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.
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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
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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.
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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�,�,,,,`.
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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:
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a. Burns Road Improvements - Capital Costs & Maintenance Costs 20 6800ko � 0
b. Freedom Shrine Exhibit.
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XII. ITEMS FOR DISCUSSION:
XIII. ITEMS & REPORTS BY MAYOR AND COUNCIL:
XIV. CITY ATTORNEY REPORT:
XV. ADJOURNMENT.
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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.
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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.
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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
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! 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.
PAPROJECTS\PBGMEMOW 139\4139h
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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.
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• CITY OF PALM BEACH GARDENS CITY COUNCIL
Agenda Cover Memorandum
Meeting Date: January 18, 2001
Date Prepared: January 4, 2001
•
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•
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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
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•
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 ------ --
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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
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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
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•
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
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45
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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
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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:
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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.
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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]
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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.
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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
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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.
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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
•
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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
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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
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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
•
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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
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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
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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
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•
(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
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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
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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
•
•
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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
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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
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City of Palm Beach Gardens
Council Agenda
LQ
�R�
Mayor Russo
ice Mayor Jab
January 18, 2001
Council Chambers
10500 N. 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
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