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HomeMy WebLinkAboutAgenda Council Agenda 011801REVHSIED City of Palm Beach Gardens Council Agenda January 18, 2001 5 � i � 19519 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 All those wishing to address the City Council need to complete the necessary form located by the entrance to the Council Chambers and submit it to the City Clerk prior to the meeting being called to order. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 18, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: V. CITY MANAGER REPORT: a. Growth Management Report VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item „) t ew(oaftv - -rt�� s�•n VII. CONSENT AGENDA: ►.�. a. Consideration of approving Minutes from the December 12, 2000 Joint Special Meeting of the City Council and the Planning and Zoning Commission. b. Consideration of approving Minutes from the December 19, 2000 City Council Workshop Meeting. C. Consideration of approving Minutes from the December 21, 2000 Regular City Council Meeting. d. Resolution 8, 2001 — Regional Center - Parcel 27.04 Plat. Consideration of approving the Regional Center - Parcel 27.04 Plat. e Resolution 9, 2001 — BellSouth Building Expansion Plat. Consideration of approving the BellSouth Building Expansion Plat. f. Resolution 11, 2001 - Shoppes on the Green Ground Signage. Consideration of amending the Site Plan, including approval of a waiver from Section 136 of the Land Development Regulations, to allow for a monument sign to be located in an insufficient landscape area at Shoppes on the Green. g. Resolution 14, 2001 - Debt Pool. Consideration of entering into an Interlocal Agreement to create a Debt Pool called the Florida Intergovernmental Finance Commission. h. Resolution 15, 2001 — Reimbursement of Expenditures/PGA Flyover. Consideration of providing for reimbursement of expenses that will be incurred for the PGA Flyover project. i. Resolution 16, 2001 — Contract for Irrigation Services. Consideration of approving a contract with Absolute Irrigation Services. j. Resolution 105, 2000 — La Posada. Consideration of approving a site plan for a senior assisted living facility (La Posada) located within the Regional Center Development of Regional Impact (DRI) consisting of 301 units, as more particularly described herein; providing for six waivers to allow the addition of 209 covered parking spaces, the location of covered parking spaces within the required 100 -foot setback, the elimination of two sidewalks, a reduction in the 15 foot landscape buffer, the reduction in the street side setback along the eastern perimeter, and the encroachment of structures within the lake maintenance easement tract; providing for an amendment to the Master Signage Program for the DRI as adopted in Resolution 64, 1998 to modify the design and location of the permitted signs and add two directional and two directory signs to the Master Signage Program; providing for conditions of approval. Q-t3s0 — 2( o 4-00 VIII. PUBLIC HEARINGS: a. Ordinance 32, 2000. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from St. Mark's Church, Inc. for an amendment and expansion of a Planned Unit Development by approving the construction of a 14,000 square -foot C`orV_ school building, a 945 square -foot church addition on an 11 acre site, vjvv located at the Northeast and Northwest corners of Burns Road and Hardens East Drive, 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. a V'O'00,( -3'O1*d �d -ezr� RESOLUTIONS: a. Resolution 29, 2000 - Fairways Office Center Covered Parking. ., Consideration of amending Resolution 55, 1998 to allow for the construction of 66 covered parking spaces in the Fairway Office Center located within the PGA N tionall lanned Community District. �d csc ,f - I b. Resolution 10, 2001 - Gardens Corporate Center Signage. Consideration 0 of approving an amendment to a Planned Unit Development within the Q Regional Center Planned Community Development, to allow for additional wall sign locations, including four waivers. •moo w a R Y C Resolution 13, 2001- BallenIsles Parcels 15 and 16a. Consideration of �, Fp , e�,�,,,,`. � pPEses.e/ approving a Site Plan for the construction of 51 single- family units on 5A,it4 -9st nib 19.53 acres within Parcels 15 and 16a in the BallenIsles Planned r_ 0.1 -t V Community District; providing for conditions and waivers. Rea-r-u d. Resolution 19, 2001 - Planning and Zoning Commission Appointments. Consideration of appointing 2 regular and 1 alternate members to the Planning and Zoning Commission. X. ORDINANCES: (For Consideration on First Reading) XI. ITEMS FOR COUNCIL ACTION: s quo a. Burns Road Improvements - Capital Costs & Maintenance Costs 20 6800ko � 0 b. Freedom Shrine Exhibit. A,4 XII. ITEMS FOR DISCUSSION: XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL: XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. ,L4uRaN - g•g• -. PC.A. $.Fao& C •Z*S 4&'tr&ix T v b OT 'T'"►2a , N s �Yl�aac f}���cacsn+- In accordance with the Americans with Disabilities Act and Florida Statute 86.26,m� persons with disabilities needing special accommodations to participate in this y proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or, (800) YoR — 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by�`t"' the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. 44 u,".e✓ I'1,gY�n._ �i�Arr►Qvlt - L:.Co..�....c1�. ceU. k/$ /Gen.. t�..f�%ts�,vr.E, 0 City of Palm Beach Gardens • Mayor Russo Council Agenda January 18, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Council Member Furtado Vice Mayor Jablin Council Member Sabatello • CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING JANUARY 18, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: V. CITY MANAGER REPORT: a. Growth Management Report VI. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda) (Please submit request card to Clerk prior to this Item) VII. CONSENT AGENDA: a. Consideration of approving Minutes from the December 12, 2000 Joint Special Meeting of the City Council and the Planning and Zoning Commission. b. Consideration of approving Minutes from the December 19, 2000 City Council Workshop Meeting. C. Consideration of approving Minutes from the December 21, 2000 Regular City Council Meeting. d. Resolution 8, 2001 — Regional Center - Parcel 27.04 Plat. Consideration of approving the Regional Center - Parcel 27.04 Plat. e Resolution 9, 2001 — BellSouth Building Expansion Plat. Consideration of approving the BellSouth Building Expansion Plat. f. Resolution 11, 2001 - Shoppes on the Green Ground Signage. Consideration of amending the Site Plan, including approval of a waiver from Section 136 of the Land Development Regulations, to allow for a monument sign to be located in an insufficient landscape area at Shoppes on the Green. g. Resolution 14, 2001 - Debt Pool. Consideration of entering into an Interlocal Agreement to create a Debt Pool called the Florida Intergovernmental Finance Commission. h. Resolution 15, 2001 — Reimbursement of Expenditures /PGA Flyover. Consideration of providing for reimbursement of expenses that will be incurred for the PGA Flyover project. Resolution 16, 2001 — Contract for Irrigation Services. Consideration of approving a contract with Absolute Irrigation Services. VIII. PUBLIC HEARINGS: a. Ordinance 32, 2000. An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from St. Mark's Church, Inc. for an amendment and expansion of a Planned Unit Development by approving the construction of a 14,000 square -foot school building, a 945 square -foot church addition on an 11 acre site, located at the Northeast and Northwest corners of Burns Road and Hardens East Drive, 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. IX. RESOLUTIONS: a. Resolution 29, 2000 - Fairways Office Center Covered Parking. Consideration of amending Resolution 55, 1998 to allow for the construction of 66 covered parking spaces in the Fairway Office Center located within the PGA National Planned Community District. b. Resolution 105, 2000 — La Posada. Consideration of approving a site plan for a senior assisted living facility (La Posada) located within the Regional Center Development of Regional Impact (DRI) consisting of 301 units, as more particularly described herein; providing for six waivers to allow the addition of 209 covered parking spaces, the location of covered parking spaces within the required 100 -foot setback, the elimination of two sidewalks, a reduction in the 15 foot landscape buffer, the reduction in the street side setback along the eastern perimeter, and the encroachment of structures within the lake maintenance easement tract; providing for an amendment to the Master Signage Program for the DRI as adopted in Resolution 64, 1998 to modify the design and location of the permitted signs and add two directional and two directory signs to the Master Signage Program; providing for conditions of approval. C. Resolution 10, 2001 - Gardens Corporate Center Signage. Consideration of approving an amendment to a Planned Unit Development within the Regional Center Planned Community Development, to allow for additional wall sign locations, including four waivers. d Resolution 13, 2001- BallenIsles Parcels 15 and 16a. Consideration of approving a Site Plan for the construction of 51 single - family units on 19.53 acres within Parcels 15 and 16a in the BallenIsles Planned Community District; providing for conditions and waivers. X. ORDINANCES: (For Consideration on First Reading) XI. ITEMS FOR COUNCIL ACTION: a. Burns Road Improvements — Capital Costs & Maintenance Costs b. Freedom Shrine Exhibit. XII. ITEMS FOR DISCUSSION: XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL: 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. • S IV. CITY MANAGER REPORT: a. Growth Management Report VERBAL REPORT El • • CITY OF PALM BEACH GARDENS CITY COUNCIL SPECIAL MEETING December 12, 2000 The December 12, 2000, Special Joint Meeting of the City Council of the City of Palm Beach Gardens, Florida, with the Planning and Zoning Commission was called to order at 6:30 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 found to be in attendance: Vice Mayor Eric Jablin, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. Mayor Joseph R. Russo was absent due to illness. Councilmember David Clark arrived at 6:40 p.m. Interim Growth Management Director Steve Cramer called the roll of the Planning & Zoning Commission and the following members were found to be present: Chair John Glidden, Chair Elect Dennis Solomon, Barry Present, and Ted Rauch, Alternate. Joel Channing and Craig Kunkle, Jr. arrived later in the meeting. ITEMS FOR DISCUSSION: Legacy Place - Parcel 28.01 Parcels A, B & C (Commercial Section) Interim Growth Management Director Steve Cramer introduced Henry Iler, Eer Planning Group, who reviewed his report on the project, and explained that approvals would be sought for an overall master plan, commercial site plan, and residential site plan. Key issues introduced in Mr. Iler's report included mixed use, residential density bonus, environmental preservation, Legacy Drive, East -West Connector Road, and residential buffers, as well as visual impacts and architecture. Hank Skokowski, representative for the petitioner, explained that the commercial pedestrian- oriented center was the core of the project, in addition to which were a small area of commercial development, and a residential area consisting of 384 rental apartments in 3 -story buildings. Mr. Skokowski reviewed the entire site. David Bader, KA, Inc. Architecture, Cleveland, Ohio, reviewed elevations of building complexes on the site, including the 400 and 500 building, 600 building, 700 building, 900 building which was the closest building to Alternate Al A, the Container Store, and Jacobson's store elevations. Mr. Skokowski presented elevations of the 3 -story apai-a gent buildings. Terry King focused on the character of the development, which had been created to provide a new downtown with a unique blend of national retailers, Worth Avenue - quality local merchants, and unique restaurants not already in the City, which would have plenty of outdoor seating. Three of the anchors would be the Container Store, Jacobson's, and Barnes & Noble. John Mullen, co- founder of the Container Store, explained the store's history, discussed the honor they had received of being the top one of the 100 best companies to work for in the country, and expressed his excitement in having a store located in Palm Beach Gardens. Architect Gabriel Salazar, reviewed the proposed architecture for the residential portion of the project. John Glidden, Chair, Planning & Zoning Commission explained that the format for this workshop was to ask questions and make observations. Vice Mayor Jablin added that no conclusions would be drawn and no decisions made, and stated this meeting was purely conceptual. 1 Mr. Glidden requested copies of the site plan, complimented the project, and made the following suggestions: providing a large rotary to better integrate the residential and commercial areas; making minor circulation improvements within the residential area, adding architectural details to certain buildings including Jacobson's store building and the west elevation of the Container store building, using pavers on the driveway areas that intersect the interior of the project, possibly installing an additional pedestrian link, and assuring first -rate screening of service areas. Mr. Glidden questioned if placing the air conditioning units on the roofs of the residential buildings would be a better solution than using ground area in such a tight project and if they could be properly screened, and questioned how this project would deal with the proposed mixed -use formula on which the Commission had been working. Mr. Glidden recommended using the numbers in this project for the formula if the mix of uses in this project worked out well. Mr. Glidden verified with Mr. Skokowski that the gates shown were for vehicular traffic and that pedestrian and bicycle traffic would still have access. Mr. Glidden questioned if the precast base on the elevations was scored, which was verified, and expressed hope that colors would be changed so that the colors and materials would better unify the project. Mr. Channing expressed agreement with Mr. Glidden's comments, commented that he would be very interested in the architectural details, expressed concern with the small ground area spaces at the apartments, and cautioned this was not City Place and must have plenty of landscaping. Mr. King responded the landscaping budget was $1.2 million and the proposed plantings were impressive. It was noted some of the landscaping had been omitted from the elevations in order to better view the architecture. Approximately $62 per square foot, not including tenant improvement allowances, had been budgeted for the buildings. Mr. Glidden commented the buffer and berm and improved architectural details on the back of the Container Store were needed because it would be very visible from the flyover; and suggested it would be nice if the drive did not continue all the way around the back of the building so that landscaping could go up to the building on the AIA side. Mr. Channing agreed. Mr. Present commented it was an exciting plan, and suggested changes to the landscaping at the AlA entrance, as well as providing trees to break up the parking mass where two parking lots were adjacent. Mr. Present expressed concern regarding the future possible 4 -lane roadway. Petitioner explained the plan as shown reflected suggestions to date and comments made at this meeting would be considered for incorporation. Mr. Solomon concurred with the prior comments and commented that the Commission would be interested in the overall lighting in both the commercial and residential areas, overall landscaping, landscaping within the parking lot, and buffering. Petitioner explained there would be 10' of plantable area in the buffer along the north side of RCA Boulevard. Mr. Solomon requested material showing the roadways. Councilmember Furtado expressed concern regarding how affordable housing could be offered in a high -end project, which she requested, be answered at a later date. Councilmember Sabatello indicated his comments could also be addressed later. Councilman Sabatello requested the west side of building 900 and the east side of building 700 be addressed as to additional architectural details; indicated he did not understand the screen walls behind building 900 and questioned how much could be seen through those screen walls; commented the pedestrian walkways seemed to be an afterthought, and roadways were not highlighted with special paving, lighting, etc. Councilman Sabatello commented that the restaurant washout areas needed special consideration, that uses should be restricted on the residential balconies; there should be restrictions on numbers of cars, and that accent lighting on buildings and landscaping shoul&be designed in the plans from the beginning. Councilman Sabatello also requested accommodation in -2- the design for future widening of RCA, bus stops for schools and Palm Tran; unique features and landscaping within the parking lots, and asked if two swimming pools and other planned recreational facilities were sufficient for this project. Councilman Sabatello proposed fountains and lighting for the ponds, and requested better integration between the commercial and residential areas. Councilman Sabatello expressed his opinion that everything else looked very strong. Councilman Clark commented he agreed with most of the comments that had been made. Councilman Clark questioned and received clarification that the bridge between buildings 400 and 500 would be strictly pedestrian. Councilman Clark expressed concern regarding the buffering on RCA Boulevard and for the homes in Monet Gardens, indicated he wanted to keep the 80' right -of -way, and commented he did not think the buildings in the corner had been well integrated into the project and recommended bringing those buildings physically closer together with a strong pedestrian connection, echoed the need for a stronger connection between the residential and commercial areas, and favored the entry into the residential section not being gated. Councilman Sabatello requested a clearer picture of how restaurant clients would be dropped off, to which petitioner responded by indicating drop -off and valet areas, and promised to provide better dimensions on those areas. Mr. Channing requested large -scale site plans to facilitate study of the project. Mr. Glidden asked if trees shown in the parking lots were to scale, commented the landscaping there looked weak, and requested types of trees and specific sizes be shown. Mr. Iler asked for comments regarding the residential buffering to give staff direction. Councilman Sabatello indicated he was not comfortable with the RCA buffering and wanted to see a cross section of the RCA widening and wanted to keep the 80' right -of -way for Legacy Drive. Mr. Mullen expressed appreciation for the comments regarding the Container Store and stated those would be responded to by the petitioner. Mr. Channing complimented Terry King on the architecture. Vice Mayor Jablin commented he would like to see signage up front and uniformity in the signage, with logos contained within specific areas to make them look more or less uniform. The Vice Mayor requested renderings from the point of the flyover and different aerial views. Vice Mayor Jablin wanted school bus stops, and stressed the importance of pull outs by mentioning that in City Place there were spots that lacked pull outs where traffic could not get by, from which this project could learn. The Vice Mayor indicated his support for the 80' right -of -way, and questioned whether there were covered walkways, to which petitioner responded approximately 50' of the center was covered with porticos. The Vice Mayor commented the wash out areas for the restaurants needed to be contained in well screened areas not visible to the public; and commented landscaping could play a large part in breaking up the two parking lots by using a major landscape feature unique to the City. The Vice Mayor thanked those who had participated in the workshop. -3- ADJOURNMENT: There being no further business to discuss, upon motion by Councilwoman Furtado seconded by Councilman Clark, carried 4 -0, the meeting was adjourned at 8:17 p.m. APPROVAL: ATTEST: CAROL GOLD CITY CLERK MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO . COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO -4- ! CITY COUNCIL WORKSHOP MEETING, 12/19/2000 CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING December 19, 2000 The December 19, 2000, Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 12:15 p.m. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The City Clerk called the roll and the following elected officials were found to be in attendance: Vice Mayor Eric Jablin, Councilmember David Clark, and Councilmember Carl Sabatello. Mayor Joseph R. Russo and Councilmember Lauren Furtado were absent. CITY MANAGER REPORT: The City Manager announced that a report would be presented at Thursday's City Council meeting regarding the Status of Building Permit - Veridian Office Building. City Engineer Dan Clark commented a staff report had been prepared and staff had reviewed the plans, which would be presented at the City Council meeting, and that there were still conditions to be satisfied by the petitioner. Vice Mayor Jablin encouraged anyone present to speak up regarding anything that the Council needed to know ahead of time in order to speed up the City Council meeting. City Engineer Clark commented that the challenge with Veridian was it is in Unit 19; the administrative appeal regarding Unit 19 had been resolved, meaning that on January 11 South Florida Water Management District would most likely issue an Environmental Resource Permit; and that South Florida Water Management District was still reviewing construction permits for a number of parcels within Unit 19. Mr. Clark indicated that there were 30 conditions of approval for the Veridian construction plans, one of which would provide two options —to wait until the lake system was built in Basin 3 before beginning their construction or to demonstrate to the City the construction will have no negative effect in or adjacent to Unit 19, which would allow the petitioner to proceed with construction providing they could meet the other 29 conditions. Customer Service Report - Dr. Beth Ingold -Love reported Dr. Hayes would be present to provide a report of the Executive Summary, which was in the packet. CONSENT AGENDA: Cancer Survivor Park - Councilman Sabatello recommended the Cancer Survivor Park be removed from the consent agenda, and questioned whether this would be the best use for this property or if it could be better used to correct deficiencies in some of the recreation programs. Recreation Director Sue Miller responded that this property was not considered conducive to satisfy the program deficiencies, and that the City had obtained another grant which would take care of replacing the Tanglewood Park activities on the south end of the site. Councilman Sabatello noted the conceptual plan looked beautiful but expressed concern regarding the cost of maintenance. Ms. Miller indicated she could provide maintenance cost estimates for the fountains and lakes at the City Council meeting. Councilman Sabatello requested the sidewalk location be moved away from the edge of the road. Councilman Clark indicated the Letter of Intent would be generally in accordance with the 0 CITY COUNCIL WORKSHOP MEETING, 12/19/2000 2 conceptual plan, with details to be worked out later. This was confirmed by Ms. Miller, who explained that the Letter of Intent was to be presented to Mr. Block in order for him to approve the grant and the conceptual plan, and an agreement would be presented later to the City Council. Councilman Clark stated agreement with Councilman Sabatello's comments, and stressed that the City needed assurance that the grant would cover the maintenance costs. Ms. Miller indicated the costs would be reviewed at the City Council meeting. Vice Mayor Jablin indicated the northern end of Burns Road should be developed to a similar level as the southern end. The Vice Mayor noted that the Art Task Force had not received a copy of the contract and a copy should be given to the attorney for review before the meeting on Thursday. Fire Department Vehicles,_ Councilman Sabatello questioned the need for such large vehicles, to which the Fire Chief responded that the Suburban was a replacement vehicle and contained a command center. PUBLIC HEARINGS: Ordinance 30, 2000 - An Ordinance of the City of Palm Beach Gardens, Florida, Providing for Approval of the Application of the Benjamin Private School, Inc., for Rezoning of 50 Acres of Land, Located at the Northwest Corner of the Intersection of Central Boulevard and an Unnamed Future East -West Road as more particularly described herein, from Planned Development Area (PDA) to Public/Institutional (P/1) with a Planned Unit Development (PUD) Overlay, in Order to Construct a 187,671 Square Foot Private High School Campus; Providing for Waivers; Providing for Conditions of Approval; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. Staff indicated conditions of approval had been developed to meet all concerns previously discussed. RESOLUTIONS: Resolution 97, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from Communities Finance Company requesting Approval for Removal of Exotic Vegetation, and Conceptual Upland Preserve Set Aside for Parcels 4.03 and 4.06 located at the Southwest Corner of Alternate AlA and Donald Ross Road, as more particularly described herein; Providing for Conditions of Approval, and Providing for an Effective Date. City Forester Mark Hendrickson explained the City wished the vegetation removal and creation of the preserve to be done right, which was the reason for using the process as presented. Mr. Hendrickson indicated that doing this work ahead of the actual development would save time for the petitioner later and provide visual confirmation of exactly how the preserve would look and how much buffering and additional landscaping would be needed. Councilman Clark expressed concern that if concurrency was not met, if the property was re -sold, or if the developer did not build for years, that having removed existing vegetation would make this property an eyesore and destroy habitat for wild animals. The City Forester explained that he expected the petitioner's environmentalist to be at the City Council meeting and that this was presented as being done not for development but solely for the environment by eradication of exotics, and that the petitioner would commit in perpetuity to keep the exotics out, so that in ten years there would be more native vegetation on the parcel than existed today. Vice Mayor Jablin commented Councilman Clark was referring to a look like Bent Tree and expressed concern regarding having a denuded parcel until development occurred, which was verified by Councilman Clark. The City Forester commented he would call the petitioner to learn the locations of the exotics on the property, noted that a benefit of 0 ! CITY COUNCIL WORKSHOP MEETING, 12/19/2000 3 the proposed process would be that vegetation that would normally be destroyed could be relocated to the preserve area, and indicated he would address the timing issue with the petitioner. The City Forester clarified there would be no excavation or removal of anything, and that fill could not be added to the property without obtaining another permit. Resolution 105, 2000 - La Posada. - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of a Site Plan for a Senior Assisted Living Facility (La Posada) located within the Regional Center Development of Regional Impact (DRI) Consisting of 301 Units, as more particularly Described herein; Providing for Six Waivers to Allow the Addition of 209 Covered Parking Spaces, the Location of Covered Parking Spaces within the Required 100 - Foot Setback, the Elimination of Two Sidewalks, a Reduction in the 15 -foot Landscape Buffer, the Reduction in the Street Side Setback along the Eastern Perimeter, and the Encroachment of Structures within the Lake Maintenance Easement Tract; Providing for an Amendment to the Master Signage Program for the DRI as Adopted in Resolution 64, 1998 to Modify the Design and Location of the Permitted Signs and Add Two Directional and Two Directory Signs to the Master Signage Program; Providing for Conditions of Approval; and Providing for an Effective Date. Senior Planner Talal Benothman reported petitioner had provided additional clarification of justification for the waivers but had not revised any plans. Councilman Sabatello reported he had visited the model, and still had concerns regarding the covered parking and the length of the roofs, and his biggest concern was setting precedent of a certain percentage of covered parking and what it looked like. Councilman Sabatello commented regarding the pedestrian walkways that he felt the change made by the petitioner would not affect circulation. Councilman Sabatello reported he had expressed concern regarding security to the petitioner, and whether there would be controlled access into the property or merely an information center, and the petitioner had indicated they would address these issues at the City Council meeting. Mr. Benothman explained the new justification for the sidewalk waiver was that they were actually relocating the sidewalk and providing it internally within the site, and the petitioner was not actually providing a sidewalk for public access along the perimeter. Councilman Sabatello indicated he had no problem with the circulation, and the internal walkways were actually available to the public. Mr. Benothman noted staff had no problems with the requested waivers but was recommending denial of the proposed amendment to Resolution 64 which established a master signage program for the regional center, and requested direction regarding whether staff should request applicants having projects within the DRI to conform to the master signage program. No problems were indicated by the City Council as long as some of the elements of the master plan were included in the signage. It was reported that Fire Rescue staff had indicated the City's levels of service would not be overburdened because of the medical staff on the site; however, at the request of the City Council the petitioner was to be requested to provide a description of the planned medical services which could be incorporated into the development order with the requirement that no material changes from that standard would be made without the consent of the City. Mr. Benothman indicated staff would revise the Resolution prior to the City Council meeting based on petitioner's description. Resolution 126, 2000 - School Concurrency. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Adopting the Interlocal Agreement with the Municipalities of Palm Beach County, Palm Beach County, and the Palm Beach County School District to Establish a County- wide Public School Concurrency; Authorizing the Mayor and City Clerk to Execute the Interlocal CITY COUNCIL WORKSHOP MEETING, 12/19/2000 4 Agreement; and Providing for an Effective Date. The City Council discussed and then directed staff to draft a cover letter to go with the School Concurrency agreement listing the City's concerns and expectations so that if the School District did not live up to their commitments there would be a paper trail. ORDINANCES: Ordinance 32, 2000 - St. Mark's School Expansion. Ordinance 32, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from St. Mark's Church, Inc., for an Amendment and Expansion of a Planned Unit Development by Approving the Construction of a 14,000 Square -Foot School Building, a 945 Square -Foot Church Addition, and a Two (2) Year Time Extension for a Trailer on an 11 Acre Site, Located at the Northeast and Northwest comers of Burns Road and Gardens East Drive, 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. Fred Schwartz and Ray Royce provided a presentation of the revised circulation plan for internal stacking, which would add a new loop at the north end of the east parking lot where there was an existing playground. Councilman Sabatello made a recommendation to make the median slightly smaller and make the outside of the loop a little wider to provide a clear stack lane all the way around the loop. Applicant committed to hiring off -duty City Police to direct traffic and to add no parking signage along Gardens East Drive. It was decided to change condition of approval number 4. Principal Melba Hardy reported 489 enrolled with 469 on campus at one time, and requested 570 enrolled when the new building was completed. More signage and traffic cones were suggested. ITEMS FOR COUNCIL ACTION: Appraisal of Preserve Lands - Councilman Sabatello stated he disagreed but he knew the rest of the Council agreed. Executive Search Firm - City Manager - City Manager Ferris responded to Councilman Clark's question regarding other positions that an offer had been made for a Public Works Director and for a Human Resources Director; and Growth Management Director interviews had been conducted and a decision was in progress. Councilman Clark indicated he had no problem choosing the search firm that was the most highly rated. Councilman Sabatello requested that the search firm be asked if all the information compiled during the search firm could be turned over to the City and made a part of the permanent record or if it would be kept by the search firm. ITEMS FOR DISCUSSION: Ordinance 35, 2000 - Palm Beach Gardens Medical Center - Ordinance 35, 2000 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Tenet of South Florida Health Systems for an amendment to the Palm Beach Gardens Medical Center Planned Unit Development which was originally approved by Ordinance 28, 1991 and was subsequently amended by Resolution 92, 1992, Resolution 3, 1995 and Ordinance 26, 1995; approving a change in uses of 81,600 square -feet of previously approved unbuilt medical center uses located at the southeast corner of Bums Road and Gardens East Drive, 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. Interim Growth Management Director Steve Cramer indicated staff supported approval of the requested waivers. CITY COUNCIL WORKSHOP MEETING, 12/19/2000 5 ADDITION OF AGENDA ITEM: City Manager Ferris indicated that at the request of Mayor Russo the following item was being added to the agenda: Consideration of Awarding Contract for Design/Build of Park Storage Facility. Councilman Clark indicated if there was an outstanding claim that assurance was needed it would go away upon signing of a new contract. Councilman Sabatello expressed his opinion that using design/build would not mean the facility would cost 33% less than conventional construction but he would go along with the vote. ADJOURNMENT There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilman Sabatello, carried 3 -0, the meeting was. adjourned at 1:30 p.m. APPROVAL: ATTEST: CAROL GOLD CITY CLERK • MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING December 21, 2000 The December 21, 2000, 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 found to be in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. ANNOUNCEMENTS: Mayor Russo thanked staff and Council for working together and wished everyone a happy holiday season and happy and healthy new year. A moment of silence was observed for Clara Williams, the former Mayor of Riviera Beach. RE -ORDER AGENDA: Vice Mayor Jablin made a motion to re -order the agenda to next hear Resolution 126, 2000, followed by agenda items 11 and 12 since they were not heard at the last meeting. Councilwoman Furtado seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTION: Resolution 126, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Adopting the Interlocal Agreement with the Municipalities of Palm Beach County, Palm Beach County, and the Palm Beach County School District to Establish a County -Wide Public School Concurrency; Authorizing the Mayor and City Clerk to Execute the Interlocal Agreement; and Providing for an Effective Date. Interim Growth Management Director Steve Cramer reported staff was working on a letter of transmittal to go with the agreement, and that Palm Beach Gardens would be the last City to sign, which was verified by Commissioner Karen Marcus. Commissioner Marcus was questioned regarding the traffic light at BallenIsles on Northlake Boulevard, and assured the City Council that the County was aware of the situation. Councilwoman Furtado expressed concern that existing problems in the schools had not been addressed by the School Board and confirmed that there were currently only two lunches at the high school and that the cafeteria seating capacity according to the School Board was not the actual capacity. Mayor Russo commented the issue was that the problem had not been addressed because the School Board did not believe a problem existed. Leo Noble confirmed that if there was a problem the School Board would address it and confirmed that Howell Watkins Middle School was in the plan to be rebuilt or renovated. Tom Lynch, Chairman of the School Board, pledged that the School District would work with the City to best locate the schools for the City. Mayor Russo commented no one was happy with the past actions of the School Board but he felt that now something positive could be done with the School Board, and although the plan was not perfect it was better than what had been. Councilman Sabatello questioned whether the agreement was legally binding for the School Board to satisfy the needs of the City and if they did not whether the City would have a claim against the School Board, which Mr. Noble verified. Councilman Sabatello explained that his biggest concern was if the City 0 CITY COUNCIL REGULAR MEETING, 12/21/00 2 delivered 5800 homes in five years and no schools were built, the City would really have a problem. Mr. Noble indicated the City staff should begin work with the School District staff to pinpoint the anticipated growth and bank land for schools when they were needed. Vice Mayor Jablin thanked Mr. Noble, Mr. Lynch, and Commissioner Marcus for their work on this project. Commissioner Marcus explained the State government was focused to fund the backlog of educational issues. Councilman Clark made a motion to approve Resolution 126, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ITEMS FOR COUNCIL ACTION: Appraisal of Preserve Lands. Finance Director Kent Olson discussed approving utilizing highest and best use as the appraisal method for appraising preserve lands, recommended eliminating cash in lieu of, and recommended off -site mitigation. Providing direction to developers as to parcels of land the City wished to have preserved with designation of those parcels as open space was discussed. Realtor Robert Groover commented it would be very difficult to maintain small areas as preserves; discussed tests used by an appraiser to determine highest and best use, and indicated value and dollars should not be tied to mitigation. Hank Gonzalez indicated he was representing Palm Beach Community Church as well as himself, agreed with the City Forester that larger preservation properties were preferable, and predicted the development community would be happy to work with the City Forester; but requested cash in lieu of not be removed at this time. Rick Greene, Vice President, DiVosta & Company, reported there was no place to mitigate within the City, favored creation of a land bank or contributing money for recreation, and cautioned there could be conflicts between preserving uplands and drainage requirements. Mr. Greene stated his agreement that the option of cash in lieu of should not be removed, and requested DiVosta not be required to preserve one acre at The Isles in exchange for the almost 7 acres they had provided as upland preserve. Discussion ensued regarding The Isles project. Mayor Russo expressed concern that people could be penalized for doing the right thing and commented The Isles had used 6.6 extra acres of their land at a cost of approximately $1 million to provide lakes for drainage; Councilman Clark indicated this was an alternative chosen by the petitioner. Ken Blair, Catalfumo Construction and Development, indicated he was pleased the City had identified a piece of property they could buy; requested keeping cash in lieu of as an alternative using highest and best use as preserved land, and consider setting a flat per square foot price such as 55 cents per square foot to be reviewed annually. Mr. Blair expressed concern that if using highest and best use of the property in its final zoning was utilized, that could have the effect of lowering the value of property within Palm Beach Gardens. John Gary encouraged not doing away with cash in lieu of, and favored each developer paying the same for the amount of land they must preserve. Larry Smith commented if the City acquired a large piece of land for mitigation each developer would know the cost. Donaldson Hearing, Cotleur & Hearing, encouraged the City to maintain flexibility, commented focus should be on the big picture by providing large enough preserves to maintain wildlife and to be ecologically sustainable long- term, recommended looking at each project's mitigation on a case by case basis, and cautioned that mitigating off -site did not mean a project would have less trees or less open space, since the City Forester was very diligent about encouraging preservation of trees, etc. Councilman Sabatello commented that satisfying the conditions would drive the price of the land higher, and dollars and value should not be considered when swapping land for land. Councilman Sabatello favored maintaining the current flexibility and favored the flat square foot price suggested by Mr. Blair with 0 CITY COUNCIL REGULAR MEETING, 12/21/00 3 the City collecting the dollars and selecting the proper land for use by the residents. Councilman Sabatello explained that a developer could provide mitigation on -site and not meet the intent, and expressed his opinion that in this matter intent was more important than the code. Councilman Clark wanted to assure there would be no economic incentive to pay the City money rather than preserving land. Direction to the City Forester was to report at the next meeting properties he had been able to identify that could serve as off -site mitigation lands. Robert Groover indicated he agreed with the staff recommendation that the City Forester find a parcel suitable for preservation and indicated he was not in favor of doing away with the cash alternative. Mr. Groover cautioned that limiting use of a specific piece of land to preservation would make an appraisal of that land very low. Executive Search Firm - City Manager. City Manager Ferris reported two responses had been received and staff recommendation was to retain the search firm of Rachlin, Cohen, & Holtz. Mr. Colin Baezinger, Manager of Municipal Consulting Services for Rachlin, Cohen, & Holtz, indicated he was available to answer any questions. Councilman Sabatello requested information regarding background checks. Mr. Baezinger reported how he conducted background checks, and indicated he would provide a summary report to the City with a list of people spoken to but not what each person said. Mayor Russo requested copies of the newspaper archive articles. Mayor Russo expressed preference for someone familiar with Florida, and Mr. Baezinger commented he would prefer to do a Florida search but would try to locate candidates who had dealt with growth similar to that of Palm Beach Gardens. Councilwoman Furtado favored a national search so as not to limit ideas to one way of thinking. Councilman Sabatello commented the candidates would be judged on their merits. Councilman Clark made a motion to approve the staff recommendation to retain Rachlin Cohen & Holtz. Councilwoman Furtado seconded the motion, which carved by unanimous 5 -0 vote. ITEMS FOR DISCUSSION: Ordinance 35, 2000 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Tenet of South Florida Health Systems for an amendment to the Palm Beach Gardens Medical Center Planned Unit Development which was originally approved by Ordinance 28, 1991 and was subsequently amended by Resolution 92, 1992, Resolution 3, 1995 and Ordinance 26; 1995; approving a change in uses of 81,600 square -feet of previously approved unbuilt medical center uses located at the southeast corner of Burns Road and Gardens East Drive, 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. Mayor Russo announced that this Ordinance had been voted on for First Reading but because of lack of time had not been discussed; therefore, it would be discussed at tonight's meeting. Senior Planner Ed Tombari reviewed the staff report. The Fire Chief was not in favor of the waiver for parking spaces because of the current parking problems making it difficult for access by fire rescue vehicles. Ed Oliver, Oliver Glidden & Partners, agent for the Petitioner, introduced those present on behalf of the petitioner and provided a presentation. Clint Matthews, Chief Executive Officer, reviewed the proposed increase in beds. Councilman Sabatello questioned whether more space should be allowed for storage. Staff was requested to address traffic concerns. Improved landscaping was discussed. In response to a suggestion to move the doctors' parking, Mr. Matthews explained emergency room doctors needed the ability to get in and out quickly, but the patient and valet parking would be studied to see if they might be relocated. The petitioner was advised that 0 CITY COUNCIL REGULAR MEETING, 12/21/00 4 additions to the architecture would be appreciated, and that the Fire Chief must be comfortable with access before the next meeting. Harvey Stern, President, Oaks East Homeowners Association, commented he did not see how traffic for this project could be addressed without considering St. Mark's. Mayor Russo indicated to the City Engineer that the whole traffic situation for both projects must be addressed, and that a median maintenance agreement would be needed if there were a median. CITY MANAGER REPORT:: Status of Building_ Permit- Veridian Office Building - City Engineer Dan Clark reported the construction plans had been reviewed and several issues had been identified that still needed to be addressed, including getting copies of the South Florida Water Management District's construction permits from the developer. Customer Service Report — Dr. Beth Ingold Love reported that included in the packets for the City Council was an executive summary of a customer service study conducted during July 2000. Dr. Robert Hays, owner of Haysmar, Inc, a market research and behavioral research firm located in Jupiter, Florida, provided a presentation of contacts made to City departments, analysis of the responses, and recommendations for improvement. Mr. Hays explained that this study had established a baseline for future studies. Councilman Sabatello suggested a mid -point internal study be done before bringing this firm back. Municipal Clerk Designation - City Manager Ferris congratulated City Clerk Carol Gold on achievement of the Master Municipal Clerk Designation through completion of her third level of the Master Municipal Clerk Academy, making her the 12th Municipal Clerk in the State of Florida to receive this designation of 170 nationwide. The City Manager thanked Carol for her hard work and for bringing a credit to the City. Mayor Russo also congratulated Carol and expressed appreciation for her work. COMMENTS FROM THE PUBLIC: Harvey Stern, President of The Oaks East Homeowners Association, requested removal of 31 trees with which there were problems out of the 1100 trees in their development without amending the PUD, which would be costly. City Forester Mark Hendrickson reported he had inspected each tree and only two were immediate problems, but estimated that all street trees would eventually become a problem. Discussion ensued. Suggested options were all costly. Direction was that the City Forester work with the residents to find a solution. Mayor Russo requested that a majority of The Oaks residents be in favor of the chosen solution. Mr. Stern indicated that a vote would be taken at the February annual meeting. CONSENT AGENDA: Mayor Russo requested removal of item (f) - Cancer Survivor Park, and item (p) - Design/Build of Park Storage Facility. Councilman Clark moved approval of the remaining items on the Consent Agenda. Vice Mayor Jablin seconded the motion. Motion carried by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the November 13, 2000 Workshop City Council Meeting. 2. Consideration of approving Minutes from the November 14, 2000 Workshop City Council Meeting. 3. Consideration of approving Minutes from the November 30, 2000 Special City Council 0 CITY COUNCIL REGULAR MEETING, 12/21 /00 5 Meeting. 4. Consideration of approving Minutes from the December 5, 2000 Special City Council Meeting. 5. Roller Hockey Rink Consideration of awarding bid for dasher boards and surface coating. 7. Fire Department Vehicles. Consideration of replacing one Suburban and one Caprice. 8. Resolution 127, 2000 - Mirasol Plat - Spine Road (a.k.a. Plat Two). Consideration of approving Mirasol Plat - Spine Road (a.k.a. Plat Two). 9. Resolution 128, 2000 - Mirasol Plat - Parcel 1. Consideration of approving Mirasol Plat Parcel 1. 10. Resolution 129, 2000 - Mirasol Plat - Parcel 2. Consideration of approving Mirasol Plat Parcel 2. 11. Resolution 130, 2000 - Mirasol Plat - Parcel 3. Consideration of approving Mirasol Plat Parcel 3. 12. Resolution 131, 2000 - Mirasol Plat - Parcel 4. Consideration of approving Mirasol Plat Parcel 4. 13. Resolution 132, 2000 - Mirasol Plat - Parcel 5. Consideration of approving Mirasol Plat Parcel 5. 14. Long -term Disability Insurance. Consideration of awarding the long -term disability insurance proposal to Sun Life of Canada. 15. Funding North Palm Beach Transportation Forum. Consideration of approving the expenditure of $5,000.00 to fund the North Palm Beach County Transportation Forum. Cancer Survivor Park - Mayor Russo expressed concern that the proposed site might be better utilized for other recreation facilities. Recreation Director Sue Miller indicated that the land was originally intended to replace the activities of Tanglewood Park, designated as a passive park, and that staff felt the site was not conducive to active recreation. Discussion ensued. City Engineer Clark indicated a portion of the site was necessary for drainage. Councilman Clark indicated that the letter of intent was not binding upon the City to proceed further. Councilman Clark moved approval of the proposal to approve a conceptual plan and enter into a letter of intent with H &R Block for the Cancer Survivor Park Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Awarding Contract for Design/Build of Park Storage Facility - Recreation Director Sue Miller verified that the cost under design/build was anticipated to be 1/3 less than conventional construction, that there was a set cost of $540,000, and the conventional method would be $700,000 - $800,000. Mayor Russo indicated he wanted to be kept up to date during the design/build project. It was announced that Building Official Jack Hanson would be the Project Manager. City Attorney Len Rubin noted the substantial completion date was July 11 and the project was to be ready for final payment by July 23. Councilman Clark moved approval of the staff recommendation. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. PUBLIC HEARINGS: Ordinance 30, 2000 - Mayor Russo declared the public hearing open, held on the intent of Ordinance 30, 2000. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilman Clark made a motion to approve Ordinance 30, 2000 on Second Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read 0 CITY COUNCIL REGULAR MEETING, 12/21/00 6 Ordinance 30, 2000 on Second Reading by title only: An Ordinance of the City of Palm Beach Gardens, Florida, Providing for Approval of the Application of the Benjamin Private School, Inc., for Rezoning of 50 Acres of Land, Located at the Northwest Corner of the Intersection of Central Boulevard and an Unnamed Future East -West Road as more particularly described herein, from Planned Development Area (PDA) to Public/Institutional (P/1) with a Planned Unit Development (PUD) Overlay, in Order to Construct a 187,671 Square Foot Private High School Campus; Providing for Waivers; Providing for Conditions of Approval; Providing for Severability; Providing for Conflicts; and Providing for an Effective Date. RESOLUTIONS: Resolution 97, 2000 - City Forester Mark Hendrickson reviewed the staff report for Resolution 97, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from Communities Finance Company requesting Approval for Removal of Exotic Vegetation, and Conceptual Upland Preserve Set Aside for Parcels 4.03 and 4.06 located at the Southwest Corner of Alternate AIA and Donald Ross Road, as more particularly described herein; Providing for Conditions of Approval, and Providing for an Effective Date. A representative from WCI Communities spoke in favor of the project. Sam Wiley, Environmentalist, explained the advantages of the proposed project, and pointed out the locations on the map where vegetation was proposed to be removed. Councilman Clark moved approval of Resolution 97, 2000. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 105, 2000 - Senior Planner Talal Benothman reviewed the staff report for Resolution 105, 2000 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of a Site Plan for a Senior Assisted Living Facility (La Posada) located within the Regional Center Development of Regional Impact (DRI) Consisting of 301 Units, as more particularly Described herein; Providing for Six Waivers to Allow the Addition of 209 Covered Parking Spaces, the Location of Covered Parking Spaces within the Required 100 -Foot Setback, the Elimination of Two Sidewalks, a Reduction in the 15 -foot Landscape Buffer, the Reduction in the Street Side Setback along the Eastern Perimeter, and the Encroachment of Structures within the Lake Maintenance Easement Tract; Providing for an Amendment to the Master Signage Program for the DRI as Adopted in Resolution 64, 1998 to Modify the Design and Location of the Permitted Signs and Add Two Directional and Two Directory Signs to the Master Signage Program; Providing for Conditions of Approval; and Providing for an Effective Date. Mr. Benothman indicated language had been drafted for a condition of approval relating to the maintenance of the on -site medical facility as requested by the City Council. The proposed condition was read into the record by Dodi Glas, representative for the Petitioner: Item 11 - The Petitioner agrees to provide on -site services that include an emergency response communication system for each independent living, assisted living, and Alzheimer's living unit that would provide an emergency response communication system monitored 24 hours a day by La Posada staff. The skilled care community will be provided with a full UL rated nurse call system and monitoring control devices would also be employed in the skilled care and Alzheimer's living areas. Ms. Glas reviewed proposed site plan changes since the last meeting. Architect Craig Davis discussed the aesthetics of the covered parking; however, the City Council indicated that the plan was not proper. Direction to the applicant was that the proposed condition (11) was acceptable and this item could be presented as a Consent Agenda item at the next meeting if proper plans had been submitted and were acceptable. ! CITY COUNCIL REGULAR MEETING, 12/21/00 7 ORDINANCES: Ordinance 32, 2000 - Planner John Lindgren reviewed changes since the last meeting for the St. Mark's School project, Ordinance 32, 2000 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, Providing for the Approval of an Application from St. Mark's Church, Inc., for an Amendment and Expansion of a Planned Unit Development by Approving the Construction of a 14,000 Square -Foot School Building, a 945 Square -Foot Church Addition, and a Two (2) Year Time Extension for a Trailer on an 11 Acre Site, Located at the Northeast and Northwest corners of Bums Road and Gardens East Drive, 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. Fred Schwartz, Kimberly -Horn Associates, provided an explanation of the traffic circulation plan. Principal Melba Hardy explained the staggered arrival and dismissal times, and that parking across the road would be immediately implemented. Discussion ensued. Petitioner agreed to remove the trailer at the end of the current school year. Direction was to monitor traffic management so that it could be discontinued if not needed and re- implemented at the direction of the City. Harvey Stern, President, The Oaks East Homeowners Association, thanked St. Mark's for the work they had done but indicated he was not sure they had completely addressed the traffic problems and indicated his main concern was that the traffic analysis submitted by the school had contained 1998 -1999 traffic numbers. Mr. Stern indicated there should be new numbers for Burns Road after it was widened, and there would be additional traffic as a result of the new medical office building at the hospital. Mayor Russo requested an additional condition that if the traffic did not work that the City could require the school to spread out their staggered times. Second reading for this item was planned for the second City Council meeting in January. Councilman Clark made a motion to place Ordinance 32, 2000 on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 32, 2000 on First Reading by title only. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilwoman Furtado announced FDOT had approved installation and payment for landscaping on Northlake Boulevard at 1-95, and the City would only need to provide maintenance. Mayor Russo reported he had attended the Chamber of Commerce meeting with the mayors forming the Economic Development Group for North County, which he believed was going in a good direction. Mayor Russo indicated he had thought the Tuesday meetings were to be workshops between Council and staff and were not to have petitioners providing input. Discussion ensued regarding the proper format. Consensus was not to allow petitioners to speak at the meeting, and to change the meeting. day from Tuesday to Monday so that all members of the City Council could attend. Mayor Russo announced he planned to send letters of congratulation to the football coach at Palm Beach Gardens High School and at Dwyer High School, in recognition of the two players of the year. • CITY COUNCIL REGULAR MEETING, 12/21/00 8 ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilman Clark, carried 5 -0, the meeting was adjourned at 11:30 p.m. APPROVAL: [7 ATTEST: CAROL GOLD CITY CLERK • MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO • • d, CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 8, 2001 Meeting Date: January 18, 2001 Subject/Agenda Item Resolution 8, 2001 — Regional Center - Parcel 27.04 Plat Recommendation /Motion: There are no Engineering concerns with this plat, therefore approval is recommended. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Growth Management (Total) City Attorn [ ] Approved $ 0 [ ] Approved w/ Current FY conditions ACM [ ] Denied Other Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ X ] Not Required [ ] Other Memorandum S "milted bye eS"anC Donahue eP.E Department Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Man er X ] Not required BACKGR *: See attached memorandum. • • • RESOLUTION 8, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE REGIONAL CENTER - PARCEL 27.04 PLAT AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the Regional Center - Parcel 27.04 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: SECTION 1. The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Regional Center - Parcel 27.04 Plat consisting of two (2) sheets dated October 2000, prepared by Lidberg Land Surveying, Inc., attached hereto as Exhibit "A ". SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: Carol Gold, CMC, City Clerk VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello DAY OF Joseph R. Russo, Mayor APPROVED AS TO LEGAL FORM AND SUFFICIENCY. City Attorney AYE NAY ABSENT f OONSULTING CIVIL ENG NEERS, SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS • "Partners for Results Value by Design" 050 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold FROM: Sean C. Donahue, P.Ee DATE: December 28, 2000 FILE PTO. 004139 SUBJECT: Regional Center - Parcel 27.04 Attached please find the original plat for the referenced project prepared by Lidberg Land Surveying, Inc. We have reviewed this plat and have found it to be technically compliant with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. Therefore, we recommend its approval. 3 Also attached are paper copies of identifying portions of the plat for your reference. SCDI cc: Steve Cramer Ken Blair- Catalfumo Construction & Development, Inc. 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D Z d< <�7< 0 F7W LIM �CL ig W W Y g- WW OjW4V 5H N1 Ol_�O1 < N 3 u i ! fW�y OC I-It NL aaQQ LJ1NWy Za[t� ppW�p w WYJL��Nppy�Q$Q.1 urn, 00KJ' Y may. i< {�i O< O NrK' yr�J� g�¢q LL1py0. 1p�� =rpFyypl,,Np�< W «S7Z��O 1 a!(�FWF�Air/�w 1� 1 I�.f 7Of • b vt✓ CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 8, 2001 Meeting Date: January 18, 2001 Subject/Agenda Item Resolution 9, 2001— BellSouth Building Expansion Plat Recommendation /Motion: There are no Engineering concerns with this plat, therefore approval is recommended. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Growth Management (Total) City Attomey [ ] Approved $ 0 [ ] Approved w/ Current FY conditions ACM [ ] Denied Other Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ X ] Not Required [ ] Other Memorandum Submitted can C. Donahue, P.E. Department Director Affected parties .. ( 1 Notified Budget Acct. #: [ ] None Approved by: City Mana er ( X ] Not required BACKGRO64: See attached memorandum. • • RESOLUTION 9, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE BELLSOUTH BUILDING EXPANSION PLAT AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Engineer has reviewed the BellSouth Building Expansion 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: SECTION 1. The Mayor and City Clerk are hereby directed and authorized to November 2000, prepared by Caulfield and Wheeler, Inc., attached hereto as Exhibit "A ". SECTION 2. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS ATTEST: Carol Gold, CMC, City Clerk VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello DAY OF Joseph R. Russo, Mayor APPROVED AS TO LEGAL FORM AND SUFFICIENCY. City Attorney AYE NAY ABSENT PINC. ISCONSULTING CIVIL ENGINEERS_ SURVEYORS & MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIs • "Partners for Results Value by Design" 050 S.W. Corporate Pkwy. Palm City, FL 34990 (56.1) 286 -3883 Fax:: (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold FROM: Sean C. Donahue, P.E. tp DATE: December 28, 2000 FILE NO. 99 -4070 SUBJECT: BellSouth Building Expansion Attached please find the original plat for the referenced project prepared by Caulfield & Wheeler, Inc. We have reviewed this plat and have found it to be technically compliant with Chapter 177 of the Florida Statutes- and the City of Palm Beach Gardens requirements. Therefore, we recommend its approval. Also attached are paper copies of identifying portions of the plat for your reference. SCD/ . cc: Steve Cramer David Lindley - Caulfield & Wheeler, Inc. PAPROJECTSIPBGMEMO\4070\4070zb A UeM l w (n 03M31A ON Ix o 0 ' o In 00'00£ y (N0LLdI80S30),ti4,,iz -o 3„00,0 LOOS 168,191Y 3.00101.885 i LL.. �f M Y O ` C4 O 0 � O Q Q N Z 2n �33 / O U"O tiMo O Z a Zbj= Wv- I �. Z 1 8 e' MZw how_ ZZ S $ o m Z O W a a — 031V01t UZa w Wzz ,00•at ° �v � to cat d' o N O � Cy w} o ° d W rz F Vi J LL Z C) s C) zw N °o a��o a� W � 3 0 1Q o UP 0 0 as g � 1�1 �Wa O .0 U ON �a z U U ` W w O °a zw °o a cn d W pq W W o a Q _ <3 4`3JJ ° o �m W YZ U Ho U Q W m a a Q W O Z Q Z W � N J� N < N 0 W 1 m = O Q ZNN° < IL,-Lj6lpF' =N o WW 0°o� 0 YYff tN- MN On Sz < °z 7d 1,0:1909M V. -Z ir- W ��=z' -�{Y°Yz j� fig.: mOFZm <N�NOw 7 J CL w1,� Z F W W � F= r � Q � U <Z�W L O �I. M �, a P.09 K UNNr, 1�� � SSj w <ti : DO: W W LJ . �ig�yF-a o N W g is t -'j gi < gfc`��v aN��Wy�C ��H a 0 O Obi O Q ZNmw <0O(A O z zyt`wzoaQiw�`J` in Z0�N rn jzm I<n =) W j 0< to r w N 00 I mJ w I YMO N Ip J w a n 4. I'7 z p I W C J Q J 0 wDa ao I mcr El c<i 0 Jlna� w O zbl;q W-p1�h! is - LL-wNp n • ►- QwQ� U I< 60 M O rl m W W o a Q _ <3 4`3JJ ° o �m W YZ U Ho U Q W m a a Q W O Z Q Z W � N J� N < N 0 W 1 m = O Q ZNN° < IL,-Lj6lpF' =N o WW 0°o� 0 YYff tN- MN On Sz < °z 7d 1,0:1909M V. -Z ir- W ��=z' -�{Y°Yz j� fig.: mOFZm <N�NOw 7 J CL w1,� Z F W W � F= r � Q � U <Z�W L O �I. M �, a P.09 K UNNr, 1�� � SSj w <ti : DO: W W LJ . �ig�yF-a o N W g is t -'j gi < gfc`��v aN��Wy�C ��H a 0 N r W OZ O Q ZNmw <0O(A O z zyt`wzoaQiw�`J` in jzm I<n =) OO W<Z NQy Ci. li UZZVZFZZ�w3d1y,�=o'r�°oo� v �Om N•tV�yU WO �WQ IWVW .tom. CL m =_ tn <ONUZWOw. 3 N O zzOOQ<ZUiJniiG7 0�0 ^o�NQ�ZmNw d El c<i ~WWp Wa�yJ pLl� <1.�1j 01-<Ua a�Qx w O zbl;q W-p1�h! is - % n • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 • l • '0-j SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 11, 2001, a request to approve a site plan amendment, including one waiver from the Land Development Regulations for replacement of a monument sign. RECOMMENDATION Staff recommends approval of Resolution 11, 2001. Reviewed by: City Attorney Originating Dept.: Growth ap Bement Costs: $ Total Council Action: [ ]Approved Finance � L,— $ [ ) Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Funding Source: [ ) Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other • Resolution 11, 2001 • Site plan • POA approval letter [X] Not Required • Sign Elevations S ted by: jh a emen Affected parties Budget Acct. #:: Direct [ ] Notified [ ] None Approved by: City Man er [X] Not required City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition MISC -00 -18 REQUEST Ernie Toth, agent for SEC /Southeast Commercial Realty, is requesting a site plan amendment for the construction of a new monument sign within the median of the entrance to Shoppes on the Green Shopping Center. The proposed location does not provide for sufficient landscape area, as is required by City Code. The Shoppes on the Green Shopping Center is located within the PGA National Resort Community PCD-on Fairway Drive, approximately 1/8 of a mile southwest of the PGA Boulevard /Florida Turnpike Interchange (10- 42S -42E) BACKGROUND The PGA National Resort Community was approved by Resolution 43, 1978. The Shoppes on the Green Site Plan was approved by Resolution 1, 1986. The Shoppes on the Green site plan provided for a ground sign within the entrance drive median off of Fairway Drive. The existing ground sign currently does not meet code, as the sign is not a monument sign. It exceeds 15 feet in length, and is located within an insufficient landscaped area. The petitioner wishes to replace the existing fourteen year old sign with a new sign. The petitioner has received approval from the 'PGA Property Owners Association. LAND USE & ZONING The subject site is zoned Planned Community District with an underlying zoning of CG -1 General Commercial, has a future land -use designation of Commercial, and is listed as Commercial on the Vision Plan. Table 1 examines the consistency of the proposed project is with the City Code and future land -use designation for the site. PROCEDURE This is a request to amend a Site Plan within a PCD. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for amendment to a Site Plan within a PCD, and makes a final determination of approval, approval with conditions, or denial. 0 2 s� yy 11i'�9AL�6�►NK� � ����� _, 31 • City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition MISC -0048 COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Planning and Zoning Division Planning and Zoning Division staff has reviewed the petition and notes that the proposed sign complies with all code requirements with the exception of the landscape area requirements. The petitioner has made sufficient effort to minimize the number of waivers requested. In addition, the proposed sign will be in greater compliance with the code than the existing sign. Based on this interpretation, staff recommends approval of this petition. Building Division Building Official Jack Hanson has reviewed the petition and has no concerns regarding the requested waiver from the sign code. Engineering Assistant City Engineer Sean Donahue has reviewed the proposed sign location and noted that it was out of the safe site triangle and posed no threat to traffic circulation safety. RECOMMENDATION Staff recommends approval of petition MISC- 00 -19, which includes the following waiver request: Waiver from Section 138 Permitted signs, requirement for ground signs being landscaped as provided: (c) (2) Side: minimum width of the landscaped area shall be not less than the height of the sign. The petitioner is requesting a waiver of four feet from the required eight -foot landscaped area. 4 • January 4, 2001 RESOLUTION 11, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE SITE PLAN, INCLUDING APPROVAL OF A WAIVER FROM SECTION 136 OF THE LAND DEVELOPMENT REGULATIONS, TO ALLOW FOR A MONUMENT SIGN TO BE LOCATED IN AN INSUFFICIENT LANDSCAPE AREA AT SHOPPES ON THE GREEN LOCATED AT 7100 FAIRWAY DRIVE WITHIN THE PGA NATIONAL PLANNED COMMUNITY DEVELOPMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from SEC /Southeast Commercial Realty, to approve an amendment to the site plan, including approval of a waiver from Section 138 of the Land Development Regulations, to allow for a monument sign to be located within an insufficient landscape area at Shoppes on the Green located at 7100 Fairway Drive within the PGA National Planned Community Development; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has reviewed this petition and has recommended approval. 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 waiver from Section 138 of the Land Development Regulations, to allow for an amendment to the site plan, including approval of a waiver from Section 138 of the Land Development Regulations, to allow for a monument sign to be located in an insufficient landscape area at Shoppes on the Green located at 7100 Fairway Drive within the PGA National Planned Community Development. Resolution 11, 2001 Page 1 Section 2. The following waivers are hereby granted with this approval: Section 138 (c): General Standards (1) One waiver: Eight foot high monument sign located with a side width of landscaping equal to four feet, a waiver of four feet from the code requirement of eight feet. Section 3. Said waivers shall be consistent with plans filed with the City's Growth Management Department as follows: (1) December 15, 2000 Site Plan/Elevation, Sign Craft, 2 Sheets (2) August 15, 2000 Sign Elevation, Sign Craft, 1 Sheet Section 4. Said approval shall be consistent with, and expressly incorporates, all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 5. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. 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 7. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE ATTEST: CAROL GOLD, CITY CLERK Resolution 11, 2001 Page 2 DAY OF , 2001. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. 0 BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN _ COUNCILPERSON SABATELLO COUNCILPERSON FURTADO _ COUNCILPERSON CLARK _ /et \FILE SRWOMPROMShort Range\misc0019re.doc • Resolution 11, 2001 • Page 3 it By: PGA PROPERTY OWNERS ASSOC ; 561 622 6324; —toMis 06r) brr M • 29 Sep 00 11:27; Job 730;Pege 1/1 PGA PRGPERw OWNERS ASSCtmnOK INC Slroppes On'Ibe Orem 7100 Fairway Drive, Sulu 29 Palm �Arh CWdms, Florida 33418 April 7, 2000 SIGN CRAFT 8355 Garden Road 10 Riviera Beach, Fl. 33404 Attention: Mr. Ernest Toth Jr. Senior Sales Executive widens P.�LS�I�Fp - ssli a 6614 vv1 vk)w1N pf.PAR Fax Note Dear Mr. Toth: The PGA Property Owners Association Architecaual Review Committee met and reviewed your request to erect a new entrance sign at Shoppes on the Green. It is the decision of the Committee to approve the submittal as shown on your drawing number 2790 -A which shows the deletion of the tenant names as revised on 3113/00. A concern of the Committee- is that the "safe corner'' condition be met so that the line of sight not be blocked. Sincerely, _ hn Meettenz PiwMr of Architectural Review and Compliance CC: W. Robert G1ra4 Senior property Manager SEC CON04ERCIAL REALTY PR-17-00 MON 01:14 PM ------ -- At • 1 a .: c� •.�a�w, �Nt _ DIU AS • `N . • -cis �'. • � Ste: , . '� � • •�. IS XA C5/ • ul 3 �s f kl,�l 5 -S vaev AdOO o -S Ir i -Z 4 zz 11 Y �Z 4 j, .... . . . ea 77: ois 7' SIN 39 "%Edo& 06 Av� ALF Aqq a F.moo. "%Edo& 06 Av� ALF Aqq 1 * m 40 IS 1 * m 40 • • �tb CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 01/08/01 Meeting Date: 01/18/01 Subject/Agenda Item Resolution 14, 2001, Authorizing the City to Enter Into an Interlocal Agreement to Create a Debt Pool called the Florida Intergovernmental Finance Commission. Recommendation /Motion: Consider a motion to approve Resolution 14, 2001. Reviewed by Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorne Finance [ ] Approved $ 0 [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ X ] Not Required ( ] Other Memorandum Submitted by. Kent R. Olson, 1 RO Department Director Affected parties ( ] Notified Budget Acct. #: [ ] None Approved by. City Ma ag [ X ] Not required BACKGRPU: See attached memorandum. • • ' � a CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, Interim City Manager DATE: January 8, 2001 FROM: Kent R. Olson, Finance Director KRO SUBJECT: Resolution 14, 2001, Interlocal Agreement for Debt Pool BACKGROUND At the City Council meeting of December 7, Mayor Joseph Russo mentioned the City was exploring a variable rate debt option to fund the PGA Flyover contribution, the construction of Burns Road and the refinancing of the Golf Course debt. He noted that the variable rate financing would save a significant amount in debt service compared to a traditional fixed rate borrowing. As part of this process, the Mayor further noted that Palm Beach Gardens would be coordinating our efforts with other Florida cities to create a debt pool consisting of highly rated municipalities, including Coral Springs which is rated AAA for their general obligation debt. DISCUSSION In order to achieve this lower cost of borrowing through economies of scale, the City of Palm Beach Gardens needs to enter into an Interlocal Agreement to create the debt pool noted above. Resolution 14, 2001 creates this debt pool (the Florida Intergovernmental Finance Commission) consisting of two members, the City of Palm Beach Gardens and the City of Coral Springs. The debt pool would issue the debt to the public, and each City would borrow what amount it needed from the Commission. Each City would also repay the Commission only for what it borrowed; the City of Palm Beach Gardens would not be responsible for the debt of any other municipality. RECOMMENDATION Staff recommends adoption of Resolution 14, 2001, authorizing the City to enter into an Interlocal Agreement with the City of Coral Springs to create the Florida Intergovernmental Finance Commission. RESOLUTION 14, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE CITY TO ENTER INTO AN INTERLOCAL AGREEMENT AND TO BECOME A MEMBER OF THE FLORIDA INTERGOVERNMENTAL FINANCE COMMISSION; AUTHORIZING THE EXECUTION AND DELIVERY OF AN INTERLOCAL AGREEMENT IN CONNECTION AS DEFINED THEREIN; AUTHORIZING CERTAIN OTHER MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABMJTY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens, Florida (the "`City"), is duly authorized pursuant to the Florida Constitution and Chapter 166, Part Il, Florida Statutes, as amended, and other applicable provisions of law (collectively, the "Municipal Home Rule Powers Act ") to acquire and construct capital projects for the benefit of the citizens and residents of the City and to borrow money to facilitate financing and refinancing of the costs of such projects; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the " Interlocal Act "), permits governmental entities under the Interlocal Act, to enter into interlocal agreements with each other to jointly exercise any power, privilege or authority which such governmental entities share in common and which each might exercise separately permitting the governmental entities to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geographic, economic, population and other factors influencing the needs and development of such governmental entities; and WHEREAS, Section 163.01(7)(d) of the Interlocal Act, authorizes governmental entities, pursuant to an interlocal agreement, to create a separate legal entity to exercise the common power of the governmental entities to issue revenue bonds for the purpose of financing or refinancing capital projects pursuant to the Interlocal Act; and WHEREAS, the City Council of the City of Palm Beach Gardens believes it to be in the City's best interests to enter into an interlocal agreement with the City of Coral Springs, Florida (as more specifically defined hereinafter, the " Interlocal Agreement "), pursuant to which a separate legal entity will be formed; and WHEREAS, the City Council of the City of Palm Beach Gardens believes it to be in the City's best interest to become a member of the legal entity formed ,pursuant to such Interlocal Agreement (the " Florida Intergovernmental Finance Commission ") and to participate in the -1- 0 structuring of a financing program that will meet the financial needs of the City; and WHEREAS, the City wishes to approve the form of the Interlocal Agreement and to authorize the officers and employees of the City to take all action necessary to form a legal entity in accordance with the Interlocal Agreement and for the City to become a member of such legal entity in the manner contemplated by the Interlocal Agreement ( "Member "); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Beach Gardens, Florida, as follows: Section I. DEFINITIONS. Terms defined in the preambles hereof shall have the meanings set forth therein. All capitalized terms used herein which are defined in the Interlocal Agreement shall have the meanings assigned thereto in the Interlocal Agreement, unless the context hereof affirmatively requires otherwise. Section 2. FINDINGS. It is hereby found, determined and declared that: (A) The financing program which will be available ;through the interlocal entity formed pursuant to the Interlocal Agreement offers the City the economies of a large scale financing and a sophisticated structure which the City could not command in the market in solitary financings. (B) It is in the best interests of the City to enter into the Interlocal Agreement and to become a Member of the legal entity formed pursuant thereto. in order for the City to participate in the structuring of such financing program to meet its financing needs. Section 3. AUTHORIZATION OF PARTICIPATION AS. A MEMBER IN THE INTERLOCAL ENTITY; DESIGNATION OF DIRECTOR. The City hereby authorizes the participation of the City as a Member of the entity formed pursuant to the Interlocal Agreement and the City hereby designates the Director of Finance or his designee as its representative on the Board of Directors of such interlocal entity to act as a Director within the meaning of the Interlocal Agreement. Section 4. AUTHORIZATION OF EXECUTION AND DELIVERY OF INTERLOCAL AGREEMENT. The City Council hereby authorizes the execution and delivery of the Interlocal Agreement, in the form attached hereto as Exhibit "A ". The City Clerk shall deliver this Resolution and the executed Interlocal Agreement to Dunlap & Associates, as the Administrator of the interlocal entity. The provisions of the Interlocal Agreement, when executed and delivered by the City as authorized herein, shall be deemed to be a part of this instrument as fully and to the same extent as if incorporated verbatim herein. Section 5. NO PERSONAL LIABILITY. No covenant, stipulation, obligation or agreement herein contained or contained in the Interlocal Agreement shall be deemed to be a -2- • covenant, stipulation, obligation or agreement of any member, agent or employee of the City or its City Council in his or her individual capacity, and none of the members of the City Council of the City, any official executing the Interlocal Agreement or the representative of the City acting as the Director in accordance with the Interlocal Agreement shall be liable personally thereon or be subject to any personal liability or accountability by reason of the execution of the Interlocal Agreement, the actions of a Member in accordance therewith, or the performance of duties of a Director pursuant thereto. Section 6. NO THIRD PARTY BENEFICIARIES. Except as herein or in the Interlocal Agreement otherwise expressly provided, nothing in this instrument or in the Interlocal Agreement, expressed or implied, is intended or shall be construed to confer upon any person, firm or corporation other than the City and the City of Coral Springs, Florida any right, remedy or claim, legal or equitable, under and by reason of this instrument or any provision thereof or of the Interlocal Agreement, this instrument and the Interlocal Agreement intended to be and being for the sole and exclusive benefit of the City and the City of Coral Springs, Florida. Section 7. PREREQUISITES PERFORMED. All acts, conditions and things relating to the passage of this instrument, to the execution of the Interlocal Agreement required by the Constitution or laws of the State of Florida to happen, exist and be performed precedent to and in the passage hereof and precedent to the execution and delivery of the Interlocal Agreement have been performed as so required. Section S. GENERAL AUTHORITY. The members of the City Council of the City and the City's officers, attorneys, engineers or other agents or employees are hereby authorized to do all acts and things required of them by this instrument and the Interlocal Agreement or desirable or consistent with the requirements hereof or the Interlocal Agreement for the full, punctual and complete performance of all the terms, covenants and agreements contained in the Interlocal Agreement and this instrument. Section 9. FILING OF INTERLOCAL AGREEMENT. The Interlocal Agreement shall be filed of record in accordance with the provisions of the Florida Interlocal Cooperation Act, Chapter 163, Part I, Florida Statutes, upon acceptance of the Interlocal Agreement by the Administrator. Section 10. SEVERABILITY OF INVALID PROVISIONS. If any one or more of the covenants, agreements or provisions herein contained shall be held contrary to any express provisions of law or contrary to the policy of express law, though not expressly prohibited, or against public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separable from the remaining covenants, agreements or provisions and shall in no way affect the validity of the other provisions hereof or of the Interlocal Agreement. Section 11. AUTHORIZATION OF ALL OTHER NECESSARY ACTION. The -3- 45 • members of the City Council, the City Manager, the Director of Finance and his designees, the City Attorney, the Clerk and Deputy Clerk to the City are authorized and empowered, collectively, or individually, to take all action and steps to execute and deliver any and all instruments, documents or contracts on behalf of the City which are necessary or desirable in connection with the execution and delivery of the Interlocal Agreement and which are not inconsistent with the terms and provisions of this resolution. Section 12. REPEALING CLAUSE. All resolutions or parts thereof of the City in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 13. EFFECTIVE DATE. This instrument shall take effect immediately upon its adoption. INTRODUCED, PASSED AND ADOPTED this 18th day of January, 2001. 0 ATTEST: UAKUL CiULll, C;MU, U1.1 Y ULr;KK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO • AYE -4- MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY NAY ABSENT 0 EXHIBIT A INTERLOCAL AGREEMENT creating the 0 FLORIDA INTERGOVERNMENTAL FINANCE COMMISSION TABLE OF CONTENTS Page ARTICLEI DEFINITIONS ............................................................................... ..............................3 ARTICLE II THE COMMISSION .................................................................... ..............................5 Section2.01. Creation ............................................................................ ..............................5 Section2.02. Purpose ............................................................................. ..............................5 Section2.03. Powers .............................................................................. ..............................5 Section 2.04. Powers Not Exclusive ...................................................... ..............................5 Section2.05. Membership ..................................................................... ......................... .....5 Section 2.06. Duration of Commission .................................................. ..............................6 ARTICLE III MEMBERSHIP AND REPRESENTATION .............................. ..............................7 Section3.01. Membership ..................................................................... ..............................7 Section 3.02. Representation .................................................................. ..............................7 Section3.03. Action ............................................................................... ..............................7 Section 3.04. Election of Board; Duties of Board; Appointment ofAdministrator ............................................................................... ..............................8 Section 3.05. Authority of Officers ........................................................ ..............................8 Section3.06. Resignation ...................................................................... ..............................8 Section3.07. Expenses .......................................................................... ..............................9 Section 3.08. Liability and Insurance ..................................................... ..............................9 Section3.09. Meetings .......................................................................... .............................10 Section3.10. Rules ............................................................................... .............................10 ARTICLEIV THE BONDS ............................................................................. .............................11 Section4.01. Bonds .............................................................................. .............................11 Section 4.02. Bond Proceeds ................................................................ .............................11 Section 4.03. Limited Obligations ........................................................ .............................11 Section4.04. Validation ....................................................................... ..............................1 l ARTICLE V MISCELLANEOUS .................................................................... .......:.....................12 Section 5.01. Delegation of Duty .......................................................... .............................12 Section5.02. Filing ............................................................................... .............................12 Section 5.03. Immunity; Exemptions .................................................... .............................12 Section 5.04. Limited Liability ............................................................. .............................12 Section5.05. Amendments ................................................................... .............................12 Section 5.07. Controlling Law .............................................................. .............................12 Section5.07. Effective Date ................................................................. .............................12 i THIS INTERLOCAL AGREEMENT (the "Agreement ") entered into by and among certain governmental entities, each one located in the State of Florida with their participation evidenced by the signatures of their authorized representatives (the "Members "); WITNESSETH WHEREAS, each of the Members has the power to borrow funds, contract loans and issue obligations pursuant to applicable law; and WHEREAS, Part I of Chapter 163, Florida Statutes, as amended (the " Interlocal Act'), permits the Members, as governmental entities under the Interlocal Act, to enter into interlocal agreements with each other to jointly exercise any power, privilege or authority which such Members share in common and which each might exercise separately permitting the Members to make the most efficient use of their power by enabling them to cooperate on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that accords best with geographic, economic, population and other factors influencing the needs and development of such Members; and WHEREAS, Section 163.01(7)(d) of the Interlocal Act, authorizes the Members, pursuant to an interlocal agreement, to create a separate legal entity to exercise the common power of the Members to issue revenue bonds for the purpose of financing or refinancing capital projects pursuant to the Interlocal Act; and WHEREAS, the City of Coral Springs and the City of Palm Beach Gardens have determined that there is a substantial need to create such a legal entity to issue obligations to provide funding to governmental entities located in the State of Florida, including the Members, in order to finance or refinance capital projects within said governmental entities; NOW, THEREFORE, in consideration of the mutual covenants herein and in the Resolutions (as hereinafter defined), it is mutually agreed and understood by and among the Members that now or may hereafter execute this Agreement, that the Florida Intergovernmental Finance Commission, a legal entity and public body corporate and politic and a unit of local government for all of the privileges, benefits, powers and terms of the Interlocal Act (the "Commission "), is hereby created and charged with the structuring, administration and execution of the hereinafter described Program as follows: 0a • ARTICLE I DEFINITIONS The following definitions shall govern the interpretation of this Agreement: "Act" shall mean, collectively, Part I of Chapter 125, Part II of Chapter 166 and Part I of Chapter 159, Florida Statutes, as amended and other applicable provisions of law. "Administrator" shall mean such program administrator selected by the Commission to administer the making, originating and servicing of the Loans or any portion thereof and to act as the Commission's agent as set forth in a Program Administration Agreement between the Commission and the Administrator. The initial Administrator shall be Dunlap & Associates. "Agreement" shall mean this Interlocal Agreement, including any amendments or supplements hereto, executed and delivered in accordance with the terms hereof. "Board" or "Board of Directors" shall mean the board of directors of the Commission, such Board consisting of representatives of each governmental entity that is a Member chosen in the manner set forth in Article IH hereof. "Bonds" shall mean the bonds, notes (including commercial paper notes) or other obligations issued by the Commission pursuant to the terms of an Indenture or Indentures as described in Article IV of this Agreement. "Commission" shall mean the Florida Intergovernmental Finance Commission, a legal entity and a public body politic created pursuant to the provisions of this Agreement, the Interlocal Act and the Act. "Director" shall mean each person serving as a member of the Board of Directors. "Indenture" shall mean an indenture of trust to be entered into by and between the Commission and a qualified trustee bank or banks or a resolution of the Commission, including any amendments or supplements thereto executed and delivered in accordance with the terms thereof. The Indenture shall be in such form and contain such provisions, covenants, representations and restrictions as shall hereafter be approved by the Commission. " Interlocal Act" shall mean Part I of Chapter 163, Florida Statutes, as amended. "Loan" means an amount equal to the outstanding balance under a particular Loan Agreement or Participation Agreement. "Loan Agreements" or "Participation Agreements" shall mean the agreements, including the exhibits attached thereto, which the governmental entities shall execute prior to borrowing funds through the Program, which Loan Agreements or Participation Agreements shall be in the form approved by the Commission. 3 "Member" shall mean a governmental entity which is a duly authorized member of the Commission pursuant to the provisions of this Agreement. Public agencies, municipalities and counties may participate in the Program and borrow proceeds of the Bonds, regardless of whether such governmental entities become Members of the Commission. "Pro Rata Share" shall mean a fraction, the numerator of which is the outstanding principal amount of the Loan with regard to a particular governmental entity and the denominator of which is the sum of the outstanding principal amounts of all Loans of the Commission. "Program" shall mean the financing program of the Commission created and structured pursuant to the terms and conditions of this Agreement and the Program Documents. "Program Documents" shall mean, collectively, the Indenture(s), any Loan Agreements, any Participation Agreement and such other agreements, contracts and other documents, including without limitation, contracts relating to credit enhancement, hedge agreements, investment agreements, opinions of counsel and certificates, as the Commission shall deem appropriate. "Project" shall mean such capital improvements or facilities and other governmental undertakings approved by the governing body of a governmental entity for a public purpose as shall be financed or refinanced through the Program. "Public Agency" shall have the same meaning as set forth in Section 163.01(3)(b), Florida Statutes, as amended from time to time and which execute this Agreement and thereby agree to be bound by its terms. "Resolutions" shall mean those resolutions duly adopted by a governmental entity authorizing the participation of such governmental entity in the Program pursuant to the provisions of this Agreement. "State" shall mean the State of Florida. "Trustee" shall mean such entity to be hereafter selected by the Commission to act as Trustee for the Program in accordance with the terms hereof and the Program Documents, and any successor or assigns. Whenever any words are used in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or neuter gender in all situations where they would so apply, and whenever any words are used in this Agreement in the singular form, they shall be construed as though they were also used in the plural form in all situations where they would so apply. 4 0 ARTICLE II THE COMMISSION SECTION 2.01. CREATION. There is hereby created the "Florida Intergovernmental Finance Commission ", a legal entity created pursuant to this Agreement and the Interlocal Act, as a legal entity and public body corporate and politic and a unit of local government for all of the privileges, benefits, powers and terms of the Interlocal Act. SECTION 2.02. PURPOSE . The purpose of the Commission is (a) to finance or refinance Projects permitted by the Act on a- cooperative and cost - effective basis, (b) to enable participating Members and other municipalities and counties in this State (regardless of whether they become members of the Commission), with similar high investment grade ratings by nationally recognized rating agencies, to benefit from the economies of scale associated with large scale financings which may otherwise be unrealized if separate financings were undertaken, (c) to assist the Members and other municipalities, counties and public agencies in this State (regardless of whether they become members of the Commission) in developing and structuring financial programs and activities, which will provide essential services and functions at lower costs to inhabitants and (d) to undertake such other purposes as permitted by law, including the issuance of bonds or other debt obligations, the interest on which may or may not be excludable from gross income of the holders thereof for purposes of federal income taxation. SECTION 2.03. POWERS. The Commission is authorized for the purpose of financing or refinancing any Project to exercise all of the privileges, benefits, powers and terms of Section 125.325, Florida Statutes, as amended, Part I of Chapter 163, Florida Statutes, as amended, Part I of Chapter 159, Florida Statutes, as amended, Part I of Chapter 125, Florida Statutes, as amended, and Part I of Chapter 166, Florida Statutes, as amended, in connection with the authorization, issuance and sale of the Bonds pursuant to Article IV hereof. Such powers include, but are not limited to, the power to make and enter into contracts and agreements necessary or incidental to the performance of its duties and the execution of its duties under this Agreement, to employ agencies, employees, consultants, advisors, experts, attorneys and such other employees and agents as may in the judgment of the Commission, be necessary, and to fix their compensation; to sue or be sued in its own name; to receive and accept any aid or contributions from any source of either money, property, labor or other things of value to be held, used or applied only for the purposes for which such grants and contributions may be made; to adopt a seal; and to adopt its place or places for official meetings. SECTION 2.04. POWERS NOT EXCLUSIVE. No enumeration of powers herein shall be deemed exclusive or restrictive, but shall be deemed to incorporate all implied powers necessary or incident to carrying out the purpose of this Commission. SECTION 2.05. MEMBERSHIP. The Members of the Commission shall consist of the governmental entities that have been admitted pursuant to Article III hereof. 5 • Pi SECTION 2.06. DURATION OF COMMISSION. (a) The Commission shall exist so long as any Bonds or other obligations of the Commission or obligations of any participating governmental entity issued under the Program remain outstanding. (b) Upon termination, all assets of the Commission shall be allocated among the participating Members based on their Pro Rata Share. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] C 0 ARTICLE III MEMBERSHIP AND REPRESENTATION SECTION 3.01. MEMBERSHIP. (a) Membership in the Commission shall consist of the governmental entities which from time to time are listed on Exhibit A hereto, having adopted an authorizing resolution in order to join the Commission as -a Member. (b) The initial Members shall consist of the City of Coral Springs, Florida and the City of Palm Beach Gardens, Florida. (c) The Commission may admit any governmental entity to membership upon the affirmative vote of two- thirds (2/3) of the members of the Board of Directors at a duly called meeting of the Commission and upon execution and delivery of a duly authorized and executed counterpart to this Agreement. Not less than 30 days prior to the vote of the Board of Directors to consider the admission of a governmental entity to membership, written notice shall be given to all existing Members. (d) Only counties, municipalities and public agencies (as such term is defined in Section 163.01(3)(b), Florida Statutes,) in the State of Florida shall be eligible for membership. SECTION 3.02. REPRESENTATION. (a) Each participating Member shall appoint one representative to act on its behalf as a Director on the Board of Directors of the Commission. (b) Each Director shall have one (1) vote on the Board of the Commission. (c) Each Director shall be, at the time of selection and at all times while acting as a Director, a public official of the governmental entity of which it is the representative. In the event any representative shall cease to be a public official, such representative shall resign in accordance with Section 3.06 hereof or be removed as the representative of the respective Member, such governmental entity shall appoint a new representative within thirty (30) days of such resignation or removal. (d) Each participating governmental entity in its sole discretion may remove its representative at any time and appoint a new representative to act as Director on its behalf. SECTION 3.03. ACTION. (a) The affairs, actions and duties of the Commission and the affairs, actions and duties of the Board of Directors shall be undertaken at duly called meetings pursuant to Section 3.09 hereof. (b) At any meeting of the Board of Directors at which any official action is to be taken, a majority of the members of the Board of Directors shall constitute a quorum, but in no event shall a quorum of the Board of Directors consist of less than two (2) members; and a majority vote of the members of the Board of Directors present shall be the act of the Board of 0 Directors. 7 (c) A certificate, resolution or instrument signed by the Chairman or Vice Chairman or such other designated person of the Commission as may be hereafter selected by the Board of Directors, shall be evidence of the action of the Commission, and any such certificate, resolution or other instrument so signed shall conclusively be presumed to be authentic. Likewise, all facts and matters stated therein shall conclusively be presumed to be true. SECTION 3.04. ELECTION OF BOARD; DUTIES OF BOARD; APPOINTMENT OF ADMINISTRATOR. (a) Once a year and at such other time as may be necessary to fill a vacancy, at a meeting of the Commission called for the purpose thereof, the Commission through its Board of Directors shall elect a Chairman and a Vice Chairman to conduct the meetings of the Commission and to perform such other functions as herein provided. Said Chairman and Vice Chairman shall serve one year terms unless they resign or are otherwise removed pursuant to Section 3.06 hereof. (b) The Board of Directors shall conduct the business of and further the purposes of the Commission including, without limitation, the development, structuring and maintaining of the Program. In order to more effectively carry out its duties; the Board may delegate to the Administrator certain responsibilities and duties provided that the Board provides sufficient guidelines and criteria for the performance of such duties and responsibilities. (c) The Commission shall enter into a Program Administration Agreement with the Administrator with respect to administering and managing the Program. The Commission may also enter into such other agreements as may be necessary to establish and maintain the Program, including, but not limited to, employing counsel, accountants, auditors, financial advisors and other consultants, employing underwriters for marketing the Bonds, and obtaining credit enhancers for the Bonds. SECTION 3.05. AUTHORITY OF OFFICERS. (a) The Chairman and the Vice Chairman shall be permitted to take such action and sign such documents, including the Program Documents, on behalf of the Commission and in furtherance of the purposes of this Agreement and the Program as shall be approved by resolution of the Board of the Commission. (b) The Administrator or his designee shall keep minutes of all meetings, proceedings and acts of the Board, but such minutes need not be verbatim. Copies of all minutes of the meetings of the Board shall be sent by the Administrator or a designee to all Directors. The Administrator may also attest the execution of documents on behalf of the Commission. SECTION 3.06. RESIGNATION. (a) Any Director may resign from all duties or responsibilities hereunder, by giving at least seven (7) days prior written notice sent by registered mail to the Administrator. Such notice shall state the date said resignation shall take effect and such resignation shall take effect on such date. Notwithstanding the foregoing, no resignation from membership on the Board of Directors shall take effect unless and until a successor Director has been chosen in the manner herein provided. Each participating governmental entity in its sole discretion may remove its Director at any time by resolution. Upon resignation or removal 0 of such representative, such governmental entity shall appoint a new Director by resolution of such governmental entity presented to the Administrator. (b) Subject to the provisions of the following sentence, a Member may voluntarily remove itself as a Member of the Commission, by adoption of a resolution of the governing body of such Member electing to terminate its membership and approval of the Board of Directors of a resolution consenting to such termination or removal. Not less than 30 days prior to the date of adoption of such resolution, the Board of Directors shall provide written notice of such proposed action to all existing Members and to the Administrator. In the event the Administrator has received written notice from the governing body of an existing Member that such Member shall not be allowed to terminate its membership in the Commission, the Board of Directors shall be prohibited from adopting such resolution until such time as such notice shall have been revoked. (c) Any member of the Board of Directors, upon leaving office, shall forthwith turn over and deliver to the Administrator any and all records, books, documents or other property in his possession or under his control which belongs to the Commission and/or relates to the Program. SECTION 3.07. EXPENSES. The Commission may establish, from time to time, reimbursement for reasonable expenses incurred in accordance with the terms of this Agreement. SECTION 3.08. LIABILITY AND INSURANCE. No member of the Board of Directors, agent, officer, official or employee of the Commission shall be liable for any action taken pursuant to this Agreement in good faith or for any omission, except in accordance with Section 768.28, Florida Statutes, or for any act or omission or commission by any other member of the Board of Directors, agent, officer, official or employee of the Commission. The initial parties to this Agreement, and any party who may now or hereafter become a member of the Commission, agree the initial parties to this Agreement individually or collectively, by executing this Agreement, have not and do not assume any liabilities arising out of the creation or operation of the Agreement, and that the initial parties to this Agreement, individually or collectively, shall only be liable for the obligations of the Commission to the extent they specifically covenant to do so by separate agreement as a Member of the Commission. The Commission hereby agrees to save, hold harmless and indemnify the initial parties to this Agreement, and their officers, employees, and agents, of and from any loss, damage or expense incurred by said parties as a result of the said parties' execution of this Agreement. The Board of Directors is hereby authorized and empowered to obtain, at the expense of the Commission, liability insurance fully protecting the respective Directors from any loss or expense incurred, including reasonable attorney's fees, for all acts of the Directors except bad faith and gross negligence. To the extent allowed by law, the Commission hereby agrees to save, hold harmless and indemnify the Directors from any loss, damage or expense incurred by said persons while acting in their official capacity excepting bad faith and gross negligence. 7 Cl SECTION 3.09. MEETINGS. (a) Within a reasonable period of time after the creation of the Commission, the duly appointed Board of Directors shall hold an organizational meeting in a mutually agreeable location in the State to elect officers and perform such other duties as shall be provided under this Agreement. (b) The Commission shall convene at meetings called by either a majority of the Board of Directors or at the request of the Chairman. Meetings shall be conducted at such locations as shall be acceptable to a majority of the Board of Directors and in accordance with the laws of the State. The Chairman shall set forth the date, time, location and purpose of each meeting and notice thereof, unless otherwise waived, shall be furnished to each member of the Board of Directors by the Administrator or his designee not less than seven (7) days prior to the date of such meeting. The Chairman may direct the Administrator or such other designee as he may select to send the prerequisite notice for any meeting of the Board of Directors otherwise called in accordance with the provisions hereof. (c) Emergency meetings of the Board of Directors may be held in the manner provided by the laws of the State. SECTION 3.10. RULES. The Board of Directors may from time to time adopt such rules relating to the actions of the Board of Directors as shall be necessary or desirable to the successful operation of the Commission. Such rules shall be approved by a (2/3) vote of the Board of Directors and any amendments to such rules shall also be approved by a two- thirds (2/3) vote of the Board of Directors. 10 0 ARTICLE IV • THE BONDS SECTION 4.01. BONDS. Pursuant to the provisions of the Interlocal Act, the Commission may issue Bonds from time to time, in various series, to implement the Program and to finance and refinance Loans in accordance with the terms of the Program. Loans made by the Commission shall be used by the governmental entities to finance and refinance the acquisition and construction of Projects. Such Bonds shall be issued upon such terms, containing such provisions, bearing interest at such lawful rate or rates, including variable rates, and supported by such other documents to be issued as may hereafter be established by the Commission. The Bonds may be issued pursuant to an Indenture or Indentures and be secured in such manner as determined by the Commission. SECTION 4.02. BOND PROCEEDS. The proceeds from the original issuance of the Bonds shall be deposited and used for such purposes and under .such conditions as set forth herein and in the Program Documents provided. Such proceeds may be used to finance or refinance Projects, establish debt service reserve accounts, capitalize interest, credit enhancement and pay costs of issuance. Governmental entities may reimburse themselves from proceeds of the Bonds for Project costs previously incurred by them, subject to applicable limitations pursuant to the Internal Revenue Code with respect to tax- exempt financing. SECTION 4.03. LIMITED OBLIGATIONS. Notwithstanding anything to the contrary herein or in the Program Documents, the Bonds shall not constitute "bonds" within the meaning of Article VII, Section 12 of the Constitution of Florida which must be approved at an election of the qualified electors of the Members. The Bonds shall not constitute a general obligation of any of the Members, the State of Florida or any political subdivision thereof, nor shall the Bonds constitute a lien upon any property owned by or situated within the territorial limits of the Members, the State of Florida or any political subdivision thereof, except in each case to the extent otherwise expressly and specifically provided in the Program Documents. The holders of the Bonds shall not have the right to require or compel any exercise of the taxing power of any of the Members, the State of Florida or any political subdivision thereof to pay the principal of, premium, if any, and interest on the Bonds or to make any other payments provided for under the Program Documents, except in each case to the extent otherwise expressly and specifically provided in the Program Documents. SECTION 4.04. VALIDATION. Prior to their issuance, the Bonds may be validated in the manner provided in the Interlocal Act and Chapter 75, Florida Statutes, but nothing herein shall be construed to require such validation. 11 • • • ARTICLE V MISCELLANEOUS SECTION 5.01. DELEGATION OF DUTY. Nothing contained herein shall be deemed to authorize the delegation of the constitutional or statutory' duties of the State or the Members or any officers thereof. SECTION 5.02. FILING. A copy of this Agreement shall be filed with the Clerk of the Circuit Court in each county wherein a participating Member is located. SECTION 5.03. IMMUNITY; EXEMPTIONS. All of the privileges and immunities from liability and exemptions from laws, ordinances and rules which apply to the activity of officials, officers, agents or employees of the Members when performing their respective functions within the territorial limits of their respective 'Members shall apply to the same degree and extent to the performance of such functions and duties of such officials, officers, agents or employees extraterritorially under the provisions of this Interlocal Agreement. SECTION 5.04. LIMITED LIABILITY. No Member shall in any manner be obligated to pay any debts, obligations or liabilities arising as a result of any actions of the Commission, the Directors, representatives or any other agents, employees or representatives of the Commission, except to the extent otherwise provided in the Program Documents applicable to such Member and none of the Commission, the Board of Directors, or any other agents, employees or representatives of the Commission have any authority or power to otherwise obligate the Member in any manner. SECTION 5.05. AMENDMENTS. This Agreement may be amended in writing at any time by a two- thirds (2/3) vote of the Directors present at a duly called meeting of the Board of Directors. However, this Agreement may not be amended so as to (i) permit any profits of the Commission to inure to the benefit of any private person or to permit the assets of the Commission to be distributed to any entity other than the Members, or (ii) permit the diversion or application of any of the money or other assets of the Commission for any purpose inconsistent with the provisions and the purposes hereof or which would adversely affect the tax- exempt status of the Bonds, if on the date of issuance of the Bonds, the interest thereon is excludable from gross income of the holders thereof for purposes of federal income taxation. SECTION 5.06. CONTROLLING LAW. This Agreement shall be construed and governed by laws of the State. SECTION 5.07. date of execution hereto. EFFECTIVE DATE. This Agreement shall be effective from the 12 • • INTERLOCAL AGREEMENT IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of the authorized Officers and representatives of the City on this day of 12001. CITY OF CORAL SPRINGS, FLORIDA (Seal) ATTEST City Clerk, Approved as to form and sufficiency. City Attorney By: Mayor • • INTERLOCAL AGREEMENT IN WITNESS WHEREOF, this Interlocal Agreement has been executed by and on behalf of the authorized officers and representatives of the City on this day of , 2001. (Seal) ATTEST City Clerk Approved as to form and sufficiency. City ty Attorney MI4MI/PENNEYSS/1182293/pc96O4!. DOC /I /08/01 CITY OF PALM BEACH GARDENS, FLORIDA Lo Mayor • 0-1 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 01/08/01 Meeting Date: 01/18/01 Subject/Agenda Item Resolution 15, 2001, providing for reimbursement of costs associated with the PGA Flyover construction project. Recommendation /Motion: Consider a motion to approve Resolution 15, 2001. Reviewed by Originating Dept.: Costs: $ Council Action: (Total) City Attome Finance [ ] Approved $ ( ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: ( J Not Required [ ] Other Memorandum Submitted by: Kent R. Olson KKV Finance Director Affected parties [ ] Notified Budget Acct. #: [ J None Approved by: City Mana r [ X ]Not required BACKGR04: See attached memorandum. TO: FROM: SUBJECT: CITY OF PALM BEACH GARDENS MEMORANDUM Ronald M. Ferris, Interim City Manager DATE: January 8, 2001 Kent R. Olson, Finance Director,�� Resolution 15, 2001 — Reimbursement Resolution for PGA Flyover BACKGROUND The City is allowed by the United States Treasury regulations to reimburse itself for costs incurred for projects that will be financed with debt. The City has adopted similar resolutions for the construction of the Municipal Complex, Fire Station 3, the acquisition of the Tennis Center property and most recently for the construction of Burns Road. DISCUSSION In the event the variable rate debt pursuant to Resolution 14, 2001 is not issued prior to the February 12, 2001 deadline for our payment to FDOT, the City needs to adopt a resolution authorizing the reimbursement of costs incurred with the PGA Flyover project to repay ourselves once the debt has been issued. If the debt is not issued prior to February 12, I anticipate it will be issued within two weeks of that date. RECOMMENDATION Staff recommends approval of Resolution 15, 2001, providing for reimbursement of expenses that will be incurred for the PGA Flyover project. 0 RESOLUTION 15, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, EXPRESSING THE COUNCIL'S DECLARATION OF INTENT TO REIMBURSE CERTAIN ORIGINAL EXPENDITURES WITH PROCEEDS OF CERTAIN TAX- EXEMPT OBLIGATIONS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens plans to borrow funds to finance certain construction costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2. This Resolution is adopted for the purpose of United States Treasury Regulation Section 1.150.2. • SECTION 3. The City of Palm Beach Gardens, Florida (the "City ") intends to finance the construction of improvements to the PGA Flyover Bridge. The maximum principal amount of debt expected to be issued for the project is $3,200,000. The City reasonably expects that it will reimburse original expenditures made on the project with proceeds of the debt. SECTION 4. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5. If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 6. This Resolution shall become effective immediately upon adoption. • • • INTRODUCED, PASSED AND ADOPTED this 18th day of January, 2001. ATTEST: CAROL GOLD, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY AYE NAY ABSENT • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda 'Cover Memorandum Date Prepared: January 10, 2000 Meeting. Date: January 18, 2001 Subject/Agenda Item: Consideration of approval of Resolution 16, 2001, authorizing the Mayor and City Clerk to execute an agreement with Absolute Irrigation Services. Recommendation: Approval of Resolution 16, 2001 Reviewed by: Originating Dept: Costs: Council Action: City Attorney City Attomey $166,800 [ ] Approved Finance [ ] Approved with conditions ACM [ ] Denied Other Advertised: Funding Source: [ ] Operating [ ] Continued to: Submitted by: /� [ ] Other City Attorney -e Affected parties: \ Budget Acct. No. [ ] Notified Attachments: [ X] Not Required Resolution 16, 2001 Approved by: Agreement City Manager qq- U+ Background: The City Council accepted a bid from Absolute Irrigation Services at its January 4, 2001 meeting. Approval of this Resolution authorizes execution of the attached agreement so as to enable commencement of the project. 0 BEACH GARDENS FLORIDA CITY OF PALM , • RESOLUTION 16, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYORAND CITY CLERKTO EXECUTE AN AGREEMENT WITH ABSOLUTE IRRIGATION SERVICES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council accepted a bid from Absolute Irrigation Services forthe installation of an irrigation system, guard rails, sidewalks and a lake fountain at the City's municipal complex; and WHEREAS, the City Council has determined execution of an Agreement with Absolute Irrigation Services to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute an Agreement with Absolute Irrigation Services, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this 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. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. -I- MAYOR JOSEPH R. RUSSO s� 0 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 • 0 -2- r 1 9 9 7 ED IT I ON AIA DOCUMENT A107 -1997 - Abbreviated Standard Form of Agreement Between Owner and r , L�r;. qr 'r rte: 5 Contractor for Construction Projects of .Limited Scope where the basis of payment is a STIPULATED SUM This document includes abbreviated General AGREEMENT made as of the 14th day of DECEMBER Conditions and should in the year 2000 not be used with other ((n %arms, indicate dav, utouth and year) general conditions. BETWEEN the Owner: (Nante, address and other in(rrtnation) CITY OF PALM BEACH GARDENS 10500 NORTH MILITARY TRAIL PALM BEACH GARDENS, FL 33410 and the Contractor. (,%attic, address and other information) ABSOLUTE IRRIGATION POST OFFICE BOX 9112 JUPITER, FL 33468 -9112 The Project is: (Nattic and location) IRRIGATION SYSTEM, LAKE FOUNTAIN, SIDEWAlk & GUARDRAIL CONSTRUCTION This document has impor- tant legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. This document has been approved and endorsed by The Associated General Contractors of America. The Architect is: MOUE (Name, address and other in/'onnatiou l 01997 AIAO AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - The Owner and Contractor agree as follows. CONTRACTOR AGREEMENT 0 The American Institute of Architects 1735 New York Avenue, N.W. Copyright 1936, 1951, 1958,1%1, 1963, 1966, 1974, 1978, 1987 ® 1997 by The American Institute of Architects. Washington, D.C. 20()06 -5292 Reproduction of the material herein or substantial quotation of its provisions without written permission of the AIA violates the copyright laws of the United States and will subject the violator to legal prosecution. .. o...ur. ,,.Ii..---- 1 «... -...r ..,m .,:,.1-.,.. « 1.A ......e...•-.,... ARTICLE 1 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 2 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 2.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of comincncentent. if it differs from the date of this Agreement or, if applicable, state that the date will be wd in a notice to proceed.) DATE TO BE FIXED FROM NOTICE TO PROCEED FROM OWNER 2.2 The Contract Time shall be measured from the date of commencement. 2.3 The Contractor shall achieve Substantial Completion of the entire Work not later than 120 DAYS FROM NOTICE days from the date of commencement, or as follows: (insert aundwr of calendar days. Alternatively, a calendar date wary lie ased when ccxrrdinated with the date of connnencement. Unless stated elsewhere in the Conlract 1hx•uments, insert any requirements fur earlier Substantial Completion of certain portions of the Work.) , subject to adjustments of this Contract Time as provided in the Contract Documents. (Insert provisions, if arty, for liquidated damages relating to failure to contplcic on time or for borms payments for early completion of the Work.) NONE ARTICLE 3 CONTRACT SUM 3.1 The Owner shall pay the Contractor the tC�ontrahc�t Sum in current funds for the Oft Contractor's DTY S1XeTHOUSAND EIGHT HUNOIRED DOLLARS "O CE�T3 rs, (S fact 1 Au�1b0 0�ha11 be I oflan (s ). subject to additions and deletions as provided in the Contract 1)►xuments. O 1997 AIA® AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 70 • „ s 3.2 The Contract Sum is haled upon the fallowing alternates, if any, which are described in the Contract Documents and arc hereby accepted by the Owner: (State the nrrndrers or other identification ref accepted alternates. ll decisions on other ahernaMs are to lit, glade Iv tire l hvaer subsequent fo the execution ofthis agre•eutent, attach if schedtule of sui h otter alternates showing file aruounf for cat h curd the date %%4rea that amount expires.) NONE 33 Wit prices, if any, are as follows: INSTALL 1” LASCO SWING JOINT IF NEEDED @ $25.00 PER HEAD ON BALL FIELDS. THIS WORK WILL RESULT IN A CHANGE ORDER TO THE CONTRACT AMOUNT. ARTICLE 4 PAYMENTS 4.1 PROGRESS PAYMENTS oto"r- 4.1.1 Based upon Applications for Payment submitted to then by the Contractor IM 1 r _ ., - I ' I I II the Owner shall make progress Paymen s on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents. 11 II - 1 I r; follows: ABSOLUTE IRRIGATION WILL SUBMIT PROGRESS PAYMENTS TWICE A MONTH TO BE PAID LESS RETAINAGE 5 DAYS FROM APPLICATION DATE. PAYMENTS WILL BE BASED ON APPROVED SCHEDULE OF VALUES 4.1 ' vide6that an App lication for Payment is received by the Architect not day of a month, the O� • ayment to the Conte rV h ay o e �i�ilth. 0 1 9 9 7 A 1 A If an A i 1 e Architect a t hall AIA DOCUMENT A /07 -1997 be ma ate, than N/A ABBREVIATED OWNER- CONTRACTOR AGREEMENT receives the Application for Payment. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 4.1.3 Payments due and unpaid under the contract shall hear interest from the date payment is due at the rate staled helow, or in the absence thereof, at the legal rate prevailing front tinge to tine at the place where the Project is located. tInsert rate of interest agreed upon, ij mY.1 god (Llsur)• ton'; and requirements under the Federal 1 ugh in Lendirrg.lct. similar .tote dind loe•111 consumer credit laws and other rgwlations at Ihe• (hvacrs dull Contractor's principal places of business, the ot-11 011 4the Project and elsewhere ma►• it 41 the wrlidity 4) this provision. I.L-al advice should be obtained with resilect to deletions ur nimliftcations, and also r(Narding requirements sueh as written disclosures or %%vn'ers.) 4.2 FINAL PAYMENT — 4.2.1 Final payment, constituting the entire unpaid balance of the Contract Suns, shall he made by the Owner to the Contractor .'hen: .1 the Contractor has fully performed the Contract except for the Contractor's responsibility to correct Work as provided in Paragraph 1;?, and to satisfy other requirements, if anv, which extend beyond final paynients f 1 fl 11'f-I 0 - - 4.2.2 The Owner's final payment to the Contractor shall he made no later than 30 days after the issuance of theftifto final Certificate for Payment, or as follows: ARTICLE 5 ENUMERATION OF CONTRACT DOCUMENTS 5.1 7 -he Contract I)ocurnents are listed in Article t, and,except for Modifications issued after executituAf this Agreement, are enumerated as follows: 5.1.1 The Agreement is this executed iW, edition of the Abbreviated Standard Norm of Agreement Between Owner and Contractor, AIA Document Ami -w> /-. 5.1.2 "I'he Supplementary and other Conditions of the Contract are those contained in the Project Manual dated NONE and are as follows: 1)oc:ument 'fi tle Pages 01997 A I A 0 AIA DOCUMENT A1071"7 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 • • From: CHARLIE MORETTI 561.844.8044 To: ESQ. LEONARD RUBIN Date: 1 /10 /01 Time: 4:52:20 PM 5.13 Tile SQedf cabolas Alm Uume contrived in the Y[o)m nnanuas usuX, as in auvparugralr. 1.163► OW tll'0 as fOfl WL (Ekkfr ilal ter 4"dfuldi" bw or f* If! No Odom sodchd !A " •) Se+Ctig1 T** Pam PRAJIECT SR>I:CIMATIM5 ON SHEET !R -0 DATED 10/6/00 ti u no Drtbs are as (bll w& ad are ddad ualm • difier date is Shawn below: (SMw UN aw Dnw&W Am ar r*r to AN rods molted ro this Apwmm.) rde pages IR -1 THROUGH 3 AND IR -7 THROUGH IR -9 DATED 10/5 IR -6 DATZV 10/9 9URZT8 16 a 11 NO DATE lilt The AddwA& f f wyi sm as Now Number Date Pam 3 FAX DATE 11/30/2000 3 Page S.T.E Other dw--s . If any. fora ft port of the t arrvid i7awe>teeita an: as follawr: I (Ma aW adimand derum of K*;c J am hgwsdd to fam part Of tht Cowmd Da7[AwnjL% q O (1) THE TERMS S CONDITIONS SET FORTH IN THE REQUEST FOR PROPOSAL FOR ° "" "` T IRRIGATION SYSTEM CONSTRUCTION & RENOVATIONS, LAKE FOUNTAINI N MIEVI TED O >o ER- SIDEWALK AND GUARDRAIL DATED OCTOBER 2000 AND THE CONTRACTOR'S CONTRACTOR GR EIt- tt)tITRACI'dR AGREEMEN' RESPONSE THERETO. The Ameim (2) CONTRACT ADDENDA f1 GATED 1/10/2001 tnitttute TM New Wk Avenva N.W. Wada�an. Q.G Zp00(r529i J. GENERAL CONDITIONS ARTICLE 6 GENERAL PROVISIONS 6.1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement with Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to the execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement. A Modification is (t) a written amendment to the Contract signed by both parties, (2) a Change Order, (3) a Construction Change Directive or (4) a written order for a minor change in the Work issued by the Architect. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. The Contract Documents are complementary, and what is required by one shall be as binding as if required by all; performance by the Contractor shall be required to the extent consistent with the Contract Documents and reasonably inferable from them as being necessary to produce the indicated results. 61 THE CONTRACT The Contract Documents form the Contract for Construction. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by a Modification. The Contract Documents shall not be construed to create a contractual relationship of any kind (i) between the Architect and. Contractor, (2) between the Owner and a Subcontractor or sub - subcontractor, (3) between the Owner and Architect or (4) 'between any persons or entities other than the Owner and Contractor. THE WORK The term "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. The Work may constitute the whole or a part of the Project. 6.4 EXECUTION OF THE CONTRACT Execution of the Contract by the Contractor is a representation that the Contractor has visited the site, become generally familiar with local conditions under which the Work is to be performed and correlated personal observations with requirements of the Contract Documents. 65 OWNERSHIP AND USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER INSTRUMENTS OF SERVICE The Drawings, Specifications and other documents, including those in electronic form, prepared by the Architect and the Architect's consultants are Instruments of Service through which the Work to be executed by the Contractor is described. The Contractor may retain one record set. Neither the Contractor nor any Subcontractor, sub - subcontractor or material or equipment supplier shall own or claim a copyright in the Drawings, Specifications and other documents llj� prepared by the Architect or the Architect's consultants, and unless otherwise indicated the Architect and the Architect's consultants shall be deemed the authors of them and will retain all o 0 common law, statutory and other reserved rights, in addition to the copyrights. All copies of them, except the Contractors record set, shall be returned or suitably accounted for to the Architect, on request, upon completion of the Work. The Drawings, Specifications and other documents 01997 A' A prepared by the Architect and the Architect's consultants, and copies thereof furnished to the AIA DOCUMENT AW71997 ABBREVIATED OWNER - Contractor, are for use solely with respect to this Project. They are not to be used by the Contractor CONTRACTOR AGREEMENT or any Subcontractor, sub - subcontractor or material or equipment supplier on other projects or for additions to this Project outside the scope of the Work without the specific written consent of The American Institute the Owner, Architect and the Architect's consultants. The Contractor, Subcontractors, of Architects 1735 New York Avenue, N.W. C. 20006 -5292 Washington, D. 73 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents, or fails to perform a provision of the Contract, the Owner, after to days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLES CONTRACTOR sub - subcontractors and material or equipment suppliers are authorized to use and reproduce applicable portions of the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants appropriate to and for use in the execution of their Work 0 o under the Contract Documents. All copies made under this authorization shall bear the statutory copyright notice, if any, shown on the Drawings, Specifications and other documents prepared by the Architect and the Architect's consultants. Submittal or distribution to meet official 01997 A 1 A ® regulatory requirements or for other purposes in connection with this Project is not to be AIA DOCUMENT AW7- -1997 construed as publication in derogation of the Architect's or Architect's consultants' copyrights or ABBREVIATED OWNER - CONTRACTOR AGREEMENT other reserved rights. ARTICLE 7 OWNER The American Institute 7.1 INFORMATION AND SERVICES REQUIRED OF THE OWNER of Architects 7.1.1 The Owner shall furnish and pay for surveys and a legal description of the site. 1735 New York Avenue, N.W. 7.1.2 The Contractor shall be entitled to rely on the accuracy of information furnished by the Washington, D.C. 20006 -5292 Owner but shall exercise proper precautions relating to the safe performance of the Work. 7.13 Except for permits and fees which are the responsibility of the Contractor under the Contract. Documents, the Owner shall secure and pay for other necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or permanent changes in existing facilities. 7.2 OWNER'S RIGHT TO STOP THE WORK If the Contractor fails to correct Work which is not in accordance with the requirements of the Contract Documents, or persistently fails to carry out the Work in accordance with the Contract Documents, the Owner may issue a written order to the Contractor to stop the Work, or any portion thereof, until the cause for such order is eliminated; however, the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. 73 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or persistently fails or neglects to carry out the Work in accordance with the Contract Documents, or fails to perform a provision of the Contract, the Owner, after to days' written notice to the Contractor and without prejudice to any other remedy the Owner may have, may make good such deficiencies and may deduct the reasonable cost thereof, including Owner's expenses and compensation for the Architect's services made necessary thereby, from the payment then or thereafter due the Contractor. ARTICLES CONTRACTOR 8.1 REVIEW OF CONTRACT DOCUMENTS AND FIELD CONDITIONS BY CONTRACTOR 8.1.1 Since the Contract Documents are complementary, before starting each portion of the Work, the Contractor shall carefully study and compare the various Drawings and other Contract 0 o Documents relative to that portion of the Work, as well as the information furnished by the Owner pursuant to Subparagraph 7.1.1, shall take field measurements of any existing conditions related to that portion of the Work and shall observe any conditions at the site affecting it. These 01997 A 1 A ® obligations are for the purpose of facilitating construction 1by the Contractor and are not for the AIA DOCUMENT AW7- -1997 Purpose of discovering errors, omissions or inconsistencies in the Contrail Documents; however, ABBREVIATED OWNER - CONTRACTOR AGREEMENT any errors, omissions or inconsistencies discovered by the Contractor shall be reported promptly to the Architect as a request for information in such form as the Architect may require. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 � ■ 8.1.2 Any design errors or omissions noted by the Contractor during this review shall be reported promptly to the Architect, but it is recognized that the Contractor's review is made in the Contractor's capacity as a contractor and not as a licensed design professional unless otherwise specifically provided in the Contract Documents. 8.2 SUPERVISION AND CONSTRUCTION PROCEDURES .8.2.1 The Contractor shall supervise and direct the Work, using the Contractor's best skill and attention. The Contractor shall be solely responsible for and have control over construction means, methods, techniques, sequences and procedures, and for coordinating all portions of the Work under the Contract, unless the Contract Documents give other specific instructions concerning these matters. If the Contract Documents give specific instructions concerning construction means, methods, techniques, sequences or procedures, the Contractor shall be fully and solely responsible for the jobsite safety thereof unless the Contractor gives timely written notice to the Owner and Architect that such means, methods, techniques, sequences or procedures may not be safe. 8.2.2 The Contractor shall be responsible to the Owner for acts and omissions of the Contractors employees, Subcontractors and their agents and employees, and other persons or entities performing portions of the Work for or on behalf of the Contractor or any of its Subcontractors. 83 LABOR AND MATERIALS 83.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, -transportation, and other facilities and services necessary for proper execution and completion of the Work whether temporary or permanent and whether or not incorporated or to be incorporated in the Work 83.2 The Contractor shall enforce strict discipline and good order among the Contractor's employees and other persons carrying out the- Contract. The Contractor shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. 833 The Contractor shall deliver, handle, store and install materials in accordance with manufacturers' instructions. 83.4 The Contractor may make substitutions only with the consent of the Owner, after evaluation by the Architect and in accordance with a Change Order. 8.4 WARRANTY The Contractor warrants to the Owner and Architect that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the Work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirements of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage o. o or defect caused by abuse, modifications not executed by the Contractor, improper or insufficient 4 o° maintenance, improper operation or normal wear and tear and normal usage. 1 1 01997 AIA® 8.5 TAXES AIA DOCUMENT A107 -1997 The Contractor shall pay sales, consumer, use and other similar taxes which are legally enacted ABBREVIATED OWNER - CONTRACTOR AGREEMENT when bids are received or negotiations concluded. The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006-5292 8.6 PERMITS, FEES AND NOTICES 8.6.1 Unless otherwise provided in the Contract Documents, the Contractor shall secure and pay for the building permit and other permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work. 8.6.2 The Contractor shall comply with and give notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to performance of the Work. The Contractor shall promptly notify the Architect and Owner if the Drawings and Specifications are observed by the Contractor to be at variance therewith. if the Contractor performs Work knowing it to be contrary to laws, statutes, ordinances, building codes, and rules and regulations without such notice to the Architect and Owner, the Contractor shall assume appropriate responsibility for such Work and shall bear the costs attributable to correction. 8.7 SUBMITTALS 8.7.1 The Contractor shall review for compliance with the Contract Documents, approve in writing and submit to the Architect Shop Drawings, Product Data, Samples and similar submittals required by the Contract Documents with reasonable promptness. The Work shall be in accordance with approved submittals. 8.7.2 Shop Drawings, Product Data, Samples and similar submittals are not Contract Documents. 8.8 USE OF SITE The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with materials or equipment. 8.9 CUTTING AND PATCHING The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly. 8.10 CLEANING UP The Contractor shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract. At completion of the Work, the Contractor shall remove from and about the Project waste materials, rubbish, the Contractor's tools, construction equipment, machinery and surplus material. 8.11 ROYALTIES, PATENTS AND COPYRIGHTS The Contractor shall pay all royalties and license fees; shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and Architect harmless from loss on account thereof, but shall not be responsible for such defense or loss when a particular design, process or product of a particular manufacturer or manufacturers is required by the Contract Documents, or where the copyright violations are contained in Drawings, pzuw�� Specifications or other documents prepared by the Owner or Architect, unless the Contractor has reason to believe that there is an infringement of patent or copyright and fails to promptly furnish such information to the Architect. 1 I 01997 A i A O 8.12 ACCESS TO WORK AIA DOCUMENT AW74997 The Contractor shall provide the Owner and Architect access to the Work in preparation and A88REVIATED OWNER- progress wherever located. CONTRACTOR AGREEMENT The American Institute of Architects *735 New York Avenue, N.W. Washington, D.C. 20006 -5292 • r� u 8.13 INDEMNIFICATION 8.13.1 To the fullest extent permitted by law and to the extent claims, damages, losses or expenses are not covered by Project Management Protective Liability insurance purchased by the Contractor in accordance with Paragraph 16.3, the Contractor shall indemnify and hold harmless the Owner, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), but only to the extent caused by the negligent acts or omissions of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph 8.13. 8.13.2 In claims against any person or entity indemnified under this Paragraph 8.13 by an employee of the Contractor, a Subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Subparagraph 8.13.1 shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Contractor or Subcontractor under workers' compensation acts, disability benefit acts or other employee benefit acts. ARTICLE 9 ARCHITECT'S ADMINISTRATION OF THE CONTRACT 9.1 The Architect will provide administration of the Contract and will be an Owner's representative (1) during construction, (2) until final payment is due and (3) with the Owner's concurrence, from time to time during the one -year period for correction of Work described in Paragraph 17.2. 9.2 The Architect, as a representative of the Owner, will visit the site at intervals appropriate to the stage of the Contractor's operations (1) to become generally. familiar- with and to keep the Owner informed about the progress and quality of the portion of the Work completed, (2) to endeavor to guard the Owner against defects and deficiencies in the Work, and (3) to determine in general if the Work is being performed in a manner indicating that the Work, when fully completed, will be in accordance with the Contract Documents. However, the Architect will not be required to make exhaustive or continuous on -site inspections to check the quality or quantity of the Work. The Architect will neither have control over or charge of, nor be responsi- ble for, the construction means, methods, techniques, sequences or procedures, or for safety pre- cautions and programs in connection with the Work, since these are solely the Contractor's rights and responsibilities under the Contract Documents, except as provided in Subparagraph 8.2.1. 9.3 The Architect will not be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Architect will not have control over or charge of and will not be responsible for acts or omissions of the Contractor, Subcontractors, or their agents or employees, or any other persons or entities performing portions of the Work. 9.4 Based on the Architect's evaluations of the Work and of the Contractor's Applications for Payment, the Architect will review and certify the amounts due the Contractor and will issue Certificates for Payment in such amounts. 9.5 The Architect will have authority to reject Work that does not conform to'the Contract Documents. ilk�,Iaki'�'/,� 01997 AIA® AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 9.6 The Architect will review and approve or take other appropriate action upon the Contractor's submittals such as Shop Drawings, Product Data and Samples, but only for the limited purpose of checking for conformance with information given and the design concept expressed in the Contract Documents. 9.7 The Architect will interpret and decide matters concerning performance under, and requirements of, the Contract Documents on written request of either the Owner or Contractor. The Architect will make initial decisions on all claims, disputes and other matters in question between the Owner and Contractor but will not be liable for results of any interpretations or decisions so rendered in good faith. 9.8 The Architect's decisions on matters relating to aesthetic effect will be final if consistent with the intent expressed in the Contract Documents. 9.9 Duties, responsibilities and limitations of authority of the Architect as set forth in the Contract Documents shall not be restricted, modified or extended without written consent of the Owner, Contractor and Architect. Consent shall not be unreasonably withheld. 9.10 CLAIMS AND DISPUTES 9.10.1 Claims, disputes and other matters in question arising out of or relating to this Contract, including those alleging an error or omission by the Architect but excluding those arising under Paragraph 15.2, shall be referred initially to the Architect for decision. Such matters, except those relating to aesthetic effect and except those waived as provided for in Paragraph 9.11 and Subparagraphs 14.5.3 and 14.5.4, shall, after initial decision by the Architect or 3o days after submission of the matter to the Architect, be subject to mediation as a condition precedent to M arbitration or the institution of legal or equitable proceedings by either party. 9.10.2 If a claim, dispute or other matter in question relates to or is the subject of a mechanic's lien, the party asserting such matter may proceed in accordance with applicable law to comply with the lien notice or filing deadlines prior to resolution of the matter by the Architect, by mediation or by arbitration. 9.10.3 The parties shall endeavor to resolve their disputes by mediation which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect.-Request for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration but, in such event, mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 6o days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 9.10.4 Claims, disputes and other matters in question arising out of or relating to the Contract Il`l that are not resolved by mediation, except matters relating to aesthetic effect and except those 5� waived as provided for in Paragraph 9.11 and Subparagraphs 14.5.3 and 14.5.4, shall be decided by n arbitration which, unless the parties mutually agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in ` effect. The demand for arbitration shall be filed in writing with the other party to this Agreement 01997 A I A O and with the American Arbitration Association and shall be made within a reasonable time after AM DOCUMENT A107 -1997 the dispute has arisen. The award rendered by the arbitrator or arbitrators shall be final, and ABBREVIATED OWNER - CONTRACTOR AGREEMENT judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. Except by written consent of the person or entity sought to be joined, no The American Institute *1735 arbitration arising out of or relating to the Contract Documents shall include, by consolidation, of Architects New York Avenue, N.W_ joinder or in any other manner, any person or entity not a party to the Agreement under which Washington, D.C. 20006 -5292 such arbitration arises, unless it is shown at the time the demand for arbitration is filed that (1) such person or entity is substantially involved in a common question of fact or law, (2) the presence of such person or entity is required if complete relief is to be accorded in the arbitration, (3) the interest or responsibility of such person or entity in the matter is not insubstantial, and (4) such person or entity is not the Architect or any of the Architect's employees or consultants. The agreement herein among the parties to the Agreement and any other written agreement to arbitrate referred to herein shall be specifically enforceable under applicable law in any court hav- ing jurisdiction thereof. 9.11 CLAIMS FOR CONSEOUENTIAL DAMAGES The Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes: .t damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and .2 damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from. the Work. This mutual waiver is applicable, without limitation, to all consequential damages due to either party's termination in accordance with Article t9. Nothing contained in this Paragraph gm shall be deemed to preclude an. award of liquidated direct damages, when applicable, in accordance with the requirements of the Contract Documents. ARTICLE. 10 SUBCONTRACTORS 10.1 A Subcontractor is a person or entity who has a direct contract with the Contractor to perform a portion of the Work at the site. 10.2 unless otherwise stated in the Contract Documents or the bidding requirements, the Contractor, as soon as practicable after award of the Contract, shall furnish in writing to the Owner through the Architect the names of the Subcontractors for each of the principal portions of the Work. The Contractor shall not contract with any Subcontractor to whom the Owner or Architect has made reasonable and timely objection. If the proposed but rejected Subcontractor was reasonably capable of performing the Work, the Contract- Sum and Contract Time shall be increased or decreased by the difference, if any, occasioned by such change, and an appropriate Change Order shall be issued before commencement of the substitute Subcontractor's Work. The Contractor shall not be required to contract with anyone to whom the Contractor has made reasonable objection. 103 Contracts between the Contractor and Subcontractors shall (1) require each Subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of the Contract Documents, and to assume toward the Contractor all the obligations and responsibilities, including the responsibility for safety of the Subcontractor's Work, which the Contractor, by the Contract Documents, assumes toward the Owner and Architect, and (2) allow the Subcontractor the benefit of all rights, remedies and redress afforded to the Contractor by these Contract Documents. ARTICLE 11 OWNER'S RIGHT TO PERFORM CONSTRUCTION AND TO AWARD SEPARATE CONTRACTS 11.1 The Owner reserves the right to perform construction or operations related to the Project with the Owners own forces, and to award separate contracts in connection with other portions cY 01997 :AIA® AIA DOCdMENT A107 -1997 ABBREVI%1TED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 • I\.1/�, 01997 AIA® AIA DOCUMENT A1071997 • ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 10735 New York Avenue, N.W_ Washington, D.C. 20006 -5292 of the Project or other construction or operations on the site under conditions of the contract identical or substantially similar to these, including those portions related to insurance and waiver of subrogation. If the Contractor claims that delay or additional cost is involved because of such action by the Owner, the Contractor shall make such claim as provided in Paragraph gao. 11.2 The Contractor shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activi- ties, and shall connect and coordinate the Contractor's activities with theirs as required by the Contract Documents. 113 The Owner shall be reimbursed by the Contractor for costs incurred by the Owner which are payable to a separate contractor because of delays, improperly timed activities or defective construction of the Contractor. The Owner shall be responsible to the Contractor for costs incurred by the Contractor because of delays, improperly timed activities, damage to the Work or — defective construction of a separate contractor. ARTICLE 12 CHANGES IN THE WORK 12.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order signed by the Owner, Contractor and Architect, or by written Construction Change Directive signed by the Owner and Architect. 12.2 The cost or credit to the Owner from a change in the Work shall be determined by mutual agreement of the parties or, in the case of a Construction Change Directive, by the Contractor's cost of labor, material, equipment, and reasonable overhead and profit. 123 The Architect will have authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes shall be effected by written order and shall be binding on the Owner and Contractor. The Contractor shall carry out such written orders promptly. 12.4 If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Contract Documents or from those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be equitably adjusted. ARTICLE 13 TIME 13.1 Time limits stated in the Contract Documents are of the essence of the Contract. By executing the Agreement the Contractor confirms that the Contract Time is a reasonable period for performing the Work. 13 13.2 The date of Substantial Completion is the date certified by the Architect in accordance with Subparagraph 14.4.2. 13.3 If the Contractor is delayed at any time in the commencement or progress of the Work by changes ordered in the Work, by labor disputes, fire, unusual delay in deliveries, abnormal adverse weather conditions not reasonably anticipatable, unavoidable casualties or any causes beyond the Contractors control, or by other causes which the Architect determines may justify delay, then the Contract Time shall be extended by Change Order for such reasonable time as the Architect may determine, subject to the provisions of Paragraph gao. ARTICLE 14 PAYMENTS AND COMPLETION 14.1 APPLICATIONS FOR PAYMENT 14.1.1 Payments shall be made as provided in Article 4 of this Agreement. Applications for Payment shall be in a form satisfactory to the Architect. 14.1.2 The Contractor warrants that title to all Work covered by an Application for Payment will pass to the Owner no later than the time of payment. The Contractor further warrants that upon submittal of an Application for Payment all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall, to the best of the - Contractor's knowledge, information and belief, be free and clear of liens, claims, security interests or other encumbrances adverse to the Owner's interests. 14.2 CERTIFICATES FOR PAYMENT 14.2.1 The Architect will, within seven days after receipt of the Contractor's Application for Payment, either issue to the Owner a Certificate for Payment, with a copy to the Contractor, for such amount as the Architect determines is properly due, or notify the Contractor and Owner in writing of the Architect's reasons for withholding certification in whole or in part as provided in Subparagraph 42.3. 14.2.2 The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Architect's evaluations of the Work and the data comprising the Application for Payment, that the Work has progressed to the point indicated and that, to the best of the Architect's knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents. The foregoing representations are subject to an evaluation of the Work for conformance with the Contract Documents upon Substantial Completion, to results of subsequent tests and inspections, to correction of minor deviations from the Contract Documents prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment will further constitute a representation that the Contractor is entitled to payment in the amount certified. However, the issuance of a Certificate for Payment will not be a representation that the Architect has (i) made exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Owner to substantiate the Contractors right to payment, or (4) made examination to ascertain how or for what purpose the Contractor has used money previously paid on account of the Contract Sum: 14.23 The Architect may withhold a Certificate for Payment in whole or in part,�to the extent reasonably necessary to protect the Owner, if in the Architect's opinion the representations to the Owner required by Subparagraph 14.2.2 cannot be made. If the Architect is unable to certify payment in the amount of the Application, the Architect will notify the Contractor and Owner as provided in Subparagraph 14.2.1. The Architect may also withhold a Certificate for Payment or, because of subsequently discovered evidence, may nullify the whole or a part of a Certificate for Payment previously issued, to such extent as may be necessary in the Architect's opinion to protect the Owner from loss for which the Contractor is responsible, including loss resulting from acts and omissions described in Subparagraph 8.2.2, because of: .t defective Work not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Contractor; s failure of the Contractor to make payments properly to Subcontractors or for labor, materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; s damage to the Owner or another contractor; N l 1 I 01997 AIA® AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 .6 reasonable evidence that the Work will not be completed within the Contract Time and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; or .7 persistent failure to carry out the Work in accordance with the Contract Documents. 14.2.4 When the above reasons for withholding certification are removed, certification will be made for amounts previously withheld. 143 PAYMENTS TO THE CONTRACTOR 143.1 The Contractor shall promptly pay each Subcontractor, upon receipt of payment from the Owner, out of the amount paid to the Contractor on account of such Subcontractor's portion of the Work, the amount to which said Subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of such Subcontractor's portion of the Work. The Contractor shall, by appropriate agreement with each Subcontractor, require each Subcontractor to make payments to sub - subcontractors in similar manner. 143.2 Neither the Owner nor Architect shall have an obligation to pay or see to the payment of money to a Subcontractor except as may otherwise be required by law. 1433 A Certificate for Payment, a progress payment, or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Contract Documents. 14.4 SUBSTANTIAL COMPLETION 14.4.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. 14.4.2 When the Architect determines that the Work or designated portion thereof is substantially complete, the Architect will issue a Certificate of Substantial Completion which shall establish the date of Substantial Completion, establish responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance, and fix the time within which the Contractor shall finish all items on the list accompanying the Certificate. Warranties required by the Contract Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. Upon the issuance of the Certificate of Substantial Completion, the Architect will submit it to the Owner and Contractor for their written acceptance of responsibilities assigned to them in such Certificate 0 The American Institute 14,5.2 Final payment shall not become due until the Contractor has delivered to the Owner a of Architects complete release of all liens arising out of this Contract or receipts in full covering all labor, 1735 New York Avenue, N.W. P g P g Washington, D.C. 20006 -5292 14.5 FlNAL COMPLETION AND FlNAL PAYMENT 14.5.1 Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment, the Architect will promptly make such 11 inspection and, when the Architect finds the Work acceptable under the Contract Documents and ( the Contract fully performed, the Architect will promptly issue a final Certificate for Payment u. o stating that to the best of the Architect's knowledge, information and belief, and on the basis of v000 the Architect's on -site visits and inspections, the Work has been completed in accordance with terms and conditions of the Contract Documents and that the entire balance found to be due the 01997 A i A ® Contractor and noted in the final Certificate is due and payable. The Architect's final Certificate AM DOCUMENT A1W4"7 for Payment will constitute a further representation that conditions stated in Subparagraph 14.5.2 ABBREVIATED OWNER- CONTRACTOR AGREEMENT as precedent to the Contractors being entitled to final payment have been fulfilled. P g P Y 0 The American Institute 14,5.2 Final payment shall not become due until the Contractor has delivered to the Owner a of Architects complete release of all liens arising out of this Contract or receipts in full covering all labor, 1735 New York Avenue, N.W. P g P g Washington, D.C. 20006 -5292 materials and equipment for which a lien could be filed, or a bond satisfactory to the Owner to indemnify the Owner against such lien. If such lien remains unsatisfied after payments are made, the Contractor shall refund to the Owner all money that the Owner may be compelled to pay in discharging such lien, including costs and reasonable attorneys' fees. 14.53 The making of final payment shall constitute a waiver of claims by the Owner except those arising from: .t liens, claims, security interests or encumbrances arising out of the Contract and unsettled; 2 failure of the Work to comply with the requirements of the Contract Documents; or 3 terms of special warranties required by the Contract Documents. 14.5.4 Acceptance of final payment by the Contractor, a Subcontractor or material supplier shall constitute a- waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. ARTICLE 15 PROTECTION OF PERSONS AND PROPERTY 15.1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. The Contractor shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury or loss to: .1 employees on the Work and other persons who may be affected thereby; 2 the Work and materials and equipment to be incorporated therein; and 3 other property at -the site or adjacent thereto. The Contractor shall give notices and comply with applicable laws, ordinances, rules, regulations and lawful orders of. public authorities bearing on safety of persons and property and their protection from damage, injury or loss. The Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, a Subcontractor, a sub - subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts they may be liable and for which the Contractor is responsible under Subparagraphs 15.1.2 and 153.3, except for damage or loss attributable to acts or omissions of the Owner or Architect or by anyone for whose acts either of them may be liable, and not attributable to the fault or negligence of the Contractor. The foregoing obligations of the Contractor are in addition to the Contractors obligations under Paragraph &13. 152 HAZARDOUS MATERIALS 15.2.1 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including but not limited to asbestos or polychlorinated biphenyl (PCB), encountered on the site by the Contractor, the Contractor shall, upon recognizing the condition, immediately stop Work in the affected area and report the condition to the Owner and Architect in writing. When the material or substance has been rendered harmless, Work in the affected area shall resume upon written agreement of the Owner and Contractor. The Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Contractors reasonable additional costs of shutdown, delay and start-up, which adjustments shall be accomplished as provided in Article 12 of this Agreement. 15.22 To the fullest extent permitted by law, the Owner shall indemnify and hold harmless the Contractor, Subcontractors, Architect, Architect's consultants and agents and employees of any of them from and against claims, damages, losses and expenses, including but not limited to attorneys' fees, arising out of or resulting from performance of the Work in the affected area if in fact the material or substance presents the risk of bodily injury or death as described in O 1997 AIA® AIA DOCUMENT A1071997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 Subparagraph 15.2.1 and has not been rendered harmless, provided that such claim, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself), and provided that such damage, loss or expense is not due to the sole negligence of a party seeking indemnity. 15.23 If, without negligence on the part of the Contractor, the Contractor is held liable for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Contract Documents, the Owner shall indemnify the Contractor for all cost and expense thereby incurred. ARTICLE 16 INSURANCE 16.1 The Contractor shall purchase from and maintain in a company or companies lawfully authorized to do business in the jurisdiction in which the Project is located insurance for protection from claims under workers' compensation acts and other employee benefit ads which are applicable, claims for damages because of bodily injury, including death, and claims for damages, other than to the Work itself, to property which may arise out of or result from the Contractor's operations under the Contract, whether such operations be by the Contractor or by a Subcontractor or anyone directly or indirectly employed by any of them. This insurance shall be written for not less than limits of liability specified in the Contract Documents or required by law, whichever coverage is greater, and shall include contractual liability insurance. applicable -to the Contractor's obligations. Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. Each policy shall contain a provision that the policy will not be canceled or allowed to expire until at least 3o days' prior written notice has been given to the Owner. 16.2 OWNER'S LIABILITY INSURANCE The Owner shall: be responsible: for .purchasing • and. maintaining.-the. Owner's usual. liability insurance. 16.3 PROJECT MANAGEMENT 'PROTECTIVE LIABILITY INSURANCE 163.1 Optionally, the Owner may require the Contractor to purchase and maintain Project Management Protective Liability insurance from the Contractor's usual sources as primary coverage for the Owner's, Contractor's and Architect's vicarious liability for construction operations under the Contract. Unless otherwise required by the Contract Documents, the Owner shall reimburse the Contractor by increasing the Contract Sum to pay the cost of purchasing and maintaining such optional insurance coverage, and the Contractor shall not be responsible for purchasing any other liability insurance on behalf of the Owner. The minimum limits of liability purchased with such coverage shall be equal to the aggregate of the limits required for Contractor's Liability insurance under Paragraph 16.1. 163.2 To the extent damages are covered by Project Management Protective Liability insurance, the Owner, Contractor and Architect waive all rights against each other for damages, except such rights as they may have to the proceeds of such insurance. The policy shall provide for such waivers of subrogation by endorsement or otherwise. of �O lY �1• (J.(l . 1633 The Owner shall not require the Contractor to include the Owner, Architect or other 01997 A 1 A O persons or entities as additional insureds on the Contractor's Liability insurance under Paragraph AIA DOCUMENT A1074997 ABBREVIATED OWNER - CONTRACTOR. AGREEMENT 16.4 PROPERTY INSURANCE The American Institute 16.4.1 Unless otherwise provided, the Owner shall purchase and maintain, in a company or com- of Architects anies lawful) authorized to do business in the jurisdiction in which the Project is located, P y I 1 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 property insurance on an "all -risk" policy form, including builders risk, in the amount of the ini- tial Contract Sum, plus the value of subsequent modifications and cost of materials supplied and installed by others, comprising total value for the entire Project at the site on a replacement cost basis without optional deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made as provided in Paragraph 14.5 or until no person or entity other than the Owner has an insurable interest in the property required by this Paragraph 16.4 to be covered, whichever is later. This insurance shall include interests of the Owner, the Contractor, Subcontractors and sub - subcontractors in the Project. 16.4.2 The Owner shall file a copy of each policy with the Contractor before an exposure to loss may occur. Each policy shall contain a provision that the polity will not be canceled or allowed to expire, and that its limits will not be reduced, until at least 3o days' prior written notice has been given to the Contractor. 16.5 WAIVERS OF SUBROGATION 16.5.1 The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub - subcontractors, agents and employees, each of the other, and (2) the Architect, Architect's consultants, separate contractors described in Article t1, if any, and any of their subcontractors, sub - subcontractors, agents and employees for damages caused by fire or other causes of loss to the extent covered by property insurance obtained pursuant to Paragraph 16.4 or other property insurance applicable to the Work, except such rights as they have to proceeds of such insurance held by the Owner as fiduciary. The Owner or Contractor, as appropriate, shall require of the Architect, Architect's consultants, separate contractors described in Article 11, if any, and the subcontractors, sub - subcontractors, agents and employees of any of them, by appropriate agreements, written where legally required for validity, similar waivers each in favor of other parties enumerated herein. The policies shall .provide such waivers of subrogation by endorsement or otherwise. A waiver of subrogation shall be effective as to a person or entity even: though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable interest in the properly damaged. 16.5.2 A loss insured under the Owners property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear, subject to requirements of any applicable mortgagee clause. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their sub - subcontractors in similar manner. ARTICLE 17 CORRECTION OF WORK 17.1 The Contractor shall promptly correct Work rejected by the Architect or failing to conform to the requirements of the Contract Documents, whether discovered before or after Substantial Completion and whether or not fabricated, installed or completed. Costs of correcting such - rejected Work, including additional testing and inspections and compensation for the Architect's services and expenses made necessary thereby, shall be at the Contractor's expense. --- 17.2 In addition to the Contractor's obligations under Paragraph 8.4, if, within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Subparagraph 14.4.2, or by terms of an applicable special warranty required by the Contract Documents, any of the Work is found to be not in accordance with the requirements of the Contract Documents, the Contractor "shall correct it 18 I ®1997 AIA® ALA DOCUMENT A1071997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 r, N; r 01997 AIA® AIA DOCUMENT A107 -1997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Contractor a written acceptance of such condition. The Owner shall give such notice promptly after discovery of the condition. During the one -year period for correction of Work, if the Owner fails to notify the Contractor and give the Contractor an opportunity to make the correction, the Owner waives the rights to require correction by the Contractor and to make a claim for breach of warranty. 173 If the Contractor fails to correct nonconforming Work within a reasonable time, the Owner may correct it in accordance with Paragraph 7.3. 17.4 The one -year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual performance of the Work. 17.5 The one -year period for correction of Work shall not be extended by corrective Work performed by the Contractor pursuant to this Article 17. ARTICLE 18 MISCELLANEOUS PROVISIONS 18.1 ASSIGNMENT OF CONTRACT Neither party to the Contract shall assign the Contract without written consent of the other. 18.2 GOVERNING LAW The Contract shall be governed by the law of the place where the Project is located. 183 TESTS AND INSPECTIONS Tests, inspections and approvals of portions of the Work required by. the Contract Documents or by laws, ordinances, rules, regulations or orders of public authorities having jurisdiction shall be made at an appropriate time. Unless otherwise provided; the Contractor shall make arrangements for such tests, .inspections and approvals with an independent testing laboratory or entity acceptable to the Owner, or with the appropriate public authority, and shall bear all related costs of tests, inspections and approvals. The Contractor shall give the Architect timely notice of when and where tests and inspections are to be made so that the Architect may be present for such procedures. The Owner shall bear costs of tests, inspections or approvals which do not become requirements until after bids are received or negotiations concluded. 18.4 COMMENCEMENT OF STATUTORY LIMITATION PERIOD As between Owner and Contractor, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued: .1 not later than the date of Substantial Completion for acts or failures to act occurring prior to the relevant date of Substantial Completion; .2 not later than the date of issuance of the final Certificate for Payment for acts or fail- ures to act occurring subsequent to the relevant date of Substantial Completion and prior to the issuance of the final Certificate for Payment; and .3 not later than the date of the relevant act or failure to act by the Contractor for acts or failures to act occurring after the date of the final Certificate for Payment. ARTICLE 19 TERMINATION OF THE CONTRACT 19.1 TERMINATION BY THE CONTRACTOR If the Architect fails to recommend payment for a period of 3o days through no fault of the Contractor, or if the Owner fails to make payment thereon for a period of 3o days, the Contractor may, upon seven additional days' written notice to the Owner and the Architect, terminate the Contract and recover from the Owner payment for Work executed and for proven loss with respect to materials, equipment, tools, and construction equipment and machinery, including reasonable overhead, profit and damages applicable to the Project. 191 TERMINATION BY THE OWNER 19.2.1 The Owner may terminate the Contract if the Contractor: .1 persistently or repeatedly refuses or fails to supply enough properly skilled workers or proper materials; .3 fails to make payment to Subcontractors. for materials or labor in accordance with the respective agreements between the Contractor and the Subcontractors; .3 persistently disregards laws, ordinances, or rules, regulations or orders of a public authority having jurisdiction; or .4 otherwise is guilty of substantial breach of a provision of the Contract Documents. 19.2.2 When any of the above reasons exists, the Owner, upon certification by the Architect that sufficient cause exists to justify such .action, may, without prejudice to any other remedy the Owner may have and after giving the Contractor seven days' written notice, terminate the Contract and take possession of the site and of all materials, equipment, tools, and construction equipment and machinery thereon owned by the Contractor and may finish the Work by whatever reasonable method the Owner may deem expedient. Upon request of the Contractor, the Owner shall furnish to the Contractor a detailed accounting of the costs incurred by the Owner in finishing the Work. 19.2.3 When the Owner terminates the Contract for one of the reasons stated in Subparagraph •19.2.1, the Contractor shall not be entitled to receive further payment. until the Work is finished. 19.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work, including compensation- for the .Architect's. services and expenses made necessary thereby, and other damages incurred by the Owner and not expressly waived, such excess shall be paid to the Contractor. -If-such costs and. damages -exceed the unpaid-balance, the ,Contractor shall pay the difference to the Owner. The amount to be paid to the Contractor or Owner, as the case may be, shall be certified by the Architect, upon application, and this obligation for payment shall survive termination of the Contract. Q F - J 01997 AIA® AIA DOCUMENT A1074997 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -5292 • • _ I ARTICLE 200THER CONDITIONS OR PROVISIONS (1) NEW IRRIGATION PIPING WILL BE INSTALLED PRIOR TO NEW LANDSCAPING WORK. (2) OWNER TO PROVIDE SURVEYS & RADIUS POINTS FOR SIDEWALK & GUARDRAIL LAY -OUT. (3) OWNER TO PROVIDE ANY PERMITS, APPROVALS, AND REQUIRED TESTING OF SIDEWALK OR GUARDRAIL WORK. (4) REINFORCEMENT FOR CONCRETE SIDEWALKS WILL BE FIBER MESH ADDITIVE AND NOT STEEL. (5) END CAPS USED ON GUARD RAIL WILL BE THAT SHOWN AS ON RIDDED DRAWINGS. (6) ANY PIPING, FITTINGS, VALVES AND WIRING FOUND DEFECTIVE DURING THE COURSE OF THIS WORK AND NOT SHOWN ON DRAWINGS TO BE REPAIRED!WILL BE CONSIDERED EXTRA WORK. This Agreement entered into as of the day and year first written above. O W N E R (signature) U� C O N T R A C T O R (Signature) RONALD FERRIS, AGENT FOR OWNER CHARLES MORETTI, OWNER (Printed name and title) (Printed name and title) CAUTION: You should sign an original AIA document or a licensed reproduction. Originals contain the AIA logo III 7011k, printed in red, licensed reproductions are those produced in accordance with the Instructions to this document. 01997 AIA® AIA DOCUMENT A107-1"7 ABBREVIATED OWNER - CONTRACTOR AGREEMENT The American Institute of Architects 1735 New York Avenue, N.W. Washington, D.C. 20006 -S292 From: CHARLIE MORETTI 561 - 844.8044 To: ESQ. LEONARD RUBIN Date: 1/10/01 Time: 4:52:20 PM Page • CONTRACT ADDENDA 41 1/10/2001 I. ON PAGE 1 THE FOLLOWING LANGUAGE SHOULD DE ADDED WHERE THE ARCHITECT 18 TO HE NAMED: " TOR THE PURPOSES OF ADMINISTERING THIS1 AGREEMENT, THE OWNER SHALL SERVE AS THE ARCEMCT." S. ARTICLE 4.1.1 SHOULD HE AMENDED TO READ: M PROGRESS PAYMENTS WILL HE MADE BASED UPON PERCENTAGE OF CONMWTEDI PROJECT LIME ITEMA. (SEE ATX'AMM PROJECT LINE ITEM SHEET) PROGRESS PAYMENTS WILL BE SUBMITTED TWICE MONTHLY AND PAID LESS 10% RETAINAGE WTTIIDY 15 DAYS FROM APPLICATION DATE." 3. ARTICLE 4.1.3 SHOULD BE AMENDED TO BEAD AS FOLLOWS. "PAYMENTS DUE AND UNPAID UNDER THE CONTRACT SHALL HEAR INTEREST' XN ACCORDANCE WrM FLORIDA PROMPT PAYMENT ACT, SECTION 218.70, ; FLORWA STATUTES, et seq." 4. DENTE ARTICLES 6.0, 9.1 THROUGH 9.9,14.2,16.2 AND 16.4 IN THEIR ENTIRETY. 5. ARTICLE 14.4.2 SHOULD HE AMENDED TO READ AS FOLLOWS: "WIEEN THE OWNER AND OR CONTRACTOR DETERMINES THAT THE WORK OR DESIGNATED PORTIONS THEREOF IS SUBSTANTIALLY COMPLETE AND IS SUITABLE FOR Tim' OWNER TO USE FOR ITS INTENDED PURPOSE, THE OWNER WR.1• ISSUE A CERTIFICATE OF SUBSTANTIAL COMPLETION. ALL WARRANTIES PER CONTRACT DOCUMENTS SHALL COMMENCE AT THAT POINT IN TIME UNLESS OTHERWISE STATED IN THE CERTIFICATE OF SUBSTANTIAL COMPLETION" 6. ARTICLE 14.5 SHOULD BE AMENDED TO READ AS FOLLOWS: "UPON RECEIPT OF WRITTEN NOTICE AND PAYMENT APPLICATION THAT THE WORK OR DESIGNATED PORTIONS OF THE WORD 15 READY FOR FINAL INSPECTION AND ACCEPTANCE, THE OWNER WILL PROMPTLY MA" SUCH INSPECTION AND WREN THE OWNER NNW THE WORK ACCEPTABLE UNDER THE CONTRACT DOCUMENTS, OWNER WILL ISSUE P'1riAL JPAYINA'iNT XKOLUV INQ RE AINAGE WITHHELD WITHIN 15 DAYS FOR THAT PROJECT LINE ITEM HAWING FINAL. INSPECTION AND ACCEPTANCE." 7. ARTICLE 9.2 SHOULD START AFTER THE WORD "OR" IN THE SECOND LINE, AND THE NUMBER OF DAYS SHOULD BE CHANGED FROM 30 TO 4S. 1] • • From: CHARLIE MOREttI 561.844.8044 To: ESQ. LEONARD RUBIN Date: 1/10/01 Time: 4:52:20 PM Page f PM j ggt I M* @ Itemol p"jWt ID: P.B.G. 112.001 ITription: IRRIGATION SYSTEM CONSTRUCTION & RENOVA For/Owner. CITY OF PALM BEACH GARDENS OrjW"sl Contrad Priem $ 166,800.00 Line # DwAF ti0n Aaandant x' rpe I�atc - Cb 1 MOR I ZATION $5,000.00 O 12/13/2000 2 SIDEWALK CONST. $22,800.00 O 12/13/'2000 3 GUARD RAIL CONST. $6,500.00 O 12/13/2000 4 LAKE FOUNTAIN $7,300.00 O 12/13/2000 5 ROAD BORES $10,100.00 O 12/13/2000 6 MAINIJ E PIPE & WIRES $25,000.00 O 12/13/2000 7 ELECi•1OC VALVES & BOXES $149300.00 O 12/13/2000 8 ZONE PIPING, HEADS & RISERS $55,600.00 O 12/13/2000 9 BAIINWILD RENOVATIONS $20,000.00 O 12/13/2000 Taal BcbedaW Valsm $1 66,800.00 r .. . 0,,. - SPECIALTY CONTRO PALM BEACH COUNTY COUNTY OCCUPATIONAL LICENSE CW -oae 96 -04246 8SOLUTE IRR MORETTI CHAR PO 80 9112 JLPITER FL 3 L .L ED C /.itIDE *185.• w8l 3 1 I OE R 3 TOTAL *185.• THIS IS NOT A BILL - DO NOT PAY PAI00 P8C TAX COLLECTOR — *185085 !OCC 49 36724 09- 22-2000 THIS LICENSE VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR LICENSE t+ LW BE 004 AM M CONOWUOUSLY AT ESMMJ" E f OR PLACE OF 6tWa JOHN K. CLARK, CFC TAX COLLECTOR, PALM BEACH COUNTY MARTIN COUNTY ORWM tx l993 : 520 , O2T t:Ear See 1864. 2000 COUNTY OCCUPATIONAL LICENSE 2001 ? PHONE S61. 744 _ S33ft inc w-- 1711 LA" C. 0VW=6 Tax C009d r {0186 Stew% FL 34SW UXATIM 123dk6.185 -ST' CHARACTER; COUNTS, IN: MARTIN COU a, 33"88 PREV rR. { 0-00 uc. FM { { 0.00. PENALTY { f I wwo f ,� { Ot.00. ooL.FEE { TPAlrA%R 11 MTAL 25#.00- 4 RRI6ATIOW MARETTI ' - AiION�%�SPI KiER �ONTR s l IZ . ArASOVe�aewen�.HaooeEOM+fwwnfe -w- ,_,. R-FLs33468 1 °oAraF ,. OCTOBER: w00. . mwovmu-v-xwm�-200i -- .12' 92101-3901 PAID u 0 • di RD CERTIFICATE OF LIABILITY INSURANCkI I DATE ID ISOMER 12/14/00 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION r ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE delity Insurance HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 45 US Highway One ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. o Beach FL 33408 - Phone: 561- 775 -7180 Fax: 561- 775 -7186 INSURERS AFFORDING COVERAGE INSURED INSURER A: OWNERS INSURANCE COMPANY INSURER B: PROGRESSIVE AMERICAN INS. CO. Charlie Morreti d7b /a C Absolute Irri atio INSURER RELIANCE NATIONAL � P.O. BOX 9112 INSURER D: Jupiter FL 33468 INSURER E: _ COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER DATE M M/DD IV E POLICY DATE MMIDD EXPIRATION ) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1000000 A X COMMERCIAL GENERALUABILTIY 20583180 01/28/00 01/28/01 FIRE DAMAGE (Any one fire) $ 50000 CLAIMS MADE NI OCCUR MED EXP (Any one person) $ 5000 PERSONAL & ADV INJURY $ 1000000 A X Contractual INCL GENERALAGGREGATE $ 2000000 GEMLAGGREGATELIMITAPPLIESPER. PRODUCTS - COMP/OP AGG $ 2000000 PRO �� JECT LOC AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ 1000000 B ALL OWNED ALTOS X SCHEDULED AUTOS CA04433427 01/28/00 01/28/01 8001LY INJURY (Per person) $ HIRED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO EA ACC OTHER THAN $ $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR n CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE 3 $ $ RETENTION $ C WORKERS COMPENSATION AND EMPLOYERSUABILITY ICW1201357 01/28/00 01/28/01 X TORY LIMITS ER EL EACH ACCIDENT $ 100000 EL DISEASE -EA EMPLOYE $ 100000 EL DISEASE - POLICY LIMIT I $ 500000. OTHER DESCRIPTION OF OPERATIONSILOCATIONS /VEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS *30 Days Notice Workers Comp IRRIGATION DESCRIPTIONS OF OPERATION: IRRIGATION SYSTEM, LAKE FOUNTAIN, SIDEWALK 6 GARDRAIL CONSTRUCTION (4tK I Itl(:A 1 It MULUILK I N I ADDITIONAL INSURED; INSURER LETTER: CANCELLATION CIrYPBE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI< DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL LO DAYS WRITTEN CITY OF PALM BEACH GARDENS NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL 10500 NORTH MILITARY TRAIL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. I PALM BEACH GARDENS FL 33410 , 17 -4 ACORD 26S (7197) 0 C C CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 SUBJECT /AGENDA ITEM Second Reading & Public Hearing: Ordinance 32, 2000, a request to amend and expand the previously approved St. Mark's Church and School Planned Unit Development (PUD). (7- 42S -43E) RECOMMENDATION Staff recommends approval of Ordinance 32, 2000, which contains conditions of approval. Reviewed by: Originating Dept.: Costs: $ Total Council Action: City Attome Gro anagement ( ] Approved Finance NA $ [ ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. NA Advertised: Funding Source: [ ] Continued to: Other NA Date: 1/3/01 [ ] Operating Attachments: Paper: Palm Beach []Other *Ordinance 32, 2000 Post [ ] Not Required tt b Gr wth men Affected parties Budget Acct. #:: Director , ]Notified [ ]None Approved b App y: /� City Mana r / ]Not required • City Council Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 REQUEST Fanning /Howey Associates, Inc., agent for St. Mark's Church, Inc., is requesting a planned unit development amendment to expand the previously approved St. Mark's Playing Fields PUD to include the St. Mark's Church and School site on the east side of Gardens East Drive, add an additional school building of approximately 14,000 square feet in size, and expand the church building by 945 square feet. This petition also includes a time extension for the portable trailer on the eastern section of the site that is to be removed by June 15, 2001. The 11 -acre site is located on the northeast and northwest corners of Burns Road and Gardens East Drive. BACKGROUND St. Mark's Episcopal Church and School, on the northeast corner of Burns Road and Gardens East Drive, was approved on March 19, 1992 with Resolution 21, 1992. The private school playing fields on the northwest corner of Burns Road and Gardens East Drive, approved as a PUD on June 3, 1999 with Ordinance 24, 1999, include a structure with an open -air pavilion for physical education, concession booth, restrooms, custodian room, storage area, and a room for use by the physical education teacher. On July 1, 1993, a conditional use for a temporary classroom trailer was approved with the passage of Resolution 71, 1993 (see attached). The resolution is unclear as to if the temporary use of the trailer was to expire in July of 1994 or 1995; nonetheless the temporary classroom trailer was never removed. The matter was not resolved with condition #6 in Resolution 119, 1994 (see attached), which states "No time extension shall be granted for the use of the portable classroom structure on the site as approved by Resolution 71, 1993, until July 31, 1999." After July 31, 1999 the applicant submitted a time extension application for the temporary classroom trailer (which should have been removed at least 4 years prior). The time extension petition was subsequently withdrawn, and the request for the time extension for the temporary classroom trailer was incorporated into this petition. The applicant wishes to remove the trailer at the end of the 2000 -2001 school year. The northwest corner was approved as a PUD on June 3, 1999 with Ordinance 24, 1999. The subject property is bounded on the north by The Oaks (residential and ROS — Recreation Open Space) and Catalina Lakes (residential). To the west of the site is the Catalina Lakes townhome project. To the south is Gardens East Apartments (residential), Cedar Gardens Office (9,867 square feet of PO - professional office), and Palm Beach Gardens Medical Center (hospital). To the east of the site is Plaza North Medical Centre (a medical office building). 0 2 City Council Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 LAND USE & ZONING The western section of the subject site is zoned Residential — Medium Density (RM) with a Planned Unit Development (PUD) overlay, has a future land -use designation of Residential — Medium (RM), and is listed as Residential — High (RH) on the Vision Plan. The eastern section of the subject site is zoned Residential — Low Density 3 (RL -3), has a future land -use designation of Residential — Low (RL), and is listed as Professional Office (PO) on the Vision -Plan. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 on page four (4). Table 2 on page five (5) examines the consistency of the proposed project with the City Code and future land -use designation for the site. The following is the key for Table 1 and Table 2: PUD overlay = Planned Unit Development overlay PCD = Planned Community District RL =3 = Residential — Low Density 3 RL = Residential — Low Density RM = Residential — Medium Density PO = Professional Office P = Public CU = Conditional Use CONCURRENCY The proposed project received concurrency certification on August 17, 2000, which included concurrency for traffic, drainage, solid waste, sewer and water. PROCEDURE This is a request to amend and expand a PUD. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for amending and expanding the PUD, and makes a final determination of approval, approval with conditions, or denial. 3 City Council Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 r _ p y^ Y CIS. 1` GO tNG- �►NDL T S5'N�►'t N Wry STINaG�U81 Mq1tg V, M Z NCNG � x LANxD Subject Property _ West = Playing Fields RM w/ PUD overlay RM East = Church & School RL -3 with CU for church RL and school North Catalina Lakes RM w/ PUD overlay RM The Oaks RM w/ PUD overlay RL South Cedar Gardens Office PO PO Gardens East Apartments PCD with RM underlying RM zoning Palm Beach Gardens PO w/ PUD overlay P Medical Center West Catalina Lakes RM w/ PUD overlay RM East Plaza North Medical PO with CU for clinic and PO Centre sale of artificial limbs A City Council Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 Site = RL -3 & RM Church, School, and Yes Playing Fields (conditionally) Minimum Building Site Area for: RL -3 = 6,500 sqft. 4.9 acres Yes RM = 7,500 sqft. 6.1 acres Yes Minimum Site Width for: RL -3 = 65 feet 440 feet Yes RM = 100 feet 360 feet Yes Maximum Building Lot Coverage for: 12% RL -3' & RM = 35% Yes Maximum Building Height for: RL -3 & RM = 36 feet (or 2 stories) 2 stories ( <36 feet) Yes Front Setback for: No RL -3 = 25 feet 13 feet (existing nonconformity — church sanctuary) RM = 30 feet 371 feet Yes Side Setback for: RL -3 = 36 feet 83 feet Yes RM = 10 feet 15 feet Yes Side Setback Facing a Street for: RL -3 & RM = 20 feet 79 feet Yes Rear Setback for: RL -3 = 10 feet 8 feet No RM = 20 feet 333 feet Yes • s City Council Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 PROJECT DETAILS Building Site The 11 -acre site is located on the northeast (4.9 acres) and northwest (6.1 acres) corners of Burns Road and Gardens East Drive. The northwest corner is the site of the playing fields, multipurpose courts, and the ancillary building /pavilion. The northeast corner contains the church and school. The, applicant wishes to construct an additional school building (approximately 14,000 square feet in size) and expand the church building by 945 square feet; these additions will occur on the eastern section of the site. The school addition would enable the school to increase in size from 490 students to 570 students (from pre- kindergarten through eighth grade). It should be noted, however, that condition #1 of Resolution 119, 1994 limited the maximum number of students to 460. Site Access Access to both quadrants of the site occurs along Gardens East Drive; the eastern quadrant also can be accessed from Burns Road. Signage The site has two (2) existing ground signs; one sign is on the western section of the site (playing fields) and the other sign is located on the eastern section of the site (church and school). Phasing The phasing schedule for this petition incorporates the construction of the recently approved playing fields, multipurpose courts, and ancillary building to be located on the western section of the site; this part of the phasing makes up phases 1 and 2. Phase 3 will contain the building of the 14,000 square -foot classroom, and phase 4 will contain the 945 square -foot church addition. The build -out date for this project is the fall of 2001. Waivers The applicant is requesting a waiver to exceed the required parking by more than 10 %. The applicant is also requesting a waiver for the proposed eight -foot rear setback when code requires 10 feet. The rear setback waiver was a result of the Planning and Zoning Commission's request for more articulation along the north elevation of the proposed school building addition. Legal Nonconformities The front setback on the eastern section of the site is only 13 feet (code requires 25 feet), however, this is an existing building (the church sanctuary). City Council Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Planning & Zoning Division The Planning and Zoning Staff have stated that the entire site will have to be platted prior to the issuance of a building permit; the school will not be able to have more than 570 students; and the temporary classroom trailer shall be removed from the site by June 15, 2001. City Forester Mark Hendrickson stated in his October 4, 2000 memorandum that the following condition of approval should be included in the approval for the proposed project: • The applicant shall maintain the Gardens East Drive landscaping from their east campus to their western recreational property from the north boundary to Burns Road. City Engineering City Engineer Sean Donahue stated in a memorandum dated October 5, 2000 (see attached) that prior to construction plan approval, the applicant shall certify that this project meets the SFWMD water quality requirements. Public Works Jonathan Iles reviewed this petition and has submitted comments (see attached). Mr. Iles' comments reflect the same comment City Forester Mark Hendrickson made regarding the maintenance of the road shoulders along Gardens East Drive abutting the site. To date, no objections have been received from the following departments and agencies: Building Division, Fire Department, Police Department, Parks & Recreation Department, City Legal, Seacoast Utility Authority, Palm Beach County School District, Northern Palm Beach County Improvement District, South Florida Water Management District, Waste Management, and Florida Power & Light. OUTSTANDING ISSUES To date, there are no major outstanding issues regarding this petition. 7 City Council Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 PLANNING AND ZONING COMMISSION The Planning and Zoning Commission held workshops to review this petition on August 8, 2000, August 22, 2000, and September 26, 2000. The Commission heard this petition as a recommendation to City Council on October 10, 2000. The Commission recommended approval of petition PUD -00 -02 with Staff's recommendations and the 2 waivers needed by the applicant. CITY COUNCIL November 2, 2000 City Council Meeting City Council heard this petition as a first reading at their November 2, 2000 meeting. Council instructed the applicant that they would not pass the petition on first reading, and that the applicant would have to revise the pick-up/drop-off configuration so that any stacking of vehicles would occur internally to the site. Council also wanted to know why the temporary trailer had not been removed. The applicant revised the site plan to show two pick -up /drop -offs; one on the west side of the site and the other on the east side. Both are shown with two lanes of stackinq on site. Furthermore, the east pick -up /drop -off loop has been extended northward so that more stacking of vehicles can occur on site. In regard to the temporary trailer, Staff has determined that the applicant should have removed the trailer when the previous building addition was completed (a "media center /laboratory classroom building "), or by July 31, 1995, which ever occurred first. For reasons unknown to Staff, the trailer was never removed, and no one from the City followed up to see if the trailer had been removed. Staff can only speculate that the applicant was confused by the poor wording of the resolution that approved the "classroom /media center building" (Resolution 119, 1994), condition #6 in particular; and therefore mistakenly believed that the trailer could exist on site until July 31, 1999. December 21, 2000 City Council Meeting City Council heard this petition again as a first reading at their December 21, 2000 meeting. Council passed the petition on first reading provided the following revisions are made: 1. The east drop - off /pick -up loop traffic around the entire loop. 2. "No Parking" signs are placed Drive. 8 is widened to accommodate two lanes of in the swale area along Gardens East City Council Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 3. A condition is added that states that the applicant, successors or assigns will further stagger their drop- off /pick -ups if requested by the City. 4. A condition is added that states that the applicant, successors or assigns will provide at their expense, police officers to direct traffic circulation on and immediately off -site during the hours students are dropped -off and picked -up from school. This condition may be temporarily suspended by the City Council if the Council feels that this requirement is not warranted. 5. The condition regarding the removal of the temporary classroom trailer is revised so that the trailer is removed after the end of the 2000 -2001 school year. The applicant has revised the plans to show that the east drop- off /pick -up loop is two lanes in width, thereby addressing City Council revision #1. The applicant has also agreed to the other requested Council revisions, therefore Council revisions #2, #3, and #4 have been added, and the condition regarding the timing of the removal of the temporary classroom trailer has been revised (Council revision #5). RECOMMENDATION Based on the recommendation of the Planning and Zoning Commission and the comments from City Council, Staff recommends approval of PUD -00 -02 with the following conditions: 1. Prior to construction plan approval, the applicant shall certify that this project meets the SFWMD water quality requirements. (City Engineer) 2. Prior to the issuance of a building permit, the entire site shall be platted. (City Engineering) 3. The school shall not have more than 570 students. The applicant, its successors or assigns shall have to submit to the City (each August) a letter certifying the number of students that are enrolled for that particular school year. (Code Enforcement & Development Compliance) 4. The temporary classroom trailer shall be removed from the site by June 15, 2001. (Planning & Zoning) 5. The applicant shall maintain the Gardens East Drive landscaping from its east campus to its western recreational property from the north boundary to Burns Road. (City Forester) 6. Prior to the issuance of the final certificate of occupancy, "No Parking" signs shall be placed in the swale area along Gardens East Drive. (Planning & Zoning) 7. The applicant, successors or assigns shall further stagger their drop- off /pick -ups if requested by the City. (Planning & Zoning) 8. The applicant, successors or assigns shall provide, at their expense, police officers to direct traffic circulation on and immediately off -site, during the hours students are dropped -off and picked -up from school. This condition may be temporarily 9 • City Council Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 suspended by the City Council in its discretion, and. without necessitating an amendment of this development order, if the Council determines that this requirement is not warranted. (Planning & Zoning) 9. The buildout date for this project (including the playing fields and parking lot on the west side of Gardens East Drive) is December 31, 2001. (Planning & Zoning) And approval of the following waivers: 1. Maximum amount of on -site parking to exceed 110 % of required parking — Section 180(d)(1), which requires that the amount of parking on -site does not exceed 10% of the required parking for the site, to allow for parking on -site to exceed the required amount by 27.6 %. 2. Minimum rear setback — Section 71(c) and Section 75, which require a minimum rear setback of 10 feet, to allow for an eight -foot rear setback. grohn: pud0002.cc3 ri 0 10 October 16, 2000 December 4, 2000 December 29, 2000 ORDINANCE 32, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM ST. MARK'S CHURCH, INC. FOR AN AMENDMENT AND EXPANSION OF A PLANNED UNIT DEVELOPMENT BY APPROVING THE CONSTRUCTION OF A 14,000 SQUARE -FOOT SCHOOL BUILDING, A 945 SQUARE -FOOT CHURCH ADDITION, AND A LIMITED TIME EXTENSION FOR A TRAILER ON AN 11 ACRE SITE, LOCATED AT THE NORTHEAST AND NORTHWEST CORNERS OF BURNS ROAD AND GARDENS EAST DRIVE, 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 St. Mark's Church, Inc. for approval of an amendment to a planned unit development located at the northeast and northwest corners of Burns Road and Gardens East Drive, in order to construct a 14,000 square -foot school building, a 945 square -foot church addition, and permit a time extension for .a trailer on the 11 -acre site, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 11 -acre "St. Mark's Church and School" site is currently zoned RL -3 - Residential Low Density District on the eastern section of the site, and RM — Residential Medium Density District on the western section of the site; and WHEREAS, the applicant is requesting that the Planned Unit Development (PUD) overlay currently located on the eastern section of the site be extended to incorporate the western section of :the site (the area at the northwest corner of Burns Road and Gardens East Drive); 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 Ordinance 32, 2000 Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the amendment to the planned unit development (PUD) known as the "St. Mark's Church and School "; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and 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 an amendment to the "St. Mark's Church and School" PUD at the northeast and northwest corners of Burns Road and Gardens East Drive, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the construction of a 14,000 square -foot school building, the construction of a 945 square -foot church addition, and the approval of a limited time extension for a trailer (on the northeast corner of Burns Road). SECTION 2. Said Planned Unit Development is, approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to construction plan approval, the applicant shall certify that this project meets the SFWMD water quality requirements. (City Engineer) 2. Prior to the issuance of a building permit, the entire site shall be platted. (City Engineering) 3. The school shall not have more than 570 students. The applicant, its successors or assigns shall have to submit to the City (each August) a letter certifying the number of students that are enrolled for that particular school year. (Code Enforcement & Development Compliance) 4. The temporary classroom trailer shall be removed from the site by June 15, 2001. (Planning & Zoning) 5. The applicant shall maintain the Gardens East Drive landscaping from its east campus to its western recreational property from the north boundary to Burns Road. (City Forester) 2 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: Exhibits (dates represent date received and stamped in): 1. January 5, 2001 Index/Abbreviations, Fanning /Howey Associates, Inc., Sheet T1.2 (1 sheet total). 2. January 5, 2001 Master Site Plan, Fanning /Howey Associates, Inc., Sheet G1.1 (1 sheet total). 3. January 5, 2001 Phased Site Plans, Fanning/HoweyAssociates, Inc., Sheet G1.2 (1 sheet total). 4. January 5, 2001 Phase 3 — Site Plan, Fanning /Howey Associates, Inc., Sheet G1.3 (1 sheet total). 31 Ordinance 32, 2000 Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00-02 6. Prior to the issuance of the final certificate of occupancy, "No Parking" signs shall be placed in the swale area along Gardens East Drive. (Planning & Zoning) 7. The applicant, successors or assigns shall further stagger their drop - off /pick -ups if requested by the City. (Planning '& Zoning) . 8. The applicant, successors or assigns shall provide, at their expense, police officers to direct traffic circulation on and limmediately off -site, during the hours students are dropped -off and picked -up from school. This condition may be tempo jarily suspended by the City Council in its discretion, and without necessitating an amendment of this development order, if the Council determines that this requirement is not warranted. (Planning & Zoning) 9. The buildout date for this project (including the playing fields and parking lot on the west side of Gardens East Drive) is December 31, 2001. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. Maximum amount of on -site sparking to exceed 110 % of required parking — Section 180(d)(1), which requires that the amount of parking on -site does not exceed 10% !of the required parking for the site, to allow for parking on -site to exceed the required amount by 27.6 %. 2. Minimum rear setback — Section 71(c) and Section 75, which require a minimum rear setback of lb feet, to allow for an eight -foot rear setback. 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: Exhibits (dates represent date received and stamped in): 1. January 5, 2001 Index/Abbreviations, Fanning /Howey Associates, Inc., Sheet T1.2 (1 sheet total). 2. January 5, 2001 Master Site Plan, Fanning /Howey Associates, Inc., Sheet G1.1 (1 sheet total). 3. January 5, 2001 Phased Site Plans, Fanning/HoweyAssociates, Inc., Sheet G1.2 (1 sheet total). 4. January 5, 2001 Phase 3 — Site Plan, Fanning /Howey Associates, Inc., Sheet G1.3 (1 sheet total). 31 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 21St DAY OF DECEMBER 2000. 0 4 Ordinance 32, 2000 Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 5. January 5, 2001 Floor Plan — 1St Floor, Fanning /Howey Associates, Inc., Sheet Al. 1 (1 sheet total). 6. January 5, 2001 Floor Plan — 2 "d Floor, Fanning /Howey Associates, Inc., Sheet A1.2 (1 sheet total). 7. May 31, 2000 Roof Plan, Fanning/Howey Associates, Inc., Sheet A2.1 (1 sheet total). 8. January 5, 2001 North & South Elevations, Fanning /Howey Associates, Inc., Sheet A3.1 (1 sheet total). 9. January 5, 2001 East & West Elevations, Fanning/HoweyAssociates, Inc., Sheet A3.2 (1 sheet total). , 10. January 5, 2001 Section 1, Fanning /Howey Associates, Inc., Sheet A4.1 (1 sheet total). 11. January 5, 2001 Phase #3 /Building #9 Landscape Plan, Roy— Fisher Associates, Inc., (1 sheet total). 12. January 5, 2001 Landscape Details & Notes, Roy— Fisher Associates, Inc., (1 sheet total). 13. July 19, 2000 Sketch of Boundary Survey, Lawson, Noble & Webb, Inc., Sheet A375 (1 sheet total). 14. September 22, 2000 Sketch of Boundary Survey, Lawson, Noble & Webb, Inc., Sheet A502 (1 sheet total). SECTION 5. 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 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 21St DAY OF DECEMBER 2000. 0 4 Ordinance 32,2000 Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 PLACED ON SECOND READING THIS 18' DAY OF JANUARY 2001. PASSED AND ADOPTED THIS 18"' DAY OF JANUARY 2001. MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT 5 • MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: pud0002.or3 • • s Ordinance 32, 2000 Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 Ordinance 32, 2000 Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 EXHIBIT "A" LEGAL DESCRIPTION: A PARCEL OF LAND IN SECTION 7. TOWNSHIP 42 SOUTH, RANGE 43 EAST, TO WIT: FROM THE POINT OF INTERSECTION OF THE CENTERLINE OF THE FLORIDA EAST COAST RAILWAY RIGHT -OF -WAY AND THE EAST -WEST QUARTER SECTION LINE OF SECTION T. TOWNSHIP 42 SOUTH, RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA, RUN SOUTH 88'38'15' EAST. ALONG SAID EAST -WEST QUARTER SECTION LINE A DISTANCE OF 51.86 FEET (ACCORDING TO THE RIGHT -OF -WAY AND TRACT MAP OF THE FLORIDA EAST COAST RAILWAY CO., SAID CENTERLINE OF THE FLORIDA EAST COAST RAILWAY RIGHT -OF -WAY BEARS NORTH 14.01'00" WEST AT THIS POINT AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE THERETO) THENCE NORTH 75'59'01^ EAST. A DISTANCE OF 131.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 28337 FtE:T, AND A CENTRAL ANGLE OF 15'22.45^ THENCE EASTERLY. ALONG THE ARC OF 'SAID CURVE. A DISTANCE OF 766 A FEET TO THE ENO OF SAID CURVE; THENCE SOUTH 88'38'15' EAST. ALONG THE TANGENT TO SAID CURVE A DISTANCE OF 616-56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6'48.15 "; THENCE EASTERLY. ALONG THE ARC OF SAID CURVE. A DISTANCE OF 199.76 Ftt i TO THE ENO OF SAID CURVE; THENCE NORTH 84'3330° EAST. ALONG THE TANGENT TO SAID CURVE; A DISTANCE OF 64221 FEET; THENCE NORTH 14'01'00" WEST. A DISTANCE OF 30.34 FEET TO THE POINT OF BEGINNING AND THE SOUTHEAST CORNER OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUE NORTH 14.01.00' WEST. A DISTANCE OF 500 FEET; THENCE SOUTH 84'33'30" WEST. A DISTANCE OF 440.71 FEET; THENCE SOUTH 14.01'00" EAST. A DISTANCE OF 478.49 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST. HAVING A RADIUS OF 25 FEET AND A CENTRAL ANGLE OF 81'25'30' ; THENCE SOUTHEASTERLY. ALONG THE ARC OF SAID CURVE. A DISTANCE OF 35.53 FEET TO THE END OF SAID CURVE; THENCE NORTH 84'33'30' EAST. ALONG THE TANGENT TO SAID CURVE. A DISTANCE OF 419.20 FEET TO THE POINT OF BEGINNING. LESS AND EXCEPT, THE FOLLOWING DESCRIBED PARCEL: PARCEL 110.1 A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF SECTION 7. TOWNSHIP 42 SOUTH. RANGE 43 EAST. PALM BEACH COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE FOUND PALM BEACH COUNTY BRASS DISC MARKING THE NORTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 7; TtENC',E SOUTH 88'43'16' EAST ALONG THE NORTH LINE OF SOUTH 1/2 OF SAID SECTION T. A DISTANCE OF 34T4.71 i=tti; THENCE NORTH 01.16'44' EAST. A DISTANCE OF 161.50 FEET TO A POINT ON THE NORTH RIGHT -OF -WAY LINE OF BURNS ROAD. AS RECORDED IN OFFICIAL RECORD BOOK 1241. PAGE 259, PUBLIC RECORDS OF PALM , BEACH COUNTY. FLORIDA AND THE POINT OF BEGINNING; THENCE NORTH 84'30'43" WEST ALONG THE NORTH RIGHT -OF -WAY LINE. A DISTANCE OF 41920, FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTK HAVING A RADIUS OF 25.00 FEET; THENCE WESTERLY AND NORTHERLY ALONG THE ARC OF SAID CURVE 714ROUGH A CENTRAL ANGLE OF 81'25.03'. A DISTANCE OF 35.52 FEET TO THE POINT OF TANGENCY; THENCE NORTH 14.03'47" WEST. A DISTANCE OF 13.16 FEET; TM74M SOUTH 54'46'32" EAST. A DISTANCE OF 32.61 FEET; THENCE NORTH 84.30'43" EAST. A DISTANCE OF 352.83 rtz- TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTH, HAVING A _RADIUS OF 2136.50 FEET; THENCE EASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 01'4702 ". A DISTANCE OF 66.52 FEET TO A POINT ON THE EAST PROPERTY LINE OF A PARCEL OF LAND RECORDED IN OFFICIAL RECORD BOOK 1853. PACE 992. PUBLIC RECORDS OF PALM BEACH COUNTY. FLORIDA; THENCE SOUTH 14'03'47" EAST ALONG SAID PROPERTY LINE. A DISTANCE OF 12.10 FEET TO THE POINT OF BEGINNING. 0 7 Ordinance 32, 2000 Meeting Date: January 18, 2001 Date Prepared: December 29, 2000 Petition PUD -00 -02 LEGAL DESCRIPTION: A PARCEL OF LAND LYING IN SECTION 7. TOWNSHIP 42 SOUTH, RANGE 43 EAST, CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE PLAT OF TIE OAKS -SUN TERRACE PLAT 3, AS RECORDED IN PLAT BOOK 68, PAGES 70 THROUGH 73 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE NORTH 88034'14" WEST, ALONG THE WESTERLY EXTENTION OF THE SOUTH LINE OF SAID THE OAKS -SUN TERRACE PLAT 3, A DISTANCE OF 90.00 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE, CONTINUE ALONG SAID WESTERLY EXTENTION, NORTH 88 °34'14" WEST, A DISTANCE OF 167.45 FEET; THENCE SOUTH 14'05'37" EAST, A DISTANCE OF 411.80 FEET; THENCE ,SOUTH 06°34'58' EAST, A DISTANCE OF 370.43 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY UNE OF BURNS ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 6438, PAGE 668 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, THROUGH THE FOLLOWING THREE COURSES, SOUTH 88°43'15" EAST, A DISTANCE OF 80.45 FEET, TO THE POINT OF CURVATURE OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 1,617.15 FEET ; THENCE EASTERLY. ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 06°48'15 ". A DISTANCE OF 19204 FEET, TO A POINT OF TANGENCY; THENCE NORTH 8402830" EAST, A DISTANCE OF 78.18 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GARDENS EAST DRIVE. AS DESCRIBED IN OFFICIAL RECORDS BOOK 6709. PAGE 1410 OF THE PUBLIC RECORDS OF SAID PALM BEACH COUNTY; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, TMCOGH THE FOLLOWING FOUR COURSES, NORTH 35 °1227" EAST. A DISTANCE OF 17.01 FEET; THENCE NORTH 14 °05'44" WEST. A DISTANCE OF 136.85 FEET; THENCE NORTH 10*25'21" WEST, A DISTANCE OF 325.01 FEET, TO THE POINT OF CURVATURE OF A CURVE. CONCAVE EASTERLY. HAVING A RADIUS OF 400.00 FEET; THENCE NORTHERLY, ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 297TO17. A DISTANCE OF 205.60 FEET. TO A POINT OF INTERSECTION WITH A NON - TANGENT LINE; THENCE NORTH 14'05'44" WEST, ALONG A LINE PARAI I R WITH AND 15.00 FEET WEST OF THE WESTERLY LINE OF SAID PLAT OF THE OAKS -SUN TERRACE PLAT 3. A DISTANCE OF 62.13 FEET; THENCE NORTH 88°34'14" WEST, ALONG A LINE PARAI 1 Fl WITH AND 15.00 FEET SOUTH OF THE SOUTH LINE OF SAID PLAT OF THE OAKS -SUN TERRACE PLAT 3, A DISTANCE OF 243.65 FEET, THENCE NORTH 01 -25'46" EAST. A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 6.10 ACRES. MORE OR LESS. s 8 June 29, 1993 July 1, 1993 RESOLUTION 71, 1993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE TEMPORARY CONDITIONAL USE OF A TRAILER AS A CLASSROOM ON THE ST. MARK'S EPISCOPAL SCHOOL /CHURCH SITE; AND, PROVIDING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS THEREOF IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of -Palm Beach Gardens hereby authorizes the temporary conditional use of a trailer for a classroom on the St. Mark's Episcopal Church /School site at the corner of Campus Drive and Burns Road. Y$ry.. se:'•aiay :'continue until a permanent media taexJai�bratory °classroom.bui-lding is constructed aid occupied or : q ;2 +j► ar., !Wli i-1 -7 %3.1.J94,.'depending which event shall first : �' The temporary building shall be located and landscaped in V��' accordance with the following plans: June 24, 1993 Site Plan prepared by Stephen Boruff, AIA, consisting of 1 sheet. June 24, 1993 Landscape Plan prepared by Stephen Boruff, AIA, consisting of 1 sheet. June 2, 1993 Elevation Plan prepared by King's Custom Builders, Inc, Sheet 1 of 4. May 26, 1993, Floor Plan prepared by King's Custom Builders, Inc. Sheet 2 of 4. June 3, 1993 Typical Foundation Plan prepared by King's Custom Builder's Inc. Sheet 3 of 4. June 3, .1993 Cross- Section Plan prepared by King's Custom Builder's Inc. Sheet 4 of 4. Section 2. The following conditions are hereby approved: 1. The shrub material shall be thirty (30) inches in height at planting per City Landscape Code. 2. The temporary trail has been located where there would be no trees removed. The one (1) Maple tree proposed to be relocated is not large enough to be classified as a tree, however, if any trees die due to construction or construction practices the following schedule shall be used to replPce thA trees on ilte: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three inches in diameter. Palms shall be replaced with like specie one for one with a minimum 10' height. • 3. Prior to setti the trailer, trees designated preservation /rc — nation shall be tagged, and the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Architect of Record and City Forester prior to the issuance of any Building Department permits. Section 153.20 (Minimum Tree and Plant Installation Standards) shall also be enforced during construction. 4. All tree protection /relocation and landscape work shall be performed using current professional landscaping standards. The Architect of Record shall monitor all tree protection efforts, all tree relocation work, all. landscaping work, and any work that affects the outcome of the approved landscaping plans. The Architect of Record shall notify the City prior to any modification to the approved landscape plan. 5. Prior to the issuance of the Certificate of Occupancy the Architect of Record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the Planning and Zoning Commission or City Council. Once the City has the certified letter from the Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. Section 3. The aforesaid time period may be extended by subsequent resolution of the City Council. Section 4. Upon termination of use the trailer shall forthwith be removed from the location site. Section 5. All Ordinances or Resolutions, or parts thereof, in conflict herewith are hereby repealed. Section 6. This Resolution shall be effective upon date of passage. INTRODUCED, PASSED AND ADOPTED THIS THE D#i ,DF,''Mt, 1993. �SAYQR'�PiI alt. RUSSO ATTEST;,- f < 621D V. KOSIER; CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR MONROE COUNCILMAN JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK • AYE NAY ABSENT J v _ 0 RESOLUTION 119, 1994 August 26, 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO ST. MARK'S EPISCOPAL CHURCH CONDITIONAL USE, BY APPROVING A SITE PLAN FOR THE CONSTRUCTION OF A 13,775 SQUARE FOOT CLASSROOM/MEDIA CENTER BUR -nlNG; PROVIDING FOR CONDITIONS OF APPROVAL; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA; S�ectigm 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an Amendment to St. Mark's Episcopal Church Conditional Use, by approving a site plan for construction of a 13,775 square foot classroom/media center on the Site of St. Mark's Episcopal Church, located at the northeast corner of Burns Road and Gardens East Drive. $won 2. The site plan approval for the construction shall be in accordance with and subject to the following plans on file in the City Planning and Zoning Department: 1. Site Plan, dated August 1, 1994, by Fanning/Howey Associates, Inc. (One Sheet). 2. Conceptual Planting, dated August 1, 1994, Plan A by Fatming/Howey Associates, Inc. (One Sheet). 3. Building Planting Plan, dated May 22, 1994, by Fanning/Howey Associates, Inc. (One Sheet). 4. Site Planting Plan, dated May 22, 1994, by Fanning/Howey Associates, Inc. (One Sheet). 5. Exterior Elevations Plan; dated May 19, 1994, by Fanning/Howey Associates, Inc. (One Sheet). 6. First and Second Floor Plans Plan, dated May 19, 1994, by Fanning/Howey Associates, Inc. (Two Sheets). 7. Schematic Site Engineering Plan, dated May 23, 1994, by Jaynes E. Neuhaus, Inc. (One Sheet). I ' 0 Section 3. The petitioner shall comply with the following: The St. Mark's Episcopal Church School shall not exceed a 460 student population without verification from the City that the increase complies with the City's Concurrency Management Systems Ordinance. 2. Prior to issuance of the Certificate of Occupancy, the Landscape Architect of record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified 3. All landscape work shall be performed using current ;professional landscaping standards. The Landscape Architect of Record shall monitor all landscaping work, and any work that affects the outcome of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modification to the approved landscape plan. 4. Prior to cleaning or construction, trees, or native areas designated for preservation shall_ be tagged or roped —off. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 153.20 shall also be enforced during construction. 5. All trees or plants designed for preservation/relocation that die during construction or because of construction practices shall be replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced with Me specie. The minimum replacement tree shall be three inches in diameter. Palms shall be replaced with like specie one for one with a minimum 10' height. Shrubs shall be replaced with like specie one for one with a minimum 30" height. If the site can not support the total number of replacement trees as required above, City Council may permit the developer to donate excess trees to the City for planting on public lands. tame df0r.#Ut:.usc-±of.the.pQrtable v ssrdbm!structurc.. . UW00vedt*tsolution 7 >X99,3,.until�taly=, s1�,��999,�� .:...,.:.... _. • • • Section . The City Council finds that the amendment provided herein is minor in nature and does not require intervention of the Planning and Zoning Commission or a newspaper publicized notice of hearing. Section 5. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS / DAY OF SEPTEMBER, 1994. AVID CLARK, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK by /i2'Q'� APPROVED AS TO THE LEGAL FORM AND SUFFICIENCY 9 " �' j &V - /! �W�' 44- CITY ATTORNEY n OCT -23-00 02:27PM FROM- FANNING HDWEY ASSOC. 5616844516 7 -347 P_02/02 F -869 [Hw�owey Associates, Inc. Architects EnLinem Consultants October 19, 2000 Mr. John Lindgren, City Planner City of Palm Beach Gardens Parks and Recreation Department 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: Planned Unit Development Application (PUD 00 -02) St. Marks Episcopal School Palm Beach Gardens, Florida Architect's Project No. 99012.02 Dear Mr. Lindgren: This letter Is intended to serve as a formal request for a variance on the required parking at St. Mark's Episcopal Church and School. Currently, there are 162 parking spaces provided. The code- required .parking Is 127 spaces. The 22% overage is generated by the need for special event parking for the church, such as Easter Service, Christmas Service,; etc. Additionally, the parking on the west parcel was provided for proximity to the school playflelds to accommodate event parking for sporting events. We respectfully request approval of this needed request to provide maximum functionality of the site without negatively Imposing on the surrounding properties. Sincerely, TES, INC. Lptice P. Courtemanche Project Consultant CRY OF PALM BEACH GAA006 IcAo OCT 2 3 2000 pIAN 4W & 70NING DM. 2221 -1,- ew Avenue Suite 148 '4 West Palm Beach, FkA& 93401 (561) 697-3660 -1 Fax(561)6844516 *4 httpJ /wwwJhaLcom OCT -23 -00 02:26Pk FROId-FANNING HMY ASSOC. 5616844516 T -347 P -01/02 F -869 • • WwViing/Howey Associates, Inc. Ard-atecm Ereimefs Consultans October 19, 2000 Mr. John Lindgren, City Planner City of Palm Beach Gardens Parks and Recreation Department 10500 N. Military Trail — Palm Beach Gardens, Florida 33410 Re: Planned Unit Development Application (PUD 00 -02) St. Mark's Episcopal School Palm Beach Gardens, Florida Architects Project No. 99012.02 Dear Mr. Lindgren: This letter is intended to serve as a formal request for a variance on the required rear setback (North property line) at the St. Mark's Episcopal School. This request was generated pursuant to aesthetic projections requested by The Planning and Zoning Commission on the North elevation of the proposed new classroom building, at the October 10, 2000 Board Meeting. The projections protrude two feet into the required ten foot setback. Therefore, the request would be to allow an eight foot rear setback to accommodate this change. We respectfully request approval of this needed request to provide maximum functionality of this site without imposing unwanted parking on the surrounding properties. Sincerely, FANNING 6 IT IATES, INC. Lrtemanche P ect Consultant {�B�CNG�p�S OFQ N1NG�10�11NG��. 222 Lakeview Avenue, Suite 148 % west Palm Beach, Fkdda 83401 (561) 697 -1660 'N Fax(561)684-4516 I http://v.,ww.ffW.com • Memo to File From: Mark Hendrickson, City Forester A jk Subject: PUD- 00 -02, St. Mark's School Expansion Date: October 4, 2000 I have reviewed the revised landscape plans submitted September 22; 2000 for the above - referenced petition. All of my previous comments have been addressed. I have no further concerns. I recommend the following condition for the Planning & Zoning Commission consideration at the October 10, 2000 meeting: • The applicant shall maintain the Gardens East Drive landscaping -from their east campus to their western recreational property from the north boundary to Burns Road. 1 ] • INC. Q 111IG CIVIL. [PI(.IXL LRS. CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS • "Partners For Results Value by Design" S.W. Cortwrale Pkwy. Paint City, FL 34990 (S61) 286 -3883 Fax: (561) 286 -3925 www.lbfh.com MEMORANDUM TO: John Lindgren FROM: Sean C. Donahue, P.E.eP DATE: August 17, 2000 FILE NO. 99 -4099 SUBJECT: St Mark's School Expansion We have reviewed the City's traffic consultant's comments regarding the referenced project received on August 17, 2000. The City's traffic consultant has determined that this project is in compliance with both Palm Beach County and the City of Palm Beach Gardens Traffic Performance Standards. It should be noted that Gardens East Drive and Campus Drive are not included in the analysis since these roads are not required to be evaluated by TPS. However, they may need to be addressed during the site plan review to assure there is available capacity to handle the additional traffic of the proposed school expansion. A copy of the City's traffic consultant's memorandum is attached. scD1 cc: Roxanne Manning Tim Norquest Talal Benothman P:IPROJFiCrS�PBGMEM01409914099i $- 16-200 5:09PM FROM MTP GRoLip INC WPB FL +t SG 7950230 p �P.2 iRlfp d seclip . I • August 16, 2000 Sean C. Donahue, P.E. Assistant City Engineer City of Palm Beach Gardens 10500 North Military Trail. Palm Beach'Gardens, Florida 33410 Re: St. Mark's School Ira ac Performance Standards Review Dear Mr. Donahue: - MTp Group, In C. 12798 fwf"t HN Boukvwd, Sufre 303 W6W POIM Beeeh, a =4f4 -4704 Phone: 15611 795-0675 Tdefox: (5611 795.023o MTP Group, Inc. has completed a review of the traffic impact analysis prepared by Kimley -Horn and Associates, Inc. (dated July 7, 2000) for the project entitled St. Mark's School pursuant to Palm Beach County and City of Palm Beach Gardens Traffic Performance Standards. The, project is summarized as follows: Location: Northeast quadrant of the.inwsecdon•of Gardens East Drive and Burns Road Proposed Use: School with a total of 570 atndents' and 945 square feet of church sanctuary expansion New Trips: 249 mly trips (for radius of development influence consideration: 759 daily trips) BuUdouv 2001 ' Existing n 490 st- A-nts; Approved prior to 1995 = 320 stadmts We find this project in compliance with both P11m Beach County and City of Palm Beach Gardens Traffic Performance Standards (TPS). It should be noted that Gardens East Drive and Campus Drive are not included in the analysis since these roads are not required to be evaluated by TPS. However, they may need to be addressed during site plan review to assure there is available capacity to handle the additional traffic impact of.the proposed school expansion. Should you Sincerely MTP Gtr any questions or comments about this letter, do not hesitate to give me a call. Inc. V I* . Marfa T , y P.E. President t • CITY OF PALM BEACH GARDENS MEMORANDUM TO: John Lindgren, Senior Planner DATE: July 24, 2000 APPROVED: FROM: Jonathan Iles, Supervisor SUBJECT: St. Mark's School Expansion The following comments are forwarded as part of my review of the plans received with your memo dated 7/20/00 for the above named project The Department of Public Works has but one comment regarding this PUD. There is a portion of sodded area on the western side of Gardens East Drive that is currently irrigated by pumps located on RCA Blvd., as part of the approval process for The Oaks PUD. This irrigated strip runs in front of the parcel now owned by St. Marks. The Department requests as part of this approval, clarification-of the maintenance responsibilities for the portion of property, including irrigation, from the property line to the edge of Gardens East Drive in the area directly abutting the property owned by St. Marks. If there are any questions concerning this memo, please contact me as soon as possible. incergly, Jonathan Iles !� :D C file JI ji . C� Al 40 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: January 8, 2001 Meeting Date: January 18, 2001 Subject/Agenda Item: Consideration of Approval: Resolution 29, 2000 Petition MISC- 00 -01: Fairway Office Center Site Plan Amendment A request by Merin, Hunter, Codman Inc., agent for 7100 Fairway LLC, to consider a petition for an amendment to the approved site plan for Fairway Office Building for the construction of covered parking structures for 66 existing parking spaces. • ®r Recommendation/Motion: Staff recommends that the City Council approve Resolution 29, 2000, with three waivers and one condition. Reviewed by: City Attorney, Finance N/A ACM Other N/A Originating Dept.: Growth Management Costs: S 0 Total S 0 Current FY Funding Source: Council Action: [ 1 Approved [ J Approved w/ conditions ( ]Denied ( ] Continued to: Advertised: Attachments: Date: [ J Operating Resolution 29, 2000 Paper: ]Other N/A Plans A- 1.1,L-1,L -2, PH -1, Awnings Plus Diagram 10/24 & 11/17100 NAI Ltrs 10/23/00 PGA HOA Letter 11 /15/00 City Forester Ur 2/25/00 Fire Dept. Memo 3/14/00 Seacoast Letter 1/4/01 LBFH Letter 2/16/00 Bldg. Official Memo, Details Sheet i x ] Not Required Management Dir. Affected parties Budget Acct #: Approved by: ( J Not i [ ] None City M age [ x ] Not required BACKGR ND: The Fairway Office Center is located on a 12 -acre parcel within PGA National Planned Community District (PCD) and is bound on the north by PGA Boulevard, to the south by Fairway Drive, to the east by the Bascom Palmer Site, and to the west by Avenue of the Champions. The PGA National Date prepared:January 8, 2001 Meeting Date: January 18, 2001 Petition MISC -00 -01 Page 2 of 5 DRI was approved on August 31,1978, by Resolution 43, 1978. On February 1, 1979, City Council approved the PGA National Planned Community District by Ordinance 34, 1978. The site plan for Fairway Office Center was approved on July 16, 1998 by Resolution 55, 1998. The site plan was approved for two office buildings totaling 176,600 square feet, to be completed in two phases. Phase one for this project has been completed (88,300 square feet and 365 parking spaces) and the petitioner will be receiving a Certificate of Occupancy once all staff comments are satisfied and the plat is approved. This request includes covered parking for the existing phase 1 and the future phase 2. The proposed vinyl- covered parking structures will be a beige color per the color sample submitted, and the supporting framework structure will be steel tube columns painted to match the existing building. DISCUSSION A. Land Use and Zoning The current land use designation for the subject site is Commercial (C) with a Planned Community District (PCD) zoning. For a complete listing of adjacent uses, land use designations and zoning districts, see Table I. B. Proposed Amendment The petitioner is proposing to provide 66 covered parking spaces where the original spaces were approved. The location of parking spaces and the circulation on the site will remain the same. Except as discussed below under "waivers ", the applicant's proposal complies with all of the code criteria for covered parking found in Section 190. They have submitted a certification from an engineer indicating that the covered parking structure will meet the design criteria for 110 - mph wind speed and wind loading. C. Waivers The petitioner is requesting three waivers as shown below: (1) The number of covered parking spaces allowed for this project. According to Section 190 (g), Maximum Amount, of the Land Development Regulations, "Covered parking structures shall not exceed five percent of the required parking for the site." There are 589 parking spaces required for this project; therefore, the allowable number of covered parking is 30 spaces, whereas, 66 covered parking spaces are proposed. The proposed • • Date prepared:January 8, 2001 Meeting Date: January 18, 2001 Petition MISC -00 -01 Page 3 of 5 number of covered spaces is 11% of the total required spaces. The petitioner has indicated that due to the Class A nature of the office building and the type of tenants who will occupy the building, there is a need to provide covered parking in excess of what is currently allowed by the code. (2) Landscaping. According to Section 190 (f), Landscaping, of the Land Development Regulations, the installation of the covered parking structure shall not interfere with the natural growth of the required landscaping. The petitioner has indicated any landscaping that may be affected by the covered parking will be relocated on site to further screen the structures from local traffic. They propose to install additional shade - tolerant shrubs in those areas where trees are to be removed and relocated to accommodate the proposed covered parking. (3) Location. According to Section 190 (h), Location, of the Land Development Regulations, Covered parking structures shall be located in the rear of the principal building to which the parking structure is accessory. TABLE I V iTQTTN!_'7nVTN!-! AN" T AN" TTCF DFCTGNATIONS & SITF, ANALYSIS EXISTING USE ZONING LAND USE Subject Property Planned Community District Commercial Office (PCD) (C) North Planned Development Area Commercial Vacant (PDA) (C) South Planned Community District Commercial Fairway Office Plaza (PCD) (C) East Planned Community District Commercial Bascom Palmer Site (PCD) (C) West Planned Community District Professional Office PGA Headquarters (PCD) (PO) • • Date prepared:January 8, 2001 Meeting Date: January 18, 2001 Petition MISC -00 -01 Page 4 of 5 CONSISTENCY WITH THE CODE Consistent Code Requirement Proposed Plan Yes PCD- Planned Community District, Commercial Office Yes Lot Coverage (35 %) 8% Yes Parking 589 Spaces 665 spaces Yes Front Setback: 50' 410'9" Yes Side Setback: 15' -40' 122' Yes Rear Setback (PGA): 55' 828" Waiver (previously granted) Building Height: 36' Max. 62' Yes Open Space (15 %) 38.5% C. Procedure This request has been classified as a miscellaneous petition since the development review processes outlined in Section 20 are not applicable. The changes are greater than can be approved administratively and less than what would be considered as a major amendment to the site plan. The City Council has the authority to approve the request, approve with conditions, or deny the request. D. Project Details The petitioner is proposing an amendment to the site plan approved by Resolution 55, 1998 for the Fairway Office Center located within the PGA National Planned Community District. The amendment is to construct 66 covered parking spaces where the original parking spaces were proposed. The petitioner has stated in the application that the request is necessary due to the fact that the new building will be a class A office building and will be occupied by corporate executives who need covered parking for the protection of their vehicles. The petitioner has also stated that the covered parking will be surrounded by landscape berms and plantings that are high enough to buffer the structures from PGA Boulevard. Date prepared: January 8, 2001 Meeting Date: January 18, 2001 Petition MISC -00 -01 Page 5 of 5 It should also be noted that the PGA National Property Owners Association Architectural Review Committee has reviewed and approved the covered parking request as submitted using the beige vinyl awning. The attached letter dated October 23, 2000, from the Association also states that no additional trees will be required around parking enclosure due to the existing landscaping in the islands. Any trees removed to construct the structure must be relocated on site. Staff/Agency Comments: City Forester has reviewed the plans and had the following comments: a. He recommend that the awning design for the covered parking be redesigned so that no trees or palms are removed as required under Section 190(f). He does not agree there is room on site to relocate the oaks and palms displaced by this proposal. He further suggests the awning design have openings for each landscaped parking island. The petitioner chose not to comply with the City Forester's suggestions. b. The location of the phase two covered parking would require a waiver, which he would not support. He believes the location of the east covered parking structure should be at the rear (south side) of the principal building and not along PGA Boulevard. • Building Official has reviewed the request and has no adverse comments. • Fire Rescue Department has no adverse comments or concerns. Assistant City Engineer has reviewed the petition and has stated that the applicant will need to request a waiver of the number of covered parking spaces; a photometric plan was requested and approved; the relocation of all landscaping needs to be approved by the City Forester. • Seacoast Utility Authority has reviewed and approved the petition. RECOMMENDATION: Staff recommends approval of Petition MISC -00 -01 subject to granting of the three requested waivers and the condition that City Forester approve the relocation of the landscaping. G: short miscOOOI.cc2 jh 127 Prepared January 8, 2001 RESOLUTION 29, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING RESOLUTION 55, 1998 TO ALLOW FOR THE CONSTRUCTION OF COVERED PARKING FOR 66 EXISTING APPROVED PARKING SPACES IN THE FAIRWAY OFFICE CENTER LOCATED WITHIN THE PGA NATIONAL PLANNED COMMUNITY DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Merin, Hunter, Codman, Inc. to amend Resolution 55, 1998 to allow for the construction of 66 covered parking spaces within the PGA National Planned Community District; and WHEREAS, Resolution 55, 1998 was approved for two office buildings, totaling 176,600 square feet, known as The Fairway Office Center; and WHEREAS, the City's Growth Management Department has determined that approval of the requested amendment to Resolution 55, 1998 is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves Merin, Hunter, Codman, Inc.'s request for the construction of 66 covered parking spaces to be located in existing approved parking areas at the Fairway Office Center isite located within the PGA National Planned Community District. SECTION 2. The following waivers are hereby granted with this approval: (1) Covered Parking Structures, Section 190 (g), Maximum Amount, which allows a maximum of 5% of the required parking to be designated as covered parking, to allow 11% of the required parking to be covered. (2) Landscaping, Section 190 (f), which requires that the installation of the covered parking structures not interfere with the natural growth of the required landscaping, to allow the relocation of 18 trees on site to further screen the structures from local traffic and to allow the installation of additional shade - tolerant shrubs in those areas where trees are to be removed and relocated. • 0 Resolution 29, 2000 (3) Location, Section 190 (h), which requires, in part, that parking structures shall be located in the rear of the principal building to which the parking structure is accessory, to allow the structures to be located east of the Phase II building and south of the Phase 1 building as shown on Site Plan A -1.1 dated December 20, 2000. SECTION 3. Said site plan is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. Landscaping to be relocated along perimeter of site shall be approved by the City Forester. SECTION 4" Said approval shall be consistent with documents on file with the City's Growth Management Department as follows: 1. December 20, 2000, Site Plan A -1.1 by M.J. Anderson Architectural Services, Inc. 2. December 19, 2000, Landscape Development Plan, Sheets L -1 and L-2 by George G. Gentile & Associates, Inc. 3. December 19, 2000, Site Plan — Photometric by Gilman & Associates for M.J. Anderson. 4. Beige Color Sample received February 3, 2000. 5. Structure Diagram dated February 3, 2000, by Awnings Plus. SECTION 5. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS JOSEPH RUSSO, MAYOR COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO ATTESTED BY: 0 CAROL GOLD, CITY CLERK DAY OF , 2001. ERIC JABLIN, VICE MAYOR COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY 0 • • Resolution 29, 2000 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK AYE NAY ABSENT o�mew •�roo «o.aoi� m,.... UIi11U1 .a 3 '�NiiQNgilM110L1oN H 0 6 Y Y d N V' P' W II Zi31ty37 3�I3i0 AV'(ii'JIV'd MAW � c..v troo ow as -rs� NV -W 3118 QI SNOkw m 31u jo 3r*My z fail i SNOkw m 31u jo 3r*My • 1 1 3 S V H d ep}�o1 d 'suapie� y�ea8 Wlad i'• X31dW0:) 3:)1i3O SAVMNIVI if3i de �i 13 I I J il. - p r + , g . 16 41 1� $ pp s�1 44 j R ��hi��$ 6e !� 5r �� •° �}r Jill 'Ohleta Y ° •< [[ <ae�at�9Sig�[E`e R'F! CL 9 v, a a MGM Y s I I J il. - p r + , g . 16 41 1� $ pp s�1 44 j R ��hi��$ 6e !� 5r �� •° �}r Jill 'Ohleta Y ° •< [[ <ae�at�9Sig�[E`e R'F! CL 9 v, • �1.t i= •iaiS� � � - n -W OOOZ OS ZE:01 OZ 130 Wi WW'NV1d- 3dV3SO -A1I 3SYNd\331AJU AVKUIVi Zo10 -w \0000- \:N a m i f` a • �1.t i= •iaiS� � � - n -W OOOZ OS ZE:01 OZ 130 Wi WW'NV1d- 3dV3SO -A1I 3SYNd\331AJU AVKUIVi Zo10 -w \0000- \:N . •� JNl�H01 ' � t)P11NNy� OW 83J v 0: rno {- m m Z L vQ a: a ,y Y =a sdva 55 0 r xfirp '" w r .A� PGA PI..jPERTY OWNERS ASSOCIA110N, INC. Shoppes On The Green 7100 Fairway Drive, Suite 29 Palm Beach Gardens, Florida 33418 IM "HONE (561)627 -2800 October 23, 2000 Fairway Office Center Merin- Hunter - Codman, Inc. 1601 Forum Place, Suite 200 West Palm Beach, Fl 33401 Re: Architectural Review Request — Parking Structure/Awning Color and Landscaping At its October 19th, meeting, the POA Architectural Review Committee reviewed the above referenced request for aesthetic purposes and compliance with the PGA Property Owners Associations community standards. FAQ(.$ (561) 622-6.324 It is the decision of the Committee to approve the request as submitted using the beige vinyl awning as submitted. Framework to be painted to match existing building. It is also noted that, no additional trees will be required around parking enclosure due to the existing landscaping in the islands. Any trees removed to construct the structure must be relocated on site. Owners are responsible to ensure that all modifications comply with state and local law, including, but not limited to, all pertinent building codes. Metten ;tor of Architectural Review and Compliance Property Owners Association, Inc. i pin A Q, WAA • • • N 1 IVIEwN*HUNTER cODMAN, INC. COMMERCIAL REAL ESTATE SERVICES, WORLDWIDE. November 17, 2000 Jackie Holloman, Planning Technician City of Palm Beach Gardens Growth Management Dept. 10500 North Military Trail Palm Beach Gardens, Florida 33410 FAK 5611471.8992 UAL hf4x#w w.mhaed com 1601 Forum Phim Suite 200 West Peen Beach, FL 33401 Cl1yOFpx1MBEA CyG,� No V 1 pENS p�NNINO � ?Opp �ZOAING1)Epr Re: Fairway Office Center Vinyl Covered arking Structures— Waiver Request Dear Jackie: Based upon your facsimile request of 11/16/00 (enclosed), please accept the following: Section 190 Covered parking structures. (f) Landscaping: The installation of the .................. of the required landscaping. The approved landscaping for Fairway Office Center exceeds the "on -site planting" requirements by 1295.3 pts. or (approx. 8 %). Our request to relocate eight existing trees (phase 1) and ten proposed trees (phase 2) is less than 2% of the trees on the entire site. As noted in our earlier letter of October 24, 2000 (enclosed) our proposal will not only provide "no net loss" of trees, but also increase the amount of landscape materials by adding eighteen shrubs. The displaced trees can be relocated along the perimeter of the site to provide further screening of the "parking structures" from adjacent roadways (including PGA Blvd.). (g) Maximum amount: Covered ................ .........................spaces on site. See earlier justification letter dated October 24, 2000 (enclosed) In ow 300 Marken WorldwidC NAI Ama = NAI Aria Padfx NAI Car--4- NAI EWIP NAI LOW Ammw 1 C • (h) Location: Covered parking structures ..................or as an amendment to an approved site plan. The location of the phase 2 covered parking was planned (as in phase 1) to be convenient to the side (secondary) entry of each building. The phase 2 "structure" is placed perpendicular to PGA Boulevard to minimize the "structures" profile from the roadway. This coupled with the large number of existing and proposed trees (approx. 14' in height), including those ten additional trees (relocated), will provide plenty of screening for the "structures" which are ten foot at their peak. The proposed "structures" are in compliance with the `set back" requirements of the section. As noted in earlier correspondence (included for your• convenience) we have received approval for our proposal from the PGA ARC with an endorsement from the PGA National Board of Governors. We are herewith requesting approval of the proposal as submitted. Sincerely, Q MERIN ♦ HUNTER CODMAN, INC. Mike Everett Senior Project Manager Cc: J. Grossman & B. Tracy KmAnwks lntemadonal HAND DELIVERED (11/17/00) • October 24, 2000 Bahareh Keshavarz, Senior Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re- Fairway Office Center - Vinyl Covered Parking Structures— Waiver Request and Justification Statement W.- :;M: M Please find for resubmission six (6) sets each of MIA Architectural Drawing A -1.1 (10 /12100) and Gentile & Assoc. Drawings L-I and L -2 (!0/20/00) for your review. Pve also included three (3) sets each of reduced versions of the plan, elevations of proposed "covered parking" structures and color swatches of the materials proposed for the covered parking at Fairway Office Center. Fairway Office Center with its lush landscaping, high tech facilities and pleasing exterior was conceived as a Class A building. Our building is attracting corporate executives who drive expensive vehicles and have a real need for covered packing for protection of their automobiles. Based on our conversations with prospective clients the demand for covered parking spaces will out pace the present 5% allowed. Aesthetically speaking the covered parking areas are surrounded by landscaped berms that are high enough to conceal the structures fi-om local traffic. Any landscaping that may be affected by the "covered parking" will be relocated on site to further screen the strzctimes from local traffic. We also propose to install additional shade tolerant shrubs in those areas where trees are to be removed and relocated to accommodate the proposed "covered parkingr'. Our proposal has been endorsed by the PGA National Board of Governors and approved by the Community's Architectural Review Committee (see enclosed letter dated 10/23/00). . 0 The location of the "covered parking" spaces is essentially the same as earlier submitted and is looted out side the Seacoast Utility Easements. Is aces 300 M4rkw Wwidwi& NAI Anwim NAI Arta Aqk . NAI Canwda, NAI H rope NAIL*& Anita s�rNrl�eee FAX 66WI -M UHC Wliae�tcom JM�+�m MFxnvHuNTER CODMAN, INC. commr- CIAL REAL r-STAIT: SPRVIC.E . WC )R1.1?WQ)F. 1601 Fonan Fbm Sub 200 V f i Pkrn Beads, R 33401 • October 24, 2000 Bahareh Keshavarz, Senior Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re- Fairway Office Center - Vinyl Covered Parking Structures— Waiver Request and Justification Statement W.- :;M: M Please find for resubmission six (6) sets each of MIA Architectural Drawing A -1.1 (10 /12100) and Gentile & Assoc. Drawings L-I and L -2 (!0/20/00) for your review. Pve also included three (3) sets each of reduced versions of the plan, elevations of proposed "covered parking" structures and color swatches of the materials proposed for the covered parking at Fairway Office Center. Fairway Office Center with its lush landscaping, high tech facilities and pleasing exterior was conceived as a Class A building. Our building is attracting corporate executives who drive expensive vehicles and have a real need for covered packing for protection of their automobiles. Based on our conversations with prospective clients the demand for covered parking spaces will out pace the present 5% allowed. Aesthetically speaking the covered parking areas are surrounded by landscaped berms that are high enough to conceal the structures fi-om local traffic. Any landscaping that may be affected by the "covered parking" will be relocated on site to further screen the strzctimes from local traffic. We also propose to install additional shade tolerant shrubs in those areas where trees are to be removed and relocated to accommodate the proposed "covered parkingr'. Our proposal has been endorsed by the PGA National Board of Governors and approved by the Community's Architectural Review Committee (see enclosed letter dated 10/23/00). . 0 The location of the "covered parking" spaces is essentially the same as earlier submitted and is looted out side the Seacoast Utility Easements. Is aces 300 M4rkw Wwidwi& NAI Anwim NAI Arta Aqk . NAI Canwda, NAI H rope NAIL*& Anita We now seek your approval to install sixty -six (66) "vinyl Covered parking" spaces as noted on the attached plans. Sincerely, MERIN♦ HUNTER* CODMAN, INC. Mike Everett Senior Project Meager HAND DELTVERED (10/24/00) Co: J. Grossman & B. Tracy vA 100 70'rAl 1(v�n wT . Uv rargv-n . rAx, 4® INC. L 11 IM , t All tai .ixi i K,,. sut:vrY( 11,11 N NAM1111 ti11 CIVI1. AGR ICU I_rURAI. WATER RESOURCES WATER & \HASTE \NA'1'C:R TRANSPORTATION SURVEYING & MAPPING cis • "Partners for ReSUItS Value by Design " �50 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 www.11)fh.com MEMORANDUM TO: Jackie Holloman FROM: f Sean C. Donahue, P.E.�,, DATE: January 4, 2001 FILE NO. 98 -0103 SUBJECT: Fairway Office Center - Amendment for Covered Parking We have reviewed the lighting plan for the referenced project prepared by M.J. Anderson Construction Corp. received on December 26, 2000. We have no engineering comments regarding the lighting plan. SCD/ cc: Steve Cramer Karen Craver P:\PROJECtS\PBGMEMO\0103\0103zb *� C1 lY OF PALM BEACH GARDENS MEMORANDUM TO: Jackie Holloman, City Planner DATE: November 17, 2000 APPROVED: FROM: Scott Fetterman, Deputy Chief, Administration SUBJECT: MISC- 00 -01: Fairway Office Center Site Plan Amendment for Covered Parking The Fire Rescue Depaiu-nent has reviewed the above referenced petition and has no adverse comments or concerns at this time. Thank you for your consideration in this matter. Please feel free to contact me if you have any questions or any future changes are proposed. • R It • Y�. EXECUTIVE OFFICE • • �p C Seacoast Utility Authority March 14, 2000 VIA FAX: 799 -4281 Ms. Bahareh Keshavarz Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Fairway Office Center Covered Parking Dear Ms. Keshavarz: We have reviewed Merin/Hunter /Codman, Inc.'s revised submittal dated March 9, 2000 concerning the referenced project and no have comments regarding same. The applicant has addressed the issues raised in our letter dated February 22, 2000. Please call if you require additional information. Sincerely, SEACOAST UT I AUTHORITY Bruce Gregg Director of Operations ad cc: R. Bishop J. Lance S. Serra Mailing Address: P.O. Box 109602 Palm Beach Gardens, Rtorida 33410 -9602 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP-99-18 8 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 18, 2001 Date Revised: January 8, 2001 SUBJECT /AGENDA ITEM; Consideration of Approval: Resolution 105, 2000, a request for site plan -approval for a senior living facility known as La Posada located within the Regional Center Development of Regional Impact (DRl) at PGA Boulevard (Blvd.) and Alternate A -1 -A. The gross acreage of subject site is approximately 22.5 acres and consists of a total of 301 living units and beds and a two -story community center. The proposed development is planned for two phases. RECOMMENDATION: Staff recommends approval of Resolution 105, 2000, with conditions of approval, provided the applicant has adequately addressed the issues and concerns raised by the City Council during its meeting on December 21, 2000. Reviewed by: Originating Dept.: Costs: $ Total Council Action: City Attorney Growth Manag ment [) Approved I Finance NA $ [ ] Approved w/ ACM "� Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Date: [ ] Operating Attachments: • Resolution 105, 2000 Paper: [ ] Other • Site plan • Landscape plan • Architectural renderings • DRY PCD Map H • Aerial map • Staff comments • Resolution 64, 1998 with attachments m t y [X] Not Required rowth Management Director ected parties Budget Acct. #:: Approved b / [ ] Notified PP Y� ( ] None City Man r [X] Not required • IRA 1 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -18 SUMMARY OF PREVIOUS MEETING: The City Council has directed staff and the applicant to provide detailed and full architectural renderings of the covered parking structures demonstrating additional architectural details and higher roof pitch than proposed. The applicant is in the process of revising and providing the requested renderings. The applicant has indicated that the revised renderings will be submitted by January 16, 2001. I. REQUEST: A request by Urban Design Studio, agent, for site plan approval of a senior retirement community situated on an approximately 22.5 acre site within the Regional Center Development of Regional Impact (DRI). The subject site is located immediately north of the Gardens Mall. The proposed development consists of 301 living units and beds and a two -story community center in a community to be called "La Posada." It is proposed to be completed in two phases. (06- 42S -43E) II. BACKGROUND: The proposed development is located within the Regional Center DRI/PCD. The subject site is located along the north side of Gardens Parkway, south of Cabana Colony, north of Gardens Mall, and immediately east of Mira Flores Apartments. The proposed Kolter apartment project is immediately to the east. On February 16, 1984, City Council approved the Development Order of the Regional Center DRI by Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of Retail, Office, Hotel, Residential, Open Space, and Community Use. The Development Order has been previously amended four times. It currently permits the development of 1,440,000 square feet of Retail, 1,210,000 square feet of Office (business), 235,200 square feet of Office (Research), 510,000 square feet or 600 rooms of Hotel, and 1,600 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most - recently approved Notice of Proposed Change (NOPC) to the Development Order of the Regional Center DRI was approved by the City Council on April 6, 2000, by Resolution 25, 2000. The NOPC approved the conversion of office research space to 50,000 square feet of commercial use. This conversion was needed for the Catalfumo project along PGA Blvd. at Minsk Gardens Avenue. Currently there are two pending NOPCs to the Development Order of the Regional Center DRI. The Kolter NOPC proposes reconfiguration of the water management tract to maintain the oak preserve on site, designating the oak hammock portion of the site as a preserve, relocating and eliminating internal roadways from the Master Plan of Development, and converting approximately 9.3 acres of Office/Hotel/Community Use to Multifamily /Office /Community Use by converting 151 hotel rooms to 213 additional residential units. This NOPC is associated with the Kolter residential project 0 located immediately east of La Posada. 2 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -18 The other remaining NOPC has been proposed by Catalfumo Development and Construction to simultaneously convert various land uses and increase the total square footage of retail and other uses approved for the DRI. Both NOPCs are presumed to be substantial deviations and outstanding issues are yet to be resolved. III. Procedure: This is a request for a major site plan review within a PCD. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. IV. Land Use and Zoning: The future land -use designation of the subject site, as reflected on the City's Future Land Use Map, is Residential High (RH). The zoning classification of the site is a Planned Community District (PCD). The subject site's land -use designation on the Master Plan of Development (Map H) of the DRI is Multifamily Residential/Office /Community Use. The following tables illustrate the adjacent uses, land use designations, zoning districts, consistency with City Code, and site analysis. ZONING CLASSIFICATIONS, LAND USE DESIGNATIONS EXISTING USE ZONING LAND USE Subject Property Planned Community District (PCD) Residential High (RH) Vacant Lot coverage- 35% 27% North Palm Beach County Residential Medium Palm Beach . County Residential Cabana Colon Medium South Planned Community District (PCD) Commercial (C) Gardens Mall West Planned Community District (PCD) Residential High (RH) Mira Flores Apartments East Planned Community District (PCD) Residential High (RH) & Professional Vacant (Kolter) Office (PO) SITE ANALYSIS AND CONSISTENCY WITH CODE Consistent Code Requirement Proposed Plan Yes PCD - Planned Community District Senior living facilities Yes Lot coverage- 35% 27% 3 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -18 Yes Parking: 433 spaces 433 spaces No* Covered parking: 5% of required parking 25 covered spaces) 53% of proposed parking (231 spaces) No* Location of covered parking: in rear and 100 -foot setback, from right -of- way Provided in front, rear, and side and a min. of zero setback Yes Parking stall dimensions : 10'X18.5' 10'X18.5' Consistent Code Requirement Proposed Plan N/A PGA Blvd. Corridor Overlay- site plan, landscape, and design requirements N/A — SETBACKS Cottage Buildings Yes Front: 30' 33' No* Side: 30' 6.3' and 11.3' (Apartment 2 Yes Rear: 23 65' Yes Building height: 45' 39' (community center Yes Open space: 35% 52% Yes Specialty avers: Allowed S ecialty pavers proposed No Master Signage Program for DRI Different ground and directional signs * Waiver Requested V. Project Details: The applicant is proposing to construct three apartment buildings, one community center, a health center, seven cottage buildings, and a guardhouse on approximately 22.5 acres of land. The following table provides the square footage and the number of units within each proposed building. Project Development Details Building Use Number of Units Square Footage Apartment 1 Independent living 36 units/three story 57,000 s . ft. Apartment 2 Independent living 111 units/three story 163,000 s . ft. Apartment 3 Independent living 84 units/three story 118,000 sq. ft. Community Center .Amenities center Two story building 28,500 s . ft. Cottage Buildings For independent living 7 buildings/1 I units /one story 20,4000 s . ft. Guard House Controlled access One story 200 s . ft. Health Center: Dependent living: Two story building 62, 700 sq. t. Assisted living 30 beds 130 units 28,000 s . ft. Skilled nursing 40 beds 120 units 22,5000 s . ft. Alzheimer 18 beds 19 units 12, 000 s . ft, Total 301 units 449,800 so. ft. The proposed development is projected to be completed in two phases of development. One phase consists of all proposed buildings except Apartment 1, which is proposed to be built during phase two of the development. 0 4 • • • City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -18 The proposed development consists of 242 independent living units, 30 assisted living units, and 58 skilled nursing and alzheimer beds, 3,000 square feet of office space located in the health center, and 28,500 square feet of community center. The setback of the closest building (Apartment 2) to the property line is approximately 6.3 feet. Section 75, Residential Zoning District Regulations, requires that this side setback be thirty feet, based on the minimum required setback of twenty feet and one additional foot for every foot of building height greater than two stories. The subject building consists of three floors with a height of thirty feet measured from the ground to the building parapet. Each floor is approximately ten feet. Therefore, the side setback is thirty feet. The total number of parking spaces proposed by the applicant is 433 spaces. The minimum required number of parking spaces is 433, per Section 180. The proposed development consists of skilled nursing, assisted living, and independent living. Section 180 specifies the parking requirements for these facilities to be one space per four bedrooms and one additional space for every 250 square feet of office space for skilled nursing facilities. As for assisted living, the requirement is one space for every four residents. The requirement for independent living is 1.25 spaces for every dwelling units. Code requires one parking space for every 300 square feet of private club. The community center operates much like a private club and therefore, the parking requirement for the private club is used to calculate the number of spaces for the community center. The applicant proposes to provide covered parking (carports) that are aesthetically pleasing and complement the overall architecture of the buildings on site. The covered parking is much better in appearance and function than open space parking (uncovered parking spaces). The proposed material and color to be used on the roof of the covered parking are the same as in the material and color for the roofs of the buildings on site. This is consistent with LDR Section 190(b), which specifies that appearance, and material of such structures is compatible with the architecture, style, and color of the principal structures on site. The total number of net external trips potentially generated by this project is 565. The applicant used the trip generation rates published in the Institute of Transportation Engineers (ITE) manual to estimate the number of trips for skilled nursing and used Palm Beach County rates to estimate trips for independent and assisted living facilities. Staff concurs with the trip .generation analysis provided to the City. The Regional Center DRI has allocated 1,260 daily trips for this property, according to the applicant. Therefore, this project generates 695 (55 %) less trips than what has been allocated to it. In fact, all development that has been approved within the DRI (including La Posada) has not exceeded the total number of external trips approved for the Regional Center DRI. 5 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -18 The overall layout of the site plan is aesthetically and functionally well done, given the linear configuration of the parcel and the two water bodies on site. Most of the buildings have been situated to take full advantage of the two lakes. The community center is located in the center of the site and serves as the dominant and focal point of the entire development and is visible from Gardens Parkway. The few open parking spaces provided along Gardens Parkway are screened by a 3 -foot berm. Staff has requested and the applicant has provided additional landscaping in front of these spaces in order to screen them from view along Gardens Parkway. The screening provided for the carports along Gardens Parkway appears to be adequate. An extensive system of well landscaped, meandering pedestrian pathways has been proposed throughout the site linking the various buildings together and the subject development with other adjacent parcels within the Regional Center DRI. And applicant has provided additional landscaping along the pedestrian pathway on Fairchild Gardens Avenue, as requested by the Planning and Zoning Commission and staff. A gated pedestrian connection on the site at the corner of Fairchild Gardens Avenue and Atlantic Avenue is provided. This would provide controlled access to residents from the Cabana Colony development north of Atlantic Avenue. A guardhouse is also provided on site at the main entrance fronting on Gardens Parkway. The guardhouse, however, is situated on a private driveway leading from Gardens Parkway north to New Loop Road. The master developer of the DRI, Watermark Community Inc. (WCI), has reviewed the proposed development, along with the proposed signs, and has raised no comments. VI. Architecture of Buildings: A proportioned vertical as well as horizontal massing and deep articulation characterize the architecture of the buildings, which give the elevations pleasant appearance. The apartment buildings have extensive horizontal massing, but the deep articulation, exhibited on most elevations, coupled with the balconies and window treatments lessen the appearance of over whelming horizontal massing. Most of the elevations have a dominant central feature in the form of a tower, balconies with iron rails, and extensive architectural details. Staff believes all elevations have been treated equally and that the architectural style of the individual buildings is consistent with one another. The floor plans of the proposed buildings demonstrate convenience, comfort, and adequate function of space. According to the data provided on the site plan, the maximum number of bedrooms in each unit is two. 0 6 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -18 VII. Site Access: There are four access points to the site from New Loop Road to the north, one from Fairchild Gardens Avenue, and the main entrance from Gardens Parkway. All roadways surrounding the subject development are public roadways and no controlled access /gates are proposed on such roadways. VIII. Art in Public Places: This development is not required to provide development, pursuant to Section 120(a)(2). Art in Public Places, since it is a residential VIII. Signage: The applicant has proposed three ground, two directional, and two directory signs. First, two of the three ground signs are proposed to be located at the main entrance of the site on Gardens Parkway. The other sign is to be located along north New Loop Road. The Master Signage Program for the MacArthur Regional Center approved by Resolution 64, 1998 allows this development three ground signs (labeled as building identification signs), two of which are to be located along Gardens Parkway Blvd. and one along north New Loop Road. The three proposed ground signs are not consistent with the Master Signage Program. The applicant has requested an amendment to Resolution 64, 1998 to modify the signage program in order to accommodate the newly - proposed and non - conforming design of the two ground signs. The amendment also requests relocating one of the ground signs, currently positioned west of the main entrance along Gardens Parkway on the master signage program map, to the main entrance of the site. The two ground entry signs are ten feet in height and 14.3 feet in width. The Master Signage Program provides for seven feet in height and eleven feet in width. Second, the two directional signs are not consistent with the Master Signage Program either. The directional sign located along north New Loop Road has five messages posted on it and its height is 7.1 feet, whereas the Master Signage Program provides that directional signs are to be no longer than six feet in height and have no more than three messages. Most importantly, the Master Signage Program does not assign any directional signs for this project. Third, the Master Signage Program does not provide for directory signs for this development. However, according to the Land Development Regulations, such signs are allowed for developments with two or more buildings on site provided the copy area does not exceed 18 square feet, one sign face, and placed within a 25 -foot radius from the main entry of a building. The two proposed directory signs comply with these standards. All proposed signs are visible from public rights -of -way. Since these signs are visible along public right -of -ways and are not internal to the site, they should conform to the Master Signage Program for the MacArthur Regional Center, per Resolution 64, 1998. 7 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -18 Staff recommends denial of the proposed amendment to the Master Signage Program adopted by Resolution 64, 1998. The three ground and two directional signs should conform to the adopted program. Staff believes that it is the intent of the City Council to have a unified system of signage for the entire DRI to project a unified identity and serve as landmarks by which a motorist can identify the boundaries of the DRI/PCD when entering or leaving the site. This concept becomes important in the future once the DRI is fully incorporated into the surrounding area. Staffs opinion is based on the premise that the adoption of Resolution 64, 1998, by the City Council implies that the Council intends for all proposed signage located at the exterior of individual sites and along right -of -ways to conform to the master signage program for the DRI. IX. Requested Waivers: The applicant is requesting six waivers from the Land Development Regulations. Staff supports all six waivers. The applicant has also requested an amendment to Resolution 64, 1998, for which staff recommends denial for the reasons given below. The requested waivers are as follows: 1. A waiver to allow an increase in the number of covered parking beyond the maximum 5 %. The total number of parking spaces required by Code is 433. The applicant proposes a waiver from Section 190(g) to allow 231 covered parking spaces. Section 190(g) specifies that the maximum amount of covered parking shall not exceed five percent of the total required parking for the development, which amounts to 22 covered parking spaces. The number of covered parking proposed by the applicant represents 53% of the required parking by Code. The waiver is requested for 209 covered parking spaces. 2. A waiver to allow the setback of covered parking structures to vary. Section 190(h) of the City Code requires that covered parking be "located a minimum of 100 feet from any public right -of- way..." Section 190(h) further requires that covered parking be located in the rear of principal structures on site. The waiver would allow the covered parking to be located in the rear as well as in front of principal structures. Covered parking placed in front of principal structures is fronting on Gardens Parkway and is approximately 30 feet from the public right -of -way. Parking structures located in the rear are at zero feet from the right -of -way. The waiver is requested for 100 feet in the rear along north New Loop Road and 70 feet in the front along Gardens Parkway Boulevard. Staff recommends approval of both requested waivers because the appearance and function of the proposed covered parking complements the architecture of the buildings and protects the residents from the elements, respectively. 3. A waiver to eliminate two sidewalks. One is on the south side of the north New Loop Road and the other along the western side of the New Loop Road immediately adjacent to apartment building 2. 8 149 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -18 The waiver is requested from Section 256 of the City Code, which specifies that concrete sidewalks that are at least five feet wide must be provided on each side of all streets. The applicant has justified the request on the basis that the sidewalk on the south side of the New Loop Road is not likely to be fully utilized due to its location. There are multiple driveways or access points to the site off of north New Loop Road, which may pose a safety hazard to potential pedestrians using the sidewalk. Instead, a sidewalk along the most northern edge of the buildings fronting on north New Loop Road has been provided. This alternate location is more suitable because it provides safety_ and better utility of the sidewalk. The justification for the other sidewalk is that alternative walkways are provided throughout the site in addition to the walkways around the entire perimeter that are required by the DRI Development Order. The waiver is requested for one sidewalk along the right -of -way of north New Loop Road and another sidewalk along the eastern right -of -way of New Loop Road. Staff recommends approval of the requested waiver because there are several DRI landscaped walkways around the site and adequate pedestrian pathways have been proposed on site. i4. The applicant has requested a waiver to allow a reduction in the required 15 -foot landscape buffer on land adjacent to public rights -of -way. Section 160 requires the provision of a 15 -foot buffer perimeter on land adjacent to any public right -of -way. The proposed buffer will not be less than 11.5 feet on the eastern perimeter of the property. However, zero buffer is provided along the northern property line. The applicant has provided a 15 -foot buffer, but within the right -of -way. Therefore, the requested waiver pertaining to the northern perimeter of the property is for the entire 15 feet, since the applicant has proposed zero buffer outside of the right -of -way along that northern boundary. The other waiver is for 4.5 feet along the eastern perimeter of the development. The waiver has been justified on the linear configuration of the parcel and the additional amenities not required but provided on site, such as the elevated walkways and the grotto walk along the water's edge. The applicant has provided an adequate justification for the requested waiver. Staff recommends approval of the requested waiver. The applicant has exceeded the minimum requirements /standards of the Code by providing several non - required amenities on site, such as covered parking and specialty pavers. 5. A waiver to allow a reduction in the street side setback. Section 75 requires a minimum setback of twenty feet and one additional foot for every foot of building height greater than two stories. • 9 • City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 - Petition SP -99 -18 The subject building consists of three floors with a height of thirty feet measured from the ground to the building parapet. Each floor is approximately ten feet in height. Therefore, the side setback is thirty feet. The applicant has proposed a setback of 6.3 feet for apartment building two. The waiver is requested for 23.7 feet. The applicant has justified the waiver on the basis that the subject building is set back at various distances from the property line. The shortest distance is 6.3 feet. The entire building does not sit at the same distance from the property line because the intent is to create a sense of interaction between the building and the passer -by. The other justification is that the applicant has exceeded other minimum requirements of the Code, such as providing additional landscaping. Staff recommends approval of the requested waiver. 6. A wavier of the required lake maintenance easement slopes and to allow structures and existing vegetation within the lake maintenance easement tract. Section 282 states that a lake maintenance tract must be created around any permanent lakes or water bodies. The dimensions of the required tract are at least 20 feet wide with a minimum slope of 8:1. Primarily, the community center, two sidewalks, enclosed structure with stairs, and the grotto walk are proposed to be partially or completely located within the easement tract. The applicant has justified the waiver on aesthetic value and has proposed to enter into a high - level maintenance agreement with Northern Palm Beach County Improvement District to maintain the lakes on site. The applicant has also agreed to work with the City to determine the boundaries of the lake easement tract during construction plan review by the City. The City Engineer has recommended approval of the waiver. Accordingly, staff recommends approval of the requested waiver as well. 7. An amendment to Resolution 64, 1998 to modify the Master Signage Program by allowing different design of the ground signs and relocating one of the three ground signs to the main entry of the project, as well as adding two directory and directional signs and modifying the design of two directional signs. The Master Signage Program does not provide for directional and directory signs for this development. The applicant has justified the proposed amendment on the basis that the Planning and Zoning Commission requested these signs be located on site during a workshop on June 13, 2000. The purpose for these signs is to provide better direction to residents, visitors, and emergency personnel. Staff recommends denial of the proposed amendment to Resolution 64, 1998 because the signs are not consistent with the Master Signage Program approved by Resolution 64, 1998 by the City Council. Staff believes the City Council has set the direction that staff should follow with respect to signage in the Regional Center DRI. The adoption of Resolution 64, 1998 by the 0 10 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -18 City Council implies that the City Council would like to see a unified and consistent signage plan throughout the Regional Center. Accordingly, staff does not support the proposed amendment to the mentioned resolution because it undermines the purpose of the adopted resolution. Staff, however, supports the intent and purpose of the signs proposed to be added to the Master Signage Program for this development, provided they conform to the Master Signage Program. This is the second amendment proposed to Resolution 64, 1998 within the past four months by the same applicant for two different petitions. Staff seeks clarification and direction from the City Council with regard to the applicability and relevance of the Master Signage Program to future proposed signage in the Regional Center DRI. X. Comments from the Development Review Committee (DRC): To date, no objections have been received from the following departments and agencies: Building, Police Department, Parks & Recreation, City Engineering, Legal, Seacoast Utility Authority, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. However, a few comments and concerns have been received, primarily from the City Engineer's office regarding the lake maintenance easement tract. Those that have not been adequately addressed by the applicant have been incorporated into the conditions of approval. Please see attached staff comments. XI. Summary of Previous Planning and Zoning Commission: The Planning and Zoning Commission discussed this petition on September 12, 2000. The Commission had a favorable view of the project as a whole and requested that the applicant include the color and material for each building on the same architectural sheets. The Commission also requested architectural renderings of important building corners to show the architectural features in detail and to serve as samples as well. The Commission also expressed its support for the proposed signage by the applicant and recommended approval of all the requested waivers. XII. Planning and Zoning Commission Recommendation: The Commission has recommended approval of Petition SP -99 -18 with conditions. The vote was five to zero in favor of approval. The Commissioners also recommended approval of six waivers and the amendment to Resolution 64, 1998 to modify the Master Signage Program for the Regional Center DRI. XIII. Staff Recommendation: A. Staff recommends approval of Petition SP -99 -18 with conditions and recommends approval of the six requested waivers and denial for the proposed amendment to Resolution 64, 1998. Staff offers the following conditions of approval: 11 City Council Meeting Date: January 18, 2001 I* Date Revised: January 8, 2001 Petition SP -99 -18 1. Prior to the issuance of the first building permit, the petitioner shall obtain written authorization from applicable utility companies authorizing the horizontal construction/planting within utility easements (Engineering); 2. No Building Permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 19 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 (Engineering); 3. Prior to the issuance of the clearing permit, the petitioner shall present to the City of Palm Beach Gardens a permit from the Florida Game and Fresh Water Fish Commission to relocate the Gopher Tortoises off -site (City Forester); 4. The petitioner shall install the 25 -foot Atlantic Boulevard buffer in conjunction with the construction of North Loop Road, including the sidewalk to Atlantic Boulevard (City Forester); 5. The petitioner is responsible for the maintenance of Gardens Parkway, Fairchild Gardens Avenue, and New Loop Road (north and east) landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas. Said maintenance shall comply with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials (City Forester); 6. Prior to issuance of a certificate of occupancy for each building, the Landscape Architect of record shall certify that all landscaping associated with each building is complete. Prior to issuing the last certificate of occupancy for the entire development, the Landscape Architect of record shall certify that all landscaping for the development has been completed per all the approved landscape plans (City Forester); 7. Should the approved land use of the development change in the future, a comprehensive re- evaluation of parking demand on site based on the new land use will be conducted and the petitioner shall comply with the recommendations of the City and the findings of the parking study (Planning and Zoning); 8. All utility equipment located on top of buildings must be effectively screened so that they are not visible from ground level (Planning and Zoning); 9. All covered parking spaces must be assigned and the identified 21 parking spaces on the site plan must be marked for future conversion into parking spaces, should the need arise Planning and Zoning); and 12 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -I8 10. The petitioner, the City of Palm Beach Gardens, and Northern Palm Beach County Improvement District, 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 Northern Palm Beach County Improvement District, and the City engineer. The attached "Exhibit E" shows the general area in which the easement shall occur (Engineering). B. Staff recommends approval of the following requested waivers: A waiver from Section 190(g) to allow an increase in the number of covered parking beyond the maximum 5 %. The waiver is requested for 209 covered parking spaces; 2. A waiver from Section 190 (h) to allow the placement of covered parking in the front and rear of principal structures and reduce the setback requirement for such structures to less than the required minimum setback of 100 feet. The waiver is requested for 70 feet in the front along Gardens Parkway Blvd. and 100 feet in the rear along north New Loop Road; 3. A waiver from Section 256 to eliminate two on -street sidewalks required by Code. One sidewalk is on the south side of north New Loop Road and the other along the western side of New Loop Road immediately adjacent to Apartment 2; 4. A waiver from Section 160 to allow a reduction in the required 15 -foot landscape buffer on land adjacent to public rights -of -way. The waiver is requested for the entire 15 feet along the northern perimeter of the site on north New Loop Road. Part of this request includes a 3.5 and a 8.7 foot - waiver along the eastern perimeter of the site in front of apartment building 2; 5. A waiver from Section 75 to allow a reduction in the street side setback in front of apartment building 2. The requested waiver is for 23.7 and 18.5 feet. 6. A wavier from Section 282 to allow the club house, the enclosed structure immediately west of the community center, and the existing vegetation surrounding the lakes to remain within the lake maintenance easement tract. These are to be considered as permitted encroachments into the lake easement. The waiver is requested for the community center, existing trees, and the enclosed and elevated structure next to and west of the community center. The applicant and the City Engineer's office during construction plan review will determine the final boundaries of the lake easement tract. C. Staff recommends denial of the following amendment: 1. An amendment to the Master Signage Program for the Regional Center DRI approved 13 City Council Meeting Date: January 18, 2001 Date Revised: January 8, 2001 Petition SP -99 -18 by Resolution 64, 1998, to modify the design and location of proposed ground signs and to add two directional and two directory signs, as reflected on the landscape plan and attached exhibits. G: Tal al/S P -9 9- 18 -str2 • 0 14 L r Revised on: January 8, 2001 RESOLUTION 105, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR A SENIOR ASSISTED LIVING FACILITY (LA POSADA) LOCATED WITHIN THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) CONSISTING OF 30.1 UNITS (242 INDEPENDENT LIVING UNITS, 30 ASSISTED LIVING UNITS, 58SKILLED NURSING AND ALZHEIMER BEDS, 3000 SQUARE FEET OF OFFICE, AND 28, 500 SQUARE FEET OF COMMUNITY CENTER), AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SIX WAIVERS TO ALLOW THE ADDITION OF 209 COVERED PARKING SPACES, THE LOCATION OF COVERED PARKING SPACES WITHIN THE REQUIRED 100 -FOOT SETBACK, THE ELIMINATION OF TWO SIDEWALKS, A REDUCTION IN THE 15 -FOOT LANDSCAPE BUFFER, THE REDUCTION IN THE STREET SIDE SETBACK ALONG THE EASTERN PERIMETER, AND THE ENCROACHMENT OF STRUCTURES WITHIN THE LAKE MAINTENANCE EASEMENT TRACT; PROVIDING FOR AN AMENDMENT TO THE MASTER SIGNAGE PROGRAM FOR THE DRI AS ADOPTED IN RESOLUTION 64, 1998 TO MODIFY THE DESIGN AND LOCATION OF THE PERMITTED SIGNS AND ADD TWO DIRECTIONAL AND TWO DIRECTORY SIGNS TO THE MASTER SIGNAGE PROGRAM; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from Urban Design Studio, agent, for approval of a site plan known as La Posada consisting of 22.5 acres for a senior assisted living facility with 301 units, a community center, and a health center located within the Regional Center DRI along PGA Blvd., as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the applicant seeks six waivers and an amendment to Resolution 64, 1998, adopting the Master Signage Program, to allow 209 covered parking spaces, the location of covered parking within the required 100 -foot front and rear setbacks, the elimination of two sidewalks, the reduction in the 15 -foot landscape buffer along the eastern and northern perimeters, the reduction in the street side setback along the eastern perimeter, the encroachment of structures within the lake maintenance easement tract, and a modification to the Master Signage Program to change the design and location of proposed signs and add two directional and two directory signs; and WHEREAS, the subject parcel is currently zoned Planned Community District (PCD) with future land -use designations of Residential High (RH) and Professional Office (PO); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and Resolution 105 Revised on: January 8, 2001 WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Planning and Zoning Commission has recommended approval of the site plan for the subject parcel; and WHEREAS, the Growth Management Department has recommended approval of the site plan for the subject parcel. 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 a senior living facility with 301 units, a community center, and a health center, located within the Regional Center DRI along PGA Blvd., more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said site plan approval shall comply with the following conditions which shall be binding upon the applicant, its successors, assigns, and /or grantees: 1. Prior to the issuance of the first building permit, the petitioner shall obtain written authorization from applicable utility companies authorizing the horizontal construction /planting within utility easements. Utilities shall only be allowed in buffers in accordance with Section 147(d) of the City's Land Development Regulations; 2. No building permits except for the clearing of exotic vegetation shall be issued until a revised Surface Water Management System for Unit 19 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; 3. Prior to issuance of a clearing permit, the petitioner shall present to the City of Palm Beach Gardens a permit from the Florida Game and Fresh Water Fish Commission to relocate the Gopher Tortoises off -site; 4. The petitioner shall install the 25 -foot Atlantic Boulevard buffer in conjunction with the construction of North Loop Road, including the sidewalk to Atlantic Boulevard; 5. The petitioner is responsible for the maintenance of Gardens Parkway, Fairchild Gardens Avenue, and New Loop Road (north and east) landscaping and irrigation abutting the subject property, if for any reason the Regional Center Owners Association terminates its maintenance of said areas. Said maintenance shall comply with landscape maintenance standards recommended by the City of Palm Beach Gardens and shall commence upon installation of landscape materials; 0 6. Prior to issuance of the certificate of occupancy for each building, the Landscape Architect of record shall certify that all associated landscaping with each building is Resolution 105 2 Revised on: January 8, 2001 complete. Prior to issuing the last certificate of occupancy for the entire development, the Landscape Architect of record shall certify that all landscaping for the development has been completed per all the approved landscape plans; 7. Should the approved land -use of the development change in the future, a comprehensive re- evaluation of parking demand on site based on the new land -use will be conducted and the petitioner shall comply with the recommendations of the City and the findings of the parking study; 8. All utility equipment located on top of buildings must be effectively screened so that they are not visible from ground level; 9. All covered parking spaces must be assigned and the identified 21 parking spaces must be marked for future conversion into parking spaces, should the need arise; 10. The petitioner, the City of Palm Beach Gardens, and Northern Palm Beach County Improvement District, 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 Northern Palm Beach County Improvement District, and the City engineer. The attached "Exhibit E" shows the general area in which the easement shall occur. 11. The petitioner shall provide, as agreed to and proposed by the petitioner, on -site services that includes an emergency response communications systems for each independent living, assisted living, and Alzheimer's living unit that will provide an emergency response system monitored 24 -hours a day by La Posada staff. The skilled care community shall be provided with a full U. L. (underwriter Laboratory) rated nurse call system. Wandering control devices shall also be employed in the skilled care and Alzheimer's living areas. Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following six waivers with this approval: 1. A waiver from Section 190(g) to allow an increase in the number of covered parking beyond the maximum 5 %. The waiver is requested for 209 covered parking spaces; 2. A waiver from Section 190 (h) to allow the placement of covered parking in the front and rear of principal structures and reduce the setback requirement for such structures to less than the required minimum setback of 100 feet. The waiver is requested for 70 feet in the front along Gardens Parkway Blvd. and 100 feet in the rear along north New Loop Road; 3. A waiver from Section 256 to eliminate two on- street sidewalks required by Code. One sidewalk is on the south side of north New Loop Road and the other along the western i side of New Loop Road, immediately adjacent to apartment building 2; Resolution 105 ' 3 Revised on: January 8, 2001 4. A waiver from Section 160 to allow a reduction in the required 15 -foot landscape buffer on land adjacent to public rights -of -way. The waiver is requested for the entire 15 feet along the northern perimeter of the site on north New Loop Road. Part of this request includes a 3.5 and a 8.7 foot - waiver along the eastern perimeter of the site in front of apartment building 2; 5. A waiver from Section 75 to allow a reduction in the street side setback in front of apartment building 2. The requested waiver is for 23.7 and 18.5 feet; 6. A wavier from Section 282 to allow the club house, the enclosed structure immediately west of the community center, and the existing vegetation surrounding the lakes to remain within the lake maintenance easement tract. These are to be considered as permitted encroachments into the lake easement. The waiver is requested for the community center, existing trees, and the enclosed and elevated structure next to and west of the community center. The applicant and the City Engineer's office will determine the final boundaries of the lake easement tract during the construction plan review. Section 4. The Master Signage Program for the Regional Center DRI, as approved by Resolution 64, 1998, is hereby amended to modify the design and location of the proposed ground signs and to add two directional and two directory signs, as reflected on the landscape plan and the attached exhibits "B ", "C ", and "D." Section 5. Said approval and construction shall be consistent with plans filed with the Growth Management Department as follows: 1. Site plan and architectural renderings, sheets S -1 to A 30 2h, by Rink Reynolds Diamond Fisher; Greystone Communities, Inc.; and Urban Design Studio, last revised on 9 -18 -2000; 2. Architectural renderings, sheets A 30 1 a to A 70 2a, by Rink Reynolds Diamond Fisher and Greystone Communities, Inc., last revised on 9 -18 -2000; 3. Site Lighting and Photometrics, sheets E 1.1 and E 1.2, by Rink Reynolds Diamond Fisher; Greystone Communities, Inc.; and Urban Design Studio, last revised on 9 -18- 2000; 4. Landscape Plan, sheets LA 2.1 to LS 1.1, by Rink Reynolds Diamond Fisher, Greystone Communities, Inc.; and Urban Design Studio, last revised on 9 -18 -2000; 5. Signage Plan and Signage Details, sheets S 1.1 and S 1.2, by Rink Reynolds Diamond Fisher; Greystone Communities, Inc.; and Urban Design Studio, last revised on 9 -18- 2000. 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. Resolution 105 4 11 Revised on: January 8, 2001 Section 7. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS THE DAY OF 2000. ATTESTED BY: JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Carol Gold, CMC,City Clerk CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK G:Talal/SP- 99 -18 -re Resolution 105 5 .1 • ,—,.� o. 8586 P. 11/19 F$Oli xNNi�,. X CHI;l.k LuCI(EY (QED) 8.18' 99 16:04 ,6:00/1 . �tivvu197vu 1 „ . ! . Exhibit A LAND -- LEGAL DESCRWY (ON Parcels 27.17, 27.21, 27 -OPN4 and 27.R06 A parcel of land located in Section 6, Township 42 South, Range 43 East, within the municipal limits of the City of Palm Beach Gardens, Palm Beach. County, Florida, and being more particularly described as follows: Beginning at the Northeast comer of the plat of Mira Flores, as recorded in Plat Book 75. pages 122 through 125, public records of palm Beach County. Florida, proceed along the East line of said plat through tho following 8 courses: Thence Soo& 010 15' 12" West, a distance of 76.07 feet; thence Sots 46° 15' 12" Vilest, a distance of 35.36 feet; thence South 41° 15112" West, a distance of 152.74 feet to a tangetlt curve having a radius of 265.00 feet, and a central angle of 5S° 48' 40% &ewe proceed SouthMy and westerly along the arc of said cwrfe, a distane4 of 258.13 feet to the cud of said curve; thence South 57° 03' 52" West, a distance of 230.54 foot to a tangent curve having a radius of 185.00 feet, and a ccatral auglc of 639 44' 16 "; thence proceed Southerly along the one of said curve a distance of 245.80 feet to the end of said curie; thence South 060 40'24" East, a disz of 7535 feet; thence South 53' 321540 Bast, a distance of 36.49 feet to a polut an the North right of way line of Gardens Boulevard, as dc:=''bed in Official Records Boole 5072, page 356, public records of Palm Beach County, Florida; thcuce Tlorih 751° 34' 36" IFast, along said North right of way line of Gardens Boulevaud, a disU=a of 1,M19 feet w a tangent Curve having a tadius of 1,190.92 feet, and a central angle of 24° 19"43"; thence procP�--d Easterly along the arc of said curve and North right of way line of Gardens Dotticvstd, a distance of 505.68 feet to the end of said curve; thence North 60° 12` 06" Past, combining along said North right of way line of gardens Boulevard, a distance of 3455 feet;- thence South 730 30' 08" East, continuing along said North right of way lip of Qandws Boulevard, a distance of 7038 feet; thence North 00' 55'29" East, depattijog said North'right of way line -of Gardens Boulevard, a distance of 38.78 feet to a =n- tangent curie having a radial bcar;n¢ of South 73' 30' 11" East, a radius of 27160 feet, and a central angle of 32' $01 00 ". Thence proceed Northerly sad Fastedy aloog the arc of said curve., a distance of 155.64 feet to the cud of said curve; O=w North 491 08' 41" East, a distance of 43.92 feet to a tangent curve heaving a radius of 331.14 feet, and a ventral angle of 48' 04' 29 '. Thence proceed Northerly along the arc of sand carve, it distance of 277.85 feet to the end of said curve. Thence North 01' 06' 32" Fast, a distance of 48.01 feet; thence North 46° OT 24" East, a distaa%ce of 44.04 feet -th= —North OP 11'2,90 East, a distance of 76.19 feet to a point on a line 30.00 feet Southerly of and parallel with the North line of said Section 6, Town-t'h:p 42 South, R=gc 43 E9A thence North 88° 45' 01 go West, line, a distance of 1,829 -53 fat; to the POINT OF BBQft4 NG of 1 pub LESS AND EXCEPTINO THEREFROM those certain tracts of Official Accords Book 5072, Me 354. public records of Palm Beach A 1 I 1 i i o ® o - Mao MGOa� [ [ [�iil i1i1p r _t rr_rr rr zz- 1 I ee ` ` P 111 ••T I��T 1 t rre� �Rit tFT scrcccc �' EE �F f� R 1 o • o m o • o e ® o till rr rr Fa Z 0 � �i' ic• v: • F ='s =� a =■ F" - n M� I -j ...r. I Ail I I I ���I ��� �� Il l l l l l l l l l 111 X11111 11111111111111mmusn.�l i Ilium � c it a o e ® o till rr rr Fa Z 0 � �i' ic• v: • F ='s =� a =■ F" - n M� I -j ...r. I Ail I I I ���I ��� �� Il l l l l l l l l l 111 X11111 11111111111111mmusn.�l i Ilium � • 11 Mir 1 • ---- - ----- I - .09. • I � I � I 1 � .i m _ e . a I I I II II II 1 I ' f II II s�� <� �. :gib" •.�'� _ Ir o t I II 11 •. • ; -- frig � l y I II C S X m v n .g .m .c I, i gill If! if 11 (N LAPOSADA s�� <� �. :gib" •.�'� RH fiff HN I, i gill If! if 11 (N LAPOSADA • d\ y 0-9; It A-V A g 4V y a 9-1111 9 R -1 LA POSADA - m ♦ .N ° o t � o r 3 d NJ 44 g dN � C o 43 VA9 cc Po r-S OU i<� 7[ WOc N vd oa 1a m fa v ° H aa. �aa Qa�.�aa :._ HIJ: • i 3 s a 0 <�ld ii s C1 f w� z 0 r 0 a- 0 0 a '•a W °C � o U. vi UZ .. a n, z u: U t:J m six a oa ;IZ pill, lip 1 i! C` • Memo to File From: Mark Hendrickson, City Forester Subject: SP- 99 -18, Westport 17111" Date: May 8, 2000 I have reviewed the revised plans submitted July 6, 2000. The following are my - recommendations for the July 25, 2000 P&Z Commission meeting: • The Gopher Tortoises shall be moved off -site per a FGFWFC permit that will be copied to the City, prior to issuing the clearing permit. • The 25' Atlantic Boulevard buffer shall be installed in conjunction with the construction of the North Loop Road, including the sidewalk to Atlantic Boulevard. • Prior to the issuance of the Certificate of Occupancy for each building, the Landscape Architect of record shall certify that all associated landscaping with each building is complete. Prior to issuing the last Certificate of Occupancy for the entire project, the Landscape Architect of record shall certify that all landscaping for the project has been completed per all the approved landscape plans. T. L • • CITY OF PALM BEACH GARDENS MEMORANDUM CITY OF PALM BEACH GARDENS 10''..x00 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 33410-4698 TO: Ta1a_l Benothman, Senior Planner DATE: February 17, 2000 FROM: Scott Fetterman, Asst Chief / Fire Marshal — SUBJECT: SP -99 -18 Westport Senior Living Facility The Fire Rescue Depaeunent has reviewed the above reference petition and has the following comments or concerns: 'Z�arOL--- The pedestrian bridge will need to have a vertical clearance of at least 13' -6 ". 2. Several areas of the parking lot do not allow Fire rescue access. A20' inside radius is V required as a minimum. 3. The proposed fire hydrants on the water distribution plans are not in compliance with V City Code — requires 300' spacing. Thank you for your continued assistance and consideration in these matters. Please contact me if you have any questions or any future changes are proposed. Seacoast Utility Authority CC . SL D(ECtMVE OFFICE July 17, 2000 VIA FAX: 799 -42$l Mr. Talal Benothman Planning and Zoning Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Westport - La Posada Dear Mr. Benothman: )Wading Address; PO. 6M 109602 Patr„ Beach Gardens. Florida 33410-9602 We offer the following comments on your transmittal dated July 6, 2000 concerning the referenced project. 1. The landscaping plans need to be revised to show the proposed location of fire hydrants-and meter/backnow preventecassemblies. Plans currently show these devices beneath covered parkway in several locations. 2. a following comments concerns the typical cross sections shown on Sheet C1.2. a Section A -A - Water main appears to be too close to the covered parking and to the storm sewer. This section location should Tie shitted east 75' to reflect covered ` parking on both sides of the road. b. Section B -B - Facilities shown in section do not match those shown in the plan view on Sheet C1.11. Q Section D -D - Water main appears to be too close to the storm sewer. It appears that there will be a conflict between the water main and proposed royal palms along this road. - d. Section F -F - The location of the water main and gravity sewer line does not appear to be acceptable. It may be necessary to master meter the - cottage section. Please call if you require additional information. Sincerely, COAST UTQ. AU M R= Bruce Gregg Director of Operations ad CC.* Rim Bishop, Sean Donahue Jim Lance, Scott Serra 4200 Hood Road. Palm Beach Gardens. Florida 33410 -2174 o►....,.,- �-.... ,..,a, cA.va. -a mall F'?7-9490 / F-xem-t itive woe (5611627-2900 / FAX (561) 624 -2839 COMMUNMRS FINANCE COMPANY 4400 PGA Boulevard Suite 900 Palm Beach Gardens, FL 33410 Phone -561- 775 -2120 Fax -561- 775 -1099 December 17, 1999 Via Facsimile and Regular Mail Ms. Dodi Glas Urban Design Studio The Concourse -Suite 600 2000 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 -8582 RE: Parcels 27.17, 27.21, 27.OPN4, and 27.RO6 Dear Dodi: We are in receipt of your plans dated November 17, 1999 for the Westport Senior Living Center. At this time, Community Finance Company (CFC) has no comment on the plans submitted. Any future modifications to the plans must be forwarded to our office for review. Thank you for your cooperation. Sincerely yours, Nancy . Graham President " NMG:bt !91 DEC 2 1v 19 in I CIVIL AGRICULTURAL WATER RESOURCES \VATER & WASTEWATER TRANSPORTATION SURVEYING & MAPPING GIS • 'Pawners For Results Value by Design' 00 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax: (561) 286 -3925 % �'w Ihfh rnm MEMORANDUM TO: Talal Benothman FROM: Sean C. Donahue, P.E. DATE: September 12, 2000 FILE NO.: 00 -4115 (City Petition No. SP- 99 -18) C17YOFPAW BEACH GARDENS SEP 12 2000 INNING & ZONING DEPT SUBJECT: Westport Senior Living Facility (AKA La Posada) On August 24, 2000, we received the following plans and comments for review: • P&Z Response letter prepared by Urban Design Studio. • Elevations prepared by Rink Reynolds Diamond Fisher Architects, P.A.. • Proposed Lake Sections prepared by Messler & Associates, Inc. • Preliminary Civil Engineering Plans prepared by Messler & Associates, Inc. • Landscape Plans prepared by Urban Design'Studio. • Site Plans prepared by Urban Design Studio. On September 5, 2000, we received Lake Maintenance Easement Plans prepared by Messler & Associates, Inc. We have the following comment, which are based on our August 8, 2000 memorandum: 1. Previously Satisfied. 2. Conditionally Satisfied The Paving, Grading and Drainage plans have been reviewed on a conceptual basis only. Complete review of these p1Ans will be conducted during the Construction Plan Review Phase, once we have received an approved Site Plan and Development Order. 3. Previously Satisfied. 4. Previously Satisfied. 5. Satisfied. The parking for this project has been resolved with the Planning and Zoning Department. 6. Previously Satisfied. - 7. Previously Satisfied. • T? Westport Senior Living Center Page 2 of 4 LBFH File No. 00A 115 8. Previously Satisfied. 9. Previously Satisfied. 10. Conditionally Satisfied. Prior to the issuance of the first building permit the applicant will need to submit written authorization from the utility owner for the horizontal construction/planting within the utility easements. - 11. Previously Satisfied. 12. Previously Satisfied. 13. Satisfied. The applicant has provided safe sight triangles at the appropriate intersections. The applicant has provided the appropriate turning radii at the intersection of the loop roads. 14. Previously Satisfied. 1 Conditionally Satisfied. Prior to Site Plan approval, the City of Palm each Gardens and the South Florida Water Management District must re 'ew and approve the modifications to the Surface Water Management System for the Regional Center. 16. Conditionally Satisfied. Any condition contained in the City's approval of the modifications to the Surface Water Management System that effects individual parcels within the Regional Center must be addressed prior to Site Plan approval for any parcels within the Regional Center. of Satisfied No building permits except for the clearing of exotic L vegetation shall be issued until a revised Surface Water Management. cj) - System for North Palm Beach County improvement District's Unit 19 has received final approval from the City of Palm Beach Gardens and Tall other applicable governments and/or agencies, including a schedule for implementing the plan and a definitive commitment for funding the required improver 18. Con oa a"ed A 20 -foot wide unencumbered lake maintenance tract, . a 'nimu slope of 8:1, is a requirement of Section 282 of the City s Land opment Regulations (LDRs). The purpose of this Section of the LDRs is to provide access to the lake banks for the normal maintenance of the lake (such as the dredging of the Iake bottom, maintenance of slopes, etc.), and for emergency management operations during and after storm events (such as the removal of trees from the water body, control structures and culverts) for the protection of upstream developments such as Mia Flores. The applicant has presented a Lake Maintenance Tract Plan that shows the tract around this existing lake will be encumbered by large e Westport Senior Living Center Page 3 of 4 LBFH File No. 00-4115 and proposed structures (including a building and a set of staircases). Access to the lake for maintenance and emergency management operation during storm events will need to take place from the water since the lake banks are encumbered. We do not recommend amending the code to remove the lake maintenance tract requirements. We also understand that there is support for this lake to remain in its existing condition from the Planning & Zoning Department.. Therefore, if the waiver from Section 282 of the City's LDRs is approved, the applicant needs to submit an Emergency Operations Management Plan prepared by Northern Pam Beach County Imnrovement District fpr the maintenance of the lake during storm events. The plan will need to be reviewed and approved by the City prior to the issuance of the building permit for this pro'ect We also recommend that the lake maintenance tract be mfl d at n(;—new trees be added to the tract at any time. , 10 Satisfied. a applicant has provided a cross section of the lake bank n e sidewalk that is required as a part of the Regional Center DRI. The applicant has proposed to construct the sidewalk at a minimum elevation of 8.0 feet. Sidewalks are typically constructed along roadways, at the back edge of the right -of -way. The sidewalks normally enjoy the same protection from the 10- year /1-day storm event as the centerline of the roadway. Based on NPBCID Unit 19 Flood Routing Simulations for Proposed Conditions, this sidewalk will be 2.58 -feet underwater during the 10- year/1-day storm event. We do not recommend approval of this sidewalk location. 20. Satisfied. The applicant has revised the parking at the east and west entrances by replacing the adjacent parking spaces with green space. The applicant has increased that stacking distance at all of -the entrances to the site, except the entrance directly north of the service yard. We understand that the employees will predominantly use this entrance, and we recommend dedicating the adjacent parking spaces as employee parking to increase that stacking distance at this entrance. 21. Satisfied. The applicant has provided that appropriate turning radii at that entrances and intersections. The applicant has also satisfied the requirements of the Fire Department. 22. Satisfied. The applicant has provided a stop bar and stop sign at the entrance to the north of the service yard. 23. The applicant has shown several stop bars and crosswalks to be placed in areas where there are brick pavers. Due to adhesion problems, paint or thermoplastic will not be permitted to be install on paver bricks. We recommend using flush header orbs to outline crosswalks. We also recommend that the applicant either adjust the locations of the stop bars or provide white paver bricks to be used as stop bars. Westport Senior Living Center Page 4 of 4 L$FH File No. 00 -4115 The applicant is requested to return a copy of our comments with the applicant's acknowledgement of each comment and the response. Compliance will expedite the subsequent review. sCn\ cc: Roxanne Manning Jim Norquest P.\PROJECTs\PBGMEM014115W 11 Sa do¢ • • RESOLUTION 64, 1998 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A MASTER SIGNAGE PROGRAM FOR THE MACARTHUR CENTER; PROVIDING FOR ADDITIONAL CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS FROM CODE REQUIREMENTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the MacArthur Regional Center was approved per Resolution 9, 1984; WHEREAS, the City's Growth Management Department has received a petition from the MacArthur Center Property Owners Association for the approval of a Master Signage Program for the MacArthur Regional Center, located at the northeast comer of the intersection of PGA Boulevard and Alternate A 1 A, Palm Beach Gardens; WHEREAS, the City's Growth Management Department has recommended approval of the MacArthur Center Master Signage Program; and WHEREAS, the City's Growth Management Department has determined that the proposed Master Signage Program is consistent with the City's Comprehensive Plan and Code provisions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: ,5ection L. The City Council of the.City of Palm Beach Gardens hereby approves a Master Signage Program consisting of seven Main Entry Signs, 13 Directional Signs, 28 Building ID Signs, Regulatory Signs per code and four Temporary Site Signs, for the ,MacArthur Regional Center located at the northeast corner of the intersection of PGA Boulevard and Alternate AIA, Palm Beach -- .. Gardens. Sectiop 2, The Master Signage Program shall be implemented in accordance with the following plans on file with the City's Planning and Zoning Department: 1. April 24, 1998, Sign Location Plan and Message Schedule, Sheet SL1 2. April 29, 1998, Typical Landscape Plans, Sheets 1 -2. 3. August 7, 1997, MacArthur Center Signage and Graphics Standards; Main Entry Sign, Building ID Sign, Directional Sign, Temporary Site Sign, Street Name Signs, Routing Signs, and Regulatory Signs (dated May 13, 1998) t Section 3. The Master Stgnag e Program a pp roval shall comply with the followin g conditions: (1) The MacArthur Property Owners Association shall maintain all signage.. (2) Prior to the issuance of the fast sign permit, the applicant shall submit construction plans and specifications for the break -away design for review and approval. This shall apply to the Main Entry Signs, the Building Identification Signs and the Directional Signs. (3) No sign shall be erected within, over, or adjacent to any existing or future water or sewer line without the prior written consent of Seacoast Utilities, its successors, and or assigns. (4) Each temporary sign shall be removed at the issuance of the Certificate of Occupancy for the building for which the temporary sign was erected. Section 4. The approval of this petition is contingent upon the approval of the following waivers: a. Waiver of Section 110- 36(c), minimum landscaping required around ground signs and minimum front setbacks to allow: 1) Directional Signs and Building ID Signs within medians to be located within one foot from the edge of the curb (they are required 6 -7 feet of side landscaping, depending on the height of the sign). 2) Building ID Signs in medians to have a 3 foot front setback (15 feet is the required setback). b. Waiver of Section 110- 36(b), maximum length of ground signs (15 feet required) 1) To allow Main Entrance Sign of 16 feet Section 5. This Resolution shall be effective upon adoption. Page 2 Resolution 64, 1998 INTRODUCED PASSED AND ADOPTED THIS DAY OF P 199 . J S RUSSO, MAYOR ATTEST: APPROV AS TO LEGAL FORM AND LINDA V. KOSIER SUFFICIENCY. ' \ �9C1- B �_ ?!�1 t ,( m v- 0 I CITY ATTORNEY w VOTE: AYE NAY ABSENT MAYOR RUSSO r VICE MAYOR FURTADO COUNCILMAN SABATELLO COUNCILMAN JABLIN -- COUNCILMAN CLARK r" Page 3 Resolution 64, 1998 • • • 1 I l 1 1 1 if �����' tmti�mssatmt �'3 :al.1i: i:i 1!: :is i��:• l=ie -,Q rrrrrp JPA S o J _ � a l ➢ l 1 y I A � r i • 111111.) eL i a a s 111!111 �� !t .mamoaa •� It q i 1 Z� f� 1 �Aa ■C y 1 I I o I ps,? @ off ia: i! ld i i s .mamoaa •� It q i 1 Z� f� 1 �Aa ■C y 1 I I o I C, • v- CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 10, 2001, a request to approve an amendment to a Planned Unit Development within the Regional Center Planned Community Development, to allow for additional wall sign locations, including four waivers from the Land Development Regulations. RECOMMENDATION Staff recommends approval of Resolution 10, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorne Groi gement /I� [ ] Approved Finance A (v Iry' �M $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other • Resolution 10, 2001 • Site plan [X] Not Required • Sign Elevations e by: nagement Affected parties Budget Acct. #:: Director d [ ]Notified [ ] None Approved b City Ma X] Not required City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition MISC -00 -18 REQUEST James Brindell, Esq., agent for 3801 PGA Investors Ltd., is requesting an amendment to a Planned Unit Development within a Planned Community Development (PCD) approval to allow for additional wall signage on the building located a 3801 PGA Boulevard. The site is located within the Regional Center PCD at the northeast corner of PGA Boulevard and Alternate A1A. The 15.6 acre site has been approved for 408,000 square feet of Medical Office Building and a 120 bed nursing home. (6 -42S- 43E) BACKGROUND The subject site is part of the Regional Center DRI /PCD, which was approved by Resolution 9, 1984. The subject site was approved as a Planned Unit Development (PUD) within a PCD by Resolution 118, 1994. The site has been subsequently amended by Resolution 118, 1994, Resolution 89, 1995, Resolution 69, 1996 and Resolution 164, 1996. The latest elevation approvals indicating signage location were approved by Resolution 164, 1996. The exhibit is dated November 1, 1996. The approved elevations indicate one wall sign location, located just below the sixth floor line, located on the north elevation. The PGA Boulevard elevation (south elevation) currently has no sign locations approved. LAND USE & ZONING The subject site is zoned Planned Community District with an underlying zoning of Professional Office, has a future land -use designation of Professional Office, and is listed as Professional Office on the Vision Plan. Table 1 on page four (4) examines the consistency of the proposed project with the City Code. PROCEDURE This is a request to amend a PUD within a PCD. The request is reviewed by City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request, and makes a final determination of approval, approval with conditions, or denial. • City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition MISC -00 -18 PROJECT DETAILS The petitioner must request the following waiver from Section 136 of the Land Development Regulations, Sign Code: (1) Two waivers for additional building identification signs beyond the one sign permitted by code. (2) Two waivers for two signs located above the fourth floor line (third sign has been approved by previous approval) Total Number of Waivers Required: 4 The petitioner has reduced the number of waiver requests from the previous submittal from 23 waivers to four waivers. The petitioner has requested the waivers beyond the height limit of fourth floor line because of visibility issues from the right -of -way. The petitioner has provided graphic representation of this lack of visibility at a conforming, or lower, location (see attachment). The ground floor tenant signs meet code requirements, therefore waivers are not required. 3 City Meeting Date: January 188, , 2001 2001 Date Prepared: January 4, 2001 Petition MISC -00 -18 Maximum Size 10 "' floor line signs: Yes (square feet): 70.5 square feet and 90 square feet or 3% of fagade below the 0 floor line or 30 feet 6th floor line signs: maximum, whichever is less. 70.5 square feet Maximum Number: Three No/ One 2 Maximum Letter Height: 36" inch letter height Yes Maximum of 36 inches Maximum Sign Location: Height: Three signs located below 10 No/ Not above fourth floor line. floor line (one previously approved) 2 Number of Names /Messages: 1 per sign Yes 1 per sign i Y f sers.< • ,irk - - Maximum Size 44 square feet Yes (square feet): 5% of tenant elevation or 56.25 square feet , Maximum Number: 1 tenant sign per ground floor Yes 1 tenant sign per ground floor tenant space directly accessible tenant space directly accessible to exterior to exterior = six Maximum Letter Height: 24" Yes 24" Maximum Sign Location: Below second floor line Yes Height: Not above second floor line or first floor parapet INumber of Names /Messages: One line of copy Yes I No more than two lines of copy The City Council has granted waivers from the sign code requirements for recently approved projects. The following table analyzes recent projects that requested sign waivers from City Council: • L, • City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition MISC -00 -18 ece .:w. wig p. t Si,'gn Wai, a ' Ga' s d ra'ionsi' 3Yi- ....e.,.: - .' .. ..... .., '"lever orr ,.r,,, o ;.: ra 1 building or principal o s dered �.. 8/7/97 Gardens Plaza - Merrill 2 tenant signs located Lynch on 10 "'floor parape # of waivers granted: 132.32 square feet in not above 4t floor line, 0 size max 90 s . feet in size. WAIVER DENIED MacArthur Financial 2 tenant signs above 4 1 building or principal 3/19/98 Building floor line tenant sign permitted, # of waivers granted: not above 4' floor line. 3 Viridian Office Building 2 tenant signs 1 building or principal 9/3198 tenant sign permitted. # of waivers granted: 1 Parcel 27.05 and 27.06 Staybridge Hotel 1 building or principal 5/4/00 2 building signs tenant sign permitted. # of waivers granted: 1 Office Building #2 1 building or principal 5/4/00 4 tenant signs tenant sign permitted. # of waivers granted: 3 Retail Building #2 1 tenant sign per ground 5/4/00 1 tenant sign per ground floor entrance. # of waivers granted: floor entrance plus 2 2 wall signs City Centre Parcel F 4 building signs 1 building or principal 6/15/00 tenant sign permitted. # of waivers granted: 3 Grand Bank 4 building signs, 1 1 building or principal 7/20/00 tenant sign per ground tenant sign permitted 1 # of waivers granted: floor entrance plus 2 tenant sign per ground 5 wall signs floor entrance. Proposed Gardens 3 building signs, 1 building or principal # of waivers required: Corporate Center 2 below 10t floor line tenant sign permitted 4 Signage 1 below 7t' floor line not above 0 floor line,_ copy area= max 90 sq. feet in size. 70.5 s.f. Letter height not to letter height = 36" exceed 36" in height COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) The Development Review Committee has been notified of this petition. The only response was received from Building Official Jack Hanson. Mr. Hanson has reviewed the revised sign package and has indicated that he is still unable to recommend approval of signs which do not meet code requirements. 5 City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition MISC -00 -18 PLANNING AND ZONING The Planning and Zoning Division has reviewed the revised sign package and has noted that the petitioner has reduced substantially the number of waivers required as part of this petition, from 23 to four. This number of waiveisrequested is more in keeping with the number of waivers which have been granted for similar developments along the PGA Corridor. Staff has also noted that the petitioner has demonstrated through an exhibit of record that lower locations along the fagade would reduce the visibility of the signs to the point where they would be of little use, due to existing vegetation. Also staff recognizes that that this structure is unique in that the first four floors is a parking garage, thereby limiting possible sign locations within the limits defined by the code. Staff has determined that the request demonstrates that it is in harmony with the general purpose and intent of the sign.code, and that such waivers will not be injurious to the area involved or otherwise detrimental to the public health, safety and welfare. Therefore, staff is recommending approval of this petition. Staff has recommended to the petitioner that the applicant use either backlighting or an is such channel letter color that is consistent with other projects within the PGA Corridor, such as the Doubletree Hotel. PLANNING AND ZONING COMMISSION At its December 13, 2000 meeting, the Planning and Zoning Commission voted 6 -0 to recommend denial of this petition to City Council. The Planning and Zoning Commission did indicate, however, that they would recommend approval 5 -1, should the two tenant signs located on the southeast and southwest corner elevations be lowered from the 10th floor line to the 6th floor line. The petitioner has not revised the plans im accordance with the Planning and Zoning Commission's recommendation, therefore, the recommendation remains for denial. RECOMMENDATION Staff is recommending approval of petition MISC- 00 -18. • 6 0 January 4, 2001 RESOLUTION 10, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN AMENDMENT TO A PLANNED UNIT DEVELOPMENT WITHIN THE REGIONAL CENTER PLANNED COMMUNITY DEVELOPMENT LOCATED AT 3801 PGA BOULEVARD, OTHERWISE KNOWN AS GARDENS CORPORATE CENTER, TO PROVIDE FOR ADDITIONAL SIGN LOCATIONS; PROVIDING FOR APPROVAL OF WAIVERS FROM SECTION 136 OF THE CITY'S LAND DEVELOPMENT REGULATIONS TO ALLOW ADDITIONAL WALL SIGNS AND TWO SIGNS LOCATED BENEATH THE TENTH FLOOR PARAPET; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from 3801 PGA Investors, Ltd., to approve an amendment to the Gardens Corporate Center PUD, located at 3801 PGA Boulevard within the Regional Center Planned Community Development, to provide for additional sign locations; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves an amendment to the Gardens Corporate Center PUD, located at 3801 PGA Boulevard within the Regional Center Planned Community Development, to provide for additional sign locations. Section 2. The following waivers are hereby granted with this approval: Section 136 Permitted Signs: (1) Two waivers to allow three flat/wall signs permitted for the Principal Structure Resolution 13, 2001 Page 1 and/or Principal Tenant, only one permitted. (2) Two waivers to allow two flat/wall signs located below, the tenth floor line, signs may not be located. Section 3. Said waivers shall be consistent with plans filed with the City's Growth Management Department as follows: (1) December 4, 2000 Sign Elevation Plan, Conceptual Design Signs and Graphics, 2 Sheets (2) October 18, 2000 Sign Specification Memorandum, Conceptual Design Signs and Graphics, 1 Sheet Section 5. Said approval shall be consistent with, and expressly incorporates, all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 ATTEST: CAROL GOLD, CITY CLERK I:` Resolution 13, 2001 Page 2 DAY OF , 2001. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON SABATELLO COUNCILPERSON FURTADO COUNCILPERSON CLARK /et \\P[LE SRV\COMPROG\Short Range\SP0005re.doc • Resolution 13, 2001 I* Page 3 Jul •^.3;; µP- •b'yT- .."��.• _ _ -�'' `• .• -- }� �i �a; 1, t � • ddlsl-146� '!" k ri __ f� ,.:•'{.•'':Jr. AS o?'iS= i- ;'5":..n� "•�%v- -:..r; I :,�.i•i!..• �t fil • - z x z a h • wA z NZ z � � U � � 0 �az�Mw con aH�x� VW.AWO r s us zWvs�W ;T4 � on • Wit.: ' 35 � .. � _ 'r�s �' _ - • Ir tx # :t {! • :a y�`c .. .. t db 190 d _ • tL 1 M ' ,w . ; t: •A. 1 - a S • �t . :ia'c�, i {f. .,, ,_r-a _ _. •�' fit_. _+ _ ._. 6- i..�._ 191 .v\\ } • !� \ \' \ \� :� `� �� ��� \\ � \ 192 h7 ��' � } \ � ® :\ . }� : 192 l5z' w. Af� 193 lei 193 "AW 194 ``''- '•0x111 --Zt t4, 194 .Y �l�r • . � • �tii • -4 ;ts;��' r ;'' 1r• 'r #1ST ��' "• 195 W H z w U W H O O z w �a x H a 0 z 0 F 0 z w� az E-+ O z c� a a x 0 0 a G4 Tin, w oa x N 0 z 0 h 0 z w� Ho z a a a 0 0 a w A a O a P4 O p4 W H z w U W EQ� a Op� a O U z w A a a O H W z a h z a 0 0 Pro F w . oa o� a0-4 z a z O O ° w Ey a x � W o� 0 H a a a w H z w U W H O O U z w �a C, M a a w h z w 0 az a� H wa W z w U W F O a a 0 U z w c� a a �a w z w 0 az wo wa 200 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 13, 2000, a request to approve a site plan within a - Planned Community District, Ballenisles Parcels 15 and 16a. RECOMMENDATION Staff recommends approval of Resolution 13, 2000, which contains conditions of approval and waiver requests from Land Development Regulations. 11 5 .V Reviewed by: City Attorne Finance NA Originating Dept.: Growth Management NL- Costs: $ Total $ Council Action: [ ]Approved [ ]Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Date: [ )Operating Attachments: Paper: ( ] Other • Resolution 13, 2000 [X] Not Required • Legal Descriptions S i e y: nag_emeent Affected parties Budget Acct. #:: Director .- [ ] Notified [ ] None Approved by: City Mana a [X] Not required City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition SP -00 -19 I. REQUEST Hank Skokowski, agent for Ballenlsles Development Company, is requesting approval for two site plans within a Planned Community District (PCD) for the construction of 35 semi - custom zero lot line single - family homes (Parcel 15) and 16 semi - custom zero lot line single - family homes (Parcel 16a). The 13 acre (Parcel 15) and 6.53 acre (Parcel 16a) sites are located at the southwest quadrant of the Ballenlsles PCD, approximately'/ mile north of the intersection of Northlake Boulevard and Ballenlsles Drive (14- 42S -42E). II. BACKGROUND A. History The Ballenlsles Planned Community District was approved by Ordinance 8, 1989. B. Land Use and Zoning The subject site is zoned RL -3 with a Planned Community District overlay zoning district. The subject site has a future land -use designation of Residential Low, and is designated as Residential Low on the Vision Plan. For a complete listing of adjacent uses, land -use designations and zoning districts, see Table 1 on the following page. Table 2 on page four examines the consistency of the proposed project with the City Code and future land -use designation for the site. 2 City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition SP -00 -19 Subject Property: PCD RL- Residential Low Vacant I Underlying Zoning RL -3 Master Plan designation of RL North PCD RL- Residential Low Ballenlsles Parcel 16b Underlying Zoning RL -3 Master Plan designation of RL South PCD RL- Residential Low Underlying Zoning RL -3 Master Plan designation of RL PCD Buffer — Northlake Boulevard West PCD G — Golf Ballenlsles Golf Course East PCD RL- Residential Low Ballenlsles PCD Community Park C. Concurrency Traffic, Drainage and Utility Concurrency for this site were granted at the time of PCD approval. D. Development Review Committee The Development Review Committee members, representing public and private agencies affected by the proposed development, reviewed this petition on October 12, 2000. This petition is DRC certified. The petitioner has submitted revised plans incorporating comments from both the DRC members and the Planning and Zoning Commission. • • • City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition SP -00 -19 E. Procedure This is a request to approve two Site Plans within a Planned Community District. City Staff and the Development Review Committee, who forward comments and recommendations to the Planning and Zoning Commission, review the request. Acting in an advisory role, the Commission considers the recommendations of the DRC and City Staff and makes a recommendation to the City Council. The City Council reviews the request for site plan approval, and makes a final determination of approval, approval with conditions, or denial. A public hearing is not required. Ill. PROJECT DETAILS A. Site Location and Existing Conditions This is a Site Plan Review for two parcels within the Ballenlsles PCD. The land area of Parcel 15 is 13 acres and the land area of Parcel 16a is 6.53 acres. Both parcels are located on West Island Avenue, which is in the southwest area of the PCD, west of Ballenisles Drive and north of Northlake Boulevard. Parcel 15 is located more directly at the end of West Island Avenue. Parcel 16a is located on the south side of West Island Avenue, directly across from Parcel 16b. The parcels are generally, surrounding by golf, the southern Ballenisles neighborhood park and lake area, and on the west by the Florida Turnpike. B. Compliance with Land Development Requlationsl Section 75 Site = Residential Low — 3 Minimum Building Site Area: 6,500 square feet typical yes 6,500 square feet Minimum Site Width: 64 feet no 65 feet Maximum Building Lot 50% no Coverage:35% Maximum Building Height: 22.5 feet yes 36 feet, two stories maximum Front Setback: 30 feet yes 25 feet Side Setback: 0 feet no 7.5 feet or 10% of width Side Setback Facing a Street: N/A N/A 20 feet Rear Setback: 10 feet 5 feet no 4 • • City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition SP -00 -19 C. Waiver Requests D. Proposed Buildinq These parcels are proposed to be developed as semi - custom zero lot line home lots. The style /theme of the homes will be consistent with the previously approved units on Parcel 14. Buyers will have the option of choosing between three and four bedroom optional floor plans with one unit offering an attached guesthouse. Guesthouses are permitted in single family zoning districts, but may not have workable kitchens, which includes a stove. The units will range in size from 3,010 square feet to 3,980 square feet in size. Design guidelines have been prepared and are included on the architectural elevations. The color schemes are consistent with the light earth tones that have been previously approved within the Ballenlsles PCD. No recreation or community facilities are proposed for these single - family communities. ocle a utrement M re os ` ,,= Re uetg sd Section 70 — RL -3 Side Setback = 7.5 Building, pools and 7.5 feet feet or 10% of lot spas Side Setback = width 0 feet _ Section 70 — RL -3 Side Setback = 7.5 Pools and spas 6 1.5 feet feet or 10% of lot feet from property width line Section 70 — RL -3 Side Setback = 7.5 Screens 5 feet from 2.5 feet feet or 10% of lot property line width Section 70 — RL -3 Rear Setback = 10 Screens 5 feet from 5 feet feet rear property line Section 70 —RL -3 Rear Setback = 10 Pools and spas 7.5 2.5 feet feet feet from property line Section 70 —RL -3 Minimum Lot Width Typical lot width of 1 foot of 65 feet 64 feet Section 70 — RL -3 Side Facing Street = Building setback of 10 feet 20 foot setback 10 feet, Lot 35 Parcel 15 Only) Section 70 — RL -3 Maximum Lot 50 % Lot Coverage 15% lot coverage Coverage of 35% D. Proposed Buildinq These parcels are proposed to be developed as semi - custom zero lot line home lots. The style /theme of the homes will be consistent with the previously approved units on Parcel 14. Buyers will have the option of choosing between three and four bedroom optional floor plans with one unit offering an attached guesthouse. Guesthouses are permitted in single family zoning districts, but may not have workable kitchens, which includes a stove. The units will range in size from 3,010 square feet to 3,980 square feet in size. Design guidelines have been prepared and are included on the architectural elevations. The color schemes are consistent with the light earth tones that have been previously approved within the Ballenlsles PCD. No recreation or community facilities are proposed for these single - family communities. City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition SP -00 -19 E. Signaw The location of both parcel entrance signs has been shown on the site and landscape plans. Details of the proposed signage have been included with the landscape design plan. The monument signs meet code requirements. F. Landscaping and Buffering The petitioner is proposing common area planting plans for both parcels as well as roadway buffer plans for West Island Drive. The petitioner is providing for a proto - typical model planting plans. Proto - typical model plans must include a street tree within 15 feet of the right -of -way, as required by the LDRs. Parcel 15 Based on the proposed open space within the community, the petitioner is required to provide 23,718 points of common area landscaping. The petitioner is providing a total of 28,346 points of landscaping. Parcel 16a Based on the proposed open space within the community, the petitioner is required to provide 12,976 points of common area landscaping. The petitioner is providing a total of 13,471 points of landscaping. G. Parking The required parking is calculated at one space per bedroom. A minimum of a two -car garage with a two -space apron will be provided. Because the two parcels are both single - family communities, the petitioner is not required to provide guest parking. H. Site Access and Circulation West Island Avenue, the access road between Pod 15 and 16a and Ballenlsles Drive, has been constructed to a point just beyond the proposed entrance to Parcel 16a. The remainder of West Island Drive will be constructed to the entrance of Pod 15 when Pod 15. construction commences. 1. Drainage A network of drainage inlets and piping will be installed within the proposed road rights -of- way to collect and convey stormwater runoff into the adjacent water management tracts, which are part of the overall PCD drainage system. 6 City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition SP -00 -19 J. Lightinq The petitioner is proposing the standard Ballenlsles 12 -foot "Coachlamp" throughout the development. K. Legal Non - Conformities There are no legal non - conformities on site. L. Palm Beach County Schools (Residential Developments Only) This site is zoned for the following public schools: Grove Park Elementary Watson B. Duncan Middle William T. Dwyer High The school board has not commented on this petition. M. Parks and Recreation The developer shall be required to pay a parks and recreational impact fee for each residential unit, as specified in Chapter 82 of the Code of Ordinances. N. Platting The petitioner shall plat and record this parcel, consistent with the approved site and master PCD plan, prior to issuance of first building permit. IV. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) This petition has received DRC certification. DRC certification indicates that all major outstanding issues have been resolved. V. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviewed this petition on November 28, 2000 and recommended approval 6 -0 with conditions of approval. The Commission also recommended approval of all eight waivers. 0 7 • C7 City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition SP -00 -19 STAFF RECOMMENDATION Staff recommends approval of petition SP -00 -19 with the following conditions of approvals: (1) Change in roof style alone shall not constitute a different elevation. (2) No two alike homes shall be side by side and for the purpose of that particular determination the Alexander and Alexander II models shall be considered the same model. (3) Change in the roof line from a hip or gable to the opposite would make it an otherwise different model. (4) Prior to the issuance of the first Certificate of Occupancy for Parcel 15, the petitioner shall install 1600 linear feet of Buffer "D ", as required by the Ballenlsles PCD approval. (5) The applicant shall obtain permission from the appropriate utility agency for any proposed construction of landscaping within all proposed and existing easements. (6) No trees, vertical construction, or building overhangs shall be permitted within drainage easements. Staff recommends approval of the following waivers: Section 70 — RL -3 Side Setback = 7.5 Building, pools and 7.5 feet feet or 10% of lot spas Side Setback width 0 feet Section 70 — RL -3 Side Setback = 7.5 Pools and spas 6 1.5 feet feet or 10% of lot feet from property width line Section 70 — RL -3 Side Setback = 7.5 Screens 5 feet from 2.5 feet feet or 10% of lot property line width Section 70 — RL -3 Rear Setback = 10 Screens 5 feet from 5 feet feet rear property line Section 70 —RL -3 Rear Setback = 10 Pools and spas 7.5 2.5 feet feet feet from property line Section 70 —RL -3 Minimum Lot Width Typical lot width of 1 foot of 65 feet 64 feet Section 70 — RL -3 Side Facing Street = Building setback of 10 feet 20 foot setback 10 feet, Lot 35 Parcel 15 Only) Section 70 — RL -3 Maximum Lot 50 % Lot Coverage 1 15% lot coverage 0 Coverage of 35% UFILE_SWCOMPROG \Short Range\sp0019cc.doc City Council Meeting Date: January 18, 2001 Date Prepared: January 4, 2001 Petition SP -00 -19 0 RESOLUTION 13, 2001 January 4, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A SITE PLAN FOR THE CONSTRUCTION OF 51 SINGLE - FAMILY UNITS ON 19.53 ACRES WITHIN PARCELS 15 AND 16A IN THE BALLENISLES PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS OF APPROVAL AND WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application from BallenIsles Development Company, to approve a Site Plan for the construction of 51 single - family dwelling units on 19.53 acres within Parcels 15 & 16a in the BallenIsles Planned Community Development; and WHEREAS, the City's Growth Management Department has determined that approval of said application is consistent with the City's Comprehensive Plan; and WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. 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 the construction of 51 single - family dwelling units on 19.53 acres within Parcels 15 and 16a in the BallenIsles Planned Community Development, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: (1) Change in roof style alone shall not constitute a different elevation. (2) No two alike homes shall be side by side; and for the purpose of that particular determination, Resolution 13, 2001 Page 1 11 the Alexander and Alexander II models shall be considered the same model. (3) Change in the roof line from a hip or gable to the opposite would make it an otherwise different model. (4) Prior to the issuance of the first Certificate of Occupancy for Parcel 15, the petitioner shall install the 1600 linear feet of Buffer "D ", as required by the BallenIsles PCD approval. (5) The applicant shall obtain permission from the appropriate utility agency for any proposed construction of landscaping within all proposed and existing easements. (6) No trees, vertical construction, or building overhangs shall be permitted within drainage easements. Section 3. The following waivers are hereby granted with this approval: Section 4. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: (1) November 1, 2000 Parcel 15 Site Plan, Urban Design Studio, 1 Sheet (2) October 28, 2000 Parcel 16a Site Plan, Urban Design Studio, 1 Sheet (3) September 18, 2000 Parcel 15 Landscape Plan, Krent Wieland, L -1 — L-3 Resolution 13, 2001 Page 2 Requirement Request Waiver Section 70 — RL -3 Side Setback = 7.5 feet Building, pools and 7.5 feet or 10% of lot width spas Side Setback = 0 feet Section 70 — RL -3 Side Setback = 7.5 feet Pools and spas 6 feet 1.5 feet or 10% of lot width from property line Section 70 — RL-3 Side Setback = 7.5 feet Screens 5 feet from 2.5 feet or 10% of lot width property line Section 70 — RL -3 Rear Setback = 10 feet Screens 5 feet from 5 feet rear property line Section 70 —RL -3 Rear Setback = 10 feet Pools and spas 7.5 feet 2.5 feet from property line Section 70 —RL -3 Minimum Lot Width Typical lot width of 64 1 foot of 65 feet feet Section 70 — RL -3 Side Facing Street = 20 Building setback of 10 10 feet foot setback feet, Lot 35 (Parcel 15 Only) Section 70 — RL -3 Maximum Lot 50 % Lot Coverage 15% lot coverage Coverage of 35% Section 4. Said approval shall be consistent with plans filed with the City's Growth Management Department as follows: (1) November 1, 2000 Parcel 15 Site Plan, Urban Design Studio, 1 Sheet (2) October 28, 2000 Parcel 16a Site Plan, Urban Design Studio, 1 Sheet (3) September 18, 2000 Parcel 15 Landscape Plan, Krent Wieland, L -1 — L-3 Resolution 13, 2001 Page 2 (4) November 17, 2000 Parcel 16a Landscape Plan, Krent Wieland, L- 1 — L -5 (5) July 26, 2000 Pod 15 Prototypical Home Landscape Plan, Vance Design, 1 Sheet (6) July 26, 2000 Pod 16a Prototypical Home Landscape Plan, Vance Design, 1 Sheet (7) June 21, 1995 BallenIsles Phase 4 Roadway Landscape Plan, Krent Wieland, 4 Sheets (8) November 6, 2000 PCD Buffer Plan, Urban Design Studio, 1 Sheet (9) - September 25, 2000 Pod 15 Architectural Floor Plans and Elevations, Pat W. Smith, 7 Sheets (10) September 25, 2000 Pod 16a Architectural Floor Plans and Elevations, Pat W. Smith, 2 Sheets (11) November 21, 2000 Pod 15 Conceptual Drainage Plan, Keshavarz, 1 Sheet _ (12) August 2, 2000 Pod 16a Conceptual Drainage Plan, Keshavarz, 1 Sheet (13) July 11, 2000 Pods 15 and 16a Boundary Surveys, Keshavarz, 2 Sheets Section 5. Said approval shall be consistent with, and expressly incorporates, all representations made by the applicant or applicant's agents at any workshop or public hearing. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. 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 ATTEST: CAROL GOLD, CITY CLERK Resolution 13, 2001 Page 3 DAY OF , 2001. JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY • VOTE: AYE NAY ABSENT MAYOR RUSSO _ VICE MAYOR JABLIN COUNCILPERSON SABATELLO COUNCILPERSON FURTADO COUNCILPERSON CLARK /et \\F1L.E SRV\COMPROG\Short Range\.SP0005re.doc Resolution 13, 2001 Page 4 r� XI. ITEMS FOR COUNCIL ACTION: a. Burns Road Improvements Maintenance Costs VERBAL REPORT • Capital Costs & CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor and Council DATE: January 10, 2001 APPROVED: Ron Ferris, Interim City Manag (� FROM: Beth Ingold -Love, Assistant to the City anager SUBJECT: Freedom Shrine V Attached is information regarding a request to the City by the Exchange Club of the Northern Palm Beaches. The Exchange Club sought permission from the Art Advisory Committee to install a "Freedom Shrine" in the lobby of the Municipal Complex. The Freedom Shrine is a collection of original historic American documents photographically reproduced and displayed in public places throughout the United States. As the information enclosed describes, the shrine is 28' in length by 4' in height and the Exchange Club requested placement of the shrine on the lobby wall facing the elevator. The Art Advisory Committee does not recommend the display of the shrine in the lobby area. Mr. Don Kiselewski, Americanism Chairman of the Exchange Club of the Northern Palm Beaches, requested to bring the issue before the City Council to discuss the possibility of locating the shrine in the City Council Chambers. If approved, the Exchange Club would like to hold a dedication ceremony sometime in February in conjunction with Presidents day. If you need additional information, please let me know. BIL:bil 0 CITY OF PALM BEACH GARDENS t_ ]PARKS AND RECREATION _ City C_IOPk_ °S OfiiCO INTEROFFICE MEMORANDUM TO: Beth Ingold- Love, Assistant to City Manager FROM: Amy Stepper SUBJECT: "Freedom Shrine" Exhibit CC: Sue Miller, Director of Parks and Recreation David Porter, Task Force Committee Chairman Regarding permission to exhibit the "Freedom Shrine" Exhibit in City Hall, the Task Force Committee on Friday, December 15`, unanimously rejected the motion to display the work. Since the shrine has no city significance or any artistic value, it was the opinion of the committee that the exhibit would not be enhance the lobby. Therefore, they would not recommend such a display at this time. If you have any further question on this matter, do not hesitate to call me at 775 -8206. AS Jill • • CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS, FLORIDA 33410 -4689 November 27, 2000 Mr. David Porter Chairman, Art Advisory Committee 11 Kintyre Road Palm Beach Gardens, FL 33418 Dear David, I am enclosing for your review information on the "Freedom Shrine" from the Exchange Club of the Northern Palm Beaches. The Exchange Club is seeking permission to install the shrine in the lobby of the Municipal Complex. As the information enclosed describes, the shrine is 28' in length by 4' in height. The group has requested placement of the shrine on the lobby wall facing the elevator. I am requesting that the information be shared with committee members at the next meeting. If approved, the Exchange Club would like to hold a dedication ceremony sometime in February in conjunction with Presidents day. Following the Art Advisory Committee's recommendation, I will forward the information to the City Manager and City Council. If you have any questions, please call me at 799 -4132. Sincerely, Beth Ingold -Lo v Assistant to the City Manager BIL:bil cc: Ron Ferris, Interim City Manager Sue Miller, Parks and Recreation Director Amy Stepper, GardensArt Specialist 0 Exchange Club of the October 6, 2000 City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens Florida Attn.: Mayor Joe Russo Re: "Freedom Shrine" Dear Mayor Russo: Northern Talm Beaches RECEIVED MMANQER'S OFFICE .00T 10 2000 This letter will confirm our phone conversation in which I sought permission for the Exchange Club of the Northern Palm Beaches to install a "Freedom Shrine" in the new municipal complex. Enclosed is a brochure that describes the documents that outline the content of the shrine and its history. In all, the shrine that we will install has 28 of these historical documents and a dedication plaque from our club. I've enclosed its size and layout. As we discussed, I don't believe we could have it ready to install by the dedication of the Municipal Complex, later this month. We would like to shoot for a day in February, and somehow tie it into Presidents day. We'll arrange the PR for the dedication ceremony, possibly getting it into the newsletter and papers. We would appreciate if you could attend the dedication of the shrine, to accepting it behalf of the City. Please let me know who in the city I should work with in coordinating this effort. Sincerely, Donald L. Kiselewski Americanism Chairman P.O. BOX 14072 • NORTH PALM BEACH, FLORIDA 33408 (L- o 'a 41 b aj - (b • L -0 0 (a � N O dJ ti �c F- O 01 a L Ql o C C �+ C .� L C O U C .� 3 O 010 v u 0- «� -0` c a b E c E E P p c a� 3 '^ O m ° o O c 4v `�° c °Ova >°.� c 0" V c v o Q Y n c c v1 3 v� 4A ° '�, C R -S-0 H 7 M O C E Ql QJ t �� �` v `�- v U O 0 O c O U O vM � C ry c c >,� *j �u '° 8Rj v .b na � v L iE ti 3 v v" o al N v O Y c �+ ��• ��J` _< '° o. na �rl `° X .�` c u «� �• U v ti ° w u 4= O 0 v O O = X �, Vm• W Ln� Q i0 RJ cn 0 C Z .L 0- C 0 O v O `� w v 0 l7 \ C O -1 n L '� E rn v p y C O Q Q L 4 ! 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Military Trail Palm Beach Gardens, FL 33410 C cil Member a Council Member Furtado ouncil Member Sabate CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor /Council DATE: January 17, 2001 FROM: Ronald M. Ferris, Interim City Manager J SUBJECT: Resignation When hired on October 5, 2000, the City Council gave me six primary objectives to accomplish: 1. Run the day -to -day operation of the City. 2. Begin the healing process and improve employee morale. 3. Replace three key vacant Department Head positions. 4. Help find a search firm to recruit prospective City Manager candidates. 5. Assist in identifying professional facilitators that could work with the Council in special training needs, and 6. Examine the City's budget. Through the cooperation and efforts of too many people to mention, the professionalism of the day -to -day operation of the City's business has been improved. Most importantly, employee morale is getting better and we have made great strides in the healing process. One Department Head has been hired and an offer has been made on the other two positions. In addition, a search firm has been retained to find City Manager candidates. Training facilitator proposals have been received for Council's consideration and the Budget for Fiscal Year 2000 -2001 has been examined and recommendations for mid -year adjustments for Council's consideration are scheduled for February. It has been a great opportunity for me to test my management skills during my tenure as Interim Manager. I feel that I helped make a difference. I appreciate the help and cooperation that has been afforded to me from the Council, the employees, and the community. Without everyone's commitment to cooperate, we could not have come so far in such a short period of time. I have been offered a permanent professional employment opportunity that I feel I must pursue. Therefore, since my employment objectives have been accomplished, and for personal reasons, I hereby tenure my resignation for Council's consideration effective February 2, 2001. • i � 4 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: January 18, 2001 Meeting Date: January 18, 2001 Subject/Agenda Item — Consent Agenda Resolution 21, 2001 appointing Theresa LePore, Supervisor of Elections, as an additional member to the City's Canvassing Board to be present at the Logic and Accuracy Tests and to handle and canvass the absentee ballots for the March 13, 2001 Municipal Election. Recommendation /Motion: Adopt Resolution 21, 2001. Reviewed by: City Attorney Originating Dept.: City Clerk Costs: $ 0 (Total) Council Action: [ ] Approved Finance % $ 0 Current FY-C [ ] Approved w/ conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other N/A [ ] Operating Attachments: [ ] Not Required Affected parties [ ] Notified [ ] Other Budget Acct. #: [ ] None . Submitted by: C / C^ Depart ment Director Approved by: City Mana e 71 ] Not required BACKGROUI`VD. In accordance with Section 26 -2 of the City of Palm Beach Gardens Code of Ordinances, the City Clerk may "delegate any or all or the responsibilities for administering the election to the Supervisor" of Elections subject to approval of the City Council. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 21, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPOINTING THE SUPERVISOR OF ELECTIONS TO THE CITY'S CANVASSING BOARD AND AUTHORIZING THE SUPERVISOR OF ELECTIONS TO ACT ON THE CITY'S BEHALF; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 26 -2 of the City Code of Ordinances, the City Clerk is charged with overseeing City elections; and WHEREAS, subject to City Council approval, Section 26 -2 of the City Code authorizes the City Clerk to delegate any or all of the responsibility for administering the election to the Supervisor of Elections; and WHEREAS, the City has, in the past, delegated certain responsibilities to the Supervisor of Elections, including, but not limited to, those relating to the Logic and Accuracy Tests and absentee ballots; and WHEREAS, the City Council has determined the delegation of such functions to the Supervisor of Elections to be in the best interests of the citizens and residents of the City of Palm Beach Gardens, 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 of the City of Palm Beach Gardens, Florida, hereby appoints Theresa LePore, Supervisor of Elections for Palm Beach County, as a member of the City's canvassing board and authorizes the Supervisor of Elections to represent the City at all Logic and Accuracy Tests and to handle and canvass all absentee ballots. 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- t, SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK MAYOR JOSEPH R. RUSSO AYE NAY ABSENT IP2 OF F� Palm Beach County THERESA LePORE Supervisor of Elections P.B.C. GOVERNMENTAL CENTER 301 N. OLIVE AVENUE, ROOM 105 WEST PALM BEACH, FL 33401 -4795 TELEPHONE: (561) 355 -2650 FAX NUMBER: (561) 355 -4006 WEBSI TE: www.pboelections.org QUESTIONNAIRE PLEASE ANSWER THE FOLLOWING QUESTIONS AND RETURN THIS FORM AND A COPY OF THE ACTION TAKEN TO APPOINT THERESA LePORE TO YOUR MUNICIPAL CANVASSING BOARD BY JANUARY 29, 2001. For your upcoming Municipal Election, do you wish to have Theresa LePore represent your Municipal Canvassing Board, as an additional member of your Canvassing Board, at: 1. The Logic and Accuracy Test on the Friday morning before the election? YES NO 2. The Logic and Accuracy Test prior to the election on election night? YES NO 3. The Logic and Accuracy Test after the election on election night? YES NO Would you like Theresa LePore to: 4. Handle the absentee ballots for the election? YES NO 5. Canvass the absentee ballots for the election? YES NO Signature of Municipal Clerk Municipality Date PLEASE RETURN TO THE SUPERVISOR OF ELECTIONS BY JANUARY 29, 2001 Revised 01/05/2001 01/18/2001 13:25 �s 1- 561 - 775 -9117 SABATELLO COMPANIES PAGE 01/01 TO: Carol Gold, City Clerk FROM: Carl M_ Sabatello, Councilman DATE: January 18, 2001 RE: Appointees Planning and Zoning The following are my recommendation to the Council for the Planning and Zoning Commission: Recaular Members (7): John Glidden, Chairman Dennis Soloman, Vice Chairman Joel Channing Craig Kunkle, Jr. Barry Present Steven Tarr Dick Ansay Alternate Members (2): Emest Volonte David Kendall I discussed with Ron Ferris yesterday that a Resolution needs to be prepared to address the new and existing appointees. The expiration date of the existing appointees needs to be amended. Please call me and explain how we notify the appointees and how we thank those who have served and no longer are members of the Commission (Ted Rauch). RESOLUTION 19, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPOINTMENTS OF MEMBERS AND ALTERNATE MEMBERS TO THE PLANNING AND ZONING COMMISSION OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2 -157 of the Palm Beach Gardens Code of Ordinances provides for appointment of regular and alternate members to the Planning and Zoning Commission, and WHEREAS, the City Council hereby determines that the appointment of the persons named below to the Planning and Zoning Commission is in the best interests of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 2 -157 of the Palm Beach Gardens Code of Ordinances, the City Council of the City of Palm Beach Gardens hereby appoints the following members to the Planning and Zoning Commission: JOHN GIDDEN, CHAIRMAN DENNIS SOLOMAN, VICE CHAIRMAN JOEL CHANNING CRAIG KUNKLE, JR. BARRY PRESENT STEVEN TARR DICK ANSAY SECTION 2. Pursuant to Section 2 -157 of the Palm Beach Gardens Code of Ordinances, the City Council of the City of Palm Beach Gardens hereby appoints the following alternate member to the Planning and Zoning Commission ERNEST VOLONTE It : 1� ._ ►It :__ SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 18th DAY OF JANUARY 2001. MAYOR JOSEPH R. RUSSO ATTEST: Carol Gold, City Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO Approved as to Form and Legal Sufficiency AYE NAY ABSENT City Attorney 01/18/2801 13:25 TO FROM: DATE: RE: 1- 561 - 775 -9117 SABATELLO COMPANIES Carol Gold, City Clerk Carl M_ Sabatello, Councilman January 18, 2001 Appointees Planning and Zoning PAGE 01/01 The following are my recommendation to the Council for the Planning and Zoning Commission: Reqular Members (7): John Glidden, Chairman Dennis Soloman, Vice Chairman Joel Channing Craig Kunkle, Jr. Barry Present Steven Tarr Dick Ansay Alternate Members (2): Ernest Volonte David Kendall I discussed with Ron Ferris yesterday that a Resolution needs to be prepared to address the new and existing appointees. The expiration date of the existing appointees needs to be amended_ Please call me and explain how we notify the appointees and how we thank those who have served and no longer are members of the Commission (Ted Rauch). RESOLUTION 19, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPOINTMENTS OF MEMBERS AND ALTERNATE MEMBERS TO THE PLANNING AND ZONING COMMISSION OF THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2 -157 of the Palm Beach Gardens Code of Ordinances provides for appointment of regular and alternate members to the Planning and Zoning Commission, and WHEREAS, the City Council hereby determines that the appointment of the persons named below to the Planning and Zoning Commission is in the best interests of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 2 -157 of the Palm Beach Gardens Code of Ordinances, the City Council of the City of Palm Beach Gardens hereby appoints the following members to the Planning and Zoning Commission: JOHN GIDDEN, CHAIRMAN DENNIS SOLOMAN, VICE CHAIRMAN JOEL CHANNING CRAIG KUNKLE, JR. BARRY PRESENT STEVEN TARR DICK ANSAY SECTION 2. Pursuant to Section 2 -157 of the Palm Beach Gardens Code of Ordinances, the City Council of the City of Palm Beach Gardens hereby appoints the following alternate member to the Planning and Zoning Commission ERNEST VOLONTE DAVID KENDALL SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 18th DAY OF JANUARY 2001. MAYOR JOSEPH R. RUSSO ATTEST: Approved as to Form and Legal Sufficiency Carol Gold, City Clerk City Attorney VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO U m �U ao U N N LL Q U) 0 W3 O °C U V' v tea/ V w c� a a) E a z D� a D"k, N }; N V � a) Q U N V cb a r 4) m *' E +�+ N 0 C N � 0 c a c EOE E U c a a) °CEa r r 0 j L a) U m 0 M C r O r- � U = a °0� ' L 0 a) _ U a) N a U E a) 0) a) N CO 0 � a) E ro N �;c L CO a� ro o OL m E no 'C E +� E 0 0 U m �c d. o U N M LL a O z +, W aa) gCD O CC U IQ D a w 4' W �U � V v AC 4 C L- a. 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