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Agenda Council Agenda 122001
City of Palm Beach Gardens Council Agenda December 20, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 20, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: a. Public Information Report VII. COMMENTS FROM THE PUBLIC: For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. Consideration of approving Minutes from the November 15, 2001 Regular City Council Meeting. b. Resolution 180, 2001 — Legacy Place Development Order- Parcel "D." Consideration of amending Condition #5 in Resolution 59, 2001, regarding signage and lighting plans for residential Parcel "D" within the Legacy Place Planned Community District at the northeast corner of Alternate AIA and RCA Boulevard. C. Resolution 184, 2001 — Gardens' Station Time Extension. Consideration of approving an extension of the build -out date for concurrency certification for property located approximately 215 feet from the intersection of RCA Boulevard and Northcorp Parkway, on the east side of RCA Boulevard, known as the "Gardens Station" Mixed Use Development; providing for a condition of approval. d. Resolution 185, 2001 — Frenchman's Reserve PCD -Golf Maintenance - Plat. Consideration of approving the Frenchman's Reserve PCD -Golf Maintenance -Plat. e. Resolution 186, 2001 - Frenchman's Reserve PCD — Plat "A" - Plat. Consideration of approving the Frenchman's Reserve PCD — Plat "A" - Plat. f. Resolution 187, 2001 — The Grande at Palm Beach Gardens — Plat. Consideration of approving The Grande at Palm Beach Gardens — Plat. g. Resolution 188, 2001 — La Posada — Plat. Consideration of approving the La Posada — Plat. h. Resolution 193, 2001 - School Crossing Guard Agreement. Consideration of awarding a "piggyback" contract for School Crossing Guard services to Action Labor and Staffing Connection. Purchase of Gator Vehicle with Sprayer and Top Dresser. Consideration of purchasing a Gator Vehicle with Sprayer and Top Dresser at a cost not to exceed $23,659.20. j. Resolution 192, 2001 - Grant of Quit Claim Easement to Frenchman's Reserve. Consideration of authorizing the Mayor and City Clerk to execute a Quit -Claim Easement to Binks Estates Limited Partnership over a portion f the Cabana Colony Canal. k. K -9 Transfer of Ownership - Consideration of transferring ownership of retired police K -9 Aran to Officer Glenn Wright 1. K -9 Transfer of Ownership - Consideration of transferring ownership of retired police K -9 Kris to Officer Robert Wummer. IX. PUBLIC HEARINGS: a. Ordinance 43, 2001 — Evergrene PCD (Second Reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Watermark Communities, Inc., requesting a re- zoning to Planned Community Development Overlay Zoning with a comprehensive land use designation of Residential Medium (RM), to allow for a 905 single - family and 132 multi - family dwelling unit residential community on 362.72 acres for a gross density of 2.86 dwelling units per acre, to be known as the "Evergrene" Community, located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate AIA, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. b. Ordinance 45, 2001 — Evergrene Excavation and Fill (Second Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Communities Finance Company for a Conditional Use to allow an excavation and fill operation within Parcels 4.03 and 4.05 generally located between Alternate AIA and Military Trail, and between Hood Road and Donald Ross Road, commonly known as the Evergrene PCD and more particularly described herein; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. X. RESOLUTIONS: a. Resolution 181, 2001 - Evergrene Parcel 4B. Consideration of approving a site plan application for "Parcel 4B" with a total of 77 single - family units and 63 multi - family units within the Evergrene PCD, located between Hood Road & Donald Ross Road and as more particularly described herein; providing for conditions of approval; providing for waivers. b. Resolution 182, 2001 - Evergrene Parcels 1, 2, & 7. Consideration of approving a site plan application for "Parcels 1,2 & &" with a total of 320 single - family units within the Evergrene PCD, located between Hood Road & Donald Ross Road and as more particularly described herein; providing for conditions of approval; providing for waivers. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 38, 2001 — Amendment to Swimming Pool Code (First Reading). Consideration of amending Chapter 86, "Buildings and Building Regulations," Article V, "Swimming Pools," of the City Code of Ordinances to clarify and update the regulations applicable to the construction of swimming pools; amending Sections 86 -117, 86 -150, 86- 177, 86 -179, 86 -181, 86 -182, 86 -184, 86 -193, 86 -227 and 86 -252; providing for codification; providing for severability; and providing for an effective date. b. Ordinance 46, 2001 — Alta Pines PUD (First Reading). Consideration of approving an application from WP South Development Company, L.L.C. DBA Wood Partners, as agent for DiVosta and Company, for a rezoning of a 24.68 acre parcel of land from PDA Planned Development Area to RH Residential High with a Planned Unit Development Overlay Zoning (PUD), to be known as "Alta Pines," by approving the construction of 264 multi - family units and accessory uses, located approximately %z mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. Interlocal Agreement for Baseball Field at Palm Beach Gardens High School. XIV. CITY ATTORNEY REPORT: 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 S 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. Public Information Monthly Report November 2001 Public Information Related Activities Television Report • Training for Terror Channel 12 November 5, 2001 Some of the written coverage included: • Jupiter council elects to give town manager big pay raise (Palm Beach Post) • Police: 18 -year old raped girl in Riviera Beach (Palm Beach Post) • Gardens commissioners question planners for surprise land cost (Weekday) • Greenacres woman wins ring rejected suitor gave to charity (Palm Beach Post) • Boyfriend might be real ring winner (Palm Beach Post) • Palm Beach Gardens -The grand opening of the PGA Commons community, from 10 a.m. to 4 p.m. (Palm Beach Post) • Palm Beach Gardens — The fire- rescue department will offer to residents an emergency response team course (Palm Beach Post) • New GardensArt Exhibits (PGA C.A.N.) • News From City Hall by Mayor Joe Russo (PGA C.A.N.) • PGA fireman, American Red Cross teach kiss of life ( Weekday) • Frenchman's Marina gets "Clean" designation (Palm Beach Post) • Palm Beach Gardens Elementary School at a glance (Palm Beach Post) • Gardens church wants city to lift rules on growth (Palm Beach Post) • Residents: Traffic,. parking are hassles (Palm Beach Post) • Palm Beach Gardens Planning and Zoning Board denies Christ Fellowship Church's request to add 70 seats, but lifts restrictions (Weekday) • Planned skate parks welcome addition to area (Palm Beach Post) • Round ball season Palm Beach Gardens (Palm Beach Post) • Turnpike interchange at Beeline Highway shouldn't wait for PGA fixes, planners say (Palm Beach Post) • Residents east of turnpike don't want new PGA plaza (Palm Beach Post) • Palm Beach Gardens — The city's fire- rescue department is looking for about 170 volunteers to help today and on Thanksgiving Day (Palm Beach Post) • Gardens considers mulligan on golf (Palm Beach Post) • Palm Beach Gardens: The city council took the following unanimous actions Thursday night: Gave preliminary approval to Gardens Corporate Center and gave preliminary approval to the new three -story, 40,900 -foot headquarters for the South Florida blood Banks (Palm Beach Post) • Schools: Change boundary lines to keep students living in Palm Beach Gardens' planned Mirasol development from attending two high schools (Palm Beach Post) • City scrambled for solutions on Shortage of crossing guard (Weekday) • City of Palm Beach Gardens Holiday Bazaar Friday, November 30th 9:00 am — 8:00 pm, & Saturday, December 1St 9:00 am — 4:00 pm, Burns Road Community Center (Weekday) • Renovation and re- routing begins in PGA Burns Rd. running trail (Weekday) • PBG Emergency Response Team Course November 28. (Weekday) • Tree Lighting and Holiday Concert Wednesday, December 5, 6:00 p.m. — 7:30 p.m.; Municipal Complex Plaza, 10500 North Military Trail, Palm Beach Gardens • (Weekday) • Lake Park town manager calls for a "fresh start" in settling conflicting annexation plans ( Weekday) Press Releases • On November 5 and 6, 2001, Ilex Circle North and south will be closed to thru traffic. • The City of Palm Beach Gardens Parks Department will begin renovation and re- routing of the Burns Road Running Trail beginning Monday, November 19, 2001. Special Event Permits • PGA Commons Grand Opening November 10, 2001 • Stella Marine Open House November 17 and 18, 2001 • PBCC Annual Plant Sale November 17 and 18, 2001 • Christmas Tree Sale Publix @ Fairway Drive November 24 - December 24, 2001 • Amara Shrine 25th Annual BBQ December 2, 2001 • 60th Birthday Party @ 4344 Hickory Drive December 8, 2001 • Holiday Promotion for Dunkin Donuts N. Military Trail December 10 - December 25, 2001 • Gold Bean Cafe Sales Promotion ending December 5, 2001 Public Information Projects • Published monthly edition of City Hall Gazette • Assisted Citizen Services with Neighborhood Program November 5, 2001 • Attended Florida Government Communicators Conference November 7 -9, 2001 • Attended Media Co -Op Monthly meeting at Channel 5 November 20, 2001 Citizen Services Related Activities COMPLAINTS / ISSUES /SERVICE REQUESTSANQUIRIES • Received and processed 5 complaints through the "One Stop Shop" phone number, 2 have been fully resolved and 3 are still outstanding. • There are now a total of 20 outstanding complaints in the Citizen Services Division, broken down as follows: • Fire -1 • Code Enforcement —3 • Parks & Rec. -3 • Public Works -12 • Police Dept. -1 • Processed, received, collated and filed 41 new (November) complaint forms forwarded from Public Works. Entered these complaints into CivicTracker database. • Processed 50 completed complaint forms from Public Works. • Maintained both complaint databases that included data entry for 60 new and completed complaints. NEIGHBORHOOD PROGRAM •. Held one Neighborhood Program meeting on November 5, 2'001. BIG PROGRAM • Received $500.00 this month so the total amount collected so far in the program is $26,200.00. VOLUNTEER PROGRAM • Utilized 26 volunteers for a total of 171 hours at a savings to the City of $2,445.30. • Processed 5 new volunteer applications. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING NOVEMBER 15, 2001 The November 15, 2001 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; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren.Furtado, and Councilmember David Clark. Chair Pro Tem Carl Sabatello was absent from the meeting. ITEMS AND REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado commented that the grand opening of The Commons had been wonderful and she hoped the residents would go there to appreciate its uniqueness. Vice Mayor Jablin reported that Art and Music in the Gardens had been a great event. Councilmember Furtado requested a banner honoring those serving in the armed forces. Councilman Clark said he had attended Art and Music in the Gardens, which was great, and had gone to The Commons to visit later after the opening. Mayor Russo reported he had attended a function with the Palm Beach County Sports Commission and they are trying to locate the Honda Classic to Palm Beach Gardens, which would be an economic boon for the City. The Mayor had also spoken to a representative from Jacobsens, and to Mr. King, developer of Legacy Place, and reported Jacobsens was very excited to be coming into the City. Mayor Russo reported he had attended an NAC meeting in BallenIsles and would attend in the future to advise those residents regarding the possible turnpike interchange. Representative Atwater and Commissioner Marcus were working on this matter, and residents were advised to attend MPO meetings. Discussion ensued regarding the fact that a location had not been chosen but rumors had circulated, creating concern by the residents. Mayor Russo welcomed student government members from Palm Beach Gardens High School. CITY MANAGER REPORT: Public Information Report - City Manager Ron Ferris announced that the report had been included in the meeting packets. Police Chief FitzGerald reported that police officers were staffing two crossing guard positions and a proposal to provide services would be presented at the next City Council meeting. Discussion ensued regarding double staffing. The Police Chief reported that three burglars had been identified in connection with BallenIsles burglaries, and that the 47% increase in crime in the City that had been reported was incorrect. Chief FitzGerald reviewed recent crimes, and indicated the increase was actually 7.5 %. COMMENTS FROM THE PUBLIC: Carol Estrada, 309 Riverside Drive, reported harassment by City employees of neighbors of hers walking dogs near Lake Catherine. Ms. Estrada reported difficulty in printing out information from the City's website. Ms. Estrada inquired whether employees were being paid double for working different jobs, to which Mayor Russo responded they were CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/15/01 2 not. Ms. Estrada requested a breakdown of the salaries of the City employees who worked on swales on her street and asked whether they received bonuses. The City Manager explained how the allocations were made, and commented that no bonuses had been paid. CONSENT AGENDA: City Attorney Len Rubin reported he had distributed a revised Resolution 171, 2001, item (d) on the Consent Agenda, which clarified the intent with no change in substance and requested that this revised resolution be adopted. Councilmember Clark moved approval of the Consent Agenda. Vice Mayor Jablin seconded the motion. The motion carried by unanimous 4 -0 vote. The following items were approved on the Consent Agenda: a. Consideration of approving Minutes from the October 18, 2001 Regular City Council Meeting. b. Resolution 167, 2001 - Crossroads at Northlake Plat. Consideration of approving the Crossroads at Northlake Plat. C. Resolution 168, 2001 — Renaming Road in San Michele. Consideration of approving the renaming of roadways within the plat of "San Michele" and directing the City Clerk to file this resolution in the Public Records of Palm Beach County. d. Resolution 171, 2001 - SEIU/NCF &O Contract. Consideration of approving and ratifying an agreement with the National Conference of Firemen and Oilers (SEIU) for the members for the fiscal year 2001 -2002; authorizing execution of the agreement. e. Resolution 172, 2001 — Benefits for Employees on Active Duty. Consideration of providing benefits to City employees called to active military duty. f. Resolution 173, 2001. Consideration of approving authorizing the Mayor and City Clerk to execute a joinder and acceptance to quit claim deed within the Mirasol PCD. g. Resolution 170, 2001 — BallenIsles -Pod 16A -Plat. Consideration of approving the BallenIsles Pod 16A -Plat. PUBLIC HEARINGS: Ordinance 39, 2001 — Mayor Russo declared the public hearing open held on the intent of Ordinance 39, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Tenet South Florida Health System for an amendment of a previously approved Planned Unit Development (Ordinance 35, 2000) for Palm Beach Gardens Medical Center, located at the Southeast corner of Burns Road and Gardens East Drive, as more particularly described herein; to grant a waiver from Section 78 -446 of the Land Development Regulations, and allow for issuance of a building permit prior to Plat recordation and to allow for additional time to submit a Public Facilities Agreement; providing for conditions of approval; providing for a waiver, for consideration of second reading and approval. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Clark made a motion to approve Ordinance 39, 2001 on second reading by title only. Vice Mayor Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 39, 2001 on second reading by title only. CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/15/01 3 RESOLUTION: Resolution 169, 2001 — Education Advisory Board Appointments and Reappointments. Consideration of appointing/reappointing members to the Education Advisory Board. Vice Mayor Jablin moved approval of Resolution 169, 2001 with the names Wayne Anderson, Anne Berg, and Ilene Gerber added in Section 1, and the names Judy Hanrahan, Nancy Krause- Laurie, Leslie Millar, James Panoch, Ron Sadaka, Charlotte Schiff, Murt Kakli and Jan Porter added in Section 2, the name John Gardner added in Section 3, and the name Helen Zintek added in Section 4. Councilmember Clark seconded the motion, which carried by unanimous 4 -0 vote. ORDINANCES: Ordinance 42, 2001 — Growth Management Director Charles Wu presented the project for Ordinance 42, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an application by AMA of South Florida, Inc., to amend phase 2 of the "Medical Mall' Planned Unit Development (PUD) (n/k/a The "Gardens Corporate Center "), located at the northeast corner of the intersection of PGA Boulevard and Alternate AlA, as more particularly described herein, in order to construct two (2) six -story office buildings and one (1) six -story parking structure; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date, for consideration of first reading. Ed Oliver, representative for the petitioner, provided a power point presentation of the revised project. Councilmember Clark moved that Ordinance 42, 2001 be placed on first reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 42, 2001 on first reading by title only. Ordinance 41, 2001 - Growth Management Director Charles Wu presented the project for Ordinance 41, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from South Florida Blood Banks for rezoning of 12.64 acres of land located on both sides of MacArthur Boulevard, on the north side of Northlake Boulevard (Parcels 12.04 and 12.05), as more particularly described herein, to a Planned Unit Development (PUD), and the approval of the "Banyan Tree" Master PUD Plan for Phase 1 of the PUD to construct an approximately 40,900 square -foot office building (Blood Bank); providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date, for consideration of first reading. Councilmembers expressed drainage concerns and concern of allowing Phase I to be built before presentation of Phase II. Attorney Steve Mathison, representative for the petitioner, South Florida Blood Banks and also the owner, Mr. Catalf imo, presented the project and addressed concerns. The Council indicated they would be willing to place this ordinance on first reading but they were not comfortable moving onto second reading without seeing what was planned for Phase II, and that it was not fair to the residents to allow Phase I to proceed without Phase II being presented. Applicant was advised to notify their donor, who had indicated funding would be withdrawn if approval was not received before year end, that the City Council would like to schedule second reading for their first meeting in January. Consensus was to hold a workshop at the December 6 meeting and to notify the residents to attend, and to try to work out timing for second reading after that. Councilman Clark made a motion to place Ordinance 41, 2001 on first reading by title only. Vice Mayor CITY OF PALM BEACH GARDENS REGULAR MEETING, 11/15/01 Jablin seconded the motion. During discussion of the motion Mayor Russo clarified that the City Council was moving this petition along on first reading to try to meet the petitioner's time schedule, but none of the Councilmembers were in favor of the project as currently presented per the comments that were previously made. Motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 41, 2001 on first reading by title only. ITEMS FOR DISCUSSION: Future Annexation Boundaries — Growth Management Director Charles Wu indicated Juno Beach did not agree with the proposed boundaries as presented by City staff. Discussion ensued. Direction to staff was to approach Juno Beach with a proposal for Palm Beach Gardens to keep the property along the west side of U.S. Highway One as proposed, and for Juno Beach to have Carl's Plaza and everything north of Carl's Plaza. Mr. Wu reviewed the proposed areas for boundaries with North Palm Beach that had been agreed to by staff but had not yet been considered by the North Palm Beach Council. Councilman Clark proposed the possibility of both Hidden Key and Hidden Key condominiums being in Palm Beach Gardens and Lost Tree Village being in North Palm Beach. Staff was asked to research whether the City had previously agreed not to annex the Hidden Key area. Mr. Wu reported conflicts with Lake Park regarding Garden Oaks annexing into the City, and that Lake Park staff had agreed to forgo those areas but their previous Council had not agreed, and this matter had not yet been considered by their new Town Manager and newly elected Town Council members. Mr. Wu indicated a cost and benefit analysis for areas under consideration for annexation was currently being prepared for review by City Council. CITY ATTORNEY REPORT: The City action by the Council. Attorney indicated there were no items for ADJOURNMENT: There being no further business to discuss, upon motion by Council member Clark, seconded by Vice Mayor Jablin, carried 4 -0, the meeting was adjourned at 9:10 P.M. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD, CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 20, 2001 Date Prepared: November 30, 2001 Subject/Agenda Item: Resolution 180, 2001, amending the development order for residential Parcel "D" at Legacy Place regarding the timing to approve signage and lighting plans. Recommendation /Motion: Staff recommends approval of Resolution 180, 2001. Reviewed by: Originating Dept.: Costs: $ N/A Council Action: City Attorney Planning Division Total [ ] Approved Finance $ N/A [ ] Approved w/ conditions Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: Paper: [ ] Other 1. Resolution 180, 2001 2. Development X ] Not Required application Growth Mgt. Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Mana r X ] Not required BACKGROU . On May 3, 2001, the City Council passed Resolution 59, 2001, approving a site plan for an apartment complex with 384 dwelling units on Parcel D at Legacy Place. Parcel D is located within the southern portion of Legacy Place at the northeast corner of Alternate A -1 -A and RCA Boulevard. Condition #5 of that resolution requires the project signage and lighting plans be reviewed and Legacy Place Parcel "D" City Council meeting: December 20, 2001 Date prepared: November 30, 2001 approved by the Planning and Zoning Commission and City Council prior to the issuance of the first building permit for vertical construction. To facilitate the issuance of the first building permit, Catalfumo Construction and Development, Inc., as the owner of the property, has requested to amend Condition #5 into two parts: allow administrative approval of the lighting plan prior to the issuance of the first building permit; and 2. allow the Planning and Zoning Commission and the City Council to approve the project signage prior to the issuance of the first Certificate of Occupancy. The petitioner indicates that the proposed amendments will allow the petitioner to maintain the project schedule. STAFF ANALYSIS: Staff supports the request for administrative approval of the lighting plans prior to the first building permit for vertical construction. The lighting plan is primarily a photometric plan that must comply with the City's land development regulations (LDRs). The heights of the light standards are also governed by the LDRs. The proposed light fixtures may be submitted to the City Council for approval if there is some concern about their appearance or incompatibility with the light fixtures proposed within the commercial area of Legacy Place. The building permits to construct the residential buildings should not be withheld until the Planning and Zoning Commission and City Council approves the project signage, as the two are not interrelated to each other. For this reason, the staff does not object to allowing approval of the project signage prior to the issuance of the first Certificate of Occupancy. RECOMMENDATION: Staff recommends approval of Resolution 180, 2001. 2 December 6, 2001 CITY OF PALM BEACH GARDENDS, FLORIDA RESOLUTION 180, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CONDITION 95 IN RESOLUTION 59, 2001, REGARDING SIGNAGE AND LIGHTING PLANS FOR RESIDENTIAL PARCEL "D" WITHIN THE LEGACY PLACE PLANNED COMMUNITY DISTRICT AT THE NORTHEAST CORNER OF ALTERNATE A -1 -A AND RCA BOULEVARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on May 3, 2001, the City Council passed Resolution 59, 2001, approving a site plan for a multifamily apartment complex with 384 dwelling units on Parcel "D" at Legacy Place; and WHEREAS, Condition #5 in the above resolution requires that the signage and lighting plans for Parcel D be approved by the Planning and Zoning Commission and City Council prior to the issuance of the first building permit for vertical construction; and WHEREAS, the City of Palm Beach Gardens has received Petition MISC -01 -20 requesting to amend Condition #5 in Resolution 59, 2001, to amend the timing requirements for approval of the signage and lighting plans for Parcel D at Legacy Place; and WHEREAS, the Growth Management Department is recommending approval of the above petition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: Section 1. Condition #5 in Resolution 59, 2001, which approves the site plan for Parcel D at Legacy Place, is hereby amended as follows, with str-i e aiat indicating deleted text and underline indicating new text: G Tho ..+ ., „mil ..1.. .,L,nll 1— „1- -+ first building porm'.1 1--r vcrti 5a. The project lighting plans shall be subject to review and approval by staff prior to the issuance of the first building permit for vertical construction. Resolution 180, 2001 .1 a December 6, 2001 5b. The project signage shall be reviewed by staff and approved by the Planning and Zoning Commission and City Council prior to the issuance of the first certificate of occupancy. Section 2. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 3. 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 4. This resolution shall take effect upon its adoption. PASSED AND ADOPTED THIS DAY OF 2001. (City Seal) MAYOR JOSEPH R. RUSSO ATTEST: APPROVED AS TO LEGAL FORM AND SUFICIENCY: CAROL GOLD, MMC LEONARD RUBIN CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON CLARK COUNCILPERSON FURTADO COUNCILPERSON SABATELLO g:sc \res \resolution 180, 2001 Resolution 180, 2001 2 CITY OF PALM BEACH GARDENS DEVELOPMENT APPLICATION Planning and Zoning Division Q 1' lrt � Growth Management Department 10500 N. Military Trail, Palm Beach Gardens, FL 33410 (561) 7994243 FAX (561) 7994281 Request ❑ Planned Community District (PCD) ❑ Planned Unit Development (PUD) ❑ Amendment to PCD, PUD or Site Plan ❑ Conditional Use ❑ Amendment to the Comprehensive Plan Development Order © Miscellaneous Condition Amendment ❑ Other (Explain) Project Name Legacv Place ❑ Annexation ❑ Rezoning ❑ Site Plan Review (Major) ❑ Site Plan Review (Minor) ❑ Concurrency Certificate ❑ Time Extension ❑ Administrative Approval FOR OFFICE USE ONLY Date 11/9/01 Petition Number: leL , t5 (- 3-0 Date & Time Received: Fee Application $ Receipt Number: Engineering $ Date Application Complete: Owner: PGA Gateway, Ltd. Applicant (if not Owner):__ PGA Gateway, Ltd. Agent (if not Owner): Ryan B. Johnston and Kenneth A. Blair Catalfumo Construction and Development, Inc. Agent's Mailing Address: 4300 Catalfumo Wav, Palm Beach Gardens, F1. 33410 Agent's Telephone Number: 561 - 694 - 3000 Fax Number: 561 - 691 - 5293 cif - a Pt&ce--- 0 Site Information: General Location: Northeast corner of Alt. AIA and RCA Boulevard Address: N/A Township: 42S Section: 6 Range: 43E Current Zoning: PCD Requested Zoning: No Change Current Comprehensive Plan Land Use Designation MXD Existing Use: Undeveloped / Wooded Requested Land Use: No Change Proposed Use (s) i.e. Hotel, single family residence, etc: Approved for Multi- family residential Proposed Square Footage by Use: Approved for 384 multi- family units under Resolution 59,2001. Proposed Number and Type of Dwelling Unit(s) i.e. single family, multifamily, etc. (if applicable): No Change Owner: PGA Gateway, Ltd. Applicant (if not Owner): PGA Gateway, Ltd. Agent (if not Owner): Ryan B. Johnston and Kenneth A. Blair Catalfumo Construction and Development, Inc. Agent's Mailing Address: 4300 Catalfumo Way, Palm Beach Ga-rdens . Florida 33410 Agent's Telephone Number: 561- 694 - 3000 FAX Number: 561 - 691 -_5293 Architect: Mouriz / Salazar and Associates Architect's Telephone Number: _ 305 273 _ 9911 FAX Number: 305 _ 273 _ 9424 Engineer: Michael B. Schorah _and Associates Engineer's Telephone Number: 561 - 968 - 0080 FAX Number: 561 - 642,1,- 9726 Planner: Urban Design Studio Landscape Architect: Urban Design Studio 2 Justification Explanation: Information concerning all requests (Attach additional sheets if needed) {Article III, Division I, Sections 23,24,25,26, of Land Development Regulations L Explain the nature of the request: This request is to amend Condition #5 of Resolution 59, 2001 to create Condition #5A, allowing staff - only approval of the Site Lighting Plan, and #5B mandating that project signage must be reviewed by staff and approved by the Planning and Zoning Commission and City Council prior to the issuance of the 1st Certificate of Occupancy. 2. What will be the impact of the proposed change on the surrounding area? There will be no impact of the proposed change on the surrounding area. 3 I 3. Describe how the rezoning request complies with the City's Vision Plan and the following elements of the City's Comprehensive Plan — Future Land Use, Transportation, Housing, Infrastructure, Coastal Management, Conservation, Recreation and Open space, Intergovernmental Coordination and Capital Improvement. N/A 4. How does the proposed project comply with City requirements for preservation of Natural resources and native vegetation {Division VII, Landscaping, Land Development Regulations. } N/A 4 5. How will the proposed project comply with City requirements for Art in Public Places? {Division V, Public Places, Subdivision I, Land Development Regulations.} N/A 6. Concurrency Certification? Yes, for 384 Multi - family Dwelling Units. Date Received: October 19, 2000 5 C Legal Description of the Subject Prouerty (Attach additional sheets if needed) As per Plat "Legacy Place" recorded in Palm Beach County Plat Book 90, Pages 119 through 121. Location The subject property is located ar - -„ - °�^ + ^'� Al- at the Northeast corner of Alt. AIA and RCA Boulevard. Property Control Number(s) of the subject parcel(s): 52- 43- 42- 06 -00- 000 -5140 6 Statement of Ownership and Designation of Authorized Agent Before me, the undersigned authority personally appeared Daniel S. Catalfumo Who being by me first duly sworn, on oath deposed and says: 1. That he orslte -is the fee simple title owner of the property described in the attached legal description. 2. That he or-she-is requesting approval of a Miscellaneous Petition. in the City of Palm Beach Gardens, Florida. 3. That he or-she-has appointed Ryan B. Johnston and Kenneth A. Blair to-acna- utlpxiied ag t in his or her behalf to accomplish the above. Catalfumo Construction and Development, Inc. �- 4300 Catalfumo Wav igna wner Street Address Daniel S. Catalfumo Print Name of Owner (561) 694 -3000 Telephone Number Sworn and subscribed before me this Palm Beach Gardens City, State, Zip Code (561) 691 -5293 Fax Number 8th day of November , 2001 0t&'hj' Aar Notary Public 7 My Commission Expires: �� °� a %,� Ann Bane Comt*�i� # 1'A0�9a Eapitps Oct 17. � %9!� Bonded � �'YO i,i�•��,, Admik Bonding Ca, %. Applicant's Certification I/We affirm and certify that Uwe understand and will comply with the land development regulations of the City of Palm Beach Gardens, Florida. Uwe further certify that the statements or diagrams made on any paper or plans submitted herewith are true to the best of my /our knowledge and belief. Further, I we understand that this application, attachments, and application filing fees become a part of the official records of the City of Palm Beach Gardens, Florida, and are not returnable. n Applicant is: $1921— n�re of Applicant � r ❑ Owner ❑ Optionee ❑ Lessee ®Agent ❑Contract Purchaser Ryan B. Johnston and Kenneth A. Blair Print Name of Applicant Catalfumo Construction and Development, Inc. 4300 Catalfumo Way Street Address Palm Beach Gardens, Florida 33.410 City, State, Zip Code (561).6914-3000 Telephone Number (561) 691 -5293 Fax Number 8 November 9, 2001 Parcel 28.01 Development Order Amendment Narrative Parcel 28.01 received site plan approval for 384 multi - family residential dwelling units on May 3, 2001 via Resolution 59, 2001 (attached). Condition 5 of the approving resolution states as follows: 5.) The project signage and lighting plans shall be subject to review and approval by staff, Planning and Zoning Commission, and City Council prior to issuance of the first building permit for vertical construction. This request is to amend Condition 5 of Resolution 59, 2001 to create Condition 5a and Condition 5b, which are proposed to read as follows: 5a.) The project lighting plans shall be subject to review and approval by staff prior to the issuance of the first building permit for vertical construction. 5b.) The project signage shall be reviewed by staff and approved by the Planning and Zoning Commission and City Council prior to the issuance of the 1 sc Certificate of Occupancy. The proposed amendments to Resolution 59, 2001 will allow the petitioner to maintain the project schedule while continuing to mandate that site lighting and signage must be reviewed by the City in order to move forward with the development. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 SUBJECT /AGENDA ITEM Petition MISC -01 -21 — Gardens Station Consideration of Approval: Resolution 184, 2001: a request by Jim Griffin, agent for John C. Bills Enterprise, for approval of a two -year time extension to the build -out date, with a new expiration date of December 31, 2003, for the Gardens Station located approximately 215 feet from the intersection of RCA Blvd. and NorthCorp Parkway, on the east side of RCA Blvd. RECOMMENDATION Staff recommends approval of Resolution 184, 2001. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Principal Planner _ Costs: $ Approved [ l PP Project Total [ ] APP. w/ conditions City Attorney Manager I [ ] Denied Kara Irwin $ [ ] Rec. approval Finance NA Current FY Rec. a [ ] PP. w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: [ ] Operating [X] Not applicable Submitted by: Advertised: Attachments: Growth I ro ag tnt I �, OJ4 Date: Paper: [X] Other NA • Resolution 184, 2001 • Letter of Request Directo _ �(Jj! • County Approval Charles K. Wu, AICP [X] Not Required Budget Acct. #: Approved by: City Manager NA [ ] None Affected parties: [ ] Notified [X] Not Required BACKGROUND On November 8, 1999, Palm Beach County Department of Engineering conditionally approved concurrency for the Gardens Station (RCA Drive MXD) development for the construction of a 3,500 square feet drive -in bank, 27,889 square feet general office, 12,390 square feet general commercial retail, and a 120 -room hotel. The approved traffic analysis set a project build -out date of December 31, 2001. Once conditional concurrency certification was received, the applicant submitted a mixed -use City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition MISC -01 -21 project for development approval; however, the applicant was not successful in planning a project using the mixed -use land use and zoning designation on the six -acre site. The applicant submitted for a land -use change from Mixed -Use to Professional Office (PO). Staff did not support the proposed land -use change, so the applicant withdrew the application and with staff's recommendation, decided to pursue a mixed -use development. TIME EXTENSION The City's Land Development Regulations require that the proposed development sufficiently comply with seven minimum criteria in order to be eligible for a time extension. The seven criteria include project design, permits obtained, recordation of plat, site improvements, public dedications, project marketing and economics. At this time, the applicant has not received approval for the development of the site, which is required to meet many of these criteria; however, the applicant has proceeded with good faith efforts to ensure the completion of the project. The applicant has retained many consultants to design the project and secure the approvals for the development. The applicant has invested time and money toward the approval of the project. Currently, staff is working diligently with the applicant to revise the application to meet the criteria of the current Land Development Regulations in regards to mixed -use development. RECOMMENDATION Staff recommends approval of the two -year time extension to the build -out date for the proposed "Gardens Station" Planned Unit Development, which will now expire on December 31, 2003. 2 November 29, 2001 RESOLUTION 184, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN EXTENSION OF THE BUILD -OUT DATE FOR CONCURRENCY CERTIFICATION FOR PROPERTY LOCATED APPROXIMATELY 215 FEET FROM THE INTERSECTION OF RCA BOULEVARD AND NORTHCORP PARKWAY, ON THE EAST SIDE OF RCA BOULEVARD, KNOWN AS THE "GARDENS STATION" MIXED USE DEVELOPMENT; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received a request from John C. Bills Enterprises, for approval of an extension of the build -out date approved by the City Engineer for the Gardens Station Concurrency Certification; WHEREAS, section 78 -72(b) of the City's Code of Ordinance requires that applicants for development approval receive concurrency certification from the City's Growth Management Department prior to Development Order approval; and WHEREAS, the applicant is seeking a two year extension of the build -out date for its Concurrency Certification, which expires on December 31, 2001; and WHEREAS, section 78 -77(b) of the City's Code of Ordinance authorizes City Council to grant a time extension pursuant to the criteria set forth therein, and the City Council determines that the applicant has made a good faith effort the seek review and approval of the proposed development. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby approves the request submitted by John C. Bills Enterprises and extends the build -out date for the Gardens Station Concurrency Certification to December 31, 2003. Section 2. The City Council's approval is based on the following condition being met, failure of which shall result in automatic revocation of the Resolution: (1) The applicant shall submit a complete application for development review to the Growth Management Director within 60 days of approval of this resolution. 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 INTRODUCED, PASSED AND ADOPTED THIS 20th DAY OF DECEMBER 2001. ATTESTED BY: CAROL GOLD, CITY CLERK VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY NAY ABSENT J ohn C BILLS Enterprises 4600 East Park Drive • Suite 201 Palm Reich Gardens, Fl. 33410 (561) 627 -4001 • Fax (561) 694•8709 November 26, 2001 Kara Irwin Growth Management Department City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Gardens Station - Concurreney Kara, Following an earlier Council meeting, at which we addressed the City's interpretation of MXD Zones, and the permissible uses and combinations therein, we determined it appropriate to withdraw our then - pending application for a land -use change, and proceed within the MEW guidelines. Subsequent to those events, we petitioned the Palm Beach County Traffic Engineer, to grant an extension of our Concurrency approval. This request was based upon the fact that we had diligently pursued development of the land, as evidenced by our formal application for site plan approval, which had progressed to the Planning & Zoning level, prior to our consideration of a land use change. At this time, we would like to proceed with the development process, and hereby request that the City of Palm Beach Gardens join the County, in granting us a two year extension. Thanks for your help in this matter. Highest Regards, James E Gniim Vice President Any information given herewith is ohrained from sources we -consider reliable. However, we are not responsible for misstatements of fact, errors, omissions, prior to sale, withdrawal from market, or change In price without notice. } ACN C �i0RI�% Department of Engineering and Public Works P.O. Box 21229 West Palm Beach, FL 33416 -1229 (561) 684 -4000 www.pbcgov.com ■ Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair Karen T. Marcus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman L "An Equal Opportunity Affirmative Action Employer" printed on recycled paper October 26, 2001 Ms. Kora Irvin Palm Beach Garden Growth Management Department 10500 Military Trail Palm Beach Gardens, FL 33410 RE: RCA Drive MXD Traffic Performance Standards Review Ms. Irvin: This letter is in response to our recent telephone conversation regarding the 2001 build -out date for the RCA Drive MXD. The traffic study for this project was prepared based on an assumption that the project would be completed by the end of 2001. This date is included in Al Federico's November 8, 1999 letter for references purposes. It is not intended to be a required build -out date for the project. I understand that this project is seeking a extension of the build -out date to 2003. Traffic Performance Standards approvals are given based on the assumption that the project will make a good faith effort to receive a development order and built consistent with the assumed build -out date. It is my understanding that this project has made a good faith effort to receive a development order, but has ben delayed to regulatory issues that were outside of their control. Based on this information, the Palm Beach County Traffic Division has no objection to extending the build -out date to the end of 2003. Please contact me if you have any questions regarding this issue. Sincerely, OFFICE OF THE COUNTY ENGINEER Dan Weisberg, P.E. Assistant Director, Traffic Division Masoud File: PBG990910 File: General - TPS - Mun - Traffic Study Review F: \TRAFFIC \apt\TPS \99046APP2.WPD - TAZ 100 �•6_ r., 30. Pi SENT BY: HP LASERJET 3150; Department of Engineering and Public works PO. Box 21229 (West Palm Beach, FL 55416 -1229 (561) 684 -4000 www.co.pa1m-beach.f1.u,s ■ Palm Beach County Board of County Conuniamioner s Maude Ford Lcc, Chair Warren H. Newell, Vice Chairman Karen T. Marcus Carol A. Roberts Mary Mccarry Burt Aaronson Tony Masllout County Administrator Robert Weisman 'An Equar Opportunity Affirmd&i ,6 Action Employer, Wp,1M0d on recycled paper 5617094281; OCT -17 -01 5:21PM; PAGE 212 99 405o November 8, 1999 Sean Donahue, P.E. Lindahl, Browning, Ferrari & Hellstrom, Inc_ 3550 S.W. Corporate Parkway Palm City, FL 34990 RE: RCA Drive MXD Traffic Performance Standards Review Mr. Donahue: - Mn NOV 12 1999 CITY The Palm Beach County Traffic Division and MTP Group, Inc'. have completed a Coordinated Review of the revised traffic study (dated October 28, 1999) for the project entitled RCA Drive MXD pursuant to the Traffic Performance Standards in Article 15 of the Palm. Beach County Land Development Code. The project is summarized as follows: Location: RCA Boulevard, east of Alternate A -1 -A (SR 81) Municipality: Palm Beach Gardens Proposed Use: 1.) Drive -in Bank (3,50 sf) z) Hotel ' (120 rooms) 3) General Office (27,889 sf) 4) General Commercial Retail (12,390 sf) New Trips: . 2,881 trips per day Buildout: 2001 Based on our review the Traffic Division has determined that the project meets the Traffic Performance Standards of Palm Beach County. Provided, however, this approval is expressly contingent upon phasing the project to the widening of Alternate A -1 -A,, from PGA Boulevard to Hood Road. Specifically, no building permits for development generatine rnore than 1.550 new trips per day may be approvgd prjQr tp the lettine of the contract for the Alternate A -1 -A widening. In the event this does not happen this approval shrill be null and void. Please contact me if you have any questions regarding this review. Sincerely, OFFICE OF THE COUNTY ENGINEER ederic Senior tic Engineer CC" Maria Palombo, P. E- -. MTP Group, Inc, Joseph Pollack, Jr., RE. - Mmloy -Horn and Araxociates, Inc, File: Qvtutral - TPS - Mun - TraMe Study Review F: \TRAFFIC: \ept\tpa \99046app.wpd - TA7, lOp r CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: December 5, 2001 Meeting Date: December 20, 2001 Subject/Agenda Item: Resolution 185, 2001 - Frenchman's Reserve PCD - Golf Maintenance -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney Growth Management (Total) [ ] Approved Finance J10LQ_ %. QA, $ 0 Current FY [ ] Approved w/ conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other mid b� c P.E. Assistant City Engineer Affected parties [ Notified Budget Acct. #: [ ] None Approved by: City Manager [X] Not required BACKGROUND: See attached memorandum. L br INC CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES 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.lbfh.com MEMORANDUM TO: Carol Gold -City Clerk ��1� FROM: Sean C. Donahue, PE`S'O' DATE: December 6, 2001 FILE NO. 01 -4185 SUBJECT: Frenchman's Reserve PCD -Golf Maintenance Plat We have reviewed the plat for the referenced project prepared by Wantman Group, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Based on our review, we have no engineering concerns with this plat, therefore, we recommend its approval. SCD/ PAPROJECTS\PB GMEM0\4185\4185r RESOLUTION 185, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE FRENCHMAN'S RESERVE PCD — GOLF MAINTENANCE PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Frenchman's Reserve PCD — Golf Maintenance 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Frenchman's Reserve PCD — Golf Maintenance Plat consisting of two (2) sheets dated August 2001, prepared by Wantman Group, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 185, 2001 Page 2 of 2 VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello 0 11 01 0 A $ E 0 1 1" Oil 01. PI H. qq ti ' p '= ffe.r✓ I�I�I�It a_ F 4 Y or $� a� S UP � RUN-7 N: Rg` 8 Rh h- ' 2R�a F.A. 2J' I gs� E � a. s� C Y I Ilk� I msa P. -!E �e JiR� sa m $��Am'. ITA !11M W11 HIP np: gg� >B 7gAf S W:;"; RWn SRS 511 q Yg$ 0-9> Al 111ma.. 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Reviewed by: City Attorney Originating Dept.: Growth Management Costs: $ 0 Total) Council Action: [ J Approved flwth ryfa Approved w/ Finance (� y4�12 I�.. Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other ,Submitted by can C. Donahue Assistant City Engineer Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [X] Not required BACKGROUND: See attached memorandum. L bf NNC CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES 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.lbfh.com MEMORANDUM TO: Carol Gold -City Clerk ,.�,n FROM: Sean C. Donahue, PEO-'" l DATE: December 6, 2001 FILE NO. 01 -4189 SUBJECT: Frenchman's Reserve PCD -Plat "A" Plat We have reviewed the plat for the referenced project prepared by Wantman Group, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Based on our review, we have no engineering concerns with this plat, therefore, we recommend its approval. SCD/ PA\PROJECTS\PB GMEMO\4189 \41890 RESOLUTION 186, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE FRENCHMAN'S RESERVE PCD — PLAT "A" PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Frenchman's Reserve PCD — Plat "A" 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Frenchman's Reserve PCD — Plat "A" Plat consisting of three (3) sheets dated November 2001, prepared by Wantman Group, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. 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Mce el 1uI;IW A I0I�IN �IE m 9 Q I� 58834'78 1852.8' (BcMWC BAff) ..R�niliiaaarq i 7 T .p � C) p. a� 3G6GFiAF'R��Rp����Pb 4 o � L 3 R�R70.Dp' / I � pp y� r t w vuvimCie 'w 1337 317 wmw SAM3 INIIX IbI Ii a,; \ \ \ 1 \ l I N pp Iy�y N S I I I II i I i, .I II II 4 ;a,agl�gm I I ' 1IM Sf-1, i 0 m z z rn p� n o 9 n> ve `n= ��zsg T�I o7n vy >'�' � ta I � v a® A g4 CITY OF PALM BEACH GARDENS CITY':COUNCIL Agenda Cover Memorandum Date: December 6, 2001 Meeting Date: December 20, 2001 Subject/Agenda Item: Resolution 187, 2001 -The Grande at Palm Beach Gardens -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney Growth Management (Total) [ ] Approved rr II� $ 0 [ ] Approved w/ Finance Q�/�2�. �C.� Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other .Submitted bye Sean C. Donahue, P.E. Assistant City Engineer Affected parties [ ] Notified Budget Acct. #: [ ],None Approved by: v/ City Manager [X] Not required BACKGROUND: See attached memorandum. L h CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES 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.lbfh.com MEMORANDUM TO: Carol Gold -City Clerk FROM: Sean C. Donahue, PEW) DATE: December 6, 2001 FILE NO. 00 -4125 SUBJECT: The Grande at Palm Beach Gardens Plat We have reviewed the plat for the referenced project prepared by Peninsula Land Surveyors, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Based on our review, we have no engineering concerns with this plat, therefore, we recommend its approval. SCD/ PA\PR0JECTS\PBGMEM0\4125 \4125zb RESOLUTION 187, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE GRANDE AT PALM BEACH GARDENS PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed The Grande at Palm Beach Gardens 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of The Grande at Palm Beach Gardens Plat consisting of FOUR (4) sheets dated February 2001, prepared by Peninsula Land Surveyors, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 187, 2001 Page 2 of 2 VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello CZ�AmD• y 2 D" C cDl N m �C Z m N.Z mmV d9fA- 1 m NiZ '1 P 'AD'"V C �Z j Zb2mD -1 L m 1 2 NN y y3yN.:ml rA1C'1 tA'1 �<Am D Ad^m"Z<N AA3• y m a N 2 N L cl Z(c]❑ 3ANr ZDNz ZmGZ1Z3fD/i NVD Z - -•-~ 2 D A D fw�1C ClZ wA N CAD �. 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Z r a �C�ZvI A II M � u/ O �I cn raj O Z L�m(/) DLn 2 D m W M �Z . C m -I C Z o n (n r- _ M C) p. vii pmN D ^_ c O Z M �Z -n m m 6 w +' D � CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: December 6, 2001 Meeting Date: December 20, 2001 Subject/Agenda Item: - Resolution 188, 2001 -La Posada -Plat Recommendation/Motion: There are no engineering concerns with this plat, therefore we recommend,its approval. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney Growth Management M,,anagelm�,ent (Total) [ ] Approved t $Currrrent Approved w/ Finance V' l .°� ,K- , FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other ,Submitted �. I NA Sean C. Donahue, P.E. Assistant City Engineer Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: / City Manag [X] Not required BACKGROUND: See attached memorandum. 1!bLf h C CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES 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.lbfb.com MEMORANDUM TO: Carol Gold -City Clerk FROM: Sean C. Donahue, PE CO) DATE: December 6, 2001 FILE NO. 00 -4115 SUBJECT: La Posada Plat We have reviewed the plat for the referenced project prepared by Brown & Phillips, Inc. The plat was reviewed for technical compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Based on our review, we have no engineering concerns with this plat, therefore, we recommend its approval. SCD/ PA\PROJECTS\PB GMEMO \4115\4115 t RESOLUTION 188, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE LA POSADA PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the La Posada 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. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the La Posada Plat consisting of four (4) sheets dated September 2001, prepared by Brown & Phillips, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 188, 2001 Page 2of2 VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello _o xmm 2 r,Z fN'1 ?tA ° MP 0 'a V z rz CACD x ti a' cZ ADmm =mom Z OxOO. N rtI >Mm10 D ZD� DZ S ��<<D <T< f0*t= m� <0. Tim m O�A� *O1D m�D m mI�*1 Ay m OWf+tm �� -Im °O0 OF.y AO° 0 rmD mN -� >� 00 Z A Z >z. 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N °m D DD Zi mpy I I I A N -IO0_K mmZO z m ° O D < m O I O Z Z N cw::'O °O5 m -zi DN0 I 0 N W K0 pO m 2Nmom i I I DiI Mo O m W W N r L oz m - o m0 m Z I mD<OA -In01 y,m- D�m�DDNA u N ji °y ��O°DZZI p._020mozA om*1�N Sz OI -Dl�m Dmo,omml Z1 >1 OmS�N A° SI -Iz r,,-. omj m =O KZ, zlgz - '< m N m � Oy Z CD m-N NI - mD- /D z A- Rm Hw Y' D - S Up, l ° gmD F.O O n i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: Date Prepared: 11/07/2001 Subject /Agenda Item: Proposed Privatization of School Crossing Guard Program Recommendation/Motion: Staff recommends contracting with Staffing Connection and Action Labor for School Crossing Guard services. Reviewed by: Originating Dept.: Police Costs: $125,000.00 Council Action: City Attorney _ Total [ ] Approved Finance $125,000.00 [ ] Approved w/ conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ X ] General Fund Paper: [ ] Other Crossing Guard Schedule Staffing Connection & Action Labor Proposal City of Lauderhill [ x ] Not Required Agreement Sub : Dep ent Director Affected parties otified Budget Acct. #: 01- 1040 - 521.3150 [ ] None Approvedl y: City Ma a r [ X ] Not required BACKGROUND: For many years, the City has struggled with the problem of not being able to recruit enough school crossing guards to provide the necessary coverage at our Elementary and Middle schools. We provide all of the necessary uniforms and equipment, as well as a State Certification training program. Even after raising the pay rate for crossing guards to the top level in Palm Beach County, we still have seven full positions that we fill with police officers twice a day. These vacancies do not include any additional posts that are required to be covered due to vacations or illnesses on the part of the remaining guards. We have not been able to fully staff our crossing guard program in over eight years. The closest we have ever come to being fully staffed was only two vacancies. The police officers used to fill the current vacancies would normally be assigned to traffic- related duties. As a result, there are no police traffic units available for morning rush hour traffic enforcement duties due to their responsibilities for these school- crossing posts. Because there are only five available traffic officers during the morning rush hour, several patrol officers are also being used to cover vacant school crossing posts. This drastically reduces the number of available officers for calls and service in our City during one of the busiest times of the day. The same can be said for the afternoon crossing posts, when officers are required to man their posts from 2:OOPM to 4:OOPM each school day. During the last two weeks of the previous school year, officers covered nine posts each day or a total of 36 man -hours each day. The cost of paying police officers to cover these posts each day instead of school crossing guards is very high, in both salary considerations and the loss of services during those hours. DISCUSSION: The Florida Department of Transportation provides a directory of agencies within the State that are certified to conduct school crossing guard programs. There are only two private agencies within 100 miles of Palm Beach County that are listed in the directory. One is Adecco Employment Agency, 6700 North Andrews Avenue, #100, Ft. Lauderdale, Florida 33309 (local number 561- 832 -2555 Carrie Chadwick). Adecco Employment Agency declined to submit a proposal for this contract, stating that the liability involved in operating this program prohibited them from participating at this time. The second is Staffing Connection & Action Labor. Staffing Connection & Action labor has a local office at 900 Osceola Drive, Suite 222, West Palm Beach Fl. 33409 (Phone: 561- 683 - 1211). They did provide a proposal for this contract. The School Crossing Guard program operated by Staffing Connection & Action Labor was formerly owned by Oasis Staffing, a Wackenhut Company. Staffing Connection & Action labor purchased the operation including all existing contracts from Oasis Staffing effective November 5, 2001. On July 27, 1999, the City of Lauderhill, Florida initiated a RFB, #99 -020 to contract for school crossing guard services. City of Lauderhill Resolution #99R -7 -149 awarded the bid for those services to Oasis Staffing for one year, with the option to renew the contract for a maximum of two additional years. This contract is still in full force and effect, and is now the property of Staffing Connection & Action labor. We would propose to "Piggy- back" on this contract to acquire school crossing guard services for our City. A copy of the agreement between the City of Lauderhill, Florida and Oasis Staffing (Staffing Connection & Action labor) is attached. Staffing Connection & Action labor has a local office and is willing to contract with the City to provide school crossing guards services. Preliminary figures indicate that their contract for the remainder of this fiscal year (200112002) will cost $125,000.00. The proposed contract will guarantee the City that all posts will be filled each day and includes a paid supervisor to check the posts twice daily. The Police Department would no longer be required to cover vacant posts. The Police Department would spend a projected $117,000.00 if it is required to use police officers as crossing guards. This figure is above and beyond the cost of paying the remainder crossing guards under the allotted budget. You can easily see that the actual cost for the City to fund the school crossing guard program is much higher that the cost proposed in the Staffing Connection & Action Labor proposal. Under the Fiscal Budget account #01- 1040 - 521.3150, we have budgeted over $201,000.00 for School crossing guards this year, more than required under this proposal. Staffing Connection & Action Labor managers have more than nine years experience in administering school crossing guard programs in Broward County. Those contracts include Pompano Beach, Tamarac, Coconut Creek and Oakland Park. Staffing Connection & Action Labor is the only provider of a State Certified School Crossing Guard program in Palm Beach County. Staffing Connection & Action Labor proposes to hire all of our current guards at their current rate of pay and hire additional guards to fill all existing vacancies. They will have five substitutes available at all times and also provide a supervisor to check the posts at least twice daily. Contracting for school crossing guard services will provide guaranteed coverage at our schools and free up traffic unit officers to conduct enforcement activities during the peak morning rush hours and afternoon hours when schools dismiss. The increased availability of traffic enforcement officers during these times will greatly improve the quantity and quality of the enforcement effort in our City. RECOMMENDATION: Staff recommends contracting for school crossing guard services with Staffing Connection and Action Labor for the remainder of this fiscal year 2001/2002 at a cost of $125,000.00, funded from account #1040 - 521.1530. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 193, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AWARDING A "PIGGYBACK" CONTRACT FOR SCHOOL CROSSING GUARD SERVICES TO ACTION LABOR AND STAFFING CONNECTION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City wishes to contract with a private agency to provide school crossing guard services; and WHEREAS, section 2 -294 of the City Code of Ordinances permits the City to "piggyback" an agreement awarded by another governmental agency pursuant to a competitive sealed bid; 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 award a contract for school crossing guard services to Action Labor and Staffing Connection, as successor to Oasis Staffing Services, based on an agreement dated July 27, 1999 and executed by the City of Lauderhill, Florida. 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 awards a contract for school crossing guard services to Action Labor and Staffing Connection and "piggybacks" the Agreement for School Crossing Guard Services executed between Action Labor and Staffing Connection, as successor to Oasis Staffing Services, and the City of Lauderhill, Florida, a copy of which is attached hereto as Exhibit "A" and is incorporated herein by this reference. Said Agreement shall be effective upon adoption of this Resolution and receipt of written confirmation executed by a duly authorized officer of Action Labor and Staffing Connection that the company agrees to be bound by the terms and conditions specified therein. 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 -1- 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 12001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- SCHOOL CROSSING GUARD SCHEDULE 2001 —2002 PALM BEACH GARDENS ELEMENTARY Cavalier, John. Riverside /Holly Dr 715 -815AM 145 -300PM (21A) O'Brien, R. Dahlia/Holly Dr 715 -815AM 145 -300PM (2'/4) Costa, Theresa. Dogwood/Holly Dr 715 -815AM 145 -300PM (21/,) Kudlicka, Barbara. Ironwood/Holly Dr 715 -815AM 145 -300PM (2 Y4) Denson, Manual. Gardenia/Holly Dr 715 -815AM 145 -300PM (2 '/4) Pierce,Alice. Daphne /Holly Dr 715 -815AM 145 -300PM (2 '/4) VACANT Daisy /Holly Dr 715 -815AM 145 -300PM (2-/,) Hanscom, Ethel Burns /Riverside Dr 715 -915AM 145 -430PM (43/4) HOWELL WATKINS MIDDLE SCHOOL O'Brien, R. Riverside /MacArthur 815 -915AM 300 -430PM (2 1/2) Pierce, Alice Front of School 815 -915AM 300 -430PM (2 1/2) Cavalier, John Lighthouse /Holly Dr 815 -915AM 300 -430PM (2 1/2) Costa, Theresa. Dogwood/Holly Dr 815 -915AM 300 -430PM (2 1/2) Denson, Manuel Gardenia/Holly Dr 815 -915AM 300 -430PM (2 1/2) Kudlicka,Barbara Lighthouse /MacArthur 815 -915AM 300 -430PM (2 1/2) DeYonks, John Lighthouse /AIA 715 -915AM 200 -430PM (4 1/2) Feliciano, Ismael Lighthouse /AIA 715 -915AM 200 -430PM (4 1/2) O'Brien, Jerry MacArthur/Northlake 715 -915AM 200 -430PM (4 1/2) Bowers, G. MacArthur/Northlake 715 -915AM 200 -430PM (4 1/2) Hanscom, Ethel Riverside/Lighthouse 715 -915AM 200 -430PM (4 1/2) ALLAMANDA ELEMENTARY SCHOOL VACANT Allamanda/Sienna Oaks 715 -815AM 145 -245PM (2) VACANT Burns Road/Gardens E. 715 -815AM 145 -245PM (2) ALTERNATES None 900 Osceola Drive Ste 222 West Palm Beach, FL 33409 p:561.683.1211 800.886.8109 f: 561.683.3373 OCTOBER 29, 2001 PALM BEACH GARDENS POLICE DEPARTMENT 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: Sgt. Glen Brown: Dear Sgt. Brown: I have enclosed for your review, information pertinent to moving ahead with the prioritizing of the PALM BEACH GARDEN'S SCHOOL CROSSING GUARDS to ACTION LABOR AND STAFFING CONNECTION. We officially begin the transformation from OASIS to ACTION LABOR AND STAFFING CONNECTION on Monday, November 5th, 2001. We are successfully bringing all current contracts with us to ACTION LABOR AND STAFFING CONNECTION effective November 5th, 2001. We look forward to hearing and working with you very shortly. Should you have any questions, please contact me at 954- 315 -2100 as we will remain in the Ft.Lauderdale office of Oasis Staffing, until we secure a new location in this area. Sincerely, CAROLE S. GREENICH Manager ACTION PLAN FOR CROSSING GUARDS -PALM BEACH GARDENS UPON NOTIFICATION OF AWARDED CONTRACT: A) Obtain from PALM BEACH GARDENS (if not a current client) names, address's, and phone numbers of all School Crossing Guards and substitute School Crossing Guards. B) Notify all PALM BEACH GARDENS Crossing Guards to set appointments for registration with ACTION LABOR/STAFFING CONNECTION. C) Do background and reference checks on all newly registered School Crossing Guards hired through ACTION LABOR/STAFFING CONNECTION. D) Recruit within PALM BEACH GARDENS at home owner associations, local organizations and advertise in local publications for School Crossing Guards. E) A bonus program is available to all School Crossing Guards who refer individuals for open post positions - $40.00 after a new guard has worked a total of 40 hours. SCHOOL CROSSING GUARD TRAINING: A) Ensure that all School Crossing Guards have been trained to the "Florida School Crossing Guard Training Guidelines" before post assignment. 1) Facilitate School Crossing Guard Training as required by "Florida School Crossing Guard Training Guidelines ", sessions to be held weekly until all guards are trained. 2) Maintain School Crossing Guard Training as required for all new personnel hired, scheduled on an "as need basis." 3) After January 1" institute School Crossing Guard annual retraining course to ensure all School Crossing Guards are retrained. B) All School Crossing Guard Supervisors must be State Certified by the Florida Department of Transportation. NOTIFICATION TO SCHOOLS: A) Send letter of introduction /notification to each school principal, advising who the contact person is at ACTION LABOR/STAFFING CONNECTION. This will serve as a reference for the School Resource Officer or any parent wishing to contact our office. B) Leave fliers at the school office and or article in school newspaper for recruitment of parents as School Crossing Guards. SCHOOL CROSSING GUARD MAINTENANCE: A) Each PALM BEACH GARDENS School Crossing Guard will be issued an ACTION LABOR/STAFFING CONNECTION name tag, which must be worn while on their respective post assignment. B) The School Crossing Guard Supervisor will be responsible to verify the covering of all posts each day and that the School Crossing Guards are on their posts for the required time frame. C) An ACTION LABOR/STAFFING CONNECTION School Crossing Guard Liaison will travel with the supervisor on a periodic schedule, to ensure that policies and procedures for School Crossing Guards are being met. D) An ACTION LABOR/STAFFING CONNECTION School Crossing Guard Liaison will meet with the Crossing Guard Supervisor on a weekly basis, to verify time is being reported correctly and be proactive to any situations that may arise. EXPLANATION AS TO WHY ACTION LABOR/STAFFING CONNECTION IS QUALIFIED TO PERFORM CROSSING GUARD SERVICES FOR PALM BEACH GARDENS ACTION LABOR/STAFFING CONNECTION is extremely qualified to do CROSSING GUARD SERVICES as they have the highly qualified team of CAROLE S. GREENICH AND BARBARA DAMICO, who currently handle nine (9) city contracts throughout Broward and Lee County. Both CAROLE GRRENICH AND BARBARA DAMICO are STATE CERTIFIED SCHOOL CROSSING GUARD TRAINERS since 1992 and are considered by many, to be the best knowledgeable outside contractors Of SCHOOL CROSSING GUARD SERVICES in the Broward Area. Their DEDICATION and COMMITMENT when dealing with human lives on a daily basis, is superior to none. ACTION LABOR/STAFFING CONNECTION has opened a separate division to handle SCHOOL CROSSING GUARD CONTRACTS. The very unique recruitment skills of the staff, has made it possible to staff each and every post with a CROSSING GUARD, avoiding open corners, where in a moments notice, a tragedy could occur. Accessibility to both CAROLE S. GREENICH and BARBARA DAMICO was extremely important, not only to the CROSSING GUARDS, but to the cities as well. All calls were answered quickly and whatever action needed to be taken, was done so swiftly. As a matter of record, CAROLE GREENICH AND BARBARA DAMICO provide CROSSING GUARD SERVICES TO THE CITIES OF TAMARAC, POMPANO, LAUDERDALE LAKES, LAUDERHILL, COCONUT CREEK, OAKLAND PARK, NORTH LAUDERDALE AND LEE COUNTY SHERIFF'S DEPARTMENT. As of October 2001, this division is in negotiations with additional cities throughout Florida, for Crossing Guard Services. ACTION LABOR/STAFFING CONNECTION was founded in 1986 by Ms. Karen Hoover in Gainesville, Florida, to provide reliable temporary labor for diverse industries. The company has steadily grown to over twenty offices, located throughout the Southeastern United States and Puerto Rico. Thousands of employees are successfully placed with our satisfied customers each month, making ACTION LABOR/STAFFING CONNECTION a major force in the temporary staffing industry. We are first in the field in Safety Training, providing Safety Incentive Bonuses and Exceptional Temporary Employee Benefits. ACTION LABOR/STAFFING CONNECTION has received many honors and awards, and has been featured in regional publications such as the SOUTH FLORIDA BUSINESS JOURNAL, FLORIDA TREND MAGAZINE AND WORKING WOMAN'S MAGAZINE. We actively participate in community organizations and charities, helping to promote fair and honest employment practices. ACTION LABOR/STAFFING CONNECTION is a proud member of the National Safety Council and the South Florida Construction Safety and Health Partnership (C.A.R.E.P.) We take full responsibility and a leadership role in providing a sound Safety and Health Program, and for ensuring its effectiveness in maintaining safe working conditions. ACTION LABOR/STAFFING CONNECTION believes in the honor and dignity of a job well done, and we foster pride and purpose in our trusted employees, to the benefit of our valued customers. INFORMATION PERTINENT TO CONTRACT SERVICES FOR SCHOOL CROSSING GUARD -PALM BEACH GARDENS. 1. WILL CURRENT GUARDS BE ABSORBED BY THE OASIS STAFF? All current guards will be given the first opportunity to remain and become employees of ACTION LABOR AND STAFFING CONNECTION. We would also value any input from THE PALM BEACH GARDENS POLICE DEPARTMENT regarding exceptional guards that might be used in a supervisory capacity. 2. WHO WILL PROVIDE THE TRAINING OF THE GUARDS? CAROLE S. GREENICH, MANAGER AND BARBARA DAMICO, RECRUITMENT SPECIALIST, are Florida Department of Transportation Certified Crossing Guard Trainers, and conduct all formal training of new and present crossing guards. 3. WHO WOULD PROVIDE LIABILITY AND WORKMEN'S COMPENSATION UNSURANCE? ACTION LABOR AND STAFFING CONNECTION will provide LIABILITY AND WORKMEN'S COMPENSATON as we do in other cities. THE PALM BEACH GARDENS POLICE DEPARTMENT will be named as an additional insured. 4. IS THERE COVERAGE IN THE EVEN' A GUARD DID NOT SHOW FOR A POST? A supervisor will be provided for all guards to report directly to. This allows ACTION LABOR AND STAFFING CONNNECTION to control on a day to day basis the attendance /punctuality of all guards. We will have at least five (5) substitutes available at all times and the supervisors will also be available to fill in where needed. Each guard will have the supervisor's phone number and ACTION LABOR AND STAFFING CONNECTION has a twenty -four hour answering service, in the event a guard has a problem during non - working hours. 5. WHO WOULD THE CONTACT PERSON BE AT ACTION LABOR AND STAFFING CONNNECTION FOR PROBLEMS? CAROLE S.GREENICH AND BARBARA DAMICO. We currently receive support from either the Police Service Section or Code Enforcement from all contracted cities. We would expect a contact person from THE PALM BEACH GARDENS POLICE DEPARTMENT to be available for any needs that may arise. 6. WOULD SUMER SCHOOL COVERAGE BE PROVIDED? Currently all contracts cover summer school and would apply to PALM BEACH GARDENS School Crossing Guards if applicable. 7. HOW WOULD THE PAY SCHEDULE WORK? All employees are paid on a weekly basis upon submission of a group time sheet by the supervisor. All time sheets must be into our office on Monday by noon. Each employee has the option to have it mailed or do direct deposit. 8. WHAT WOULD BE THE BILLING TERMS FOR THE CITY? ACTION LABOR AND STAFFING CONNNECTIONS accounting department works very closely with each city on any invoicing problems that may occur. ALL INVOICES ARE BILLED ON A WEEKLY BASIS AND PAYMENT IS EXPECTED AT LEAST TWICE A MONTH. All cities adhere to this schedule. 9. WHAT WOULD BE THE LENGTH OF THE CONTRACT? This would be up to the discretion of THE PALM BEACH GARDENS POLICE DEPARTMENT. Other contracts range from three years with two, one year renewals or one year with, two -three year renewals. MEETING REQUIREMENTS: EQUIPMENT: ACTION LABOR/STAFFING CONNNECTION DOES NOT PROVIDE EQUIPMENT TO CROSSING GUARDS. CURRENTLY IN ALL CITIES STAFFED, WE ARE USING THE CURRENT EQUIPMENT CONSISTING OF STOP SIGN, WHISTLE AND REGULATION VEST. WE WOULD APPRECIATE THE SAME COURTESY EXTENDED TO US FROM THE PALM BEACH GARDENS POLICE DEPARTMENT. SUPERVISOR: A SUPERVISOR WILL BE PICKED FROM THE CURRENT GROUP OF CROSSING GUARDS, AFTER CONSULTATION WITH THE HUMAN RESOURCE DEPARTMENT. THE SUPERVISOR WILL BE IN CHARGE OF GETTING THE TIME SLIPS SIGNED ON A DAILY BASIS, CHECKING ALL THE POSTS AND FILLING IN AT A MOMENTS NOTICE, IF NECESSARY. THE SUPERVISOR WILL REPORT TO BARBARA DAMICO EVERY FRIDAY MORNING TO FINALIZE THE WEEKS ACTIVITIES. THE SUPERVISOR WILL BE PAID FOR 4.5 HOURS A DAY AND THE GUARDS WILL BE PAID FOR 3 HOURS PER DAY. IN ALL CITIES WE CURRENTLY STAFF, THE SUPERVISORS ARE PAID FOR ADDITIONAL HOURS AND BILLED TO THE CITY ACCORDINGLY. THE SUPERVISORS ARE A VERY VALUABLE ASSET TO THE CITY AND TO ACTION LABOR/STAFFING CONNNECTION AND ARE WORTH HIS /HER WEIGHT IN GOLD. WE CURRENTLY HAVE 10 SEASONED AND EXCELLENT SUPERVISORS IN OUR CURRENT CONTRACTED CITIES. SUBSTITUTIONS: ACTION LABOR/STAFFING CONNNECTION WILL HAVE SUBSTITUTE GUARDS IN ADDITION TO THE SUPERVISOR, AT ALL TIMES, TO FILL IN SHOULD IT BECOME NECESSARY. PAYROLL: ALL CHECKS WILL BE PROCESSED WEEKLY AND AVAILABLE FOR MAIL OR PICK UP EVERY FRIDAY. INVOICES: ALL INVOICES WILL BE MAILED ON A WEEKLY BASIS TO THE HUMAN RESOURCE DEPARTMENT WITH A COPY OF THE TIME SHEETS ATTACHED. BADGES: ACTION LABOR/STAFFING CONNNECTION CROSSING GUARDS WILL HAVE BADGES TO WEAR, THAT WILL IDENTFY WHO THEY ARE TO THE CHILDREN, PARENTS AND TEACHERS, WHILE ON THEIR RESPECTIVE POSTS. INSURANCE: ALL GUARDS WILL BE COVERED BY ACTION LABOR/STAFFING CONNECTION LIABILITY AND WORKMAN'S COMPENSATION INSURANCE. TRAINING: ALL TRAINING WILL BE DONE BY CAROLE GREENICH AND BARBARA DAMICO CERTIFIED CROSSING GUARD TRAINERS, UNLESS THE INDIVIDUAL CITIES DESIRE TO DO THEIR OWN TRAINING ACCORDING TO STATE REQUIREMENTS. ALL PAPER WORK REQUIRED BY THE STATE OF FLORIDA, WILL BE COMPLETED BY ACTION LABOR/STAFFING CONNECTION. GUARDS WILL BE TRAINED ON "SCHOOL CLOSED DAYS" AND PAID AT THEIR REGULAR RATE AND BILLED TO THE CITIES AS REGULAR SCHOOL WORKING DAYS. CONTACT PERSON: AS IN ALL CONTRACTED CITIES, A CONTRACT PERSON NEEDS TO BE IDENTIFIED AS A HELP DESK TYPE PERSON TO CALL, IF SITUATIONS ARISE FOR INFORMATION PURPOSES. PROPOSED FEE SCHEDULE FOR 16- 17 SCHOOL CROSSING GUARDS AND A SUPERVISOR FOR 4.5 HOURS PER DAY. HOURLY RATE ACCORDING TO PAY SCALE SET BY THE CITY OF PALM BEACH GARDENS: $9.00 FOR RFGULAR GUARDS $12.60 BILL RATE $10.00 FOR SENIOR GUARDS $14.00 BILL RATE OASIS STAFFING WOULD PAY ALL NEW GUARDS STARTING: $8.50 BEGINNING RATE $11.90 BILL RATE FEE PACKAGE COVERS THE EMPLOYEE'S SALARY, STATE, FEDERAL UNEMPLOYMENT, FICA TAXES, WORKER'S COMPENSATION AND OUR ADMINISTRATIVE FEE. 08/28/2001 03:00 7303062 July 27, 1999 PAGE 03 CITY OF LAUDERHILL '2060 CITY IIAI,I, 01Z1VR • 1,At:AF,it1IIT,I„ P1,01411)A 33313 • 10341 760.11100 Agreement. School Crossing Guard Services This contract /agreement is entered into this 27"' day of July, 1999 by Oasis Staffing Services, 800 Corporate Drive, Ft. Lauderdale, FL 33334 hereinafter caU the CONTRACTOR and the City of Lauderhill hereinafter call the CITY. The CONTRACTOR and the CITY, in consideration of the agreements herein contained, agree as follows: The Contractor shall provide to the City SCHOOL CROSSING GUARD SERVICES set forth in the Bid Documents RFP 99 -020 and awarded by Resolution 99R-7 -149 for one year, with the option to renew for a maximum of two (2) one year periods commencing on this day, The Contract documents consist of this signed contract, Request for Proposal, and the bid of the CONTRACTOR, all of which are incorporated herein by reference. For satisfactorily providing the services described and required in the Contract Documents, the CONTRACTOR shall receive payments monthly at a rate of $7.62 per hour, per guard In witness whereof the parties have caused this contract to be duly executed, intending to be bound thereby. OASIS STAFFING Authorized Signature: x)ate :: 7 /ILL 1 �7 CITY OF LACUDERHILL . _ Authorized Signatux -- - Title: /"yi... Date: AN EOUAL OPPORTUNITY EMPLOYER OF NONDISCRIMINATION nN THE EIASIS OF RACE. COIOP. NATIONAL ORIGIN, SEX, RELIGION, AGE OR DISABILITY. REQUEST FOR PROPOSAL SCHOOL CROSSING GUARD - RFP 999 -020 A. INTENT The intent of this proposal is to establish an ann»a1 contract for the. provision of School Crossing Guard Service as and when needed. The 4 company awarded this contract will be. responsible for and exercise exclusive control over the. persons employed-to fulfill the contract requirements. The City offers no guarantee of the extent of work required during the contract period. B. CONTRACT PE. IOD The initial contract will be for one year to synchronize with Broward County School Board year, with the option-to xenew for a maxiinurn of two (2) one year periods. The City-reserves the-Tight to cancel this contract without notice, should- the City dete�ne that te_ h contractor is performing unsatisfactorily. The Contractor will be advised by the City at least ninety (90) days of -its intent to runew at the same terms and conditinns of the original bid. C. BASIS OF AWARD Award will be mace to the lowest responsive, responsible bidder based on the per hour charge. The City reserves the Tight to make. the sole determination of -responsivenessC-responsaAity. D COST ADJUSTMPNT The hourly charge offered and accepted must remn n firm for the duration of the initial term of the contract Such costs for any renewal term are subject to an ac4ustment only if an increase or decrease occurs throughout the local industry. The City will use. changes in the Federal Minimum Wage and the Consumer Price Index (CPI) (United.States All Urban Consumers), as published by the Bureau.of Labor Statistics of the U. S Department of Labor, and documented. payroll figures 5 %. 1s 4 C Any increase or decrease must be documented. and submitted in writing to the City at lease one Hundred (120) days prior to the contract anniversary date. The City may, after examination,'refuse to accept the adjusted costs if they are not properly documented or are considered by the City to be excessive. In the event -the-City determines that the costs as submitted are not propertytlocumentecf or are excessive, and the matter cannot be. resolved to the. satisfaction of the City, the contract will not be renewed for the adciit-ionat optionat renewal period(s). E. INSURANCE The Contractor shall provide proof of the following insurance coverage prior to start of work. a. Worker's Compensation Insurance covering alL employees and providing benefits as required by Florida Statute, Chapter a ".3, regardless of the size of the company( number of employees). The-Contractor further agrees to be responsible for employment, control and conct xc-t of its employees and for any injury susrgined_by such employees in the couree of thmr--emnloyment. b. Lia biduity insuran ce >!) Naming the City of Lauderhill as additional insured on the Insurance certificate. { Minimum. policy limits in General Conditions apply-to this bid). The certification or proof of insurance must contain a provision for notification to the City ten (10) days, in writing, of any material change in coverage or cancellation. Such proof must be mailed to Purchasing Division, 2000 -City Hall. Drive, Lauderhill; Florida_ 33313. The successful bidder shall famish to the City of Lauderhill the certification of proof if insurance required by the provisions set forth in the bid documents, within five (5) days after notification of award of contract 17 F. TERMINATION FOR CAUSE If the City determines that the Contractor shall fail to fulfli 1 in a timely and proper manner its obligations under this agreement, or if the Contractor shall violate any of the provisions of this agreement, the City may, upon written notice to the - Contractor, teixioinate the right of the Contractor to proceed under this agreement or with such part or parts of the agreement as to which there has been default; and may hold the Contractor liable for any damages caused to the City by reason of such defxtAt and termination. The City may withhold any payments due -to the Contractor for the purpose of setoff until such time as the amount of damages due the City from the- Contractor is ' determined. -G QUALIFICATION The Contractor, and any persons employed by the-Contractor, shall never have been convicted of any -offenseinvolving moral turpitude. For service - provided under this contract, the Contractor shall employ persons who are neat, clean, well-groomed, courteous and at least twenty -one (21) years of age and legally entitled to work in the United States. Persons employed_by the Contractor shall meet the requirements of the Immigration Reform and.-Control Act of 1986. The Contractor must obtain Police Department approvar for all persons to-be employed as-crossing guards -before such persons commence work. If. requested by the_ City, contractor.. agrees to remove any employee and substitute. an acceptable person at that crossing post H. DAILY TIME SHEETS A dairy time sheet will be maintained by the Contractor with the signature of the employee on each weekly shift and the location of their guard post This log will be delivered by the Contractor on a weekly basis to the Police Department designee. 1- r. INVOICES /PAYMENT The City will accept invoices no more frequently than twice per month. Each invoice shall be accompanied. by a time sheet detailing all employee time logged for the prior two (2) week period. The time sheet must list each guard by name, location, and daily hours worked. Invoices shall be paid-completely by the City within twenty (20) days of receipt of the invoice, except for items, questioned The City shall notify the Contractor within fifteen (15) days of receipt of the invoice of any items questioned The Contractor shall prepare verification date for the amount claimed and provide complete cooperation :during such investigation of any areas in the invoice. subject to question. Y SCOPE OF WORK SCHFDULJNG It is expected that nineteen (19) school crossing g±1irds, one alternate guard and one supervisor will be.required-for the upcoming.school -year. However,. this is an eshmxte and the Police Department designee will keep the Contractor informed as to the exact number if-school crossing g_tards that will ire required at any one time. The Contractor will be recgs» red to provide coverage at the locations listed on Attachment L The Contractor shall be flexible and provide -guards for the hours needed on the instructions of appropriate City personnel. A minimum of four (4) hours (which will vary slightly with .each school) coverage dAy at each school will be sched»1_Pd as foHows: Two (2) hours in the morning at approximately 7:00 am-to 9:00 am, and-two(2) hours in the afternoon at approximately 1:00 p.m. to 5.00 p.m. A 1b 2 TRAINING It shall be the responsibility or the Contractor to ensure that all guards receive proper. training. The Contractor must be able to comply with Section 234.302, Florida Statutes, the Ramon Turnquest School Crossing Guard Act', by having Florida DeparLuent of Transportation certified. crossing guard trainers to ensure that all persons employed as crossing guards receive proper training as required by law. Formal training of all new or former crossing shall be conducted as per the standards est?.blishedby the State of Florida Department of Transportation. The. primary training for each person employed. by the Contractor as a crossing gjard shall be conducted by the- Contractor. Such training shall consist of, at a minimum: (1) Classroom training (2) Field-training The City will conduct one (1) training / re- training session per year, which shall be attended by all the Contractor's employees. The Police Depa=iuient's designee voll handle all coordination of all city - provided training. The city provided training will be secondary to the training provided -by the Contractor. Any additional training, such as Mining -of new employees throughout the school year will be. the sole responsibility of the Contractor. 3. DAILY FIFT •n SUPERVISION The Contractor shall provide an experienced field supervisor(s) overseeing the operations at all times the ggiards are on duty. It will be the responsibility of the field supervisor(s) to ensure that all crossings are properly staffed at all timed such staffing is required.by the City. q 4. GUARD BACK UP The Contractor shall provide each working guard w1dz the name and telephone number of a back -up in the event the working guard cannot be at their post The Contractor shall ensure that the back -up guard is: fully trained and familiar with the specific crossing -location. 5 TWENTY -FOUR (24) HOUR ANSWERING SERVICE The Contractor shall provide for his employees a 24 -hour answering service - During non - working hours when the field supervisor is not on duty aworking g»ard shall, in the event that he cannot be at his assignectpost, first contact his flack -up and then contact the service. This service will then contact the Contractor who will in turn confirm that the rack -up guard will be on duty at his assignedcrossing- -6. 1✓QUIPMFNT The City shall provide the Contractor with the -follow* equipment: a) hand held stop sign b) fluorescent safety vest C) 11- nifornl cap d) metal whistle with lanyard Upon termination of the agreement, all equipment will be returned to the City. The City reserves the right to inspect all equipment to determine if replacements are needed. The Contractor wi7Lbe responsible for lost or clarnaged equipment that is not returned by the guards upon termination i 7. SCHOOL YEAR The school year begins in late August and run. to approximately the middle of June, with appropriate holidays and teacher work days that do not require coverage. In addition to the regular school year, summer school at all schools usually begins around the first of July and lasts for approximately six (6) weeks. The City will inform the Contractor of the specific- dates- when-they are made available 8 CURR_FNT SCHOOL CROSSING GUARDS The current school crossing guards must he given an opportunity to seek employment with the new. Contc=or. Should the - Contractor decide not to select any of the current school guards, a written report should be sent to the Police Departmenes designee, explaining the reason(s). AGENDA COVER MEMORANDUM CITY Of PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum suibjecvb'genaa item: Puidrase or Uaator'Vemcie'wnn' Sprayer "'>Jate:' 11rautui and top dresser Recommendation/Motion. Approval Meeting Date: 12/20/01 Reviewed by: Originating Dept: Costs: 5 23.659.20 Council Action: Parks & Recreation (Total) City Attorney [ I Approved Finance $,23,659.2p I l Approved w! Current FY conditions [ l Denied Advertised: Other PAw'e. 6.1e Funding Source: [ I Continued to: Attachments: 1^v [ X ] Operating [ (Other 1. Memo 2. Orange Co. School [ X ] Not Required Board laid Submitted by: Michael Kelly Department r Affected parties [ } Notified - Budget Acct #: 001 - 2080 - 519.6400 [ } None Approved by: Equipment City Ma er [ X I Not required BACKGROUND: This unit and attachments to be purchase in concurrence with the Orange County School Board Bid #994)4 -08. (See Attached) a� CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ron Ferris, City Manager DATE: November 30, 2001 THRU: Jack Doughney, Assistant to the City Manager L FROM: Mike Kelly, CPRP, Parks Superintendent SUBJECT: Pro Gator, Sprayer & Top Dresser Purchase I would like to recommend the purchase of the 2030 Diesel Pro Gator Utility vehicle with the HD 200 Gallon Sprayer and the TD 100 Top Dresser attachment units from the John Deere Company. The items can be purchased on a concurrent basis through an Orange County School Board bid #99 -04 -08 (see attached documentation) for a total amount of $23,659.20. This particular unit will allow the staff to be extremely versatile whether it's in the application of chemicals, sand, soil or seed. The flexibility of the unit is outstanding and maintains the ability to complete a variety of other tasks such as field grooming and vacuuming. These units will not only carry out daily routine tasks but will allow staff to achieve professional results in renovations and special projects. Most importantly, the units will allow staff to be self - sufficient. The department will be able to upgrade our turf maintenance practices and carry out annual restorative tasks. These were previously contracted to private vendors at considerable expense. Invariably, the operating budget could not support these additional costs. Therefore, they simply would not be undertaken at all. FROM : TURNER OUTDOOR EQUIPMENT Dale: August 1, 2001 To: Florida Dealers FAX NO. : 561 272 4494 Nov. 29 2001 09 :15HM F Government Sales Information John Deere Company JOHN DERE CONTRACT EXTENSION Subject: Orange County Schools- Landscape Equipment Period: 283ui'01 - 273ur02 Contract: 99 -04 -0$ COOPERATIVE PURCHASE! Congratulations! We, are excited to announce that we have been awarded an extensiort on the Orange County public Schools Contract. R,emembez this is a cooperative purchase contract that can be extended to the political subdivisions, cities, and counties. Please find the item numbers, categories, and discounts below. There are opportunities to purchase other options at designated discount per category. Category % off MSRP 19 Hand Equipment q � - i 20% Held E u 20 Hand Held Repair Parts - - li- 0"/° 21 Lawn & Garden Equipment 28U /o �T 22 Lawn & Garden Repair Parts d% _ 23 Commercial Walk - Behind Mowers (36 "- 60" cutting decks) ' 28% 24 r Commercial Walk - Behind Mowers ( 36 " _ 60> cutting decks) - 0% Repair Parts _ - -_ _ -- 25 t Coinrnerc- ial Front Mount Mowers (60" and up) _ 29% 26 ! &mrn ercial Front Mautrt Mowers (60" and up) Repair Parts 0% Turn Radius Mow -- _ 27 Zem — - "" » cut) 23% Turn Radius Mowers {54 GO .._ _. .. ., 2$ � 7,,ero y ers 54 60 ") Repair Parise � U °lo _ 31 Off -road Utility Maintenance Vehicle 32 Off-road Utility Maintenance Vehicle Repair Parts 33 Compact Utility Tractors & EgWpment (16 - 40 PTO H /o P) - ( 28 74 Compact Utility Trac oz & RepairEParts actor &Equipment eta %" Exception* p h' - 16 - 40 PTO T�:I') - 1 0% � Utility Tractors & Equipment (40 - 95 PTO HP) .- ,. - 29% , 36 Utility Tractors & Repair Parts (40 - 95 PTO Hl:') 0% . Dealer Reimbursement New dealer reimbursement is based on the PURCHASE ORDER AMOUNT. FROM : TURNER OUTDOOR EQUIPMENT FAX NO. : 561 272 4454 Nov. 29 2E01 09:1GRN P4 •�•N�w i.0 Julm u@tigr, o172 �0 Dpi ORANGE COUNTY PUBLIC SCHOOLS haliew sav;= 65DI Mapc Way OA&d%Pkside 32869 ("319 -3700 FAX(407)317 -0983 May 29, 2001 ' '1.tnieymtlentel • Feoslltlta Flaatoiet 1n111+Mepon San�ea • Pasrh�� _ Mr Chad Armstrong --Mr. CWre Company _ 4401 Nand Road Raleigh, NC 27609 Deer: Mr. Armstrong: The contract for Landscape Equipment Is due to expire on July 27, ZOOM. We wish to consider our option to extend the contract for an additional one (1) year. If you aWin reste i exteneD is +cottty=, pleWe Carnplete the following statement, , Of John Deere Company, agree to extend subject contract urrW t3Q2, w� al provisitrnns remaintng In full force. If you are no! Interosted in extending this contract, please complete the foflWng statement, 1. contract, John Dom Company, do not agree to extend subject Would you please rOwrn your response by malt or Fox on or before .tune 8, 2001. If you have any questions, do not hesitate to contact me. Sincerely, Valerie S, Hightower Prowroment Specialist, Purchasing WMeri— WALVCf1- -12.02 PM PR? FROM TURh-aER OUTDOOR EQUIPMENT FAX NO. : 561 272 4474 Nov. 29 2001 09:15AM P2 JOHN DEERE GOVERNMENTAL STATE CONTRACT SALES INSTRUCTIONS (Dealer) In artier for the Governmental Sales Department to provide the BEST customer service possible to all John Deere dealers and state agencies, we request the following; L Effective November 1, 1999 all governmental state contract purchase orders must be made out to John Deere Company as the vendor with au address of 4401 Bland Road, Raleigh, NC 27509; otherwise, will not be accepted.. �- 7: Always use current list price when quoting to agencies * - Print a copy of the .complete Goods Information Screen (CGI scan option 07)_ Send a copy of the completed quote sheet or price list screens when faxing the purchase orders to us. (An original copy of the quote form is attached. Use this to inake additional copies at your dealersWp). Also, list all amounts for trade -ins and allied equipment. 3. Do not deliver equipment until Nve have received a copy of the agency's purchase order. 4. After receiving the Governmental Direct Bid Worksheet, settle for the equipment electronically on ESETT, fall in the settlement inforrx..ation on the worksheet, and return it to your JD settlement auditor within a week of delivering -the equipment. (If you have questions regarding electronic settlements fbr state contract sales, contact your settlement auditor in the Credit Departmmt). 5. Do not invoice or accept payment from any agency. Should you have any questions regarding chic rNuest, please contact the Government Sales Department @ ! - 8004DLAWNS, option 4, option 2. Thank you! Raleigh. Governmental Sales Department Clod Armstrong, Administrator c e QUOTATION ®• • ®• • • ® ® ®• ® ®® -urner ®utdoor Equipment 2507 N. Federal Hwy Delray Beach, FL 33483 Phone 561- 272 -8305 Phone 888 - 395 -9233 Fax 561- 272 -4494 To: r iA% 0/ 0"9-11 *7 / V SHIP VIA ePrepaid I F.O.B POINT Cvllsst Date 30, zoo P.O.S # Customer No. Phone # Ship To: TERMS DATE REQUIRED QUANITY K5206PL DESCRIPTION Jee//W T2 - C� 01 91A WO 90 . /j9 UNIT AMOUNT . l # L).6- Z030 D g c% Pao - Af9 2 . ai► e I ci,3Y4- �olti� 17�E2� T' )00 f ---S-rSEit i:y' T ilk 2 o - c Az I ,✓l' sAcrol LID '` 2 04. -o S rc in % ej it j d� /i ✓C�l r �I�% F� ©Cl �� 3.6 2 60-7 jV SUBTOTAL TAX �- TOTAL Authorized By All prices are valid for thirty days from the date of quotation. :. I * c 4 USERID: XXR5104 PRICE INFORMATION ORDER NUMBER: SOLD TO ACCT: 5104 DELRAY BEACH, FL SHIPPING MODE: ORDER CODE QTY DESCRIPTION 3760M 1 HD200 SPRAYER FOR HDUV 2010 1 18 FT. SPRAY BOOM 3000 1 MANUAL ELECTRIC CONTROL 9000 1 XR TEEJET NOZZLE PACKAGE 9055 1 ELECTRIC REEL LESS SPRAYGU 9065 1 SPRAY WAND TCB10075 1 3 -WAY VALVE RETROFIT KIT USERID: XXR5104 PRICE INFORMATION ORDER NUMBER: SOLD TO ACCT: 5104 DELRAY BEACH, FL SHIPPING MODE: Page 1 of 2 290CT01 16:12:37 PAGE 1 REVIEW PRIOR PRICE: 290CT01 REQUESTED DELIVERY: SOLD: NEW ORDER: LIST WEIGHT PRICE 849 5,989.00 243 IN BASE 0 IN BASE 1 135.00 N 121 1,413.00 3 140.00 5 180.00 TOTAL 1222 7,857.00 ORDER CODE QTY DESCRIPTION 0211TC 1 PROGATOR 2030 (DIESEL) 1000 1 2WD TRACTION UNIT 2000 1 CARGO BOX 3010 1 LESS POWER BED BM19955 1 THROTTLE/GOV. CONTROL KIT BM20502 1 RECEIVER HITCH KIT - HDUV BM20608 1 HYDRAULIC AUXILIARY KIT USERID: XXR5104 PRICE INFORMATION ORDER NUMBER: SOLD TO ACCT: 5104 DELRAY BEACH, FL SHIPPING MODE: ORDER CODE QTY DESCRIPTION 0250TC 1 TD100 TOP DRESSER Pagel of 2 290CT01 16:09:21 PAGE 1 REVIEW PRIOR PRICE: 290CT01 REQUESTED DELIVERY: SOLD: NEW ORDER: LIST WEIGHT PRICE 1896 16,999.00 0 IN BASE 500 1,325.00 0 IN BASE 5 265.00 14 190.00 59 575.00 TOTAL 2474 19,354.00 Page 1 of 2 290CT01 16:13:57 . PAGE 1 REVIEW PRIOR PRICE: 290CT01 REQUESTED DELIVERY: SOLD: NEW ORDER: LIST WEIGHT PRICE 799 5,699.00 TOTAL 799 5,699.00 \ \\\ \z - ...� , , ■ e e k k V) /. k§ 2 ƒ §, f §. 7 L< 7= � c 7 7 0 y c c g% a O '\ 7 7\ rD ƒ§ F-Dwi r R_ m ° § a a r ® - 7_ t o R vi c = o •� m/® 7 m a% o § § -0 2 » m / ) ° % _ G ai � 6 $ oƒ L 2- R% - 0 a§ §. 3 a _ � = @ m ± - o o �, f r+ Di r+ 0 k ) \ � a !! { 0 / §)!; ..� 0 (A CL ƒ_ o m x r+ � !�f ° ' c ± c ° 7 « ( k 2 0� 7 _ r LA ~ \ 0 , ƒ . r-L / ± 7 - Ln > �. ac §. 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O — 75 (D O `^ CL o a N (D rt rt w � o S La o o ID S �' w m o o. rp-r < y 7r rt � r" 0 I-) Qj O La rD rtti -, N O_ O O O C CL O nj w S S N (D (D ((DD < (D r+ (D O S C2 h y X n O r+ (D m � rt (D r+ a � O � � mi. -h S � O (D (D 0 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: December 10, 2001 Meeting Date: December 20, 2001 Subject/Agenda Item: Consideration of Resolution 192, 2001, authorizing the Mayor and City Clerk to execute a Quit -Claim Easement in favor of Binks Estate Limited Partnership over a portion of the Cabana Colony Canal for ingress and egress and for the installation of public facilities relating to its golf maintenance facility. Recommendation: Approval of Resolution 192, 2001 Reviewed by: City Attorney Originating Dept: City Attorney Costs: Not Applicable Council Action: [ ] Approved [ ] Approved with conditions Advertised: [ ] Denied Submitted by: Date: City Attorney Paper: Funding Source: [ ] Continued to: [ X] Not Required [ ] Operating Affecte _parties: [ ] Other Approved Notified Attachments: City Manager [ X] Not Required Resolution 192,2001 Quit -Claim Easement Explanation: The developer of Frenchman's Reserve has requested the execution of a Quit -Claim Easement relating to the plat of its golf maintenance facility, which is also being considered by the City Council. The developer must traverse the Cabana Colony Canal to connect the golf maintenance parcel, which was recently annexed by the City, to the remainder of the Frenchman's Reserve PCD. The City is not claiming any ownership interest in the Cabana Colony Canal; rather, the developer is requesting such easement because the portion of the canal subject to the easement is within the City's corporate limits. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 192, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A QUIT -CLAIM EASEMENT TO BINKS ESTATES LIMITED PARTNERSHIP OVER A PORTION OF THE CABANA COLONY CANAL; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Binks Estates Limited Partnership (Toll Brothers), the developers of the Frenchman's Reserve PCD, has requested that the City grant a quit -claim easement over a portion of the Cabana Colony Canal for ingress and egress and for the installation of public facilities relating to its golf maintenance facility; and WHEREAS, the developer is required to traverse the Cabana Colony Canal to connect the golf maintenance facility to the remainder of the Frenchman's Reserve PCD; and WHEREAS, the grant of such easement shall not be construed as the assertion of any interest in that portion of the Cabana Colony Canal subject to such easement and is only being granted to the extent that such property is within the corporate limits 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 authorizes the Mayor and City Clerk to execute a Quit -Claim Easement in favor of Binks Estate Limited Partnership, as attached hereto as Exhibit "A" and incorporated herein by reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: 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. -1- SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF 12001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- This Instrument Prepared By: Joshua Escoto, Esq. Holland & Knight LLP 625 North Flagler Drive Suite 700 West Palm Beach, FL 33401 QUIT -CLAIM EASEMENT THIS QUIT -CLAIM EASEMENT, is made and entered into this day of , 2001, by the CITY OF PALM BEACH GARDENS, a Florida municipal corporation, located at 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 (hereinafter referred to as "Grantor ") to BINKS ESTATES LIMITED PARTNERSHIP, a Florida limited partnership, and having its principal place of business at_3101,Philmont Avenue, Huntington, Pennsylvania 19066 (hereinafter referred to as "Grantee "). WITNESSETH: That GRANTOR, for and in consideration of the sum of ONE ($1.00) DOLLAR and other valuable considerations, receipt whereof is hereby acknowledged, does hereby remise, release and quit -claim unto GRANTEE, its successors and assigns, a non - exclusive easement for ingress / egress and for the installation, maintenance and operation of public utility facilities in, on, over and across a portion of the Cabana Colony Canal, as shown on plat book 26, page 203, of the public records of Palm Beach County, as more particularly described as follows (the "Easement Premises "): Exhibit "A" attached hereto and made part hereof. GRANTOR, its successors and assigns, reserves the right to use the Easement. Premises for drainage and for any other purpose that does not unreasonably interfere with GRANTEES use of the Easement Premises for the purposes herein stated. TO HAVE AND TO HOLD THE SAME unto GRANTEE, its successors and assigns, forever. IN WITNESS WHEREOF, the said party has hereto set their hands and seals the day and year first above written. ATTEST: By: City Clerk (SEAL) WPB1 #194965 vl GRANTOR: CITY OF PALM BEACH GARDENS, a Florida municipal corporation EXHIBIT "A" DESCAIPTM A SKIM PREPARED FOR: TOLL BROTHERS, INC. AN EASEMENT FOR INGRESS /EGRESS LYING IN SECTION 31 TOWNSHIP 41 SOUTH, RANGE 43 EAST LEGAL DESCRIPTION: A PARCEL LAND SITUATE IN SECTION 31, TOWNSHIP 41 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 31; THENCE RUN NORTH 01'40'40" EAST ALONG WEST LINE OF SAID SECTION FOR A DISTANCE OF 2233.40 FEET; THENCE LEAVING SAID WEST LINE SOUTH 88'19.'08" EAST FOR A DISTANCE OF 441.68 FEET TO THE POINT OF BEGINNING; THENCE NORTH 01'15' 08" EAST FOR A DISTANCE OF 80.00 FEET TO A POINT ON THE NORTH LINE OF A CANAL AS RECORDED IN PLAT BOOK 26, PAGE 203; THENCE SOUTH 88'44'50" EAST ALONG SAID NORTH CANAL LINE FOR A DISTANCE OF 120.00 FEET; THENCE SOUTH 01'15'08" WEST FOR A DISTANCE OF 80.00 FEET TO A POINT ON THE SOUTH LINE OF SAID CANAL; THENCE NORTH 88'44'50" WEST ALONG SAID SOUTH LINE FOR A DISTANCE OF 120.00 FEET TO THE POINT OF BEGINNING; SAID PARCEL CONTAINS 9,600 SQUARE FEET OR 0.220 ACRES. SURVEYOR'S NOTES: 1. THIS DRAINING IS NOT A SURVEY. 2. NO SEARCH OF THE PUBLIC RECORDS HAS BEEN WADE BY THIS OFFICE. 3. THE DESCRIPTION SKETCH AND THE DESCRIPTION TEXT COMPRISE THE COMPLETE LEGAL DESCRIPTION. THE LEGAL DESCRIPTION IS NOT VALID UNLESS BOTH ACCOMPANY EACH OTHER. 4. THIS LEGAL DESCRIPTION IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER EMPLOYED BY WANT)AIV GROUP, INC. 5. DATE OF LEGAL DESCRIPTION: JUNE 19, 2001 WANTMAN GROUP, INC. R06 IN B. PETZOLO PROFESSIONAL SURVEYOR AND MAPPER FLORIDA CERTIFICATE No. 4587 Wantman Group Inc. FIAEF : \TOLLBROS \FRENCHIIANS \DING \2I8SY15 : \TOLLBROS\FREN0*l ANS \DWC \2181NG01 Engineering ® Surveying ♦ Mopping got NORTHPOINT PARKWAY. SUITE 204 M/A F8. PG. X08 218 -SUR3 WEST PALM BEACH, FL 33407 (541) 60 -2220 pAon. AI DATE 7/8/01 (set) 887 —ttLB toot RSP SHEET 1 OF 3 DWG C£RT No. 8001 — LB iYa. 7053 K, \ TOLL BRCS \FRENCHMAN \d g \218SY09,dwg 06/20/21001 0542►27 PM EDT '--RPTM & PREPARED FOR: TOLL BROTHERS, INC. AN EASEMENT FOR INGRESS /EGRESS LYING IN SECTION 31 TOWNSHIP 41 SOUTH, RANGE 43 EAST q 30 fRENCKAN�S SANCTMitJEARY 1 — _..�,� +30229 - - fUh1iN( tt !I I I II DI TEE RW .S FRENCHMAN'S LANN <I SITE I < �I R FOR � � I FLORIDA BOULEVARD 1' CABANA COLONY I 36 1 _ 31 32 1 6 e s LOCATION MAP NOT TO SCALE LEGEND: DB - DEED BOOK LB - LICENSE BUSINESS LS a LICENSE SURVEY ORB = OFFICIAL RECORD BOOK PB - PLAT BOOK P08 - POINT OF BEGINNING POC - POINT OF CO"NCEMENT R,,W - RIGHT -OF-My RPB - ROAD PLAT 800K ry Rvnu 29 28 f 1 to � I 1� l IL 32933 UD K: \ TOLLBRCLS \FRENCtAAANS \OWIG \218SY15 Wantman Group, Inc • REF K : \TOLLBROS \FRENC6WNS \DM\218WAI Engineering ®Surveying Mapping gal NORTHPOINT PARKWAY. SUITTi 204 FLD N/A FB• PG. JOS 218 —SUR3 WEST PAW BEACH. FL 33407 (381) 087 -2220 phone OFF MRJ DATE 7/8/01 (set) "7 111G fax CERT No. WQl - L8 Na 7035 CKD RBP SMEE7 2 OF 3 DWC K,\ TCLLBROS\FRENCHMAN \dwa\218SY09.dwg 06/20/2001 05-42,27 PM EDT re^ PREPARED FOR: TOLL BROTHERS, INC. AN EASEMENT FOR INGRESS /EGRESS LYING IN SECTION 31 TOWNSHIP 41 SOUTH, RANGE 43 EAST g ci 'n U w[II g 0 z 36 1,6 NOT PLATTED N01 i 5'080£ 80.00' - 588'1_ 9 'OB'E 441.88' (T1E UNE ONLY P.O.C. SW CORNER SEC. 31 NOT TO SCALE TRACT 'B' (PS 28, PG 239) r �►j S88044'50'E S01015'08 "W 120.00' r' - 80.00' LB - LICENSED BUS I NESS � LS = LICENSED SURVEYOR (AI) - MEASURED OR9 = OFFICIAL RECORD BOCK NCC8 - MINUTES OF THE COUNTY COMMISSION BOOK PH - PLAT BOCK PC9 = POINT OF BEGINNING PCC - POINT OF CO&ENC£1AENT RON - RIGHT -CF-MY RP9 ROAD PLAT BOOK UE - UTILITY EASEVENT K : \TCL L EPOS \FRENC}WNS \DV#n\218SY 15 K: \TOLL 6R0S\FREN0WN5 \DK\,218MG0 I N/A FB. PC. 40B 218-5- L - -,R J C1ATE 7/8/01 1 RSP SHM 3 CF 3 C*C 05142!27 PM EDT Wantman Group, Inc. 80' CANAL P.0.8. (P9 26, PG 203 -205) T FLD \N88*44V*W OFF 120:00' (TOTAL} TRACT 'C' N (P8 26. PG 239) mm %N m a v / LB - LICENSED BUS I NESS � LS = LICENSED SURVEYOR (AI) - MEASURED OR9 = OFFICIAL RECORD BOCK NCC8 - MINUTES OF THE COUNTY COMMISSION BOOK PH - PLAT BOCK PC9 = POINT OF BEGINNING PCC - POINT OF CO&ENC£1AENT RON - RIGHT -CF-MY RP9 ROAD PLAT BOOK UE - UTILITY EASEVENT K : \TCL L EPOS \FRENC}WNS \DV#n\218SY 15 K: \TOLL 6R0S\FREN0WN5 \DK\,218MG0 I N/A FB. PC. 40B 218-5- L - -,R J C1ATE 7/8/01 1 RSP SHM 3 CF 3 C*C 05142!27 PM EDT Wantman Group, Inc. cAD Engineering ♦ Suiweying ® Mopping 001 NCWWCINT PAWMAY, SUM 204 FLD W-37 PAW BEACH. FL 3307 OFF (561) 687-2220 phone (561) 667 -1110 lox CVr No. 6091 — Lb No. 7053 �XD !Cr \T0 LBROS \FRENCHNAiV \dw0 \2 19SY09.dw ; 06/20/2001 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum: December 5, 2001 Meeting Date: December 20, 2001 Subject/Agenda Item: Transfer ownership of retired police K -9 Aran to Officer Glenn Wright Recommendation /Motion: Staff recommends approval to transfer ownership of retired police K -9 Aran to Officer Glenn Wright. Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) Police City Attorney [ ] Approved $ 0 [ ] Approved w/ Current FY conditions ACM [ ] Denied Other Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating [ ] Other Paper: [ X ] Not Required Memorandum Submitted by: Department Director Affected parties [ ] Notified Budget Acct. #: [ )None by: !A/p/prroo7ved City Manager [ X ] Not required BACKGROUND: Officer Glenn Wright has requested permission to assume legal ownership of K -9 Aran who was assigned to him and is now being retired from service. DISCUSSION: K -9 Aran began his career with the Police Department in 1994. He has served us well but due to his age and deteriorating health he is no longer able to perform his duties. We are confident Officer Wright will continue to provide a good home for K -9 Aran. RECOMMENDATION: Staff recommends the City legally transfer ownership of K -9 Aran to Officer Wright by selling him K -9 Aran for the sum of one dollar. By doing so, Wright will indemnify the City from any and all costs, liability, expenses and claims arising from any accident, injury, or damage whatsoever caused by "Aran." CITY OF PALM BEACH GARDENS CITY COUNCIL Subject/Agenda Item: Wummer. Agenda Cover Memorandum: December 5, 2001 Meeting Date: December 20, 2001 Transfer ownership of retired police K -9 Kris to Officer Robert Recommendation /Motion: Staff recommends approval to transfer ownership of retired police K -9 Kris of Officer Robert Wummer. Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) Police City Attorney [ ] Approved $ 0 [ ] Approved w/ Current FY conditions ACM [ ] Denied Other Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating [ ] Other Paper: [ X ] Not Required Memorandum Submitted by: Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manag r [ X ] Not required BACKGROUND: Officer Robert Wummer has requested permission to assume legal ownership of K -9 Kris who was assigned to him and is now being retired from service. DISCUSSION: K -9 Kris began his career with the Police Department in 1994. He has served us well but due to his deteriorating health his is no longer to perform his duties. We are confident Officer Wummer will continue to provide a good home for K -9 Kris. RECOMMENDATION: Staff recommends the City legally transfer ownership of K -9 Kris to Officer Wummer by selling him K -9 Kris for the sum of one dollar. By doing so, Wummer will indemnify the City from any and all costs, liability, expenses and claims arising from any accident, injury, or damage whatsoever caused by "Kris." CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 SUBJECT /AGENDA ITEM PCD- 99 -08: Evergrene PCD Public Hearing /Second Reading: Ordinance 43, 2001, a request by Henry Skokowski of Urban Design Studio, on behalf of Watermark Communities, Inc. for a re- zoning to Planned Community Development (PCD) from the existing Planned Development Area (PDA) and master plan approval for the Evergrene PCD Master Planned Community. The proposed Evergrene Community includes 905 single - family homes and 132 multi - family homes. The 362.72 -acre subject site is bounded by Hood Road to the south, Donald Ross Road to the north, Alternate A1A to the east and Military Trail to the west. (36 &25 -41 S -42E) RECOMMENDATION Staff recommends approval of Ordinance 43, 2001 with conditions and waivers from the Land Development Regulations. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Principal Planner N/A Project Costs: $ Total [ ] Approved [X] App. w/ conditions City Attorney Manager [ ] Denied Ed Tombari v $ [ ] Rec. approval Finance A Current FY Rec. a [ J PP• w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth [ ] Operating • Ordinance 43, 2001 Manag t Direct rv> k, �/,�, [ X ] Not Required [ ] Other • Code Comparison Table Charles K. Wu, AICP • Aerial Map: existing and Surrounding Approved by: City Manager Budget Acct. #: Land Uses • PCD Master Plan Affected - parties: [ ] Notified • Amended Buffer [x ] Not Required Plans City Council Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 BACKGROUND The MacArthur Foundation sold the subject site to WCI Communities as part of the 1998 — 1999 land divestiture. This site was subject to the conditions of the forbearance agreement and was limited to a maximum of three dwelling units per acre. The applicant is proposing a gross density of 2.86 dwelling units per acre. LAND USE & ZONING The subject site is currently zoned Planned Development Area (PDA), and has a future land -use designation of Residential Medium (RM), which allows for up to 9 dwelling units per acre. The proposed development shall have an overall gross density of 2.86 dwelling units per acre. The applicant is proposing to re -zone the property to Planned Community Development (PCD). The underlying zoning would be pod specific, depending on the proposed use as designated on the PCD master plan. For example, a pod containing multi - family housing would have an underlying zoning of Residential High -RH, as these provide for development standards to regulate this type of use; a pod containing single - family homes may have an underlying zoning of RL -3, and so forth. As long as the underlying zoning is consistent with the master plan designation, then all zoning is consistent with the comprehensive plan land use designation of Residential Medium. CONCURRENCY The applicant has received concurrency for 905 single - family units and 132 townhouse - units. The proposed build -out date is December 31, 2006. Concurrency for the residential dwelling units shall include any ancillary uses as defined by the Land Development Regulations. PROJECT DETAILS Site The site currently contains significant upland (native slash pine with saw palmetto understory) and wetland ecosystems. The applicant has received approval from City Council for the environmental preservation of approximately 53.9 acres of upland ecosystem and 12 acres of wetland ecosystem on site, to be integrated into the PCD Master Plan and used as an amenity to the proposed development. The applicant has integrated enough natural preservation into the Master Plan to be designated as an "Audubon Certified Community ". K City Council Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 The site also contains an existing 36.5 -acre lake, which was created by excavation for the Interstate 95 extension during the 1980s. The lake shall also be incorporated into the Master Plan as an amenity to the residential development. City Council has approved the environmental preservation proposal as a separate application. Site Access As part of the approved traffic concurrency, the Traffic Impact Analysis indicates three entrances to the site. The Master Plan is consistent with the analysis. The south entrance is located off of Hood Road, halfway between Alternate A-1 -A and Military Trail. The west entrance is located off of Military Trail and will align with a future east -west thoroughfare that runs west from this intersection. The northern entrance shall intersect with Donald Ross Road midway between Military Trail and Alternate A -1 -A. The applicant shall be required by Palm Beach County to provide full intersections with left and right turn lanes at all three entrances to the site. Access internal to the site shall be provided off of a main North -South Spine Road, running from the Donald Ross Road intersection to the Hood Road intersection. This Spine Road shall intercept with a smaller East -West Road that will intersect with Military Trail. All entrances shall be gated to public traffic. The City supports the applicant's request to begin construction of the temporary sales center prior to platting. Signage Development signs shall be provided for at all three entrances to the site. As a condition of approval, the applicant shall return to City Council for approval of major entry features and a sign program for internal directional and development signs. Landscapinq /Buffering The applicant is proposing significant landscaping and buffering as part of the Master Plan. Included is an 80 foot landscaped buffer along Hood Road, a 74 foot to 150 foot (varies) buffer along Military Trail, a 90 foot buffer along Donald Ross Road, and a 103 foot buffer along the Florida East Coast Railroad. A 25 -foot buffer is proposed adjacent to the Recreation Vehicle Park at the southeast corner of the site and the Jesus Christ of Latter Day Saints Church located on Hood Road. The applicant, indicating buffer scenarios at various locations around the site, has provided landscape buffer sections as part of this application. The landscape buffer plans utilize several planting palettes, including existing native upland ecosystem, wetlands and newly landscaped areas. Both Donald Ross Road and Hood Road are identified in the Comprehensive Plan and the Land Development Regulations, Section 78 -231 as "Parkways ". The applicant has provided an 80 -foot buffer along Hood Road, adjacent to the 125 -foot right -of -way, for a total Parkway easement of 205 feet in width. The code requires a total Parkway easement of 200 feet. A 90 -foot parkway easement has been provided along Donald Ross Road, 3 City Council Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 consistent with code requirements. Within both the Hood Road and Donald Ross Road Parkway easements, the applicant shall provide the required 12 -foot wide multi -use pathway. Section 78 -324 of the Land Development Regulations requires that irrigation, if available, and landscaping be installed and maintained in all rights -of -way adjacent to a new development. Staff considers the following rights -of -way to be adjacent to the Evergrene PCD: Hood Road from Alternate A-1 -A to Military Trail, Military Trail from Hood Road to Donald Ross Road, Donald Ross Road from Military Trail to Alternate A -1 -A, and Alternate A-1 -A from Donald Ross Road to Hood Road, if permitted by FDOT. Staff shall require, as a condition of approval, that detailed landscape plans for all adjacent rights -of -way be submitted after City Council approval for review and approval by City staff. Staff also proposes a condition of approval that shall require the owner, successor and assigns to maintain said landscaping in perpetuity. Phasing The applicant has submitted a phasing plan, indicating the timing in which the nine development pods within the PCD are to be submitted for site plan review, as well as for construction of the PCD infrastructure. Parcels 1, 2, 4B and 7 have been submitted concurrently with the PCD application for review and approval. Parcels 3, 4A, and 8 are proposed for site plan review as part of phase 2. Phase 3 shall include the submittal of parcels 5 and 6. Specific phasing of collector road and local road construction and landscaping have been addressed with conditions of approval. Drainage The subject site is located within the Unit 2 Northern Palm Beach County Improvement District. The applicant has applied to South Florida Water Management District for permits approving the master drainage plan. The master site plan provides for 57.5 acres of lakes and canals that will provide for drainage and amenities on site. The applicant is proposing to re -route an existing drainage canal, bisecting the site from west to east, through a series of interconnected lakes on site. The overall drainage on -site out -falls into a drainage canal paralleling the Florida East Coast Railroad. Ultimate outfall is to the Intracoastal Waterway, through the Frenchman's Creek Planned Community Development. Lightinq The applicant has proposed a 14 to 18 foot high conceptual light pole fixture for streets and alleys within the site. The applicant has indicated that they shall provide specific cut sheets and details on lighting fixtures as part of a master signage program application. The applicant shall also provide staff with cut sheets and details for all lighting proposed within the common areas, pedestrian areas and vehicular areas within the PCD, which are not located within development pods, as part of the review process. Section 78 -182 of the Land Development Regulations requires that light fixtures in pedestrian areas do not 4 City Council Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 exceed 12 feet in height, and that light fixtures in vehicular areas do not exceed 25 feet in height. The Police Department recommends that all lighting fixtures be between 12 and 14 feet in height, to avoid conflict with landscaping, and the utilization of metal halide lighting for greater visibility. Schools The site of the proposed PCD is presently within the following school zones: Lighthouse Elementary School, Watson B. Duncan Middle School and William T. Dwyer High School. All schools are presently over capacity. Upon completion of the amenity parcel, the applicant will provide a school bus stop on the parcel. A temporary bus shelter will be provided on the amenity parcel until a permanent shelter is constructed and approved within the amenity parcel site plan application. The applicant has revised the master plan to indicate the location and configuration of the temporary bus turnaround and shelter facility. The school board has recommended that an 11 " X 17" sign be posted in a clear and visible location in all sales offices and models, stating certain notification language, as highlighted in a December 15, 1999 letter from Angela Usher of the Palm Beach County School Board. Utilities Seacoast Utilities shall service the residential units within the proposed PCD. Seacoast has conducted a capacity analysis and has determined that the development will utilize approximately .33 million gallons per day of potable water at build -out, leaving a capacity balance of 2.118 million gallons per day system -wide. The proposed project will utilize approximately .278 million gallons per day for sewage treatment, leaving a capacity balance of 3.769 million gallons per day. Based on this analysis, Seacoast has indicated that there is sufficient capacity within its system to accommodate this new development; however, capacity is not reserved until the development order is approved. Parks and Recreation The City's Comprehensive Plan requires a Parks and Recreation Level of Service of 3.7 acres of parkland per every 1,000 residents. The City's Parks and Recreation Department has determined that there is sufficient capacity to accommodate the additional population generated by this development, as indicated in their letter dated July 31, 2001. The applicant has not proposed a dedication of parkland, which would equal approximately 14.28 acres of parkland. In -lieu of parkland dedication, the applicant shall pay the impact fee or utilize impact fee credits per each dwelling unit constructed. 5 City Council Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 Waivers The applicant is requesting the following waivers as part of the PCD application: (1) Staff supports the waiver request with the following conditions of development approval: a. The applicant shall return to City Council for approval of detailed landscape plans for all common areas surrounding the entry features and gatehouses. b. The applicant shall submit detailed common area landscape plans for all areas adjacent to the amenities parcel concurrent with the site plan review for that parcel. 6 Staff Code Section Required Provided Waiver Recommendation Section 78 -155 Submit with PCD Submit at future Yes Support (1) Common Area application date Landscape Plan Section 78 -506 5 foot wide Meandering Yes Support (7) Sidewalks sidewalks on each 8 -foot multi -use on side of roadway one side of spine road Section 78 -341 Off - street parking On street parking Yes Support (2) Intent (off- street only permitted. parking) Section 78 -343 On -site parking Location of required required parking Section 78 -498 (f) 80 -foot wide 60 -foot wide ROW Yes Support (3) minimum ROW minimum ROW for with curbing widths. collector streets. Section 78 -186 (8) Maximum height of Maximum height of Yes Support (4) Fences and Walls 6 feet in residential 10 feet adjacent to zoning districts FEC RR. Section 182 Lake 20 foot easement Existing Yes Support (5) Maintenance without vertical landscaping within Easements construction or the LME for the trees existing lake. Section 78 -345 Maximum of 110% Temporary Sales Yes Support (8) Number of Parking required parking Center 190% of Spaces Required permitted code with overflow lot Section 183 Size of Minimum loading 10' X 18.5' loading Yes Support (6) Loading Spaces size space of 12'X space at temp. 35' sales center Section 78 -446 Plat No building permits Temp. sales center Yes Support (9) review and issued prior to plat prior to plat approval process I recordation I recordation (1) Staff supports the waiver request with the following conditions of development approval: a. The applicant shall return to City Council for approval of detailed landscape plans for all common areas surrounding the entry features and gatehouses. b. The applicant shall submit detailed common area landscape plans for all areas adjacent to the amenities parcel concurrent with the site plan review for that parcel. 6 City Council Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 C. Within six months of the date of approval for the PCD Master Plan, the applicant shall submit to staff detailed landscape plans for all common areas within the PCD not associated with the entry features, guardhouses, or amenities parcel. (2) Staff supports the waiver request to allow for on- street parking. The proposal to utilize rights -of -way in -lieu of parking areas reduces the negative effects of parking lots for multi - family units. The utilization of on- street parking is compatible with the "neo- traditional" design of the community, which is encouraged by the City's Comprehensive Plan and the Land Development Regulations. (3) Staff supports minimum rights -of -way being reduced, on the condition that the resulting additional land area is utilized for tree preservation or other landscape open space. The collector road in question meanders through an upland preserve area for a significant portion of its length. (4) Staff supports the waiver request for the 10 -foot wall adjacent to the Florida East Coast Railroad. However, staff has a concern with the10 -foot wall at the "Buffer C" location, due to the proximity of one lot to the wall. Lot 57 within Parcel 4B is located directly adjacent to the wall. It is staff's professional opinion that a wall is inappropriate directly adjacent to a potential 47 -foot wide residential lot. Staff recommends a condition of approval that lot 57 be restricted to a two -story model, which requires a 38 -foot lot width. In addition, the applicant shall include a three -foot landscaped buffer on this lot adjacent to the wall, to be maintained in perpetuity by the property owners association. (5) Staff recognizes the innovative design of native vegetation and preserves associated with the proposed development. Staff supports the requested waivers for encroachment of existing landscaping within lake. maintenance easements. Adequate access surrounding water management tracts within the PCD shall be maintained along the edge of the 36.5 -acre lake. (6) Staff supports the waiver request at the temporary sales center. A condition of approval shall be placed on the applicant requiring the removal of the temporary sales center at a date certain. (7) The applicant is requesting to waive the requirement of Section78 -506, which requires that a five -foot concrete sidewalk be installed on both sides of a roadway. The waiver is requested to provide one 8 -foot meandering trail on one side of the spine road only. The applicant has provided a detail that indicates additional pedestrian treatments and signage at various intersections along the spine road that allows pedestrian traffic safer utilization of the multi -use pathway. 7 City Council Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 The applicant has justified the waiver on the basis that a proposed meandering 8- foot multi -use pathway and connecting pedestrian trail system will connect all neighborhoods while providing a unique experience of traversing through quality upland habitat. The applicant also states that by providing the pedestrian trail on only one side of the spine road, there will be limited impact to the existing upland communities. (8) This is a temporary facility. The applicant has agreed to a condition of approval that will require the removal of the sales center and overflow parking lot prior to the 985th residential certificate of occupancy. The applicant shall be required to restore the site and overflow lot to a natural condition upon removal of the center. (9) Staff supports the waiver request to allow for permitting for the temporary sales center construction prior to platting, which will plat the preserve areas within the PCD. Staff is recommending conditions of approval that provide surety to the City for any demolition that may be required due to construction prior to plat recordation. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission held a special workshop for this petition on October 17, 2001 and had the several questions and concerns. Staff met with the applicant regarding these comments and outstanding concerns raised by staff and the applicant re- submitted plans and additional information in response to these comments. The Planning and Zoning Commission held a Public Hearing on this application at their November 13, 2001 meeting. The Commission commented that they would like to see additional landscaping within the western edge of the Alternate Al A right -of -way, as permitted by the Florida Department of Transportation expansion. They also commented on ensuring that the existing five foot wide sidewalk along Military Trail be replaced where possible with a meandering sidewalk. The applicant indicated that the sidewalk replacement would be possible for 50% of the length of Military Trail frontage. Staff commented that these issues were addressed with conditions of approval. The Planning and Zoning Commission unanimously recommended approval of the application to the City Council. STAFF RECOMMENDATION Staff recommends APPROVAL of petition PCD -99 -08 with nine (9) requested waivers, and conditions of approval. 8 City Council Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 CITY COUNCIL At its December 6, 2001 meeting the City Council passed Ordinance 43, 2001 on first reading. The City Council had two major concerns that have been addressed by the applicant: (1) Landscaping along the wall facing Alternate A1A looked inadequate. The Council requested that the applicant take action to provide for additional landscaping in this area. The applicant has revised the master buffer plan to include an additional cocoplum and seagrape hedge that is also intended to reduce noise reflection off the wall adjacent to the Florida East Coast Railroad. The hedge will be in addition to the "palm cluster" landscaping to provide for visual interest in this area. The plant material is consistent with the communities native plant community theme and is drought- tolerant and requires low- maintenance. (2) There is a potential that school bus service may not continue within the gated community. The applicant should provide for an alternative safe location outside of the gated community where school children may wait for buses. The applicant has agreed to a condition of approval to return to City Council for an "alternative shelter location" approval, in the event that school bus service is discontinued within the community. G /Ed /2001 /pcd9908cc �07 Last Revised November 19, 2001 November 21, 2001 November 26, 2001 December 11, 2001 ORDINANCE 43, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM WATERMARK COMMUNITIES, INC., FOR A RE- ZONING FROM PLANNED DEVELOPMENT AREA (PDA) TO PLANNED COMMUNITY DEVELOPMENT (PCD), TO ALLOW FOR A 905 SINGLE - FAMILY AND 132 MULTI - FAMILY DWELLING UNIT RESIDENTIAL COMMUNITY ON APPROXIMATELY 365.6 ACRES KNOWN AS THE "EVERGRENE" COMMUNITY, LOCATED SOUTH OF DONALD ROSS ROAD AND NORTH OF HOOD ROAD, BETWEEN MILITARY TRAIL AND ALTERNATE Al A, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Watermark Communities, Inc. (PCD- 99 -08) for approval of an approximately 365.6 acre, 905 single family and 132 multi - family dwelling unit residential community, located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate A1A, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the site is currently zoned Planned Development Area and has a land use of Residential Medium; 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 Regulation; and WHEREAS, on November 13, 2001, the City's Planning and Zoning Commission reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. Ordinance 43 , 2001 Meeting Date: December 20, 2001 Date Prepared: December 10 , 2001 Petition PCD -99 -08 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the re- zoning of the approximately 365.6 -acre site from Planned Development Area (PDA) to Planned Community Development (PCD), which is located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate A1A, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said PCD shall be known as the "Evergrene PCD." SECTION 2. Said Planned Community Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: Project Plans and Uses 1) Fee simple residential lots shall not include parkways; landscape easements or buffers; lake maintenance areas or any water management area; or any other community- serving open space (Planning and Zoning). 2) Parcel access illustrated on the master plan is conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details (City Engineer, Planning and Zoning). 3) Prior to the issuance of the 985th Certificate of Occupancy, the petitioner shall remove the temporary sales center and parking area (Planning and Zoning). 4) The amenities parcel shall be completed prior to the issuance of the 3501h residential Certificate of Occupancy (Planning and Zoning). Environmental Preservation and Landscapina 5a) The applicant, successors, or assigns shall be responsible for the landscape installation and maintenance of the road shoulders of those sections of public rights -of -way contiguous /adjacent to the Evergrene Planned Community Development (PCD), including: a. Western shoulder of Alternate A1A from Hood Road to Donald Ross Road, as permitted by the Florida Department of Transportation. 2 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10 , 2001 Petition PCD -99 -08 b. Northern shoulder of Hood Road from Military Trail to Alternate Al (to be incorporated into the "Parkway" design requirements), as permitted by Palm Beach County. C. Eastern shoulder of Military Trail from Hood Road to Donald Ross Road, as permitted by Palm Beach County. d. Southern shoulder of Donald Ross Road from Alternate Al to Military Trail (to be incorporated into the "Parkway" design requirements), in coordination with the widening of Donald Ross Road, as permitted by Palm Beach County. 5b) The applicant, successors, or assigns shall be responsible for the landscape installation of the medians (including irrigation, where applicable) of those sections of public rights -of -way contiguous to the Evergrene Planned Community Development (PCD), including: a. Alternate Al A from Hood Road to Donald Ross Road, as permitted by the Florida Department of Transportation. b. Military Trail from Hood Road to Donald Ross Road, as permitted by Palm Beach County. C. Hood Road from Alternate A1A to Military Trail, with the exception of that portion adjacent to "The Isles" PCD, as permitted by Palm Beach County. d. Donald Ross Road from Military Trail to Alternate A1A, in coordination with the installation of a left turn lane at this location, as permitted by Palm Beach County. 5c) The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation, where applicable) of those sections of public rights -of -way adjacent/contiguous to the Evergrene Planned Community Development (PCD), until such time as future development adjacent/contiguous to said rights -of -way, where applicable, are platted, at which time future development shall provide a pro -rata share in the cost of the maintenance, including: a. Hood Road from Military Trail to Alternate A1A. b. Alternate Al A from Hood Road to Donald Ross Road, as permitted by the Florida Department of Transportation. C. Military Trail from Hood Road to Donald Ross Road. d. Donald Ross Road from Alternate Al to Military Trail. 6) The median and road shoulder landscaping shall be submitted to 3 Ordinance 43 , 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 the Growth Management Department for review and approval and installed based on the following schedule: Hood Road - Median & Road Shoulder Landscaping Submit landscape plans to City: Concurrent with the submittal of the road widening plans to Palm Beach County for approval. Installation: Concurrent with the construction of the road widening of Hood Road from Military Trail to Alternate A1A. Military Trail - Median & Road Shoulder Landscaping Submit landscape plans to City: Within 90 days of the effective date of this development order. Installation: Prior to the completion of the Military Trail entrance drive into the Evergrene PCD. Donald Ross Road — Median & Road Shoulder Landscaping Submit landscape plans to City: Concurrent with the road widening plans submitted to Palm Beach County for approval, including installation of left turn lane. Installation: Concurrent with the construction of the road widening of Donald Ross Road from Alternate A1A to Military Trail and installation of left turn lane. Alternate A1A - Median and Road Shoulder Landscaping Submit landscape plans to City: Within 90 days of the effective date of this development order. Installation: Concurrent with the construction of the road widening of Alternate Al from Hood Road to Donald Ross Road, if permitted by FDOT. 7) Prior to the issuance of the first certificate of occupancy, the applicant shall place monies, in an amount equal to 110% of the cost of the landscape improvements, in an escrow account established by the applicant to be used by its successors or assigns to complete the project. In the event the City of Palm Beach Gardens, or another entity, forms a special district pertaining to the landscape maintenance of contiguous rights -of -way, then the Evergrene property owners association, successors or assigns shall automatically become a member of such special district. This condition may be amended at any time by a separate agreement between the applicant and the City Palm Beach Gardens (Planning and Zoning). 4 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10 , 2001 Petition PCD -99-08 8) The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of the root zone and canopy drip line area. No detrimental changes in pH and topography /drainage may result in disturbance or destruction of the preserve areas. Applicant's landscape architect and /or environmental consultant during land alteration /construction activities shall monitor protection of the preserve and buffer areas (City Forester, City Environmental Consultant). 9) The proposed project shall be micro -sited to ensure the protection of listed plant and animal species, ensure that the highest quality wetlands and uplands are preserved intact and ensure that an adequate buffer is maintained around all preserved areas (City Forester, City Environmental Consultant). 10)AII preserve areas, native vegetation, and trees to be preserved shall be identified with protective fencing. The Growth Management Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Chapter 102- 10(5)(e) of the City's Code of Ordinances and the approved Preservation /Relocation Plan are protected (City Forester, City Environmental Consultant). 11)Detailed road right -of -way and landscape plans for all interior PCD collector roads, including the lake loop road, shall be reviewed and approved by the Growth Management Department prior to issuance of a permit to construct said road or phase thereof (Planning and Zoning). 12)Prior to acceptance by the City of the spine road, from Donald Ross Road to the roundabout, the City Forester shall field check the spine road within preserve areas to determine if supplemental landscape is required (City Forester). 13)Within six (6) months of the effective date of this development order, the applicant shall submit detailed PCD buffer plans for Growth Management Department approval. The maintenance of the landscaping shall be the obligation of the applicant and /or its successors and assigns. Buffers shall be installed consistent with the PCD Buffer Plan (Planning and Zoning). 14)Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Growth Management Department approval (Planning and Zoning). 15)Prior to the 1St certificate of occupancy within an adjacent parcel to a public right -of -way, construction shall begin on PCD buffers. PCD buffer installation shall be completed prior to the issuance of 50% of 5 Ordinance 43 , 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 the residential certificates of occupancy within the adjacent parcel (City Forester). 16)Prior to the platting of the preserve areas, an upland preserve maintenance plan shall be submitted to the City for review and approval by the City Engineer and the City's Environmental Consultant (City Forester). Siqnaqe 17)The Planning and Zoning Commission and City Council shall review all entry features to the project, including entry signage, other architectural features, and landscaping, as well as a master signage program, as a separate petition (Planning and Zoning). 18)Within six (6) months of development order approval, the Planning and Zoning Commission and City Council shall review a master signage program, as a separate petition (Planning and Zoning). 19)Prior to issuance of a building permit for the temporary sales center, the applicant shall submit to the Growth Management Department a temporary signage program for review and approval (Planning and Zoning). Dedications and Improvements 20)AII sidewalks within the parkway easements, not located within the road rights -of -way, shall be dedicated as public access easements and shall be maintained by the Master Property Owners Association (Planning and Zoning). 21)During the course of development, all property within the PCD shall be platted in accordance with the requirements of the City's Land Development Regulations. 22)AII land areas within the project shall have completed the recordation of the plats and the installation of on -site and off -site infrastructure and common landscaping (or providing surety for the same) prior to December 31, 2006, subject to the requirements set forth in section 78 -61 of the Land Development Regulations. Traffic Concurrency and Circulation 23)Prior to the issuance of the first certificate of occupancy (with the exception of the approved model homes) for each parcel, the City shall accept the Substantial Completion of the north -south spine road adjacent to and providing access to said parcel as approved by 6 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10 , 2001 Petition PCD -99 -08 the City Engineer. Substantial Completion for the spine road is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. The installation of landscaping, sidewalks, or lighting fixtures is not required for substantial completion (City Engineer). 24)Prior to the issuance of first certificate of occupancy (with the exception of the approved model homes) within each parcel, the supporting infrastructure of said parcel shall be constructed and approved by the City. The roadway portion of each parcel shall be constructed to a point of Substantial Completion. Substantial Completion for the roadway within the parcel is defined as follows: the first lift of asphalt and a complete and operable drainage system shall be installed. The installation of landscaping, sidewalks or lighting fixtures are not required for Substantial Completion (City Engineer). 25)Prior to the issuance of the first building permit (with the exception of the approved model homes) for any structure, the applicant shall provide surety that is acceptable to the City for the construction of the improvements for the spine road, from Donald Ross Road south to the Hood Road entrance and including the Military Trail entrance. The applicant shall provide an annual evaluation and adjustment of the surety for the spine road to account for inflation and fluctuations of construction costs. The annual evaluation and adjustment shall be performed prior to the first day of February of each year (City Engineer). 26)No more than 855 daily trips (any combination of land use) may be permitted until the contract is let for widening Alternate A1A from Hood Road to Gardens Parkway. This is an "assured construction" project (City Engineer, Palm Beach County). 27)No more than 2,708 daily trips (any combination of land use) may be permitted until the contract is let for construction of the Alternate A1A/PGA Boulevard Interchange, which includes widening of Alternate Al from Gardens Parkway to the Loop Road. This is an "assured construction" project (City Engineer, Palm Beach County). 28)No more than 5,132 daily trips (any combination of land use) may be permitted until the contract is let for widening of Hood Road, from Military Trail to Alternate A1A. This is not an "assured construction" project (City Engineer, Palm Beach County). 29)No more than 5,560 daily trips (any combination of land use) may be permitted until the contract is let for the addition of a second northbound left -turn lane at the intersection of Alternate A1A and Hood Road. This is not an "assured construction" project (City 7 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99-08 Engineer, Palm Beach County). 30)No more than 5,660 daily trips (any combination of land uses) may be permitted until the contract is let for adding a northbound through lane, southbound through lane and eastbound through lane at the intersection of Hood Road and Alternate Al (City Engineer, Palm Beach County). 31)No more than 5,905 daily trips (any combination of land use) may be permitted until the contract is let for changing lane configurations on the northbound approach to three left turn lanes, and one right turn lane, at the intersection of PGA Boulevard and Victoria Gardens Drive. In case FDOT does not approve this change in lane configuration, then one additional northbound left turn lane shall be provided. This is not an "assured construction" project (City Engineer, Palm Beach County). 32)No more than 6,500 daily trips (any combination of land use) may be permitted until the contract is let for the widening of Alternate Al from the Loop Road to south of RCA Boulevard, and addition of exclusive right -turn lanes on both the eastbound and westbound approaches, at the intersection of Alternate A1A and RCA Boulevard. This is not an "assured construction" project (City Engineer, Palm Beach County). 33)No more than 6,500 daily trips (any combination of land use) may be permitted until the contract is let for adding a northbound through lane at the intersection of RCA Boulevard and Alternate Al (City Engineer, Palm Beach County). 34)No more than 6,938 daily trips (any combination of land use) may be permitted until the contract is let for the addition of a second eastbound left turn lane at the intersection of Military Trail and Donald Ross Road. This is an "assured construction" project (City Engineer, Palm Beach County). 35)At time of construction of all entrance drives to the site, the applicant shall provide exclusive right turn ingress lanes and left turn ingress lanes at all intersections with surrounding public rights -of- way (City Engineer, Palm Beach County). 36)For all roadway improvements that are not an "assured construction" project, the developer shall enter into a Public Facilities Agreement (PFA) with Palm Beach County for funding of the roadway improvements in a form acceptable to the county Engineer, within six (6) months of issuance of the Development Order, and before the first building permit is issued (City Engineer, Palm Beach County). 37)The applicant shall conduct a traffic signal warrant study during 8 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10 , 2001 Petition PCD -99 -08 peak season for the signalization of the Military Trail entrance to the development prior to the issuance of the 519th and the 985th certificate of occupancy. Should the warrant study indicate a need for a signal, the applicant, successor, or assigns shall be required to provide for the full cost of the signal, or as otherwise determined by the City Engineer. The applicant shall submit a bond for the cost of said signal, prior to the issuance of the 519th certificate of occupancy. If the signal is not warranted at the 985th certificate of occupancy, the City shall return said bond to the applicant. (City Engineer). 36)The applicant shall pay to the City a pro -rata share of the cost of the installation of the traffic signal at the intersection of Hood Road and Alternate Al A at the time of signal installation (City Engineer). 37)At such time a traffic signal becomes warranted at the intersection of Prosperity Farms Road and Hood Road, per Ordinance 4, 2001, the applicant shall pay to the City its pro -rata share of the cost of installation (City Engineer). 38)Prior to the issuance of the 985th certificate of occupancy for this project, the spine road and all of the internal collector roadways shall be fully constructed and approved by the City of Palm Beach Gardens. Prior to the final certificate of occupancy for each Pod or Parcel, the internal collector roadways serving said parcel shall be fully constructed and approved by the City of Palm Beach Gardens (City Engineer). 39)Prior to the build -out date, a signal warrant analysis shall be performed annually during the peak season at the intersection of Hood Road and Alternate Al A (City Engineer). Surface Water Management 40)No construction of any portion of the Surface Water Management System shall be undertaken without first submitting to the City plans, specifications and supporting calculation for review and approval by the City (City Engineer). 41)The applicant shall copy all correspondence to and from South Florida Water Management District regarding the Surface Water Management System to the City (City Engineer). 42)The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices, as generally accepted by 9 Ordinance 43, 2001 Meeting Date: December 20,2001 Date Prepared: December 10 , 2001 Petition PCD -99 -08 the Environmental Planning Agency (EPA) and /or local regulatory agencies, for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plans, inspection and maintenance of controls during construction, and submission of a Notice of Termination (City Engineer). 43)The construction, operation and /or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas. If at anytime during the development it is determined by the City Engineer that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and a manner acceptable to the City Engineer prior to additional construction activities (City Engineer). 44)Any temporary construction associated with phasing the proposed surface water management system improvements shall be undertaken so as to not impact native vegetation in designated buffer areas, preserve areas and wetlands (City Engineer). 45)AII areas designated for maintenance of the surface water management system shall be no less than 20 -feet wide (minimum) with graded slopes no steeper than 8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the maintenance areas in a manner that will in any way restrict, impede or otherwise limit the use of these areas for their intended purpose (City Engineer). 46)Prior to the issuance of the first building permit for each portion of the project, the applicant shall provide surety acceptable to the City for Public Improvements as defined by Section 78 -461 of the City's Land Development Regulations. Surety outstanding for more than one (1) year shall be evaluated and adjusted annually to account for inflation and fluctuations of construction costs (City Engineer). 47)Prior to the issuance of building permits for residential units, a contract shall be issued by the applicant for construction of that portion of the surface water management system such that legal positive drainage, required levels of service and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily delayed or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No certificates of occupancy shall be issued until the approved phased portion of the surface water management system has been 10 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 completed, certified to the City and South Florida Water Management District by the engineer -of- record and determined to be acceptable by the City Engineer and Northern Palm Beach County Improvement District (City Engineer). 48)No construction /land alteration shall occur until an environmental resource permit for construction and operation of the surface water management system, or portions thereof, are issued by SFWMD and approved by the City (City Engineer). 49)The water management system shall be continued to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City (City Engineer). 50)The applicant and /or NPBCID shall furnish and install continuous lake stage recorders including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to monitor lake stages. Installation shall be concurrent with the acceptance of the water management system by NPBCID for all, or any portion of the system. The locations and number of stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and NPBCID (City Engineer). 51)Upon PCD approval, the applicant may apply for an excavation and fill permit, which is subject to review and approval by the Growth Management Department (Planning and Zoning). 52)The petitioner and the City of Palm Beach Gardens shall establish the boundaries of the Lake Maintenance Easement in order to accommodate the existing lake condition. The easement may vary from the standards of Section 282, as acceptable to the City Engineer; however, the design of said lake condition shall be approved by the City Engineer (City Engineer). School Board 53)The applicant, successor or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District (Planning and Zoning). 54)ln the event that school buses no longer enter the community, the applicant shall submit an alternate bus stop and shelter plan for City 11 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10 , 2001 Petition PCD -99 -08 Council review and approval (Planning and Zoning). Utilities 55)AII utilities shall be placed underground and within private road rights -of -way or recorded easements, unless specifically approved by the Growth Management Department (Planning and Zoning). Public Safety 56)Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City's Crime Prevention Division shall be utilized during the site planning of the development parcels (Police Department, Planning and Zoning). Disclosure 57)Prior to the issuance of the first residential building permit, except model homes, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County (City Attorney). 58)An annual report shall be submitted to the Growth Management Department by December 20 of each year, until the project has reached buildout, that describes the project's current status and compares its progress with the provisions of the development order (Planning and Zoning). 59)The applicant shall provide written disclosure to all future homebuyers that the clubhouse parcel shall be built prior the 350th residential certificate of occupancy. The form of such disclosure shall be approved by the City Attorney prior to the sale of the first residential unit (City Attorney). SECTION 3. Waivers are hereby granted with this approval, as indicated in exhibit "B" attached hereto. SECTION 4. Construction of the Planned Community Development shall be in compliance with the following plans on file with the City's Growth Management Department: 12 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10 , 2001 Petition PCD -99-08 Official Exhibits: 1. October 26, 2001, Master Site Plan, Urban Design Studio, 1 Sheet 2. October 2, 2001, Buffer Plans, Lucido and Associates, Sheets 1 -2 and 7 -10 3. December 10, 2001, Buffer Plans, Lucido and Associates, Sheets 3 - 6 4. October 26, 2001, Crosswalk Detail Sheet, Urban Design Studio, 1 Sheet 5. October 26, 2001, Temporary School Bus Stop Detail Sheet, Urban Design Studio, 1 Sheet 6. October 2001, Typical Roadway Sections, Southern Design Group, 3 Sheets 7. October 2, 2001, Typical Roadway Sections, Southern Design Group Sheets 1 of 1 and 2 of 2 8. October 2, 2001, Typical Landscape Plans for Interior Roadways, Lucido and Associates, 4 Sheets 9. October 2, 2001, Sales Center Site Plan, Urban Design Studio, 1 Sheet 10. October 2, 2001, Sales Center Landscape Plan, Lucido and Associates, 2 Sheets 11. September 28, 2001, Preliminary Water, Sewer and Drainage Plan, Southern Design Group, 2 Sheets 12. September 28, 2001, Master Drainage Plan, Temporary Sales Center, Southern Design Group, 2 Sheets 13. February 29, 2000, Topographic Survey, Cranahan, Proctor and Gross, 2 Sheets 14. April 20, 2001, Traffic Impact Analysis, Kimley -Horn and Associates. Supportinq Documents: 15. June 8, 2001, Wetland Cross Section EE, CZR, Inc., 1 Sheet 16. August 11, 2000, Mitigation Monitoring Plan, CZR Inc., 1 Sheet 17. August 9, 2000, Mitigation Plan, CZR, Inc., 1 Sheet 18. August 17, 2001, Surface Water Management System Application, Southern Design Group 19. October 25, 2001, State Highway Improvement Plans, State Road Alternate A1A, George F. Young, Inc. 20. April 20, 2001, Traffic Impact Analysis, Kimley -Horn and Associates. 21. December 20, 1999, Application of Environmentally Sensitive Lands, Joanne Davis and Associates. 22. July, 2000, Hood Road, Widening Construction Plans, Palm Beach 13 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 County, 17 Sheets SECTION 5. This approval expressly incorporates all representations made by the developer or its agents at any public meeting or hearing. 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. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS (o DAY OF -bc -e. 2001. PLACED ON SECOND READING THIS DAY OF 2001. PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO 14 Ordinance 43, 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 ATTEST BY: CAROL GOLD, MMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILPERSON FURTADO COUNCILMAN SABATELLO G /ed /2001 /pcd9908ord 15 Ordinance 43 2001 Meeting Date: December 20, 2001 Date Prepared: December 10, 2001 Petition PCD -99 -08 EXHIBIT "A" 16 LiCATION SKETCH NOT TO SCALE LEGAL DESCRIPTION A PARCEL OF LAND SITUATE IN SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM. BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF (E 1/2) OF SAID SECTION 25 LYING NORTHERLY OF THAT CERTAIN ROAD RIGHT -OF -WAY DESCRIBED IN DEED BOOK 1083, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY., FLORIDA. LESS AND EXCEPTING THEREFROM THAT PORTION THEREOF LYING EASTERLY OF THE WEST RIGHT-OF -WAY LINE OF THE FLORIDA EAST COAST RAILROAD. ALSO LESS THE RIGHTS -OF -WAY OF MILITARY TRAIL AND DONALD ROSS ROAD. CONTAINING 97.296 ACRES, MORE OR LESS. TOGETHER WITH: A PARCEL OF LAND SITUATE IN SECTIONS 25 AND 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF THE EAST HALF (E 1/2) OF SAID SECTION 25 LYING SOUTHERLY OF THAT CERTAIN ROAD RIGHT-OF -WAY DESCRIBED IN DEED BOOK 1083, PAGE 139, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. TOGETHER WITH THAT PART OF SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST LYING NORTHERLY OF THE NORTH RIGHT-OF -WAY LINE OF HOOD ROAD AND EASTERLY OF MILITARY TRAIL. LESS AND EXCEPTING THEREFROM THAT PORTION THEREOF LYING EASTERLY OF THE WEST RIGHT -OF -WAY LINE OF THE FLORIDA EAST COAST RAILROAD. ALSO LESS THE ADDITIONAL RIGHTS -OF -WAY OF MILITARY TRAIL AND HOOD ROAD CONVEYED IN OFFICIAL RECORDS BOOK 7483, PAGE 1746. ALSO LESS THOSE PARCELS OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 2856, AT PAGE 595, OFFICIAL RECORDS BOOK 2732, AT PAGE 422, AND OFFICIAL RECORDS BOOK 2732, AT PAGE 428, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA. CONTAINING 265.424 ACRES, MORE OR LESS. LAST DATE OF FIELD WORK: 2/01/00 SURVEYOR'S CERTIFICATE EXHIBIT "B" Evergrene PCD Waivers from Land Development Regulations Code Section Required Provided Section 78 -155 Submit with PCD application Submit at future date Common Area Landscape Plan Section 78 -506 5 foot wide sidewalks on each side of Meandering Sidewalks roadway 8 -foot multi -use on one side of spine road Section 78 -341 Off - street parking only permitted. On street parking Intent (off- street parking) On -site parking required Section 78 -343 Location of required parking Section 78 -498 (f) 80 -foot wide minimum ROW for collector 60 -foot wide ROW with curbing minimum ROW streets. widths. Section 78 -186 (8) Maximum height of 6 feet in residential Maximum height of 10 feet Fences and Walls zoning districts adjacent to FEC RR. Section 182 Lake 20 foot easement without vertical Existing landscaping within the Maintenance construction or trees LME for the existing lake. Easements Section 78 -345 Maximum of 110% required parking Temporary Sales Center 190% Number of Parking permitted of code with overflow lot Spaces Required Section 183 Size Minimum loading size space of 12'X 35' 10' X 18.5' loading space at of Loading Spaces temp. sales center Section 78 -446 No building permits issued prior to plat Temp. sales center prior to plat Plat review and recordation recordation approvalprocess Site = PCD Underlying Zoning: Pod Specific PCD Gross Density: Residential Medium: Maximum of 9 dwelling units per acre Parcel Density: Low: max of 5 du /ac Medium: max of 9 du /ac High: max of 12 du /ac Minimum Size Area 50 acres - Open Space Requirement Overall PCD: 20% Open Space Requirement for residential parcels: 35% Consistent with the Master Plan 2.8 dwelling units per acre As indicated on the Master Plan 362.72 acres 43% To be determined Planning & Zoning Commission Meeting Date: October 17, 2001 Date Prepared: Ocotber 10, 2001 Petition PCD -99 -08 To be determined Yes To be determined. 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CITY COUNCIL Growth Management Department Staff Report Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 SUBJECT /AGENDA ITEM Condition Use Petition, CU -01 -05 — Parcel 4 (Evergrene PCD) Excavation and Fill Operation Public Hearing and Second Reading of Ordinance 45, 2001: A request by Tara -Lynn Patton of Communities Finance Company to conduct an excavation and fill operation within parcels 4.03 and 4.06 (aka: Evergrene PCD). The 362.72 -acre site is generally located between Alternate A1A and Military Trail, and between Hood Road and Donald Ross Road. RECOMMENDATION Staff recommends approval of Ordinance 45, 2001, with conditions. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Principal Planner Costs: $ X Approved 7 — 0 [ ] PP City Attorney Project Manager Total [ ] App. w/ conditions Leonard G. in ] Denied Mark Hendrickson $ [ ] Rec. approval Finance NA City Forester Current FY Rec. a [ ] PP• w/ conds. Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growl Date: December, 4 [ ] Operating 11" x 17" Set of t Direc19 0) 2001 [ ]Other Proposed Plan Ordinance 45, ' Charles K. Wu, AICP Paper: Palm Beach 2001 Post Budget Acct. #: Approved by: City Manager [ ] Not Required [ ] None Ronal Ferr' Affected parties: X] Notified [ ] Not Required City Council Meeting Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition CU -01 -05 BACKGROUND Parcels 4.03 and 4.06 received approval on December 21, 2000, with the adoption of Resolution 97, 2000, for the conceptual location of 53 acres of upland preservation and the removal of all exotic vegetation. The applicant is currently seeking approval of petition PCD- 99 -08, also known as the Evergrene Planned Community District (PCD). To date, all the exotic vegetation has been removed from the buffers and preserves within 100 feet of the perimeters of parcels 4.03 and 4.06. Per Section 78 -159 of the City's Land Development Regulations, a conditional use approval is required to conduct an excavation and fill operation on parcels 4.03 and 4.06 as an independent development order. However, if the PCD receives approval before this petition, this petition will become moot. LAND USE & ZONING The subject site is zoned Planned Development Area (PDA), and has a future land -use designation of Residential Medium (RM). PROJECT DETAILS Site Access: Access is currently available off of Military Trail and Hood Road. All fill material generated from the excavation activity will remain on site. Bufferinq: Staging areas and stockpiling (fill areas) are all interior to the site. The upland and wetland preserves and the existing vegetation within the proposed PCD buffers will screen this activity from the surrounding properties. As a condition of approval, vegetation will be protected and /or relocated into buffer areas within the proposed PCD. Drainaqe: The drainage work is based on the Unit 2A plan and will benefit all surrounding properties. PLANNING AND ZONNING COMMISSION On November 13, 2001, the Planning and Zoning Commission reviewed this conditional use application and recommended approval of the proposed excavation and fill operation (7 -0). 2 City Council Meeting Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition CU -01 -05 OUTSTANDING ISSUES There are no significant outstanding issues with this petition. RECOMMENDATION Staff recommends approval of petition CU -01 -05 with ten (10) conditions, which are included in the attached Ordinance. g /mark: CU- 01 -05PZ 3 Last Revised November 20, 2001 November 21, 2001 ORDINANCE 45, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM COMMUNITIES FINANCE COMPANY FOR A CONDITIONAL USE TO ALLOW AN EXCAVATION AND FILL OPERATION WITHIN PARCELS 4.03 AND 4.06 GENERALLY LOCATED BETWEEN ALTERNATE A1A AND MILITARY TRAIL, AND BETWEEN HOOD ROAD AND DONALD ROSS ROAD, COMMONLY KNOWN AS THE EVERGRENE PCD AND MORE PARTICULARLY DESCRIBED HEREIN; 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 (CU- 01 -05) from Communities Finance Company for approval of a conditional use to allow an excavation and fill operation within parcels 4.03 and 4.06 generally located between Alternate Al and Military Trail, and between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 362.72 acre site is currently zoned Planned Development Area (PDA), and has a future land use designation of Residential Medium (RM); and WHEREAS, an excavation and fill operation within a PDA requires a conditional use according to Section 78 -159 of the Land Development Regulations; and WHEREAS, the Growth Management Department has determined that information provided within the CU -01 -05 application meets the requirements set forth under Section 78- 1590)(66), entitled "Excavation and fill, and borrow pit operations," in the City's Land Development Regulations and has recommended approval of said application; and WHEREAS, on November 13, 2001, the Planning and Zoning Commission reviewed said application and recommended that it be approved subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a conditional use to allow an excavation and fill operation within parcels 4.03 and 4.06, generally located between Alternate Al and Military Trail, and between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Last Revised November 20, 2001 November 21, 2001 November 26, 2001 SECTION 2. Said Planned Development Area is approved for an excavation and fill conditional use subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to any clearing activities, vegetation that can be saved shall be tagged for preservation (protective barriers installed, if necessary), or relocated within the proposed PCD buffers, preserves, holding areas or other anticipated open spaces to protect them from future development. 2. The applicant shall take extreme caution when filling in and around preservation areas to ensure the protection of root zones under the canopy drip line area. Silt fencing shall be used around all preservation areas. No detrimental changes in pH and topography /drainage may occur which results in a disturbance or destruction of the preserve areas. The applicant's landscape architect and /or environmental consultant shall monitor protection of preserve and buffer areas during excavation and fill operations. 3. If after any excavation and fill work occurs, the land remains vacant for more than three continuous months, the area shall be seeded with a groundcover to prevent soil erosion. 4. The applicant shall comply with Section 78- 1590)66c of the Land Development Regulations, entitled "Permits, plans and specifications, surety, and permit fees for excavation and fill operations." 5. The applicant shall comply with Division 4, Sections 78 -243 and 78 -244, and Section 78 -302 of the Land Development Regulations, concerning the enforcement of violations that occur within approved preserve areas and any other open space. 6. No clearing of vegetation shall occur on areas of the site that are not specifically indicated as stockpile areas. This permit does not include the filling of parcels. 7. The applicant shall not stockpile soil in a manner that is visible from the surrounding roadway network, including Alternate A1A. 8. The applicant shall limit the stockpiling area to a maximum height of 20- feet, with side slopes no steeper than 3 -feet horizontal to 1 -foot vertical. 9. The applicant shall use Best Management Practices, as generally accepted by the Environmental Protection Agency and /or the local regulatory agencies, to protect the disturbed areas from pollution and erosion. 10.The City Engineer and the City Forester shall have the ability to make field modifications to the Construction Plans. SECTION 3. Construction of the site shall be in compliance with the following plans on file with the City's Growth Management Department (dates represent the date the plan was received and stamped in): 2 2 3. 4. Last Revised November 20, 2001 November 21, 2001 November 26, 2001 Evergrene (A.K.A. WCI — Parcel 4) Construction Plans for the Lake Excavation, grading and Master Drainage System by Southern Design Group, Inc., and date stamped (September 28, 2001) into the Planning and Zoning Division, Sheets 1 — 11. Mitigation Planting Plan by CZR, and date stamped (September 28, 2001) into the Planning and Zoning Division, Exhibit 2. Lake Littoral Plantings by CZR, and dated September 26, 2001 (unstamped), one 8x11 sheet attached to Exhibit 2. Cross Section Details by CZR, and date stamped (September 28, 2001) into the Planning and Zoning Division, Exhibit 3. SECTION 4. 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 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. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS THE (p " DAY 2001. PLACED ON SECOND READING THIS THE DAY OF PASSED AND ADOPTED THIS THE DAY OF MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN 200 200. COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTEST BY: Last Revised November 20, 2001 November 21, 2001 November 26, 2001 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD, MMC CITY ATTORNEY CITY CLERK VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO A: Mark/TXT- 01 -02.or Ei Parcel 4.03 EXHIBIT "A" A,�j pamel.of� land r.�situate. ink. Sµecytyio�n- 25..C_rp.vvMship,4.1p„ South, Range 42-Ep Palm Beach ,County, .. •M..,•- ....: -•-1: ....vr•.• _• ��1 •ot1�,��LL dri111 �fVl:i��L71L1{r•K1LY l"i�i�.�� {V�1vVi�:'G�:�s..✓. t-.7Y �;!H� WM�rm�a �--•n= ra. yron.�r�:•'......_ ..... _.. .. ... .. _. That part of the East half (E 1;2) of said Section 25 lying Northerly of that certain road right of way described in Deed Book 10.83, page'l39, public records of Palm Beach County; Florida. LESS AND EXCEPTING THEREFROM that portion thereof lying Easterly of the West right of way line of the Florida East Coast Railroad. ALSO LESS the rights of way of Military Trail and Donald Ross Road. Parcel 4.06 A-parcel of land situate in Sections 25 and 36, Township 41 South, Range 42 East, Palm Beach County, Florida, and being more particularly described as follows:. That pan of the East half (E 112) of said Section 25 lying Southerly of that cernin road right of way - described in-Deed Book- 1- 083; -at- page - 139; - public- records- ofPalin -- Beach-- Gounty-,-Flonda: Together with that part of Section 36, Township 4.1 South, Range 42 East lying Northerly of the North right of way line of Hood Road and Easterly of Military Trail. LESS AND EXCEPTING THEREFROM that portion thereof lying Easterly of the West right of way line of the Florida East Coast Railroad. ALSO LESS the additional rights of way of Military Trail and Hood Road conveyed in Official Records Book 7483, page 1746. ALSO LESS those parcels of land described in Official Records Book 2856, at page 595, Official Records Book 2732, at page 422, and Official Records Book 2732, at page 428, public records of Palm Beach County, Florida. xay•y�t�ls *)k TnTal PC)r P A7 �Id CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 SUBJECT /AGENDA ITEM SP -01 -23 — Evergrene Parcel 413 Consideration of Approval: Resolution 181, 2001, a request by Henry Skokowski of Urban Design Studio, on behalf of Community Finance Company (a subsidiary of Watermark Communities, Inc.), for approval of 77 single - family units and 63 multi - family units within Parcel 413. The proposed dwelling units will be within the Evergrene Planned Community District (PCD), located between Hood Road & Donald Ross Road, and between Military Trail and Alternate A1A. (25/36 -41 S -42E) RECOMMENDATION Staff recommends approval of Resolution 181, 2001, which contains conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Principal Planner NA Costs: $ A [ ]Approved / G� Project Manager( Total [ ] App. w/ conditions City Attorney [ ] Denied Leonard G. R ubn John Li A CP $ [ ]Rec. approval Finance NA Current FY [X] Rec. app. w/ conds. 7 - 0 Human Res. NA Funding Source: [ ] Rec. Denial [ ] Operating [ ] Continued to: Submitted by: Advertised: Attachments: Growth Mana n O I Date: [ ]Other • Resolution 181, 2001 / Direct r � (,(�� Paper: •Project Narrative • Design Guidelines Charles K. Wu, AICP [X] Not Required Budget Acct. #: • Waiver requests and justifications Approved by: City Manager [ ] None Affected parties: Ronald M. Ferris [ ] Notified - {X] -Not Required C/ City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -23 BACKGROUND The Evergrene PCD, as currently proposed, will have 905 single - family units and 132 multi- family units, and is approximately 365.6 acres in size. The applicant is processing two site plan applications concurrently with the PCD application. Parcel 413 is approximately 20 acres in size and will contain 77 porch -front homes (single - family) and 63 "Mansion" units (multifamily). The "Mansion Home" model is a new housing prototype within the City, and shall consist of three units located within one building, which is designed to appear as a large "single- family" unit. The narrative written by the applicant describing this project has been attached to this report. LAND USE & ZONING Parcel 413 is proposed to be zoned Planned Community District (PCD), with an underlying zoning of Residential Low Density — 3 (RL -3) for the "Porch Front Homes ", and an underlying zoning of Residential High Density (RH) for the "Mansion Homes ", consistent with the Master Plan designation of Residential High (RH). The parcel has a future land - use designation of Residential Low (RL), based on the overall density of the PCD, which is 2.68 dwelling units per acre. CONCURRENCY The type and number of dwelling units within Parcel 413 are consistent with the approved concurrency for the Evergrene PCD. PROJECT DETAILS Design Guidelines Per requests from the Planning and Zoning Commission and Staff, the applicant has provided design criteria for Parcel 413 (see attachment). The guidelines address the architectural themes and treatments that will be used, as well provisions that will prevent repetitive colors, treatments, and architectural styles. Waivers Residential High Density (RH) is the requested underlying zoning forthe "Mansion Homes" in Parcel 4B, and is the appropriate zoning designation against which to evaluate the proposed multi - family units in terms of consistency with the City's Land Development Regulations. Residential Low Density — 3 (RL -3) is the requested underlying zoning for the "Porch -Front Homes" in Parcel 413, and is the appropriate zoning designation against which to evaluate the proposed "Porch -Front Homes" in terms of consistency with the City's Land Development Regulations. The following tables (Tables 1 and 2) list the waivers necessary for the "Mansion Homes" and the "Porch -Front Homes ". City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -23 [THIS SECTION INTENTIONALLY LEFT BLANK] City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -23 Section 78 -141 3,040 square feet Yes Minimum Building Site Area for RL -3: 6,500 square feet Section 78 -141 38 feet Yes Minimum Lot Width for RL -3: 65 feet Section 78 -141 52% Yes Maximum Lot Coverage for RL -3: 35% Section 78 -141 0 feet (fence /deck) Yes Side Setback for RL -3: 7.5 feet 4 feet (building & screen /enclosure) Section 78 -141 5 feet (fence /deck) Yes Side Setback Facing a Street for RL -3: 20 8 feet (screen /encl.) feet 12 feet (building) Section 78 -141 0 feet (fence /deck) Yes Rear Setback for RL -3: 10 feet 5 feet (building & screen /enclosure) Section 78- 441(c) Dry Model Permits Yes Plat Approval Prior to Dry Model Permits Prior to Plat Approval Section 78 -498 20 -foot alleys Yes Local Street — Minimum Cross - Section: 50 feet 4 City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -23 STAFF RECOMMENDATION Staff recommends APPROVAL of petition SP -01 -23 with the conditions contained in Resolution 181, 2001. PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition as a workshop at their October 17, 2001 meeting. On November 13, 2001, the Commission voted 7 — 0 to recommend approval of this petition with the conditions recommended by Staff and the waivers requested by the applicant. g /john: sp0123.cc 5 December 20, 2001 RESOLUTION 181, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "PARCEL 413" WITH A TOTAL OF 77 SINGLE - FAMILY UNITS AND 63 MULTI - FAMILY UNITS WITHIN THE EVERGRENE PCD, LOCATED BETWEEN HOOD ROAD & DONALD ROSS ROAD AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent for Community Finance Company, for approval of a site plan for 77 single - family homes and 63 multi - family units within the Evergrene PCD, located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, development of the site shall comply with the Design Guidelines for Parcel 413, as more particularly described in Exhibit "B" attached hereto; and WHEREAS, the applicant seeks eight (8) waivers as part of site plan approval for the single - family homes and five (5) waivers as part of site plan approval for the multi- family units; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with an underlying zoning of Residential Low (RL) and a future land use designation of Residential Low (RL); 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, on November 13, 2001, the Planning and Zoning Commission recommended approval of the site plan for Parcel 4B. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for 77 single - family homes and 63 multi - family units within the City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -23 Evergrene PCD, located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions that shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. Prior to construction plan approval, the applicant shall: a. Identify the drainage patterns for the open space areas and the lots that will direct runoff to the front and those that will split the runoff between the front and back. (City Engineering) b. Submit a Drainage Plan that specifies RCP to be used under all load- bearing surfaces. (City Engineering) c. Submit a Temporary Model Parking Lot Site Plan, parking space details, pavement marking details, pavement cross - sections, landscape plan, and photometric plan for administrative review and approval by the City. (City Engineering) 2. Prior to the issuance of the first building permit, the applicant shall: a. Provide a letter of authorization from all utility owners allowing landscaping within their easements. (City Engineering) b. Apply for, obtain, and submit to the City, a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) 3. The applicant shall post surety prior to the issuance of a building permit for the models homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of construction of all of the proposed models. (City Engineering) 4. Lot 57 shall be restricted to a 2 -story model, and shall include a three -foot landscape buffer adjacent to the wall to the east of the lot that shall be maintained by the property owners association. (Planning & Zoning) 5. All lighting shall be metal halide. (Police) 6. Landscaping shall not conflict with lighting (including long term tree growth). (Police) 7. A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. (Police) 8. Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height. (Police) 9. Numerical addresses shall be illuminated for nighttime visibility, shall have bi- directional visibility from the roadway, and shall be a minimum of 6 inches in height. (Police) 10. The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School District. (Planning & Zoning) 2 City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -23 11. The applicant, successors or assigns shall notify all purchasers of the approved design guidelines by including these guidelines in the purchase agreement. (Planning & Zoning) Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five (5) waivers for the 63 multi - family units (Mansion Homes) with this approval: A waiver from Section 78 -141 of the City Code, which requires a minimum side setback of 20 feet. The applicant proposes a setback of 13 feet. The waiver is approved for seven feet. 2. A waiver from Section 78 -141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a setback of 12 feet. The waiver is approved for eight feet. 3. A waiver from Section 78 -141 of the City Code, which requires a minimum rear setback of 20 feet. The applicant proposes a ten -foot setback. The waiver is approved for ten feet. 4. A waiver from Section 78- 441(c) of the City Code to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. 5. A waiver from Section 78 -498 of the City Code, which requires a minimum of 50 -foot local street cross - sections. The applicant proposes 20 -foot alleys. The waiver is approved for 30 feet. Section 4. The City Council of the City of Palm Beach Gardens hereby approves the following eight (8) waivers for the 77 single - family units (Porch -Front Homes) with this approval: A waiver from Section 78 -141 of the City Code, which requires a minimum site /lot area of 6,500 square feet. The applicant proposes a site area of 3,040 square feet. The waiver is approved for 3,460 square feet. 2. A waiver from Section 78 -141 of the City Code, which requires a minimum lot width of 65 feet. The applicant proposes a lot width of 38 feet. The waiver is approved for 27 feet. 3 City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -23 3. A waiver from Section 78 -141 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 52% lot coverage. The waiver is approved for an additional 17% lot coverage. 4. A waiver from Section 78 -141 of the City Code, which requires a minimum side setback of 7.5 feet. The applicant proposes a zero -foot side setback for fences and decks, and a four -foot side setback for buildings and screen enclosures. The waiver is approved for 7.5 feet (fence /deck) and 3.5 feet (building /screen enclosure). 5. A waiver from Section 78 -141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a five -foot setback for fences and decks, eight -foot setback for screen enclosures, and 12 -foot setback for buildings. The waiver is approved for 15 feet (fence /deck), 12 feet (screen enclosure), and eight feet (building). 6. A waiver from Section 78 -141 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes a zero -foot setback for fences and decks, and a five -foot setback for buildings and screen enclosures. The waiver is approved for ten feet (fence /deck) and five feet (building /screen enclosure). 7. A waiver from Section 78- 441(c) to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. 8. A waiver from Section 78 -498 of the City Code, which requires a minimum of 50 -foot local street cross - sections. The applicant proposes 20 -foot alleys. The waiver is approved for 30 feet. Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows (dates represent the date the plans were received and stamped in): 1. Parcel 4B Site Plans by Urban Design Studio, sheets 1 of 2 and 2 of 2 (2 sheets total), dated October 9, 2001. 2. Landscape Plans by Lucido & Associates, cover sheet and sheets 1 of 7 through 7 of 7 (8 sheets total), dated October 9, 2001. 3. Floor Plans, Roof Plan, and Elevations — Mansion Homes by Watermark Communities, Inc., sheets 1 of 4 through 4 of 4 (4 sheets total), dated October 9, 2001. 4. Floor Plans, Roof Plan, and Elevations — Porch Front Homes by Watermark Communities, Inc., sheets 1 of 6 through 6 of 6 (6 sheets total), dated October 9, 2001. 4 City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -23 Section 6. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 7. 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 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE 201h DAY OF DECEMBER 2001. ATTESTED BY: Carol Gold, MMC, City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: sp0123.re JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT 5 City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -23 EXIHIBIT "A" LEGAL. DESCRIPTION A PARCEL OF LAND LYING WITHIN SECTION 36, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 38; THENCE NORTH 89 052'40" WEST, ALONG THE NORTH LINE OF SAID SECTION 36, A DISTANCE OF 224.64 FEET; THENCE SOUTH 01 018'45" WEST, ALONG A LINE 103,00 FEET WEST OF, AND PARALLEL WITH THE WEST RIGHT -OF -WAY LINE OF THE F.E.C. RAILROAD, AS SHOWN ON ROAD PLAT BOOK 4 AT PAGE 222 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, A DISTANCE OF 62.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 01 618'45" WEST, ALONG THE LAST DESCRIBED COURSE, A DISTANCE OF 771.35 FEET; THENCE NORTH 88 °08'04" WEST, A DISTANCE OF 582.03 FEET; THENCE SOUTH 01 °18'45" WEST, A DISTANCE OF 605.03 FEET; THENCE NORTH 88 008'04" WEST, ALONG A LINE 80.00 FEET NORTH OF AND PARALLEL WITH THE NORTH RIGHT -OF -WAY LINE OF HOOD ROAD, AS RECORDED IN OFFICIAL RECORDS BOOK 1083 AT PAGE 139 OF SAID PUBLIC RECORDS, A DISTANCE OF 556.82 FEET; THENCE NORTH 01013'51" EAST, A DISTANCE OF 746.59 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT SEARS NORTH 51 053'52" EAST; THENCE SOUTHEASTERLY, EASTERLY, NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 85.50 FEET AND A CENTRAL ANGLE OF 175 °31'30 ", A DISTANCE OF 261.93 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT BEARS NORTH 01 022'09" EAST; THENCE EASTERLY, NORTHEASTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 63B.50 FEET AND A CENTRAL ANGLE OF 79 °05'47 ", A DISTANCE OF 881.45 FEET; THENCE SOUTH 82 °25'08" EAST, ALONG A NON - RADIAL LINE, A DISTANCE OF 72.22 FEET; THENCE SOUTH 89 052'40" EAST, A DISTANCE OF 304.51 FEET TO THE POINT OF BEGINNING. SAID LANDS SITUATE IN THE CITY OF PALM BEACH GARDENS, FLORIDA, AND CONTAIN 20.163 ACRES, MORE OR LESS. City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -23 EXIHIBIT "B" Design Guidelines for Parcel 413 of the Evergrene PCD 1. The Architectural Themes shall include: - Craftsman (Porch- Front) - Prairie (Porch- Front) - Bungalow (Porch- Front) - Mission (Porch- Front) - Spanish Colonial (Porch- Front) - French Country (Porch -Front & Mansion) - Italianate (Porch -Front & Mansion) 2. Unifying architectural treatments shall include: - Stucco Wall Finish - Concrete "S" Roof Tile or Flat Concrete Roof Tiles -Rear entry garages -Multi -pane front elevation windows 3. No two homes located side by side shall have the same combination of exterior wall and trim color. 4. No two homes located side by side shall have the same combination of architectural style and floor plan. For example, you may have two (2) Italianate Architectural Themes next to each other, but with different floor plans. Another example is that you may have two (2) same floor plans next to each other, but cannot consist of the same Architectural Themes. 5. Substantial alterations to said elevations shall be approved by the Growth Management Department. 7 PROJECT NARRA EVERGRENE PCE SITE PLAN APPLICATION FOR PARCEL 4B Porch Front & Mansion Homes July 7, 2000 Revised July 13, 2001 Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics HISTORY On December 29, 1999, the applicant submitted an application for a Planned Community District zoning. The PCD application, subsequently amended, indicates the proposal of development a unique, high - quality residential community with approximately 905 single - family units and 132 multi - family homes. The Evergrene PCD site is a 362.72 acre tract of land located at the southeast corner of Donald Ross Road and Military Trail. The site has a zoning designation of Planned Development Area (PDA) and a future land use designation of RM (Residential Medium). On July 7, 2000, this site plan application was submitted to the City for its review. The original site plan "application was for the construction of 543 homes (417 single - family homes and 126 multi - family homes) within the (then- named) Parcels 4, 5, 6, 7 and 8 within the PCD Master Plan. Since that time, several changes have been made to the site plan. Per the request of the City, the Military Trail entrance was relocated. Modifications to the product, lots and phasing were also made. Per the request of City staff, the original site plan application was divided into two separate applications. This site plan is the second of two applications being re- submitted at this time and contains a total of 77 single - family homes (Porch Front) and 63 multi - family homes (Mansion). The application consists of two product types, Porch Front and the Mansion product. These products are located within Parcel 4B of the current PCD Master Plan. SITE PLAN APPLIATION The goal of creating the Porch Front and Mansion product is to allow differentiation in product type. The products offered in this parcel are more traditional and urban in nature. Alleys, on- street parking and mews (houses grouped around a open space area) and shorter setbacks are all incorporated into the design in order to create a neighborhood feel and offer a mix of product - - wthui Palm- -Beach Gardens. Porch Front product is a single - family product type. The product consists of four (4) four floorplan options and several architectural design options that include: Spanish Bungalow, Craftsman and Prairie. The units range from approximately 1,890 — 2,536 square feet. Each home contains a two -car garage that is accessed through a rear alley. The alley is shared with a series of homes and serves as the driveway 2 0 0 0 P a l m B e a c h L a k e s to the unit. A majority of the Porch Front homes front onto a B o u l e v a r d greenway or mews, which allows the homes to overlook a landscaped s u i t e 6 0 0 T h e C o n c o u r s e West Palm Beach, Florida 33409 -6582 561.689.0066 561 . 6 89 0551 fax Irvino FA 111. .LR9.a131 area. The mews are designed as a focal feature and gathering place for the residents. Homes that do not overlook a mews area are located adjacent to a tree -lined street, where on- street parking will be permitted. The Mansion product type is a townhouse unit. The product has been designed to contain three (3) units within each building. This site plan application consists of a total of 31 buildings (63 units). The Mansions are designed to look like a one large estate home. The view from the front and side elevations appear as if the building was one large home. The rear contains three separate garages for each of the units. These homes are also serviced to the rear via an alley. The homes range in size from approximately 1,562 -2,151 square feet. The Mansion homes will come in two elevation types, a French County and Italianate. These homes will line the southern portion of the lake and the Hood Road entrance. The color and accent materials also contain a variety of options that coordinate with each of the architectural designs. The scale and design of the homes allow them to serve as a unique backdrop of the lake and provide another choice of housing type within the Evergrene community. Both the Porch Front and the Mansion products require on- street parking in order to meet the City's parking requirements. The waiver request to have on- street parking is addressed in the PCD Master Plan. However, as stated earlier, there are four (4) floorplan options in the Porch Front product line. Model #1 will be a two - bedroom unit and Model #2 will be a three - bedroom home. Models #3 and #4 will contain four (4) bedrooms. While each Porch Front unit contains two parking spaces, the remaining required parking will be provided through on- street parking. There is sufficient parking to allow up to seventy (70) four bedroom units. The remaining seven (7) units in the site plan would feature either the two- bedroom or three- bedroom units. In reality, there will be an integrated mix of Porch Front models within the subject parcel, so there will be sufficient parking for the site. With respect to the Mansion Units, there are five (5) garage spaces provided within each homesite. The remaining required parking will be provided through on- street parking which will be available along Hood Road and the loop road, surrounding the lake. There are a total of 177 parking spaces required for the Mansion homes (168 bedrooms x 1 parking space/bedroom + 0.05% of total required parking for guest parking). One hundred and five (105) spaces are provided within the homesites, while the remaining seventy -two (72) required spaces will be located on the street. • w . ov i i w a i v 1 It - CL t V - UKt3HIN 11tJ 1 bN 5 I UV I U FAX : 5616890551 EVF-RG,REM PARCEL 4B SETBACKS Porch front Homes (Sjn0e Family) Lot Area - Required - Min. - 6,500 s.f. Proposed- Min. - 3,040 s.f.w Lot Coverage - Required - Max. - 35% Proposed - Max. - 52 %0 for Plan 1 p 47% for Plan 2 Lot Width - Required - Min. - 65' Proposed - Min. - 3810 Building Height - Required - Max. 2 stories/36 feet Proposed - Max. 2 stories/36 feet PAGE 2/ 6 G: ICOMMONVobs%Porc°14.034.06\lla oI 4R\wK ckdwns.101701.wpd 11'4" N/A N/A NIA N/A (10' in a Planned (Consistent with City a (10' in a Planned Development) Pt1D standards) > of 7.5' or 10% 41# N/A NIA 0' of tot width (12'separation on po opposite site of 4' setback) am 20' 12 "• NIA N/A 5' (Ctlnsfstent with cry 10' 5" N/A N/A & *Waiver Requested * Only possible in maximum of 26 (of 33 %) of the proposed 77 lots Mansion Homes (Multi - Family) Lo( Area - Required - Min. - 210,736 91 Lot Width - Required - Min. - 100 feet Proposed - Min. - 228,690 s.f. Proposed - Min. - 369 feet 131 w#ie V /.z 't c Lot Coverage - Required -Max, - 35% Building Height - Required -Max. , Proposed - Max. - 31% Proposed - Max. 2 stories /36 feet G: ICOMMONVobs%Porc°14.034.06\lla oI 4R\wK ckdwns.101701.wpd 30` 18' to porch, 23' to N/A N/A NIA a (10' in a Planned living area Development) For Units 1- 10.20' to po am (Ctlnsfstent with cry Q PUD standards) 20' 131 w#ie N/A N/A 0' ► (10' Building Separation) ' 20' 12" ' N/A N/A 2' w 20' 10'* N/A NIA 0' 'Waiver Requested A* Only one side setback proposed adjacent to 80 -foot Hood Road PCD buffer. G: ICOMMONVobs%Porc°14.034.06\lla oI 4R\wK ckdwns.101701.wpd L - ur-%OFQM uc� t u1v b 1 UO 1 U FAX :5616890551 E'VE1iGRENE PCD - PARCEL 48 - SITE PLAN ANALYSIS Porch Front Homes PAGE 3/ 6 Code Requirement Proposed Plan Consistent? Waiver Requested? Porch Front Home Site - RL-3 Minimum Building Site 3,040 s.f. No yes Area - 6,500 sJ Minimum Site Width 38 feet No Yes - 65 feet Max. Building Lot 52% for Plan 1 homes No Yes Coverage - 35% (limited to 26 of 77 lore - 33%) 47% for Plan 2 homes 49% for Plan 3 and 4 homes Max. Building Height - 36 feet Yes No 36 feet From Setback - 25 feet 1114" Consistent with City No (Consistent with City PUD Standards PUD Standards) Side Setback - 7.5 feet 4 feet No Yes (12' separation on opposite side of 4' setback) Side Street Setback - 20 12 feet No Yes feet Rear Setback -10 feet 5 feet No Yes Local Street: Min. Cross- 20 foot alleys No Yes Section - 50 feet 0:\ COMMONVobsV' arw14 .03A.06 \Parcel413\Setbaekcha u,101701,wpd ri.c ivo. � to /s1 'V1 1 -t:23 ID'URBAN DESIGN STUDIO FAX'5616890551 EVERGRENE PCD - PARCEL 48 - SITE PLAN ANALYSIS Mansion Homes PAGE 4/ 6 Code Requirement Proposed Plan Consistent? Waiver Requested? Mansion Home Site - RH Minimum Building Site 5.25 acres Yes No Aroa - 4.83 acres Max. Building Coverage 31% Yes No -35% Max. Building Height - 36 feet Yes No 36 feet Min. Lot Width - 100 feet 396 feet Yes No Front Setback - 30 feet 18' to porch, 23' to living Consistent with City No area PUD Standards For Units 1 -10, 20' to porch, 25' to living area (Consistent with City PUD standards) Side Street Setback - 20 12 feet No Yes feet Rear Setback - 20 feet 10 feet No Yes Local Street: Min. Cross- 20 foot alleys No Yes Section - 50 feet G:\COMMON\loba\Parcel4 A3-4A6 \Parcel 4Mseftckdsrrta.101701.wpd .__ �.. ..� ..� . ,u•vt�orev VC0111%4 01UUIU rHx:bb1b6VUbbl PAGE 5i 6 Waiver Justiflcation Evergrene PCD Site plan Application For Parcel 4B Porch Front and Mansion Product Original Uy 5, 2000 Revised September 17, 2001 Revised October 9, 2001 Revised October 31, 2001 Because of the unique nature of this application and the provision of housing types new to the City, there are several waivers being requested with this application. The housing type and lot layouts are "traditional" in nature and provide for a more urban lifestyle. Waivers 1. Lot Coverage. The requested maximum lot coverage for the Porch Front product is 52 %. The RL-3 zoning district requires a 35% lot coverage. Only the Plan 1 homes, which is a one -story model, will have the 52% maximum lot coverage and will be restricted to 26 (33 %) of the proposed 77 Porch Front home lots. The two -story models will feature a maximum 47% lot coverage for Plan 2 homes and 49 %, lot coverage for Plan 3 and 4 homes. The City's current Codes does not address the type of housing proposed by the Porch Front product. The placement of garages to the rear of the units and the forward location of the homes are attempts to emphasize the architecture of the homes and provide a more urban feel. Greenways and Mews (park areas in front of homes) is located within the site plan and allow for the enjoyment of open spaces. The design and the greenways /mew areas are a unique feature of this product type and offer an alternative to other product. types. The requested maximum building coverage for the Mansion Homes is 31 %, which is historically consistent with other project within the RM zoning district. The lot coverage requested is also consistent with more urban and traditional neighborhoods found in the eastern portions of West Palm Beach, Delray Beach, and Boca Raton. In addition, the Treasure Coast Regional Planning Council, allows for up to 3� " -/0 lrt +�evcrag _ for_ resi entlai nn. P , �cAa�a __ . *n_s. +e' red »��..,d lbt .,overagzs are -consistent with a variety of ordinances regarding residential developments of this nature. 2. Setbacks. We are proposing a variety of setbacks which will require waiver. The setbacks are needed in order to emphasize the architecture and to create the additional design, nostalgic of older neighborhood development. Please see the setback chart for a list of the setbacks being requested. We request that the setbacks be reviewed in context of the entire community and how the buildings relate to each other and to the streetseape. 1v/0i V 1 1 (• C4 ! U ; UKbHN Ut51 UN 5 t Ull 1 U FAX 5616890551 PAGE 6i 6 3. Lot Width. We are requesting a waiver to allow for a 38 -foot wide lots for the Porch Front homes. The ItL -3 zoning district standard is 65 -foot lot width. In association with this waiver request, we are also seeking a waiver to allow for a minimum 3,040 s.f lot size. The RL -3 code requirement for minimum lot area is 5,250 s.f. In addition, Parcel 4B is providing 40% open space, which is in excess of the City's requirement of 35 %. The Porch Front home is an alternative to the traditional lot type as specified in the RL -3 zoning district. The homes are intended to provide a lower level of maintenance and service those customers who desire a detached single family residence arranged within a multi- family environment. 4. Dry Model Permits Prior to Plat Approval. We are requesting a waiver from Section 217(c) to allow the issuance of building permits for model units prior to the plat being recorded. Section 217(c) states: "All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the City Council and placed in the official records of the county prior to the issuance of a building permit for the subject property." It is our desire to start construction of model units immediately upon site plan approval. The applicant understands that Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that no homes could be sold until the plat is recorded. The applicant is willing to provide for a bond for the cost of demolition. This request would allow the construction of these model units to begin during the 90t day period after site plan approval while the plat is being reviewed. 5. Alley Widths. We are requesting a waiver to allow for 20 -foot wide alleyways, which will consist of 12 feet of paving with two 4 -foot bands of pavers on each side. The existing code does not provide for an alley cross - section. The proposed alleys will not be used as "traditional" road right --of -way. Instead, the alley will be used to rear access drive for the Porch Front and Mansion units. If we must compare this section to a. road right -of -way, Section 78 -498, Minimum Engineering Guidelines and Standards for Planned Developments, calls for 2 ten foot lanes with 2 -foot curbs within a 28 -foot right -of -way. It is the intent that the alleys will act as a driveway and not as a street or road right -of -way. This request is confined to the Porch Front and Mansion unit product only. We have met the Growth Management, Police, Fire and Engineering Departments. 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The proposed dwelling units will be within the Evergrene Planned Community District (PCD), located between Hood Road & Donald Ross Road, and between Military Trail and AlternateA1A. (25/36- 41S -42E) RECOMMENDATION Staff recommends approval of Resolution 182, 2001, which contains conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Principal Planner NA Costs: $ [ ] Approved Project r Total [ ] App• w/ conditions City Attorney(/;) Leonard G. Rubin Manager (_ John Linen, AICP [ ] Denied $ [ ] Rec. approval Finance NA Current FY [X] Rec. app. w/ conds. 7-0 Human Res. NA Funding Source: [ ] Rec. Denial e ( ] Operating [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: [ ] Other • Resolution 182, 2001 Manag n,,t.1 (� 'I' • Project Narrative Direct ILY�iL� F , W1� Paper: • Design Guidelines Charles . Wu, AICP • Waiver requests and [X] Not Required Budget Acct. #: justifications Approved by: City Manager [ ] None Affected parties: Ronald M. Ferri [ ]_Notified [X]Not Required l City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 BACKGROUND The Evergrene PCD, as currently proposed, will have 905 single - family units and 132 multi- family units, and is approximately 365.6 acres in size. The applicant is processing two site plan applications concurrently with the PCD application. Parcels 1, 2, and 7 will contain 320 single - family homes on an approximately 85.3 -acre site. The narrative written by the applicant describing this project has been attached to this report. LAND USE & ZONING Parcels 1, 2 & 7 are proposed to be zoned Planned Community District (PCD), with an underlying zoning of Residential Low Density — 3 (RL -3), consistent with the Master Plan designation of Residential Medium (RM) for Parcels 1 and 7, and Residential Low (RL) for Parcel 2. The parcels have a future land -use designation of Residential Low (RL), based on the 2.68 dwelling units per acre overall density of the PCD. CONCURRENCY The type and number of dwelling units within Parcels 1, 2 & 7 are consistent with the approved concurrency for the Evergrene PCD. PROJECT DETAILS Design Guidelines Per requests from the Planning and Zoning Commission and Staff, the applicant has provided design criteria for Parcels 1, 2 & 7 (see attachment). The guidelines address the architectural themes and treatments that will be used, as well provisions that will prevent repetitive colors, treatments, and architectural styles. Waivers Residential Low Density — 3 (RL -3) is the requested underlying zoning for the single - family units in Parcels 1, 2 & 7, and is the appropriate zoning designation against which to evaluate the proposed single - family units in terms of consistency with the City's Land Development Regulations. The following tables (Tables 1 and 2) list the waivers necessary for the 65'X 120' lot homes and the 50'X 105' lot homes. 2 City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 t, � k'�'i S nt 4. � ,. � �j 1$ i" �' SM3� E• .,j rq . � :Parcels $ & 7 5r X '12Q offs ..... rs�from -3 Code Proposed , staff Supports -' Re idreruient .Flan Waiver? Section 78 -141 45% Yes Maximum Lot Coverage for RL -3: 35% Section 78 -141 Section 78 -141 10 feet (fence /deck) Yes Side Setback Facing a Street for RL -3: 20 feet 12 feet (building, 65 feet pool /spa, & Section 78 -141 45% screen /enclosure Maximum Lot Coverage for RL -3: Section 78 -141 5 feet (pool /spa) Yes Rear Setback for RL -3: 10 feet 3 feet (screen /encl.) Section 78 -141 0 feet (fence /deck) 0 feet fence /deck Side Setback for RL -3: 7.5 feet Section 78- 441(c) Dry Model Permits Prior Yes Plat Approval Prior to Dry Model Permits to Plat Approval Section 78 -506: Sidewalk on only one Yes Sidewalks on both sides of streets side of the street Side Setback Facing a Street for RL -3: 20 feet 3 � �,'.�.. w ..: d iTM k Parses ��8v €'7 50' 105' ots k' 3,��� }uirement, Proposec! Staff Supports Re, _:,.Plan.`" �._ _ ` `. Waiver? Section 78 -141 5,250 square feet ..f, Yes Minimum Building Site Area for RL -3: 6,500 square feet Section 78 -141 50 feet Yes Minimum Lot Width for RL -3: 65 feet Section 78 -141 45% Yes Maximum Lot Coverage for RL -3: 35% Section 78 -141 0 feet (fence /deck) Yes Side Setback for RL -3: 7.5 feet 2.5 feet (building) 5 feet (screen /encl.) 7 feet (pool/spa) Section 78 -141 10 feet (fence /deck) Yes Side Setback Facing a Street for RL -3: 20 feet 12 feet (building, pool /spa, & screen. enclosure) Section 78 -141 5 feet (pool /spa) Yes Rear Setback for RL -3: 10 feet 3 feet (screen /encl.) 0 feet fence /deck Section 78- 441(c) Dry Model Permits Prior Yes Plat Approval Prior to Dry Model Permits to Plat Approval Section 78 -506: Sidewalk on only one Yes Sidewalks on both sides of streets side of the street City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 STAFF RECOMMENDATION Staff recommends APPROVAL of petition SP -01 -24 with the conditions contained in Resolution 182, 2001. PLANNING & ZONING COMMISSION The Planning and Zoning Commission heard this petition as a workshop at their October 17, 2001 meeting. On November 13, 2001, the Commission voted 7 — 0 to recommend approval of this petition with the conditions recommended by Staff and the waivers requested by the applicant. g /john: sp0124.cc 4 December 20, 2001 RESOLUTION 182, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN APPLICATION FOR "PARCELS 1, 2 & 7" WITH A TOTAL OF 320 SINGLE - FAMILY UNITS WITHIN THE EVERGRENE PCD, LOCATED BETWEEN HOOD ROAD & DONALD ROSS ROAD AND AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent for Community Finance Company, for approval of a site plan for 320 single - family homes within the Evergrene PCD, located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, development of the site shall comply with the Design Guidelines for Parcels 1, 2 & 7, as more particularly described in Exhibit "B" attached hereto; and WHEREAS, the applicant seeks eight (8) waivers as part of site plan approval for the single - family homes on the 50 -foot wide lots, and five (5) waivers for the single - family homes on the 65 -foot wide lots; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with an underlying zoning of Residential Low (RL) and a future land use designation of Residential Low (RL); 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, on November 13, 2001, the Planning and Zoning Commission recommended approval of the site plan for Parcels 1, 2 & 7. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves a site plan for 320 single - family homes within the Evergrene PCD, located between Hood Road and Donald Ross Road, as more particularly described in Exhibit "A" City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions that shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. Prior to construction plan approval, the applicant shall: a. Submit a Drainage Plan to the City that specifies RCP to be used under all load - bearing surfaces. (City Engineering) b. Submit a Temporary Model Parking Lot Site Plan, parking space details, pavement marking details, pavement cross - sections, landscape plan, and photometric plan for an administrative review and approval by the City. (City Engineering) 2. Prior to the issuance of the first building permit, the applicant shall: a. Submit to the City written authorization from the utility owners allowing vertical construction within the 10 -foot utility easement as shown on the landscape plan (sheet 1 of 4) and architectural plan (sheet 1). (City Engineering) b. Apply for, obtain, and submit to the City, a Northern Palm Beach County Improvement District Standard Permit. (Planning & Zoning) 3. The applicant shall post a letter of credit prior to the issuance of a building permit for the models homes for the purposes of demolition and lien protection to remain in effect until the plat is recorded. The amount of the letter of credit shall equal a total of 1/3 of the hard costs of construction of all of the proposed models. (City Engineering) 4. All lighting shall be metal halide. (Police) 5. Landscaping shall not conflict with lighting (including long term tree growth). (Police) 6. A timer clock or photocell sensor engaged lighting shall be installed above or near entryways to residences and all sidewalks. (Police) 7. Street and pedestrian walkways shall use lighting that is no greater than 14 feet in height. (Police) 8. Numerical addresses shall be illuminated for nighttime visibility, shall have bi- directional visibility from the roadway, and shall be a minimum of 6 inches in height. (Police) 9. The applicant, successors or assigns shall post a notice of annual school boundary assignments for students from this development in a manner required by the Palm Beach County School, District. (Planning & Zoning) 10. The applicant, successors or assigns shall notify all purchasers of the approved design guidelines by including these guidelines in the purchase agreement. (Planning & Zoning) 2 City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following five (5) waivers for the single - family homes on the 65 -foot wide lots with this approval: 1. A waiver from Section 78 -141 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 45% lot coverage. The waiver is approved for an additional 10% lot coverage. 2. A waiver from Section 78 -141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a ten -foot setback for fences and decks, and a 12 -foot setback for buildings, pools, spas, and screen enclosures. The waiver is approved for ten feet (fence /deck), and eight feet (building /pool /spa /screen enclosure). 3. A waiver from Section 78 -141 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes a five -foot setback for pools and spas, a three -foot setback for screen enclosures, and a zero -foot setback for fences and decks. The waiver is approved for five feet (pool /spa), seven feet (screen enclosure), and ten feet (fence /deck). 4. A waiver from Section 78- 441(c) of the City Code to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. 5. A waiver from Section 78 -506 of the City Code, which requires sidewalks on both sides of streets. The applicant proposes sidewalks on one side of the streets. The waiver is approved for one sidewalk along streets. Section 4. The City Council of the City of Palm Beach Gardens hereby approves the following eight (8) waivers for the single - family homes on the 50 -foot wide lots with this approval: A waiver from Section 78 -141 of the City Code, which requires a minimum site /lot area of 6,500 square feet. The applicant proposes a site area of 5,250 square feet. The waiver is approved for 1,250 square feet. 2. A waiver from Section 78 -141 of the City Code, which requires a minimum lot width of 65 feet. The applicant proposes a lot width of 50 feet. The waiver is approved for 15 feet. 3 City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 3. A waiver from Section 78 -141 of the City Code, which requires a maximum 35% lot coverage. The applicant proposes 45% lot coverage. The waiver is approved for an additional 10% lot coverage. 4. A waiver from Section 78 -141 of the City Code, which requires a minimum side setback of 7.5 feet. The applicant proposes a zero -foot side setback for fences and decks, and a 2.5 -foot side setback for buildings, a five -foot setback for screen enclosures, and a seven -foot setback for pools and spas. The waiver is approved for 7.5 feet (fence /deck), five feet (building), 2.5 feet (screen enclosure), and 0.5 feet (pool /spa). 5. A waiver from Section 78 -141 of the City Code, which requires a minimum street side setback of 20 feet. The applicant proposes a ten -foot setback for fences and decks, and a 12 -foot setback for buildings, screen enclosures, pools, and spas. The waiver is approved for ten feet (fence /deck) and eight feet (building /screen enclosure /pool /spa). 6. A waiver from Section 78 -141 of the City Code, which requires a minimum rear setback of ten feet. The applicant proposes a zero -foot setback for fences and decks, a three -foot setback for screen enclosures, and a five -foot setback for pools and spas. The waiver is approved for ten feet (fence /deck), seven feet (screen enclosure), and five feet (pool /spa). 7. A waiver from Section 78- 441(c) to allow the issuance of building permits for model units (dry models) prior to the plat being recorded. Said waiver shall be consistent with the applicable conditions of approval outlined in Section 2 of this resolution. 8. A waiver from Section 78 -506 of the City Code, which requires sidewalks on both sides of streets. The applicant proposes sidewalks on one side of the streets. The waiver is approved for one sidewalk along streets. Section 5. Said approval and construction shall be consistent with plans filed with the City's Growth Management Department as follows (dates represent the date the plans were received and stamped in): 1. Parcels 1, 2 & 7 Site Plans by Urban Design Studio, sheets 1 of 6 through 6 of 6 (6 sheets total), dated November 26, 2001. 2. Landscape Plans by Lucido & Associates, cover sheet and sheets 1 of 6 through 6 of 6 (7 sheets total), dated November 26, 2001. 3. Floor Plans, Roof Plan, and Elevations — Single Family I (Minimum 65' X 120' lot) by Watermark Communities, Inc., sheets 1 of 7 through 7 of 7 (7 sheets total), dated November 26, 2001. 4 City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 4. Floor Plans, Roof Plan, and Elevations — Single Family 11 (Minimum 50' X 105' lot) by Watermark Communities, Inc., sheets 1 of 6 through 6 of 6 (6 sheets total), dated November 8, 2001 Section 6. The approval expressly incorporates and is contingent upon all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 7. 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 8. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE 20th DAY OF DECEMBER 2001. ATTESTED BY: Carol Gold, MMC, City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: sp0124.re JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT 5 EXIHIBIT "A" LEGAL DESCRIPTION City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 A PORTION OF THE EAST ONE -HALF OF SECTION 25, TOWNSHIP 41 SOUTH, RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ? COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 25; THENCE NORTH 89 °51114" WEST, ALONG THE NORTH LINE OF SAID SECTION 25, A DISTANCE OF 1813.15 FEET; THENCE SOUTH 00 °08'46" EAST, A DISTANCE OF 185.00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 621139" WEST, A DISTANCE OF 151.83 FEET; THENCE SOUTH 89 °38'21" EAST, A DISTANCE OF 100.00 FEET, THENCE SOUTH 00 *21'39" WEST, A DISTANCE OF 75.00 FEET; THENCE NORTH 89 °38'21" WEST, A DISTANCE OF 96.00 FEET; THENCE SOUTH 00 °21'39" WEST, A DISTANCE OF 120.00 FEET; THENCE NORTH 69 °38'21" WEST, A DISTANCE OF 130.00 FEET; THENCE NORTH 00 °21'39" EAST, A DISTANCE OF 55.41 FEET; THENCE NORTH 69 038'21" WEST, A DISTANCE OF 212.33 FEET, THENCE SOUTH 08 043139" WEST, A DISTANCE OF 37.60 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 357.50 FEET AND A CENTRAL ANGLE OF 15 °42'31 ", A DISTANCE OF 98.01 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 06 °58'52" EAST, A DISTANCE OF 31.95 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 442.50 FEET AND A CENTRAL ANGLE OF 24 007'35 ", A DISTANCE OF 186.33 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 17'08'43" WEST, A DISTANCE OF 25.13 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 357.50 FEET AND A CENTRAL ANGLE OF 22 °15'34 ", A DISTANCE OF 138.89 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 05 °06'51" EAST, A DISTANCE. OF 4.54 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT SEARS SOUTH 01 004'43" EAST; THENCE EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 320.00 FEET AND A CENTRAL ANGLE OF 44 °07'35 ", A DISTANCE OF 246.45 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 860.00 FEET AND A CENTRAL ANGLE OF 14 °5649 ", A DISTANCE OF 229.57 FEET TO THE POINT OF COMPOUND CURVATURE Of A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY, EASTERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 380,00 FEET AND A CENTRAL ANGLE OF 77 °56'48 ", A DISTANCE OF 516.96 FEET; THENCE NORTH 46 °19143" EAST, ALONG A NON- TANGENT LINE, A DISTANCE OF 68.51 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE LEFT, AT WHICH THE RADIUS POINT SEARS NORTH 51 °50'01" EAST; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1136.40 FEET AND A CENTRAL ANGLE OF 02 °46'05 ", A DISTANCE OF 54.90 FEET; THENCE SOUTH 40 "59'11" EAST, ALONG A LINE NON - TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 232.25 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 90.00 FEET AND A CENTRAL ANGLE OF 04 °43'56 ", A DISTANCE OF 7.43 FEET; THENCE SOUTH 47 °26'29" WEST, ALONG A NON - RADIAL- LINE, A DISTANCE OF 106.93 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 670,00 FEET AND A CENTRAL ANGLE OF 12 017'11 A DISTANCE OF 14167 FEET; THENCE SOUTH 15 °34'04" EAST, ALONG A NON - RADIAL LINE, A DISTANCE OF 205.05 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 355.00 FEET AND A CENTRAL ANGLE OF 18 °54'08 ", A DISTANCE OF 117.12 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 34 °28'11" EAST, A DISTANCE OF 171.80 FEET; THENCE NORTH 55 °31'49" EAST, A DISTANCE OF 28.00 FEET; THENCE LEGAL ORSCRIPTION (CONTINUED) City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 SOUTH 34 028'11" EAST, A DISTANCE OF 93.00 FEET; THENCE SOUTH 3W1713" EAST, A DISTANCE OF 422.30 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 288.30 FEET AND A CENTRAL ANGLE. OF fi7 °19'18 ", A DISTANCE OF 288,42 FEET; THENCE SOUTH 3581467" WEST, ALONG A NON - TANGENT LINE, A DISTANCE OF 39.66 FEET; THENCE SOUTH 42.14'40" WEST, A DISTANCE OF 112.03 FEET; THENCE! SOUTH 48.30'01" WEST, A DISTANCE OF 307.50 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHWESTERLY, AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 193,00 FEET AND A CENTRAL ANGLE OF 26.10'44 ", A DISTANCE OF 94.92 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 120.50 FEET AND A CENTRAL ANGLE OF 61 °29'23 ", A DISTANCE OF 129.32 FEET; THENCE SOUTH 27 447'39" WEST, ALONG A NON - RADIAL LINE, A DISTANCE OF 103.70 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 475.00 FEET AND A CENTRAL ANGLE OF 07 °26'53 ", A DISTANCE OF 61.61 FEET; THENCE NORTH 54 °4628" WEST, ALONG A LINE RADIAL TO THE LAST AND NEXT DESCRIBED CURVES, A DISTANCE OF 2.50 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1680.50 FEET AND A CENTRAL ANGLE OF 03 048'45 ", A DISTANCE OF 111.82 FEET; THENCE NORTH 50.57'44" WEST, ALONG A RADIAL LINE, A DISTANCE OF 49.93 FEET; THENCE NORTH 31464'00" WEST, A DISTANCE OF 96.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 364.00 FEET AND A CENTRAL ANGLE OF 49 °13'17", A DISTANCE OF 329.88 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 456.50 FEET AND A CENTRAL ANGLE OF 06 °3626, A DISTANCE OF 52.51 FEET; THENCE NORTH 34 °18'02" WEST, ALONG A NON - RADIAL LINE, A DISTANCE OF 123.90 FEET; THENCE NORTH 55 °41'58" EAST, A DISTANCE OF 109.93 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 70 °14'32" EAST; THENCE NORTHERLY, AND NORTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 154.00 FEET AND A CENTRAL ANGLE OF 65 °16'29 ", A DISTANCE OF 175A0 FEET, THENCE NORTH 33 °23'53" WEST, ALONG A NON - RADIAL LINE, A DISTANCE OF 110.57 FEET; THENCE NORTH 45 1130'01" EAST, A DISTANCE OF 205.37 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE NORTHEASTERLY, NORTHERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET AND A CENTRAL ANGLE OF 79 °58'13 ", A DISTANCE OF 69.79 FEET TO THE POINT OF TANGENCY; THENCE NORTH 34 °28'11" WEST, A DISTANCE OF 176.51 FEET; THENCE NORTH 55 031'49" EAST, A DISTANCE OF 28.00 FEET; THENCE NORTH 34 °28'11" WEST, A DISTANCE OF 186.80 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE. HAVING A RADIUS OF 645.00 FEET AND A CENTRAL ANGLE OF 18 °54'08 ", A DISTANCE OF 212.19 FEET TO THE POINT OF TANGENCY; THENCE NORTH 15 °34'04" WEST, A DISTANCE OF 193 -93 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS NORTH 06415'22" WEST; THENCE WESTERLY, AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 670.00 FEET AND A CENTRAL ANGLE OF 33 °2125 ", A DISTANCE OF 390.07 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 1170.00 FEET AND A CENTRAL ANGLE OF 14 °39'00 ", A DISTANCE OF 299.16 FEET; THENCE NORTH 89 °51'22" WEST, ALONG A NON TANGENT LINE, A DISTANCE OF 113.35 FEET; THENCE SOUTH 02 055131" EAST, A DISTANCE OF 67.59 FEET; THENCE SOUTH 01022107" WEST, A DISTANCE OF 176.14 FEET; THENCE SOUTH 76 004'26" EAST, A DISTANCE OF 121.74 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 06 °10'61" WEST; THENCE EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 957.98 FEET AND A CENTRAL ANGLE OF :90- 64'03 "; A DISTANCE OF 348.35 FEET TO THE POINT OF COMPOUND CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF `369.70 FEET AND A CENTRAL ANGLE OF 40 °20'29", A DISTANCE OF 260.30 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 22 038'37" EAST, A DISTANCE OF 351.76 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHEASTERLY, SOUTHERLY, AND SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 469,19 FEET AND A CENTRAL ANGLE OF 47 05911 ", A DISTANCE OF 392.96 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 25 °20134" WEST, A DISTANCE OF 140.59 FEET TO THE POINT OF City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 LEGAL DESCRIPTION (CONTINUED) CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE SOUTHWESTERLY, AND SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 33'49'39 ", A DISTANCE OF 59.04 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 08 °29'05" EAST, A DISTANCE OF 120.05 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A MIUS OF 445.25 FEET AND A CENTRAL ANGLE OF 16 "21'36 ", A DISTANCE OF 119.36 FEET TO THE POINT OF REVERSE CURVATURE OF A CIRCULAR CURVE TO THE LEFT: THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 80.00 FEET AND A CENTRAL ANGLE OF 06052'31 ", A DISTANCE OF 9.60 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 00'0900" WEST, A DISTANCE OF 95.37 FEET; THENCE NORTH 90'00'00" WEST, A DISTANCE OF 120.00 FEET; THENCE SOUTH 00 °00'00" WEST, A DISTANCE OF 140.88 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 400.00 FEET AND A CENTRAL ANGLE OF 12 409'24 ", A DISTANCE OF 84.87 FEET; THENCE SOUTH 73'54'04" EAST, ALONG A NON - RADIAL LINE, A DISTANCE OF 27.05 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE EASTERLY, AND SOUTHEASTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 275.00 FEET AND A CENTRAL ANGLE OF 28028'32 ", A DISTANCE OF 138.87 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 45 °25132" EAST, A DISTANCE OF 23.19 FEET, THENCE SOUTH 44 634'28" WEST, A DISTANCE OF 86.04 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT, AT WHICH THE RADIUS POINT BEARS SOUTH 67 °4933" WEST; THENCE SOUTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 245.00 FEET AND A CENTRAL ANGLE OF 44 011'22 ", A DISTANCE OF 188.96 FEET TO THE POINT OF TANGENCY; THENCE SOUTH 22 °00'55" WEST, A DISTANCE OF 259.48 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE SOUTHERLY, SOUTHWESTERLY, AND WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 285.00 FEET AND A CENTRAL ANGLE OF 85 059'15 ", A DISTANCE OF 427.72 FEET TO THE POINT OF TANGENCY; THENCE NORTH 71'59'50" WEST, A DISTANCE OF 8.62 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE LEFT; THENCE WESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 729.58 FEET AND A CENTRAL ANGLE OF 14 °45154 ", A DISTANCE OF 188.01 FEET TO THE POINT OF TANGENCY; THENCE NORTH 86 °45'44" WEST, A DISTANCE OF 7.43 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE TO THE RIGHT; THENCE WESTERLY, NORTHWESTERLY, AND NORTHERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 312.00 FEET AND A CENTRAL ANGLE OF 68 °08'55 ", A DISTANCE OF 480.01 FEET TO THE POINT OF TANGENCY; THENCE NORTH 01 °23'11" EAST, A DISTANCE OF 947.23 FEET; THENCE NORTH 75014'43" EAST, A DISTANCE OF 19.10 FEET; THENCE NORTH 59 °47'21" EAST, A DISTANCE OF 32.94 FEET; THENCE NORTH 33'27'32" EAST, A DISTANCE OF 34.39 FEET; THENCE NORTH 00 004'38" WEST, A DISTANCE OF 25.94 FEET; THENCE NORTH 65027102" EAST, A DISTANCE OF 9.13 FEET; THENCE NORTH 51 °40'47" WEST, A DISTANCE OF 83.96 FEET; THENCE NORTH 00 °06132" EAST, A DISTANCE OF 267.44 FEET; THENCE NORTH 68'24'58" EAST, ALONG A LINE RADIAL TO THE NEXT DESCRIBED CURVE, A DISTANCE OF 64.81 FEET TO A POINT ON THE ARC OF A CIRCULAR CURVE TO THE RIGHT; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 1028.88 FEET AND A CENTRAL ANGLE OF 11009'53 ", A DISTANCE OF 200.49 FEET; THENCE NORTH 01'21'41" EAST, ALONG A NON - TANGENT LINE, A DISTANCE OF 545.97 FEET; THENCE SOUTH 89051'22• EAST, A DISTANCE OF 68.04 FEET; THENCE NORTH 01022'07" EAST, A DISTANCE OF 228.05 FEET; THENCE NORTH 02 "55'31" WEST, A DISTANCE OF 60.09 FEET; THENCE NORTH 89'61'22" WEST, A DISTANCE OF 63.52 FEET; THENCE NORTH 01 022'07" EAST, A DISTANCE OF 608.05 FEET; THENCE NORTH 05 "01'52" EAST, A DISTANCE OF 250.57 FEET; THENCE NORTH 01022'07" EAST, A DISTANCE OF 251.43 FEET; THENCE SOUTH 89051'14" EAST, A DISTANCE OF 639.97 FEET TO THE POINT OF BEGINNING_ SAID LANDS ALL SITUATE IN PALM 13EACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND CONTAIN 85.330 ACRES, MORE OR LESS. City Council Meeting Date: December 20, 2001 Date Prepared: December 3, 2001 Petition SP -01 -24 EXIHIBIT "B" Desiqn Guidelines for Parcel 1, 2 & 7 of the Everqrene PCD 1. The Architectural Themes shall include: - Mission - Spanish Colonial - Italianate - Tuscan - French Country - Prairie 2. Unifying architectural treatments shall include: - Stucco Wall Finish - Concrete "S" Roof Tile - Decorative Metal Fixtures (Black) - Minimum 2 -car garage -Multi -pane front elevation windows - Paneled garage doors 3. No two homes located side by side shall have the same combination of exterior wall and trim color. 4. No two homes located side by side shall have the same combination of architectural style and floor plan. For example, you may have two (2) Tuscan Architectural Themes next to each other, but with different floor plans. Another example is that you may have two (2) same floor plans next to each other, but cannot consist of the same Architectural Themes. 5. Substantial alterations to said elevations shall be approved by the Growth Management Department. P' PROJECT NARRATIVE EVERGRENE PCD SITE PLAN APPLICATION FOR PARCELS 1, 2 and 7 SF -1 & SF -2 July 7, 2000 Revised July 13, 2001 Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics On December 29, 1999, the applicant submitted an application for a Planned Community District zoning. The PCD application, subsequently amended, indicates the proposal of development a unique, high- quality residential community with approximately 905 single family units and 132 multi- family homes. The Evergrene PCD site is a 362.72 acre tract of land located at the southeast corner of Donald Ross Road and Military Trail. The site has a zoning designation of Planned Development Area (PDA) and a future land use designation of RM (Residential Medium). On July 7, 2000, this site plan application was submitted to the City for its review. The original site plan application was for the construction of 543 homes (417 single family homes and 126 multi- family homes) on approximately 96.03 acres within the (then - named) Parcels 4, 5, 6, 7 and 8 within the PCD Master Plan. Since that time, several changes have been made to the site plan. Per the request of the City, the Military Trail entrance was relocated. Modifications to the product, lots and phasing were also made. Per the request of City staff, the original site plan application was divided into two separate applications. This application contains a total of 320 single family homes, which consists of two product types, the SF -1 and the SF -2. These products are located within the renamed Parcels 1, 2 and 7 of the PCD Master Plan. The SF -1 product consist of a minimum lot size of 65' x 120'. The site plan contains 144 SF -1 product. All of the SF -1 product type are located on either a preserve area or waterbody. On homes that are located adjacent to a preserve area, it is our intent to keep as much existing vegetation on each of the home sites as possible. The SF -1 product types contain four (4) floorplan options. In addition, there are four (4) elevation options (Italianate, Tuscan Mediterranean, Spanish Colonial and Mission) in which to chose from. The color and accent materials also contain a variety of options that coordinate with each of the architectural designs. The SF -2 product type consists of a minimum lot size of 50'x 105'. The site plan consists of a total of 176 SF -2 product. A majority of the SF -2 product is located on either a preserve or waterbody. The SF -2 contain four (4) elevation options (Italianate, Tuscan Mediterranean, Spanish Colonial and French Country) in which to chose from. The color and accent materials also contain a variety of options that coordinate with each of the architectural designs. We have included a prototype floorplan for each SF -1 and SF -2 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489:8131 product. Each of the four elevations options available for each product type have also been included for your review. r i LrZ tvo - you i V /31 - V l 1(;4,1 1 V : LR<UPN 11151 UN S I UU l U FAX : 5616890551 E_VIKAGRLNE PARCELS. I. 2. & 7 SETBACKS SF- 651x120' Single FAMOV Detached Lot Area - Required - Min. - 6,500 s,f. Lot Width - Required - Min. - 65' Proposed - Min. - 7,1100 s.f. Proposed - Min. - 65' Lot Coverage - Required - Max. - 35% Building Height - Required - Max. 2 stories /36 feet Proposed - Max. - 45%* Proposed - Max, 2 stories /36 feet 25' 20' (10' in a Planned (Consistent with Development) City PUD standards) 25' 12' N/A (Consistent with City PUD ( Consistent with City standards) >of7.5'or10% 7.5', oflot width Development) 20' 12'* 4 .... Q• 10' 10' `Waiver Requested 50'x145' Single Family Detached Lot Area - Required - Min. - 6,500 s.f. Proposod - Min. - 5,250 s.f.` Lot Coverage - Required - Max. - 35% Proposal - Max. 45%0 N/A N/A N/A N/A N/A N/A 9' 12'* 5'* 7.5' 3" Lot Width - Required -Min. - 65' Proposed - Min. - 501* Building Height - Requirod - Max. 2 stories /36 foot Proposed - Max. 2 stories/36 feet 5' 0' PAGE 2i 5 Q:t COMMON Vobs\Parcci4.03.4.06\Psrcel 1.2 &7lsetb4ckchan- a.101701.wpd LCC35 1 at ..•' v. rte: phi. 25' 15' (20' for garages) N/A N/A N/A (l0' in a Planned ( Consistent with City Development) Prll) standards) > of 7.5' or I0a /a 51* 71* 51* 0' of lot width l0' building separation (Pot Floor " Plan #1, there will be:.i .minirntttt+ 2.5° setback and 7.5' building separation) 2.5' area limited to ±.9.51 r of side home elevation - , for Floor Plan 41 ' i1 wsi_•n 20' 121* 124* 121* 5 ' 10' 5'. 310 01 ..� For lots with a For lots with a back- : € A back -to -back to -back condition a 5' t? condition a 7' setback_• setback.* Q:t COMMON Vobs\Parcci4.03.4.06\Psrcel 1.2 &7lsetb4ckchan- a.101701.wpd LCC35 a IMV.CQ0 1V /31 V1 1(:44 1ll:UKURN VES1GN STUDIO FAX:5616890551 PAGE 3i 5 EVERGRENE PCD - r.ACELS 1, 2 & 7 - SITE PLAN ANAL1 .,iS SF 1 Homes Cade Requirement Proposed Plan Consistent? Waiver Requested? Site - RL-3 Minimum Building Site Area - 6,500 s.f. 7,800 v. f. Yes No Minimum Site Width - 65 feet 65 feet Yes No Minimum Building Lot Coverage - 35% 45% No Yes Maximum Building Height - 36 foot 36 feet Yes No Front Setback - 25 feet 20 feet front entry garage 12 feet side entry garage Yes, consistent with City PUD Standards No Side Setback - 7.5 feet 7.5 feet Yes Nn Side Street Setback - 20 feet 12 feet No Yes Rear Setback - 10 feet 10 feet Ycs No RF 2 Homes Code Requirement Proposed Plan Consistent? Waiver Requested? Site - RL-3 M nfinurn Building Site 5,250 s.f. No Yes Area - 6,500 s. f. Minimum Site Width - 65 50 feet No Yes foot Minimum Building Lot 45% No Yes Coverage - 35% Maximum Building 36 feet Yes No Height - 36 feet Front Setback - 25 feet 15' (20' for garages) Yes, consistent with City No (Consisren( with City PUD PUD standards standards) Side Setback - 7.5 feet 5s: - No- .. Yes 10' building separation (For Floor plan $01, there will be a minimum 2.5' setback and 7.5' building separation) 2.5' area limited to ± 9.5' of side home elevation for Floor Plan X11 Side Street Setback - 20 12 feet No Yes feet Rear Setback - 10 feet 10 feet Yes No Gw1 COMMONUob6 \P4rce14.03A.06\Parcel I.2 &7kethsachsn- a.101701.wpd I tL.L- IvV.VVV 1V -'.71 VI 1( •µv IV -VKDHM UmOlUIN JIUUIU rHA;0010UW*01 NHUL 4/ 'J Waiver Justifleation Evergrene PCD Site Plan Application For Parcels 1, 2 and 7 SF -1 and SF -2 Product Original July 5.2000 Revised September 17, 2001 Revised October 31, 2001 The following is the justification for requested waivers for Parcels 1, 2 and 7 of the Evergrene PCD. Waivers Lot Coverage. We would like to request a maximum lot coverage of 45 %. The maximum lot coverage standard found in the RL -3 zoning district is 35 %. This site plan application consists of 46% open space. Each neighborhood within this site plan was designed to maximize contiguous open spaces and place homes adjacent to upland preserve areas. All of the SF -1 product and a majority of the SF -2 product type overlooks a preserve or waterbody. The exterior buffers adjacent to the major aerterials range from 70' to 150' in width. Careful consideration was made to design the spine road with open space corridors which will allow residents to enjoy the preserves areas via the multi - purpose trail system. By doing this, it is our goal to offset the additional lot coverages through the careful provision of open space corridors and preserve areas. 2. Setbacks. We are requesting waiver for the SF -1 and SF -2 products to allow for a 12 -foot side street setback for the building, pool and screen enclosure. This waiver is compatible with the side setbacks found in the Island Cove (5' side corner setback) and Arbor Chase (10') communities within Ballenlsles and the Masters (10') and Monterey Pointe (10') neighborhoods within PGA National. We would also like to request a waiver on the rear setbacks of the SF -1 and SF -2 product, as it relates to pool and screen enclosures. While the RL -3 zoning district requires 10' setback, we would ask that pools be permitted 5' from the property line and screen enclosures 3' from the property line. All of the SF -1 and a majority of the SF -2 product contained in the site plan back up to a preserve or water body. The impact of these elements are thereby ... -- _i`iiin-imized a these w il_s'nSEa3'vilETO pia%+ baok: gip: t�:.orsF =anct e:, u%e pFopose- a- 7:.:. setback for pools and a 5' setback for screen enclosures. For homes that are located adjacent to a public right -of -way, we have ensured that a buffer no less than 90' is provided in order to screen the public right -of -way. For the SF -2 product, we are proposing a 5 -foot side setback with a 10 -foot minimum separation. This side setback waiver is consistent with other approved side setbacks for the Coquina Club (51 and Island Cove (5') neighborhoods within 13allenlsles and the Eagleton Cove (51) neighborhood in PGA National. Additionally, we request with Model #I of the SF- f "1LC IVV.VVO 1V/01 Vl 1! •L4D 1L- VMDHIV LCJ1l71V JIVVIU rHA;00100Z1V0.71 F'FIl7t .tip 2 product be permitted to contain 2.5' side setback and minimum 7.5' building separation. This allows for an extension of the family and kitchen area of this particular home and only incorporated ±9.5 feet of the side elevation. 3. Lot Width /Size. We are requesting a waiver to allow for the SF-2 product to contain a minimum lot width of 50 feet and a minimum lot size of 5,250 square feet. The RL -3 zoning district standard is 65 -foot lot width and minimum lot size of 6,500 square feet. Please note that the lot width is consistent with similar projects in the City, such as Eagleton (50') within PGA National and Orchid Cay (501) within Ballenisles. The proposed lot size allows for a variety in the housing types that will be offered and is a successful and popular product type within the marketplace. 4. Dry Model Permits Prior to Plat Approval. We are requesting a waiver from Section 217 (c) to allow the issuance of building permits for model units prior to the plat being recorded. Section 217 (c) states: "All lands not otherwise subdivided which are the subject of an approved development order shall be designated by a boundary plat. The boundary plat shall be approved by the city council and placed in the official records of the county prior to the issuance of a building permit for the subject property." It is the our desire to start construction of 8 model units (indicated on the site plan) immediately upon site plan approval. The applicant understands that Certificates of Occupancy cannot be issued, that the units cannot be open to the public and that no homes could be sold until the plat is recorded. The applicant is willing to provide for a bond for the cost of demolition. This request would allow the construction of these model units to begin during the 90 day +/- period after site plan approval while the plat is being reviewed. Sidewalks. We are requesting a waiver in a portion of Parcels 1, 2 and 7, which requires a sidewalk on both sides of the street. Section 78 -506 requires that a. cul -de -sac with less than 80 lots contain a sidewalk on one side of the street. A majority of the lots within Parcels 1, 2 and 7 contain less than 80 lots around a cul -de -sac. However, the central portion of the site is configured in such a way that there is not a cul -de -sac. Convenient sidewalk connections have been provided throughout the entire development to allow for access from Parcel to Parcel as well as to the project's multi- purpose trail. N ° C Ca J 0 v v =+ DO <S M, M z my o Z M o b � O C Co m r- D m� z HHP11 S$ Sq $ � Y4 s�� "aim $fllo �'a� sam =oln F gg �¢ � H PF ig a m &: o �§ g %J 0 C 1 Ln e W-1 r HIT F 1% 1911111 l fi �m D0 °E m F c U) 0 m o�m2m ffi 0 m z. z. Na ® S Ngg 8 8 R8R RK 9__ �& 88 ssxxxx xs J�si �R M Eld 5 7 H 7 t W ® Ever re n e 1 °'' ' $ � 3 g 'ef $ Min Palm Beach Gardens, Florida l° ; Parcels 1, 2 & 7 Site Plan - Overview �I;�} p s I qqppg g R ��? R 1 L—T 9 'e m� z HHP11 S$ Sq $ � Y4 s�� "aim $fllo �'a� sam =oln F gg �¢ � H PF ig a m &: o �§ g %J 0 C 1 Ln e W-1 r HIT F 1% 1911111 l fi �m D0 °E m F c U) 0 m o�m2m ffi 0 m z. z. 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FIRST FLOOR PLAN SINGLE FAMILY I (MIN. 65' x 120' LOT) PROTOTYPE XltlnnllpmnlllllilliPiIIIIXiIn�lApleAlllnnNglrnN: NIIUUItlInIlliAlIII11nIIplllilillplBlnlNIInY1111PAnIINIR 1111iNIIIIXiYIIYPUIIIIIIRanlnnnuPlnon0111nnniillnDOnDllnnun�Illlntllllol EV, EIR, GRENEuI��lll�l� ,l��llll���lolll�ln,l PALM BEACH GARDENS, FLORIDA WCI Architecture and Land Planning Watermark Cwciunities Inc. IIO SNwnBay &vk.aN ConlSyr�ga rkriaa tS� a rcs�al SCSti:eo Fx.. r96CI5156]iR SEPTEMRER 5.2001 —Sheet I of l 0 4' 8' U' Ap SECOND FLOOR PLAN SINGLE FAMILY I (MIN. 65'x 120' LOT) PROTOTYPE EVERGRENE PALM BEACH GARDENS, FLORIDA wCI Architecture and Land Planning WWatermark C C i unities Inc. SEPTEMBER 5.2061 - Sheet 2 o 7 U 9 16 AmmmommmE6 M TUSCAN ELEVATION Two STORY TUSCAN _j S—PA"N"I'S'H"C-0 LO N I A—L E—L-E,V—AT 1-0 N TWO STORY FAMILY I WIN. 65 x 120'LOT) PROTOTYPE I� I � I� �M � � i p s� I ,NG�E EVERGRENE ^° `" .^~ ryal PALM BEACH GARDENS, FLORIDA WC] Architecture and Land Planning 7 Watermark Crlfunities Inc. TEF( I III - 11,11117 1' SPAN COLONIAL 1' -6 _ o. L KF LEFT ELEVATION (MISSION) RIGHT ELEVATION (MISSION) ININIII�TNI !I I!I IIIIIiII Ilpllllf�lllll'IIIBII_IIIIIII a pnL-i nF imEi er ii ii ELEVATION REAR (MISSION) ALTERNATE ELEVATION ELEMENTS sr t SINGLE FAMILY I (MIN 65 x 120 LOT) PROTOTYPE Er�w EVERG_RENE PALM BEACH GARDENS. FLORIDA .��nnwtm gSrtLlOFrMFX�m WCI Ardntmturc and Land Planning • �NUreo�mE�: • oFNNA12N@vvvnmY.0 rvF.tS oint[oQwmsAmi. NA0.oW. • EPMAreo - .•.'AitiA1dNAn01R p° MIA°,. [OR "L _ ELIYFl.11E YYE �A,I�ARiA< °Are • °E�A.,�E�ruA.I�,° p000w're AIArtMiFntnstsra+e� RO � lVNansS AWFIYe °ICGRnlIVAt�IALOAUAEVxIAI! - • SIt.CIVRFR55 WlUCCOA0.ilYE Watermark C r4unItIes Inc. ��A�I�.A.,A�..., �.��....�,�. ,.,. i...����,>,,..��,,,.,a SEtTEM9CF 5. 2001 -SARI ItJ1 I ■ ■ - ROOF PLAN ALTERNATE ELEVATION ELEMENTS lA1Mwl �OnIM1J1 iF➢WWVSHIRIP3S itDRMNI NATe£16�5'&WF11Lfi ITALIANATE - REAR ELEVATION TWO—STORY . ......................... ITALIANATE -LEFT ELEVATION TWO—STORY � n .......................... . ITALIANATE - RIGHT ELEVATION TWO—STORY SINGLE FAMILY I (MIN. 65' x 120' LOT) PROTOTYPE llkVERli5ll R I E I'll N 11 E PALM BEACH GARDENS, FLORIDA WCI Architecture and Land Planning , Watermark CW nj unit jes Inc. SEPTEMBER 5, 2001 - Sheet 5,,f 7 0 4 8, a _n, F -0 1141"001.1 .. ■■ ■. ■■ .. NONE iii ii ii i i SPANISH COLONIAL - REAR ELEVATION TWO -STORY n. ® na_ Inn] Inn] x _d� i SPANISH COLONIAL - LEFT ELEVATION TWO —STORY MAR. ti SPANISH COLONIAL - RIGHT ELEVATION TWO —STORY SINGLE FAMILY I (MIN. 65'x 120' LOT) PROTOTYPE PA p LM BEACH GARDENS, FLORIDA WCI Architecture and Land Planning Watermark C rllunities lnc. l i.'i15 Ne,m Ba >&n�k..aN Cwai Sp,mgs Fkru. 11011, '1'd.pnwa 6545ISG:BO- 1.11 -112 SEPTEMBER 5. 2001 - Sh— 6 or 7 0 4 8' 16 4 m n r, TUSCAN La 3 0 Immmomm �TmomIMMOOMWE -mmm- 1 momm—Immol 0 EL — REAR ELEVATION TWO—STORY I TUSCAN — LEFT ELEVATION TWO—STORY H IMP R F1 a � Immumm—Emmm, mmm. TUSCAN — RIGHT ELEVATION TWO—STORY SINGLE FAMILY I (MIN. 65'x 120' LOT) PROTOTYPE INI E I I, LM BEACH GARDENS, FLORIDA WCI Architecture and Land Planning W Watermark CC i unit ies Inc. SEPTEMBER 5,20 1 - She t 7 a 7 4 8 16' 0 TUSCAN — RIGHT ELEVATION TWO—STORY SINGLE FAMILY I (MIN. 65'x 120' LOT) PROTOTYPE INI E I I, LM BEACH GARDENS, FLORIDA WCI Architecture and Land Planning W Watermark CC i unit ies Inc. SEPTEMBER 5,20 1 - She t 7 a 7 4 8 16' 0 TUSCAN — REAR ELEVATION TWO—STORY [ -1 1 99 =',1 a 1 i Mrsi �11 11--i TUSCAN — LEFT ELEVATION TWO—STORY U U d L . l d u. ..- .J... -. x ...U. n TUSCAN- RIGHT ELEVATION TWO—STORY SINGLE FAMILY It (MIN. 50'x 105' LOT) PROTOTYPE RGRENE WCI Architecture and Land Planning Watermark Cw0unities Inc. SEPTEMBER 5, 200 t - Sheet 6 6 of 0 4 8' 16' Almom"Immmmomi .........._.._..... SPANISH COLONIAL — REAR ELEVATION TWO—STORY IE I A Q 1=1 P, SPANISH COLONIAL — LEFT ELEVATION TWO—STORY Y SPANISH COLONIAL — RIGHT ELEVATION TWO—STORY SINGLE FAMILY 11 (MIN. 50'x 105' LOT) PROTOTYPE V I E I R 1X . E "I N "I G R E PALM BEACH GARDENS, FLORIDA WCl Architecture and Land Planning Watermark CwUunities Inc. SEPTEMBER 5, 2001 - Shed 5.f 6 0 4 9 AMMMMMM" ■. u i�n�l � iluili�ilu I owl ■ ■i �•■ in ' IO • lffl I 0 -no *n ITAIJANATE — LEFT ELEVATION .................... ........... - . TWO —STORY ITALIANATE — RIGHT ELEVATION TWO -STORY SINGLE FAMILY II (MIN. 50'x 105' LOT) PROTOTYPE EVERGR,,a,,,a „I ENE ,N „.,..... ...,,,,, ... . „ „,,.... ARDENS, FLORIDA WCI Architecture and Land Planning Watermark C nlunities Inc. sins Rerw,Har ewk..,a c,,,.i.sp,nvar�e. sao r.eq,.�r��srsu3.v, r..: ,sviass.�z SEPTEMBER 5, 2001 - Sheet 4 of 6 0 4 9 16' 0 rNiImii® EH 4 • III I'll II 'Fl I I I RIGHT ELEVATION (FRENCH COUNTRY) �. T, •J'T - .....1.1...- ...i.� III I I' I I I I I I LEFT ELEVATION (FRENCH COUNTRY) gj� RL I I REAR ELEVATION (FRENCH COUNTRY) ALTERNATE ELEVATION ELEMENTS TUSCAN jP.gtlt5l {COLIX:WL SINGLE FAMILY iI (MIN. 50 x 105 LOT) PROTOTYPE • SIMIILAIFD WTM]DPAFTFATNLY E1,ICNMN • • EIMIMTF➢ ➢GtTFJf TAUS • FMtt SN emm�uarmRUrvxr mrvxlm:eiomrvuu mmEVERGREN_E_ m • 1--A. LAAtYMARMI SMW mO UAIS u . . mM pnTnO PALM BEACH GARDENS, FLORIDA �rvm.rv�l °.I °m:�rmem•m 0.ECEEECn LWVFA i wlsTbanELYLV sIMGEATeo FTwMwrsrunv { UAU UTF+fl1M W15111LNfP14N emP o—ATTYeMEi�i WC1 Architecture and Land Planning ntilm i!Zl cAre ;wNGDGAZ — "b Watermark cwciunities Inc. • ➢OENEMGAF • M TA[ SUAUTAieo K9Ob SN InTHNS . M0--9 non 9lsvmR .. • U E • SNCCO W,gILFOOSN • EIAMATFD WIpOSHIfnFAA CIAY PIPET • CONCPHTE'S'0.00FTRC , 5. 2lg1 -SI:uA 3of6 O 0' H' 16 SML'UlID CAST SIONf 9URRDIMD TF➢WOOb GARAGE DfluR • CIXICALTC'E'ROOPillE ROOF PLAN SC— 1 /8.'= 1 - -0: ALTERNATE ELEVATION ELEMENTS n'.uuNATE • STA —UU WOOD RAFTER TAUS ' • 5'IUC'COFlNISN • DEL'OHA'IIAEMEDAWON • STUCCOPNIBHIRi TAILPE➢LtlLUFIN.S • bECOPgTIVECgIBELWISI,XC011M511 • 9MLMROIRIM W(ANCCOFINISH ' ➢eCORAtItRMETAI WORN OECOPATN6NFTALGAT! ' b &'ORAi1VEAleTALPAUANO • WOOOO.ATE STUCCO wA1LFlN1511 • iIAWLAT ®WODOENUnGPS MMUUTmcgsrrroNe suR.P➢IRro • RIMIU.1TF UODGMAGeDtxq • LTINCREIEW'S'ROOf NF. 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SINGLE FAMILY l (MIN. 65'x 120' LOT) PROTOTYPE INIInngIlllnnlinlnilAemll vulilenunnnlilnln nmulpinnOnuPnnllmilllllnlinllinNnlielt lllPlnnnppninnollilllnlillluuYlllinln�mlll@ IInAInlpinnimtlunen�IAilnlliilin EVERGRENE PALM °IBEACH GARDENS, �FLORIDA ���IIIaII�IaI�II�I�I���Iana��xII�II�I�II�IIIIu WCI Architecture and Land Planning Watermark C riunities Inc. 1i931kruii Ba >'ewle•ore Caa�Sp•o-gs. FlO,tla VOiti TelepMrc.luNI5i56: F.ix: I851i 5i56Tt2 SEPTE MITER 5, 2001 — Sh- I of 7 0 4 0 16' SECOND FLOOR PLAN SINGLE FAMILY I (MIN. 65'x 120' LOT) PROTOTYPE EVERGRENE PALM BEACH GARDENS, FLORIDA WC1 Architecture and Land Planning Watermark Cwriunities Inc. SEPTEMBER 5. 2001 -Sheet 2 of 7 0 4 8! 19 6%mmmwmmo� IN L_ pF ITALIA- SPANISH COLONIAL ELEVATION TWO-STORY wmwinmew±siw m ;P �� _R_0 E_NE SINGLE FAMILY 1 (MIN 65 x 12 LOT) PROT OTYPE EVERG . w a ^PALM BEACH GARDENS FLORIDA WCI Architecture and Land Planning Watermark C njunities Inc. 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Fb —1 T ..M —15iN '- 1 -15IS— SEPTEMBER 5, 2001 - She t 5 of 6 0 9' B 16, 0 0 - .t -: �ia - inttilnl IIIII`.tlllll IIIIIIIIIIIIIIIII i I ITALIANATE REAR ELEVATION TWO -STORY I��I�I�I � it ITALIANATE LEFT ELEVATION NiR - n- Q ITALIANATE — RIGHT ELEVATION TWO —STORY SINGLE FAMILY II (MIN. 50' x 105' LOT) PROTOTYPE 11 »n» o »a » »» » »IIEVERGRENE, »,n »o IN » »» »d» » »µ» » »I aI PALM BEACH GARDENS. FLORIDA WCI Architecture and Land Planning Watermark C r4unities Inc. IIVRS Hervn Ql)'BW1Nal4 oua P rea FbriEa :Wi6 T 0 .0511 Si565M R.: 195x1 si }S,TIp SEPTEMBER 5,20 1 - Sheet 4 of 6 0 4' 8' 16 ALTERNATE • KTRID FASCIn ' SIFt11LAFPJIWGGDAAfiFATAI • STUCN FMISN ' a@1l�lATEDCASFSIGNe tlALG «RARING ,oriox -vNxrn ' RFGFSSFDIDWER wl.min i s � �'reonnwlsn!cmF I£ E5T➢NE � 9�ANDING • DECGP.ITN6METALGATF. w000 GA15 METALRANNG ' SNCCOwAII.FWRN • SUIW(pUSHL'r aM� - AI_MT ®CASFSIGNESUR0. 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I, w, =v 0 I I LRNAI I I I . n �vC I (I ..DINING I I ....FAMILY RX ? ^O % KITCHEN _� O 'o-a—_ I C-10NAL EA -RIOR STAIR I I GARAGE O s, l.�ill >Gpn � ' sTORAca . � vomico It ------- - - - - -I �gsgl�_x�EUOaarn I 0 • eixeuwww �3 � n rov�miu°a' • PoMN6VbR SP.4- SCTI4RP�OASIPF ' FIRST FLOOR PLAN -1 SINGLE FAMILY II (MIN.-50'x 105' LOT) PROTOTYPE SECOND FLOOR PLAN �^ EVERGRENE W�R� PALM BEACH GARDENS, FLORIDA WCI Arch wture and land Planning - Watermark CwUlarlities Inc. S— MBER5.- -Slues -6 0 4 8 ' F CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: 12/20/01 Date Prepared: 11/21/01 Recommendation /Motion: Subject/Agenda Item: First reading of Ordinance 38, 2001, updating Article V, "Swimming Pools ", in Chapter 86, "Buildings and Building Regulations ", to utilize contemporary definitions, materials and technology and to clarify the setback provisions from building foundations when structural shoring is employed. Motion to approve Ordinance 38, 2001 Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorney Building Division [ ] Approved Finance $ 0 [ l Approved w/ conditions Current FY Other [ ]Denied Memorandum: Funding Source: [ ] Continued to: Advertised: 1. Memo from Len Rubin Attachments: to Charles Wu dated Date: [ ] Operating 10/01/01 Paper: [X] Other N/A 1. Ordinance 38,2001. 2. Letter from Jack Hanson, Building Official, dated September 25, 2001 to Charles Wu. 3. E -Mail from Jack Hanson regarding pool contractors for solicitation for input dated October 5, 2001 to Charles Wu. 4. Copy of Florida Statute 515. 5. Copy of Section 424 — Florida Building Code 2001. Submitted by: [X] Not Required artmeent Acct. #: er Director Affected parties Budget U M/ W I A Ap ve ] Notified [ ] None City Ma alter [X] Not required J: \eileen\Agenda Cover Blank Memo.doc City Council Meeting Date: December 20, 2001 Date Prepared: November 21, 2001 REQUEST: Jack Hanson, Building Official, is proposing several revisions to the swimming pool ordinance as a matter of legality concerning setbacks and definitions and basic "house- keeping ". This request has been accented by recent court decisions and companion documents from the State of Florida, (see attached). BACKGROUND: The swimming pool code of the City of Palm Beach Gardens has not been updated since 1987 and as such is not up -to -date in its current application. The code lists methods and materials that are no longer in use or available and does not reflect prevailing new materials and technology. A recent court case revealed a need to clarify the setback provisions regarding the foundations of the structure on the lot where the pool is being placed. The use of engineered shoring where applicable will address this condition and allow the homeowner the maximum recreational benefit of his /her properties. This shoring usage will not affect any other setbacks required by other code sections. The State of Florida has elected to include swimming pools both public and private in the new building codes that will become enforceable on January 1, 2002. These provisions of sanitation, construction and user safety are in conflict with our code in several areas (see attached) and this new Ordinance 38, 2001 will serve to alleviate those conflicts. For your information, the Florida Building Code as it pertains to public and private swimming pools and the City code will both be enforced in the permitting of such pools. STAFF RECOMMENDATION: Staff recommends the adoption of Ordinance 38, 2001 to update our swimming pool code. The Building Division of the Growth management Department will be better enabled to administrate and effectively enforce the code provisions as a direct result. C:\WINDOWS\Personal\poolord38.doc CITY OF PALM BEACH GARDENS ORDINANCE NO. 38, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING CHAPTER 86, "BUILDINGS AND BUILDING REGULATIONS," ARTICLE V, "SWIMMING POOLS," OF THE CITY CODE OF ORDINANCES TO CLARIFY AND UPDATE THE REGULATIONS APPLICABLE TO THE CONSTRUCTION OF SWIMMING POOLS; AMENDING SECTIONS 86-117,86-150,86-177,86-179,86-181, 86 -182, 86 -184, 86 -193, 86 -227 AND 86 -252; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, City staff has recommended revising and updating the City's Swimming Pool Code; and WHEREAS, the.City Council determines that the adoption of such amendments is the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, THAT: SECTION 1: The foregoing "Whereas" clauses are hereby ratified as true and confirmed and are incorporated herein. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida, hereby amends Chapter 86, "Buildings and Building Regulations," Article V, "Swimming Pools," of the City of Palm Beach Gardens Code of Ordinances to read as follows: ARTICLE V. SWIMMING POOLS DIVISION 1. GENERALLY Sec. 86 -117. Application for permit; fees. (b) Building permit fees shall be those permit fees, charges and expenses as required and set forth in section 86 -286. DIVISION 2. ENFORCEMENT AND ADMINISTRATION Sec. 86 -146. Responsibility for maintenance; violations; correction by city. (b) If the building official shall find existing violations of this article, the official shall notify, in writing, the owner, lessee or licensee of the premises where the swimming pool is located of the violation in detail and shall give the violator ten days from the date of delivery of the notice to correct the violation. If the violation is not corrected the building official shall cite the violator into under the procedures provided by law. If the violation is of an emergency nature, no written order shall be required. Sec. 86 -150. Variances. (a) The board of zoning appeals may authorize, upon appeal in specific cases, modification of side and rear yard requirements for the location of a swimming pool or screen enclosure thereon QI Iu require) I IGIto 9 Li-e I......a:.... -FaL.. pool a„ the L...:I.J:...... C......_l..a:.._ :_ _._... _....:.J,....a:,,l .J:..a_:_1 Io 1116 IVVa LIV11 VI u1G'.lVVI LV LI IG LJ IIU II II�. IVUI IUaLIVI1 111 ally IGJIUGI ILIQI UIJLI II.I I l file VVIIJtl utrtlVll Vf a JVVIIIIIIIIIIIJ. PUUI. !^"1 LJUJ1UIIq luundaiiVil Si kill Liu. A.. t:._.. .,! .. ,. a1-.. _. .. _:..... .. a.._ C.. .. a:.. ... ..t _...... L...:I A:...- A - L. -II -..a :.. ,.I. ..J .. .. .....a:. UGIlneu aJ Llhe pe im. etGI IVVUIIy VI al ly UUIIUIIIIJ. a11U Juan IIVI II I1+IUUG a pauu a1Ga l.V1IJlI U1.LGU VL I 1GIIa1Glla IIIaaGI_ 1:a..11J ... VI liVlll.l GaG ,. JQU,.1J .. VI UL.Q..J..uo Supporting Poch uprights. A variance shall be granted by the board only when, owing to specific conditions of lot size or shape or the initial location of the principal building on the lot, the enforcement of this article will result in unnecessary hardship. Sec. 86 -177. Recirculating and drainage outlet. An outlet shall be placed at the deep point in every swimming pool for recirculation and drainage. The pool recirculating pipe from the bottom of the pool up to a point not more than two feet below the rim of the pool shall be O VVa h 11 a L.: ,.1...., ,. ,. C a.... 1,1- brass VVIU 1 Q 1111111111 UI I I1 VVQII L1 111 Ml IGJJ VI type 1 \ or brass VI PVC C schedule 80 with minimum of of two -inch diameter. -2- Sec. 86 -179. Scum gutters and pool skimmers. M Ir ..race 1.:. ,.r lieu _r as .- ll/ II a JulIQ1..G Jnll1111Icl IJ i..IJGU 1111 Ilcu vl a sliul11 l utlGl, all -Cl ..... L...11 I.— 'r_r TL� CI..... I-- Vvel IIUVV uplulllllly JIIQ11 UG f!1UVIu GU. 1 lle ovelIIUVV upulllilly IIlllay LJu. Cl l..ul 111el+llull out ul U IG Jul IQIiG 31\11 1II1IGI VI al lI vt,JGi lii ly u n vuyl I u IG f.JVVI wall placed iddo inches above the norlmial high water :eve, of the pool.. 11 his over hood shall be r ui l directly to ciil ler a Ul y vJeil, urail mr- -lu, itorl i I ur ail. l 3l.' IJQI IQ 1. Sec. 86 -181. Electrical wiring and equipment. (b) All electrical equipment and electrical wiring shall be inspected and approved by the electrical city inspector prior to covering_ or otherwise concealing. Sec. 86 -182. Piping specifications; inspection. (a) Swimming pool piping shall be sized to permit the rated flows for filtering and cleaning without exceeding the maximum head, at which the pump will provide those flows. In general, the water velocity in the pool piping should not exceed ten feet per second for pressure lines nor four feet per second for suction lines. Where velocity exceeds these values, summary calculations should be provided to show that rated flows are possible with the pump and piping provided. The recirculating piping and fittings shall meet the following requirements: (1) All main drainline piping for swimming pools, both public and private, shall be made of one the folloVVIIIJ IIIQlc11QIJ. lYPV i\ copper pipe or PVC schedule 80 and shall extend from the bottom of the pool to within two feet of the finished grade level and then may be continued from that point with type -Bert copper c PVC schedule 40 or schedule 80. (4) For all swimming pool piping other than main drainline piping, materials permitted shall include type : copper pipe or high impact PVC schedule 40 or 80 or brass pipe equal 11-1 -Vveiyht to a. r __r a aL a aL a- t r:ll:. r JlQlluQlu 11 VII t../Ir.lG JILL, C;At U` L ll lat LI IG VVQIGI JGI VII.C. lul 111111 I�j -3- L. 11 G,. J.. t a. ....., 1/ 1 _ b_..SS _ the pool shall tie I m lain of LyNa IK vi u ooNNcl or ul aas i-`" I :_ ...,.:_I" to ,.a,.....J__ds . equal uI vvvlylll L atallualuO iroill pipe �i��,. (c) No pipe work on a pool or part thereof shall be covered until it has been inspected, tested and approved the plulmlbi� 1g city inspector. If any of this pipe work or part thereof is covered before being regularly inspected, tested and approved, it shall be uncovered upon the order of the plulmlbing city inspector. Sec. 86 -184. Height of rim; drainage into pool. (d) Any patio area round a pool shall contain a Imli� 1ilmll.ilml of trvo ul all IJ VVRI I u all It.Jipes VI a I I III III l lul l l ulal I ate of I /Z 11 is es, drainage system to be connected to dram Is, to either a storm sewer, dry well or canal, or a one - half -inch per ten -foot slope on a patio slab with pitch away from the house may be used in lieu thereof. In all cases, provision must be made to prevent surface water from entering any home or occupied structure prior to positive discharge. Sec. 86 -193. Water supply. (a) The potable water supply to any swimming pool shall be installed as required in the Florida building code or AWWA standards. If the public water supply is used, an atmospheric break of at least four inches must be provided. (B) Unless an approved type of filling system is installed, such as required by the Florida building code or AWWA, any source of water which may be used to fill the pool shall be equipped with backflow protection. Sec. 86 -227. Location of pool to building foundation. (a) For the purposes of this article, a building foundation shall be, defined as the perimeter footing of any building and shall not include a patio IQ area constructed of permanent materials or concrete pads or bases supporting porch uprights., (ab) Swimming pools shall be constructed or located no closer than five feet to any building foundation with side yards as required by chapter 118 for that district or 25 feet to any street line or ten feet to a rear property line. However, for corner lots in subdivisions in existence at the time of adoption of the ordinance from which this article derives, the pool front yard setback shall be 25 feet and the pool setback from the additional street frontage shall be 15 feet. The building official may authorize a reduction in the five foot building_ foundation requirement when an engineered shoring plan is submitted to protect the building structure,. (bc) The rear yard setback for swimming pools shall be measured from the rear property line; however, if a dedicated five -foot walkway shall abut the property line, the measurement for the rear yard setback shall be made from the nonabutting line of the dedicated walkway. All setback measurements shall be from the edge of the water to be contained in the swimming pool. DIVISION 5. PRIVATE PORTABLE POOLS. Sec. 86 -252. Permit required; fee. No person shall construct, cause to be constructed or assemble a private portable swimming pool without first obtaining a building permit. Application for the permit shall be made the building official and shall be accompanied by payment of a fee, �: n file i� � t city clUJ ouicl- and by drawings and general diagrams showing all parts of the pool, together with the pool completely assembled, certified by a competent engineer in the state that the materials contained in the prefabricated pool kit, when such are fully assembled, shall meet all the requirements of the expected forces to which it will be subjected. SECTION 3: 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 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. -5- � SECTION 5: 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 SIGNED: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN , 2001. , 2001. .2001. COUNCILMAN CARL SABATELLO COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK ATTESTED BY: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK P ACPWin \H 1 STORY\010911 A \43F.B9(319.062)Igr- doc115 0 r t; M E M O R A N D U M WATTERSON, HYLAND & KLETT, P.A. To: Charles Wu, Growth Management Director cc: Jack Hanson, Building Official From: Leonard G. Rubin, City Attorne Subject: Swimming Pool Code Revisions File No: 319.058 Date: October 1, 2001 In accordance with Jack Hanson's memorandum dated September 25, 2001, attached please find draft Ordinance No. 38, 2001, incorporating all of the changes suggested by the Building Department. Please have your staff review the Ordinance to ensure that it correctly identifies each of the revisions. Once such review is completed, please prepare a staff report for placement on the City Council agenda. Should you have any questions relative to the foregoing, please do not hesitate to contact me. PAC PWWH I STORY\010928A 1443.398(319.058)920 CITY OF PALM BEACH GARDENS, GROWTH MANAGEMENT DEPARTMENT /BUILDING DIVISION DATE: September 25, 2001 TO: Charles Wu- Growth Management D' ector FROM: Jack Hanson- Building Of ql� ,� G�tLQ,ts`�' RE: Swimming Pool Ordinance A recent court case and new technology has demonstrated the need to rework our swimming pool codes ( Article V- Chapter 86). Some of the revisions amount to nothing more than "housekeeping" while others serve to embrace new materials and methods and eliminate the old. We also need to codify legal interpretations and findings or at least to clarify language and intent. I have enclosed a marked -up copy of the existing code that shows the various changes as I view them. I have also solicited the input of the building division staff in this regard. I will make myself available to discuss this project at your convenience. CC: Ron Ferris- City Manager Len Rubin- City Attorney File Heather Shea To: Charles Wu; - Growth Management Director Subject: Pool Contractor Ordinance Change Impact Per the request of Ron Ferris I have contacted several swimming pool contractors for their opinions and ideas regarding the proposed reworking of our swimming pool ordinance. As of this a -mail all feed back has been positive with only minor suggestions. I will keep you in the loop as this ordinance approaches the city council review. Jack Hanson 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 ENROLLED 2000 Legislature SB 86 An act relating to residential swimming pools, spas, and hot tubs; creating ch. 515, F.S., the "Preston de Ibern /McKenzie Merriam Residential Swimming Pool Safety Act "; providing legislative findings and intent; providing definitions; providing pool safety filature requirements and options; providing penalties; providing pool barrier requirements; providing for a drowning prevention education program and • public information publication; providing for • fee; requiring pool contractors, home builders, and developers to provide buyers with certain information; providing rulemaking authority; providing exemptions; providing an effective date. WHEREAS, drowning is the leading cause of death for young children in Florida, with 420 children ages 1 -4 years drowning in Florida between 1992 -1997, 268 of whom drowned at home and 208 of these drowned in swimming pools at home, and WHEREAS, for every young child who dies from drowning, four suffer brain injury from near - drowning incidents, and WHEREAS, advances in medical technology are allowing more near - drowning victims to survive, but many are surviving with serious, permanent neurological damage, and WHEREAS, although supervision is one of the keys to accomplishing the objective of reducing the number of submersion incidents, it is well known that at times children do the unexpected, catching their supervisors off guard, and 1 CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 86 1 WHEREAS, the United States Consumer Product Safety 2 Commission found, in a study of drowning and near - drowning 3 incidents, that the majority of victims lived in or were 4 visiting the residence where the drowning occurred, that less 5 than 2 percent of the submersions occurred when a child 6 trespassed on the property, and that most of the victims were 1 either near or in the residence immediately1prior to the 8 incident and reached the pool unnoticed, and 9 WHEREAS, in addition to the incalculable human cost of 10 these tragic incidents, drownings of young children result in 11 significant losses in productivity and near drownings of young 12 children result in costly emergency medical responses, costly 13 stays in intensive care units, and, sometimes, costly lifetime 14 medical equipment and health care support, to the extent that 15 the health care costs, loss of lifetime productivity, and 16 legal and administrative expenses associated with drownings of 17 young children in Florida each year are estimated to be $73.5 18 million and the lifetime cost for care and treatment of a 19 young child who has suffered brain disability due to a 20 near - drowning incident is estimated to be $4.5 million, and 21 WHEREAS, Florida has a large population of persons age 22 65 or older, and drowning is a significant cause of death in 23 this older age group as well, with 448 such elderly persons 24 drowning between 1992 -1997, 195 of whom had medical problems 25 such as Alzheimer's disease, confusion, balance or vision 26 impairment, a heart problem, or diabetes and 145 of whom 27 drowned in swimming pools; and, in cases where it was 28 documented, 52 percent of these older Floridians fell into the 29 swimming pool and were not intending to be in the water when 30 they drowned, and 31 2 CODING:Words. are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 86 1 WHEREAS, constant adult supervision of young children 2 and medically frail elderly persons is the primary element in 3 an integrated approach to drowning prevention, and 4 WHEREAS, in the event of a lapse in such supervision, a 5 pool safety feature that limits or delays access to the 6 residential swimming pool, spa, or hot tub is a critical 7 component in the prevention of drownings, and 8 WHEREAS, it is the intent of the Legislature that all 9 new residential swimming pools, spas, and hot tubs have at 10 least one pool safety feature to supplement and complement the 11 requirement for constant adult supervision of young children 12 and medically frail elderly persons around such aquatic 13 environments, and 14 WHEREAS, it is also the intent of the Legislature that 15 the Department of Health be responsible for producing its own 16 or adopting a nationally recognized publication that provides 17 information on drowning prevention and the responsibilities of 18 pool ownership and also for developing its own or adopting a 19 nationally recognized drowning prevention education program 20 for the public and for persons violating pool safety 21 requirements, NOW, THEREFORE, 22 23 Be It Enacted by the Legislature of the State of Florida: 24 25 Section 1. Chapter 515, Florida Statutes, consisting 26 of sections 515.21, 515.23, 515.25, 515.27, 515.29, 515.31, 27 515.33, 515.35, and 515.37, is created to read: 28 515.21 Short title. - -This chapter may be cited as the 29 "Preston de Ibern /McKenzie Merriam Residential Swimming Pool 30 Safety Act." 31 3 CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 86 1 515.23 Legislative findings and intent. - -The 2 Legislature finds that drowning is the leading cause of death 3 of young children in this state and is also a significant 4 cause of death for medically frail elderly persons in this 5 state, that constant adult supervision is the key to 6 accomplishing the objective of reducing the number of 7 submersion incidents, and that when lapses 'in supervision 8 occur a pool safety feature designed to deny, delay, or detect 9 unsupervised entry to the swimming pool, spa, or hot tub will 10 reduce drowning and near - drowning incidents. In addition to 11 the incalculable human cost of these submersion incidents, the 12 health care costs, loss of lifetime productivity, and legal 13 and administrative expenses associated with drownings of young 14 children and medically frail elderly persons in this state 15 each year and the lifetime costs for the care and treatment of 16 young children who have suffered brain disability due to 17 near - drowning incidents each year are enormous. Therefore, it 18 is the intent of the Legislature that all new residential 19 swimming pools, spas, and hot tubs be equipped with at least 20 one pool safety feature as specified in this chapter. It is 21 also the intent of the Legislature that the Department of 22 Health be responsible for producing its own or adopting a 23 nationally recognized publication that provides the public 24 with information on drowning prevention and the 25 responsibilities of pool ownership and also for developing its 26 own or adopting a nationally recognized drowning prevention 27 education program for the public and for persons violating the 28 pool safety requirements of this chapter. 29 515.25 Definitions. - -As used in this chapter, the 30 term: 31 4 CODING:Words are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 86 1 (1) "Approved safety pool cover" means a manually or 2 power - operated safety pool cover that meets all of the 3 performance standards of the American Society for Testing and 4 Materials (ASTM) in compliance with standard F1346 -91. 5 (2) "Barrier" means a fence, dwelling wall, or 6 nondwelling wall, or any combination thereof, which completely 7 surrounds the swimming pool and obstructs access to the 8 swimming pool, especially access from the residence or from 9 the yard outside the barrier. 10 (3) "Department" means the Department of Health. 11 (4) "Exit alarm" means a device that makes audible, 12 continuous alarm sounds when any door or window which permits 13 access from the residence to any pool area that is without an 14 intervening enclosure is opened or left ajar. 15 (5) "Indoor swimming pool" means a swimming pool that 16 is totally contained within a building and surrounded on all 17 four sides by walls of or within the building.. 18 (6) "Medically frail elderly person" means any person 19 who is at least 65 years of age and has a medical problem that 20 affects balance, vision, or judgment, including, but not 21 limited to, a heart condition, diabetes, or Alzheimer's 22 disease or any related disorder. 23 (7) "Outdoor swimming pool" means any swimming pool 24 that is not an indoor swimming pool. 25 (8) "Portable spa" means a nonpermanent structure 26 intended for recreational bathing, in which all controls and 27 water - heating and water - circulating equipment are an integral 28 part of the product and which is cord - connected and not 29 permanently electrically wired. 30 (9) "Public swimming pool" means a swimming pool,.as 31 defined in s. 514.011(2), which is operated, with or without 5 CODING:Words stri-cke are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 86 1 charge, for the use of the general public; however, the term 2 does not include a swimming pool located on the grounds of a 3 private residence. 4 (10) "Residential" means situated on the premises of a 5 detached one - family or two - family dwelling-or a one - family 6 townhouse not more than three stories high. 7 (11) "Swimming pool" means any structtire, located in a 8 residential area, that is intended for swimming or 9 recreational bathing and contains water over 24 inches deep, 10 including, but not limited to, in- ground, aboveground, and 11 on- ground swimming pools; hot tubs; and nonportable spas. 12 (12) "Young child" means any person under the age of 6 13 years. 14 515.27 Residential swimming pool safety feature 15 options; penalties.- - 16 (1) In order to pass final inspection and receive a 17 certificate of completion, a residential swimming pool must 18 meet at least one of the following requirements relating to 19 pool safety features: 20 (a) The pool must be isolated from access to a home by 21 an enclosure that meets the pool barrier requirements of s. 22 515.29; 23 (b) The pool must be equipped with an approved safety 24 pool cover; 25 (c) All doors and windows providing direct access from 26 the home to the pool must be equipped with an exit alarm that 27 has a minimum sound pressure rating of 85 dB A at 10 feet; or 28 (d) All doors providing direct access from the home to 29 the pool must be equipped with a self - closing, self - latching 30 device with a release mechanism placed no lower than 54 inches 31 above the floor. 6 CODING:Words stricken are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 86 1 (2) A person who fails to equip a new residential 2 swimming pool with at least one pool safety feature as 3 required in subsection (1) commits a misdemeanor of the second 4 degree, punishable as provided in s. 775.082 or s.. 775.083, 5 except that no penalty shall be imposed if the person, within 6 45 days after arrest or issuance of a summons or a notice to 7 appear, has equipped the pool with at least ;one safety feature 8 as required in subsection (1) and has attended a drowning 9 prevention education program established by s. 515.31. 10 However, the requirement of attending a drowning prevention 11 education program is waived if such program is not offered 12 within 45 days after issuance of the citation. 13 515.29 Residential swimming pool barrier 14 requirements.- - 15 (1) A residential swimming pool barrier must have all 16 of the following characteristics: 17 (a) The barrier must be at least 4 feet high on the 18 outside. 19 (b) The barrier may not have any gaps, openings, 20 indentations, protrusions, or structural components that could 21 allow a young child to crawl under, squeeze through, or climb 22 over the barrier. 23 (c) The barrier must be placed around the perimeter of 24 the pool and must be separate from any fence, wall, or other 25 enclosure surrounding the yard unless the fence, wall, or 26 other enclosure or portion thereof is situated on the 27 perimeter of the pool, is being used as part of the barrier, 28 and meets the barrier requirements of this section. 29 (d) The barrier must be placed sufficiently away from 30 the water's edge to prevent a young child or medically frail 31 7 CODING:Words stricke, are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 86 1 elderly person who may have managed to penetrate the barrier 2 from immediately falling into the water. 3 (2) The structure of an aboveground swimming pool may 4 be used as its barrier or the barrier for such a pool may be 5 mounted on top of its structure; however, such structure or. 6 separately mounted barrier must meet all barrier requirements 7 of this section. In addition, any ladder oristeps that are the 8 means of access to an aboveground pool must be capable of 9 being secured, locked, or removed to prevent access or must be 10 surrounded by a barrier that meets the requirements of this 11 section. 12 (3) Gates that provide access.to swimming pools must 13 open outwards away from the pool and be self - closing and 14 equipped with a self - latching locking device, the release 15 mechanism of which must be located on the pool side of the 16 gate and so placed that it cannot be reached by a young child 17 over the top or through any opening or gap. 18 (4) A wall of a dwelling may serve as part of the 19 barrier if it does not contain any door or window that opens 20 to provide access to the swimming pool. 21 (5) A barrier may not be located in a way that allows 22 any permanent structure, equipment, or similar object to be 23 used for climbing the barrier. 24 515.31 Drowning prevention education program; public 25 information publication.- - 26 (1) The department shall develop a drowning prevention 27 education program, which shall be made available to the public 28 at the state and local levels and which shall be required as 29 set forth in s. 515.27(2) for persons in violation of the pool 30 safety requirements of this chapter. The department may charge 31 a fee, not to exceed $100, for attendance at such a program. 8 CODING:Words stricken are deletions; words underlined are additions. S ENROLLED 2000 Legislature SB 86 1 The drowning prevention education program shall be funded 2 using fee proceeds, state funds appropriated for such purpose, 3 and grants. The department, in lieu of developing its own 4 program, may adopt a nationally recognized drowning prevention 5 education program to be approved for use in local safety 6 education programs, as provided in rule of the department. 7 (2) The department shall also producd, for 8 distribution to the public at no charge, a publication that 9 provides information on drowning prevention and the 10 responsibilities of pool ownership. The department, in lieu of 11 developing its own publication, may adopt a nationally 12 recognized drowning prevention and responsibilities of pool 13 ownership publication, as provided in rule of the department. 14 515.33 Information required to be furnished to 15 buyers. - -A licensed pool contractor, on entering into an 16 agreement with a buyer to build a residential swimming pool, 17 or a licensed home builder or developer, on entering into an 18 agreement with a buyer to build a house that includes a 19 residential swimming pool, must give the buyer a document 20 containing the requirements of this chapter and a copy of the 21 publication produced by the department under s. 515.31 that 22 provides information on drowning prevention and the 23 responsibilities of pool ownership. 24 515.35 Rulemaking authority. - -The department shall 25 adopt rules pursuant to the Administrative Procedure Act 26 establishing the fees required to attend drowning prevention 27 education programs and setting forth the information required 28 under this chapter to be provided by licensed pool contractors 29 and licensed home builders or developers. 30 515.37 Exemptions. - -This chapter does not apply to: 31 1 9 CODING:Words stricn,=n are deletions; words underlined are additions. ENROLLED 2000 Legislature SB 86 1 (1) Any system of sumps, irrigation canals, or 2 irrigation flood control or drainage works constructed or 3 operated for the purpose of storing, delivering, distributing, 4 or conveying water. 5 (2) Stock ponds, storage tanks, livestock operations, 6 livestock watering troughs, or other structures used in normal 7 agricultural practices. 8 (3) Public swimming pools. 9 (4) Any political subdivision that has adopted or 10 adopts a residential pool safety ordinance, provided the 11 ordinance is equal to or more stringent than the provisions of 12 this chapter. 13 (5) Any portable spa with a safety cover that complies 14 with ASTM F1346- 91(Standard Performance Specification for 15 Safety Covers and Labeling Requirements for All Covers for 16 Swimming Pools, Spas and Hot Tubs). 17 (6) Small, temporary pools without motors, which are 18 commonly referred to or known as "kiddy pools." 19 Section 2. This act shall take effect October 1, 2000. 20 21 22 23 24 25 26 27 28 29 30 31 I 10 CODING:Words stricken are deletions; words underlined are additions. ,11� General Session Minutes January 14, 2000 Page Eleven that each licensee, whether they are an engineer, architect, construction contractor or building official or inspector, to complete certain continuing education courses approved by the FBC. The statutes do not expressly require that the course work be subject to another reviev/ by a particular board targeted through a class. He explained that it was Ms. Schmith's opinion that the CILB would not have to review and approve the FBC's Building Code Core Curriculum courses. The committee affirmed Ms. Schmith's position and asked Mr. Hurst to respond to her regarding their decision. Chairman McKitrick asked Ms. Chung to serve on the Examination /CE /Public Awareness Committee to replace Ms. Koken who resigned from the Board. EXECUTIVE COMMITTEE Chairman Cowart gave the following report: The committee discussed a letter from G.J. "Whitey" Moran, Chief Building Official from Islamorada regarding FS 489.103(7) as it relates to an owner /builder in the construction of a residential swimming pool. The committee determined that an owner /builder could not build their own swimming pool that it would have to be subcontracted to a licensed swimming pool contractor. The committee directed Mr. Hurst to respond to Mr. Moran regarding the Board's decision. The committee discussed a letter from Kurt Eismann, Director Contractor's Certification Division with the Palm Beach County Department of Planning, Zoning and Building. Mr. Eismann provided a letter from Richard Gathright who asked if FS 489.116 requires that an inactive local construction license be registered with the State. The committee determined that the inactive locally licensed contractor does not have to register with the State. The committee directed Board Counsel Paul Martin to respond to Mr. Eismann regarding their determination. The committee discussed a request received from Laurie Woodham from the General Counsel's Office in the Department of Business and Professional Regulation. Nis. Wood'nam questioned whether or not "framers" should be licensed. After a lengthy discussion, the committee determined that framers should be licensed, unless they are working under the supervision of a general contractor. Mr. McKitrick asked that the record reflect that the votes on the s,,vimming pool issue and the framing contractor issues %were not "unanimous." Chairman Cowart stated he would address each item on the agenda separately. Chairman Cowart made a motion to direct Mr. Hurst to write a letter to Mr. Moran stating that an owner /builder could not construct a residential swimming pool, second by Mr, Watts; motion carried with two members voting "nay." Chairman Cowart made a motion to direct Mr. Martin to write a letter to Mr. Eismann stating that a locally licensed inactive contractor does not have to register with the State, second by Mr. Nagin; motion carried unanimously. r t _ 424 2. Floors. Floors shall be covered with resilient material, carpet, or other finished product. Carpet in classrooms shall be test- ed and certified by the manufacturer as passing the Radiant Panel Test Class II. Carpet in corridors shall be tested and cer- tified by the manufacturer as passing the Radiant Panel Test Class I. 3. Toilet Rooms, Showers and Bathing Facilities. Partitions and walls separating group toilet rooms shall be extended to the bottom of the roof deck. a. Toilet room floors and base shall be finished with impervious non -slip materials. Toilet room walls shall be finished with impervious materials which shall be extended to a mini- mum height of 6 feet. b. Ceilings shall be of solid type mois- ture resistant materials. (k) Fire Extinguishers. At least one appropriate fire extinguisher shall be provided in each relocatable classroom unit and in each classroom of a multi - classroom building. (1) Document Storage. Provision shall be made to secure foundation plans and to post the annual fire inspection report within each relocatable unit. (m)Time -out Rooms. Time -out rooms, are not rec- ommended, but when provided, shall comply with the specific requirements for time -out rooms found elsewhere in these public educa- tional facilities code requirements. (n) Child Care/Day Care Units. Standard classroom units intended to house birth to age 3 children, including Teenage Parent Programs (TAP), shall meet the additional criteria under the title of "Child Care /Day Care/Prekindergarten Facilities "' for permanent buildings contained in these public educational facilities requirements, as well as the following: 1. All TAP spaces where residential kitchens are provided shall have two doors exiting directly to the outside and remotely located from each other. Areas designated for chil- dren's sleeping mats, cots or cribs, shall have a clearly marked exit passageway. (o) Illumination Required. Illumination in class- room units shall be desiened to provide an aver- age maintained 50 footcandles at desk top. 1. Emergency Lighting. Each classroom unit shall be equipped with emergency lighting. 2. Exterior lighting. Exterior Lighting shall be provided as required elsewhere in these public educational facilities code require- ments. 3. Exit Lighting. Exit lights shall be provid- ed as required by life safety codes. (p) Air Conditioning, Heating and Ventilation. Relocatable facilities shall meet state building code requirements. (q) Technology. Relocatables shall contain wiring and computer technology appropriate for the pro- grams to be housed. (r) Fire Safety Requirements. New relocatables shall be provided with fire alarm devices meeting the code requirements for permanent educational facilities and shall be connected to the facility's main fire alarm system as required by code. (s) Inspection of Units During Construction. Boards shall provide for the inspection of relo- catables during construction, as required by the state minimum building code, as authorized by statute. (t) Inspection of Units Prior to Occupancy. Prior to occupancy new relocatables shall be inspected and approved for compliance to the building and life safety codes. New units shall have founda- tion plans provided and secured, in the relocat- able along with the local fire inspector report. Certification of such inspection shall remain on file with the district. Inventory /date of construc- tion signage shall be affixed to the relocatable. Where fire retardant wood is used inspection access panels shall be provided and within easy reach to facilitate inspection for general condi- tion assessment of FRTW and connectors. SECTION 424 SWIMMING POOLS AND BATHING PLACES 424.1 Public Swimming Pools and Bathing Places. Public swimming pools and bathing places shall comply with the following design and construction standards as described in Chapter 64E -9 Florida Administrative Code. Exceptions: A. Private pools and water therapy facilities connected with facilities connected with hospitals, medical doc- tors' offices, and licensed physical therapy establish- ments shall be exempt from supervision under this chapter. B. (a) Pools serving no more than 32 condominium or cooperative units which are not operated as a public lodging establishment shall be exempt from supervi- sion under this chapter, except for water quality. (b) Pools serving condominium or cooperative associa- tions of more than 32 units and whose recorded docu- ments prohibit the rental or sublease of the units for periods of less than 60 days are exempt from supervi- 4.130 FLORIDA BUILDING CODE — BUILDING sion under this chapter except that the condominium or cooperative owner or association must file applications with the department and obtain construction plans approval and receive an initial operating permit. The department shall inspect the swimming pools at such places annually, at the fee set forth in s. 514.033(3), or upon request by a unit owner, to determine compliance with department rules relating to water quality and life- saving equipment. The department may not require compliance with rules relating to swimming pool life- guard standards. C. A private pool used for instructional purposes in swim- ming shall not be regulated as a public pool. D. Any pool serving a residential child care agency regis- tered and exempt from licensure pursuant to s. 409.176 shall be exempt from supervision or regulation under this chapter related to construction standards if the pool is used exclusively by the facility's residents and if admission may not be gained by the public. E. The department may grant variances from any rule adopted under this chapter pursuant to procedures adopted by department rule. 64E - 9.001— General. (2) This chapter prescribes minimum design, construction, and operation requirements. (a) The department will accept dimensional stan- dards for competition type pools as published by the National Collegiate Athletic Association, 1998; Federation Internationale de Natation Amateur (FINA), 1998 -2000 Handbook; 1998- 1999 Official Rules of Diving & Code of Regulation of United States Diving It':;.; 1998 United States Swimming Rules and Regulation, and National Federation of State High School Associations, 1997 -1998, which are incorporated by reference in these rules. (b) Where adequate standards do not exist and these rules do not provide sufficient guidance for con- sideration of innovations in design, construction, and operation of proposed swimming pools or water recreation attractions, the department will establish requirements necessary to protect the health and safety of the pool patrons. (3) All pools which do not meet the definition of private pools are public pools. (4) The Americans with Disabilities Act of 1990 may relate to public pools and should be reviewed by the design engineer and the pool owner. 424 64E- 9.013(3) (j) Sanitary facilities shall be provided and shall be as near to the bathing area as prudent to ensure patron use. 1. Women's restrooms shall have a fixture set including a water closet and a lavatory. 2. Men's restrooms shall have a fixture set includ- ing a urinal, a water closet and a lavatory. 3. Additional restroom fixtures shall be provided based on stated usage. A second water closet, uri- nal and lavatory shall be provided in the men's restroom if the stated usage exceeds 50 patrons, but is less than 150 patrons. Another urinal, water floset and lavatory shall be provided for each additional 100 patrons. The number of water closets in the women's restroom shall be based on a three to two ratio with three water closets being provided in the women's restroom for every two fixtures in the men's restroom. For this purpose of establishing the men's restroom fix- ture count, both water closets and urinals shall be included. The number of lavatories in the women's restroom shall match the number in the men's restroom. 4. Restroom floors shall be impervious, slip resist- ant and slope to floor drains. 64E- 9.004(1) (a) Cross - connection prevention —An atmospheric break or approved back flow prevention device shall be pro- vided in each pool water supply line that is connected to a public water supply. Vacuum breakers shall be installed on all hose bibbs. 64E -9.006 — Construction Standards. (1) Pool Structure — Pools shall be constructed of con- crete or other impervious and structurally rigid materi- al. All pools shall be watertight, free from structural cracks and shall have a nontoxic smooth and slip resist- ant finish. (a) Floors and walls shall be white or light pastel in color and shall have the characteristic of reflect- ing rather than absorbing light. A minimum 4- inch tile line shall be installed at the water line, but shall not exceed 12 inches in height if a dark color is used. Gutter type pools may substitute 2- inch tile along the pool wall edge of the gutter lip. I. Any design or logo on the pool floor or walls shall be such that it will not hinder the detection of a human in distress, algae, sediment, or other objects in the pool and written approval must be obtained from the department prior to installation. FLORIDA BUILDING CODE — BUILDING 4.131 424 2. Pools that are not intended to be utilized for Corners shall be a minimum 90 degree officially sanctioned competition may angle. The corner intersections of walls install lap lane markings provided they meet which protrude or angle into the pool water the following criteria: The markings must be area shall be rounded with a minimum four inches wide, they must terminate five radius of 2 inches. feet from the end wall in a "T" with the "T" 2. Pool Floor Slope and Slope Transition — bar at least 18 inches long, they must be The radius of curvature between the floor placed at 7 foot intervals on center and be no and walls is excluded from these require - closer than 4 feet from any side wall, steps ments. Multiple floor levels in pools are or other obstructions. Up to 4 inch wide 18 prohibited. inch x 18 inch target ( +) may be installed on a. Floor slope shall be uniform. The the pool wall. Tile used in less than 5 feet of floor slope shall be a maximum 1 water must be slip resistant except for bull- foot vertical in 10 feet horizontal and nose tile when utilized as step, bench or a minimum of 1 foot vertical in 40 swimout markings. Floating rope lines asso- feet horizontal in areas 5 feet deep or ciated with lap lanes must not obstruct the less. The floor slope shall be a maxi - entrance or exit from the pool and are pro- mum I foot vertical in 3 feet hori- hibited when the pool is open for general zontal in areas more than 5 feet deep. use. b. Any transition in floor slope shall occur at a minimum of 5 feet of (b) Sizing —The bathing load for conventional swim- water depth. A slope transition must ming pools and special purpose pools shall be com- have a 2- inch -wide dark contrasting puted on the basis of one person per 5 gpm of recir- marking across the bottom and must culation flow. The bathing load for wading pools extend up both sides of the pool at and interactive water features shall be established the transition point. A slope transi- by averaging one person per 10 square feet of pool tion must have a safety line mounted area and one person per 5 gallons per minute of fil- by use of cup anchors, 2 feet before ter rate. The bathing load for spa type pools shall be the contrasting marking, toward the based on one person per each 10 square feet of sur- shallow end. The safety line shall face area. The filtration system shall be capable of have visible floats at maximum 7 meeting all other requirements of these rules while foot intervals. providing a flowrate of at least 1 gallon per minute for each living unit at transient facilities and 3/4 gal- 3. Depths and Markings —The minimum Ion per minute at non- transient facilities. All other water depth shall be 3 feet in shallow areas types of projects shall be sized according to the and 4 feet in deep areas. anticipated bathing load and proposed uses. For the a. Permanent depth markings followed purpose of determining minimum pool size only; ` by the appropriate full or abbreviated the pool turnover period used cannot be less than 3 words "FEET" or "INCHES" shall be hours. installed in minimum four inch high (c) Dimensions numbers and letters on a contrasting I. Walls and corners —All pool walls shall background. Depth markers shall have a clearance of 15 feet perpendicular to indicate the actual pool depth, within the wall. Offset steps and spa coves are three inches, at normal operating exempt from this clearance requirement. water level when measured three feet The upper part of pool walls in areas 5 feet from the pool wall. Symmetrical pool deep or less shall be within 5 degrees of designs with the deep point at the cen- vertical for a minimum depth of 21/2 feet ter may be allowed provided a dual from which point the wall may join the marking system is used which indi- floor with a maximum radius equal to the cater the depth at the wall and at the difference between the pool depth and 21/2 deep point. feet. The upper part of pool walls in areas b. The markings shall be located on over 5 feet deep shall be within 5 degrees both sides of the pool at the shallow of vertical for a minimum depth equal to end, slope break, deep end wall and the pool water depth minus 21/2) feet from deep point (if located more than five which point the wall may join the floor feet from the deep end wall) with a with a maximum radius of 21/2 feet. maximum perimeter distance 4.132 FLORIDA BUILDING CODE — BUILDING � . M. between depth markings of 25 feet and shall be legible from inside the pool and also from the pool deck. When a curb is provided, the depth markings shall be installed on the inside and outside or top of the pool curb. When a pool curb is not pro - vided, the depth markings shall be located on the inside vertical wall at or above the water level and on the edge of the deck within two feet of the pool water. When open type gut- ter designs are utilized, depth mark- ers shall be located on the back of the gutter wall. c. When deck level perimeter overflow systems are utilized, additional depth markers shall be placed on adjacent fencing or walls and the size shall be increased so they are recognizable from inside the swimming pool. Depth markers on the pool deck shall be within three feet of the water. d. Those areas of the pool that are not part of an approved diving bowl shall have dark contrasting, permanent, four inch high "NO DIVING" markings installed on the top of the pool curb or deck within two feet of the pool water on each side of the pool with a maxi- mum distance of 25 feet between markings. A 6 -inch tile with a 4 -inch or larger red, international "NO DIV- ING" symbol may be substituted for the "NO DIVING" markings. e. All depth markings shall be tile, except that pools constructed of fiberglass, thermoplastic or stainless steel may substitute other type mark- ings when it can be shown that said markings are permanent and will not fade over time. This exemption does not extend to concrete pools that are coated with fiberglass. All depth and "NO DIVING" markings installed on horizontal surfaces must have a slip resistant finish. (d) Access —All pools shall have a means of access every 75 feet of pool perimeter with a minimum of two, located so as to serve both ends of the pool. When the deep portion of the pool is over 30 feet wide both sides of this area shall have a means of access. Access shall consist of ladders, stairs, recessed treads or swimouts and may be used in combination. All treads shall have a slip resistant surface. FLORIDA BUILDING CODE — BUILDING 424 1. Ladders — Ladders shall be of the cross - braced type and shall be constructed of cor- rosion resistant materials and be securely anchored into the pool deck. Clearance between the ladder and pool wall shall be between three to six inches. Ladders shall extend at least 28 inches above the pool deck. 2. Recessed Treads — Recessed treads shall be installed flush with the wall and shall be a minimum five inches wide, 10 inches long, with a maximum vertical distance of 12 inches between treads. 3. Stairs — Stairs shall have a minimum tread width of 10 inches for a minimum tread length of 24 inches and a maximum riser height of 10 inches. Treads and risers between the top and bottom treads shall be uniform in width and height. The front three- fourths to two inches of the tread and the top two inches of the riser shall be tile, dark in color, contrasting with the interior of the pool. Tile shall be slip resistant, except when three - fourths inch by 2 inch bullnose tile is used and the 3/4 inch seg- ment is placed on the tread and the two inch segment is on the riser. All markings shall be tile, except that pools constructed of fiberglass, thermoplastic or stainless steel may substitute other type markings when it can be shown that said markings are permanent and will not fade over time. This exception does not extend to concrete pools that are coated with fiberglass. 4. Swimouts — Swimouts shall extend 18 to 24 inches back from the pool wall, shall be 4 to 5 feet wide, shall be a maximum of 12 inches below the deck, unless stairs are provided in the swimout, and shall be located only in areas of the pool greater than 5 feet deep. Pools that do not utilize a continuous perimeter overflow system must provide a wall return inlet in the swimout for circulation. A permanent dark contrasting colored band of tile shall be installed at the intersection of the pool wall and the swimout and must extend 2 inches on the horizontal and vertical surfaces. Tile must be slip resistant, except that bullnose tile may be substituted and installed in accordance with section 64E- 9.006(l)(d)3. above. 5. Handrails and Grabrails— Handrails shall be provided for all stairs, shall Abe anchored in the bottom step and the deck. Where "figure 4" deck mounted type handrails are 4.133 01 424 used, they shall be anchored in the deck and extend laterally to any point vertically above the bottom step. A grabrail shall be provided for all swimouts and shall not protrude more than 6 inches over the water surface. Grabrails must be mounted in the pool deck at each side of recessed steps. Handrails and grabrails shall extend at least 28 inches above the step edge and deck. 6. Permanent or portable steps, ramps, handrails, lifts, or other devices designed to accommodate handicapped individuals in swimming pools may be provided. Lifts mounted into the pool deck shall have a minimum 4- foot -wide deck behind the lift mount. (e) The pool water area shall be unobstructed by any type structure unless justified by engineering design as a part of the recirculation system. Engineering design and material specifications shall show that such structures will not endanger the pool patron, can be maintained in a sanitary condition and will not create a problem for sani- tary maintenance of any part of the pool, pool water, or pool facilities. Structures in accord with the above shall not be located in a diving bowl area or within 15 feet of any pool wall. 1. Stairs, ladders and ramps, necessary for entrance/exit from the pool are not consid- ered obstructions. 2. Underwater seat benches may be installed in areas less than 5 feet deep. Bench seats must be 14 to 18 inches wide and must have a dark contrasting marking on the seat edge extending 2 inches on the horizontal and vertical surface. If tile is used it must be slip resistant, except that bullnose tile may be substituted and installed in accor, dance with section 64E- 9.006(1)(d)3. (f) The vertical clearance above the pool deck shall be at least 7 feet. (g) Diving Areas — Diving facilities shall meet the minimum requirements of the FINA dimensions for diving facilities in accordance with the 1998- 2000 FINA Handbook. 1. Diving boards or platforms with heights of less than the established standard shall meet the dimensional requirements of the next greater height. 2. Diving boards, platforms and ladders shall have a nonabsorbent, slip resistant finish and be of sufficient strength to safely carry the anticipated loads. Diving equipment one meter and greater shall have guard rail; which are at least 36 inches above the div ing board and extend to the edge of the pool wall. All diving boards over 21 inches from the deck shall be provided with a lad- der. Diving boards or platforms shall not be installed on curved walls where the wal enters into the defined rectangular divine area specified in this section. Adjaceni platform and diving boards shall be paral- lel. 3. The location of pool ladders shall be sucf that the distance from the ladder to an) point on a diving board or platform center- line is not less than the plummet to side wall dimension (b) indicated in the FINA standards. Trampoline type diving facilities are prohibited. 4. Diving targets may be installed in accor- dance with FINA standards. (2) Pool Appurtenances (a) Decks and Walkways — Wooden decks and walk- ways are prohibited. 1. Pool wet decks shall have a minimum unobstructed width of 4 feet around the perimeter of the pool, pool curb, ladders, handrails, diving boards, diving towers, and slides, shall be constructed of concrete or other nonabsorbent material having a smooth slip resistant finish and shall be uniformly sloped at a minimum of 2 per- cent to a maximum of 4 percent away from the pool or to deck drains to prevent stand- ing water. When a curb is provided, the deck shall not be more than 10 inches below the top of the curb. Wet deck area finishes shall be designed for such use and shall be installed in accordance with the manufacturer's specifications. Traffic bar- riers shall be provided as needed so that parked vehicles do not extend over the deck area. Walkways shall be provided between the pool and the sanitary facilities, and shall be constructed of concrete or other nonabsorbent material having a smooth slip resistant finish for the first 15 feet of the walkway measured from the nearest pool water's edge. A hose bibb with a vacuum breaker shall be provided to allow the deck to be washed down with potable water. 2. Ten percent of the deck along the pool perimeter may be obstructed. Obstructions shall have a wet deck area behind or 4.134 FLORIDA BUILDING CODE - BUILDING through them, with the near edge of the walk within 15 feet of the water. These obstructions must be protected by a barrier or must be designed to discourage patron access. When an obstruction exists in mul- tiple areas around the pool the minimum distance between obstructions shall be 4 feet. 3. Food or drink service facilities shall not be located within 12 feet of the water's edge. (b) Bridges and overhead obstructions over the pool shall be designed so they will not introduce any contamination to the pool water. The minimum height of the bridge or obstruction shall be at least 8 feet from the bottom of the pool and at least four feet above the surface of the pool. Minimum 42- inch -high handrails shall be pro- vided along each side of the bridge. The walking surfaces shall be constructed of concrete or other nonabsorbent material having a smooth slip resistant finish. (c) Lighting—Artificial lighting shall be provided at all swimming pools which are to be used at night or which do not have adequate natural lighting so that all portions of the pool, including the bot- tom, may be readily seen without glare. 1. Outdoor pool lighting — Overhead lighting shall provide a minimum of 3 foot candles of illumination at the pool water surface and the pool deck surface. Underwater lighting shall be a minimum of 112 watt per square foot of pool water surface area. 2. Indoor pool lighting — Overhead lighting shall provide a minimum of 10 foot can- dles of illumination at the pool water sur- face and the pool deck surface. Underwater lighting shall be a minimum of sho watt per square foot of pool surface area. 3. Underwater lightinc, Underwater lighting shall utilize transformers and low voltage circuits with each underwater light being grounded. The maximum voltage for each light shall be 15 volts and the maximum incandescent lamp size shall be 300 watts. The location of the underwater lights shall be such that the underwater illumination is as uniform as possible and shall not be less than 18 inches below the normal operating water level. All underwater lights which depend upon submersion for safe operation shall have protection from overheating when not submerged. Underwater lighting requirements can be waived when the over- head lighting provides at least 15 footcan- FLORIDA BUILDING CODE — BUILDING 424 dies of illumination at the pool water sur- face and pool deck surface. Alternative lighting systems which do not utilize elec- tricity in the pool or on the pool deck, such as fiber optic systems, may be utilized if the applicant demonstrates to reasonable certainty that the system development has advanced to the point where the depart- ment is convinced that the pool illumina- tion is equal to the requirements in sub- paragraph 1. and 2. above. 14. Overhead wiring — Overhead service wiring shall not pass within an area extending a dis- tance of 10 feet horizontally away from the inside edge of the pool walls, diving structures, observation stands, towers, or platforms. (d) Electrical Equipment and Wiring- 1, Electrical equipment wiring and installa- tion including the grounding of pool com- ponents shall conform with the National Electrical Code®, 1996 Edition, which is E incorporated by reference in these rules and shall comply with applicable local codes. Written evidence shall be provided from the electrical contractor or the electri- cal inspector of compliance with the National Electrical Code ®. (e) Equipment Area or Rooms — Equipment desig- nated by the manufacturer for outdoor use may be located in an equipment area, all other equip- ment must be located in an equipment room. Plastic pipe subject to a period of prolonged sun- light exposure must be coated to protect it from ultraviolet -light degradation. An equipment area shall be 4 -sided fencing provided it is at least 4 feet high with a self - closing and self- latching gate with a permanent locking device. An equip- ment room shall be protected on at least 3 sides and overhead. The fourth side may be a gate, fence, or open if otherwise protected from unau- thorized entrance. The equipment area or room floor shall be of concrete or other nonabsorbent material having a smooth slip resistant finish and shall have positive drainage, including a sump pump if necessary. 1. Ventilation and Access — Equipment rooms shall have either forced draft or cross ven- tilation. All below grade equipment rooms shall have a stairway access with forced draft ventilation or a fully louvered door and louvered vent on at least one other side. The opening to equipment room or area shall be a minimum 3 feet by 6 feet 4.135 424 and shall provide easy access to the equip- An additional set of fixtures shall be provided in the men's ment. A hose bibb with vacuum breaker shall restroom for every 5,000 square feet or major fraction there- be located in the equipment room or area. of for pools greater than 10,000 square feet. Women's rest - 2. Size and Lighting —The size of the equip- rooms must have a ratio of 3 to 2 water closets provided for ment room or area shall provide working women to the combined total of water closets and urinals pro - space to perform routine operations. vided for men. Clearance shall be provided for all equip- 1 Outside access to facilities shall be provid- ment as prescribed by the manufacturer to ed for bathers at outdoor pools and if they allow normal maintenance operation and are not visible from any portion of the pool removal without disturbing other piping or deck, signs shall be posted showing direc- equipment. Equipment rooms or areas tions to the :acilities. These directions shall shall not be used for storage of chemicals be legible from any portion of the pool emitting corrosive fumes or for storage of deck and the letters shall be a minimum of other items to the extent that entrance to 1 inch high. the room for inspection or operation of the 3. Sanitary facility floors shall be constructed equipment is impaired. In rooms with fixed of concrete or other nonabsorbent materi- ceilings, the minimum height shall be 7 als and shall have a smooth slip resistant feet. Equipment rooms or areas shall be finish and shall slope to floor drains. lighted to provide 30 footcandles of illumi- Carpets, duckboards and footbaths are pro - nation at floor level. hibited. The intersection between the floor and walls must be covered. (f) Sanitary Facilities — Separate sanitary facilities 4. Poolside sanitary facilities are not required shall be provided and labeled for each sex and if all living units are within a 200 foot must be located within a 200 foot radius of the radius of the nearest water's edge, are not nearest water's edge of each pool served by the over 3 stories in height and are each facilities. equipped with private sanitary facilities. 1. Fixtures shall be provided as indicated on 5. A hose bibb with vacuum breaker shall be the following chart: provided near each restroom to allow for ease of cleaning. Men's Restroom Size of Pool Urinals WC Lavatory (g) Rinse shower —A minimum of one rinse shower shall be provided on the pool deck of all outdoor 0 — 2500 sq ft 1 1 1 pools within 20 feet of the nearest pool water's 2501 — 5000 sq ft 2 1 1 edge. 5001 — 7500 sq ft 2 2 2 7501 — 10,000 sq ft 3 3 3 , Women's Restroom Size of Pool Urinals WC Lavatory 0 — 2500 sq ft 0 1 1 2501 — 5000 sq ft 0 5 1 5001 — 7500 sq ft 0 6 2 7501 — 10,000 sq ft 0 9 3 4.136 FLORIDA BUILDING CODE — BUILDING 64E- 9.007— Recirculation and Treatment System Requirements. (1) Recirculation and treatment equipment such as filters, recessed automatic surface skimmers, ionizers, ozone generators, disinfection feeders and chlorine generators must be tested and approved using the ANSI/NSF International Standard 50 -1996, Circulation System Components and Related Materials for Swimming Pool, Spas/Hot Tubs, dated October 28, 1996, which is incor- porated by reference in these rules. If standards do not exist for a specific product, the manufacturer must work with NSF or other American National Standards Institute (ANSI) approved agency to develop such standards. (2) The recirculation system shall be designed to provide a minimum of four turnovers of the pool volume per day. Pools that are less than 1000 square feet at health clubs shall be required to provide eight turnovers per day. (3) The design pattern of recirculation flow shall be 100 percent through the main drain piping and100 percent through the perimeter overflow system or 60 percent through the skimmer system. (a) Perimeter overflow gutters —The lip of the gutter shall be uniformly level with a maximum tolerance of 1/4 inch between the high and low areas. The bot- tom of the gutter shall be level or slope to the drains. The spacing between drains shall not exceed 10 feet for 2 -inch drains or 15 feet for 21h -inch drains, unless hydraulically justified by the design engineer. The gutter lip shall be tiled with a minimum of 2 inch tile on the pool wall, except that stainless steel gutters are exempt from this requirement. 1. Either recessed type or open type gutters shall be used. Special designs can be approved provided they are within limits of sound engineering practice. Recessed type gutters shall be at least 4 inches deep and 4 inches wide, and no part of the recessed gutter shall be visible from a position directly above the gutter sighting vertically down the edge of the deck or curb. Open type gutters shall be at least 6 inches deep and 12 inches wide. The back vertical wall of the gutter shall be tiled with glazed tile. The gutter shall slope 2 inches, ± 1/4 inch, from the lip to the drains. The gutter drains shall be located at the deepest part of the gutter. 2. All gutter systems shall discharge into a collector tank. FLORIDA BUILDING CODE — BUILDING 424 3. The department shall waive the require- ments of tile on stainless steel gutter sys- tems when it can be shown that the sur- faces at the waterline and back of the gut- ter are easily cleanable. (b) Recessed Automatic Surface Skimmers — Recessed automatic surface skimmers may be utilized when the pool water surface area is 1,000 square feet or less excluding offset stairs and swimouts and the width of the pool is not over 20 feet. 1. The recessed automatic surface skimmer piping system shall be designed to carry 60 percent of the pool total design flow rate with each skimmer carrying a minimum 30 gallons per minute. One skimmer for every 400 square feet or fraction thereof of pool water surface area shall be provided. 2. Prevailing wind direction and the pool out- line shall be considered in the selection of skimmer locations and the location of skim- mers shall be such that the interference of adjacent inlets and skimmers is minimized. Recessed automatic surface skimmers shall be installed so that there is no protrusion into the pool water area. The deck or curb shall provide for a handhold around the entire pool perimeter and shall not be located more than 9 inches above the mid point of the opening of the skimmer. 3. Recessed automatic surface skimmers shall be installed with an equalizer valve and an equalizer line when the skimmer piping system is connected directly to pump suc- tion. The equalizer valve shall be a spring loaded vertical check valve which will not allow direct suction on the equalizer line. The equalizer line inlet shall be installed at least 1 foot below the normal pool water level and the equalizer line inlet shall be protected by a grate. The equalizer line shall be sized to handle the expected flow with a 2 inch minimum line size. 4. A wall inlet fitting shall be provided direct- ly across from each skimmer. 5. A minimum 6 inch water line tile shall be provided on all pools with automatic skim- mer systems. Glazed tile shall be utilized. (4) Pumps —If the pump or suction piping is located above the water level of the pool, the pump shall be self- priming. Pumps that take suction prior to filtration shall be equipped with a hair and lint strainer. The recirculation pump shall be selected to provide the required recirculation flow 4.137 424 against a minimum total dynamic head of 60 feet unless hydraulically justified by the design engineer. Vacuum D.E. filter systems pumps shall provide at least 50 feet of total dynamic head. Should the total dynamic head required not be appropriate for a given project, the design engineer shall provide an alterna- tive. (5) Filters — Filters sized to handle the required recircula- tion flow shall be provided. (a) Filter capacities —The maximum filtration rate in gallons per minute per square foot of filter area shall be: 15 (20 if so approved using the proce- dure stated in 64E- 9.007(1)) for high rate sand filters, 3 for rapid sand filters, 0.075 for pleated cartridge filters and 2 for D.E. filters. (b) Filter Appurtenances. 1. Pressure filter systems shall be equipped with an air relief valve, influent and efflu- ent pressure gauges with minimum face size of 2 inches reading 0 -60 psi, and a sight glass when a backwash line is required. 2. Vacuum filter systems shall be equipped with a vacuum gauge which has a 2 inch face and reads from 0 -30 inches of mer- cury. 3. Precoat —A precoat pot or collector tank shall be provided for D.E. systems. (c) Filter tanks and elements —The filter area shall be determined on the basis of effective filtering surfaces with no allowance given for areas of impaired filtration, such as broad supports, folds, or portions which may bridge. Filter elements shall have a minimum 1 inch clear spacing between elements up to a 4 square foot effective area. The spacing between filter elements shall increase 1/8 inch for each additional square foot of filter area or fraction thereof above an effec= tive filter area of 4 square feet. All cartridges used in public pool filters shall be permanently marked with the manufacturer's name, pore size and area in square feet of filter material. All car- tridges with end caps shall have the permanent markings on one end cap. Vacuum filter tanks shall have covered intersections between the wall and the floor and the tank floor shall slope to the filter tank drain. The filter tank and elements shall be installed such that the recirculation Aoti draw down does not expose the elements to the atmosphere whenever only the main drain valve is open or only the surface overflow gutter sys- tem valve is open. (6) Piping —All plastic pipe used in the recirculation sys- tem shall be imprinted with the manufacturer's name and the NSF -pw logo for potable water applications. Size, schedule, and type of pipe shall be included on the drawings. (7) Valves— Return lines, main drain lines, and surface overflow system lines, shall each have proportioning valves. (8) Flow Velocity— Pressure piping shall not exceed 8 feet per second, except that precoat lines with higher veloc- ities may be used when necessary for agitation purpos- es. The flow velocity in suction piping shall not exceed 6 feet per second except that flow velocities up to 10 feet per second in filter assembly headers will be acceptable. Main drain systems and surface overflow systems which discharge to collector tanks shall be sized with a maximum flow velocity of 3 feet per sec- ond. The filter and vacuuming system shall have the necessary valves and piping to allow filtering to pool, vacuuming to waste, vacuuming to filter, complete drainage of the filter tank, backwashing for sand and pressure D.E. filters and precoat recirculation for D.E. filters. (9) Inlets —All inlets shall be adjustable with wall type inlets being directionally adjustable and floor type inlets having a means of flow adjustment. (a) Pools 30 feet in width or less, with wall inlets only shall have enough inlets such that the inlet spacing does not exceed 20 feet based on the pool water perimeter. (b) Pools 30 feet in width or less with floor inlets only shall have a number of inlets provided such that the spacing between adjacent inlets does not exceed 20 feet and the spacing between inlets and adjacent walls does not exceed 10 feet. (c) A combination of wall and floor inlets may be used in pools 30 feet in width or less only if requirements of (a) or (b) are fully met. (d) Pools greater than 30 feet in width with floor inlets only shall have a number of floor inlets provided such that the spacing between adjacent inlets does not exceed 20 feet and the spacing between inlets and an adjacent wall does not exceed 10 feet. (e) Pools greater than 30 feet in width may have a combination of wall and floor inlets provided the number of wall inlets is such that the maximum spacing between wall inlets is 20 feet and floor inlets are provided for the pool water area beyond a 15 feet perpendicular distance from all walls. The number of floor inlets shall be such 4.138 FLORIDA BUILDING CODE - BUILDING that the spacing between adjacent inlets does not exceed 20 feet and the distance from a floor inlet and an adjacent wall does not exceed 25 feet. Floor inlets shall be designed and installed such that they do not protrude more than 5/8 inch above the pool floor and all inlets shall be designed and installed so as not to constitute sharp edges or pro- trusions hazardous to pool bathers. (f) The flow rate through each inlet shall not exceed 15 gpm. (10) Main Drain Outlets —All pools shall be provided with an outlet at the deepest point. (a) The depth at the outlet must not deviate more than 3 inches from the side wall. (b) Outlets must be covered by a secured grating which requires the use of a tool to remove and whose open area is such that the maximum velocity of water passing through the openings does not exceed 11/2 feet per second at 100 per- cent of the design recirculation flow. (c) Multiple outlets, equally spaced from the pool side walls and from each other, shall be installed in pools where the deep portion of the pool is greater than 30 feet in width. (d) If the area is subject to high ground water, the pool shall be designed to withstand hydraulic uplift or shall be provided with hydrostatic relief devices. (e) The main drain outlet shall be connected to a col- lector tank. The capacity of the collector tank shall be at least 1 minute of the recirculated flow unless justified by the design engineer. Vacuum filter tanks are considered collector tanks. (11) An automatic and manual water makeup control must be provided to maintain the water level at the lip of the overflow gutter or at the mouth of the recessed auto- matic surface skimmers and must discharge through an air gap into a fill pipe or collector tank. Over the rim fill spouts are prohibited. (12)Cleaning system —A portable or plumbed in vacuum cleaning system shall be provided. All vacuum pumps shall be equipped with hair and lint strainers. When the system is plumbed in, the vacuum fittings shall be located to allow cleaning the pool with a 50 foot max- imum length of hose. Vacuum fittings shall be mount- ed approximately 12 inches below the water level, flush with the pool walls, and shall be provided with a spring loaded safety cover or flush plug cover which shall be in.place at all times when the pool is not being vacuumed. Bag type cleaners which operate as ejec- tors on potable water supply pressure must be protect- ed by a vacuum breaker. Cleaning devices shall not be used while the pool is open to bathers. 424 (13) Rate of flow indicators —A rate of flow indicator, reading in gpm, shall be installed on the return line. The rate of flow indicator shall be properly sized for the design flow rate and shall be capable of measuring from 1/2 to at least 11/2 times the design flow rate. The clearances upstream and downstream from the rate of flow indicator shall comply with manufacturer's installation specifications. (14) Heaters —Pool heaters shall comply with nationally recognized standards acceptable to the department and to the design engineer. Pools equipped with heaters shall have a fixed thermometer mounted in the pool recirculation line downstream from the heater outlet. Thermometers mounted on heater outlets do not meet this requirement. A sketch of any proposed heater installation including valves, thermometer, pipe sizes, and material specifications shall be submitted to the department and permitted prior to installation. Piping and influent, effluent and bypass valves which allow isolation or removal of the heater from the system shall be provided. Materials used in solar and other heaters shall be non -toxic and acceptable for use with potable water. Heaters shall not prevent the attainment of the required turnover rate. (15) Pool waste water disposal —Pool waste water shall be discharged through an air gap; disposal shall be to san- itary sewers, storm sewers, drainfields, or by other means, in accordance with local requirements includ- ing obtaining all necessary permits. Disposal of water from pools using D.E. powder shall be accomplished through separation tanks which are equipped with air bleed valves, bottom drain lines, and isolation valves, or through a settling tank with final disposal being acceptable to local authorities. D.E. separator tanks shall have a capacity as rated by the manufacturer, equal to the square footage of the filter system. All lines shall be sized to handle the expected flow. There shall not be a direct physical connection between any drain from a pool or recirculation system and a sewer line. (16) Disinfection and pH adjustment shall be added to the pool recirculation flow using automatic feeders meet- ing the requirement of NSF Standard 50 -1996. All chemicals shall be fed into the return line after the pump, heater and filters unless the feeder �� as designed by the manufacturer and approved by the NSF to feed to the collector tank or to the suction side of the pump. (a) Gas chlorination —When gas chlorination is uti- lized, the chlorinator shall be capable of continu- ously feeding a chlorine dosage of 4 mg /L to the recirculated flow of the filtration system. The FLORIDA BUILDING CODE — BUILDING 4.139 . 424 application point for chlorine shall be located in the return line downstream of the filter, recircula- tion pump, heater, and flow meter, and as far as possible from the pool. 1. Gas chlorinators shall be located in above grade rooms and in areas which are inac- cessible to unauthorized persons. a. Chlorine rooms shall have: continu- ous forced draft ventilation capable of a minimum of 1 air change per minute with an exhaust at floor level to the outside, a minimum of 30 foot- = candles of illumination with the switch located outside and the door shall open out and shall not be locat- ed adjacent to the filter room entrance or the pool deck. A shatter- ' proof gas tight inspection window shall be provided. b. Chlorine areas shall have a roof and shall be enclosed by a chain -link type fence at least 6 feet high to allow ventilation and prevent vandal- = ism. 2. A gas mask, or a self- contained breathing apparatus, approved for use in chlorine gas contaminated air, shall be provided and shall be located out of the area of possible contamination. 3. When booster pumps are used with the chlorinator, the pump shall use recirculated pool water supplied via the recirculation c' filtration system. The booster pump shall be electrically interlocked with the recircu- lation pump to prevent the feeding of chlo- rine when the recirculation pump is -not B operating. 4. A means of weighing chlorine containers shall be provided. When 150 pound cylin- ders are used, platform type scales shall be provided and shall be capable of weighing a minimum of 2 full cylinders at I time. The elevation of the scale platform shall be within 2 inches of the adjacent floor level, -° and the facilities shall be constructed to allow easy placement of full cylinders on the scales. 5. Each cylinder shall be secured at all times, with 150 pound cylinders maintained in an upright position. A protective cap shall be in place at all times when the cylinder is not connected to the chlorinator. (b) Hypohalogenation and Electrolytic chlorine gen erators —The hypohalogenation type feeder an( electrolytic chlorine generators shall be adjustable from 0 to full range. A rate of flow indicator i; required on erosion type feeders. The feeders shal be capable of continuously feeding a dosage of t mg/L to the minimum required turnover flow rats of the filtration systems. Solution feeders shall b� capable of feeding the above dosage using a H percent sodium hypochlorite solution, or 5 percen calcium hypochlorite solution, whichever disin fectant is to be utilized at this facility. To preven the,disinfectant from siphoning or feeding direct ly into the pool or pool piping under any type fail ure of the recirculation equipment, an electrica interlock with the recirculation pump shall N incorporated into the system for electrically oper- ated feeders. The minimum size of the solutior reservoirs shall be at least 50 percent of the maxi- mum daily capacity of the feeder. The solutior reservoirs shall be marked to indicate contents. (c) Feeders for pH adjustment— Feeders for pH adjustment shall be provided on all pools, except spa pools of less than 100 square feet of pool water surface area and pools utilizing erosion type chlorinators feeding chlorinated isocyanu- rates. pH adjustment feeders shall be positive dis- placement type, shall be adjustable from 0 to full range, and shall have an electrical interlock with the circulation pump to prevent discharge when the recirculation pump is not operating. When soda ash is used for pH adjustment, the maxi- mum concentration of soda ash solution to be fed shall not exceed 1/2 pound soda ash per gallon of water. Feeders for soda ash shall be capable of feeding a minimum of 3 gallons of the above soda ash solution per pound of gas chlorination capacity. The minimum size of the solution reser- voirs shall not be less than 50 percent of the max- imum daily capacity of the feeder. The solution reservoirs shall be marked to indicate the type of contents. (d) Ozone generating equipment may be used for supplemental water treatment on public swim- ming pools subject to the conditions of this sec- tion. Ozone generating equipment electrical components and wiring shall comply with the requirements of the National Electrical Code® and the manufacturer shall provide a certificate of conformance. The process equipment shall be provided with an effec- tive means to alert the user when a compo- nent of this equipment is not operating. 4.140 FLORIDA BUILDING CODE — BUILDING 424 2. Ozone generating equipment shall meet the for must be capable of stopping the pro - NSF's Standard Number 50 -1996. duction of ozone, venting the room and 3. The concentration of ozone in the return sounding an alarm once ozone is detected. line to the pool shall not exceed 0.1 mg/L.. discharge into a collector tank. 4. The injection point for ozone generating (e) Ionization units may be used as supplemental equipment shall be located in the pool water treatment on public pools subject to the return line after the filtration and heating condition of this paragraph. equipment, prior to the halogen injection 1. Ionization equipment and electrical com- point, and as far as possible from the near- ponents and wiring shall comply with the est pool return inlet with a minimum dis- requirements of the National Electrical tance of 4 feet. Injection methods shall Coded and the manufacturer shall provide include a mixer, contact chamber, or other a certification of conformance. means of efficiently mixing the ozone with 12. Ionization equipment shall meet the NSF's the recirculated water. The injection and Standard 50 -1992, Circulation System mixing equipment shall not prevent the Components and Related Materials for attainment of the required turnover rate of Swimming Pools, Spas /Hot Tubs, or equiv- the recirculation system. Ozone generating alent, shall meet LJL standards and shall be equipment shall be equipped with a check electrically interlocked with recirculation valve between the generator and the injec- pump. tion point. Ozone generating equipment more of pool water surface area shall have provisions shall be equipped with an air flow meter 64E- 9.009 — Wading Pools. and a means to control the flow. (1) Wading pools shall meet the requirements of sections 5. Ventilation requirements —Ozone generat- 64E -9.001 through 64E - 9.008, unless otherwise indi- ing equipment shall be installed in equip- cared. Wading pools and associated piping shall not be ment rooms with either forced draft or physically connected to any other swimming pools and cross draft ventilation. Below grade equip- have no minimum width dimensions requirements. ment rooms with ozone generators shall have forced draft ventilation and all equip- (2) Depths — Wading pools shall have a maximum of 2 feet. ment rooms with forced draft ventilation The depth at the perimeter of the pool shall be uniform shall have the fan control switch located and shall not exceed 12 inches. Where recessed auto - outside the equipment room door. The matic surface skimmers are used, the pool floor shall not exhaust fan intake for forced draft ventila- be more than 12 inches below the deck unless steps and tion and at least one vent grille for cross handrails are provided. Depth and NO DIVING markers draft ventilation shall be located at floor are not required on wading pools. level. 6. A self- contained breathing apparatus (3) Recirculation — Wading pools shall have a minimum of designed and rated by it's manufacturer for one turnover every hour. Lines from main drains shall use in ozone contaminated air shall be pro- discharge into a collector tank. vided when ozone generator installations (a) Skimmer equalizer lines when required shall be are capable of exceeding the maximum pool installed in the pool floor with a grate covering. water ozone contact concentration of 0.1 (b) The grate cover shall be sized so as not to allow milligram per liter. The self- contained the flow to exceed 11/2 feet per second when the breathing apparatus shall be available at all equalizer line is operating. times and shall be used at times when the maintenance or service personnel have (4) Inlets— Wading pools with 20 feet or less of perimeter determined that the equipment room ozone shall have a minimum of two equally spaced adjustable concentration exceeds 10 mg /L. Ozone gen- inlets. erator installations which require the self - contained breathing apparatus shall also be (5) Emergency drainage —All wading pools shall have provided with Draeger type detector tube drainage to waste without a cross - connection through a equipment which is capable of detecting quick opening valve to facilitate emptying the wading ozone levels of 10 mg/L and greater. pool should accidental bowel or other discharge occur. 7. In lieu of the above self contained breath- (6) Vacuuming Wading pools with 200 square feet or ing apparatus an ozone detector capable of more of pool water surface area shall have provisions detecting 1 mg/L may be used. Said detec- for vacuuming. FLORIDA BUILDING CODE — BUILDING 4.141 424 (7) Wading pool decks —When adjacent to swimming pools, wading pools shall be separated from the swim- ming pool by a fence or other similar type barrier. Wading pools shall have a minimum 10 foot wide deck around at least 50 percent of their perimeter with the remainder of the perimeter deck being at least 4 feet wide. There shall be at least 10 feet between adjacent swimming pools and wading pools. (8) Wading pools are exempt from underwater lighting require- ments but do require overhead lighting for night use. 64E- 9.010 —Spa Pools. (1) Spa pools shall meet the requirements of sections 64E- 9.001 through 64E- 9.008, unless specifically indicated otherwise. (2) The color, pattern or finish of the pool interior shall not obscure the existence or presence of objects or surfaces within the pool. (3) Water depths —Spa type pools shall have a minimum water depth of 21/2 feet and a maximum water depth of 4 feet, except that swim spa pools may have a maxi- mum water depth of 5 feet. Depth markers and NO DIVING markers are not required on spa type pools with 200 or less square feet of water surface area. (4) Steps and handrails —Steps or ladders shall be provid- ed and shall be located to provide adequate entrance to and exit from the pool. The number of sets of steps or ladders required shall be on the basis of I for each 75 feet, or major fraction thereof, of pool perimeter. Step sets for spa type pools with more than 200 square feet of pool water surface area shall comply with section 64E- 9.006(1)(d)3. Step sets for spa type pools with 200 . square feet or less of pool water surface area shall com- ply with the following: Step treads shall have a mini- mum width of 10 inches for a minimum continuous tread length of 12 inches. Step riser heights shall not exceed 12 inches except when the bottom step is used for a bench or seat, the bottom riser may be a maximum of 14 inches. Intermediate treads and risers between the top and bottom treads and risers shall be uniform in width and height, respectively. Contrasting markings on the leading edges of the submerged benches and the intersections of the treads and risers are required to be installed in accordance with 64E- 9.006(1)(d)3. (a) Handrails shall be provided for all sets of steps and shall be anchored in the bottom step and in the deck. Handrails shall be located to provide maximum access to the steps and handrails shall extend 28 inches above the pool deck. (b) Where "figure 4" handrails are used, they shall be anchored in the deck and shall extend lateral- ly to any point vertically above the bottom step. Handrails shall be located to provide maximum access to the steps and handrails shall extend 28 inches above the pool deck. (5) Decks —Decks shall have a minimum 4 foot wide unobstructed width around the entire pool perimeter except that pools of less than 120 square feet of pool water surface area shall have a minimum 4 foot wide unobstructed continuous deck around a minimum of 50 percent oiy the pool perimeter. Decks less than 4 feet wide shall have barriers to prevent their use. Decks shall not be more than 10 inches below the top of the pool. (6) Therapy or jet systems (a) The return lines of spa type therapy or jet sys- tems shall be independent of the recirculation-fil- tration and heating systems. (b) Therapy or jet pumps shall take suction from the collector tank. Collector tank sizing shall take this additional gallonage into consideration. (7) Filtration system inlets —Spa type pools with less than 20 feet of perimeter shall have a minimum of 2 equal- ly spaced adjustable inlets. (8) Filtration recirculation —Spa type pools shall have a minimum of one turnover every 30 minutes. The pip- ing, fittings, and hydraulic requirements shall be in accordance with section 64E- 9.007. All recirculation lines to and from the pool shall be individually valved with proportional flow type valves in order to control the recirculation flow. (9) Vacuuming —Spa type pools of over 200 square feet of pool water surface area shall have provisions for vacu- uming. (11) When spa pools are part of a conventional swimming pool, the spa pool area shall be offset from the main pool area with the same water depth as the main pool area. The spa pool shall meet all the spa pool require- ments of this chapter, and the deck area at the spa shall be protected by connected 30 inch high stanchions. The deck perimeter at the offset spa area shall not exceed 15 percent of the entire swimming pool perimeter. All benches shall have contrasting markings on the leading edges of the intersection of the bench seats. It tile is used, it shall be slip resistant. (12) Portable and wooden type spa pools are prohibited 4.142 FLORIDA BUILDING CODE — BUILDING 64E- 9.011 —Water Recreation Attractions and Specialized Pools. (1) General —Water recreation attraction projects shall be designed and constructed within the limits of sound engineering practice. Design engineers may consult with the department in reference to concepts of design variations and to areas where potential problems may exist. In addition to the requirements of this section, compliance is required with sections 64E -9.001 through 64E -9.008 and 64E -9.017 of this chapter depending upon the pool design and function. Additionally, all pools listed in this section shall have a 3 hour turnover rate unless otherwise noted. (2) Water slides. (a) Water slide plunge pool — Plunge pools shall be constructed of concrete or other structurally rigid impervious materials with a non- toxic, smooth and slip resistant finish. The plunge pool design shall be as follows: Plunge pool water depth —The minimum plunge pool operating water depth at the slide flume terminus shall be 3 feet. This depth shall be maintained for a minimum distance of 10 feet in front of the slide ter- minus from which point the plunge pool floor may have a constant upward slope to allow a minimum water depth of 2 feet at the base of the steps. The floor slope shall not exceed 1 foot in 10 feet. The plunge pool water depth shall be commensurate with safety and the ease of exit from the plunge pool. 2. Plunge pool dimension —The plunge pool dimension between any slide flume exit or terminus and the opposite side of the plunge pool shall be a minimum of 20 feet excluding steps. 3. Slide flume terminus. a. The slide flume terminus shall be designed by the design engineer who can demonstrate to the department's satisfaction that riders will be ade- quately slowed prior to discharge so as to prevent injury or harm to the rider upon impact with the plunge pool water. b. The minimum distance between any plunge pool side wall and the outer edge of any slide terminus shall be 5 feet. The minimum distance between adjacent slide flumes shall be 6 feet. FLORIDA BUILDING CODE — BUILDING 424 c. A minimum length of slide flume of 10 feet shall be perpendicular to the plunge pool wall at the exit end of the flumes. 4. Plunge pool main drains —The plunge pool shall have a minimum of one main drain with separate piping and valve to the filtra- tion system collector tank. The velocity through the openings of the main drain grate shall not exceed 11/2 feet per second at the design flow rate of the recirculation pump. The main drain piping shall be sized to han- dle 100 percent of the design flow rate of the filtration system with a maximum flow velocity of 3 feet per second. 5. Plunge pool floor slope —The plunge pool floor shall slope to the main drains and the slope shall not exceed 1 foot in 10 feet. 6. Plunge pool decks. a. Width —The minimum width of plunge pool decks along the exit side shall be 10 feet there shall be a pool deck along the side opposite the plunge pool weir, and this deck shall have a minimum width of 4 feet. b. Curbs —All plunge pool decks shall have a minimum 6 inch high curb or adequate freeboard to contain the water surge generated by the person entering the water via the slide. c. Slopes —All plunge pool decks shall slope away from the plunge pool unless the curb is located at the out- side perimeter of the deck. If the curb is located at the outside perimeter of the deck, the plunge pool deck shall slope to the plunge pool or pump reservoir or to deck drains which dis- charge to waste. All slopes shall be between 2 and 4 percent grade. 7. Hand holds shall be provided along the sides of the plunge pool in areas where the water depth exceeds 3 feet, except that no hand holds shall be required along the wall where the slide enters the pool nor shall they be required at the pool exit. (b) Run out lanes- (. Run out lanes may be utilized in lieu of a plunge pool system provided they are con- structed to the slide manufacturers specifi- cations and are approved by the design engineer of record. 4.143 - .Z' 424 Eight foot wide walkways shall be provid- ed adjacent to run out lanes. Minimum water level indicator markings shall be provided on both sides of the run out trough to insure adequate water for the safe slowing of pool patrons. Water park personnel shall be provided at the top of the slides and at the run out. (c) Pump reservoirs —Pump reservoirs shall be made of concrete or other impervious material with a smooth slip resistant finish and shall be connect- ed to the plunge pool by a weir. Pump reservoirs shall be for the slide pump intakes. Pump reser- voir designs shall be as follows: 1. Pump reservoir volume —The minimum reservoir volume shall be equal to 2 min- utes of the combined flow rate in gpm of all filter and slide pumps. 2. Pump reservoir security —Pump reservoirs shall be accessible only to authorized indi- viduals. 3. Pump reservoir maintenance accessibility — Access decks shall be provided for the reservoir such that all areas are accessible for vacuuming, skimming, and mainte- nance. The decks shall have a minimum width of 3 feet and shall have a minimum slope of 3'inches in 10 feet away from the reservoir. 4. Pump reservoir slide pump intakes —The slide pump intakes shall be located in the pump reservoir and shall be designed to allow cleaning without danger of operator entrapment. 5. Pump reservoir main drains —The pump reservoir shall have a minimum of One main drain with separate piping and valve to the filtration system collector tank and the velocity through the openings of the main drain grates shall not exceed 1 th'feet per second at the design flow rate of the fil- tration system pump. The main drain pip- ing shall be sized to handle 100 percent of design flow rate of the filtration system pump with a maximum flow velocity of 3 feet per second. (d) Slide pump check valves —Slide pumps shall have check valves on all discharge lines. (e) Perimeter overflow gutters or skimmers — Plunge po(,ls and pump reservoirs shall have perimeter overflow gutter system or skimmer which shall be an integral part of the filtration system. 1. Perimeter overflow gutter systems — Perimeter overflow gutter systems shall meet the requirements of Section 64E- 9.007(3)(a) except that gutters are not required directly under slide flumes or along the weirs which separate plunge pools and pump reservoirs. 2. Surface skimmers — Surface skimmers may be used in lieu of perimeter overflow gutters and shall be appropriately spaced and located according to the structural design. Unless an overflow gutter system is used, surface skimmers shall be provided in the plunge pool and in the pump reser- voir and the skimmer system shall be designed to carry 60 percent of the filtra- tion system design flow rate with each skimmer carrying a minimum 30 gallons per minute. All surface skimmers shall meet the requirements for NSF commercial approval as set forth in NSF Standard 50- 1996, Circulation System Components and Related Materials for Swimming Pools, Spas /Hot Tubs, which is incorporated by reference in these rules, including an equalizer valve in the skimmer and an equalizer line to the pool wall on systems with direct connection to pump suction. (f) Water slide recirculation— filtration equipment. 1. Recirculation rate —The recirculation-fil- tration system of water slides shall recircu- late and filter a water volume equal to the total water volume of the facility in a peri- od of 3 hours or less. 2. Filter areas — Minimum filter area require- ments shall be twice the filter areas speci- fied for the recirculation rates stipulated in section 64E- 9.007(5)(a). The filtration sys- tem shall be capable of returning the pool water turbidity to 5 /to NTU within 8 hours or less after peak bather load. 3. Hair and lint strainer —Any filtration system pump which takes suction directly from the plunge pool and reservoir shall have a min- imum 8 inch diameter hair and lint strainer on the suction side of the pump. (g) Disinfection- -The disinfection equipment shall be capable of feeding 12 mg /L of halogen to the continuous recirculation flow of the filtration system. (3) Water activity pools. (a) Water activity pools shall be designed and con- structed within the limits of sound engineering 4.144 FLORIDA BUILDING CODE — BUILDING _, . . practice. The design engineer may consult with the department prior to preparation and submis- sion of engineering plans and specifications for water activity pools. (b) Water activity pools shall be constructed of con- crete or other structurally rigid impervious mate- rials with a non - toxic, smooth and slip resistant finish. These pools shall be of such shape and design as to be operated and maintained in a safe and sanitary manner. (c) The recirculation - filtration system of water activ- ity pools shall be capable of a minimum of one turnover every 3 hours. (4) Wave pools. (a) Wave pools shall be designed and constructed within the limits of sound engineering practice. The design engineer may consult with the depart- ment prior to preparation and submission of engi- neering plans and specifications for wave pools. (b) Wave pools shall be constructed of concrete or other impervious materials with a smooth slip resistant finish. These pools shall be of such shape and design as to be operated and main- tained in a safe and sanitary manner. (c) The recirculation- filtration system of wave pools shall be capable of a minimum of one turnover every 3 hours. 424 (e) Decking shall be provided at the entrance and exit points as necessary to provide safe patron access but shall not be smaller than 10 feet in width and length. Additional decking along the ride course is not required except that decking shall be required at lifeguard locations and emer- gency exit points. (f) Access and exit shall be provided at the start and end of the ride only, except that emergency exit locations shall be located along the ride course as necessary to provide for the safety of the patrons. (6) Zero Depth Entry Pools. (a) Zero depth entry pools shall have a continuous floor slope from the water edge to the deep end. (5) Lazy River Rides. (a) Lazy River Rides shall be constructed within the limits of sound engineering practice. The .design engineer may consult with the department prior (7) to preparation and submission of engineering plans and specifications for Lazy River Rides. (b) Lazy River Rides shall be constructed on con- crete or other impervious materials with a non- toxic, smooth and slip resistant finish. These rides shall be of such shape and design as to be operated in a safe and sanitary manner. (c) The recirculation - filtration system of the Lazy River Ride shall be capable of a minimum of one turnover every 3 hours. (d) The maximum water depth of the Lazy River Ride shall not exceed 3 feet unless justified to the department's satisfaction by the design engineer. (b) The deck level perimeter overflow system with grate shall be provided at the waters edge across the entire zero depth portion of the pool. (c) The pool deck may slope toward the pool for no more than 5 feet, as measured from the overflow system grate outward. Beyond this area the deck shall slope away from the pool in accordance with section 64E- 9.006(2)(a)L. (d) Barriers and No -entry signs shall be provided along the pool wall edge where the water depth is less than 3 feet deep. No -entry signs shall be slip - resistant, shall have 4 inch high letters, shall be located within 2 feet of the pool edge and shall be spaced no more than 15 feet apart. (e) Additional inlets shall be provided in areas of less than 18 inches deep. The numbers and loca- tion shall be such as to double the flow rate into this area. Special Purpose Pools. (a) General— Special purpose pool projects may deviate from the requirements of other sections of these rules provided the design and construc- tion are within the limits of sound engineering practice. Only those deviations necessary to accommodate the special usage shall be allowed and all other aspects of the pool shall comply with the requirements of this section and with section 64E -9.001 through 64E - 9.008. The design engineer may consult with the department prior to preparation and submission of engineer- ing plans for special purpose pools. (b) A special purpose pool may incorporate ledges which do not overhang into the pool. (c) The operating permit shall state the purpose for which the pool is to be used. FLORIDA BUILDING CODE — BUILDING 4.145 424 (8) Interactive Water Features. (a) Waters discharged from all fountain or spray fea- tures shall not pond on the feature floor but shall flow by gravity through a maindrain fitting to a below grade sump or collection system which discharges to a collector tank. The minimum size of the sump or collector tank shall be equal to the volume of 2 minutes of the combined flow of all feature pumps and the filter pump. Smaller tanks may be utilized if hydraulically justified by the design engineer. Adequate access shall be pro- vided to the sump or collector tank. Stairs or a ladder shall be provided as needed to ensure safe entry into the tank. (b) When an underground sump is utilized, an auto- matic skimmer system shall, be provided. A vari- able height skimmer may be used or a custom surface skimmer device may be substituted if deemed appropriate by both the design engineer and the department. (c) Chemical feeders shall be provided in accor- dance with section 64E- 9.007; except that the disinfection feeder shall be capable of feeding 12 ppm of free chlorine to the filter return piping. (d) If night operation is proposed, 6 footcandles of light shall be provided on the pool deck and the water feature area. Lighting that may be exposed to the feature pool water shall not exceed 15 volts, shall be installed in accordance with man- ufacturer's specifications and be approved for such use by UL or NSF. (e) All electrical work shall comply with the NFPA 70, National Electrical Code®, 1996 Edition that is incorporated by reference. (f) Hydraulics. 1. The filter system shall be capable of filtering and treating the entire water volume of the water feature within 30 minutes. The filter system shall draft from the collector tank and return filtered and treated water to the tank via equally spaced inlet fittings. The flow rate through these fittings shall not exceed 20 gpm. . 2. The water feature pump shall draft from the collector tank. 3. An automatic water level controller shall be provided. 4. The flow rate through the feature nozzles of the water features shall be such as not to harm the patrons and shall not exceed 20 feet per second unless justified by the design engineer and by the fountain system manufacturer. 424.2 Private Swimming Pools 424.2.1 - Definitions - General 424.2.1.1 Tense, Gender and Number. For the pur- pose of this code, certain abbreviations, terms, phrases, words, and their derivatives shall be construed as set forth in this section. Words used in the present tense include the future. Words in the masculine gender include the feminine and neuter. Words in the feminine and neuter gender include the masculine. The singular number includes the plural and the plural number includes the singular. 424.2.1.21 Words Not Defined. Words not defined herein shall have the meanings stated in the Standard Building Code, Standard Mechanical Code, Standard Plumbing Code, Standard Gas Code or Standard Fire Prevention Code. Words not defined in the Standard Codes shall have the meanings stated in the Webster's Ninth New Collegiate Dictionary, as revised. 424.2.2 Definitions ABOVEGROUND /ONGROUND POOL. (See Swimming Pool.) ADMINISTRATIVE AUTHORITY. The individual official, board, department or agency established and authorized by a state, county, city or other political sub- division created by law to administer and enforce the provisions of the swimming pool code as adopted or amended. APPROVED. Accepted or acceptable under an appli- cable specification stated or cited in this code, or accepted as suitable for the proposed use under proce- dures and power of the administrative authority. APPROVED TESTING AGENCY. An organization primarily established for the purpose of testing to approved standards and approved by the administrative authority. BACKWASH PIPING. See Filter Waste Discharge Piping. BARRIER. A fence, wall, building wall or a combina- tion thereof which completely surrounds the swimming pool and obstructs access to the swimming pool. BODY FEED. Filter aid fed into a diatomite -type fil- ter throughout the filtering cycle. CARTRIDGE FILTER. A filter using cartridge type filter elements. CHEMICAL PIPING. Piping which conveys concen- trated;chemical solutions from a feeding apparatus to the circulation piping. 4.146 FLORIDA BUILDING CODE - BUILDING CIRCULATION PIPING SYSTEM. Piping between the pool structure and the mechanical equipment. Usually includes suction piping, face piping and return piping. COMBINATION VALVE. A multipart valve intended to perform more than one function. DESIGN HEAD. Total head requirement of the circu- lation system at the design rate of flow. DIATOMITE (DIATOMACEOUS EARTH). A type of filter aid. DIATOMITE TYPE FILTER. A filter designed to be used with filter aid. FACE PIPING. Piping, with all valves and fittings, which is used to connect the filter system together as a unit. FILTER. Any apparatus by which water is clarified. FILTER AID. A non - permanent type of filter medium or aid such as diatomite, alum, etc. FILTER CARTRIDGE. A disposable or renewable filter element which generally employs no filter aid. FILTER ELEMENT. That part of a filter which retains the filter medium. FILTER MEDIUM. Fine material which entraps the suspended particles and removes them from the water. FILTER RATE. Average rate of flow per square foot of filter area. FILTER ROCK. Specially graded rock and gravel used to support filter sand. FILTER SAND. A specially graded type of permanent filter medium. FILTER SEPTUM. That part of the filter element in a diatomite type filter upon which a cake of diatomite or other non - permanent filter aid may be deposited. FILTER WASTE DISCHARGE PIPING. Piping that conducts waste water from a filter to a drainage system. Connection to drainage system is made through an air gap or other approved methods. FRESH WATER. Those waters having a specific con- ductivity less than a solution containing 6000 ppm of sodium chloride. 424 HIGH RATE SAND FILTER. A sand filter designed for flows in excess of 5 gpm per sq ft. HOT TUB. (See Swimming Pool.) INGROUND POOL. (See Swimming Pool.) INLET FITTING. Fitting or fixture through which circulated water enters the pool. MAIN OUTLET. Outlet at the deep portion of the pool through which the main flow of water leaves the pool w�en being drained or circulated. POOL. (See Swimming Pool.) POOL DEPTHS. The distance between the floor of pool and the maximum operating water level. POOL PLUMBING. All chemical, circulation, filter waste discharge piping, deck drainage and water filling system. PORTABLE POOL. A prefabricated pool which may be erected at the point of intended use and which may be subsequently disassembled and re- erected at a new location. Generally installed on the surface of the ground and without excavation. PRECOAT. In a diatomite -type filter, the initial coat- ing or filter aid placed on the filter septum at the start of the filter cycle. RAPID SAND FILTER. A filter designed to be used with sand as the filter medium and for flows not to exceed 5 gpm per sq ft. RECEPTOR. An approved plumbing fixture or device of such material, shape and capacity as to adequately receive the discharge from indirect waste piping, so constructed and located as to be readily cleaned. RETURN PIPING. That portion of the circulation piping which extends from the outlet side of the filters to the pool. SALINE WATER. Those waters having a specific conductivity in excess of a solution containing 6000 ppm of sodium chloride. SEPARATION TANK. A device used to clarify filter rinse or waste water. Sometimes called a reclamation tank. FLORIDA BUILDING CODE — BUILDING 4.147 424 SKIM FILTER. A surface skimmer combined with a vacuum diatomite filter. SPA, NONPORTABLE. (See Swimming Pool.) SPA, PORTABLE. Non - permanent structure intended for recreational bathing, in which all controls, water heating and water circulating equipment are an integral part of the product and which is cord - connected (not permanently electrically wired). SUCTION PIPING. That portion of the circulation pip- ing located between the pool structure and the inlet side of the pump and usually includes main outlet piping, skimmer piping, vacuum piping and surge tank piping. SURFACE SKIMMER. A device generally located in the pool wall which skims the pool surface by drawing pool water over a self adjusting weir. SWIMMING POOL. Any structure intended for swim- ming or recreational bathing that contains water over 24 inches deep. This includes inground, aboveground, and onground swimming pools, hot tubs, and spas. SWIMMING POOL, INDOOR. A swimming pool which is totally contained within a structure and sur- rounded on all four (4) sides by walls of said structure. SWIMMING POOL, OUTDOOR. Any swimming pool which is not an indoor pool. PUBLIC SWIMMING POOL or PUBLIC POOL. A watertight structure of concrete, masonry, fiberglass, stainless steel or plastic which is located either indoors or outdoors, used for bathing or swimming by humans, and filled with a filtered and disinfected water supply, together with buildings, appurtenances and equipment used in connection therewith. A public swimming pool or public pool shall mean a conventional pool, spa -type pool, wading pool, special purpose pool or water recre- ation attraction, to which admission may be gained with or without payment of a fee and includes, pools operated by or serving camps, churches, cities, coun- ties, day care centers, group home facilities for 8 or more clients, health spas, institutions, parks, state agen- cies, schools, subdivisions; or the cooperative living - type projects of 5 or more living units, such as apart- ments, boarding houses, hotels, mobile home parks, motels, recreational vehicle parks and townhouses. SWIMMING POOL, RESIDENTIAL. That which is intended for noncommercial use. TURNOVER TIME. The time in hours required for the circulation system to filter and recirculate a volume of water equal to the pool volume. VACUUM FITTING. A fitting in the pool which is used as a convenient outlet for connecting the under- water suction cleaning equipment. VACUUM PIPING. The piping from the suction side of a pump connected to a vacuum fitting located at the pool and below the water level. WASTE PIWING. See Filter Waste Discharge Piping. WIDTH AND /OR LENGTH. Actual water dimen- sion taken from wall to wall at the maximum operating water level. 424.2.3 Mechanical Requirements. Unless otherwise specified in this code, all piping, equipment and materi- als used in the plumbing system of swimming pools that are built in place shall conform to the Florida Building Code, Plumbing. 424.2.4 Approvals 424.2.4.1 Compliance. All materials, piping, valves, equipment or appliances entering into the construction of swimming pools or portions thereof shall be of a type complying with this code or of a type recom- mended and approved by a nationally recognized test- ing agency or conforming to other recognized stan- dards acceptable to the administrative authority. 424.2.4.2 Items not covered. For any items not specif- ically covered in these requirements, the administrative authority is hereby authorized to require that all equip- ment, materials, methods of construction and design features shall be proven to function adequately, effec- tively and without excessive maintenance and opera- tional difficulties. 424.2.4.3 Applicant responsibility. It shall be the responsibility of the applicant to provide such data, tests or other adequate proof that the device, material or product will satisfactorily perform the function for which it is intended, before such item shall be approved or accepted for tests. 424.2.5 Alternate Materials and Methods of Construction 424.2.5.1 Approval and authorization. The provi- sions of this code are not intended to prevent the use of any alternate material, method of construction, appli- ance or equipment, provided any such alternate has 4.148 FLORIDA BUILDING CODE - BUILDING �,, been first approved and its use authorized by the administrative authority. 424.2.5.2 Required tests. When there is insufficient evidence to substantiate claims for alternates, the administrative authority may require tests, as proof of compliance, to be made by an approved agency at the expense of the applicant. 424.2.6 Engineering Design. 424.2.6.1 Conformance standard. Design, construction and workmanship shall be in conformity with ANSI/NSPI- 4 1992, "Standard for Aboveground/Onground Residential Swimming Pools; and NSPI -5," Standard for Residential Swimming Pools; published by the National Spa and Pool Institute, or other accepted engineering practices. 424.2.6.2 Required equipment. Every swimming pool shall be equipped complete with approved mechanical equipment consisting of filter, pump, piping valves and component parts. Exception: Pools with a supply of fresh water equivalent to the volume of the pool in the specified turnover time will be allowed. 424.2.6.3 Water velocity. Pool piping shall be designed so the water velocity will not exceed 10 ft/s, except that the water velocity shall not exceed 8 ft/s in copper tubing. Exception: Jet inlet fittings shall not be deemed subject to this requirement. 424.2.6.4 Piping to heater. Water flow through the heater, any bypass plumbing installed, any back- siphon- ing protection, and the use of heat sinks shall be done in accordance with the manufacturer's recommendations. 424.2.6.5 Piping installation. All piping materials shall be installed in strict accordance with the manu- facturer's installation standards. 424.2.6.6 Entrapment Protection for Suction Inlets. 424.2.6.6.1 Location. Suction inlets shall be pro- vided and arranged to produce circulation through- out the pool or spa. 424.2.6.6.2 Testing and Certification. All pool and spa suction inlets shall be provided with a cover that has been tested and accepted by a recognized testing facility and comply with ANSI /ASME A112.19.8M, "Suction Fittings for Use in Swimming Pools, Spas, Hot Tubs, and Whirlpool Bathtub Appliances" FLORIDA BUILDING CODE - BUILDING 424.2.5.2 — 424.2.7.3 Exception: Surface skimmers. IMPORTANT SAFETY NOTE: Do not use or operate pool or spa if the suction inlet fitting is missing, broken, or loose. 424.2.6.6.3 Entrapment Avoidance. If the suction. inlet system, such as an automatic cleaning system, is a vacuum cleaner system which has a single suc- tion inlet, or multiple suction inlets which can be isolated by valves, then each suction inlet shall pro- tect against user entrapment by either an approved antivortex cover, 12"x12" grate or larger, or other approved means. In addition, all pools and spas shall be required to have a backup system which shall provide vacuum relief should grate covers be missing. Alternative vacuum relief devices shall include either: 1. Approved Vacuum Release system 2. Approved Vent piping 3. Other approved devices or means 424.2.6.6.4 Suction Inlets Per Pump. A minimum of two suction inlets shall be provided for each pump in the suction inlet system, separated by a minimum of 3 feet or located on two different planes; i.e., one on the bottom and one on the verti- cal wall, or one each on two separate vertical walls. These suction inlets shall be plumbed such that water is drawn through them simultaneously through a common line to the pump. 424.2.6.6.5 Cleaner Fittings. Where provided, the vacuum or pressure cleaner fitting(s) shall be locat- ed in an accessible position(s) at least 6 inches and not greater than 12 inches below the minimum oper- ating water level or as an attachment to the skim - mer(s). 424.2.7 Pumps 424.2.7.1 Strainer. Pool circulating pumps shall be equipped on the inlet side with an approved type hair and lint strainer when used with a pressure filter. 424.2.7.2 Mounting. Pumps shall be mounted on a substantial base in a manner that will eliminate strain on piping. 424.2.7.3 Capacity. Pumps shall have design capacity at the following heads. I. Pressure Diatomaceous Earth - -At least 60 ft. 2. Vacuum Diatomaceous Earth -30 inch vacuum on the suction side and 40 ft total head. 4.149 424.2.7.4 — 424.2.14.2 3. Rapid Sand —At least 45 ft. 4. High Rate Sand —At least 60 ft. 424.2.7.4 Materials. Pump impellers, shafts, wear rings and other working parts shall be of corrosion - resistant materials. 424.2.8 Valves. 424.2.8.1 General. Valves shall be made of materials that are approved in the Florida Building Code, Plumbing. Valves located under concrete slabs shall be set in a pit having a least dimension of five pipe diameters with a minimum of at least 10 inches and fitted with a suitable cover. All valves shall be located where they will be read- ily accessible for maintenance and removal. 424.2.8.2 Full -Way (gate) valves. Full -way valves shall be installed to insure proper functioning of the fil- tration and piping system. When the pump is located below the overflow rim of the pool, a valve shall be installed on the discharge outlet and the suction line. 424.2.8.3 Check valves. Where check valves are installed they shall be of the swing or vertical check patterns. 424.2.8.4 Combination valves. Combination valves shall require approval of the administrative authority prior to their installation. 424.2.9 Water supply. Unless an approved type of filling system is installed, any water supply which in the judg- ment of the administrative authority may be used to fill the pool, shall be equipped with backflow protection. No over the rim fill spout shall be accepted unless located under a diving board, or properly guarded. 424.2.10 Waste water disposal. 424.2.10.1 Connection limitations. Direct or indirect connections shall not be made between any storm drain, sewer, drainage system, seepage pit underground leaching pit, or sub -soil drainage line, and any line con- nected to a swimming pool unless approved by the administrative authority. 424.2.10.2 Disposal through public sewer. When the waste water from a swimming pool is to be disposed of through a public sewer, a 3 inch P -trap shall be installed on the lower terminus of the building drain and the tall piece from the trap shall extend a minimum of 3 inches above finished grade and below finished floor grade. This trap need not be vented. The connec- tion between the filter waste discharge piping and the P -trap shall be made by means of an indirect connec- tion. 424.2.10.3 Deviations. Plans and specifications for any deviation from the above manner of installation shall first be approved by the administrative authority before any portion of any such system is installed. When waste water disposal is to seepage pit installation, it shall be installed in accordance with the approval granted by the administrative authority. 424.2.11 Separation tank. A separation tank of an approved type may be used in lieu of the aforementioned means of waste water disposal when connected as a recla- mation system. 424.2.12 Tests 424.2.12.1 Pressure test. All pool piping shall be inspected and approved before being covered or con- cealed. It shall be tested and proved tight to the satis- faction of the administrative authority, under a static water or air pressure test of not less than 35 psi for 15 minutes. Exception: Circulating pumps need not be tested as required in this section. 424.2.12.2 Drain and waste piping. All drain and waste piping shall be tested by filling with water to the point of overflow and all joints shall be tight. 424.2.13 Drain Piping 424.2.13.1 Slope to discharge. Drain piping serving gravity overflow gutter drains and deck drains shall be installed to provide continuous grade to point of dis- charge. 424.2.13.2 Joints and connections. Joints and connec- tions shall be made as required by the Florida Building Code, Plumbing. 424.2.14 Water Heating Equipment 424.2.14.1 Labels. Swimming pool water heating equipment shall conform to the design, construction and installation requirements in accordance with accepted engineering practices and shall bear the label of a recognized testing agency, and shall include a con- sideration of combustion air, venting and gas supply requirements for water heaters. 424.2.14.2 Water retention. If a heater is not equipped or designed for an approved permanent by- pass or anti - siphon device, an approved permanent by- pass or anti - siphon device shall be installed to provide a positive means of retaining water in the heater when the pump is not in operation. 4.150 FLORIDA BUILDING CODE — BUILDING 424.2.14.3 Pit Drainage. When the heater is installed in a pit, the pit shall be provided with approved drainage facilities. 424.2.14.4 Connections. All water heating equipment shall be installed with flanges or union connection adjacent to the heater. 424.2.14.5 Relief valve. When water heating equip- ment which is installed in a closed system has a valve between the appliance and the pool, a pressure relief valve shall be installed on the discharge side of the water heating equipment. For units up to and including 200,000 Btu/hour input, the relief valve shall be rated by the American Gas Association. 424.2.15 Gas Piping.Gas piping shall comply with the Florida Building Code, Fuel Gas. 424.2:16 Electrical. Electrical wiring and equipment shall comply with the National Electrical Code ®. 424.2.17 Residential Swimming Pool Enclosure. Residential swimming pools shall comply with 424.2.17.1 through 424.2.17.3. Exception: A swimming pool with a power safety cover, or a spa with a safety cover complying with ASTM F 1346 -91. 424.2.17.1 Outdoor Swimming Pools. Outdoor swim- ming pools shall be provided with a barrier complying with 424.2.17.1.1 through 424.2.17.1.10. 424.2.17.1.1 The top of the barrier shall be at least 48 inches above grade measured on the side of the barrier which faces away from the swimming pool. Ttte max- imum vertical clearance between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier which faces away from the swimming pool: Where the top of the pool structure is above grade the barrier may be at ground level or mounted or top of the pool structure. Where the barrier is mounted on top of the pool structure, the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. 424.2.17.1.2 Openings in the barrier shall not allow passage of a 4 -inch diameter sphere. 424.2.17.1.3 Solid barriers which do not have open- ings shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints. 424.2.14.3 — 424.2.17.1.9 424.2.17.1.4 Where the barrier is composed of hor- izontal and vertical members and the distance between the tops of the horizontal members is less than 45 inches, the horizontal members shall be located on the swimming pool side of the fence. Spacing between vertical members shall not exceed 13/4 inches in width. Where there are decorative cutouts within vertical members, spacing within the cutouts shall not exceed 13/4 inches in width. 424.2.17.1.5 Where the barrier is composed of hor- izontal and vertical members and the distance between the tops of the horizontal members is 45 inches or more, spacing between vertical members shall not exceed 4 inches. Where there are decora- tive cutouts within vertical members, spacing with- in the cutouts shall not exceed 13/4 inches in width. 424.2.17.1.6 Maximum mesh size for chain link fences shall be a 21/4 inch square unless the fence is provided with slats fastened at the top or bottom which reduce the openings to no more than 13/4 inches. 424.2.17.1.7 Where the barrier is composed of diag- onal members, the maximum opening formed by the diagonal members shall be no more than 13/4 inches. 424.2.17.1.8 Access gates shall comply with the requirements of 424.2.17.1.1 through 424.2.17.1.7 and shall be equipped to accommodate a locking device. Pedestrian access gates shall open outward away from the pool and shall be self - closing and have a self - latching device. Gates other than pedes- trian access gates shall have a self - latching device. Where the release mechanism of the self - latching device is located less than 54 inches from the bot- tom of the gate, the release mechanism shall be located on the pool side of the gate at least 3 inches below the top of the gate, and the gate and barrier shall have no opening greater than 1/2 inch within 18 inches of the release mechanism. 424.2.17.1.9 Where a wall of a dwelling serves as part of the barrier, one of the following shall apply: 1. All doors with direct access to the pool through that wall shall be equipped with an alarm which produces an audible warning when the door and its screen are opened. The alarm shall sound continuously for a mini- mum of 30 seconds immediately after the door is opened and be capable of being heard throughout the house during normal house- hold activities. The alarm shall automatically reset under all conditions. The alarm shall be equipped with a manual means to temporarily FLORIDA BUILDING CODE — BUILDING 4.151 424.2.17.1.10 — 424.2.21.4 deactivate the alarm for a single opening. Such deactivation shall last no more than 15 seconds. The deactivation switch shall be located at least 54 inches above the threshold of the door. Other means of protection, such as self -clos- ing doors with self - latching devices or doors with positive mechanical latching locking devices installed a minimum 54 inches above the threshold, which are approved by the administrative authority, shall be accepted. 424.2.17.1.10 Where an aboveground pool structure is used as a barrier or where the barrier is mounted on top of the pool structure, and the means of access is a ladder or steps, the ladder or steps either shall be capable of being secured, locked or removed to pre- vent access, or the ladder or steps shall be surround- ed by a barrier which meets the requirements of 424.2.17. 1.1 through 424.2.17.1.9. When the ladder or steps are secured, locked or removed, any open- ing created shall not allow the passage of a 4 inch diameter sphere. 424.2.17.2 Indoor swimming pools. All walls sur- rounding indoor swimming pools shall comply with 424.2.17.1.9. 424.2.17.3 Prohibited locations. Barriers shall be located so as to prohibit permanent structures, equip- ment or similar objects from being used to climb the barriers. 424.2.18 Ladders and Steps. All pools whether public or private shall be provided with a ladder or steps in the shal- low end where water depth exceeds 24 inches. In private pools where water depth exceeds 5 ft, there shall be ladders, stairs or underwater benches /swimouts in the deep end. Where manufactured diving equipment is to be used, benches or swimouts shall be recessed or located in a corner. 424.2.19 Final Inspection. All swimming pool installa- tions must be completed. The pool shall be completely filled with water and in operation before final inspection. 424.2.20 Filters. The entire design of matched compo- nents shall have sufficient capacity to provide a complete turnover of pool water in 12 hours or less. 424.2.20.1 Sand Filters. 424.2.20.1.1 Approved types. Rapid sand filters (flow up to 5 gpm/sq ft) shall be constructed in accordance with approved standards. Where high rate sand filters (flow in excess of 5 gpm /sq ft) are used, they shall be of an approved type. The circu- lation system and backwash piping shall be ade- quate for proper backwashing of said filter and shall provide backwash flow rates of at least 12 gpm/sq ft for rapid sand filters or 15 gpm/sq ft for high rate sand filters. 424.2.20.1.2 Instructions. Every filter system shall be provided with written operating instructions. 424.2.20.1.3 Filter system equipment. On pressure type filters, a means shall be provided to permit the release of internal pressure. A filter incorporating an automattic internal air release as its principal means of air release shall have lids which provide a slow and safe release of pressure as part of its design. A separation tank used in conjunction with a filter tank shall have as part of its design a manual means of air release or a lid which provides a slow and safe release of pressure as it is opened. 424.2.20.2 Diatomite Type Filters 424.2.20.2.1 Design. Diatomite -type filters shall be designed for operation under either pressure or vac- uum. The design capacity for both pressure and vac- uum filters shall not exceed 2 gpm/sq ft of effective filter area. 424.2.20.2.2 Filter aid. Provision shall be made to introduce filter aid into the filter in such a way as to evenly precoat the filter septum. 424.2.21 Pool Fittings 424.2.21.1 Approved type. Pool fittings shall be of an approved type and design as to be appropriate for the specific application. 424.2.21.2 Skimmers. Approved surface skimmers are required and shall be installed in strict accordance with the manufacturer's installation instructions. Skimmers shall be installed on the basis of one per 1000 sq ft of surface area or fraction thereof, and shall be designed for a flow rate of at least 25 gpm per skimmer. 424.2.21.3 Main outlet. An approved main outlet shall be provided at the deepest point in every pool for emp- tying or circulation, or both, of the water in the pool. 424.2.21.4 Hydrostatic relief device. In areas of antic- ipated water table an approved hydrostatic relief device shall be installed. Exception: Plastic liner pools (where there is no structural bottom to the pool). 4.152 FLORIDA BUILDING CODE - BUILDING 424.2.21.5 Inlet fittings. Approved manufactured inlet fittings for the return of recirculated pool water shall be provided on the basis of at least one per 15,000 gal of pool capacity. Such inlet fittings shall be designed and constructed to insure an adequate seal to the pool struc- ture and shall incorporate a convenient means of seal- ing for pressure testing of the pool circulation piping. Where more than one inlet is required, the shortest dis- tance between any two required inlets shall be at least 10 ft. 424.2.22 Equipment Foundations And Enclosures. All mechanical equipment shall be set on a single concrete base or slab. All heating and electrical equipment, unless approved for outdoor installation, shall be adequately pro- tected against the weather or installed within a building. 424.2.23 Accessibility and Clearances. Equipment shall be so installed as to provide ready accessibility for clean- ing, operating, maintenance and servicing. SECTION 425 PUBLIC LODGING ESTABLISHMENTS Public lodging establishments shall comply with the follow- ing design and construction standards as described in Chapter 61C -1 and Chapter 61C -3 Florida Administrative Code. 61C -1.001 Definitions. (1) Division —The Division of Hotels and Restaurants of the Department of Business and Professional Regulation. . (17) Hot water —Hot water means a water temperature of 110 °F or above. (22) Potable water —Water satisfactory for drinking, culi- nary, and domestic purposes meeting quality standards of sections 62 -550 and 62 -555, FAC. (25) Railway— Either a railing, a guardrail system or build- ing components located near the open sides of elevat- ed walking surfaces. (27)Sewage —Any liquid waste containing animal, miner- al, or vegetable matter in suspension or solution, and may include liquids containing chemicals in solution. Included in this definition is liquid waste from sinks, toilet facilities, grinders, garbage containers, dish- washing machines, floor drains, floor washing, or handwashing facilities. (29) Stairway —One or more flights of stairs or steps, either interior or exterior, and the landings, platforms, or other supporting structures necessary to connect sepa- rate levels in order to form a continuous passage from one level to another in a building structure. 424.2.21.5 — 425 Specific 509.032(6) FS. Law Implemented 509.032 FS. History— Amended 9- 20 -63, 3- 21 -64, 1 -7 -70, Revised 2 -4- 71, Amended 10- 18 -71, 11- 17 -73, 12- 18 -74, 12 -5 -82, Formerly 7C -1.01, Amended 9- 10 -89, 12- 31 -90, 2- 27 -92, 11 -4 -92, Formerly 7C- 1.001, Amended 3- 31 -94, 10 -9 -95, 9- 25-96, 1 -1 -98. 61C -1.004 General Sanitation and Safety Requirements. The following general requirements and standards shall be met by all public lodging and public food service establish- ments: (1) Water, plumbing and waste — Except as specifically pro- vided in these rules, standards for water, plumbing and waste shall be governed by Chapter 5, Food Code, here- in adopted by reference. For the purposes of this section, the term "food establishment" as referenced in the Food Code shall apply to all public lodging and public food establishments as defined in Chapter 509, FS. (a) The water supply shall meet the standards provid- ed in Chapters 64E -8, 62 -550 and 62 -555, FAC, herein adopted by reference, where applicable. (d) Sewage shall be disposed of in a public sewerage system or other approved sewerage system in accordance with the provisions of Chapter 64E -6 or 62 -601, FAC, herein adopted by reference, whichever is applicable. Grease interceptors shall be designed and installed in accordance with provisions of Chapter 64E -6, FAC, herein adopted by reference, or the plumbing authority having jurisdiction. (2) Public bathrooms. (a) Each public lodging and food service establish- ment shall be provided with adequate and conve- niently located bathroom facilities for its employees and guests in accordance with provi- sions of these rules and the plumbing authority having jurisdiction. Public access to toilet facili- ties shall not be permitted through food prepara- tion, storage, or warewashing areas. Bathroom fixtures shall be of readily cleanable sanitary design. Bathroom facilities shall be kept clean. in good repair and free from objectionable odors. Bathrooms shall provide at least 20 footcandles of light. The walls, ceilings and floors of all bath- rooms shall be kept in good condition. (b) Public bathrooms shall be completely enclosed and shall have tight - fitting, self closing doors or, in public lodging establishments or bathrooms located outside a public food service establish- ment, have entrances and exits constructed in such a manner as to ensure privacy of occupants. Such doors shall not be left open except during cleaning or maintenance. FLORIDA BUILDING CODE - BUILDING 4.153 425 (d) For the purposes of this section, the term toilet shall mean a flush toilet property plumbed, con- nected and discharging to an approved sewage disposal system. In a bathroom where more than one toilet is provided, each toilet shall be sepa- rated by a partition from adjoining fixtures and a door shall be provided which will partially con- ceal the occupant from outside view. (e) Resort condominiums, nontransient establish - ments and resort dwellings are exempt from the provisions of this section. (3) Vermin control — Effective control measures shall be taken to protect against the entrance into the establishment, and the breeding or presence on the premises of rodents, flies, roaches and other vermin. All buildings shall be effective - ly rodent - proofed, free of rodents and maintained in a rodent -proof and rodent -free condition. All windows used for ventilation must be screened, except when effective means of vermin control are used. Screening material shall not be less than 16 mesh to the inch or equivalent, tightfit- ting and free of breaks. Insecticides or rodenticides, when used, shall be used in compliance with Chapter 5E -14, FAC, herein adopted by reference. (5) All fire safety, protection and prevention equipment must be installed, approved, maintained and used in accordance with Chapter 509, FS, and the National Fire Protection Association Life Safety Code Chapter 101, as adopted by the Division of State Fire Marshal in Chapter 4A -3, FAC. (6) All building structural components, attachments and fixtures shall be kept in good repair, clean and free of obstructions. (7) Attics, basements, boiler rooms, meter rooms, laundry rooms, and storage rooms shall be kept clean and free of debris and flammables. (e) Specialized Smoke Detectors — Specialized smoke detectors for the deaf and hearing - impaired shall be made available upon request by guests in transient public lodging establishments without charge. Failure of the operator to inform any employee charged with registering guests of the location of such detector constitutes failure to make such detectors available. (10) Means of access must permit unobstructed travel at all times and be maintained free of obstructions and fire hazards. Halls, entrances and stairways shall be clean, ventilated and well - lighted day and night. Hall and stair runners shall be kept in good condition. Handrails shall be installed on all stairways and guard rails around all porches and steps. Adequate means of exit shall be provided pursuant to NFPA 101. Exits shall be clearly marked with approved illuminated exit signs. (I ()Electrical wiring —To prevent fire or injury, defective electrical wiring shall be replaced and wiring shall be kept in good repair. No extension cords shall be used except during cleaning, maintenance and other tempo- rary activities. Only a wall switch or approved pull cord shall be permitted in bathrooms. In accordance with the provisions of NFPA 70, the National Electrical Code (D, as adopted by the Division of State Fire Marshal in Chapter 4A -3, FAC, Uniform Fire Safety Rules and Standards, sufficient electrical out- lets shall be provided. (12)Heating and ventilation —The heating and ventilation system shall be kept in good repair or be installed to maintain a minimum of sixty eight (68) degrees Fahrenheit throughout the building. The insurance inspector's boiler report is required annually for power boilers and high pressure /high temperature boilers and biannually for low pressure steam or vapor heating boilers and shall be posted in the boiler room. The pro- visions of this section do not apply to the common areas of resort condominiums. (13)Gas appliances —All appliances, including water heaters using gas, shall be kept in good repair and properly vented when manufacturers' instructions require venting of the appliance and shall.meet the fol- lowing requirements: (a) All appliances shall have a nationally recognized testing laboratory seal such as AGA or UL seal. (b) Heating appliances shall be properly sized in BTU input for room air space. Proper sizing of heating appliances shall be determined in accor- dance with the provisions of NFPA 54, the National Fuel Gas Code, as adopted by the Division of State Fire Marshal in Chapters 4A -43 and 4A -55, FAC, for public lodging establish- ments and public food service establishments, respectively. Specific 509.032(2)(d), 509.032(3), 509.032(6) FS. Law Implemented 509.032(2)(d), (3)(a), (b), (c), 509.215, 509.221 FS. History -- Amended 2- 20 -64, 7- 14 -67, 2 -8 -69, Revised 2 -4- 71, Amended 2- 17 -73, Repromulgated 12- 18 -74, Amended 9- 19 -84, Formerly 7C -1.04, Amended 12- 31 -90, 2- 11 -92, 2- 27-92, 6- 15 -92, Formerly 7C- 1.004, Amended 3- 31 -94, 10- 9-95, 9- 25 -96, 5- 11 -98, 7 -2 -98. 61C- 3.001 Sanitation and Safety Requirements. (1) Guest Bathrooms. (a) Connecting bathrooms shall provide toilets with open -front seats. Guest and private bathrooms 4.154 FLORIDA BUILDING CODE - BUILDING CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 SUBJECT /AGENDA ITEM PUD -01 -01 —Alta Pines (Parcel 4.07b) First Reading of Ordinance 46, 2001: Cotleur & Hearing, agent for Wood Partners, is requesting a Planned Unit Development (PUD) approval to construct a 264 multi - family dwelling unit community with an overall density of 10.7 dwelling units per acre. The 24.68 -acre site is located approximately Y2 mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail. (36 -41 S -42E) RECOMMENDATION Staff recommends approval of Ordinance 46, 2001, with conditions. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Action: Principal Planner Management: Costs: ( ] Approved $ [ ] App. w/ conditions City Attorney r'� Project Total [ ] Denied �_� Manager [ ] Rec. approval Finance NX Kara Irwin $ [X] Rec. app. w/ conds. Human Res. NA Current FY [ ]Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: *Table 1 Manage l�l Directo Paper: [ ]Operating • Table 2 [X] Other NA • Ordinance 46, 2001 Charles K. Wu, AICP Required [X ] Not Re q •Site Plans • Landscape Plans Approved b pp y� City Manager /% Budget Acct. #: •Elevations [ ] None Affected parties: [ ] Notified NA [X ] Not Required City Council Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 PCD -01 -01 BACKGROUND The subject site is a vacant parcel of unimproved land that had been used for agricultural purposes. To the north of the site is Dwyer High School, with a zoning of Public /Institutional (P /1). To the south is DiVosta parcel 4.07a, with a zoning designation of PDA and a future land use designation of Residential High (RH); west of the site is the approved Benjamin High School site, with a zoning of Public /Institutional (P /1); east of the subject site is the proposed Evergrene Planned Community Development (PCD). The subject site is separated from DiVosta Parcel 4.07a by an east -west right -of -way connecting Military Trail to Central Boulevard that is part of Conceptual Thoroughfare Plan (Map O) identified in the City's Comprehensive Plan. The development will be accessed from the thoroughfare roadway, which shall be constructed prior to the first issuance of a Certificate of Occupancy. The east -west roadway shall intersect with Military Trail at the proposed entrance to the Evergrene PCD, currently under review. DiVosta & Company owns the property but is under contract to sell the subject site to the applicant, who is proposing to develop the site as a PUD with a residential high underlying zoning containing 264 multi - family units. The applicant proposes a total of ten (10) two -story and three -story apartment buildings and shall include one, two and three bedrooms with a garage option. As an amenity to the development, a central recreation facility will include a community swimming pool, a cabana building with a covered seating pavilion and beverage counter, volleyball court, and a putting green. 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 listed as Recreation Open Space (ROS) on the Vision Plan. The applicant wishes to rezone the site to Residential — High Density (RH), with a Planned Unit Development Overlay District (PUD). 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, solid waste, sewer and water. The traffic concurrency is contingent upon several conditions that will be incorporated into the approving ordinance. The applicant has not received drainage concurrency. The property is proposed to drain through the adjacent parcel to the south (4.07a), but the adjacent parcel has not developed a site plan so that a drainage easement may be created. DiVosta currently owns both parcels and the sale of the land to the applicant will commence upon Development Order approval. Staff has recommended a condition of approval to the Development Order that the applicant provide all the necessary instruments, information and legal documentation to satisfy the Legal 2 City Council Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 PCD -01-01 Positive Outfall requirements of the City within 45 days of the effective date of the approving Ordinance and prior to the issuance of the first building permit. PROJECT DETAILS Buildinq Site The entire site has been used as a cattle pasture area without being improved. Cattle trails are present as well as overgrown vehicular paths. The applicant has 22.11 acres of upland habitat composed of woodland pasture and unimproved pasture. Per the code requirement of Section 78 -250, which requires a 25% upland preservation set aside, the applicant is proposing to set aside 5.53 acres of the total site for the 25% upland preservation on -site and 1.35 acres for wetland preservation. The applicant has provided for off -site mitigation for the remaining wetlands present on the site. Site Access Access to the site is available from the proposed east -west thoroughfare, which is contiguous with the southern boundary of the development. DiVosta is proposing to grant the City a roadway easement for the 80' thoroughfare right -of -way and a drainage easement related to the roadway improvements. DiVosta proposes to build the roadway and subsequently dedicate the roadway to the City on the plat. Siqnaqe The applicant is proposing one entry sign to be located in the median of the entranceway. The six foot high by ten foot wide (6' H X 10' W) ground sign will have a stucco finish to match the building architecture. The code allows a maximum of one sign face for a residential development entry feature; therefore, the applicant must request a waiver to allow for two sign faces. The sign will be illuminated by a ground- mounted fixture on a photocell, per the requirements of the Land Development Regulations (LDR). In addition to the entry signage, the applicant is proposing three directory signs. The directory signs consist of 13.5 square feet each and are located at the entry points to the apartment units. Landscapinq/Buffering The applicant is proposing landscape buffers in excess of what is required by Land Development Regulations. The buffers adjacent to Military Trail (eastern boundary) and Central Boulevard (western boundary) are 100 feet in width and incorporate landscape buffers and preserve areas. The northern and southern property boundary buffers are a minimum of 50 feet in width and incorporate landscape buffers and preserve areas. Phasing The proposed project will be built in one phase. Drainaqe The subject site lies within Unit 2 of Northern Palm Beach County Improvement District ( NPBCID). 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). 3 City Council Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 PCD -01 -01 Site stormwater runoff will be collected by a series of drainage inlets located throughout the site and discharged to a proposed 1.5 -acre lake. The allowable outfall volumes will discharge via a control structure and discharge pipe to a drainage ditch running through the DiVosta parcel (4.07a) to the south with eventual discharge to NPBCID Canal E.P.B. 3 -B. A condition of approval requires the applicant to provide a recorded agreement allowing for discharge stormwater to pass through the DiVosta parcel (4.07a) within 45 days from the effective date of the development order. This will be incorporated into the DiVosta site plan and plat for parcel 4.07a. Waivers Code Section Required Provided Waiver Recommendation Section 78- 250(a)(3)(a) Minimum Dimension and Total Area of Minimum 100' Minimum 52' 48' Support Preservation Areas width width Section 78 -289 (2) Residential Maximum 4 10 square Identification Sin square feet 14 square feet feet Support Section 78 -285 Signs for Maximum one Residential Development 1 sign face 2 1 Support The applicant's justification is adequate for the Planning & Zoning staff to analyze and support the requested waivers. 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. PLANNING & ZONING COMMISSION On November 27, 2001, the Planning & Zoning Commission recommended approval of staff's conditions and the applicant's waiver requests. 4 City Council Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 PCD -01-01 -� .. TABLE 2 fo EXISTING ZONING AND LAND =USE DESIGNATIONS t , EXISTING USE ZONING LAND USE Subject Property Planned Development Area Residential — High Density (RH) Vacant/Undeveloped (PDA) North Maximum Residential Density 10.70 d.u. /acre Dwyer High School Public / Institutional (13/1) Public (P) South Minimum PUD development 24.68 acres Vacant/Undeveloped Planned Development Area Residential — High Density (RH) Parcel 4.07a PDA One property owner West Public / Institutional (P /1) Residential — Low Density (RL) Vacant /Undeveloped Community Serving Open 29.78% Benjamin High School Space: Minimum of 20% East Upland Native Plant Community 25% (5.35 acres) Vacant/Undeveloped Planned Development Area Residential — Medium Density Evergrene Planned Community (PDA) (RM) Development (PCD) -� .. TABLE 2 ; 3 CONSISTENCY WITH TMECODE Code Requirement Proposed Plan Consistent? Site = Residential — High Residential — High Density (RH) Yes Density RH Maximum Residential Density 10.70 d.u. /acre Yes RH : 12 d.u. /acre Minimum PUD development 24.68 acres Yes size: None Unified Control: One property owner Yes One property owner Community Serving Open 29.78% Yes Space: Minimum of 20% Upland Native Plant Community 25% (5.35 acres) Yes Preservation: Minimum of 25% identified Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 ORDINANCE 46, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM WP SOUTH DEVELOPMENT COMPANY, L.L.C. DBA WOOD PARTNERS, AS AGENT FOR DIVOSTA AND COMPANY, FOR A RE- ZONING OF A 24.68 ACRE PARCEL OF LAND FROM PDA PLANNED DEVELOPMENT AREA TO RH RESIDENTIAL HIGH WITH A PLANNED UNIT DEVELOPMENT OVERLAY ZONING DISTRICT (PUD), TO BE KNOWN AS "ALTA PINES," BY APPROVING THE CONSTRUCTION OF 264 MULTI - FAMILY UNITS AND ACCESSORY USES, LOCATED APPROXIMATELY '/z MILE NORTH OF THE INTERSECTION OF MILITARY TRAIL AND HOOD ROAD, ON THE WEST SIDE OF MILITARY TRAIL, 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- 01 -01) from WP South Development Company, L.L.C. dba Wood Partners, as agent for DiVosta & Company, for approval of a planned unit development (PUD) located approximately % mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, in order to construct 264 multi- family units, a 3,236 square -foot leasing center, a 1,408 square -foot cabana with swimming pool, and five six -car garage buildings on the 24.68 -acre site, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the subject parcel is presently zoned as Planned Development Area (PDA) with a land use designation of Residential High (RH); WHEREAS, the City's 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, on November 27, 2001, the City's Planning and Zoning Commission recommended approval of Alta Pines with conditions. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the application from WP South Development Company, L.L.C. dba Wood Partners, as agent for DiVosta & Company, for a re- zoning of a 24.68 acre parcel of land from PDA Planned Development Area to RH Residential High with a Planned Unit Development Overlay Zoning District (PUD), to be known as "Alta Pines ", and allowing construction of 264 multi - family units and accessory structures located approximately Y2 mile north of the intersection of Military Trail Ordinance 46, 2001 Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 and Hood Road, on the west side of Military Trail, more particularly described in Exhibit "A" attached hereto. SECTION 2. The following waivers are hereby granted with this approval: 1. Section 78- 250(a)(3)(a), Minimum Dimension and Total Area of Preservation Areas, to allow for a minimum 52 -foot width. The Land Development Regulations require a minimum of 100 feet in width. 2. Section 78- 289(2), Residential Identification Sign, to allow for a fourteen (14) square foot building identification sign. The Land Development Regulations allow a maximum of four square feet in area. 3. Section 78 -285, Permitted Signs for Residential Development, to allow an entry sign with two sign faces. The Land Development Regulations allow a maximum of one (1) sign face per development. SECTION 3. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors and /or assigns: Surface Water Manaqement 1. No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 2 has received final approval from the City of Palm Beach Gardens and all other applicable governments and /or agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improvements. (City Engineer) 2. Prior to issuance of the first building permit, the applicant shall provide a letter of authorization from the appropriate utility owners allowing the applicant to pave, landscape and place stormwater management features within their respective utility easements. (City Engineer) 3. The applicant shall provide all of the necessary instruments, information and legal documentation to satisfy the Legal Positive Outfall requirement within the City of Palm Beach Gardens within 45 days of the effective date of this Development Order. Plattinq 4. The applicant shall indicate on the plat of this project pedestrian access easements for the proposed sidewalks along Central Boulevard and Military Trail. The plat shall be submitted, reviewed, approved and recorded in the public records of Palm Beach County prior to the issuance of the first building permit for this project. (City Engineer) 5. The plats for parcels 4.07b and the east -west thoroughfare, including the dedications for the drainage easements and roadway easements, shall be submitted and approved by the City, and placed in the official record books of Palm Beach County prior to the issuance of the first building permit. (City Engineer) 2 Ordinance 46, 2001 Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 Landscapinq and Maintenance 6. Prior to the issuance of the final Certificate of Occupancy, the applicant shall remove all exotics from the upland preserve areas. (City Forester) 7. The applicant, successors, or assigns shall be responsible for the landscape installation and maintenance of the road shoulders, including irrigation, of those sections of public rights -of -way adjacent to the Alta Pine Planned Unit Development (PUD), including: a. Western shoulder of Central Boulevard from the northern PUD terminus south to the East -west Road, as permitted by Palm Beach County. b. Eastern shoulder of Military Trail from the northern PUD terminus south to the East - west Road, as permitted by Palm Beach County. c. Northern shoulder of east -west Road from Military Trail to Central Boulevard, as permitted by the City of Palm Beach Gardens. (City Forester) 8. The applicant, successors, or assigns shall be responsible for the landscape installation of the medians, including irrigation, of those sections of public rights -of -ways adjacent to the Alta Pines PUD, including: a. Central Boulevard from the northern PUD terminus south to the East -west Road, as permitted by Palm Beach County. b. Military Trail from the northern PUD terminus south to the East -west Road, as permitted by Palm Beach County. (City Forester) 9. The applicant, successors, or assigns shall be responsible for the landscape maintenance of the medians (including irrigation) of those sections of the public rights -of- way adjacent to the Alta Pines PUD, until such time as future development adjacent/contiguous to said rights -of -way, where applicable, are platted, at which time future development shall provide a pro -rata share in the cost of the maintenance, including: a. Central Boulevard from the northern PUD terminus south to the East -west Road. b. Military Trail from the northern PUD terminus south to the East -west Road. c. East -west Road from Military Trail to Central Boulevard, if applicable in the future. (City Forester) 10. The median and road shoulder landscaping and irrigation shall be submitted to the Growth Management Department for review and approval and installed based on the following schedule: a. Central Boulevard — Median & Road Shoulder Landscaping and Irrigation - The applicant shall submit plans to City concurrent with the submittal of the Central Boulevard curb cut plans to Palm Beach County for approval. The applicant shall install the landscaping and irrigation prior to the completion of the last Certificate of Occupancy for the west half of the PUD. b. Military Trail — Median and Road Shoulder Landscaping and Irrigation — The applicant shall submit plans to City for approval concurrent with submittal of the Military Trail curb cut plans to Palm Beach County. The applicant shall install the landscaping and irrigation prior to the completion of the last Certificate of Occupancy for the east half of the PUD. 3 Ordinance 46, 2001 Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 c. East -west Road — Road Shoulder Landscaping and Irrigation — The applicant shall install the landscaping and irrigation prior to the last Certificate of Occupancy for the entire PUD. (City Forester) Transportation / Traffic Concurrency 11. No more than 1,423 new external daily trips (203 residential units) may be permitted until contract has been let for the four (4) laning of Hood Road from Military Trail to Alternate A1A. (City Engineer) 12. No more than 1,806 new external daily trips (258 residential units) may be permitted until contract has been let for six (6) laning of Alternate A1A from Hood Road to PGA Boulevard. (City Engineer) 13. No more than 1,806 new external daily trips (258 residential units) may be permitted until contract has been let for the 1 -95 / Alternate A1A Flyover and interchange. (City Engineer) 14. No more than 1,806 new external daily trips (258 residential units) may 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 lane should be provided at this location. (City Engineer) 15. Prior to the first issuance of Certificate of Occupancy, the applicant shall install an exclusive northbound left -turn lane is required along Military Trail at the intersection with the City Road. (City Engineer) 16. Prior to the first issuance of Certificate of Occupancy, the applicant shall install a right - turn and left -turn ingress as required along the City Road at the project access driveway. (City Engineer) 17. Prior to issuance of the first building permit and before issuance of the final Certificate of Occupancy, the applicant shall conduct PM peak hour turning movement counts annually during the peak season at the intersection of Hood Road and Military Trail. 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, successor, or assigns prior to issuance of the final Certificate of Occupancy. (City Engineer) 18. Prior to issuance of the first building permit and before issuance of the final Certificate of Occupancy, the applicant shall conduct a traffic signal warrant study annually during peak season for the signalization of the intersection of the Hood Road / Alternate A1A prior to the issuance of the last Certificate of Occupancy. Should the warrant indicate a need for a signal, 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) 19. Prior to the issuance of the first Certificate of Occupancy the East -west thoroughfare must be completed (including landscaping) and accepted by the City. (City Engineer) 4 Ordinance 46, 2001 Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 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. September 18, 2001 Cover Sheet by Cotleur & Hearing, Sheet 1. 2. September 18, 2001 Master Plan by Cotleur & Hearing, Sheet M1. 3. September 18, 2001 Site Plan by Cotleur & Hearing, Sheets S -1 through S -5. 4. September 18, 2001 Landscape Plan by Cotleur & Hearing, Sheets 1-1 -7. 5. September 17, 2001 Photometrics by Tseng Consulting, Sheets ES -1 through ES -3. 6. September 28, 2001 Unit Floor Plans by Tseng Consulting, Sheets A -A1, A -131, A -132, A- 62 -1G, A -C2, A -C2P, and A -E1. 7. September 28, 2001 Building I Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A -T1.1 through A -T1.3. 8. September 28, 2001 Building II Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A -T2.1 through A -T2.3. 9. September 28, 2001 Building III Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A -T3.1 through A -T3.3. 10. September 28, 2001 Building IV Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A -T4.1 through A -T4.3. 11. September 28, 2001 Building V Floor & Roof Plans with Elevations by Tseng Consulting, Sheets A -T5.1 through A -T5.3. 12. March 30, 2001 Leasing Office by Tseng Consulting, Sheets AM -1 through AM -3. 13. March 30, 2001 Pool Cabana by Tseng Consulting, Sheets AM -11 through AM -12. 14. January 2, 2001 Maintenance Building by Tseng Consulting, Sheet AM -21. 15. January 2, 2001 Garage Building by Tseng Consulting, Sheet AM -31. 16. January 2, 2001 Mail Kiosk by Tseng Consulting, Sheet AM -41. 17. January 2, 2001 Compactor Enclosure Plans by Tseng Consulting, Sheet AM -51. 18. January 2, 2001 Signage by Tseng Consulting, Sheet AM -61. SECTION 5. All resolutions, ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 20`h DAY OF DECEMBER 2001. PLACED ON SECOND READING THIS DAY OF 200 PASSED AND ADOPTED THIS DAY OF 200. SIGNED: MAYOR JOSEPH R. RUSSO COUNCILMAN CARL SABATELLO VICE MAYOR ERIC JABLIN ATTEST BY: CAROL GOLD CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO Ordinance 46, 2001 Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY wtz_ rvl NAY ABSENT Ordinance 46, 2001 Meeting Date: December 20, 2001 Date Prepared: December 7, 2001 EXHIBIT "A" BEING A PARCEL OF LAND LYING IN THE SOUTHWEST ONE- QUARTER OF SECTION 25, TOWNSHIP 41 SOUTH; RANGE 42 EAST, PALM BEACH COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST ONE- QUARTER, OF SAID SECTION 25; THENCE NORTH 01 °22'09" EAST, ALONG THE EAST LINE OF SAID SOUTHWEST ONE- QUARTER, A DISTANCE OF 1,320,98 FEET; THENCE NORTH 88 °37'51" WEST, A DISTANCE OF 60.00 FEET TO A POINT ON THE WEST RIGHT OF WAY LINE OF MILITARY TRAIL AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 88 °40'06" WEST, A DISTANCE OF 100.00 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 260.00 FEET; THENCE WESTERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 37026'35 ", A DISTANCE OF 169.91 FEET, TO A POINT OF TANGENCY; THENCE NORTH 51011'16" WEST, A'DISTANCE OF 104.83 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE SOUTHERLY, HAVING A RADIUS OF 640.00 FEET, THENCE WESTERLY, ALONG -rHE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 38 °QO'40 ", A DISTANCE OF 424.59, FEET, TO ,A POINT OF TANGENCY; THENCE NORTH 89011'56" WEST; A DISTANCE OF 810.71 FEET TO A POINT ON THE EAST RIGHT OF WAY LINE OF CENTRAL BOULEVARD, AS CONVEYED IN OFFICIAL RECORDS BOOK 5207, PAGE 351 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE NORTH 00 °48'04" EAST, ALONG SAID EAST RIGHT OF WAY LINE, A DISTANCE OF 640.77 FEET TO A POINT ON THE SOUTH LINE OF A PARCEL DESCRIBED IN OFFICIAL RECORDS BOOK 5889, PAGE 534 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE SOUTH 88037'17" EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 1,513.78 FEET T4 A POINT; THENCE SOUTH 43 °37'34" EAST, A DISTANCE OF 56.55 FEET TO A POINT ON SAID WEST RIGHT OF WAY LINE OF MILITARY TRAIL; THENCE SOUTH 01 °22'09: WEST ALONG SAID 'JEST RIGHT, OF WAY LINE, A DISTANCE OF 841.59 FEET TO THE POINT OF BEGINNING. 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FLORIDA 33162 S 1110 NORTHCRASE PARKWAY, SUITE 150 TEL: (305) 945 -4474 FAX: (305) 945 -1613 r(jq: ;gg}Y EN MARIETTA GEORGIA AA- 0003166 • EB- 0006522 - M- 0001096 $ a! a ALTA PINES T TSENG CONSULTING GROUP, INC. € € ;=id$ " D CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 12/20/01 Meeting Date- Subject/Agenda Item: INTERLOCAL AGREEMNENT CITY OF PALM BEACH GARDENS AND THE SCHOOL BOARD OF PALM BEACH COUNTY FOR THE DEVELOPMENT OF A BASEBALL COMPLEX ON A CITY PARK Recommendation /Motion: TO APPROVE THE CONCEPT OF ENTERING INTO AN INTERLOCAL AGREEMENT WHICH OUTLINES THE PROJECT OF A JOINT PARTNERSHIP FOR THE DEVELOPMENT OF A BASEBALL COMPLEX AT THE SCHOOL BOARD'S EXPENSE ON A CITY OWNED PARK PARCEL Reviewed by: NIA Originating Dept.: Costs: $ N/A Council Action: ADMINISTRATION (Total) City Attorney [ ] Approved $ N/A [ ) Approved w/ Finance Director Current FY conditions N/A [ ]Denied Other N/A Funding Source: [ ] Continued to: Advertised: Date: N/A [ ] Operating Attachments: Paper: N/A [ ] Other Memorandum [ X ] Not Required ATTACHED MEMO Submitted by: J. E. DOUGHNEY III Department Director Affected parties PJotified Budget Acct. #: N/A [ ] None Approv by: City anag r [ X ] Not required BACKGROUND: ATTACHED AGENDA MEMO; INTERLOCAL AGREEMENT CITY OF PALM BEACH GARDENS MEMORANDUM -E TO: Ron Ferris, City Manager Date: December 11, 2001 FROM: Jack Doughney, Assistant to City Manager SUBJECT: Development of Baseball Field at City Park BACKGROUND The City of Palm Beach Gardens has been approached by Palm Beach Gardens High School to enter a partnership to build a baseball field. This field would be used to host interscholastic sporting events for the Gators Baseball Team. The proposed site for this new facility is located on Lilac Street across from the High School. The City purchased this property in December 1997. The school board would, with permission from the City, design, build, operate and maintain the facility. These improvements would be available to the public through the City's Parks and Recreation Department when not in use by the school. An Interlocal Agreement would outline the partnership of the City's use of its land and the School Board's resources for the construction and operation of this facility. The school board intends to invest $850,000 in phase one of the construction. This would include site development, parking and related support facilities. In addition, they are prepared to fund $250,000 in the second phase. This would include the construction of a pedestrian bridge connecting Burns Road to the new facility. Additional length. of new jogging trail at the proposed site will connect to our existing trail at Burns Road. Attached is a proposed site plan, which will be refined when both parties enter into an agreement. The item, if approved, would appear before the School Board in January and the Council would later vote to execute the Interiocal Agreement. A requirement, that came forth during the School Board's review, was to create a school crossing on Lilac Street to ensure safe access to the field from the school and also allow the capability to close off the road during sporting events. City staff expressed concern with temporary road closures. Public Works, Police, Fire and Growth Management reviewed this request and agreed that with that particular closure the public would still have access to the area via the parking lots, which are adjacent to both sides of the road. City staff is supporting this request. The funding for the work would be included in the School Board's budget for the project. RECOMMENDATION Staff is recommending approval for the proposed conceptual site plan and Interlocal Agreement between the Palm Beach County School Board and the City. JED:ps cc: Len Rubin, City Attorney _u r n Ln h 5 rD h 1 0" 111 1 City of Palm Beach Gardens Council Agenda December 20, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello r a CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 20, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL, CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: a. Public Information Report VII. COMMENTS FROM THE PUBLIC: For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. Consideration of approving Minutes from the November 15, 2001 Regular City Council Meeting. b. Resolution 180, 2001 — Legacy Place Development Order- Parcel "D." Consideration of amending Condition #5 in Resolution 59, 2001, regarding signage and lighting plans for residential Parcel "D" within the Legacy Place Planned Community District at the northeast corner of Alternate A I A and RCA Boulevard. C. Resolution 184, 2001 — Gardens' Station Time Extension. Consideration of approving an extension of the build -out date for concurrency N certification for property located approximately 215 feet from the intersection of RCA Boulevard and Northcorp Parkway, on the east side of RCA Boulevard, known as the "Gardens Station" Mixed Use Development; providing for a condition of approval. d. Resolution 185, 2001 — Frenchman's Reserve PCD -Golf Maintenance - Plat. Consideration of approving the Frenchman's Reserve PCD -Golf Maintenance -Plat. e. Resolution 186, 2001 - Frenchman's Reserve PCD — Plat "A" - Plat. Consideration of approving the Frenchman's Reserve PCD — Plat "A" - Plat. f. Resolution 187, 2001 — The Grande at Palm Beach Gardens — Plat. Consideration of approving The Grande at Palm Beach Gardens — Plat. g. Resolution 188, 2001 — La Posada — Plat. Consideration of approving the La Posada — Plat. h. Resolution 193, 2001 - School Crossing Guard Agreement. Consideration of awarding a "piggyback" contract for School Crossing Guard services to Action Labor and Staffing Connection. i. Purchase of Gator Vehicle with Sprayer and Top Dresser. Consideration of purchasing a Gator Vehicle with Sprayer and Top Dresser at a cost not to exceed $23,659.20. j. Resolution 192, 2001 - Grant of Quit Claim Easement to Frenchman's Reserve. Consideration of authorizing the Mayor and City Clerk to execute a Quit -Claim Easement to Binks Estates Limited Partnership over a portion f the Cabana Colony Canal. k. K -9 Transfer of Ownership - Consideration of transferring ownership of retired police K -9 Aran to Officer Glenn Wright 1. K -9 Transfer of Ownership - Consideration of transferring ownership of retired police K -9 Kris to Officer Robert Wummer. IX. PUBLIC HEARINGS: a. Ordinance 43, 2001 — Evergrene PCD (Second Reading). An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Watermark Communities, Inc., requesting a re- zoning to Planned Community Development Overlay Zoning with a comprehensive land use designation of Residential Medium (RM), to allow for a 905 single - family and 132 multi - family dwelling unit 11 residential community on 362.72 acres for a gross density of 2.86 dwelling units per acre, to be known as the " Evergrene" Community, located south of Donald Ross Road and north of Hood Road, between Military Trail and Alternate AIA, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. b. Ordinance 45, 2001 — Evergrene Excavation and Fill (Second Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Communities Finance Company for a Conditional Use to allow an excavation and fill operation within Parcels 4.03 and 4.05 generally located between Alternate AIA and Military Trail, and between Hood Road and Donald Ross Road, commonly known as the Evergrene PCD and more particularly described herein; providing for conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. X. RESOLUTIONS: a. Resolution 181, 2001 - Evergrene Parcel 4B. Consideration of approving a site plan application for "Parcel 4B" with a total of 77 single - family units and 63 multi - family units within the Evergrene PCD, located between Hood Road & Donald Ross Road and as more particularly described herein; providing for conditions of approval; providing for waivers. b. Resolution 182, 2001 - Evergrene Parcels 1, 2, & 7. Consideration of approving a site plan application for "Parcels 1,2 & &" with a total of 320 single - family units within the Evergrene PCD, located between Hood Road & Donald Ross Road and as more particularly described herein; providing for conditions of approval; providing for waivers. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 38, 2001 — Amendment to Swimming Pool Code (First Reading). Consideration of amending Chapter 86, "Buildings and Building Regulations," Article V, "Swimming Pools," of the City Code of Ordinances to clarify and update the regulations applicable to the construction of swimming pools; amending Sections 86 -117, 86 -150, 86- 177, 86 -179, 86 -181, 86 -182, 86 -184, 86 -193, 86 -227 and 86 -252; providing for codification; providing for severability; and providing for an effective date. b. Ordinance 46, 2001 — Alta Pines PUD (First Reading). Consideration of approving an application from WP South Development Company, L.L.C. DBA Wood Partners, as agent for DiVosta and Company, for a rezoning of a 24.68 acre parcel of land from PDA Planned Development Area to RH Residential High with a Planned Unit Development Overlay Zoning (PUD), to be known as "Alta Pines," by approving the construction of 264 multi - family units and accessory uses, located approximately %Z mile north of the intersection of Military Trail and Hood Road, on the west side of Military Trail, as more particularly described herein; providing for waivers; providing for conditions of approval; providing for severability; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. Interlocal Agreement for Baseball Field at Palm Beach Gardens High School. XIV. CITY ATTORNEY REPORT: 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. .: (,cam► ��,�+ e- u- ��!�.:��. �n — 2-AV%- tz<l (v _ j 1 �.� 4'��.a -•�c - Cam.. L -�' � (.�--- v- .�'�a..�g .. Ot- J�a"�C C.�.t,4c.e1n, (j�.{: ac.i+?�2 i►— > j�fl /('�`'`�(�( Q.�1! ..0 `V ��lnL.2 C.�.ZG•r aS.�.c� -,•� -S � 80��t�. Cc�C�4 -C2.S �(cc�rtr., • - Ck� clot c )D �l ar�/l -lw c /—L=. J . cJ dl'e�.,.,.: a �a c.chs , vcu�a.8 -mss C-ls�C F��P, d 6L7, /A�� - 4-4!�e /Xa<z iP- 60 �' - e' oxaL`a Ova", - Q _ (7 cy G �� — � / �'-� �/�2 : �la.�.c.�•� � �- � 0 SEC � Plea: Nam Addr City: Subj( COMMENTS FROM THE PUBLIC Request to Address City Council Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes. COMMENTS FROM THE PUBLIC Request to Address City Council Please Print Name: -5/,!? o r -! Address: City: Subject: Members of the public may address the City Council during the "Comments by the Public" portion of the agenda and during "Public Hearings ". This Request to Address the City Council must be delivered to the City Clerk prior to the commencement of the meeting. The time limit for each speaker is limited to three (3) minutes.