•. � �U"I�i�'.'':a Despite all the changes, we feel this revised application is a substantial improvement over our previous submittal. Reduced overall square footage increased landscaping, elimination of visual barriers and a refreshing of the existing Anchor building is a major improvement over what exists their today. If you have any comments or need any additional information, please let me know as soon as possible, as you are aware, this project is in a state of progess. Jul �8 02 04:48p Bru R. Rrthur � william hamilton arthur architect inc. 800 douglas entrance suite 303 coral gables florida 33134 305 443-3100 fax 305 �41-7964 3054 '960 L : 7-02-02 Jackie Holloman City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 RE: Oakbrook Square Pud Amendment Dear Jackie: Please let this letter serve as our wrttten response to the Planning and Zoning Commissioners comments at the May 28, 2002 meeting. We hereby submit the following: • More landscaping is needed along U.S. #1 and the foundations of buildings: As indicated on the revised I.,andscape Plan, we added additional landscaping along US # 1 and at the fouTrdation of the building. • Parking between new retail building and US # 1 was questioned. This allows for adequate m�vement and circulation in front of the main entry to the new retail shops. Not .Ihe idea! parfcing scenario, however, with the one way traffic and brick paved su�face, it has an aesthe[ie quality and is architecturally compatible �vith a Main Street format. In our new presentation, we have pictures of a similar application as designed by the same town planners that pr�pared the Seven Cities: Northern Palm Beach County US 1 CnrridorStudy. With the Building closer to the Streets edge, it allows for a larger parking field and visual separation between the new and existing buildings. • Additional signage hanging in front of each bay is not allowed. The �rew submittal indicates ihe removal of the t�nder canopy sigrr,s. • Peaks / Gables over some t�nant bays in the proposed retail center needed to be bulked up/reinforced. See revisecl elevations. • Courtyard is a very pleasin� space as it now exists. Yes it is, we are maintainirr'g all the landscaprng, cmd there are not scheduled ehanges in this area. • Proposed retail building should be moved to the east closer to the main center and north in order to center it in front of the main shopping center. p.2 � � � � � � Jul 08 02 04:48p Hru R. Arthur 3054 7960 P,3 Oakbrook Continued ... ... ... ... ... ... 2 We recognize while on plan, the new retai/ building centered on the rear briildings should be symmelrical, but in reality when looking at the buildings as you move in your vehicle, the visual concept of the buildings would move too and the symmetries would become academic. 77ae prrmary parkrng area for the Anchor tenant would be reduced compromising parking access to their facility. And by moving the building to the east thi.c will eliminate the circulatron and parking in front of the buildirrg and compromise its success.. • Proposed Retail Building could have token entrances in the rear, but have parking in front. There is no change in our design to eliminate the rear access to each space or to eliminate the front parkirrg. The best exposure for the building is to place it as close to the streets edge tivhile maintairring main access at the front. • Driveway in front of proposed retail building shoutd be two way. This would reduce parking cpaces, reduce the "11�lain Stree� " feel, a�rd create a greater visual obstruction. to 1he existing retail building. • A parapet wall or screening. should be constructed on top of the proposed retail building to ensure screening of the rooftop equipment. Roof top zrnils are adecjuately screened; there is a min. of a 4'-6 " change of elevation between the roof �eck and lop of parapets and or pitched roofs. • Architecture of the proposed retail building could be improved by i'eaturing four sided architecture with perhaps a 30-degree pitched roof and a mix of asymmetrical massing with. vertical variation. See revised design. • The south tower of the proposed reta.il center should be balanced with the north end of the building. See revi,ced desrgn. • The proposed retail center should be a"jewel" in front of the center. Absolutely! • Colors and architecture shciuld be matched to the existing center, with the Roly's bein� the preferred architecture. Colors have been selected to match the exis�ing cereter,- the proposed retai! building has been redesigrred to promote relationship to all ihe exis[ing bui[dings. Jul 08 02 04:48p Bru R. Rrthur 3054 '960 p.4 Oakbrvok Continued ... ... ... ... ... ....3 • Peaks on the proposed retail center appear isolated ("lonely") See revised design. Consideration should be given as to how the parking area relates to the courtyard area. Our design ca!!s for a co»tirtuaua• pedesirian passage from the public sidewalk, through the parkirtg nrea lo the existing courtyard. This con�tection provides safe mobility and ada accessibility. Its desigrr has shade trees, heautiful paving, pedestrian'scpled lighting, benches, and flowering gro�md cover to articulate Jhe existing courtyurd. • The large "signature" archway at the main entry should be preserved, if possible, since it was probatily very expensive to construct. The large archway is a very. expensive mortument to a previous property owner. Its bulk, massing, proportions cmd visual dimensrons are nut scale and character with the exi.c[ing r�etai! shops. It is not compatrble with the existing Architecture; it does not enhance or pronrote our concep[ of the City 13eautiful desigrr. It has no historical sign�cance and is not by any architec[ural measure a landrnurk. "It is a white Elephant ", it.s identity does nolhing to help merchandize the shopping center at all. It shrruld be removed in an effort to emphasize and encourage an open-air MeaTilerranean shopping cmd dining experience wi�h sidewalk cafes and garden courts. By remaining, it would block visual access and reduce parkrng. • There should be some transition and connectivity between the two separate centers to open up the market and encourage pedestrian movemcnt between both areas. We agree, that 's exactly wlrat we have indicated with the continuous pedestrian passage. It is strategically located within the center of the site running from US # 1 to the existing eourtyard. Ita• materials cn�d Icmdseape are in kee�ing wrth the existing courtyard design. I�s wide path i.c ideal for lhe occasional arls and crafts .show. Its desi�n and location promotes relationship of building to site. The south end of the propased retail center, which is intended for a bank., could become a freestandit�g out parcel. The bank is not a schedule� tenant. Splitting the buildings and creati��g separate structures would require moving one of structures into the Anchor tenant parking field. Jul 08 02 04:48p Brur R. Rrthur 3054� 7960 p.5 Onkbrook Continued ... ... ... ... .....4 Poor exposure, competition in deveToping areas a�rd changes in the indus�ry has mcrde it almost impossible for Oakbrook's /ocal terrants to survive. Our vision is to work tn consolidate and strengthen the local retail environment. The only real cure is to remove visual obstructions and built upon marker strengths, larget specifrc niches and an optimum mix of shops. We ull wmrt the best possible solutipn for Onkbrook and its tenants, and we can all agree the shopping center does not ;do well as it is designed today. We need to make changes and we n�ed to act now. This is not a start from scratch pro�ect, we have existing �ena�:ts, budgels, leasing criteria, ancl lime schedules that ar� the driving desrgn force.c. We can all solution se!! our design ideals hut, we need to be praciical and capable of being able to put to use a plan that works within the owners program. As you are aware, the mini-mall concept does not work unless there are anchor and national tenants that justify the reduction of visuul access to the locals. By removing the courtyard edge retail buildings, we've eliminated the Mimi Mall concept and have provided the rear local tenants with visibility. If you have any additional commer�ts, please forward accordingly and we'll address them as soon as possible. Thank you for all your help and support, and we look forward to meeting with the commission again on July 23, Z00`?. iNC. CONSULTING QVIL ENGINEERS, SURVEYORS &MAI'PERS QVIL AGRICULTURAL WATER RESOURC�S WATER & WASTEWATER TRANSPORTATION SURVEY & MAI'PING GIS "Partners For Resulu Value ByDesign" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286-3883 Fa1c (561) 286-3925 www.lbfh.com TO: FROM: DATE: FILE NO. SUBJECT: MEMORAND UM Jackie Holloman Sean C. Donahue, P.E. September 12, 2002 02-4247 Oakbrook Square - PUD Amendment We have reviewed the following plans and information received on August 5, 2002: • Revised Site Plans and Details prepared by William Hamilton Arthur Architect, Inc. • Architectural Plans prepared by William Hamilton Arthur Architect, Inc. • Lighting Site Plan and Photometrics prepared by Octavio J. Oliu, P.E. • Landscape Plans prepared by Dixie Landscaping. • Overall Shopping Center Paving, Drainage and Grading and Demolition Plans prepared by Creech Engineers, Inc. Received August September 4, 2002: • Revised Site Plans and Details prepared by William Hamilton Arthur Architect, Inc. • Architectural Plans prepared by William Hamilton Arthur Architect, Inc. • Lighting Site Plan and Photometrics prepared by Octavio J. Oliu, P.E. • Landscape Plans prepared by Dixie Landscaping. We have the following comments: • Please note that the Florida Department of Transportation (FDOT) is currently investigating the drainage of the US 1 right-of-way adjacent to this project. Specifically, the FDOT is concerned that the projects adjacent to the right-of- way are adversely impacting the US 1 drainage system by not containing their runoff on their project. The applicant should be prepared to respond to the FDOT should this issue be formally raised regarding this project. • Comments #1 through #S - Previously Satisfied. 6. Not Satisfied. The applicant is proposing parking spaces that are 9.5 feet wide and 10 feet wide (a detail for the 9.5 feet wide spaces has also been provided). The applicant will need to request a waiver from LDR Section 78-344(1)(1)(a), which requires all parking spaces to be a minimum 10' x 18.5'. Please note that we will remain in support of the City's LDR requirements. 7. Previously Satisfied. �� Oakbrook Square - PUD Amendment Page 2 of 3 LBFH File No. 02-4247 L �N�. 8. Satisfied. The applicant provided a loading zone and maneuvering area for the proposed 6,000 SF retail building. • Comments #9 through #16 - Previously Satisfied. 17. Not Satisfied. The applicant submitted a signed and sealed Photometric Plan meeting the LDR Section 78-182 requirements. However, no photometric data is shown for the 90-degree parking lot to the north of the new out parcel building (the new lightpole is shown). 18. Satisfied. The Site Plan provides minimum 20-foot curb radii within the parking lot to accommodate Fire Department emergency vehicles. 19. Not Satisfied. The sidewalk located at the southeast corner of the new out parcel needs to have a minimum 5-foot width, per LDR Section 78-506. 20. Satisfied. The applicant provided wheelstops for all proposed parking spaces. 21. Satisfied. The stop sign/bar at the entrance to the drive-thru/by-pass have been removed. 22. Satisfied. The Type "D" Curb Detail specifies the FDOT approved 18-inch depth. 23. Not Satisfied. The applicant provided a typical cross-section of the paver brick areas specifying LDR Section 78-499. However, the cross-section shown does not meet the minimum structural number value of 1.5, as is required by the referenced section (6" base — SN = 1.08, 8" base — SN = 1.44, there is no credit towards the subgrade until a minimum FBV value of 50 psi is provided). • Please note that the Construction Plans have been reviewed on a preliminary basis only. A thorough review of these plans will be conducted during the Construction Plan review phase. Also, please remove the Construction Plans from the Development Order exhibit list of submittals. 24. The Paving Section shown on the Site Plans and the Asphalt Paving Detail shown on the Preliminary Construction Plan are not consistent with one another. 25. The modifications north and west of the "Anchor TenanY' building shown on the Site Plan are not shown on the Preliminary Construction Plans. In addition, the Demolition Plans are not consistent. 26. The applicant needs to provide a narrative response identifying if an existing control structure will be sufficient for the exfiltration trench design, or if modifications to the existing control structure or a new control structure is proposed. , ~ �1�� Oakbrook Square - PUD Amendment Page 3 of 3 Y LBFH File No. 02-4247 WC. 27. The revised Site Plan received September 4, 2002 shows landscaping islands added to the north side of the new out-parcel building which alter overall parking stall length and width. The applicant needs to revise the spaces in accordance with LDR Section 78-344. Also, the applicant needs to specify the type of landscaping included in these islands. The applicant is requested to return a copy of our comments with the applicant's acknowledgement of each comment and the response. Compliance will expedite the subsequent review. SCD/ms cc: Talal Benothman P:�PBGM EMO\4247\4247f.doc �.�, - •.. � �=..�1,, � �� I� � x�l��, ��; ,�. :, �-��! �' ._.J(n CITY OF PALM BEACH GARDENS MEMORENDUM TO: Jackie Holloman, Planner DATE: September 4, 2002 APPROVED BY: Mark Hendrickson, City Forester�7'l{��' FROM: Bonnie Peacock, Forestry Technician 1„P SUBJECT: PUD-02-03, Oakbrook Square PUD Amendment — Revised Plans I have reviewed the above petition and have no additional comments at this time. 1� EXECUTIVE OFFICE: July 29, 2002 S�Q�OQJ� V�III Authori MailingAddress � � P.O. Box 109602 Palm Beach Gardens, Florida 33410•9602 Ms. Jackie Holloman Planning & Zoning Division City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Oakbrook Square PUD Amendment Dear Ms. Holloman: �--- �d : �r c� � �%tGc�uv� 7- � / � -3-� _7—: ff . VIA FAX 799-4281 We offer the following comments on your transmittal dated July 24, 2002 concerning the referenced proj ect.. 1. The applicant needs to depict the existing 10" water main along the west property line on the landscape plans and provide appropriate setback language on the plans 2. The applicant needs to upgrade the backflow prevention devices on the anchor tenant store's freline and potable water service line. Please call if you require additional information. Sincerely, S AST UTILITY AUTH TY � � Bruce regg Director of Operarions ad cc; R. Bishop S. Donahue J. Lance S. Serra , „. __ ___.... ,,; ,. ;, , � , � ,, ;;•_ � �� 4200 Hood Road, Palm Beach Gardens, Florida 33410-2198 '�-1- Phone: Customer Service (561) 627-2920 / Executive Office (561) 627-2900 / Fax (561) 624-2839 � KimleyHorn _ .. and Associates, Ir�. Ma�h 28, 2002 Revised M�y 1, 2002 Revised July 22, 2002 Revised August 1, 2W2 Revised August 13, 2002 Mr. Hank Schnitzer Equity Oue Reulty & Manageracnt, Inc. 11G82-A U.S. �Iighway 1 Palm Beach Gardcns, Florida 33408 Re: Oakbrook Sliopping Center PGA Doulevarci at tI.S. 1 Palm Beach Gturlens. Flarida 040�i/ lOW Dear Mr. Schni[zer: As requesced we have �nepa�•ed this letter to address any traf�ZC changes associated with pmposed modi�carion» of buildings on the site referenced above. As you have outlined, the existing site has 234,028 square feet o1'building area and 1,126 parking spaces. After the reconfiguration of the site is complete, there will be 230,020 square feet of building area and 1,080 parking spaces. T'hus the propc�ed site plan will contain less buildin� squan� Foatage than thc present site plan. The traffic generatic�a of a sho�ping center is a function of building squai�e foc�tage. Since the building squ�re foota�e will be rectuced, the trip generation potential of the site will bc reduced. Thcro1'o��e, tha existing site will genei�ate more trips than the proposod site and chere are no traffic eemcurrency issues triggered by the modification. If there are any questions, please do not hesitate to call. Very truly yours, KINiLF.Y-HO SSOCI , INC. � Jo B. Pollock, Jr., P.�.. 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'�. � !�� __�, , ,�\` � , �. �— ,. ��' !�-' I I (�'— i �, ;� J, � �� . i �� i�! � ' %ii r'� ��/ � !/�j �i; � Seven Cities: Northern Palm Beach County US 1 Corridor Study Jupiter Juno Beach North Palm Beach Riviera $each Lake Park Palm Beach Gardens Tequesta DOVER, KOHL & PARTNERS TREASURE COAST REGIONAL PLANNING COUNCIL Given its geographic position and history, the US Highway One corridor through the seven cities of northern Palm Beach County should be one of the most interesting places in Florida. The experience of living and working and shopping along the comdor— or just passing through— should be one of the delights of our region. Around it, a diverse, sustainable economy and an enchanring community life should be biooming and regeneraring, year after year. But where the best should be, the US 1 corridor is now the kind of road that most investors and residents prefer to avoid. A unique location on the continent is being treated as if it were Anywhere, USA— a place where real estate values and commerce have been traded down for rush hour traffic capacity. Five decades of single-minded road widening and bland development have taken their toll. In response, much of what is being built today tums its back on Highway One, as if the communities have just given up on it. What will be done to make this corridor work for people, instead ofjustfor cars? Because of the exposure and access US 1 offers businesses, the properties that front this corridor should be some of the most valuable real estate in the region. Yet many of the developments are aging and are approaching obsolescence. What will replace them? Who Cares About US 1? The road remains inconvenient because of the lack of connections with surrounding communities. It is jammed at some times and empty at others as a result of zoning practices that have separated land uses into auto- dependent pods. Worse still, its design makes Highway One the kind of road that scares away pedestrians, cyclists, and transit users alike. Choose Your Future During the process of creating this report, many local participants expressed the need for immediate action. They want to raise their communities' ambition for US 1 to a higher level. This Master Plan is the tool for an historic turnaround, if the Seven Cities work together as a united group. Great visions of what could be done have been drawn up. Coherent ideas for replacing the current chaos have emerged from seven communities working together on this project. These are attainable visions, not just pretty pictures. The physical place that could grow during the next generation would be a national model of inspiration, practicality, and wondez Leave A Worthy Legacy This is an interesting time in the history of this region, perhaps even comparable in some ways to the 1920s when Florida was being rapidly settled. To lure people to the unsettled territory, developers went out of their way to create beauty and a sense of history. In the process, talented designers left marvelous gifts to future generations in Addison Mizner's Boca Raton, George Memck's Coral Gables, John Nolen's new towns, and the work of Olmsted's firm in Lake Park. Now, at the tum of the millennium, Florida communities are resuming work on this legacy. It is time for US 1 to mature past the "anything goes" mentality, which has evidently gripped the corridor for so long. Imagine what your grandchildren might see in this place. Revitalizing US 1 is central to the future of the regional economy and to the quality of life in all seven of these cities. You're all in this together. And despite the web of inertia and past error, there is still hope. Using the images and designs in this booklet, seize the vision for making the Seven Cities Corridor one of the most memorable places in America. Join forces to tcansform the corridor's physical image and perfonnance by doing something each year. Start small if you must, but start now. Who should care about US I? Everyone should! 5evcn Citics: Ni�rthcrn Pulm 8��.�ch Cuunn US I C��n i�or Scu�l� I.i?, w� � � � � Commer�ts from the Charrette Workgroups Regarding the street Bury Ihe utility lines. Increase landscaping in the US t's median. Regarding the fron8ng buildings: At PGA Boulevard and US 1, create a sense of artival to a new Main Street area. As buildings are redeveloped or newly consVucted, position fhe new buildings at tl�e straeYs edge. Regarding adjaining properties: Oakbrook Mall and the other adjoining properties can redevelop over time irrto a mixed-use dowMown with shops, offices and aparfments. Create more public squares and green areas as part of the new downtown. Seven Cides: Northem Pa1m &ach Counry US 1 CoRidor Smdy Palm Beach Gardens The Intersection of "Main & Main" Of the seven cities, Palm Beach Gardens has the least amount of real estate fronting US l. Nonetheless it is an area that has tremendous potential given its geographic position and given the importance of PGA Boulevard to the larger traffic picture. The key to unlocking this potential will be creating a lasting identity. This can be accomplished by focusing strategic redevelopment at the intersection of PGA Boulevard and US 1, forcning a brief "node" of urbane form and of architectural distinction. Today, as one travels from North Palm Beach on the way to Juno Beach, for example, you might not laiow that you've even passed through Palm Beach Gazdens. This is hard to overcome with mere signs, but can be easily rectified by t�ansforming the image and feel of the corridor itself. Wholesale redevelopment is one way to carry this out. Another is to convert existing strip centers into a Main Street format via a more incremental approach, by filling in the azea closer to the road with buildings and reazranging the parking scheme in phases. For example, Oak Bmok Mall on the northeast corner of PGA Boulevazd & US 1 could be reshaped, with much of the azea currently used by pazldng lots replaced by buildings, greens and paseos. (This obviously suggests a move to structured parking, which may or may not currently be justifiable under current property values and market conditions, but will almost certainly be justifiable eventually.) We understand that Palm Beach Gardens has underhaken a targeted citywide effort to create parkways along major corridors like PGA Boulevard, employing wide setbacks; at its best ttus could help create a landscaped scene reminiscent of the City Beautiful movement. That general approach is correct and should be applauded. However, note that this "main / main" intersection at PGA and US 1 is the appropriate sort of place to vary from that parkway standard, in order to bring buildings, pazking and sidewalks into the right urban design grammar. This is the very kind of place to which great parkways aze meant to lead, following the City Beautiful tradition; this can be an exception that makes the rule meaningful. This crossroad can be the jewel of Palm Beach Gardens, and may even show a good way to fix up parts of the larger city out west. The intersecrion of Main & Main will showcase how humanizing commercial environments can be good for business. 9.02 � A4¢nerPark in Boca Raton, Flonda is a success story. What once was a aeaa suip ma�� a� �� Vans{armed iMO a vital mixed use retail street. Parking is solved by providing on-sVeet parking for retail aswell as parking sWduresbehind the building. Palm B��ch Gar�en< Close Up Plan of PGA Boulevard � US 1 Wide medians provide refuge Parking behind buildings prevencs for pedescrians crossing US 1 the loss of the screet s spatial definition i� ;�-- --- � �` � - ' l --- `' .::i I � �'�7 ..�.., � - � ��Q� �Q �_�r - L� .� _�J L,, - � � � li - , �-ti��` '`}� � -•a,. f� ` �' L . -...' �f t 4 �-_:- ' �' ii -- � G �'` � �iQr � �:�, - i `'�.�.-�^.�- ��'- ---�'� _ -- . _ ' ��,;;:. �� 1 i . _ � _ _ „ =�_y' : � � �� :-- � � - , �; � ��_ � � �a�� _-;�� ;Q ��_ � �._ � �� a � �� :� � i Civic plazas in Eron� of mall � NORTH p 300' 600' 1200' Buildings should be broughttothe properry line �o creace spatial definicion IIeLIDU� cnmu.+5 mall and parking lot in�o a shopping district Existing Photos of the intersection of US 1& PGA Boulevard ��««��..«�« <� �� w.u< « .,.a..,.., .� difficu(t £or pedestrians co cross Palni Bcoch G.ir�l�ns Building sec back from che corner `Narrow median does not protect pe� caught benveen lights ans � _� s � �� `... � � - �-`i �r�->� �f � ,.•_... . ��- , —il - —, Future View of US 1 Looking North Architeccure should follow Mixed-use buildings provide "eyes traditional examples on che screei' at all times -----� - —. . ....._ --. _.— -- .. .. - - -. __... _ —_ � , ��r .� 4;" / f, � �� ' �- �: � � �� -� , On streec parking provides a barrier between moving cars & pedescrians as wet( as "teaser" parking �even Citic:: ��,rdicrn P:dm I��•aeh C��unn l�l Curri�f�,r �ru�l� .,<<a�� .«� < <..�,.,a�� ,.,,.�.� �� slow down & he(p form �he space Awnine provide shade 6c protection for pedestrians �1.�� A�I � Engineering Considerations fo� Palm 8each Garderts Existing Conditions: Typical Urban Area TheExLSt(pg,TyplcelUS1 SecUonconsistsofaone�hundredlwentyfoot(120'•0') wide right�af•way wiM Mro (2) eleven foot (11'•0� wide southbound and rivo (2) eleven foot (11'-0� wide noAhbound asphalt pavement Uavel lanes, a fourleen toot (14'-0� wide grass medlen wNh eighleen inch (1'-81 wide curb and gutter on eifher sfde, and efghteen Inch (1'-6'} wide curb end gutter et the edges of the outside travel lerres. In add�tlon, green sMps (21' wide) and aldewaiks (5' to 6' wMe)are preseMadJecenttotheeestemandwestem rigM-af-wayiimifs. Proposed Cross Section: Typicat Main Street Area {Curb and guttetat outaide lenes) The�US 1 Sectbnconsisfsofreiainingiheexisdngonelwentyhundred foot(120'-0�wideAght-of-weyand(ncarpora6ngthefoflowing modMfceUons: Removing the e�dsting sidewalks (widUi veries) and constructlng new nineleen foat (19'-0� wide sWewalks wifh seven foot (T-0") wide tree plenters in eech helfofthe rightof-way. tntroducing eight and one-helf toot (8'-6� wide parallei parking spaces adjacent to the new sidawalks, induding eighmen inch (1'�6'� wide curb and gutter In both the South and North direcdona Increasing tl�e foudee� foot (14'-0� wide grass median to eigMeen feet (t8'-0�inwidlh. The �q�t to consWct the Proposed Saction, induding pavement resurfacing, dreinage improvements end �elated constnicdon Is apprwdmetely 5330 per Iineal foot, subjed to the following Notes and Aesumptions. Seven Cicies; NqrcE�em Palm Beach Counry LIS 1 Corridor Study Nofes and Aeaumptione The precedlnp eetimete does not include costs related to rlght-0f-way acquis�lon, mi�ga8on, traHic signalizatlon or signege, utllity relocaUon, or lendaceping otherthen eodding. The Ilneer foat e�imates for roadwey cone6uc8on assume that the exiatlng pavementan bemllledandresur(aced toachleve thedealred aoaseectbn. ifthe exleUng drainage ayatem,where presen� Isadequate and can be utllized in the propoaed construcUon, the Iinear foot cast eeUmete may decrease by es much as $t00111nearfoot. It exfs0ng utility poles ata to be removed and replaced with an urtderground eledric transmisalonldietribWon system, the Ilnear foot cost eeUmate may Increase foreach slde otthe rlght-0f-waywhere poles are present The Ilnear foot cost esllmates canteined hereln are'order of magnitude" flgures and eppropriete contingency per�entegee shauld be epplled when preparing prel(m(nary cost ea8mates. 9.08 • �a�6roo.� c�quare PUD AMENDMENT SUBMITTAL 11561 U.S. HIGHWAY 1 PALM BEACH GARDENS, FL. Proposed Outpar[el Building/FroM Elevatlon ,�,�ir:��, nan,il:on o�tnu architect �nc .rv eY�.n�.n�.�:. d � � � o � DEMOLITION NOTES: s��.RO��[a�a.A�3. c�� ,,.. �G� .� � --------------- / / i� � --�I-------�---�---�--�i---�---��------� � � � � III I ��LL,, � I � \�� i� �/ I� I��I�� il,.�l � �� I �1 � � � � �ll � � � 1 -- — -- \ � �--- -------- --�- /_ �� _ __ �_ �-�_-=_� __ � �-�—� L=—=E= — — � L � — — — — � � II I I I I II 1 - - —__-_ — — -� ----- -- ,� � i I � I fTTT�T�T�fTfTlTfTI ��i'(�, i� /�� I � �� ,m�o�w IJI.LLLLL!�o `� � � f ��- KEY LEGEND � ��n ��11�11��_ � � r�-��.' ANCHORTENANT LB.O� � _ ,Y, _ � • � __--` - ��3 �� -„'�`� �� `�?�� , � ; F_ _ �_+-- „��, - ,a — �F _ �.,� :y-: ��1�� _ ;" — �',_ i : __ �'�.-:'-��,�:� . ` ��_ ., : _ - � _ - ,i:_; _ ; _ � �_ ; �; L.: _ ;'r� ; �;r-: _ ;i'^� ,' t= - � - �� -> -.r'= ;. ,, ;_;�=;; .y::= ._��, -�_ �� _� �� _� : -�,, , :(i�i�i i: i�iiiiii �� I � OuXys I EcknN'a I U.S. HWY #1 (STATE ROAD No. 5) �_—. ----- --= -- N�D��-1vI0LITI0N 5�� PLA'� �calo�. 1'� = SC'-C�' PUBLIX � i'' �� —_�— 1 � 1 �, i` '� �� I� �1 i� � � � 1 ,1 ,� 1 � � �, ��I� ,,�ir��r, �am,i:�� „ t,a ar�nite�t i-c. D-SP �� _nili � � � SITE KEY LEGEND l SfTE DATA ,,,�+`,,,�°�-� ,,,:':^�;„,�,-°' e:g�;,�;� �°, PARKING DATA > E . ..5 . ,. �RVE. I TOTAL PAiKING R[OUIR�� 105].00 SPAC[5 r- � ,. _ va . i o � , eu �i ��. �� R[_ AREA OF SIiE 90629969 S.F (20.81 Acres) x.�w.�ncnr . crs �� S I GRO55 FLOOR AREa � 3�a.sa soacES ease sPaccs � E nP�EiCI.�E.is2 THO2 .3 M.�,_l/ER� Fn„�in, � -� - .,anwar�_,.,Po wenmaim.a.0 Zsaaoscnc[s . dneva.em � �.00 o�ti cEF. � N m_ e a„ e.oti _cureau�e o- ooe �wc '°° n.n svnces � `°°'�'•. "��°„'�� •°° ,,,m:�.im .r .W�� ,�.wo s�oa sPnces < � e r, . ao � .woe _rcr �. . oo s o�s rr �� . � cr,� � a aooe naen F. �. � s .w,.7 � i,n_ e�..�:�. a.00 v. . . . . > > . - — � Po �.rs se.a. v r P� a r �a mN � .nm..,. ,w..m F-i. rra. , o.r. _-oa s_ri w/ nn r+icw. n.a.n sici:� I ou� moss aooA nae. sao.ozo.m s.r.--ss.ae x z��s sv<cc, pqRKiNC PROwoEO ioeo.ao sances r-z n.. c.�.r. -mv s_N oim c� aor _rv1_a si_a o�i e.,cnsio- � xw,tiwffoP,�wF.�e �.��.� LDT COVERnGE H_ n sll:IFI.[ T.I.zU (;NLY" I PErv svn„[ vxono[o uiTlEO sx s,rw �•noa�uavemni�m�mowemmarwxwimr�n H-t D_L wDF �M1'IiITC Sif!IFnC- iCi JCJrvF�� BCVNnAP.. FDF C�PJ.E i-. - I v.�wrn ar.wimx�. rw�vo.wrnr.vlomuncooivxaruonxuixovw.. � „ �,i:F �Nnrvuo�s rouoionrom u,rmscn�rio. �. � E.: ��-o ��o o � cs . r�.<. I ��+N DOE9 NOT NECE39ARILY REPRE9ENT 7FiE E%P.CT LOCATION OF EACH 7ENANT, ALL USERS INDICA7ED MAY VARY WfTFi LANQLQRD'S LEASE EXHIBRS. K. C.RE F.'�.TE 0 . ,C<F _._--.---...—_—-._——._-—_—--------------- . ... ... . � ' ..I . K . C pC T c rc . � os s-. � � r�•v� %� �.�e�.. ,._ . . _ , / � m.e-as �."�' o ��..a s�_mc��,vn. ��E� s � i i�� I I 7_--�_--�—_ . j� �.�au�.-�w — i n. ..,�..,� nimc r_c � � � —. . 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'n �,� =PA�= o s s .A °' � �_ ' — — - ! _ - - m�_ _�e e e =�_ �, Ex�srP�a��=�o� �i� � � -- - -- -- -- -- - . ��- - -- — — — -- _ .— �'�--- -- — — _ __ _ -- - , - — - �� — __ _ — _ ------- — — -- — ---- �.sP�.�, Pa� � ,; _.__. .___. —' LOWN—UP SITE PLAN � � ole: 1" = 20,-0° N��a��, r,a�,��.�, �rt��r architect inc. �,��,«�.. „ a. .nL ei 3Y�. A1 M H. I z I � w I � I � Ia � I� 3 I_ o i�= m i I I � � o �f � : � _,� � � �a'�, �>y„�, .I_� _—... _. ��SP 2 aaru • • ,, � � - i � I�� i��<_ , I:� Ilj ol� � � I's I� � �` " �i �I �,� � �R��E j � , < , r�asucm _ \ —� n�l� �� II � I � - F FV��i Ri� p mi n � e�to — p� i V�iT �NI Y I � �� F�. �� T� P r AY ZUNS � i, .+ � c �WE �� s�o - ��..� ~ P<,�� e�F� iYPICA� HANDICAPP�D PARKING DETAILS N 1.5. I � I —� k ` �. — I o..�.��s��.�� I ��, � � a ��, __ _�E DUMPSTER PLAN scaio: t/a' = t'-o" ,.� «, F�.N ��,��_— 6 C��... S�B w� v.�. ft. �-U�.iri„— � � � �� .,, — — � d < R=- � �� I i �� — _ --_ — -- --- __ _ - — — <— — — - -- I. -- � � � E � � I� � � — � _ � �� ,.�,n j �� p P.ME «o, rr,��E,� �I �� I� � �� .n,�a F>,��.o�o. o < „r ��r s,� E � ,� � I � �� .� ,a-� . ,. .� ��.�,s��_� �ii � � �� i _'li� ��, �i_A ��.��_ � � . - _— - _— i ,.��.E M�nM,.P,�b, - �M��o�,a �� , o a:a �o � F.,F �__. a� �., �A �..� a �„ TYP!CAL PARKING SPACE & HANDICAPP�D SPACE DFTAI'� PAVING SECTION Nu_ N.1 ;. _..�,E�o� .�.�.,�� Mt�,�,an�,��,��, - — F o _ — — _, � �aa.fi: � "r.r�,�,v°� I � � � � � F .� � —�� / —� ��e �_� �� ::-, � \ —7 . — �. -G� � � 1 II � �I / �� — � l - V �� I � � / _ Q �� ✓ '� `yII II;�!� �,� � , ��y,� � � � �r� . _ � - - —� - ° HANDICAP RAMP ��,a,.:, ,r.o.>a��Ea.e��_,aa `"`•" N T.,. �>— ER'CY. Pr`!ER D�TAIL �� P�t�FSTdiA�J �i ��•i?,L{%l'"y',"�'�'� „M �.� ,_ � E- = �I Ni i, c.P � j ..P� a�, � � ��_H ,.c� � � . �� ' � a�w��. i .-�_. .a. .. � �� .i - ��Z. � PF- our, .—.1. � � �, '' � . I� /-° `� � �' �� -✓ TYP. TYpE "D° CURB DETAIL / d r �... n�„ I �/� �m — — � "" - �� ' n. i s. � xsr r,�,.oE �� _� I�_i r _./[.c, /r� ccnrt, � <.n-=oae;,,d6�,c�� DUMPS�ER WALL SECTION SCP.LE' 3/s" = i �-0' ` � �� ,00��, _i ��1 � n�,mce � � ,r __�� 1�� . ¢ PGATE PiN I�YGE GATF PIN AND HINGE OETAILS :,, �� , I �f � `� '� � � w _E«��" [z �c ov��c TY'P. 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'— _ ° �—L3G�i InoLlrf� � �-, n I ' e� � I `y�",� e . . .. _ I Y - �, m°� oa�Jni� 1 � -% T� w o r' ° C��LIs� ��--�� ,J�' G3�4QC�G�W G2G4 / . L3L�`�.aIILSG � � �� ° � �� r i — — � � �� I� I� I ` � � � � � �� A,r� II� R a �� i � � � � p �� a :I�I# I a A III�I /� I�-� ��- � � �� /� / �i�ii _ �'� — �� I � tetCOUMNIOMaRH LttPIGLL � Tm -l(6•TEMY.aFA0.f.�,IN au��nwcnaxauo eua�uxorwm euunv�ssrervoai� roa7.uuw.mws�roµ euunwc - 4GNA(� DEPIRFD ON HEVATIONS WES NOT REPPESENT gpppa��p�pF �� THEE%ACTIfNANfUSEINTFNDEDFOREPLHSPA�. iuE �\ � '�, 1 s �w� � i�n � EXTERIO�R FI�41Sn SCHEDUL� — "� C7� C' i — — — I I MARK �ESGRIPTION e r� n n � / "�' �' nn p u�i�a�aw cco eonr�. nxs� � w,ur, . cnw. ce, sn . � � Ru�x inwaxs uun,wo nno sv aa� �mrvcorseano �� "�� _�� .v�'-s �� w�aa�mes�inrv�nwusnn fIN-BJ i �LNE SW 1a06 I I . 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' � „ � � ' ;� R•a - - -. _ �— -- - � . � _ - � - - - -- - e�� ,�.,� � ( �� -e � �� M�� i , , __ _ _ _ i __ �— 1 _ _ - - � _ —��w�,a,�,�Fl.� ! ,�.a��..�w�.� �.�� east elevation �: �� ,�W��w , � • u i l� � � I �� existing retail-west elevation �tnexs.s v � � nxxe � vunn nrn� —�L� � '��N��i �u� 1 proposed retail-west elevation \ � — L — — .— \GNIGEA>MT � �N ��, y�$ \ �� . � &IRGllnpv AWNIHG 5a� FN- �l�1rSP�+'dl� i xow/ j ��s6W`�° �� _ _ I I I �� ; I �lil a �� I�� - EXISTING AND PROPOSED RETAIL BUILDING ELEVATIONS SCAIE : 1/B" - 1�-0" ;� Iml.. 111— — — — �II�� 'li lil I � ��— ero�msT. omu wa xnv sra�nor+r il% V> 1 i�ui i_�u i , �- — � — — �L��I � Il �_ �PUM��.a rvEWNORBE STOPFDWLSHF58 � ��.� — �� — — � �� i � I u�rcme'�xrxawFncomwous �"'�� , /: � � � � �� / ��o�aoauYOa x�oow�ovcx "� �� ' I U�a�uG�� - - --� _ -_ I �� - _- ----- � ��;� I � :�I I j I _ — — {I ° L 'iN a � / �, � K I °�� br"d� PROF�f OF AN[Iq0.TBYWi J '�' � 1 � ,' I ��' (eraNO) ,r ;�-�,�'�., , � � �` P �,Y�; m : to °�� ' p �„ a�x�E.oaEw��NO��„naa«.�� ,o �'e �!i� �V. —[ONG��LST�PBF#4NIGGlnTB1AiTB1 / % p��ro d�e �a�oo �n�a� � � I � E%ISn�VG .^OURTYAR� — � �; ,; I „ � � -' I ` � � � — ��, .o REMa� � II \ \, william �se.nanwow I r�am��ltor. onw ex�row�u. �artiu� archifecf . � j J__\ — i �,�� ,.�,., � � � � � :m�., a �e, �— — — I � ,,,, �. � � � u�am�m�— .n.� � �� ;n i_wrsvs � � � Z O � O — 9 oS ZU1� �9 °°� _ _ `� � � �� - - ;, ma= _ � c�� z �a� - �o° � z .� � � o o��wu .� � � � � — � rwr0�ro �w Ir X J W J W � � I� I I SIGNAGE DF➢ICTF.O IXV EIEVATIOf�LS pOB NOT REP�RESFNT I I THE IXqGT TENANT USE WIEN�FlI FOR EACH SP/�, I I � I � I I � I � v � O ��)c a.. G G I _�c- � „ 1G ci 13 I E:cic�_�3l7.aL • overall courtyard west elevation facing US highway # 1 scn� : uie� - ,.-0�. � �� _��,�...��.-,�� `! r c - � � ��tin a �� --- I � � � � �'� � � � west elevation section 1 � ; ��,o�.e� ,F�, < � I a � . .� . �� ' � :v „�� r r'�` <, �� '�i` �`r }�,'t�ry�. 3 � R I ��. , � � � i � � I � ��,,�� .��,F� ;�� ii p� ii� ;uu r i�'�� nr=�_ � � �� a : �y�� ,� � -- � - � wes�elevatiomsection �� EXISTING COURiYARD/RETAIL BUILDING ELEVATIONS � I SCAIE : 1!8' = 1'-0" > �� a b � N_�� 1.t��,�llo-�� II�I-II ^' � s � lu��l � �I _..r �I , � �� af hwt[[n � / PARAPET/SCREEN DETAIL ��i �� u�:,T ql Ihaml ta-. a�tb�r �. �� " ' ' '-' ' I � architect __� ___ nc � _ e. �,�,o_ w�9, �.. ,..z �� SIGNAGE �EPIRED ON EIEVATI0N5 DOES NOT REYRFSENT I ��J I vMH. s_ i me oeac� maaNr � nrtenoEO roa encx� svnce. —. . — —_ _.—... � � � ¢ �._ �- w �� \ - °I o �n �i �z ao s�,ro.�a I } r- � �- a � �> j/�i�'/�/ j :, I o � �/�j//%/j R c, c� ,,�i I � __ _ Z z / % I R��$ I � � / � I w X � scx�� I n W � . � �y��s� —�/ \��\"� I N �° roa Fo �E. E� FF`/'S OUTDOOR SE I NG AREA I I B�04VN�U� PLAN I .- I � � � I � ��.� I a — i I o — �� . � �_ ��ii�� I nN �, �t — �� za — — — =o� o :�_, _ �F� n�- _ .e. -._. — __ n �n s - _ „A—V2�, I 1� 0� 13 FXS.RC.�iL . � � OFPICE AVAILABLE � 20,000 S.F. � ---I - \ - � '-----j , � � _ , , , RETAIL AVAILABLE �� 25,000 S.F. � � � � ,� � � Second Floor � -- _. _. - -- -- -- --- --. . .--..-----__.___ U.S. HWY #1 (STATE ROAD No 5)-_ _ __ _ _ ---- ___ N; SITEPLAN___ �- � � ;� - -- � ; �., - , �ry,� � � k t R� ' � =.. �; � � .. ..' �'" �i�;^, ,5, t.��t+ ' g � Tb� � '�."��e� _ �v-' , � ,' � ,`� � n,� � �: �. �", 'w��, � �� i'„ .��, � =� \ __ A� " . . -,- � _ ._��,�.��° - -_ - - -� - _- �� r � � �� , � �'.i �� 6 � �_.., � '�� - " 4 �, !Iw 4:��,. :� � _ �; J -- / < „ �?�: - ,, ,��s '' I��-' ` �� '�' n�; : , � . �� - ,� - �` ' ' J f_ i , e�fiL � I_ � ��,� ... _ .. k . � � �� i�r' . � _ , '�.1 ., . `I. . �1 ~ b�'�� y '..� a,.v'...,,< T '1 � �, �,� t� i !�� iJ � . A 4 �.,i , � iT ;. � �� , � ��t ' ��` . �,,,, �.,:i .:' . �,5 ,_ � � _ _ .�� Q a� ��y . _ _ , 9� .��,*,� � f � e . � � -� ��-a'!�. -� � - w��'�I �,€'�,�"�- , � ,t . �_� � 1� '. � _�` f ' ,��: , - - �'- : a ��;✓' � � . „�,-.�� L �, � �.��.. _ �� :�,. ,��. �s '�x +; w L� yJ -':�� .+� . . ( ^�....-_. �� . . 'ic � ' . s .. . '� t5 '{4V.� . . .. � � ,� . �� < � s�� . �;� ;,.,� i � � � ° ' �:� ,, _ . ,, . � , ' ., : _ ,, � � + �'";uh: �,�; � j. '"'-�;1' �� ; ^; ` � � � .. .,.. �g � ' � ,. ,r � Y ��. va �y :Fa ,,� a K � �e�` 4 �"�`,� k ,..' ��C '� . riy�a��` � . �,'�'l"�� yh � � � . � � � y5�� : �.. ; .�.{�C.° rr .. . : I ... " . . , -��;, � °_ ' ri�- �1 � .!� �A �,_.�, �': . a �: Y: ` -:, , �L.:r ►F . ..' . .y x,� t �i,. �E• � i�,: . ; � �'�t �_ <r '"'['. .P � � y , ti.�. 4�;. ... :-� 'yl x;,� `,�, '. �f's� � „ ) F' _ '� 3 �'e `" _ ` _ r� --- �� " .w �'.. _ -�� .�.. ... .. ,..` � ��. , �-�, I �'.' r�� !. �� x� � �c ` i �;� .. �.�� . ��R �'�:. � ;r.r.:�,, `' 3' � , _� o ��I�� r:-. '. t t , � � ; . . R 'aM.�..' . _ ' ' � : _ . s��r� � � �M1� r � � ' k�.. � i � � � .,�� ., � �`�� ,a . _ __ �; , _ -..�� }' , _ — ., � - , � �� , ' ' , �; � • . .. _ _ � .a , . - :�- _ .- _ - - - - - _ _ _ _ - , . . . ..� . - - .� - - ; , r � -- -° - =-- � '-.a--,uw�.wr�rr.r�'+�mi � �`' �wa�riaer�� , .ti . ; --=j ,- - � . .. . . , ,. �� ^ � �.... >y`� . ' .:;, ..:.u��..3 - ----- -- --- - -- ,�� - �.� . `-� �. A.. , : �;Z. . . ,�f, r..a;,;� r ' � +C . �_ f J� . r� . . . . . . d±Y�; , �.. �. � 1. �� .. : ii � i . . - . . � �h� ..... . N: ' � • �� '�� ,�� ❑ �� ' r �$� . . . � �`�� '` �"� .- ��'�^^" �af ` . . �' 'Pwwi'`� �`c � � �� -i, r � L f -..� � ��i � .. �.� _ �`x � :,r 1 , t , � • -' _ _ ' - ... _ '— ____ - _ . .. ... ., � �. �'4 � l ` .. . ' W ___ . - --. ' - - — _ _ __. __ _ �_ �' . , . �- --=- - - -_ av+�c�HUar =i west elevation • ----- ___ __ �aw.�x ._. � ■ *� • . . �. P = L-' —_—__ _ _ _ ':� i '.`�* � n`k,i � � - . . .k='+ . > ._"___'________�_— _.� 1� � �'R i � `:=:� � �=i � s� _ - _ ,_ . I � south elevation nvru� e�nvauvr� � � i � � �� :. r , ��.�, y�.. �t x �. � '�` *..;:: s ��i" �) r CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and City Council DATE: September 16, 2002 THROUGH: Charles Wu, Growth Management Administrator �,�, FROM: Mark Hendrickson, City Forester �1(l� SUBJECT: W� for Pending Projects Three pending development applications along Donald Ross Road have raised the opportunity for City gateway signage in this area. Specifically, these projects are the Legends at the Gardens (southwest corner of Central Blvd. and Donald Ross Rd.), Donald Ross Village (between Central Blvd. and Military Trail, south side of Donald Ross Rd.), and Evergrene (between Military Trail and Alt. AlA, south side of Donald Ross Rd.). As a matter of policy, staff has indicated to developers during the review and approval process the City's desire to locate City gateway signs consistent with the 1997 map generated by the Beautification and Environmental Committee (B&E). The only change to the map is the recent direction from City Council to potentially have a sign located at the potential interchange at Central Boulevard and I-95. We believe it is an appropriate time to seek direction from City Council on the sign program, so City staff can inform the developers and maintain some consistency along our northern City boundary. Staff needs direction on the following: • Does City Council want a gateway sign on both sides of Central Boulevard, both sides of Military Trail and west side of Alternate AlA? For a gateway sign to be effective for both sides of Central Blvd. and Military Trail, the size, height, and setback need to be carefully considered and coordinated between the three projects. • Does City Council want to keep the existing gateway design or have the development community design a new gateway sign for City approval? If the City Council desires a new gateway design, is it the City Council's desire to have both the P&Z Commission and B&E Committee review this new design? The design approved by the City Council will dictate all entryway design for three aforementioned site plans. • Is it the City Council's intent for developers to install, landscape, light and maintain such signage? Workshop: City Signage September 16, 2002 Page 2 • When does City Council want the gateway signs installed? There is a timing factor associated with processing a new gateway design since all three projects are in various stages of approval. Staff looks forward to your discussion and guidance. Cc: Ron Ferris, City Manager Sheryl Stewart, Asst. to City Manager Hank Skokowski, UDS Ed Tombari, Senior Planner Kara Irwin, Senior Planner Talal Benothman, Principal Planner � + �1%(,,�--. �� /.� i� 1. I `, �� .� , � F6,`'e / ;'� ns�� ►r ��y` ; _. i - 1 � I rnI �ct�� --- _ � __. _?�__� _ i � 3� ' �j yi � ; � i � ,� ....�. �� .\ A� / �t, �� . ,� 4 � �� <� � • Q�� WG� � . . �� _ �.,.� � � �� n�TC�YWA`� _ - . . - ,....,.._.-. ,#,w._ ...�.�,.,, . , _. - .-a :.�.--- � :--�,.-a:.-.-. • � 1�� '�-_. � � �� - L.-- . _ � �- -- -- ; i�.- , �, �_..__._.:=- , i � � ��r i � 1 I 1 � � �� `` j/ �o� I � \ „ �}` � !`�� I 1 i � ��-----, � �: �I1 � /% i � j I \\ Q `�,� �''\ l I 1 - / \ /� `,� _:.� i i._. i i i �-��-`.. v% � � � � I ;;\`.`\ � i �t��;1�C�i P'�� . �'' �. �' i � � i ;�� ,, l�� i; i �_ � � //,, 4 J �... � � -; - � ,. � y��..�,r ��= � •~��;-�i �� t s �s.;,j'�; .�� ,. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Sheryl Steward, Asst. to City Manager DATE: 12/31/O1 APPROVED: Charles K. Wu, Growth Management Director �(,G�,.. FROM: SUBJECT: Mark I. Hendrickson, City Forester �?'1 /t�l" Pro In 1997, City Council reviewed three Beautification and Environmental Committee recommendations concerning what is now considered the "City Sign Program." At that time, it was recognized that two signs could be useful. One type sign should designate the City's boundary limits, and one could be more of a"gateway" sign. The City Council agreed with potential sign locations, but changed the installation priority. Attached is a City map that indicates potential sign locations. There was also an unwritten policy that as projects came up for review around the City's boundary limits, City staff would request gateway sign locations. The reason for the request is because the City limit sign, which is a small FDOT sign, would be replaced with the much larger monument sign. Through the work of LBF&H and the Public Works Department, several FDOT signs were permitted and installed by 1998. Examples of this sign are still existing south bound on I-95 south of Donald Ross Road and north bound on Alt. AlA at the C-17 canal. This worlc was not finished and more can be permitted and installed. In July of 1997, City Council approved locating a mock-up version of the "gateway" sign at the southeast corner of PGA Boulevard and the Ronald Reagan Turnpike interchange. The City Council did change the original design to include a curved back behind the leaves. This sign was funded by an agreement made between the City Council and the developer of the Devonshire Nursing Home in the PGA National Commerce Park. This sign was not constructed until late 2000 due to cost constraints. It should be noted that consideration was made to use art-in-public places funds for this signage. The Art Advisory Committee objected to using art funds because signs are considered functional art rather than the more preferred abstract art. Since then, two other potential sign locations have been tacked on to project approvals, but not funded. These are the Costakos property on Northlake Boulevard and City Centre on US1. By August of 2000, the City had installed two small gateway signs, using the design of the larger gateway sign, through the work of the Neighborhood Initiative Task Force group, which later formed the Gardens Neighborhood Association. One is located at the corner of Military Trail and Arbor Way, while the other is located at Lighthouse Drive just west of the railroad tracks. In conclusion, unless different direction or studies are forthcoming, the small and large gateway sign design, permitted FDOT City limit sign, and the location map are the foundation of the City's Sign Program. I would suggest that there should be one person in charge of the City Sign Program. Of course, a lot more can be done, if priorities can be determined and these signs can be funded. l, r::>' . � .: ;:. >:. ,, .........�, ....::,.. ; A.. �: :;.r„A: ; ¢;� ,�. � � / � � , i :. . .:. ' � rF � r , � ` ¢ / � F r� i'��f� a,"a�<.. `'' � s , .... : � .. ..�.;j�c.f�� ic .Z.`�yc�co::�:,<'i' � ��` �?�, �� , .. ' �"'r. . � , . . �.<>�l� ,..a ii%;:. .... . ��: .: � f.f � . �::: . �:.: . . . .. .. �;ff:. y . !f�f .� :; :`: v r � .�:. �:�:. . � Y,.... ,,�oa R� � s°0`� 3� � �e � �_ � � s � ' ��,p �°` 'a � �2 �y �s �}( 3, �,(3� '��fC . �'��xa. ,��i,. 3' � i. .�.`A, t� � <. Ud' Q" � JQO�Y J�.. .A...l �S ..>: R� � �l ) � (JO'� . X�� . '^^�^ � 'dK � \ S ,. .' ��F �� r � f > o r � � � . .s l '� 4� , :::.. : vcr .� � �/ ' _ ` � 6 �. ; �;��:,�':'�;::�::� � S . , �iLi::ii�A.i:::ii� y. � S .0 .. : Z� < � C ".� ;:/ . :il::��:%2^.��.�i ` +�.i �:RC:':;Y:<iii:b. v''i.%,•'� ;i �:�:;;:�:#.... . • r•:::::.�::::::::c�:.>:.;..:: ;:. � ':;:{t:::;::j'�:�`;;:•. p��.N� . 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Y ,,�S..L�£�22b::h�. .. , .;`��;;:•:t:::_'%`�';:y� "ao�c8caa'ooSr,oeoso6i�iieia5�' <:• ------ — a, . �: . �w>::>4<:< � � i i , ' --- --I-- � � , -•' , �'�'. �_!KX ��`i' �ii ��.r� �-�_: 1995 I I I City of Palm Beach Gardens � Palm Beach County, Florida - L6G6BD `- ° a�oo ioeoo •_ G IT� 1--1 Yr f 1 S( G/� - � —'� s��°.�� -- .si.��...i. .r...u� � u�ba..��... . � � ` -'�,,� ' ,�. � _ --- '---- ' . ' � /�' � � •., �i �' / ��y � �� 1 i I i',�`� �r� �rl r,,,1J L( �`'-� '�:� � 1 i� �,� — �, � �I i � I� I � ff ` ;I � -_ . - — � — 'I —_ , �� . z` �---�-� '�, '1 I� �� . �,' ;r � j �: � �= `, s _'�� , -- � ,!�. �' �-r,r. � � '�. -.. . �. — � � � ;��/7�, � '� �� r � \ / " i� il .,�'` � ' "' � un �,�� I \\ I i �� --- - -. � �'L_� - - „ ,. __� ---.-___- . ___ __ , �- ----- ; - _.____ �, a.�...� ei�� .r r.�o �...► c..�... i � CITY OF PALM BEACH GARDENS PALMBEACH COUNTY, FLORIDA PROCiAMA.TION WHEREAS, city government is the gouernment closest to most citizens, and the one with the most direct daily impact upon its residents; dnd WHEREAS, city government is administered for and by its citizens; and WHEREAS, city government officaals and employees shdre the responsibility of educating their residents about public seruice and its benefits; and WHEREAS, Florida City Government Week was establish,ed to recognize the essential role played by city government in our lives; and WHEREAS, this week offers an opportunity to spread the word to all the citizens of Florida that they can shape and influence this branch of government which is closest to them; and WHEREAS, the Gouernor and Cabinet of the State of Florida haue set aside this week to recognize and honor the efforts of city governments. NOW, THEREFORE, I, Eric Jablin, Mayor of the City of Pdlm Beach Gardens, Florida, do hereby proclaim the Week of Dctober 20 through 26, 2002, as FLORIDA CITY GOVERNMENT WEEK arzd urge all residents, government officials and employees of the City of Palm Beach Gardens, Florida to acknowledge this week. ATTE . PATRICIA SNIDER, CITY CLERK IN WITNESS WHEREDF, I haue hereunto set my hand and caused the Seal of ttte City of Pdlm Beach Gardens, Florida, b cx a, ' 3rd Day of ob , J IN COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: Address: c�t,,: � � /�. �' � �- 3 .3 �r �� Subject: 3 - -- -_ i Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. � , COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: ��v � �S��ac�- Address: -3d � /� J ��r�S�� 1� � City: �, �� Subjec�i r c D � � s �� '!m � Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. -��—!� �^�� * � ��,. �� ` �'�� q� a�;,v, ,��(r(r� �� TO: DATE: CITY OF PALM BEACH GARDENS MEMORANDUM Honorable Mayor and Councilmembers October 3, 2002 FROM: Charles K. Wu, Growth Management Administrator �,�w�, THRU: Ron Ferris, City Manag SUBJECT: Declaration of Zoning in Progress for Mixed-Use PUD On May 3, 2001, the City Code of Ordinances was amended by Ordinance 33, 2000, which amended the City Comprehensive Plan Future Land Use, Transportation, Intergovernmental Coordination, and Capital Improvements Elements. The amendment to the Future Land Use Element modified the requirements for building height and minimum 25% residential vertical integration for residential mixed-use planned unit developments. Currently, an amendment to the Land Development Regulations has been initiated by the City as a housecleaning item that provides for consistency with the adopted Comprehensive Plan, as required by the Florida Statutes. Staff recommends that the City Council consider placing zoning-in-progress in effect for Section 78-157 (� "Residential MXD intensity measures and special definitions," of the City of Palm Beach Gardens Land Development Regulations. The reason for this action is to amend the regulations of the Mixed-Use Planned Unit Development Overlay District in order to establish compatibility with City policy and the City's Comprehensive Plan for all properties with a Mixed-Use Future Land-Use designation. At this time, staff requests that the City Council place Zoning-in-Progress in effect for the following section of the Land Development Regulations: 1. Section 78-157 (fl, Residential MXD intensity measures and special definitions. C: Ron Ferris, City Manager Len Rubin, City Attorney Talal Benothman, Principal Planner Kara Irwin, Senior Planner �.�s��,,�, �, �'l i .� Patricia Snider From: Sean Donahue{LB�H) Sent: Thursday, October 03, 2002 8:02 AM To: Charles Wu Cc: Patriaa Snide� Subject The Gabies Plat i just found out from NPBCID that the plat is not ready for toz�ight•s meeting. The applicant is OK with rescheduling the plat for the Oct. 17th meeting, I will forward a new agenda item with new dates today. Please postpone this item. Thanks, Sean 1 � � • ;_� � • •.:..' • � ,. . �� : ,: •. ' Baard af Caunty Cantnissio�teac -. --- -- -------- T MPO Chaimn�n 1 Citizens Taisk Fvrce - Chalnnan ` t Trsflic P�rforma�o Stsndanle Conimittee - ChAi�nan' -------�---- 4 Land Use l�ldvisory 8oard . Ch�irmen• 1 Comm�utify and Er.cana�dc 0►ev�etopreseat Ceuacii -- li��qber 1 Economic Cauncit - M�mbe� 1 Municlpai Officials (1 each fo� the T Comrnlssioners" -------.- 7 Ga1d Coast 8uildsrs - Member .�..... � Realto� Associatlon - AA�n�ber 1 .,``� 1�0 Frlends-- Member � Audubon Sociery -- bten�bar � Mea�he�s of Gensr� Pe�b�c �t each %r tfte 7 Contmis�ionet�� 7 Port of Palrn Boach - Chal�ma�• ---- � Pslm Tran 8ervice Bo�rd - Chainnan• � � Aviatlon and Airpc,rt Advisory 8oard - Chatrman" 1 � 3d ' if Caaiiunau is unavaita6le aawtheF cor�u��ttcc me�ubct may scrve ** Distric[ 6 appointment is not raquircd co be a munic�pal of5cial ; i�1 i:i::.. � � / r. =.:�-- �� .�1: ,t :11 �.li� �" �� y i . � i i li... � , M � XK '� • ., {!`�Y r� t oa«+a� �a�s"a ��o�ao�� N gtafl pns�+taU°" � �or issueRs LtiNCM BREAK IN � StakeholdttBCC �sw�s�1 BR�J1K IV Pubtk Commsnts � pl:cus�lo� of Id�t�d fswes • /1ddldonRl issws . Prlo�ltlaa y St�keh�rlBCC PAoritt�atlon Olsc�sslan Ro1Ms tor Qay 2 � `�. :; ., �-a Qctohe� 16. �Q02 �``�� 1 �raducdonlMstruetlons _� 11 R�cap M PHo�t�d �Escussfon Potrtts aaEa�c �f ereatc vut ci+roup� Each � wi�i disctrss a(1 polyds LlAVCH Group Raports BCC Dfscus�{oNOirodlW� S:.�i m• �a.oa��:� am 11:�-1:�! pn� 1:00-Z:34 pm 2:30�3:Q0 pm 3:00 - �:00 p+n 4:OW5:00 pm 8:30 am 10:00-10:30 am. �a:so-aa:xs �+. 10-4s-12:30 prn 1�:�0-,Z:QD p�n 2;00-3:Oa pm 3:00 pm f. TPS activities as of Octobe� 3, 2002 Occobcr 3• G?F (sitting as LDRC) — c�tsider finding �f consisttncy with � Comp kla� fot proposed oMin�oe chauges, as welt as rccomme�ading pcaposed ocdinance ehat►ges to tbe BCC Octobcc 9• Octobc� � 5 & 16 * 'I'f'S Camrnittce I..evgue oC Citics Board of Dic�ctors meeting BCC Workshop on Transportadoo - to be heid st �g Center Oete►ber 22"` ACC �orkshop - pr�eliminary �readit�g of TPS ordinanee changes rclating to project de�'inition and level of significancc - 8CC will detemtine what to advcrtise for pubtic heacat� and fmal t+c�dit�g and wAen that frnat rc�ing will flccuX–�cnding on action by CTF– may k�car prescatation on reduced st8ndamds for "dcsirablc•, Pfalccts Octobcr 22'' Octobcr Z3' / Novambcr 7+ November 12• Novemhu 13'` November f9 November Z6• December 3� TPS Commi�t�cc League o[Cities General Membership mceting C'TF — Coaudcr TE'S c� ttlsting to pcalc �tvttr �aiys':s �t. well as gencra2 ordinance "cleanup" TPS Committec Lcague of Cities 8oacd of Dircctors Meecing BCC Meetmg - BCC coald ha�t final read�ng on Ti'S ordinancc relaiing to project definition and Icval o[ signific�ce oa this date < TPS Comrnittee BCC Meeting - pre(imiinary rcading of T�S ordinance changes relati�g to peak hou�r aaalysis as well as genoral ordinance "ctearrtup" t Dtttt wAas TPS itraea �iQ pt d.fuMSSed. _tZ - P VmHeatlrGZNcta rc:sv^�� - Fku; � - ;. E�� .I° � ��i \�.`.ui � 1 i�\::� � � CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council APPROVED: Ronald M. Ferris, City Manager DATE: October 2, 2002 FROM: Sheryl L. Stewart, Assistant to the City Manager SUBJECT: Legal Services Analysis Back�round and Introduction As directed by City Council at the meeting on September 18, 2002, staff has gone forward with further analysis of the issues and costs of implementing an in-house legal department as opposed to the current contractual arrangement. This has been done in a manner consistent with how we have analyzed other areas of City service delivery, which have been brought forth for Council consideration during the annual budget process. � loolcin� at current and future operational and administrative chan�es that could be made, staff's �oal continues to be to reduce cost as well as increase accountabilitv and efficiencv in service deliverv. The benefits of bringing legal services in-house will reveal financial and functional savings over time, most significantly in light of current and future City growth and development. Analvsis and Discussion This report has been organized into three areas: I. II. III Financial — costs and comparison of contractual and in-house legal services Administrative — advantages/disadvantages of in-house legal services as compared to the current contractual arrangement Operational — proposed transition plan including logistics and timeline The initial cost savin�s that would result from havin� an in-house le�al department is estimated at $32,000 includin� salaries, benefits, and start up costs for FY 2003, and $91,000 for FY 2004. However, additional potential cost savin�s and increased level of service mav be revealed as staff ineasures productivitv. (1) L FINANCIAL ANALYSIS SEE ATTACHMENT "A" on following pages 3 through 10. As part of our review, staff analyzed the past two years' legal invoices for FY 2001 and FY 2002 to date. Our analysis indicates that we have spent approximately $98,000 in FY 2001 and $144,000 in FY 2002 for Special Legal Services outside of the General Legal Services covered by the retainer (at a rate of $15,400 per month). Total billable hours for FY 2001 was 610, while FY 2002 was 876. This equates to an average hourly cost for billable items in FY 2001 and FY 2002 of $161 and $164, respectively. The analysis also reveals that the average monthly billable hours for both years were only 67 hours inclusive of attorney and paralegal services. This amount includes only time spent on Special Legal Services, and excludes time spent on General Legal Services covered by the retainer. We were unable to determine the avera�e hours spent on General Le�al Services because there is no accountin� of this time on the monthlv invoices. However, assuming that monthly time spent on General Legal Services does not exceed the monthly retainer of $15,400, this would equate to an average of 123 hours at the negotiated hourly retainer rate of $125. With an in-house staff of one attorney and one paralegal (or legal assistant), at an average of 40 hours per weelc, this equates to a monthly total of 347 hours of in-house time, (2 employees � 2,080 hours per year/12 months). Assuming in-house staff spent the same average of 67 hours a month on Special Legal Services, plus the estimated time of 123 hours for General Legal Services, this would leave 157 hours a 350 300 250 200 150 100 50 Hours ■ In-house Available Hours ■Current Contractual Billable Hours month (3471ess 190) available for other matters. This analysis is illustrated in the chart to the left. Items included under General Legal Services are described in the Administrative Analysis section of this report on pages 12 and 13. �2) • • An 1 L r 1 a ys s o ega e vi ces In-hous e V s. C ontractual Advanta es/Disadvanta es of g g In-house Le al Staff g Advantages Disadvantages Cost savings Technical Expertise — firm has more resources Increased accountability Continuity — loss of history with new attorney Increased daily supervision of legal function Availability — need backup when attorney is away Increased accessibility — department would Independence — being in —house may be on site, readily available diminish objectivity Provide more legal oversight for daily administrative and operational issues De-politicizes the function Savings in time — quicker, more accessible on site, increased productivity Increased knowledge and understanding of daily operations Less reactive and more proactive in services and efforts to prevent lawsuits • • • om arl s on o t er ltl e s p City Method Budget Personnel Total� Outside Legal Boca Raton In-house $683,000 $100,000 3 Attys, 3 Staff Wellington In-house 399,000 120,000 2 Attys (1 P/T), 1 Staff Delray Beach In-house 664,020 93,050 3 Attys, 3 Staff Stuart In-house 223,000 30,000 1 Atty, 1 Staff Jupiter Contract 291,000 145,500 N/A Palm Beach Contract 425,000 90,000 N/A Gardens �Includes Outside Legal • Estlmate osts FY 2003 Personnel Annual Total FY 2003 (9 mos) Totals Salary-Attorney $96,000 $72,000 Salary-Legal Asst 45,000 33,750 Benefits 29,185 Total Personnel $134,935 Operating 22,400 20,050 Outside Legal 110,000 110,000 W&H 120,000 120,000 250,050 Capital 7,600 7,600 7,600 Total Costs $392,585 Current Budget 425,000 Savings � 32,415 • Estlmate osts FY 2004 Personnel Annual Total Totals Salary-Attorney $105,600 Salary-Legal Asst 49,500 Benefits 42,897 Total Personnel $197,997 Operating 23,072 Outside Legal 112,700 Capital 0 Total Costs $333,769 Current Budget 425,000 Savings � 91,231 • ummar o t er utsl e Le a Y g �loo,000 $95,000 $90,000 $85,000 $80,000 $75,000 ri L T Y r e vi ces ast wo ea s t er an a or � .-- _ FY 2001 FY 2002 ❑ Ex: Ruden, McClosky; August & Kulunas; Dennis Levine Le a osts B ate or g Y g Y �igo,000 $160,000 $140,000 $120,000 $100,000 $80,000 $60,000 $40,000 $20,000 �- Last Two Fiscal Years FY 2001 FY 2002 ■ Retainer ■ Special Services • • ummary o pecla ervlces Last Two Years t er T an $45,000 $40,000 $35,000 $30,000 $25,000 $20,000 $15,000 $10,000 $5,000 i� D ev e o m ent Revl ew p Fiscal Years 2001 and 2002 ❑ Miscellaneous ■ Municipal Complex ■ Vavrus ■ Burns Road ■ Tanglewood ❑ Kyoto Dr. R/R Appeal ■ Dr. Burke ■ Niversal Housing • A r M n B1 H r veae ot ae ous g Y 40 35 30 25 20 15 10 5 0 . . ecla Le a ervlces p g Average Monthly Billable Hours For Both Yrs. is 67 FY 2001 FY 2002 ■ Atty > 10 yrs ❑ Atty > 5 yrs ❑ Atty < 5 yrs ■ Paralegal A r H r ve a e ou ost g Y . pecla ervlces Fiscal Total Total Average Hourly Year Special Billable Billable Cost Services Hours 2001 $98,172 610 $161 2002 $143,503 876 $164 • Estlmate Mont Hours Y . . enera ecla Le a ervlces p g General Services . . . Monthly retainer Negotiated retainer rate Estimated monthly General Legal Service hours Special Services Total � 15,400 �125 123 67 i'I • • In- A 1 Tim ouse va a e ta e • One attorney and one paralegal at 2,080 annual hours each divided by 12 months = 347 available staff hou�s pe� month 350 300 250 200 150 100 50 0 om arl s on o In- ous e p . . A 1 Tlm rr n va a e e vs. u e t . B 1 a e Hours Hours ■ In-house Available Hours ❑ Estimated Current Contractual Billable Hours IL ADMINISTRATIVE ANALYSIS Department heads recently engaged in a discussion regarding the advantages and disadvantages of implementing an in-house legal department, as compared to the current contractual arran ement. 1he tollowin chart retlects the com arison. ADVANTAGES DISADVANTAGES ✓ Cost savings. ✓ Technical expertise — outside firm has many attorneys, access to more resources. ✓ Increased accountability. ✓ Continuity — loss of history with new attorne . ✓ Increased daily supervision of legal ✓ Availability — will need back up when function. attorne is awa . ✓ Increased accessibility — department ✓ Independence — being in-house may would be on site, readil available. diminish ob'ectivit in worlc. ✓ Provide more legal oversight for daily administrative and o erational issues. ✓ De- oliticizes the function. ✓ Savings in time — quicker, more accessible on site, increased roductivit . ✓ Increased lcnowledge and understanding of dail o erations. ✓ Less reactive and more proactive in services and efforts to revent lawsuits. Listed below are some of the types of functions staff identified for an in-house attorney, which are included in the current contract under General Le�al Services: ■ Review and revise or redraft all proposed contracts, agreements, Resolutions, Ordinances or other documents or matters as to form and legal sufficiency submitted for consideration, recommendation to or approval by City Council, Planning and Zoning Commission, Code Enforcement, or any other board or committee. This would include reviewin� items prepared bv staff. ■ Perform legal research and provide legal opinions. ■ Coordinate with outside attorneys or special counsel and review their billings. ■ Assist with legal issues related to the daily operations of City departments. ■ Assist with policy and procedure development and implementation, including programs such as, for example, personnel and purchasing. ■ Provide guidance and oversight with the RFP process, pension prograin, insurance programs, and other programs related to City boards, committees and taslc forces. ■ Assist with all City development, planning, land use, zoning and code issues. ■ Assist with public records requests and management. ■ Represent the City in pre-litigation stages of cases. ■ Perform other duties as required by state law, City Charter or Ordinance. (11) Alsq as provided under General Legal Services of the current contract, the in-house attorney would be required to attend all regular, special and workshops meetings of: ■ City Council ■ Planning and Zoning Commission ■ Code Enforcement Special Master ■ Meetings with staff or departments ■ Intergoverrunental meetings (as needed) ■ Other City advisory board, committee or taslc force meetings (as needed) Listed below are some of additional types of functions staff identified for an in-house attorney, which are included in the current contract under Special Le�al Services: ■ Review for legal form and sufficiency all petitions submitted to the Growth Management Department for development orders, variances, exceptions, amendments or modifications to same. ■ Write original ordinances, resolutions, contracts or agreements. Currentiv, for exainple, Plannin� and Zonin� staff write a�proximatelv 50 — 60 ordinances a vear. ■ Provide legal advice and guidance on all special projects and major issues outside of the daily operations of the City, and assist with negotiating agreements. ■ Prosecute and defend all legal or administrative law actions where the City is a Party. ■ Attend and provide legal advice and representation in matters and cases involving the forfeiture, purchase or sale of any real or personal property. During the discussion with department heads, it was noted that the level of legal services provided by an in-house attorney are lilcely to increase as staff's access to these services increases, and as City operations continue to grow with the community. Having the attorney report to the City Manager would require a change in the City Charter. The following outside legal services would continue with the in-house attorney, and would not change from the current contractual arrangement: ■ Labor attorney (fees budgeted at $75,000 within Human Resources) ■ Attorneys selected and retained by the City's insurance carrier ■ Environmental attorney When the in-house attorney is unavailable (i.e., vacation, sick, seminars), staff recommended malcing arrangements with a firm or an attorney from a neighboring local government for bacic up services. He/she would be responsible for providing a contingency plan for such instances. Overall, staff found that the advanta�es of an in-house attornev outwei�h the disadvanta�es, especiallv in re�ards to providin� more access to and accountabilitv for le�al services and expenses. (12) IIL OPERATIONAL — PROPOSED TRANSITION PLAN Staff has drafted the following action plan for the transition from contractual to in-house legal services, for implementation pending City Council direction. The plan includes a 120 days notice to the City's current firm that would be required. Alsq to prepare for the creation of a new legal department, staff has begun to obtain job descriptions and salary information for City Attorney and Legal Assistant positions from several local municipalities. The dates and taslcs reflected below may change once the proposed new attorney is hired and assists with determining what is needed. TASK TIMELINE Provide 120 da s written notice to current firm. 10/18/02 Logistics - Set up office space, including computer, furnishings, 10/21/02 — 12/23/02 su lies, etc. Complete job description and open the recruitment process for in- 10/18/02 house attorne . Com lete recruitment/selection rocess for in-house attorne 1/15/03 (hire) lin lement recruitment/selection rocess for le al assistant 2/28/03 (hire) Transition worlc with current firm — review history, pending 1/15/03 — 2/21/03 liti ation, files, etc. Contract with current firm ends. 2/21/03 (13) Conclusion Staff will continue to loolc at how to improve efficiency and effectiveness in operations and administration for the upcoming year and future years. This is a continuous process that will evolve and change with the needs of the organization and priorities of the Council. This analysis is another step of that process, to find financial savings by loolcing at changing our method of service delivery, increasing direct lines of accountability, and improving the manner in which we manage our resources. Staff has applied the same approach to analyzing how we deliver legal services. Based upon this information, staff recommends implementing the plan to move legal services in-house. (14)