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Agenda Council Agenda 041901
0 City of Palm Beach wardens • Mayor Russo Council Agenda April 19, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Council Member Clark Council Member Furtado 0 Vice Mayor Jablin 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 APRIL 19, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Teamwork awards — Police Department b. Employee of the Year - Jay McKee C. Police Accreditation. V. ITEMS & REPORTS BY MAYOR AND COUNCIL; VI. CITY MANAGER REPORT; VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda - Please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. Consideration of approving Minutes from the March 12, 2001 City Council Workshop Meeting. b. Consideration of approving Minutes from the March 15, 2001 Regular City Council Meeting. • C. Resolution 55, 2001 - Gentle Ben Environmental Review. Consideration of approving an application from Palm Beach Acquisitions, LLC, requesting approval for removal of exotic vegetation on Parcels 18.A08, 18.A10, and 18.A11, also known as the "Gentle Ben Site," located at the southeast corner of PGA Boulevard and Bee Line Highway; providing for a condition of approval. d. Resolution 56, 2001 — Mirasol Master Signage Program. Consideration of approving a Master Signage Program for the Mirasol Planned Community Development (PCD) (fk.a. Golf Digest). e. Resolution 64, 2001 — Lease/Purchase Agreement. Consideration of authorizing the lease - finance of certain equipment through execution of a Master Lease - Purchase Agreement with Kislak National Bank; providing for the payment of the lease payments; making certain other covenants and agreements in connection therewith. f. Resolution 65, 2001 — Grant Agreement for Burns Road Improvements. Consideration of authorizing the Mayor and City Clerk to execute a County Incentive Grant Program Agreement with the Florida Department of Transportation and Palm Beach County. g. Resolution 66, 2001 — Concurrent Processing. Consideration of approving concurrent processing of applications submitted by Florida Power and Light Company for a text amendment to the Land Development Regulations to allow minor utility substations within the PGA Boulevard Corridor Overlay District and a Planned Unit Development Application for property located on the north side of PGA Boulevard approximately two miles west of Florida's Turnpike. IX. PUBLIC HEARINGS: a. Ordinance 8, 2001 — Prosperity Center Future Land Use Plan. Consideration of providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation on approximately seven - tenths of an acre of land located approximately two- tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road, from Palm Beach County Low Residential -3 to City of Palm Beach Gardens Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflict; and providing for an effective date. b. Ordinance 9, 2001 — Prosperity Center Addition Annexation. Consideration of annexing into the City approximately seven - tenths of an acre of land generally located two - tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road; revising the boundaries of the City to include said real property; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for severability; and providing for an effective date. C. Resolution 36, 2001 — Regional Center DRI and PCD. Consideration of amending Resolution 96, 1999, for the consolidated and amended development order for the Regional Center Development of Regional Impact and Planned Community District; providing for amendment of the Master Development Plan to designate an Oak Hammock Preserve of approximately eight acres, convert 151 hotel rooms to 213 residential units, combine all residential parcels located in the northeast portion of the DRI into a 104 acre unified parcel, reconfigure the water management tract, and reconfigure the alignment. of the internal roadways on the Kolter Property, providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., Northern Palm Beach County Improvement District, and the Grande At Palm Beach Gardens, Inc.; providing for repeal of Ordinances and Resolutions in conflict. (Continued from April 5, 2001) X. RESOLUTIONS: a. Resolution 50, 2001 — Kolter Site Plan. Consideration of approving an application from Kolter Properties and the Northern Palm Beach County Improvement District ( "Northern"), requesting a Site Plan Review within a Planned Community District (PCD) for approval of a multi - family residential community within the Regional Center Planned Community District located north of Gardens Parkway and west of Prosperity Farms Road; the 49.37 acre site will contain 358 residential units in Phase 1; and Phase 2, which proposes 637 units on 63.17 acres will be subject to a future petition. (Continued from April 5, 2001) b. Resolution 57, 2001 — Mirasol Clubhouse Phase One Consideration of providing for site plan approval of the Mirasol Clubhouse -Phase One, within the Mirasol Planned Community Development located on 2,304 acres at the northwest corner of Florida's Turnpike and PGA Boulevard, as more particularly described herein; providing for conditions of approval. • 0 XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 10, 2001— Legacy Place PCD Master Plan — Consideration of rezoning approximately 74.2 acres of land generally located southeast of the intersection of PGA Boulevard and Alternate AIA, as described herein; amending the City of Palm Beach Gardens official zoning map; approving a Master Plan of development for the Legacy Place Planned Community District; providing for conditions; providing for waivers. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. Proposed Underpass for Burns Road Widening Project. b. Team Building Facilitator. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than 5 days prior to the proceeding at telephone number (561) 799 -4120 for assistance, if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based • C-] IV. PRESENTATIONS: a. Teamwork awards — Police Department b. Employee of the Year - Jay McKee c. Police Accreditation. • • CITY OF PALM BEACH GARDENS CITY COUNCIL WORKSHOP MEETING March 12, 2001 The March 12, 2001, Workshop Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 12 :07 p.m. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida. ROLL CALL: The following elected officials were in attendance: Councilmember David Clark, and Councilmember Carl Sabatello. Mayor Joseph R. Russo, Vice Mayor Eric Jablin, and Councilmember Lauren Furtado were absent. CONSENT AGENDA: Councilmember Clark pointed out a name had been spelled wrong in the February 15, 2001 meeting minutes and that there was a misprint in the February 26, 2001 meeting minutes. Councilmember Clark requested information regarding the appointment of Kenneth Steele to the General Employees Retirement System Board of Trustees listed under Resolution 44, 2001 in the consent agenda. Staff provided background information on Mr. Steele. PUBLIC HEARINGS: Ordinance 2, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 74 of the Code of Ordinances of the City of Palm Beach Gardens entitled Utilities, by Creating a New Article IV, Sections 74 -71 through 74 -77, entitled "Water Shortage Regulations "; providing for severability; providing for conflicts; providing for codification; and providing for an effective date. Councilmember Clark noted he would confer with the proper staff member regarding a typographical error in the Ordinance. Ordinance 4, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Toll Brother's Development Company, Inc. for approval of a re- zoning to Planned Community Development Overlay Zoning with Underlying Zoning of RL -3 (Residential Low) to allow for a 434.14 Acre, 530 Dwelling Unit Residential Community which includes an 18 -hole golf course and a 4,000 square foot clubhouse facility located directly east of the intersection of Hood Road and Alternate Al A, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. Councilmember Clark indicated there had been two unresolved issues: the spine road sidewalk and the multi -use path for the Flamingo Road extension. Councilmember Sabatello noted the petitioner had been requesting setbacks for the whole community, which historically had not been done. Principal Planner Steve Cramer explained that the waivers for each pod were in the packet for City Council discussion but these waivers had been voted against by the Planning & Zoning Commission and were not supported by staff. City Manager Ferris indicated he would meet with staff and the Growth Management Director to discuss this matter before the City Council meeting. • Ul • 0 CITY COUNCIL WORKSHOP MEETING, 3/12/01 E Ordinance 36, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, providing for amendment of Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact and Planned Community District; providing for amendment of the master development plan to designate an eight -acre oak hammock preserve, convert 151 hotel rooms to 213 residential units (as depicted on Map H), combine all residential parcels located in the northeast portion of the DRI into a 104 -acre unified parcel, reconfigure the water management tract, and reconfigure the alignment of the internal roadways on the Kolter Property (as depicted on Map H); providing that the City Clerk shall transmit copies of this Resolution to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., Northern Palm Beach County Improvement District, and The Grande at Palm Beach Gardens, Inc.; providing for repeal of ordinances and resolutions in conflict; and providing for an effective date. Senior Planner Talal Benothman indicated the outstanding issues had not changed and that there was a meeting that afternoon to discuss the loop road alignment, which was proposed to be moved closer to the property line by the petitioner. Councilmember Clark requested a graphic indicating the proximity to Eisenhower School. Mr. Benothman explained that the size and location of the oak hammock had not been resolved. City Manager Ferris explained there had been ongoing meetings with the County regarding purchase of land, which would be discussed further at the afternoon meeting. Staff indicated this public hearing was to be continued to the April 5, 2001 meeting because the oak hammock had not yet been set. Councilmember Sabatello verified with staff that the City would continue their review based on what had been presented and would deal with changes as they happened in the future. RESOLUTIONS: Resolution 18, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending Resolution 25, 1987, to allow for the construction of an unmanned entry gate located between Avenue of the Masters and Governor's Court at the entrance to the Bristol Club within PGA National Resort Community, a Planned Community District; and providing for an effective date. The City Attorney indicated to Councilmember Sabatello that he should recuse himself from discussion of this matter since he owned a home in Bristol Club. Councilmember Clark questioned whether there was adequate stacking, to which staff responded there was 100' stacking. Resolution 42, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a miscellaneous application for a waiver to allow the configuration of the parking spaces to include grass and raised pavement beyond the curb for the Mirasol Sales Center located within the Golf Digest (Mirasol) Planned Community District, on the north side of the collector road within the southwest portion of the community approximately one - quarter mule from the east -west parkway western rotary, and as more particularly described herein; and providing for an effective date. Staff recommended denial because this petition was not in compliance with the LDR's and the City Engineer had a problem with the smaller size of the parking spaces. Staff was directed to contact the petitioner to see if 18 -1/2' spaces could be accommodated. Resolution 43, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending Resolution 42, 1994 to allow for the administrative building to remain within Ballenlsles Parcel 28, which includes the clubhouse, tennis and fitness facility, and east maintenance facility, located within the BallenIsles Planned Community Development,on the east side of Ballenlsles CITY COUNCIL WORKSHOP MEETING, 3/12/01 3 Drive approximately 1/2 mile south of the intersection of BallenIsles Drive and PGA Boulevard; providing for conflicts, providing for an effective date. Staff clarified that the homeowners association that would own the building had granted approval. Councilmember Sabatello questioned whether all the permanent conditions had been satisfied, to which staff responded a site plan amendment had been done in 1999 for the overall parcel 28 which included the administration building in a permanent location. Representation from the homeowners association rather than the developer association was requested for the City Council meeting. Councilmember Clark indicated he wanted assurance that the building was in good condition. ORDINANCES: Ordinance 5, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to Ordinance 26, 2000, same being the Budget Ordinance of the City of Palm Beach Gardens for the Fiscal Year beginning October 1, 2000, and ending September 30, 2001, inclusive; providing for the repeal of ordinances in conflict herewith; providing for severability; and providing for an effective date. Staff clarified that minor revisions were to fully fund the grant writer and reinstate the previously cut amounts for the lobbyist through September 30, which would mean a change of approximately $53,000; and that the overall budget reduction was still at approximately $2 million. Ordinance 6, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Marathon- Ashland Petroleum Corporation for a re- zoning of a .8 acre parcel of land from CG -1 General Commercial with a Planned Unit Development Overlay Zoning District for the purpose of demolishing an existing 2,177 square foot building and constructing a new 2,337 square -foot convenience store with gasoline sales, located at the southeast corner of PGA Boulevard and Prosperity Farms Road; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. Staff explained the signage issues were not to relocate the ground sign into a non - conforming location, which staff did not support Staff had worked with the applicant to both reduce the number and size of wall signs, and to move wall signs; and therefore supported the wall sign waivers. Glare from lighting at another service station was discussed and staff was requested to consider that for each such application in the future. ADJOURNMENT: There being no further business to discuss, the meeting was adjourned at 12:45 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO 0 COUNCILMAN DAVID CLARK 0 CITY COUNCIL WORKSHOP MEETING, 3/12/01 4 ATTEST: CAROL GOLD CITY CLERK • • COUNCILWOMAN LAUREN FURTADO 1-1 CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING March 15, 2001 The March 15, 2001 meeting of the Palm Beach Gardens Canvassing Board 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. The City Attorney explained that the Canvassing Board was made up of the three Council members whose seats had not been up for election, Vice Mayor Jablin, Councilmember Furtado, and Councilmember Clark. Councilmember Clark made a motion to certify the results of the municipal election held on March 13, 2001. Motion was seconded by Councilmember Furtado and carried by unanimous 3 -0 vote. Councilmember Furtado made a motion to adjourn the Canvassing Board. Motion was seconded by Vice Mayor Jablin and carried by unanimous 3 -0 vote. The March 15, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember David Clark, Councilmember Lauren Furtado, and Councilmember Carl Sabatello. A moment of silence was observed for a resident of the City who had passed away, Nory Rogen, who had been a reporter for the Palm Beach Post. ELECTION: Resolution 39, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, declaring the results of the general election held on March 13, 2001, in and for said City; and, providing for an effective date. Councilmember Furtado made a motion to approve Resolution 39, 2001. Councilmember Clark seconded the motion, which carried by unanimous 5 -0 vote. ADNIINISTRATION OF OATHS OF OFFICE: The City Clerk conducted the swearing in of Joseph R. Russo and Carl M. Sabatello. REORGANIZATION: Appointment of Temporary Chairman to Elect Mayor and Vice Mayor - Councilmember Furtado made a motion to appoint Councilmember Clark as Temporary Chairman. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. Appointment of Mayor and Vice Mayor Councilmember Furtado nominated Carl Sabatello as Mayor for the ensuing year. Motion died for lack of a second. Vice Mayor Jablin nominated Joseph R. Russo as Mayor for the ensuing year. Councilmember Sabatello seconded the motion, which carried by unanimous 5 -0 vote. Councilmember Sabatello nominated Eric Jablin as Vice Mayor for the ensuing year. Councilmember Furtado seconded the motion, which carried by unanimous 5 -0 vote. Appointment of a Chairman Pro - Tempore in Absence of both Mayor and Vice Mayor a Councilmember Furtado nominated Carl Sabatello as Chair Pro - Tempore for the ensuing year. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. Resolution 40, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, Providing for Appointment of the Mayor, Vice Mayor and Mayor Pro - Tempore for the City Until Their Successors Have Been Appointed and Qualified; and Providing for an Effective Date. Councilmember Furtado made a motion to approve Resolution 40, 2001 subject to insertion of names. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ANNOUNCEMENTS: Mayor Russo thanked the voters of the City for their support, acknowledged that the residents wanted to be included in decisions, and recommended a quarterly meeting with the business community to improve communication. PRESENTATIONS: FDOT Construction Schedule - Thomas Driscoll, FDOT Resident Engineer in charge of Palm Beach County projects, discussed the PGA Bridge construction schedule, reported the scheduled bridge closing was from July 19 to August 6, 2001, with lane closures throughout the project. Mr. Driscoll reported this would be the final rehabilitation until the actual moveable portion of the bridge needed to be replaced, possibly in about ten years, and that the repairs must be done while the bridge was in the open position. The City Manager noted that Mr. Driscoll had been invited to provide this presentation to inform businesses in order to plan their summer schedules to reduce the impact. Donation of Van - Police Chief FitzGerald expressed gratitude to the residents of Frenchman's Creek, who had presented a 15- passenger van to the City for the Police Athletic League. Beth Ingold Love - Mayor Russo recognized Beth Ingold Love for her excellent job and wished her good luck in her new endeavor. ITEMS & REPORTS BY MAYOR AND COUNCIL: Councilmember Furtado reported the MPO would be forwarding a sample resolution to area municipalities in opposition of the State Statute regarding the bullet train, since, if that train were approved the cities would lose 18% in funding for other projects. Councilmember Furtado recommended providing realistic speed limits, as discussed in a municipal speed limit study. Councilmember Furtado reported the Annual Juvenile Justice Retreat had been held and that from now on parental accountability would play a part in all Juvenile Justice Counseling Board decisions. Mayor Russo reported the Recreation Task Force would be a sub - committee of the Recreation Liaison Advisory Board and volunteered to serve on that board. Mayor Russo indicated there was a funding issue and that a recreation needs assessment could be done and then a bond issue considered. Councilmember Furtado suggested tables and benches in the old Tanglewood Park area. COMMENTS FROM THE PUBLIC: Roger B1angy, 11658 Hemlock Drive, extended congratulations to the re- elected members of the City Council, expressed the viewpoint of Garden Woods residents that the proposed railroad crossing would be very dangerous, and urged relocation of the crossing. Mayor Russo requested staff report results of the County's study to Mr. Blangy when it was received, and recommended the Quiet Zone effort be continued. Vice Mayor Jablin reported a packet of documentation would be forwarded this week and when results were received back another meeting of the Quiet Zone Task Force would be scheduled. Joan Elias, 1009 Diamond Head Way, President of CAN, commended Beth Ingold Love for her public information work. CITY COUNCIL REGULAR MEETING, 3/15/01 3 Linda Hughey, Reed Drive, recalled past comments by Councilmember Clark that all members should share the positions of Mayor and Vice Mayor. Richard Orman, 4203 Oak Street, congratulated the Mayor and Councilmember Sabatello on their re- election, and echoed the comments of Joan Elias regarding the work done by Beth Ingold Love. Mr. Orman disagreed with the $30 million line of credit established for projects, some of which he indicated were unknown, and commented that was not working closely with the people. Mayor Russo indicated that meetings had been held and input received from residents regarding Burns Road improvements. Mr. Orman expressed his opinion that the people should have had an opportunity to say whether they wanted to spend $4 million on beautifying the flyover, since that was not everyday business. Mr. Orman expressed his opinion regarding tax increment financing to pay the City's share of the flyover was the pledge of ad valorem taxes to a bond issue without authorization by general law or special law, and as he read the law, a tax increment financing trust could not be created without establishing a Community Redevelopment Agency. Mayor Russo indicated he would meet with Mr. Orman the following week to discuss this matter. The City Attorney indicated that the consultant, Mr. Nickerson, could also be enlisted to explain this issue to the public. CONSENT AGENDA: Councilman Clark moved approval of the Consent Agenda. Vice Mayor Jablin seconded the motion, which was approved by unanimous 5 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the February 1, 2001 City Council Regular City Council Meeting. 2. Consideration of approving Minutes from the February 12, 2001 City Council Workshop Meeting. 3. Consideration of approving Minutes from the February 15, 2001 City Council Regular City Council Meeting. 4. Consideration of approving Minutes from the February 26, 2001 City Council Workshop Meeting. 5. Resolution 28, 2001 - Mirasol Landscape Buffer and Parkway Plans. Consideration of approving the perimeter landscape buffers, North -South Parkway landscape buffers, pump house elevations, and lighting plans for the Mirasol Planned Community Development. 6. Resolution 44, 2001 - General Employees' Pension Plan. Consideration of appointing Kenneth Steele to the General Employees Retirement System Board of Trustees. 7. Resolution 45, 2001 - EMS Grant Funding. Consideration of authorizing an application requesting a portion of the Palm Beach County Emergency Medical Services Surcharge Award Program Funds to which the City is entitled. 8. Resolution 46, 2001 - Art Consulting Services Agreement. Consideration of repealing Resolution 2, 2001 and authorizing the execution of an Art Consulting Services Agreement with Joel Straus Consulting. PUBLIC HEARINGS: Ordinance 2, 2001 - Mayor Russo declared the Public Hearing open, held on the intent of Ordinance 2, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Chapter 74 of the Code of Ordinances of the City of Palm Beach Gardens entitled Utilities, by Creating a New Article IV, Sections 74 -71 through 74 -77, entitled. "Water Shortage Regulations "; 0 CITY COUNCIL REGULAR MEETING, 3/15/01 4 providing for severability; providing for conflicts; providing for codification; and providing for an effective date. Growth Management Director Charles Wu indicated a typographical error was corrected and was given to the City Clerk. Hearing no comments from the public, Mayor Russo declared the Public Hearing closed. Councilman Clark made a motion to approve Ordinance 2, 2001 on Second Reading by title only. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 2, 2001 on Second Reading by title only. Code Enforcement Administrator Kelvin Wise reported South Florida Water Management District had placed the City into Phase 3 water restrictions and residents would be allowed to water only once a week. Mr. Wise discussed proposed conservation methods, indicated there would be strict enforcement, commended residents who were complying, and indicated the City was complying with the restrictions. Ordinance 4, 2001 - Mayor Russo declared the Public Hearing open, held on the intent of Ordinance 4, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Toll Brother's Development Company, Inc. for approval of a re- zoning to Planned Community Development Overlay Zoning with Underlying Zoning of RL -3 (Residential Low) to allow for a 434.14 Acre, 530 Dwelling Unit Residential Community which includes an. 18-hole golf course and a 4,000 square foot clubhouse facility located directly east of the intersection of Hood Road and Alternate AIA, as more particularly described herein; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. Senior Planner Edward Tombari answered questions from the City Council. Attorney'Ray Royce, representative for the petitioner, spoke on behalf of the petitioner. Fred Barlow, Frenchman's Creek resident, Co- Chairman of an Ad Hoc Committee for residents affected by the Flamingo Road/Hood Road realignment, indicated an agreement had been signed with Toll Brothers regarding the road and the residents had found Toll Brothers very cooperative and helpful during negotiations. Mr. Barlow indicated the City had reduced the preserve area dimensions in some areas because of the meandering sidewalk, without consulting the residents as they had promised. Bob Benz,. representing the petitioner, reviewed the proposed roadway buffer. Mr. Barlow discussed the size of the buffer, and the fact that if the pathway did not meander, some preserve could be gained. Staff noted that a meandering sidewalk was a Code requirement. Petitioner agreed to meander the walk to accommodate trees. Petitioner objected to paying for a traffic signal at Prosperity Farms and Flamingo Road, since $3,200,000 had already been provided by Toll Brothers over and above the normal fees, and requested condition 46 be deleted. Mr. Wu proposed full payment up front from Toll Brothers with future reimbursement to Toll Brothers from City funds collected from other developments for their pro rata share. It was agreed to change condition 46 and to change condition 38 to read: 37 above; and add wording to the effect that Toll Brothers shall pay the full cost of the signal and will be reimbursed by the City to the extent that the City collects pro rata portions of such from future developers. Staff supported approval of all requested waivers, which were not incorporated into the Ordinance. Resident Sandy Moore suggested the light be a yellow flashing light until traffic warranted a stop light. Mayor Russo explained the County determined the need, and it would not work until it was needed. Barney Post, Community Manager for Frenchman's Creek, stated he wanted to clarify for the record that Frenchman's creek believed that up until a week ago SFWMD did not know about the drainage 0 CITY COUNCIL REGULAR MEETING, 3/15/01 5 problems at Frenchman's Creek when the drainage plan for Toll Brothers had been created. Mr. Post explained that Frenchman's Creek and Toll Brothers were working to resolve the problem and their agreement was that no building permits would be issued, including construction of a surface water management system and the roadways within the development, until such an agreement was reached. Deborah Pate, resident of Cabana Colony, reported she had been told by the County that improvements to the canal would be made in conjunction with this project. The City Engineer explained there were no improvements planned now. Another resident recalled Frenchman's Creek's agreement with the Sanctuary, which was to keep a 50 -foot buffer of uncut trees which did not happen; and requested the City closely monitor this preserve area. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. The City Attorney read into the record the following three changes to the Ordinance: (1) The following sentence was to be added to the end of condition 38: The developer shall pay the cost of the traffic signal, and the City shall reimburse the developer to the extent that the City collects funds pro rata from other new developments having an impact on the intersection. (2) The following condition would be added: The applicant shall work with Frenchman's Creek Property Owners Association to resolve the issues discussed in the letter dated March 14, 2001, from Frenchman's Creek to the City's Growth Management Department. The resolution of the issues shall include a plan of improvements, schedule of completion, and a monitoring schedule after completion. The plan as scheduled shall be submitted for review and approved by the Ciry Engineer prior to the issuance of the first building permit which includes the construction of the surface water management system and roadway, excluding the sales trailer /temporary information center. (3) Incorporation of the waiver chart as Exhibit `B" to the Ordinance. Councilman Sabatello requested discussion in the waiver section be modified to read approval. Councilman Clark noted that the language regarding the drainage issue would fit as a second paragraph to condition 55. Councilman Clark recommended in addition to attaching the waiver chart as Exhibit `B" in Section 3, a second paragraph be added to read: The waivers set forth in the chart, and the only other change was to correct the reference to condition 38 to read condition 37 above. Councilman Clark made a motion to approve Ordinance 4, 2001 on Second Reading by title only with the amendments as read into the record by the City Attorney. Vice Mayor 7ablin seconded the motion, which carried by unanimous 5 -0 vote. The City Clerk read Ordinance 4, 2001 on Second Reading by title only. Resolution 36, 2001 - Mayor Russo declared the Public Hearing open, held on the intent of Ordinance 36, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, providing for amendment of Resolution 96, 1999, the Consolidated and Amended Development Order for the Regional Center Development of Regional Impact and Planned Community District; providing for amendment of the master development plan to designate an eight -acre oak hammock preserve, convert 151 hotel rooms to 213 residential units (as depicted on Map H), combine all residential parcels located in the northeast portion of the DRI into a 104 -acre unified parcel, reconfigure the water management tract, and reconfigure the alignment of the internal roadways on the Kolter Property (as depicted on Map H); providing that the City Clerk shall transmit copies of this Resolution to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., Northern Palm Beach County Improvement District, and The Grande at Palm Beach Gardens, Inc.; providing for CITY COUNCIL REGULAR MEETING, 3/15/01 6 repeal of ordinances and resolutions in conflict; and providing for an effective date. Growth Management Director Wu reported that through the work of Vice Mayor Jablin and Commissioner Marcus the concerns discussed at the previous meeting had hopefully been resolved and revised site plans had not yet been received, which was why staff wished to continue this public hearing to April 5, 2001. Jack Merriam was called on to speak but was not present. Jim Jesteodt, 2590 Edgewater Drive, spoke on behalf of the residents and neighbors of West Edgewater Drive, thanked Vice Mayor Jablin and Commissioner Marcus for their efforts, and invited the City Council and Growth Management Staff to call on any of the residents of West Edgewater Drive to walk the site, and provided a list of names and phone numbers for contact to the City Clerk. Mr. Jesteodt provided graphics to the City Clerk for review by the City Council to help them in their decision. Councilmember Furtado made a motion to continue Resolution 36, 2001 to the meeting of April 5, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. RESOLUTIONS: Resolution 18, 2001- A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending Resolution 25, 1987, to allow for the construction of an unmanned entry gate located between Avenue of the Masters and Governor's Court at the entrance to the Bristol Club within PGA National Resort Community, a Planned Community District; and providing for an effective date. Councilmember Sabatello recused himself from participation in this request because of conflict of interest since he owned a house in Bristol Club. Senior Planner Edward Tombari presented the request. Councilman Clark made a motion to approve Resolution 18, 2001. Vice Mayor Jablin seconded the motion. A resident of PGA National expressed his opinion that segregating communities within PGA National was not in keeping with the original concept which he suggested should be preserved. Councilmember Clark recognized the comments had merit, and suggested cameras be installed along with the gates. The motion carried by unanimous 5 -0 vote. Resolution 42, 2001 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a miscellaneous application for a waiver to allow the configuration of the parking spaces to include grass and raised pavement beyond the curb for the Mirasol Sales Center located within the Golf Digest (Mirasol) Planned Community District, on the north side of the collector road within the southwest portion of the community approximately one - quarter mile from the east -west parkway western rotary, and as more particularly described herein; and providing for an effective date. Senior Planner Edward Tombari presented the request and answered questions from the City Council. Ann Booth, Urban Design Studio, agent for the petitioner, explained the requested waiver. Staff reviewed their concerns. Councilman Clark moved approval of Resolution 42, 2001 with the following amendments: In the third "Whereas" on page one, change the words 16- foot paved parking spaces to 17 foot paved parking spaces; make the same change in the second line on page two in Section one; and in Section 3 where there is a reference to site plan SP -1 dated June 1, 2000 add the following phrase at the end: modified to reflect a 17 foot parking space. Motion was seconded by Vice Mayor Jablin and carried by unanimous 5 -0 vote. Resolution 43, 200"1 - A Resolution of the City Council of the City of Palm Beach Gardens, Florida, amending Resolution 42, 1994 to allow for the administrative building to remain within Ballenlsles Parcel 28, which includes the clubhouse, tennis and fitness facility, and east maintenance facility, Slocated within the Ballenlsles Planned Community Development on the east side of Ballenlsles 0 CITY COUNCIL REGULAR MEETING, 3/15/01 7 Drive approximately 1/2 mile south of the intersection of BallenIsles Drive and PGA Boulevard; providing for conflicts, providing for an effective date. Growth Management Director Charles Wu indicated the building had been inspected by staff and found in good condition, and the Country Club and Homeowners Association had provided written documentation that they had approved the request as proposed. Senior Planner Edward Tombari presented the project. Roy Davidson, representative for the developer, explained the status of the ownership structure within the PCD and the representatives working toward turning over control of the homeowners association to the residents. Richard Mendelson, a member of the Board of Directors of the Country Club and a member of the Board of Directors of the Concerned Homeowners Association, stated there were no objections to this proposal. Councilman Clark moved approval of Resolution 43, 2001. Vice Mayor Jablin seconded the motion, which carried by unanimous 5 -0 vote. ORDINANCES: Ordinance 5, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to Ordinance 26, 2000, same being the Budget Ordinance of the City of Palm Beach Gardens for the Fiscal Year beginning October 1, 2000, and ending September 30, 2001, inclusive; providing for the repeal of ordinances in conflict herewith; providing for severability; and providing for an effective date. Finance Director Kent Olson reviewed the proposed reductions, which would save approximately $2,000,000. Councilman Clark moved that Ordinance 5, 2001 be placed on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by 5 -0 vote. The City Clerk read Ordinance 5, 2001 by title only on First Reading. Ordinance 6, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from Marathon- Ashland Petroleum Corporation for a re- zoning of a .8 acre parcel of land from CG -1 General Commercial with a Planned Unit Development Overlay Zoning District for the purpose of demolishing an existing 2,177 square foot building and constructing a new 2,337 square -foot convenience store with gasoline sales, located at the southeast corner of PGA Boulevard and Prosperity Farms Road; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. Senior Planner Edward Tombari reviewed the project and the requested waivers. Bob Basehart, agent for the petitioner, reviewed the request on behalf of the applicant. The City Council requested that the ground sign be moved back 1 -1/2 feet which would be changed before consideration of Second Reading. Councilman Clark moved that Ordinance 6, 2001 be placed on First Reading by title only. Vice Mayor Jablin seconded the motion, which carried by 5 -0 vote. The City Clerk read Ordinance 6, 2001 by title only on First Reading. Appointment of Council Liaisons to Advisory Boards /Committees /Organizations - The following additions to the chart provided in the handout were made: Councilmember Lauren Furtado Liaison to the Traffic Planning Forum; Mayor Russo as Liaison to Recreation Advisory Board; Ron Ferris as Liaison to the Municipal League; Carl Sabatello as Liaison to Seacoast Utilities Board, Councilmember Clark as Liaison to Intergovernmental Issues Forum; the Loxahatchee River Coordinating Committee and the Loxahatchee Council of Governments; Mayor Russo as Liaison to North County Mayor's Summit; and Vice Mayor Jablin as Liaison to the Quiet Zone Task Force. 0 CITY COUNCIL REGULAR MEETING, 3/15/01 8 CITY ATTORNEY REPORT: City Attorney Len Rubin provided an update on the Seacoast Voting Share issue, explaining that an impasse had been reached regarding interpretation of certain provisions. The City took a very literal interpretation of the intergovernmental agreement, with their main thrust being that 51% of the total weighted vote was needed to take any agency action; with which the other members of the Seacoast Board did not agree. The City Attorney reported that rules would probably be adopted at the next meeting. Legal issues would need to be worked out by seeking a declaratory judgement action before a judge. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Vice Mayor Jablin, carried 5 -0, the meeting was adjourned at 11: 00 p.m. :i9.OINM • ATTEST: CAROL GOLD CITY CLERK • MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO 10 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 19, 2001 Date Prepared: April 2, 2001 • • SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 55, 2001, a request to remove all exotic vegetation on Parcels 18.A08, 18.A10 and 18.A11, also known as the Gentle Ben site. These parcels are bounded by PGA Boulevard to the north, Bee Line Highway to the west and the Loxahatchee Slough on the east. The applicant, Palm Beach Acquisitions, LLC, is proposing no new construction. RECOMMENDATION Staff recommends approval of Resolution 55, 2001, which contains conditions of approval. . Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Mean gement [ ] Approved Finance NA /'«``• $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ]Continued to: Attachments: Date: [ ] Operating Paper: [ ] Other • Resolution 55, 2001 Resolution 125, [X] Not Required 1995 Map S fitted by: rowth Ma nag ent Affected parties Budget Acct. #:: Director ] Notified [ ] None Appro City nag [X] Not required • City Council Meeting Date: April 19, 2001 Date Prepared: April 2, 2001 Petition MISC -01 -03 REQUEST Palm Beach Acquisitions, LLC is requesting to remove all exotic vegetation on Parcels 18.A08, 18.A10 and 18.A11. No change to zoning or land use is being requested. The removal will include cleaning out drainage ditches and opening up fire access roads. Once the exotic plants are removed, portions of the property will be seeded with grass to provide for improved cattle grazing and private recreation. The site is bounded by PGA Boulevard to the north, Bee Line Highway to the west, the Loxahatchee Slough to the east (7 -42S -42E). BACKGROUND The Gentle Ben site, which is made up of Parcels 18.A08, 18'A10 and 18.A11, is 334.6 acres in size. There is no development surrounding this site. Across PGA Boulevard to the north, Mr. John C. Bills owns approximately 257 acres bordering PGA Boulevard and Bee Line Highway, which is surrounded by Loxahatchee Slough conservation lands. To the east is more of the Loxahatchee Slough, and to the southwest is the West Palm Beach Water Catchment Area. In the past, this site has supported agricultural uses such as cattle grazing. Historically, the site was once the filming location for the TV program called "Gentle Ben." The MacArthur Foundation developed a portion of this site for private outdoor recreation with activities such as water skiing, swimming, picnicking, hunting, fishing, and camping. There are no restroom facilities or septic tanks located on site. There are wells on site. On December 21, 1995, City Council passed Resolution 125, 1995, which approved existing and proposed agricultural uses on properties owned by John D. and Catherine T. MacArthur Foundation. The associated documents indicate that Parcel 18 had been cleared, and included trailers, sheds, and agricultural leases for grazing. Proposed uses at the time included apiary and nursery facilities. Resolution 125, 1995 has four applicable conditions, which are as follows: Condition 1. The conditional use for agricultural uses and the existing structures and the condition of the subject parcels, as outlined on Tables #1 and #2 attached hereto, are allowed for a ten year period, with a review and consideration of renewal by the City Council every two years thereafter, provided an application is submitted prior to the extension, as appropriate. Any expansion of existing structures, and uses, or a change of use, shall require approval pursuant to the City's Land Development Regulations. 0- 2 City Council Meeting Date: April 19, 2001 Date Prepared: April 2, 2001 Petition MISC -01 -03 Condition 2. On the transfer of ownership of any parcel for conservation purposes, the conditional use shall expire for said parcel. Condition 3. There shall be no clearing of parcels for any structures or improvements or expanded agricultural activities associated with the approved agricultural uses unless approved pursuant to the City's Land Development Regulations. Condition 5. No vegetation shall be removed within 20 feet of any property line other than exotic species and for ingress /egress purposes for any new row crop or nursery operations. LAND USE & ZONING The subject site is zoned Planned Development Area and has future land -use designations of Commercial and Industrial, and is listed as Commerce and Trade on the Vision Plan. The site has an agricultural conditional use approval for grazing. CONCURRENCY Petition MISC -01 -03 does not require concurrency certification. PROJECT DETAILS Site Access: Access is existing off of Bee Line Highway. Project Operations: Exotic species removal and control has already begun by using mechanical equipment to push the vegetation into piles and burning the piles. The property owner has a burning permit, but burning presently is restricted countywide due to the drought conditions. Once the exotics have been removed and the drainage system cleaned out, portions of the property will be graded and seeded with Bahia and Rye. The grass will be maintained at a 3 to 4 inch height by mowing with tractors and rotary mowers. STAFF COMMENTS Planning & Zoning Division: The City Forester has no adverse comments. This site has environmentally significant lands within its boundaries; however, the request to remove exotic vegetation to improve previously cleared property for pasture does not trigger compliance with the environmental code. The proposed work will benefit the environment by eradicating prohibited plant species in a large area, which is adjacent to 3 City Council Meeting Date: April 19, 2001 Date Prepared: April 2, 2001 Petition MISC -01 -03 conservation lands. The free range grazing of a small amount of cattle should not adversely affect the uplands and wetlands. Effects of special or charitable events would be handled on a case by case basis and require a City special event permit. Section 146 of the Landscaping Division of the City Code requires persons that do not have site plan approval and who desire to clear vegetation or alter previously cleared land, or expand a permitted use, shall request approval from City Council. The Growth Management Department has reviewed the request and has determined that the exotic vegetation removal to improve pasture land and private recreation is consistent with the Land Development Regulations. The conditions of approval under Resolution 125, 1995 should run with the land and continue to be applicable with this petition. No objections have been received from the City Engineer or Fire Department. RECOMMENDATION Staff recommends approval of petition MISC -01 -03 with one condition of approval: Is 1. Conditions 1, 2, 3 and 5 of Resolution 125, 1995 will remain in effect for Parcels 18.A08, 18.A10 and 18.A11. • RESOLUTION 55, 2001 April 3, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM PALM BEACH ACQUISITIONS, LLC REQUESTING APPROVAL FOR REMOVAL OF EXOTIC VEGETATION ON PARCELS 18.A08, 18A10 AND 18.A11, ALSO KNOWN AS THE "GENTLE BEN SITE," LOCATED AT THE SOUTHEAST CORNER OF PGA BOULEVARD AND BEE LINE HIGHWAY, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR A CONDITION OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Palm Beach Acquisitions, LLC requesting approval for the removal of exotic vegetation located at the southeast corner of PGA Boulevard and Bee Line Highway, and more particularly described in Exhibit "A" attached hereto; and WHEREAS, the 334.6 -acre site is currently zoned Planned Development Area (PDA), and has future land use designations of Commercial (C) and Industrial (1); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the application. 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 the removal of exotic vegetation at the southeast corner of PGA Boulevard and Bee Line Highway, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the exotic removal work. is Resolution 55, 2001 Meeting Date: April 19, 2001 Date Prepared: April 3, 2001 Petition MISC -01 -03 SECTION 2. Said approved is subject to the following condition, which shall be the responsibility of the applicant, its successors or assigns: 1. Conditions 1, 2, 3 and 5 of Resolution 125, 1995 will remain in effect for Parcels 18.A08, 18.A10 and 18.A11. SECTION 3. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO ! ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER CLARK COUNCILMEMBER FURTADO COUNCILMEMBER SABATELLO G /short: Mics0103.res /mih 2 ABSENT EXHIBIT "A-- A <.,IN LE ? ° _ :.r.. ® -- \\ \...►►►palms. +il+ ^� M..i. co C D.. P: '�� oa co t^ c ! j v. CM Lo CD CM :.,�. Q cc M � '� .�.. may.,; •. in Cl) Oar y... cc Cc CZ CIO Lu t Q� co C; r Ca'1al C_18 .= o o QO cm a Y T ti ca O et to O Q Z cc; N _O 4 0o 00 _0 C.i Ch r co }� ." O ►� Q r ' co w. Y. �. ..,N :... �. I I A 0 RESOLUTION 125, 1995 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING A CONDITIONAL USE FOR EXISTING AND PROPOSED AGRICULTURAL USES ON PROPERTIES OWNED BY THE JOHN D. AND CATHERINE T. MACARTHUR FOUNDATION, WITHIN THE CITY OF PALM BEACH GARDENS. WHEREAS, the City has received a petition from the John D. and Catherine T. MacArthur Foundation, seeking the assignment of a conditional use of agricultural for that land which is owned by the John D. and Catherine T. MacArthur Foundation, which is identified in the petition and located in the City; and WHEREAS, the City Planning and Zoning Staff has determined that such lands which are located within the corporate limits of the City of Palm Beach Gardens are engaged in bona fide agricultural uses; and WHEREAS, the approval of a conditional use of agricultural for all said lands would be consistent with the City's Comprehensive Plan. 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 conditional use of agricultural properties owned by the John D. and Catherine T. MacArthur Foundation, within the City of Palm Beach Gardens, Florida, as presented in Table 1 attached hereto and incorporated herein. SECTION 2. Said approval is based on the following conditions: • 1. The conditional use for agricultural uses and the existing structures and the condition of the subject parcels, as outlined on Tables 11 and 12 attached hereto, are allowed for a ten year period, with a review and consideration of renewal by the City Council every two years thereafter, provided an application is submitted prior to the expiration of of the original ten years or two year time extension, as appropriate. Any expansion of existing structures and uses, or a change of use, shall require approval pursuant to the City's Land Development Regulations. 2. On the transfer of ownership of any Parcel for conservation purposes, this conditional use shall expire for said parcel. 3. There shall be no clearing of parcels for any structures or improvements or expanded agricultural activities associated with the approved agricultural uses unless approved pursuant to the City's Land Development Regulations. 4. The sand berm along the canal on Parcel 29 adjacent to Cabana Colony shall be seeded within thirty days of said conditional use approval and shall remain in good condition for the duration of the conditional use. The cattle shall be restricted from this area until the City Staff has verified that the seed has taken. 5. No vegetation shall be removed within 20 feet of any property line other than exotic species and for ingress/ egress purposes for any new row crop or nursery operations. SECTION 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS �L OF , 1995. - ,*§EPH R. RUSSO, MAYOR ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY: 124 VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK AYE NAY APPROVED AS TO LEGAL FORM AND SUFFI CY. —7 n � 4N6MAS J. BAIRB'5 TY TT6RNEY ABSENT • • • s .1 t� 0 TABLE 1 ACREAGE AND PROPOSED AGRICULTURAL USES PARCEL ACREAGE PROPOSED USES PARCEL 18 A /A1 ! .l1t RV� 18(1) 580.82 1,067.00 GRAZING*, APIARY, NURSERY 18(2) 04(1) 3,199.60 GRAZING*, APIARY, NURSERY 18(3) GRAZING, NOW CROPS* 1,366.06 GRAZING*, APIARY, NURSERY - 18(4) 13T.08 329.58 GRAZING *, APIARY, NURSERY TOTAL - 6,158.24 PARCEL 30 30 0) 32.SB GRAZING*, MRSERY, ROW CROPS* 30(2) 1,524.65 GRAZING*, NURSERY*- RCM CROWS* 30(3) 39.24 GRAZING, NURSERY*, ROM CROPS TOTAL 1,534.47 . PARCEL 31 582.SO GRAZING*, NURSERY, ROW CROPS PARCEL 16 330.20 GRAZING*, NURSERY, ROM CROPS, APIARY* PARCEL 07 51.46 APIARY*, NURSERY, GRAZING PARCEL 28 98.22 APIjARY*, GRAZING PARCEL 29 29(1) 423.08 GRAZING* A /A1 ! .l1t RV� TOTAL 580.82 PARCEL 04 04(1) 363.66 GRAZING* 04(2) - 180.07 GRAZING, NOW CROPS* 04 (3) 114.40 ' GRAZ I NQ* 04(4) 13T.08 GRAZING* TOTAL 793.28 * EXISTING USES COO scv" BY: 11 -29 -15 : 13:00 - 4077751014:x'2! ? TABLE 2 EXISTING STRUCTURES do CONDITIONS PARCEL 18: Six trailers and two sheds. This site supports four agricultural leases and each leased area was sectionally cleared and farmed in the past and is currently supporting a secondary growth. PARCEL 30: No structures. This parcel was cleared in the past and contains row -crops and secondary growth consisting mostly of exotics. PARCEL 31: One shed. This property was mechanically cleared in the past and still shows signs of the clearing. PARCEL 16: Two trailers. All buildings have been demolished. The property is in a secondary growth stage due to previous stumping and other clearing activities and is comprised largely of exotic species. PARCEL 07: No structures. A 20' path was cleared around the pro- perty at the City's ragoinxt. This property is in a secondary growth stage, consisting mostly of exotics, due to earlier prac- tices of stumping and other PARCEL 28: No structures. past and contains Pine flat PARCEL 29: Feed sheds for properly was mechanically signs of the clearing. clearing activities. This parccl had some clearing in the woods and exotics. cattle and a security trailer. This cleared in the past and still shows PARCEL 04-I One shed. The foundation excavated a 30 acre lake in 1986. This property is.in a secondary growth stage due to ear- lier practices of stumping and other clearing activities. 11 -27 -85 • 5 • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 19, 2001 Date Prepared: April 2, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 56, 2001, a request to approve a master signage program within the Mirasol Planned Community Development (PCD) (f.k.a. Golf Digest). RECOMMENDATION Staff recommends approval of Resolution 56, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ )Approved j $ [ ] Approved w/ Finance NA ACM I ML K Current FY conditions Human Res. NA ( ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: ( ] Operating Paper: [X] Not Required [ ] Other • Resolution 56, 2001 S�ubVpitted by: Growth Management Affected parties Budget Acct. #:: Director [ ] Notified [ ] None Approved by: City nager Not required City Council Meeting Date: April 19, 2001 Date Prepared: April 2, 2001 Petition MISC -01 -05 REQUEST Urban Design Studio, agent for Taylor- Woodrow Communities, is proposing a master signage program for the Mirasol Planned Community Development (PCD) (f.k.a. Golf Digest). The Mirasol PCD is bounded by PGA Boulevard to the south, Hood Road to the north, the Florida Turnpike to the east and the C -18 canal to the west. (3 &4 -42S- 42E, 33&34-41S-42E). LAND USE & ZONING The subject site is zoned Planned Community Development and has a future land -use designation of Residential Low, and is listed as Residential Low on the Vision Plan. CONCURRENCY This site is vested for concurrency. The applicant is proposing no additional trips. PROJECT DETAILS SThe approving development order for the Mirasol PCD (Ordinance 8, 2000) required that the applicant submit a master signage program for approval by the City Council (Condition #22). This submittal shall satisfy that condition of approval. The master signage program is a comprehensive sign program designed to regulate all informational, directional, traffic control, and construction signage within the Mirasol PCD. The signs are to be located within public rights -of -way and within private spine and local roads. The applicant is proposing a Mediterranean theme for all signage, to be consistent with the architecture throughout the development. More specifically, the master signage program addresses the following sign categories: • Main entry signage • Parcel entry features • Facility identification signage • Parcel information signage • Roadway information directional signage • Golf course signage • Traffic signage — residential, collector and arterial roads • Commercial site signage is 2 City Council Meeting Date: April 19, 2001 Date Prepared: April 2, 2001 Petition MISC -01 -05 COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) Staff has received no adverse comments from the DRC members. OUTSTANDING ISSUES There are no outstanding issues regarding this petition. PLANNING AND ZONING COMMISSION This application was not reviewed by the Planning and Zoning Commission, as specified by the development order for the Mirasol PCD. RECOMMENDATION Staff recommends approval of petition MISC- 01 -05. • 0 3 • April 2, 2001 RESOLUTION 56, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF A MASTER SIGNAGE PROGRAM FOR THE MIRASOL PLANNED COMMUNITY DEVELOPMENT (PCD) (F.K.A. GOLF DIGEST); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens approved Ordinance 8, 2000, which approved the Mirasol Planned Community Development; and WHEREAS, Ordinance 8, 2000 required that the applicant submit a master signage program application for City Council review and approval; and WHEREAS, the City of Palm Beach Gardens has received an application from Taylor- Woodrow Communities to provide for a master signage program for the Mirasol Planned Community Development; and WHEREAS, the 2,304.79 - acre "Mirasol Planned Community Development" site is currently zoned Planned Community District (PCD) with an underlying zoning of RL -3 Residential Low, and a future land use of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient and consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the master signage program for the Mirasol Planned Community Development. 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 master signage program for the Mirasol Planned Community Development. SECTION 2. Construction of the master signage program shall be in compliance with the following plans on file with the City's Growth Management Department: Resolution 56, 2001 19 Meeting Date: April 19, 2001 Date Prepared: April 2, 2001 Petition MISC -01 -05 Official Exhibits: 1. February 23, 2001 (stamped) Taylor Woodrow Communities Mirasol Information Program, Assembled by Taylor Woodrow Communities, Krent Wieland Design, and Awning and Sign Engineering Corporation. SECTION 3. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO ATTEST BY: CAROL GOLD CITY CLERK, MMC APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO 0 2 �' d - .j re� � ����.'$ � S sc 4 3 .. : � k 3a�� � S 4 � �� � �y ➢ .: �,_ �.. C � l �, ,; _, u v� — =r t J � L 4, ..� .. .. �� si `�''. �.�.' f eF`' B. MIRASOL IDENTITY PROGRAM Typical Parcel Signage — Metal Sign Structures Roadway Directional and Informational Signage Roadway Traffic Control Signage Golf Course Signage C. SIGNAGE LOCATION PLANS S 1 Thru S - 3 Master Signage Plans S - 4 Thru S - 7 Jog Road Parkway Directional Signage S - 8 Thru S -12 Mirasol Roadway Directional Signage Mirasol Master Signage Program A. DESIGN GUIDELINES Overview I. Main Entry Signage II. Parcel Entry Features A. Theme of Elements and Structures B. Features C. Materials and Finishes D. Accent Lighting E. Signage III. Facility Identification Signage IV. Parcel Information Signage V. Roadway Information / Directional Signage VI. Golf Course Signage VII. Traffic Signage - Residential, Collector and Arterial Roads VIII. Commercial Site Signage A. Overview B. MIRASOL IDENTITY PROGRAM Typical Parcel Signage — Metal Sign Structures Roadway Directional and Informational Signage Roadway Traffic Control Signage Golf Course Signage C. SIGNAGE LOCATION PLANS S 1 Thru S - 3 Master Signage Plans S - 4 Thru S - 7 Jog Road Parkway Directional Signage S - 8 Thru S -12 Mirasol Roadway Directional Signage Parcel 3 feature shown. Typical Pre -Cast Details. A secondary sign feature is located at the Hood Road Mirasol. These features shall be compositions of elements •Entry and will feature the Mirasol Logo mounted on a such as: columns, walls, pergolas, trellises, fountains and ar- feature wall. chitectural accents such as pots, finials, lamps etc. H. Parcel Entry Features For example: Tall columns may be used to enframe the A. Theme of Elements and Structures parcel road in a similar manner as found on a southern es- Monumental identification features create a sense ofplace tate. Attached walls may have architectural features such identifying each parcel within the entire community of as window openings, fountains, columns, offsets and ap- !i plied treatments to control the mass and scale while add- ing architectural interest. Each parcel identification feature will fit within the overall design guidelines creating a unified theme and direction for the community. B. Feature size and Massing Monument features will not exceed an overall height of 16 feet (except trellis and pergola structures). Each en- try feature shall be a minimum of 15' long. The overall length of the features shall not cover more than 33% of the parcel frontage parallel to the collector road. Site walls and/ or decorative fencing (6' max ht) may run the entire length. Features taller than 6' height typically are integrated as part of a thematic element such as a trellis, pergola, gatepost monument or fountain. The following maximum heights (measured above center of road) are proposed for the various elements: Free standing or attached columns —16' ht Trellises and Pergolas on walls or columns — 20' oa Architectural Walls w/ window openings —14' ht - including wall fountains Fountains —16' max. height The listed elements, being integrated as landscape fea- tures are generally exempt from height / setback require- r , ments as applicable to traditional buildings. Free standing columns may be located on the parcel or lot lines. All other features shall be a minimum of 5' from the rear common tract or buffer line to allow for landscaping. The minimum landscaped area shall be equal to the height ofthe sign in all directions. C. Materials and Finishes 1. Structures - Entry features, monuments and site signage systems shall be con- structed of permanent materials such as concrete products or metal. Wood shall be permitted only as a trellis fi amingmaterial, however metal trellises are encouraged Foam or other `soft' materials shall not be permitted. 2. Accent Materials —The features maybe accented with the following materials: cast stone -trim, caps, appliques, brackets etc.; painted metal framing and castings; tile— variety of sizes, glazes and colors; wood w/ stained finish (trellis structures only); stucco — smooth andtextured 3. Paint Finishes -Color selections will generally consist of a) neutral tones — i.e. buff, beige and cremes; b) earthtonesandMediterraneancolorfamily— ie.yel. ochre, taupe, pumpkin, etc c) faux paint finishes —i.e. whitewash, tone-on-tone glazes; ` Mirasol' bronze metal finish Primary colors will generally not be allowed unless specifically approved by Mirasol design review board. M, MIN 01 A., The copy letters shall be serif- type such as Times New Roman or script like Vivaldi Sign face and copy shall comply with city requirements. D. Accent Lighting 1. Wall /Column mounted lighting— Coach lights, sconces or other decorative fixtures may be incorporated as part of the feature design. 2. Underwater lighting incorporated into water features. 3. Ground based up lights — Landscape type up-lights. Incandescent, fluorescent or metal halide may be used. Sodium or mercury vapor lamps shall not be permitted. The Mirasol Design Review Committee may establish minimum and maximum fix- ture wattages. 4. All accent lighting in general shall be oriented to minimized glare and light spillage onto adjacent properties or into on-coming traffic. Signage 1. Parcel Entry Feature Signage —Flanking or Median Feature Locations Freestanding signage walls may not exceed 10 feet in height. Signage may be mounted on taller structures with enhanced architectural treatment provided the signage surface is integrated into the mass if the structure. Generally, signage copy shall not be located greater than R' above adjacent road grades. ri Signage features for community or public facilities such as the Clubhouse Sales Center, Fire Station, School etc. may consist of free standing metal or concrete signage structures 2. Residential Parcel Median Signage -All entry median islands of residential parcels shall have street identification signage. Median ground signage structures shall not ex- ceed 4.5' (feet) in height or 8' feet in length and shall be maintaining all clear zones as established by the Florida D.O.T. `green -book' standards. ®ree- standing structures shall be of metal or concrete con- struction consistent with the character and theme estab- lished here -in and shall include the Mirasol logo. Finishes to metal structures shall comply with color/ finish standards as established by the Project Developer. Sign copy shall be either pin- mounted metal letters or painted (or vinyl) text applied to metal placards. All let- tering or metal placards shall be mounted on a metal or masonry framework. 3. Signage Text and Copy Styles The copy letters shall be serif- type ( i.e. Roman, Times New Roman, etc) or script (Vivaldi). Copy height shall not exceed 24" ht. Sign face area shall not exceed 60 sq ft. Sign copy shall typically be metal plate or cast channel letters pin mounted to surface of Signage feature. Letter- ing material shall be at least 3/8" thick with a' /2" min. air - gap behind. Greater lettering thickness is encouraged. Lettering may also be engraved or carved into a stone, tile or concrete surface. Backlit or neon -type lettering shall not be allowed. III. Facility Identification Signage Signage features for community or public facilities such as the Clubhouse Sales Center, Fire Station, School etc. may consist of freestanding metal or concrete signage structures as described below. 1. Ground signage structures shall not exceed 10 feet in height or 15 feet in length. All clear zones, as estab- lishedbytheFloridaD.O.T. `green -book' standards, shall be maintained. The minimum landscaped area shall be equal to the height of the sign in all directions. Free - standing structures shall be of metal or concrete construction consistent with the character and theme es- Each parcel identification feature will ft within the overall design guidelines creating a unified theme tablished here -in. Finishes to metal structures shall com- ply with color / finish standards as established by the Project Developer. • Sign copy shall be either pin - mounted metal letters or painted (or vinyl) text applied to metal placards. All lettering or metal placards shall be mounted on a metal or masonry framework Refer to Appendix for Styles and Types of free stand- ing Signage. Materials and finishes shall be compat- ible with other standards as established for the Mirasol community. 2. Text and Copy Styles The copy letters shall be serif- type ( i.e. Roman, Times NewRoman, etc) or script (Vivaldi). Copy height shall not exceed 24" ht. Sign face area shall not exceed 60 sq ft IV. Parcel Informational Signage Signage elements shall generally consist of real estate sales signs, builder model ID signs, temporary directional and informational signs, etc. Signage shall be freestanding metal structures as described except for signage at indi- • vidual builder lots which may be painted wood. Materi- als and finishes shall be compatible with other standards as established for the Mirasol community. Refer to Ap- pendix for signage types. V. Roadway Informational/ Directional Signage Signage shall consist of freestanding metal structures. This category includes directional or informational signage along roads, walks and medians. Ground signage struc- tures shall not exceed 10 feet in height or 15 feet in length and shall maintain all clear zones as established by the Florida D.O. T. `green -book' standards. The minimum landscaped area shall be equal to the height ofthe sign in all directions. Freestanding structures shall be of metal construction consistent with the character and theme established herein. Finishes of metal structures shall comply with color/ fin- ish standards as established by the Project Developer. Sign copy shall be either pin - mounted metal letters or painted (or vinyl) text applied to metal placards. All let- tering or metal placards shall be mounted on a metal or masonry framework. A maximum of six (6) directional options shall be allowed per sign. 17, Refer to Appendix for Styles and Types of free standing Signage. VI. Golf Course Signage Signage shall be for the specific purpose of golf course play and shall include items such as tee markers, cart paths, etc. Signage shall consist of freestanding metal is structures. Materials and finishes shall be compatible with other standards as established for the Mirasol commu- i nity. Refer to Appendix for signage types. VII. Traffic Signage — Residential, Collector and Arterial Roads Signage shall be for the specific purpose of regulating and controlling roadway traffic. The signage shall be designed in accordance Florida D.O.T. criteria. Supple- mental traffic control signage within the community may be provided or required by the Developer. Signage shall consist of freestanding metal structures. Materials and finishes shall be compatible with standards as established for the Mirasol community. Refer to Ap- pendix for signage types. Typical signage designs forthe Mirasol Private Commu- nity and Jog Road Parkway are shown in The Appendix. All traffic control signage within any public road, access or thorough -fare shall be constructed of materials and finishes that are compatible with standards as established for the private Mirasol Community. Traffic control signage with the provision that all appli- cable D.O.T. City and County traffic standards are met. Traffic signage for private roads or tracts may use stan- dard D.O.T. approved signs. Parcel Developers shall submit alternate traffic control signage designs to the Mirasol Design Review Commit- tee for approval prior to submission to the City. VIII. Commercial Site Signage The Commercial /Community Parcel Developer shall provide a detailed signage pro- gram to the Architectural Review Committee Mirasol Master Association for review and approval prior to City submission. All signage shall be constructed with materials and • • AWNING SIGN 000, ENGINEERING 0E]EYCORPOMATION 000 EXTERIOR JMAC3r= CONSULTANTS 1900 NW 40TH C.T.. RI ITI DTNG- I- POMPANO RFA(-.H- R 31064 • TYPICAL PARCEL SIGNAGE • 0 J%- X 17 -a ez 0:1- y, V -r- A4 Af� -,�k QL -my -�2 �jxti- I-N eAKt;tL Mr-UIAN WUNA SIGN FACE32'-0" X 6'-7... gLvvr#Almt* CA olu =NGINEERIN inl2onl2AIrlin 7 aq Ti. 42 .11 1- mm MIN-1=4 0 9 1 — F. V li I • 0 • .. 12" CLN812 Construction Site Sign THIS IS A WOODEN 2 "X2 "" POST SET WITH MDO BOARD SIGN FACE. FINISH IS OIL BASED MIRASOL PAINT, AND GOLD VINYL GRAPHICS WILL BE USED FOR TEXT AND LOGO'S C7 ❑❑❑ AWNING & SIGN ❑❑❑ ENGINEERING ❑❑❑ CORPORATION ❑❑❑ EXTMOR IMAGE COMULTAKM • 4 ARCEL ASEC ASSEMBLIES ARE ALL ALUMINUM WITH WELDED CONSTRUCTION. ALL BASE PAINT IS TWO PART EPDXY. PATINA EFFECT WILL BE HAND APPLIED, THEN SEALED WITH A UV RESISTANT CLEAR COAT FOR PRODUCT LONGEVITY. 1111❑ AWNING & SIGN ❑❑❑ ENGINEERING 11111111 CORPORATION nF I❑ EXTERIOR IMAGE CONSULTANTS • , 0 SIGNeQ►GE • 4 3' -11" RO.23 PARKING DIRECTIONAL SIGNFACE 18" X 24" ALL SIGNS ARE MOUNTED ON .080 ALUMINUM. DOT SIGN FACE HAVE 3M HIGH INTENSITY SHEETING FOR MAXIMUM VISIBILITY. ALL RESIDENTIAL SIGNS WILL HAVE ENGINEER GRADE FACES. BREAKAWAY POLES WILL BE UTILIZED FOR ALL PERMANENT SIGN ASSEMBLIES FOR SAFETY. ROADWAY D,1R xCT11 n ,k . ASEC ASSEMBLIES ARE ALL ALUMINUM WITH WELDED CONSTRUCTION. ALL BASE PAINT IS TWO PART EPDXY. PATINA EFFECT WILL BE HAND'APPLIED, THEN SEALED WITH A UV RESISTANT CLEAR COAT FOR PRODUCT LONGEVITY 000 AWNING & SIGN 000 ENGINEERING 00m CORPORATION 1k '1 u CD ti RD.55 v- 0 M 5'-10N Lo 4' -S.t Side view SET IN CONCRETE s ASEC ASSEMBLIES ARE ALL ALUMINUNI:WL'DL WELDED CONSTRUCTION. ALL BASE PAINT IS TWO PART EPDXY. PATINA EFFECT WILL BE HAND APPLIED, THEN SEALED WITH A UV RESISTANT CLEAR COAT FOR PRODUCT LONGEVITY am { V 000 AWNING &SIGN 0011 ENGINEERING • COMMUNITY ROADWAY TRAFFIC SIGNAGE • WELD • R883030 / 30" 0 STOP SIGN SIGN FACE 30"X 30" ALL SIGNS ARE MOUNTED ON .080 ALUMINUM. DOT SIGN FACE HAVE 3M HIGH INTENSITY SHEETING FOR MAXIMUM VISIBILITY. ALL RESIDENTIAL SIGNS WILL HAVE ENGINEER GRADE FACES. BREAKAWAY POLES WILL BE UTILIZED FOR ALL PERMANENT SIGN 6'736"l W-342" EXTRUDED BLADE e C LERERS iL71H 2" SUFFIX SCOTCHLITE SILYM OR EOU4L CAST ALUMINUM BACKFRAME CASE ALUMINUM PLAQUE 3" DIAM ETER D.O.T. BREAKA NAY ALUMINUM POST ( EC ATTACHED) WELD C L I� 0" ASEC ASSEMBLIES ARE ALL ALUMINUM WITH WELDED CONSTRUCTION. ALL BASE PAINT IS TWO PART EPDXY. PATINA EFFECT WILL BE HAND APPLIED, THEN SEALED WITH A UV RESISTANT CLEAR COAT FOR PRODUCT LONGEVITY 000 AWNING & SIGN 000 ENGINEERING 000IXORpMAG RATION - - - I�SB6�G e 1/32" EXTRUDED BLADE 4" LETTERS WITH 2" SUFFIX SCOTCHLITE SILVER OR EQUAL I IitC 1 �ICa1V SIGN FACE 6" x 36" ALL SIGNS ARE MOUNTED ON .080 1 ASEC ASSEMBLIES ARE 'ALL ALUMINUM WITH WELDED ALUMINUM. DOT SIGN FACE HAVE CONSTRUCTION. ALL BASE PAINT IS TWO PART EPDXY. 3M HIGH INTENSITY SHEETING FOR PATINA EFFECT WILL BE HAND APPLIED, THEN SEALED MAXIMUM VISIBILITY. ALL RESIDENTIAL WITH A UV RESISTANT CLEAR COAT FOR PRODUCT LONGEVITY. SIGNS WILL HAVE ENGINEER GRADE FACES. BREAKAWAY POLES WILL BE E100 AWNING & SIGN DOE] ENGINEERING CORPORATION i n n i EXTERfl3R WAGE CONSULTANTS • • RHP1218 HANDICAP SIGN SIGNFACE 12 "718" ;R ALL SIGNS ARE MOUNTED ON .080 ALUMINUM. DOT SIGN FACE HAVE 3M HIGH INTENSITY SHEETING FOR MAXIMUM VISIBILITY. ALL RESIDENTIAL SIGNS WILL HAVE ENGINEER GRADE FACES. BREAKAWAY POLES WILL BE UTILIZED FOR ALL PERMANENT SIGN ASSEMBLIES FOR SAFETY. RCW1218 CRIME WATCH SIGN SIGNFACE 12" X 18" ASEC ASSEMBLIES ARE ALL ALUMINUM WITH WELDED CONSTRUCTION. ALL BASE PAINT IS TWO PART EPDXY. PATINA EFFECT WILL BE HAND!APPLIED, THEN SEALED WITH A UV RESISTANT CLEAR COAT FOR PRODUCT LONGEVITC ODD AWNING & SIGN 1100 ENGINEERING 0DD CORPORATION DOD immm Oit w AAOE coma mu RSL'I 524 Speed Limit SIGN FACE 18" X 24" ALL SIGNS ARE MOUNTED ON .080 ALUMINUM. DOT SIGN FACE HAVE 3M HIGH INTENSITY SHEETING FOR MAXIMUM VISIBILITY. ALL RESIDENTIAL SIGNS WILL HAVE ENGINEER GRADE FACES. BREAKAWAY POLES WILL BE 'j� ASEC ASSEMBLIES ARE ALL ALUMINUM WITH WELDED CONSTRUCTION. ALL BASE PAINT IS TWO PART EPDXY. 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Reviewed riginating Dept.: Costs: $ Council Action: (Total) City Attorne Finance ( ] Approved $ [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: ( ] Operating Attachments: Paper: [ ] Not Required [ ] Other Memorandum Submitted by: j� Kent R. Olson t--,,v Finance Director Affected parties [ ]Notified Budget Acct. #: [ ]None Ap rove(I by: a ger [ X ] Not required BACKGROUND: See attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM R R �rl TO: Ronald M. Ferris, City Manager DATE: April 9, 2001 FROM: Kent R. Olson, Finance Director KD(') SUBJECT: Resolution 64, 2001 - Lease/Purchase Agreement BACKGROUND On January 4, 2001, the City Council approved entering into a lease - purchase agreement with Meers Motor Leasing to finance the purchase of two utility vehicles and eight patrol vehicles for the Police Department. Mears Motor Leasing, however, subcontracts its municipal leases to Kislak National Bank of Orlando. DISCUSSION Resolution 64, 2001, authorizes the City to execute a Lease Purchase Agreement with Kislak National Bank to finance the purchase of the ten vehicles noted above. The terms of the Agreement are consistent with the terms approved in January with Meers Motor Leasing. RECOMMENDATION Staff recommends approval of Resolution 64, 2001, authorizing the execution of a Lease Purchase Agreement with Kislak National Bank. 0 RESOLUTION 64, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE LEASE - FINANCING OF CERTAIN EQUIPMENT THROUGH EXECUTION OF A MASTER LEASE - PURCHASE AGREEMENT WITH KISLAK NATIONAL BANK; PROVIDING FOR THE PAYMENT OF THE LEASE PAYMENTS; MAKING CERTAIN OTHER COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1: Authority for this Resolution. This Resolution is adopted pursuant to the Constitution and laws of the State of Florida, including particularly Chapter 166, Part II, Florida Statutes, and other applicable provisions of law (hereinafter collectively referred to as the "Act "). Section 2: Findings. It is hereby ascertained, found, determined and declared by the City of Palm Beach Gardens, Florida, (the "Lessee ") that: (a) It is necessary, desirable, and in the best interest of the Lessee and its inhabitants that the Lessee acquire the equipment described in Exhibit A hereto (the 'Equipment ") and pay for such acquisition through a lease - purchase financing structure pursuant to a Master Lease- Purchase Agreement (the "Lease- Purchase Agreement ") between the Lessee and Kislak National Bank (the "Lessor "). (b) The Lessee is authorized and empowered by the Act to enter into transactions such as that contemplated by the Lease - Purchase Agreement and to fully perform its obligations thereunder in order to acquire the Equipment. (c) The execution and delivery of the Lease - Purchase Agreement by the Lessee will comply with all of the provisions of the Act. (d) The Lessee has requested proposals from financial institutions and has determined that the terms proposed by the Bank are in the best interest of the Lessee consistent with the request for proposals issued for this purpose. Section 3: Authorization of Equipment. The lease- financing of the Equipment is hereby authorized, pursuant to the provisions of a Lease - Purchase Agreement ;which shall contain terms consistent with the Schedule of Terms attached hereto as Exhibit B. OR103185;1 Section 4: Approval of Lease- Purchase Agreement. The Lessee hereby authorizes and directs its Mayor or City Manager to execute and deliver, and the City Clerk of the Lessee to attest under the seal of the Lessee, a Lease- Purchase Agreement, all of the provisions of which, when executed and delivered by the Lessee as authorized herein and by the Bank, shall be deemed to be a part of this Resolution as fully and to the same extent as if incorporated verbatim herein. The Lease Purchase Agreement shall be in such form as approved by the Mayor or City Manager, such approval to be conclusively presumed by the execution thereof. The rent payments to be paid under the Lease - Purchase Agreement and the other terms of the Lease- Purchase Agreement shall be consistent with the Schedule of Terms attached hereto as Exhibit B. Section 5: Pledge of Lease Proceeds. In order to provide for acquisition of the Equipment, the Lessor shall pay the proceeds of the Lease to Lessee. The Lessee covenants and agrees to establish a separate fund in a bank or trust company in the State of Florida, which is eligible under the laws of such State to receive funds of the Lessee, to be known as the City of Palm Beach Gardens, Florida, Equipment Acquisition Fund, which shall be used only for the payment of the cost of acquisition of the Equipment. Moneys in the Equipment Acquisition Fund, until applied in payment of the cost of Equipment as provided in the Lease, shall be held in trust by the Lessee and shall be subject to a lien and charge in favor of the Lessor and shall not be subject to any lien or pledge in favor of any person other than Lessor. Lessee does hereby irrevocably pledge the Equipment Acquisition Fund to payment of its obligations under the Lease in accordance with the terms thereof. Section 6: Further Action. The proper officers of the Lessee are hereby authorized, empowered and directed to take all such further action and to execute such additional documents as they deem advisable to carry out the purposes of this Resolution. Section 7: Severability of Invalid Provisions. If any one or more of the covenants, agreements or provisions contained in this Resolution or the Lease- Purchase Agreement, or any other document or agreement hereby authorized shall be held contrary to any express provision of law, 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 any of the other provisions hereof or of the Lease- Purchase Agreement, or any other document or agreement hereby authorized. Section 8: Succession of Officer of Lessee; Performance of Duties. In the event that the office of any officer of the Lessee mentioned in this Resolution shall be abolished or any two or more of such offices shall be merged or consolidated, or in the event of a vacancy in any such office by reason of death, resignation, removal from office or otherwise, or in the event any such officer shall become incapable of performing the duties of his/her office by reason of sickness, absence from the Lessee or otherwise, all powers conferred and all obligations and duties imposed upon such officer shall be performed by the officer succeeding to the principal functions thereof or by the officer upon whom such powers, obligations and duties shall be imposed by law. Section 9: Benefit of Resolution Limited. Except as herein otherwise expressly provided, nothing in this Resolution, express or implied, is intended or shall be construed to confer OR103185;1 2 upon any person, firm or corporation other than the Lessee and the Bank (or its assigns) any right, remedy or claim, legal or equitable, under or by reason of this Resolution or any provision thereof, this Resolution and all its provisions being intended to be and being for the sole and exclusive benefit of the Lessee and the Bank (or its assigns). Section 10: Successors and Assigns. All the covenants, promises and agreements in this Resolution contained by or on behalf of the Lessee shall bind and inure to the benefit of its successors and assigns, whether so expressed or not. Section 11: Repealing Clause. All resolutions, or parts thereof, or other official actions of the Lessee in conflict with the provisions herein contained are, to the extent of such conflict, hereby superseded and repealed. Section 12: Effective Date. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this (SEAL) 0 ATTEST: CAROL GOLD, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO day of , 2001. MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY AYE OR103185;1 3 ierlvd ABSENT 0 EXHIBIT A Description of Equipment Vehicle ID# (to be provided upon delivery of equipment) Cost Chevrolet Tahoe Chevrolet Tahoe Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Total OR103185;1 $251,832 EXHIBIT B SCHEDULE OF TERMS SCHEDULE "A" THIS SCHEDULE OF TERMS is executed and delivered pursuant to that certain Master Lease- Purchase Agreement dated as of April 26, 2001, (the "Lease "), between KISLAK NATIONAL BANK (the "Lessor "), 7900 Miami Lakes Drive West, Miami Lakes, FL 33016, and the CITY OF PALM BEACH GARDENS FLORIDA ( "Lessee "). Equipment Cost: Number of Payments: Frequency of Payments: Payment Due Date: $251,832.00 3 Annual in arrears See Exhibit B to Lease Interest Rate: 5.70 % All interest shall be calculated on the basis of a 360 -day year consisting of twelve 30 -day months and shall be subject to adjustment as provided in the Lease. 0 Rental: See Exhibit B to Lease Budgetary Period: October 1st through September 30th Late Payments: There will be a charge of 1.5% per month of the highest legal rate allowed on the amount of any Rent Payment which remains unpaid for ten (10) days after the due date. THE TERMS GOVERNING THIS SCHEDULE OF PAYMENTS ARE CONTAINED IN THE LEASE REFERENCED ABOVE AND APPLY WITH THE SAME FORCE AND EFFECT AS IF SET FORTH FULLY HEREIN. Dated this 26`h day of April 2001. LESSOR: KISLAK NATIONAL BANK Kislak National Bank LESSEE: CITY OF PALM BEACH GARDENS FLORIDA LIM Joseph R. Russo Mayor 0 MASTER LEASE - PURCHASE AGREEMENT THIS MASTER LEASE - PURCHASE AGREEMENT, dated as of April 26, 2001 (together with all supplements, annexes, exhibits and schedules hereto hereinafter referred to as the "Lease "), between KISLAK NATIONAL BANK (hereinafter called, together with any successors and assigns "Lessor ") and CITY OF PALM BEACH GARDENS, FLORIDA (hereinafter called "Lessee "). WITNESSETH: Section 1. REPRESENTATIONS AND WARRANTIES OF LESSEE. Lessee hereby represents and warrants to Lessor that on the date hereof and at all times during the Term (as defined in Section 3 below) hereof: (a) Lessee is a political subdivision, municipal corporation or public body corporate and politic of the State of Florida (the "State "), duly organized and existing under the Constitution and laws of the State. (b) Lessee is authorized under the Constitution and laws of the State to enter into this Lease and the transactions contemplated hereby, and to perform all of its obligations hereunder. (c) Lessee has duly authorized and approved the execution and delivery of this Lease and all other documents related to the transactions contemplated hereby, and this Lease constitutes a legal, valid and binding obligation of the Lessee, enforceable against the Lessee in accordance with the terms hereof except as limited by applicable bankruptcy laws or other laws affecting the enforcement of creditors rights generally, or by the exercise of judicial discretion in accordance with general principals of equity. (d) Each officer or representative of Lessee executing this Lease has been duly authorized to execute and deliver this Lease and related documents under the terms and provisions of a resolution of Lessee's governing body, or by other appropriate official action. (e) Lessee has complied with all open meeting laws, all public bidding laws and all other State and Federal laws applicable to this Lease, and has obtained all approvals necessary for the execution, delivery and performance of this Lease and the transactions contemplated hereby. (f) Neither the execution and delivery hereof, nor the fulfillment of, or compliance with, the terms and conditions hereof, nor the consummation of the transaction contemplated hereby, will conflict with, constitute a breach of, or default under, the Constitution and laws of the State, or the rules of procedure of the Lessee or any indenture, agreement or other instrument to which the Lessee is a party or by which it is bound, or any constitutional or statutory OR103198;1 1 provision, or order, rule regulation, decree or ordinance of any court, government or governmental body to which the Lessee or any of its other properties are subject. (g) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, regulatory agency, public board or body pending or, to the best of the Lessee's knowledge, threatened against the Lessee, wherein an unfavorable ruling or filing would adversely affect the validity or enforceability of this Lease or any other instrument contemplated for use in consummating the transactions contemplated hereby, or the exclusion of the portion of the Rent Payments (as defined in Section 3 below) representing interest from gross income for purposes of federal income taxation, or would materially and adversely affect any of the transactions contemplated by this Lease. (h) The Equipment (as defined in Section 2 hereof) at all times will be used by the Lessee for the purpose of performing a public function and the acquisition of the Equipment by the Lessee shall be necessary, useful or appropriate to one or more governmental purposes of the Lessee. Section 2. LEASING. (a) Subject to the terms and conditions set forth below, Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the Equipment described in the Equipment Schedules delivered from time to time as described below, including all repairs, replacements, substitutions and modifications to the same (the "Equipment "). (b) The Lessor may from time to time, at the request of Lessee, provide funds to acquire Equipment from the manufacturer or supplier thereof ( "Supplier ") for lease hereunder. The obligation of Lessor to lease Equipment hereunder shall be subject to the representations and warranties of Lessee contained herein being true and accurate throughout the term hereof and further conditioned on receipt by Lessor of each of the following documents in form and substance satisfactory to Lessor and the Lessee: (i) a Description of Equipment describing such Equipment executed by Lessor and Lessee in the form attached as Exhibit A hereto (the "Description of Equipment "): (ii) an Amortization Schedule setting forth the Rent payable with respect to such Equipment in the form attached as Exhibit B hereto (the "Amortization Schedule "); (iii) a Schedule of Terms setting forth additional terms applicable to the lease of such Equipment executed by Lessor and Lessee (the "Schedule of Terms "); (iv) copies of insurance policies or, at Lessor's option, such other evidence of insurance which complies with the requirements of Section 11; OR103198;1 2 (v) bills of sale, titles or other appropriate evidence of ownership or invoices for amounts due; (vi) an opinion of counsel for Lessee; (vii) a copy of Internal Revenue Service Form 8038 G or 8038 GC (as applicable) completed and executed by Lessee; (viii) an Officers' Certificate of Lessee; (ix) a duly adopted resolution or evidence of other appropriate action of Lessee approving the acquisition of such Equipment; (x) executed and completed Form 2003/2004 of the Division of Bond Finance of the State of Florida; and (xi) a Certificate of Acceptance in the form attached as Exhibit C hereto; (xii) such other documents as Lessor may reasonably request. All references herein to the Description of Equipment, Amortization Schedule or the Schedule of Terms for Equipment is a reference to such schedule as it was executed in connection with the lease of such item of Equipment. (c) Lessor hereby appoints Lessee its agent for purchase, inspection and acceptance of the Equipment from the manufacturer or supplier. Subject to the above - stated conditions, upon execution by Lessee of a Certificate of Acceptance in the form provided by Lessor, the Equipment described thereon shall be deemed to have been delivered to, and irrevocably accepted by, Lessee for lease hereunder. Section 3. TERM, RENT AND PAYMENT. (a) The rent ( "Rent ") payable hereunder with respect to all Equipment set forth on an Equipment Schedule shall commence on the date set forth in the corresponding Schedule of Terms (the "Commencement Date "). The term ( "Term ") of this Lease with respect to such Equipment shall commence on the Commencement Date and shall terminate upon the occurrence of the first of the following events: (1) the exercise by Lessee of its option to purchase Lessor's interest in such Equipment pursuant to Section 18 hereof; (2) the payment by Lessee of all Rent and other amounts required to be paid by Lessee hereunder with respect to such Equipment; OR103198;1 3 • (3) upon the occurrence of an Event of Nonappropriation (as that term is defined in subsection (c) hereof) with respect to any Equipment, the last day of the Budgetary Period set forth in the Schedule of Terms for which an appropriation has been made, subject to Lessor's election to not terminate this Lease with respect to Equipment for which an appropriation has been made; (4) an Event of Default by Lessee and Lessor's election to terminate this Lease pursuant to Section 20 hereof; or (5) payment of all monies owed pursuant to a Casualty Occurrence with respect to such Equipment under Section 10 hereof. (b) Rent shall be paid to Lessor at its address noted in the Schedule of Terms, except as otherwise directed by Lessor. Payments of Rent shall be in the amount, payable at such intervals and shall be due in accordance with the provisions of the Amortization Schedule and Schedule of Terms. (Each payment of Rent is hereinafter referred to as a "Rent Payment ".) Lessor may change the location to which the Rent Payments are to be paid by noting such change on any invoice to Lessee or by sending Lessee notice in writing of such change. A portion of each Rent Payment is paid as, and represents, interest as reflected on the Amortization Schedule. The obligation of the Lessee to pay the amounts required herein shall constitute a current expense of the Lessee and shall not in any way be construed to be a debt of the Lessee in contravention of any applicable constitutional, statutory or charter limitations or requirements concerning the creation of indebtedness of the Lessee. THE PAYMENTS DUE UNDER THIS LEASE ARE TO BE MADE ONLY FROM THE LESSEE'S LEGALLY APPROPRIATED FUNDS ON AN ANNUAL BASIS, AND NEITHER THE LESSEE, THE STATE OF FLORIDA, NOR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF SHALL BE OBLIGATED TO PAY ANY SUMS DUE HEREUNDER FROM THE COMPELLED LEVY OF AD VALOREM OR OTHER TAXES EXCEPT FROM THOSE FUNDS LEGALLY APPROPRIATED BY THE LESSEE ON AN ANNUAL BASIS, AND NEITHER THE FULL FAITH AND CREDIT NOR THE TAXING POWER OF THE LESSEE, THE STATE OF FLORIDA OR ANY POLITICAL SUBDIVISION OR AGENCY THEREOF ARE PLEDGED FOR PAYMENT OF SUCH SUMS DUE UNDER THIS LEASE. This Lease and the indebtedness evidenced hereby shall not constitute a lien upon the Equipment, or any part thereof, or on any other property owned by or within the jurisdictional limits of Lessee. (c) Lessee shall have the right to terminate its obligation to make Rent Payments with respect to any Equipment at the end of any Budgetary Period (as that term is defined in the Schedule of Terms), in the manner and subject to the terms of this subsection (c), if Lessee's governing body does not appropriate money sufficient to pay the Rent Payments and reasonable estimated expenses hereunder coming due for the next Budgetary Period with respect to such OR103198;1 4 Equipment (such termination hereinafter an "Event of Nonappropriation "). Upon the occurrence of an Event of Nonappropriation, Lessee shall not be responsible for the payment of any Rent Payments with respect to such Equipment coming due during any subsequent Budgetary Period. Upon the occurrence of an Event of Nonappropriation as provided in this subsection, this Lease shall terminate and Lessee covenants to surrender and deliver possession of the Equipment to Lessor in accordance with the provisions of Section 12. Provided, however, that Lessor may elect to continue to lease hereunder any Equipment for which an appropriation has been made. Section 4. TAXES. Lessee shall report and pay promptly from legally available revenues all other taxes, fees and assessments due, imposed, assessed or levied against the Equipment (or the purchase, ownership, delivery, leasing, possession, use or operation thereof), this Lease (or any rentals or receipts hereunder), or Lessor or Lessee in connection with this Lease, by any foreign, federal, state or local government or taxing authority, including, without limitation, all license and registration fees, and all sales, use, personal property, excise, gross receipts, franchise, stamp or other taxes, imposts, duties and charges, together with any penalties, fines or interest thereon (all hereinafter called "Taxes "). Lessee shall reimburse Lessor upon receipt of written request for reimbursement for any Taxes charged to or assessed against Lessor, and on request of Lessor, submit to Lessor written evidence of Lessee's payment of Taxes. Lessee shall have no liability for taxes imposed by the United States of America or any State or political subdivision thereof which are on or measured by the net income of Lessor. Section 5. FINANCIAL INFORMATION• REPORTS. Lessee will provide Lessor with (i) audited financial statements (including, without limitation, a balance sheet, a statement of revenues, expenditures and change in fund balance) within 210 days after the end of each Budget Year, (ii) a copy of its annual budget within 45 days after approval by Lessee, and (iii) such other financial information as requested in writing by Lessor. Lessee will also provide Lessor with the following in writing within the time periods specified: (a) notice of tax or other lien which attaches to Equipment within ten (10) days of Lessee's obtaining knowledge of such attachment and such additional information with respect to the tax or lien promptly upon request of Lessor; (b) notice to Lessor of the relocation of the base - location of the Equipment outside of the jurisdictional limits of Lessee, ten (10) days prior to any relocation; (c) copies of the insurance policies or other evidence of insurance required by the terms hereof, promptly upon request by Lessor; (d) copies of all information, logs, documents and records regarding or in respect to the Equipment and its use, maintenance and/or condition, within ten (10) days of such request; (e) a certificate of the authorized officer of Lessee stating that he has reviewed the activities of Lessee and that, to the best of his knowledge, there exists no default (as described in Section 20) or event which with notice or lapse of time (or both) would become such a default; (f) copies of any manufacturer's warranties, promptly upon request; (g) evidence of Lessee's compliance with maintenance provisions of Section 8 hereof upon request of Lessor; (h) notice of any anticipated occurrence of an Event of Nonappropriation, if practical, thirty (30) days prior to such occurrence; (i) notice of an occurrence of an Event of Nonappropriation within five (5) days OR103198;1 of such occurrence; 6) proof of appropriation for the ensuing Budgetary Period in a form acceptable to Lessor upon request; and (k) any other documents or reports required by any addenda hereto or reasonably requested by Lessor. Section 6. TITLE AND QUIET ENJOYMENT. (a) Legal title to the Equipment shall, for the convenience of both parties, be titled in the Lessee. Lessee covenants to promptly return the Equipment to Lessor as provided in Section 12 upon the occurrence of an Event of Nonappropriation, or upon the occurrence of an Event of Default and Lessor's election to terminate this Lease pursuant to Section 21 hereof. Title to the Equipment shall vest absolutely with Lessee upon payment of all Rent Payments due hereunder. (b) So long as Lessee is not in default under this Lease, Lessor covenants and agrees that it will not interfere with Lessee's quiet enjoyment of the Equipment subject to, and in accordance with, the provisions hereof. Section 7. DELIVERY, REGISTRATION, USE AND OPERATION. (a) The Equipment shall be delivered directly from the Supplier to Lessee. (b) Lessee, at its own cost and expense, shall cause title of the Equipment to be placed in the name of Lessee by appropriate documentation. (c) The possession, use and operation of the Equipment shall be at the sole risk and expense of Lessee. Lessee agrees that the Equipment will be used and operated in compliance with any and all statues, laws, ordinances, regulations and standards or directives issued by any governmental agency applicable to the use or operation thereof, in compliance with any license or registration relating to the Equipment issued by any agency and in a manner that does not modify or impair any existing warranties on the Equipment or any part thereof. Lessee will operate the Equipment solely for governmental use. Section 8. MAINTENANCE. (a) Lessee agrees that the Equipment will be maintained in compliance with any and all statutes, laws, ordinances, regulations and standards or directives issued by any governmental agency applicable to the maintenance thereof, and in a manner that does not modify or impair any existing warranties on the Equipment or any part thereof. (b) Lessee shall maintain, inspect, service, repair, overhaul and test the Equipment in accordance with (i) all maintenance manuals initially furnished with the Equipment, including any subsequent amendments or supplements to such manuals issued by the manufacturer from time to time, and (ii) all recommended "Service Bulletins" issued, supplied, or available by or through the Manufacturer and/or the manufacturer of any part with respect to the Equipment. Lessee shall maintain all records, logs and other materials required by the manufacturer thereof for OR103198;1 6 enforcement of any warranties. All maintenance procedures required hereby shall be undertaken and completed in accordance with the manufacturer's recommended procedures, and by properly trained, licensed, and certificated maintenance sources and maintenance personnel, so as to keep the Equipment in as good operating condition as when delivered to Lessee hereunder, ordinary wear and tear expected. (c) Lessee agrees to notify Lessor in writing thirty (30) days prior to making any material change in the configuration, appearance and coloring of the Equipment from that in effect at the time the Equipment is accepted by Lessee hereunder, and in the event of such change or modification of configuration, coloring or appearance, Lessee shall restore, upon request of Lessor, the Equipment to the configuration, coloring or appearance in effect on the Commencement Date or, at Lessor's option, to pay to Lessor an amount equal to the reasonable cost of such restoration. The Lessee's addition of its logo or other identifying marks to Equipment shall not be considered a material change in the appearance or coloring of the Equipment. (d) Lessee shall be entitled from time to time during the Term of this Lease to acquire and install on the Equipment at Lessee's expense, any additional accessory, device or equipment as Lessee may desire (each such accessory, device or equipment, an "Addition "), but only so long as such Addition does not alter or impair the originally intended function or use of the Equipment, and can be readily removed by Lessee prior to the return of the Equipment. Lessee shall repair all damage to the Equipment resulting from the installation or removal of any Addition so as to restore the Equipment to its condition prior to installation, ordinary wear and tear excepted. e An alteration or modification each an "Alteration" with respect to the O Y ( ) P Equipment that may at any time during the term of this Lease be required to comply with any applicable law or any governmental rule or regulation shall be made at the expense of Lessee. Any repair made by Lessee of or upon the Equipment or replacement parts installed thereon in the course of repairing or maintaining the Equipment, or any Alteration required by law or any governmental rule or regulation, shall be deemed an accession and shall become a part of the Equipment. (f) Except as permitted under this Section 8, Lessee will not modify the Equipment or affix or remove any accessory to the Equipment leased hereunder without Lessor's consent. Section 9. LIENS, SUBLEASE AND ASSIGNMENT. (a) Lessee shall not sell, transfer, assign or encumber the Equipment or Lessor's rights under this Lease and shall not sublet or part with possession of the Equipment or any part thereof. Lessee shall keep the Equipment and any part thereof free and clear of all liens and encumbrances other than those which result from (i) the respective rights of Lessor and Lessee as herein provided; (ii) liens arising from the acts of Lessor; (iii) liens for taxes not yet due; and (iv) inchoate materialmen's, mechanics', workmen's, repairmen's, employees' or other like liens arising in the ordinary course of business of Lessee for sums not yet delinquent or being contested in good OR103198;1 7 faith (and for the payment of which adequate assurances in Lessor's judgment have been provided Lessor). (b) All of Lessor's right, title and/or interest in and to this Lease, the Rent Payments and other amounts due hereunder and the Equipment may be assigned and reassigned in whole or in part to one or more assignees or subassignees at any time, without the consent of Lessee. No such assignment shall be effective as against Lessee unless and until the Lessor or assignor, as the case may be, shall have filed with Lessee a copy or written notice thereof identifying the assignee. All Rent Payments due hereunder shall be paid to Lessor at the address set forth herein or at the direction of Lessor or assignee designated in the most recent notice of assignment filed with Lessee, such other address as Lessor or assignee directs. Upon such assignment, Lessee shall provide notice thereof to all insurers and shall cause the insurance policies as required by Section 11 hereof to be modified to protect the assignees. (c) This Lease shall inure to the benefit of and shall be binding upon the Lessor and the Lessee and their respective successors and permitted assigns. Section 10. LOSS, DAMAGE AND STIPULATED LOSS VALUE. Lessee hereby assumes and shall bear the entire risk of any loss, theft, confiscation, expropriation, requisition, damage to, or destruction of, the Equipment, or any part thereof from any cause whatsoever. Lessee shall promptly and fully notify Lessor in writing if Equipment shall be or become worn out, lost, stolen, confiscated, expropriated, requisitioned, destroyed, irreparably damaged or permanently rendered unfit for use from any cause whatsoever (such occurrences being hereinafter called "Casualty Occurrences "). In the event that, in the opinion of Lessor, a Casualty Occurrence has occurred which affects only a portion of an item of the Equipment, then Lessee, at its own cost and expense, shall replace such portion with a replacement part acceptable to Lessor. In the event that, in the opinion of Lessor, a Casualty Occurrence has occurred in respect to an item of Equipment in its entirety, on the Rent Payment date next succeeding a Casualty Occurrence (the "Payment Date "), Lessee shall pay Lessor the sum of (i) an amount equal to the portion of the Prepayment Price applicable to the affected Equipment for the time period of the Casualty Occurrence; and (ii) all Rent Payments and other amounts which are due or accrued hereunder as of the Payment Date. Upon payment of all sums due hereunder, the Term of this Lease as to the item of Equipment shall terminate, and Lessee shall be entitled to retain possession of such Equipment. Section 11. INSURANCE. Lessee agrees to keep the Equipment insured, at its own expense, with such companies and on such terms acceptable to Lessor, in such amounts and for such risks as is customary for equipment of the nature and type of the Equipment and as may be reasonably requested by the Lessor. The insurance shall (i) name Lessor as additional insured and shall have a loss payable clause in favor of Lessor, as its interest may appear, irrespective of any breach of warranty or other act or omission of Lessee; (ii) shall not be subject to any co- insurance clause; and (iii) shall provide that it may not be altered or cancelled by the insurer until after thirty (30) days written notice to Lessor. Any OR103198;1 8 expense of Lessor in adjusting or collecting insurance shall be borne by Lessee. Lessee shall not make adjustments with insurers except (a) with respect to claims from damage to an item of Equipment where the repair costs do not exceed ten percent (10 %) of such item's fair market value, or (b) with Lessor's written consent. Lessor may, at its option, apply proceeds of insurance, in whole or in part, to repair or replace the damaged or lost item of Equipment or any portion thereof, or to satisfy any obligation of Lessee to Lessor hereunder. In addition to property and liability insurance referenced above, if required by State law, Lessee shall carry workmen's compensation insurance covering all employees on, in, near or about the Equipment, and upon request shall furnish to Lessor certificates evidencing such coverage. Upon prior written consent of Lessor, Lessee may self-insure for some or all of the above - referenced public liability, property, and casualty damage risks. If Lessee is covered under a program of self insurance, Lessee shall provide Lessor with a letter from its insuring authority certifying to the existence of a continuing self - insurance program which meets the requirements of applicable law. In such event, Lessee shall provide a minimum of ten (10) days written notice to Lessor of any material change or cancellation of said self insurance program. In the event that such self-insurance program is unavailable or terminated, Lessee agrees to procure and maintain with a carrier authorized to do business in Florida and acceptable to Lessor, which acceptance shall not be unreasonably withheld, all insurance required hereby, including fire, theft, and extended coverage insurance on the Equipment, insuring the full insurable value against risk of loss or damage and providing for a minimum of ten (10) days written notice of material change or cancellation to Lessor. Lessee shall provide Lessor with copies of certificates of the insurance carrier or carriers evidencing such insurance coverage. Section 12. RETURN OF EQUIPMENT. (a) Upon termination of this Lease due to an Event of Nonappropriation, or due to an Event of Default and Lessor's election to terminate this Lease (subject to Lessor's election to continue this Lease with respect to Equipment for which no Event of Nonappropriation has occurred), Lessee covenants to promptly return all Equipment leased hereunder to Lessor together with all logs, manuals and data, including without limitation, inspection, modification and overhaul records required to be maintained with respect hereto under this Lease or under the manufacturer's recommended maintenance program. Upon return of the Equipment, Lessee shall, upon request, assign to Lessor its rights under any manufacturer's maintenance service contract or extended warranty for the returned Equipment or any part thereof. All expenses for return of such Equipment and delivery of the aforementioned logs, manuals and data shall be borne by Lessee. The Equipment shall be returned in the condition in which the Equipment is required to be maintained pursuant to Section 8 hereof, but with all logos or other identifying marks of Lessee removed. (b) Upon return of the Equipment, Lessor shall arrange for the inspection of same within thirty (30) days of return to determine if such Equipment has been maintained and returned in accordance with the provisions hereof. Lessee shall be responsible for the reasonable cost of such inspection and shall pay Lessor such amount as additional Rent within ten (10) days of demand for same. In the event that the results of such inspection indicate that such Equipment, or any part thereof, has not been maintained or returned in accordance with the provisions hereof, Lessee shall OR103198;1 9 pay to Lessor within ten (10) days of demand, as liquidated damages, the estimated cost ( "Estimated Cost ") of servicing or repairing such Equipment, or part. The Estimated Cost shall be determined by Lessor by obtaining two quotes for such service or repair work and taking the average of same. Lessee shall bear the cost, if any, incurred by Lessor in obtaining such quotes. (c) In the event of return of Equipment to Lessor pursuant to (a) above, Lessor shall use its best efforts to sell all or part of the Equipment upon such terms as Lessor in its reasonable judgment deems prudent. Lessor shall apply the net proceeds of such sale in the following manner: (i) firstly, to reimburse Lessor for all costs associated with the removing, holding, repairing and selling of Equipment; (ii) secondly, to reimburse Lessor for Lessee's remaining obligations under the Lease including, but not limited to, the applicable Prepayment Price; and (iii) lastly, any amounts remaining thereafter shall be remitted to Lessee. (d) All of Lessor's rights contained in this Section shall survive the expiration or other termination of this Lease. Section 13. INTEREST RATE SUBJECT TO ADJUSTMENT. In setting the interest rate used in calculating the interest component of the Rental Payments set forth in the Amortization Schedule, the Lessor has taken into consideration: (a) the current Maximum Corporate Income Tax Rate, including Sub Chapter S corporations, as established in Section 11 of the Internal Revenue Code of 1986, as amended (the "Code "), (b) the treatment of this IsLease as a "qualified tax- exempt obligation" under Section 265 of the Code, and (c) other factors which affect tax yield to the Lessor. Should there be future changes in the Code or related regulations which affect the after -tax yield of Lessor, the Lessor may adjust the interest rate in order to maintain the same after -tax yield as in effect on the date hereof. As utilized in this Section, the term "Determination of Taxability" shall mean any determination, decision or decree by the Commissioner of Internal Revenue or any District Director of Internal Revenue, as such officers are identified by the Code, or any court of competent jurisdiction, or an opinion of counsel experienced in tax matters that the Interest component payable under this Lease is includable in the gross income (as defined in Section 61 of the Code) of the Lessor as a result of the occurrence of a Taxable Event (herein defined). A Determination of Taxability shall be deemed to have occurred on the first to occur of the following: (a) on that date when the Lessee files any statement, supplemental statement or other tax schedule, return or document which discloses that a Taxable Event (hereinafter defined) shall have occurred; (b) on that date when the Lessee or the Lessor shall be advised by said Commissioner of Internal Revenue or any such District Director of Internal Revenue that, based upon (i) filings of the Lessee, (ii) any review or audit of the Lessee, or (iii) upon any ground whatsoever, a Taxable Event shall have occurred; or OR103198;1 10 (c) on that date (i) when the Lessee shall receive notice from the Lessor that the Internal Revenue Service has assessed as includable in the gross income (as defined in Section 61 of the Code) of the Lessor the interest component due to the occurrence of a Taxable Event; or (ii) when the Lessee shall be advised by said Commissioner or any such District Director of Internal Revenue that the interest component is includable in the gross income of the Lessor due to the occurrence of a Taxable Event; or (iii) when the Lessee shall receive an opinion of counsel experienced in tax matters that the interest component is includable in gross income due to the occurrence of a Taxable Event. As utilized in this Section, the term "Taxable Event" shall mean that event which shall cause the interest component of the Rent paid or payable under this Lease to become includable for federal income tax purposes in the gross income of the Lessor as a consequence of any act, omission or event whatsoever, other than an act, omission or event caused by the Lessor, and regardless of whether the same was within or beyond the control of the Lessee. A Taxable Event shall be deemed to have occurred as of the earliest date on which it is alleged that interest became so includable. If a Determination of Taxability should occur, the interest portion of the Rent Payments shall be increased to the interest rate necessary to maintain the same after -tax yield as in effect on the date hereof (the "Taxable Rate "), and such increased rate of interest shall be payable from and after the date of the Event of Taxability ("Date of Taxability"). Provided, however, that if the Lessee shall elect to contest such allegation and such contest results in a final order or judgment of a court or administrative body of competent jurisdiction to the effect that a Taxable Event has not occurred and the time for any appeal of such order or judgment has expired, then no Taxable Event shall be deemed to have occurred and interest rate adjustments theretofore paid shall be refunded by the Lessor. Section 14. PERSONAL PROPERTY. The Equipment shall at all times be and remain, personal property notwithstanding that the Equipment or any part thereof may now be, or hereafter become, in any manner affixed or attached to, or embedded in, or permanently resting upon, real property or any building thereon, or attached in any manner to what is permanent as by means of cement, plaster, nails, bolts, screws, or otherwise. If, notwithstanding the intention of the parties and the provisions of this Section 14, any person acquires or claims to have acquired any rights in the Equipment or any portion thereof by reason of such Equipment's being affixed to real property and such person seeks in any manner to interfere with the continued quiet enjoyment of the Equipment by Lessee as contemplated by this Lease, Lessee shall immediately notify Lessor in writing of such fact and shall seek diligently to remove the basis for any such interference. Unless the basis for such interference is waived or removed to the satisfaction of Lessor within thirty (30) days from the date it is asserted, Lessee, upon written request from Lessor, shall within ten (10) days after such request pay to Lessor an amount equal to the sum of (i) an amount equal to the Prepayment Price applicable to the time period of the interference; and (ii) all Rent Payments and other amounts which are due or accrued hereunder. OR103198;1 it Upon such payment the Lease of such Equipment shall terminate and all of Lessor's title to and rights in such Equipment shall become the property of Lessee. Section 15. NET LEASE; NO SET -OFF, ETC. This Lease is a net lease. Subject to the provisions of Section 3 subsection (c) hereof, Lessee's obligation to pay Rent and other amounts due hereunder shall be absolute and unconditional. Lessee shall not be entitled to any abatement or reduction of, or set -off against, said Rent or other amounts, including, without limitation, those arising or allegedly arising out of claims or disputes (present or future, alleged or actual, and including claims arising out of strict tort or negligence of Lessor) of Lessee against or with the manufacturer or vendor of the Equipment, any supplier of labor or materials in connection therewith, or any other person. Nor shall this Lease terminate or the obligations of Lessee be affected by reason of any defect in or damage to, or loss of possession, use or destruction of, the Equipment, from whatsoever cause or breach of warranties of the manufacturer or seller of the Equipment. Subject to the provisions of Section 3 subsection (c), it is the intention of the parties that Rent Payments and other amounts due hereunder shall continue to be payable in all events in the manner and at the times set forth herein, unless the obligation to do so shall have been terminated pursuant to the express terms hereof. Section 16. INDEMNIFICATION. (a) Lessee hereby agrees to the extent permitted by law to indemnify, save and keep harmless Lessor, its agents, employees, successors and assigns from and against any and all losses, damages, penalties, injuries, claims, actions and suits, of whatsoever kind and nature, in contract or tort, whether caused by the active or passive negligence of Lessor or otherwise, and including, but not limited to, Lessor's strict liability in tort, arising out of (i) the selection, manufacture, purchase, acceptance or rejection of Equipment, the ownership of Equipment by Lessee during the Term of this Lease, and the delivery, lease, possession, maintenance, use, condition, return or operation of the Equipment (including, without limitation, latent and other defects, whether or not discoverable by Lessor or Lessee and any claim for patent, trademark or copyright infringement), or (ii) the condition of the Equipment sold or disposed of after use by Lessee, any sublessee or employees of Lessee. Lessee shall, upon request, defend any actions based on, or arising out of, any of the foregoing. (b) All of Lessor's rights, privileges and indemnities contained in this Section shall survive the expiration or other termination of this Lease and the rights, privileges and indemnities contained herein are expressly made for the benefit of, and shall be enforceable by Lessor, its successors and assigns. OR103198;1 12 0 Section 17. DISCLAIMER LESSEE ACKNOWLEDGES THAT IT SHALL SELECT THE EQUIPMENT WITHOUT ANY ASSISTANCE FROM LESSOR, ITS AGENTS OR EMPLOYEES AND THAT LESSEE LEASES THE EQUIPMENT IN AN "AS IS" CONDITION. LESSOR DOES NOT MAKE, HAS NOT MADE, NOR SHALL BE DEEMED TO MAKE OR HAVE MADE, ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR 1MPLIFD, WRITTEN OR ORAL, WITH RESPECT TO THE EQUIPMENT LEASED HEREUNDER OR ANY COMPONENT THEREOF, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY AS TO CONDITION, DESIGN, COMPLIANCE WITH SPECIFICATIONS, QUALITY OF MATERIALS OR WORKMANSHIP, MERCHANTABILITY, FITNESS FOR ANY PURPOSE, USE OR OPERATION, SAFETY, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT, OR TITLE. All such risks, as between Lessor and Lessee, are to be borne by Lessee. Without limiting the foregoing, Lessor shall have no responsibility or liability to Lessee or any other person with respect to any of the following (except at such times as Lessor is in possession of the Equipment), regardless of any negligence of Lessor (i) any liability, loss or damage caused or alleged to be caused directly or indirectly by the Equipment, any inadequacy thereof, any deficiency or defect (latent or otherwise) therein, or any other circumstance in connection therewith; (ii) the use, operation or performance of the Equipment or any risks relating thereto; (iii) any interruption of service, loss of business or anticipated profits or consequential damages; or (iv) the delivery, operation, servicing, maintenance, repair, improvement or replacement of the Equipment. If, and so long as, no default exists under this Lease, Lessee shall be, and hereby is, authorized during the Term to assert and enforce, at Lessee's sole cost and expense, from time to time, in the name of and for the account of Lessor and/or Lessee, as their interests may appear, whatever claims and rights Lessor may have against any Supplier of the Equipment. Section 18. PURCHASE OPTION. (a) Provided that no Event of Default has occurred and is continuing hereunder, Lessee shall have the option to purchase all of Lessor's right and/or interest in and to the Equipment on any Rent Payment Date (the "Purchase Date ") for the applicable Prepayment Price as set forth in the Amortization Schedule. The sale of the Lessor's interest in and to the Equipment to Lessee shall be on an AS IS, WHERE IS basis, without any recourse or warranty whatsoever as against Lessor. (b) Lessee shall give notice to Lessor of its intention to exercise its option not less than sixty (60) days prior to the Rent Payment Date on which the option is to be exercised and shall remit to Lessor on such date an amount equal to the sum of (i) the Prepayment Price; and (ii) all Rent Payments and other amounts due or accrued through and including the Purchase Date. OR103198;1 13 0 Section 19. MUTUAL COVENANT REGARDING TAX - EXEMPT STATUS. The Lessee and the Lessor mutually covenant that neither will take any action nor omit to take any action with respect to this Lease, the Equipment leased hereunder, or any funds of the Lessee if such action or omission (i) would cause the interest component of the Rent to lose its exclusion from gross income for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code ") and applicable regulations, or (ii) would cause such interest component of the Rent to lose its exclusion (if any) from alternative minimum taxable income as defined in Section 55(b)(2) of the Code except to the extent such interest is required to be included in the adjusted net book income and adjusted current earnings adjustments applicable to corporations under Section 56 of the Code in calculating corporate alternative minimum taxable income, or (iii) would subject the Lessee to any penalties under Section 148 of the Code. Subject to the Lessee's right to terminate this Lease as provided herein, the foregoing covenant shall remain in full force and effect, notwithstanding the payment in full of the Rent, until the date on which all obligations of the Lessee in fulfilling the above covenant have been met. Section 20. EVENTS OF DEFAULT. The term "Event of Default ", wherever used herein, shall mean any of the following events, whatever the reason for such Event of Default and whether it shall be voluntary or involuntary, or come about or be effected by operation of law, or be pursuant to or in compliance with any judgment, decree or order of any court or any order, rule or regulation or any administrative or governmental body: (a) Lessee shall fail to make any payment of Rent when the same shall become due; or (b) Lessee shall fail to keep in full force and effect insurance required under this Lease; or (c) Lessee shall or shall attempt to (except as expressly permitted by the provisions of this Lease) remove, sell, transfer, encumber, part with possession of, assign or sublet the Equipment, or any part thereof, use the Equipment for an illegal purpose, or permit the same to occur; or (d) Lessee shall breach its covenant to return the Equipment upon an Event of Nonappropriation, or upon an Event of Default and Lessor's election to terminate this Lease; or (e) Lessee shall fail to perform or observe any covenant, condition or agreement not included within (a), (b), (c) or (d) above which is required to be performed or observed by it under this Lease or any agreement, document or certificate delivered by Lessee in connection herewith, and such failure shall continue for twenty (20) days after written notice thereof from Lessor to Lessee (or, if such default cannot be corrected within twenty (20) days, shall have failed to initiate and diligently pursue appropriate corrective action); or (f) any representation or warranty made by Lessee in this Lease or any agreement, document or certificate delivered by Lessee in connection herewith or pursuant hereto shall prove to have been incorrect in any material respect when any such representation or warranty was made or given (or, if a continuing representation or warranty, at any material time); or (g) Lessee shall generally fail to pay its debts as they become due or shall file a voluntary petition in bankruptcy; or (h) a petition is filed against Lessee in a proceeding under applicable bankruptcy laws or other insolvency laws (other than any law which does not provide for or permit any readjustment or alteration of Lessee's obligations hereunder in each case), as now or hereafter in effect, and is not withdrawn or dismissed within ninety (90) days thereafter, or if, under the provisions of any law (other than any law which does not provide for or permit any readjustment or alteration of Lessee's obligations hereunder in each case) OR103198; 1 14 providing for reorganization or liquidation of legal entities which may apply to Lessee; or (i) any court of competent jurisdiction shall assume jurisdiction, custody or control of Lessee or of any substantial part of its property and such jurisdiction, custody or control shall remain in force unrelinquished, unstayed or unterminated for a period of sixty (60) days; or 0) Lessee becomes insolvent. Section 21. REMEDIES. Whenever any Event of Default referred to in Section 20 hereof shall have happened and be continuing with respect to the Equipment, Lessor shall have the right, at its option and without any further demand or notice, and with or without terminating this Lease, to declare all Rent Payments due or to become due during the Fiscal Year in effect when the default occurs to be immediately due and payable by Lessee, whereupon such Rental Payments shall be immediately due and payable. If the Event of Default is Lessee's breach of its covenant to return the Equipment, Lessor shall be entitled to liquidated damages equal to the Rent Payments for the Equipment pro -rated on a daily basis for each day the Equipment is retained. Any judgment for damages shall be payable solely from legally available funds of the Lessee, and Lessor shall not have the power to require levies of ad valorem taxes in the future to pay Rent Payments. The remedies provided to Lessor herein shall be the sole and exclusive remedies exercisable by Lessor in an Event of a Default by Lessee hereunder. Lessor shall in no event have the right to involuntarily dispossess Lessee of the Equipment or title thereto. Lessor and Lessee do not intend to create a security interest in any Equipment. No delay or omission to exercise any right or remedy accruing hereunder shall impair any such right or remedy or shall be construed to be a waiver thereof, but any such right and remedy may be exercised from time to time and as often as may be deemed expedient. In order to entitle Lessor to exercise any remedy reserved to it in this Lease it shall not be necessary to give any notice, other than such notice as may be required in this Lease. In the event any agreement contained in this Lease should be breached by either party hereto, and thereafter such breach should be waived by the other party hereto, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other breach hereunder. In the event that there is an Event of Default and the nondefaulting party should employ attorneys and/or incur other expenses for the collection of moneys or the enforcement of performance or observance of any obligation or agreement on the part of the nondefaulting party herein contained, the defaulting party agrees that it will on demand therefor pay to the nondefaulting party the reasonable fee of such attorneys and/or such reasonable expenses so incurred by the nondefaulting Ply Whenever any Event of Default referred to in Section 20, Clause (a) hereof shall have occurred and be continuing with respect to the Equipment, Lessor shall have the right at its option and without any further demand or notice, to require a late payment charge for each thirty (30) day OR103198;1 15 period or part thereof during which such Event of Default occurs equal to one and one -half percent (1 1/2 %) of the delinquent amount, and Lessee shall be obligated to pay from funds legally available for such purpose, the same immediately upon receipt of Lessor's written invoice therefore, provided, however, that this provision shall not be applicable if or to the extent that the application thereof would affect the validity of this lease. Section 22. ESCROW AGREEMENT; TRUST FUND. To the extent approved by Lessor and Lessee, sums advanced by Lessor for the acquisition of Equipment may be funded through use of an escrow agent. All aspects of any such arrangement shall be subject to the prior approval of Lessor including, but not by way of limitation, selection of the escrow agent and the procedures for disbursements. Lessee agrees that any such escrow agent may be an affiliate of Lessor, provided that only the customary escrow fees are charged by such affiliate. All costs incurred in connection with any such escrow shall be paid by Lessee. For the initial funding hereunder as reflected in the Schedule of Terms dated April 26, 2001, and for future fundings, if approved by Lessor and Lessee, Lessor shall deposit funds with Lessee to be applied by Lessee to acquire Equipment. Such funds shall be held by Lessee in a segregated account at a financial institution or trust company and applied to acquire Equipment upon delivery to Lessor of those items required by Sections 2(b)(1), (4),(5), (9), (11) and (12) hereof. Any balance remaining in such fund after the date which is two (2) years after the deposit of funds therein shall be applied to pay scheduled Rent Payments until fully expended. Section 23. EXECUTION AND LAWS GOVERNING VENUE. This Lease and each of the exhibits hereto shall be binding only when accepted by the Lessor at its Orlando, Florida office and shall be construed and governed by the Laws of the State of Florida. As part of the consideration for the Lessor's executing this Lease, Lessee agrees that all actions or proceedings arising directly or indirectly from this Lease shall be litigated only in courts having its situs within Orange County, Florida, and Lessee hereby consents to the jurisdiction of that court and waives any rights to the selection of venue. Section 24. MISCELLANEOUS. (a) Any cancellation or termination by Lessor, pursuant to the provisions of this Lease, any exhibit, supplement or amendment hereto, or the release of the Equipment hereunder, shall not release Lessee from any then outstanding obligations to Lessor hereunder. All exhibits, certificates, consents and other attendant documents referenced herein are incorporated herein by reference. (b) Time is of the essence. Lessor's failure at any time to require strict performance by Lessee of any of the provisions hereof shall not waive or diminish Lessor's right thereafter to demand strict compliance therewith. OR103196;1 16 c All notices certificates or other communications hereunder under shall be in writing and deemed given when delivered or mailed by certified or registered mail, postage prepaid, to the respective addresses set forth in the Schedule of Ter-Ms. The Lessee and the Lessor may designate by written notice any further or different addresses to which subsequent notices, certificates or other communication shall be sent. (d) If the date for making any payment or the last day for performance of any act or the exercising of any right, as provided in this Lease, shall be a legal holiday, or a day on which banking institutions in the city in which the principal office of the Lessor or the assignee of the Lessor is located are authorized by law to remain closed, such payment may be made, or act performed, or right exercised on the next succeeding day not a legal holiday or a day on which such banking institutions are authorized by law to remain closed, with the same force and effect as if done on the date otherwise specified herein. (e) In the event that any provision of the Lease (other than the requirement of (i) the Lessee to make Rent Payments; (ii) the Lessor to provide quiet enjoyment of the Equipment; and (iii) the Lessee to convey the Equipment to the Lessor under the conditions set forth herein) shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Any provisions in this Lease which are in conflict with any statute, law or applicable rule shall be deemed omitted, modified or altered to conform thereto. (f) This Lease may be executed simultaneously in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. (g) The substantive law, but not the choice of law rules, of the State of Florida, and rules and regulations issued pursuant thereto, shall be applied in the interpretation and enforcement hereof. (h) The captions and headings herein are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Lease. (i) The signatories affirm that to their knowledge, no employee of the Lessee has any personal or beneficial interest whatsoever in the acquisition of the Equipment. 0) This Lease constitutes the entire agreement of the parties with respect to the subject matter hereof. NO VARIATION OR MODIFICATION OF THIS LEASE, OR ANY WAIVER OF ANY OF ITS PROVISIONS OF CONDITIONS, SHALL BE VALID UNLESS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EACH OF THE PARTIES HERETO. Any such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations or warranties, express or implied, not stated hereunder. No variation or modification OR103198;1 17 • of this Lease, or waiver of any of its provisions or conditions shall be valid after assignment by either party unless approved by assignee. IN WITNESS WHEREOF, Lessee and Lessor have caused this Lease to be executed by their duly authorized representatives as of the date first above written. LESSOR: KISLAK NATIONAL BANK By: Denise Beauchamp, Senior Vice President LESSEE: CITY OF PALM BEACH GARDENS, FLORIDA By: Joseph R. Russo, Mayor ATTESTED: Carol Gold, MMC, City Clerk (SEAL) OR103198;1 18 • EXHIBIT A TO MASTER LEASE - PURCHASE AGREEMENT SCHEDULE "A" DESCRIPTION OF EQUIPMENT This Description of Equipment is executed and delivered pursuant to Section 2 of the Master Lease - Purchase Agreement dated as of April 26, 2001 (the "Lease "), between KISLAK NATIONAL BANK ( "Lessor ") and the CITY OF PALM BEACH GARDENS FLORIDA ( "Lessee "). The Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the Equipment described below, pursuant to the terms of the Lease, the terms of which are incorporated herein by reference, a Rental Payment Amortization Schedule executed by Lessor and Lessee dated April 26, 2001 and a Schedule of Terms dated April 26, 2001. Vehicle Chevrolet Tahoe Chevrolet Tahoe Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Ford Crown Victoria Total Dated this 26th day of April, 2001. LESSOR: KISLAK NATIONAL BANK WA By: Denise Beauchamp, Senior Vice President OR103196;1 Cost $251,832 LESSEE: CITY OF PALM BEACH GARDENS, FLORIDA By: Kent R. Olson, Finance Director • EXHIBIT B TO MASTER LEASE - PURCHASE AGREEMENT RENTAL PAYMENT AMORTIZATION SCHEDULE SCHEDULE "A" SEE ATTACHED SCHEDULE This Rental Payment Amortization Schedule is delivered pursuant to Section 2 of the Master Lease - Purchase Agreement dated as of April 26, 2001, between KISLAK NATIONAL BANK as Lessor, and the CITY OF PALM BEACH GARDENS, FLORIDA, as Lessee. Dated this 26TH day of April, 2001. LESSOR: LESSEE: KISLAK NATIONAL BANK CITY OF PALM BEACH GARDENS, FLORIDA By: - Denise Beauchamp, Senior Vice President Kent R. Olson Finance Director KISLAK NATIONAL BANK 7900 MIAMI LAKES DRIVE WEST MIAMI LAKES, FL 33016 04/02/2001 Page 1 City of Palm Beach Gardens Vmpound Period .......: Annual Nominal Annual Rate ...: 5.700 % Effective Annual Rate ..: 5.700 % Periodic Rate ..............: 5.7000 % Daily Rate ...................: 0.01562% CASH FLOW DATA • Event Start Date Amount Number Period End Date 1 Loan 04/26/2001 251,832.00 1 2 Payment 04/26/2002 93,690.36 3 Annual 04/26/2004 AMORTIZATION SCHEDULE - Normal Amortization Date Payment Interest Principal Balance Loan 04/26/2001 251,832.00 2001 Totals 0.00 0.00 0.00 1 04/26/2002 93,690.36 14,354.42 79,335.94 172,496.06 2002 Totals 93,690.36 14,354.42 79,335.94 102 04/26/2003 93,690.36 9,832.28 83,858.08 88,637.98 2003 Totals 93,690.36 9,832.28 83,858.08 3 04/26/2004 93,690.36 5,052.38 88,637.98 0.00 2004 Totals 93,690.36 5,052.38 88,637.98 Grand Totals 281,071.08 29,239.08 251,832.00 • EXHIBIT C TO MASTER LEASE - PURCHASE AGREEMENT SCHEDULE "A" CERTIFICATE OF ACCEPTANCE This Certificate is given pursuant to the MASTER LEASE - PURCHASE AGREEMENT dated as of April 26, 2001 (the "Lease "), between KISLAK NATIONAL BANK, as lessor (the "Lessor ") and the CITY OF PALM BEACH GARDENS, FLORIDA, as lessee (the "Lessee "). A. The Equipment. Lessee hereby certifies that the Equipment as set forth and described in the attachments hereto has been delivered to Lessee, inspected by Lessee, found to be in good order and fully equipped to operate as required under applicable law for its intended purpose, and is, on the date set forth below, new and unused and fully and finally accepted under the Lease. B. Representations by Lessee. Lessee hereby represents and warrants to Lessor that on the date hereof- (1) the representations and warranties of Lessee set forth in the Lease and all certificates and opinions delivered in connection therewith were true and correct in all respects when made and are true and correct as of the date hereof. (2) Lessee has satisfied or complied with all conditions precedent and requirements set forth in the Lease, and the Commitment Letter (if any), which are required to be or to have been satisfied or complied with on or prior to the date hereof. (3) No Default or Event of Default under the Lease has occurred and is continuing on the date hereof. (4) Lessee has obtained, and there are in full force and effect, such insurance policies with respect to the Equipment, as such term is defined in the Lease, as are required to be obtained under the terms of the Lease or is self - insured as permitted under the Lease. Date of Delivery and Acceptance: , 2001. CITY OF PALM BEACH GARDENS, FLORIDA Kent R. Olson is Finance Director . • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 04/09/01 Meeting Date: 04/19/01 Subject/Agenda Item Resolution 65, 2001, approving a County Incentive Grant Agreement with the Florida Department of Transportation and Palm Beach County for the Burns Road improvements. Recommendation /Motion: Consider a motion to approve Resolution 65, 2001. Reviewed Originating Dept.: Costs: $ Council Action: City Attom y Finance (Total) [ ] Approved $ [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Attachments: Other Date: [ ]Operating Paper: [ ] Not Required [. ] Other Memorandum Submitted by: Kent R. Olson Finance Director Affected parties [ ]Notified Budget Acct. #: [ ] None Appr d by Ci Manaijer [ X ] Not required BACKGROUND: See attached memorandum. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: April 9, 2001 FROM: Kent R. Olson, Finance Director * 0 SUBJECT: Resolution 65, 2001— County Incentive Grant Agreement for Burns Road BACKGROUND Last September, the City applied for a County Incentive Grant to provide additional funding for the cost of improving Burns Road. Subsequently, we received approval of our grant application from both the County and the Florida Department of Transportation. Since the County Incentive Grant Program requires County approval, the grant agreement for the Burns Road project requires the approval of the City of Palm Beach Gardens, Palm Beach County and the Florida Department of Transportation (FDOT). DISCUSSION Resolution 65, 2001 authorizes the City to enter into the County Incentive Grant Program Agreement with Palm Beach County and the FDOT. The Agreement is structured so that the City will deal directly with the FDOT to secure the grant monies and not have to use the County as a conduit. The City will invoice the FDOT on a monthly basis, including the appropriate supporting documentation, and will be reimbursed by FDOT. The Agreement includes the standard language used by the FDOT in all of its contracts, though we were able to make some minor revisions that were requested by City Attorney Len Rubin. RECOMMENDATION Staff recommends approval of Resolution 65, 2001, authorizing the Mayor and City Clerk to execute a County Incentive Grant Program Agreement with Palm Beach County and the FDOT for the Burns Road improvements. • 0 RESOLUTION 65, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COUNTY INCENTIVE GRANT PROGRAM AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION AND PALM BEACH COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in conjunction with the improvements to Burns Road, the Florida Department of Transportation ( "FDOT ") has awarded a County Incentive Grant to help finance said improvements; and WHEREAS, FDOT has requested that the County and City enter into a Joint Participation Agreement outlining the responsibilities of each party with respect to the County Incentive Grant Program for the Burns Road improvements; and WHEREAS, the City Council has determined execution of the County Incentive Grant Program Agreement to be in the best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: 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 the County Incentive Grant Program Agreement, copies of which are 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. • • • INTRODUCED, PASSED AND ADOPTED this 19th day of April, 2001. ATTEST: CAROL GOLD, MMC, 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 & KLE TT, P.A. CITY ATTORNEY AYE NAY ABSENT �T7 TTU Form 525- 010-41 EXHIBIT A OGC - POLICY PLANNING 1 of 9 Catalog of State Financial Assistance No. 55.008 Financial Project No.: 409703- 1 -54 -01 COUNTY: Palm Beach STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION COUNTY INCENTIVE GRANT PROGRAM AGREEMENT This is an Agreement by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT ", and Palm Beach County, hereinafter referred to as the "COUNTY ", and the City of Palm Beach Gardens, hereinafter referred to as the "CITY". WITNESSETH WHEREAS, the DEPARTMENT has the authority, under Section 334.044, Florida Statutes, to enter into this Agreement; and WHEREAS, the County Incentive Grant Program has been created by Section 339.2817, Florida Statutes, to provide grants to counties to improve a transportation facility which is located 10 on the State Highway System or which relieves traffic congestion on the State Highway System; and WHEREAS, the COUNTY has certified to the DEPARTMENT that it has met the eligibility requirements of said Section 339.2817, Florida Statutes; and WHEREAS, the DEPARTMENT is willing to provide the COUNTY with financial assistance under Financial Project No. 409703- 1 -54 -01 for the widening of Burns Road from Military Trail to Prosperity Farms Road from two to four lanes, hereinafter referred to as the "PROJECT," in accordance with Section 339.2817, Florida Statutes; and WHEREAS, the COUNTY is willing to assign all of its interests and obligations, financial and otherwise, in the oversight and management of the PROJECT to the CITY; and WHEREAS, the COUNTY by Resolution No. dated the day of _ , , a copy of which is attached hereto and made a part hereof, has authorized the Chairman of its Board of Commissioners to enter into this Agreement. WHEREAS, the CITY by Resolution No. dated the day of , a copy of which is attached hereto and made a part hereof, has authorized the Mayor of its City Council to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations contained herein, the parties agree as follows: • Form 525 -010 -41 OGC - POLICY PLANNING 2 of 9 1- SERVICES AND PERFORMANCE A. The CITY shall furnish the services with which to construct the PROJECT. Said PROJECT consists of: design, right of way acquisition, landscape, construction and construction engineering inspection. B. The CITY agrees to undertake the construction of the PROJECT in accordance with all applicable federal, state and local statutes, rules and regulations, and standards. The CITY shall be responsible for obtaining clearances/permits required for the construction of the PROJECT from the appropriate permitting authorities. Upon completion of the PROJECT, the CITY shall certify to the DEPARTMENT that the PROJECT has been completed in accordance with the applicable standards, statutes, rules and regulations in writing. C. The DEPARTMENT will be entitled at all times to be advised, at its request, as to the status of work being done by the CITY and of the details thereof. Coordination shall be maintained by the CITY with representatives of the DEPARTMENT. CITY shall provide the DEPARTMENT with quarterly progress reports. D. i) For projects located on the State Highway System, the DEPARTMENT must approve any consultant and/or contractor scope of services including project budget. CITY shall obtain DEPARTMENT approval of plans and specifications prior to bidding the project. This provision applies only to projects located on the State Highway System. ii) The CITY must certify that the consultant has been selected in accordance with the Consultants Competitive Negotiation Act (Section 287.055, Florida Statutes). Contractor must be pre - qualified by the DEPARTMENT as required by Section 2 of the Standard Specification for Road and Bridge Construction (2000), as amended. E. The CITY shall not sublet, assign or transfer any work under this Agreement without prior written consent of the DEPARTMENT. F. All notices under this Agreement shall be directed to the following addresses: TO DEPARTMENT: Josephine Softy 3400 W. Commercial Boulevard Ft. Lauderdale, Florida 33309 2 -TERM TO CITY: Mr. Ronald M. Ferris, City Manager 10500 North Military Trail Palm Beach Gardens, FL 33410 A. The CITY shall perform the PROJECT activities in accordance with the following schedule: a) Design to be completed on or before January 1, 2002. b) Construction contract to be let on or before July 1, 2002. Form 525- 010-41 OGC - POLICY PLANNING 3 of 9 0 c) Construction to be completed on or before December 31, 2005. B. This Agreement shall not be renewed. Any extension shall be in writing and executed by both parties, and shall be subject to the same terms and conditions set forth in this Agreement. 3- COMPENSATION AND PAYMENT A. The parties agree that the estimated total project costs are $11,100,000. The parties further agree that the DEPARTMENT'S maximum participation is $3,885,000 and all remaining costs of the project will be borne by the CITY. i) The CITY shall submit one invoice (4 copies) plus supporting documentation required by the DEPARTMENT to the Project Manager for approval and processing: _X_- monthly, or - quarterly, or - once the PROJECT has been accepted by the CITY and approved by the DEPARTMENT. ii) Any provisions for an advance payment are provided in Exhibit "A" attached to this agreement. iii) In the event the CITY proceeds with the design, construction and construction engineering inspection services (CEI) of the PROJECT with its own forces, the CITY will only be reimbursed for direct costs (this excludes general and administrative overhead). iv) All costs charged to the PROJECT shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. B. Payment shall be made only after receipt and approval of goods and services unless advance payments are authorized by the Department's Comptroller under Section 334.044 (29), Florida Statutes. C. If this contract involves units of deliverables, then such units must be received and accepted in writing by the Contract Manager prior to payments. D. The DEPARTMENT's obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. E. Bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre -audit and post -audit thereof. F. Travel costs will not be reimbursed. 0 G. A Vendor Ombudsman has been established within the Department of Banking and Form 525 - 01041 OGC - POLICY PLANNING 4 of 9 Finance. The duties of this individual include acting as an advocate for contractors /vendors who may be experiencing problems in obtaining timely payments(s) from a state agency. The Vendor Ombudsman may be contacted at (850) 410 -9724 or by calling the State Comptroller's Hotline, 1- 800- 848 -3792. H. Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the DEPARTMENT at all times during the period of this Agreement and for three years after final payment is made. Copies of these documents and records shall be furnished to the DEPARTMENT upon request. Records of costs incurred includes the CITY's general accounting records and the project records, together with supporting documents and records of the CITY and all subcontractors performing work on the project, and all other records of the CITY and subcontractors considered necessary by the.DEPARTMENT for a proper audit of costs. I. The DEPARTMENT, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The DEPARTMENT shall require a statement from the Comptroller of the DEPARTMENT that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding one year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years. Accordingly, the State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature. J. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. 4- INDEMNITY AND INSURANCE A. i) To the extent allowed by Section 768.28, Florida Statutes, the COUNTY, and CITY hereby agree to indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liabilities of any nature whatsoever arising out of, because of, or due to breach of this Agreement by the COUNTY or CITY, its officers, agents, employees, contractors /subcontractors, consultants/subconsultants or due Form 525- 010-41 OGC - POLICY PLANNING 5 of 9 to any negligent act or occurrence of omission or commission of the COUNTY, or CITY, its officers, agents, employees, contractors /subcontractors, consultants/subconsultants. Neither COUNTY, nor CITY, nor any of its officers, agents, employees, contractors/subcontractors, consultants /subconsultants will be liable under this section for the negligence of the DEPARTMENT or any of its officers, agents or employees. ii) The CITY agrees to include the following indemnification in all contracts with contractors/subcontractors, consultants / subconsultants, who perform work in connection with this Agreement: "The contractor /consultant shall indemnify, defend, save and hold harmless the DEPARTMENT and all of its officers, agents or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the contractor, its officers, agents or employees. Neither the contractor /consultant, nor any of its officers, agents or employees will be liable under this section for damages arising out of injury or damage to persons or property directly caused or resulting from the sole negligence of the DEPARTMENT or any of its officers, agents or employees." B. LIABILITY INSURANCE. The CITY shall carry and keep in force during the period of this Agreement a general liability insurance policy or policies with a company or companies authorized to do business in Florida, affording public liability insurance with combined bodily injury limits of at least $100,000 per person and $300,000 each occurrence, and property damage insurance of at least $50,000 each occurrence, for the services to be rendered in accordance with this Agreement. In addition to any other forms of insurance or bonds required under the terms of the agreement, when it includes construction within the limits of a railroad right -of -way, the CITY must provide or cause its contractor to provide insurance coverage in accordance with Section 7 -13 of the DEPARTMENT's Standard Specification for Road and Bridge Construction (2000), as amended. C. WORKER'S COMPENSATION. The CITY shall also carry and keep in force Worker's Compensation insurance as required for the State of Florida under the Worker's Compensation Law. 5- COMPLI4,NCE WITH LAWS A. The CITY shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CITY in conjunction with this Agreement. Failure by the CITY to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the DEPARTMENT. B. The CITY shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of Form 525- 010 -41 OGC - POLICY PLANNING 6 of 9 race, color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch, or a state agency. D. The CITY and the DEPARTMENT agree that the CITY, its employees, and subcontractors are not agents of the DEPARTMENT as a result of this Contract for purposes other than those set out in Section 337.274, Florida Statutes. E. Recipients of state funds are to have audits done annually using the following criteria. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding state agency. In the event that a recipient expends $300,000 or more in State awards during its fiscal year, the recipient must have a state single or program specific audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General. If a recipient expends less than $300,000 in State awards during its fiscal year, an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General is not required. If a recipient expends less than $300,000 in State awards during its fiscal year and elects to have an audit conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General, the cost of the audit must be paid from non -State funds. Reporting Packages and management letters generated from audits conducted in accordance with Section 215.97, Florida Statutes, and Chapter 10.600, Rules of the Auditor General shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The afore mentioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Project records shall be retained and available for at least 3 years from the date the audit report is issued. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit workpapers shall be given FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Financial Reporting Package of audits conducted in accordance with Section 215.97, Florida Form 525 - 010-41 OGC - POLICY PLANNING 7 of 9 Statutes, and Chapter 10.600, Rules of the Auditor General shall be sent to: State of Florida Auditor General Attn: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, FL 32302 -1450 6- TERMINATION AND DEFAULT A. This Contract may be canceled by the DEPARTMENT in whole or in part at any time the interest of the DEPARTMENT requires such termination. The DEPARTMENT also reserves the right to seek termination or cancellation of this Agreement in the event the CITY shall be placed in either voluntary or involuntary bankruptcy. The DEPARTMENT further reserves the right to terminate or cancel this Agreement in the event an assignment is made for the benefit of creditors. This Contract may be canceled by the CITY upon (60) days written notice to the DEPARTMENT. B. If the DEPARTMENT determines that the performance of the CITY is not satisfactory, the DEPARTMENT shall have the option of (a) immediately terminating the Agreement, or (b) notifying the CITY of the deficiency with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. C. If the DEPARTMENT requires termination of the Agreement for reasons other than unsatisfactory performance of the CITY, the DEPARTMENT shall notify the CITY of such termination, with instructions to the effective date of termination or specify the stage of work at which the Agreement is to be terminated. D. If the Agreement is terminated before performance is completed, the CITY shall be paid only for that work satisfactorily performed for which costs can be substantiated. Such payment, however, may not exceed an amount which is the same percentage of the contract price as the amount of work satisfactorily completed is a percentage of the total work called for by this Agreement. All work in progress will become the property of the DEPARTMENT and will be turned over promptly by the CITY. 7- MISCELLANEOUS A. All words used herein in the singular form shall extend to and include the plural. All words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 0 B. The DEPARTMENT shall not be obligated or liable hereunder to any party other • Form 525 -010 -41 OGC - POLICY PLANNING 8 of 9 than the CITY. C. In no event shall the making by the DEPARTMENT of any payment to the CITY constitute or be construed as a waiver by the DEPARTMENT of any breach of covenant or any default which may then exist, on the part of the CITY, and the making of such payment by the DEPARTMENT while any such breach or default exists shall in no way impair or prejudice any right or remedy available to the DEPARTMENT with respect to such breach or default. D. This document incorporates and includes all prior negotiations, correspondence, conversations, agreements, or understandings applicable to the matters contained herein, and the parties agree that there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated upon any prior representation or agreements whether oral or written. It is further agreed that no modification, amendment or alteration in the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. E. . If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or by any other legally constituted body having the jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect provided that the part of this Agreement thus invalidated or declared unenforceable is not material to the untended operation of this Agreement. F. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Venue of any judicial proceedings arising out of this Agreement shall be in Palm Beach County, Florida. G. This Agreement shall be effective upon execution by both parries and shall continue in effect and be binding on the parties until the PROJECT is completed and accepted and payment made by the DEPARTMENT or terminated in accordance with Section 6. H. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity. • Form 525 - 010-41 OGC - POLICY PLANNING 9 of 9 IN WITNESS WHEREOF, the COUNTY has caused this Agreement to be executed in its behalf this day of , by the Chairman of the Board of Commissioners, authorized to enter into and execute same by Resolution Number of the Board on the day of , the CITY has caused this Agreement to be executed in its behalf this _ _ day of ' by the Mayor of the City Council, authorized to enter into and execute same by Resolution Number of the Board on the day of , and the DEPARTMENT has executed this Agreement through its District Secretary for District , Florida Department of Transportation, this day of PALM BEACH COUNTY, FLORIDA ATTEST: (SEAL) CLERK BY: CHAIRMAN, BOARD OF COUNTY COMMISSIONERS CITY of PALM BEACH GARDENS, FLORIDA ATTEST: (SEAL) BY: CLERK MAYOR, CITY COUNCIL STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ATTEST: (SEAL) EXECUTIVE SECRETARY NAME: BY: DISTRICT SECRETARY DISTRICT DOT Legal Review: Availability of Funds Approval: (Date) Exhibit A PROVISIONS FOR ADVANCED PAYMENTS (If Applicable) (Reference section 3 A. ii, in agreement) A. The DEPARTMENT agrees to pay an amount of $582,750 which is equal to 15% of the DEPARTMENT'S maximum participation of the estimate of the cost of the project. B. The advanced amount shall be paid to the CITY after execution of this agreement and within the fiscal year of the project funding in the DEPARTMENT'S Adopted Work Program as of the date of execution. C. The amount advanced after execution shall be applied toward latter months payments or at the completion of the project. D. The CITY will submit an invoice for the advance. • • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 19, 2001 Date Prepared: April 9, 2001 SUBJECT /CONSENT AGENDA ITEM Resolution 66, 2001- Approval of Concurrent Processing of the applications by Florida Power and Light Company for a text amendment to the Land Development Regulations and a Planned Unit Development. RECOMMENDATION Staff recommends approval of Resolution 66, 2001. Reviewed by: Originating Dept.: Costs: $ Total Council Action: City Attorney Finance N/A Growth Management $ [ l Approved [ ] Approved w/ Current FY conditions ACM [ ] Denied Human Res. N/A Funding Source: [ ] Continued to: Advertised: Other N/A Date: [ ] Operating Attachments: Paper: P [X] Not Required [ ]Other Resolution 66, 2001 Location Map S itte by / Growth Manaieement Affected parties Budget Acct. #:: Director otified [ ] None Ap d 1 i an er [X] Not required REQUEST Urban Design Studio, agent for Florida Power and Light Company, is requesting approval for the concurrent processing of a Text Amendment to the Land Development Regulations application and a petition for a Planned Unit Development approval for a minor utility substation within the PGA Boulevard Corridor Overlay District. The site is located on the north side of PGA Boulevard, approximately two miles west of Florida's Turnpike. (3- 42S -42E) • City Council Meeting Date: April 19, 2001 Date Prepared: April 9, 2001 Petition MISC -01 -10 DETAILS OF REQUEST The Text Amendment to the Land Development Regulations to allow minor utility substations within the PGA Boulevard Corridor Overlay District will require that Section 105. PGA Boulevard Overlay Corridor (d)(1)b.1, be amended to read as follows (proposed amendment underlined): 1. "Permitted uses shall consist of specialty retail, corporate office complexes, campus industrial parks, community - serving public facilities, minor utility substations, and residential uses. In addition, automobiles may be leased stored as an accessory use to approved hotels, and boats may be stored as an accessory use to approved marinas." It is the applicant's position that the addition of minor utility substations to the PGA Boulevard Corridor Overlay District will assist in the distribution of continued and essential utility services for existing and future development along the corridor. According to the applicant, this is consistent with the provision of the Seacoast Utility Authority substation along the PGA Boulevard Corridor just west of the FEC railway and north of PGA Boulevard. Section 21(b) of the City's Land Development Regulations states that the City Council may accept concurrent processing of the above - mentioned applications only if the applicant can show compliance with the following criteria: (1) The application for approval of the amendment has not received an objection from a neighboring jurisdiction that has been raised through the development review committee process. (2) The application for approval of the amendment complies with adopted level of service standards and complies with the City's concurrency requirements. (3) The concurrent processing will benefit the City and will not cause an undue burden or adverse impact to the City. Section 21(c) of the City's Land Development Regulations further states that, "[I]f at any time during the concurrent processing an applicant fails to satisfy any of the criteria of this section, such as the filing of an objection with the City, then concurrent processing shall immediately cease. The applicant is responsible at all times to comply with the requirements and criteria for concurrent processing and bears all risks for failure of an application to proceed in a timely fashion." City Council Meeting Date: April 19, 2001 Date Prepared: April 9, 2001 Petition MISC -0140 The Planned Unit Development application request is to allow for the development of a Florida Power and Light minor electrical, unmanned substation on a 9.3 -acre site. This petition would involve the review of the site plan details, proposed elevations, and landscape plan for the facility. Staff has reviewed this request for concurrent processing and has determined that it meets all the requirements set forth in Section 21. Staff is recommending approval of this concurrent processing petition. hackie: MISC0110.cc • 0 3 • RESOLUTION 66, 2001 Prepared 4/9/01 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF CONCURRENT PROCESSING OF APPLICATIONS SUBMITTED BY FLORIDA POWER AND LIGHT COMPANY FOR A TEXT AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO ALLOW MINOR UTILITY SUBSTATIONS WITHIN THE PGA BOULEVARD CORRIDOR OVERLAY DISTRICT AND A PLANNED UNIT DEVELOPMENT APPLICATION FOR PROPERTY LOCATED ON THE NORTH SIDE OF PGA BOULEVARD APPROXIMATELY TWO MILES WEST OF FLORIDA'S TURNPIKE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Growth Management Department has received applications from Florida Power and Light for approval of a Text Amendment to the Land Development Regulations and a Planned Unit Development; WHEREAS, Section 21, Concurrent Processing, of the City's Land Development Regulations prohibits the Growth Management Department from accepting or processing concurrent applications for a Text Amendment and a Rezoning to a Planned Unit Development; WHEREAS, Section 21 also provides that City Council may waive the requirements or prohibitions of said section if an applicant can determine compliance with the criteria of Section 21(b); and WHEREAS, the City Council has determined that the concurrent review of the Text Amendment to the Land Development Regulations to allow minor utility substations within the PGA Boulevard Corridor Overlay District and Rezoning to a Planned Unit Development application will result in a more comprehensively planned project in this instance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council hereby consents to the concurrent review of concurrent processing of applications submitted by Florida Power and Light Company for a text amendment to the Land Development Regulations to allow minor utility substations within the PGA Boulevard Corridor Overlay District and Rezoning to a Planned Unit Development. Section 2. This Resolution shall be effective upon adoption. • Resolution 66, 2001 Meeting Date: April 19, 2001 Date Prepared: April 6, 2001 Petition MISC -0 1 -10 INTRODUCED, PASSED AND ADOPTED THIS DAY OF APRIL 19, 2001. ATTEST: CAROL GOLD, CITY CLERK 0 VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILPERSON SABATELLO COUNCILPERSON FURTADO COUNCILPERSON CLARK jgh G: jackie /misc0110 reso • JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY: LEONARD RUBIN, CITY ATTORNEY AYE NAY ABSENT • 4 / NL ",%& I NORTH PALM BEACH .".0hG 1UNITY ATRPOR „ I 14 � 31 R41E N Q R42E v SITE—. 6 pINN 2 1 PACE L le r Oq T N 1 � I I PL SUBSTAT ALM BEACH GARDENS, FL s V4 ,OCATION MAP I Vlr 4 lzzz C'tY at PB. Gardens FEB' 8 2001 Gkl,vklH MANAGEMENT DEPARTMENT 34 �lj ru- ,—L%j:j&�Ea .wwCIE COY! ..�Y•T•Nl,.O. Scale: NTS UDS Job #: 00- 006.00 Date: December 11, 2� i CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • • Meeting Date: April 19, 2001 Date Prepared: April 4, 2001 SUBJECT /AGENDA ITEM Public Hearing and First Reading of Ordinance 8, 2001, concerning a small -scale Future Land Use Map amendment to assign a land -use designation of Commercial to a 0.7 -acre parcel located immediately south of the Prosperity Center at the southeast corner of Prosperity Farms Road and PGA Boulevard. RECOMMENDATION Staff recommends approval of Ordinance 8, 2001, on First Reading and to schedule a Public Hearing and Second Reading on May 17, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ [ 1 Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA — Advertised: Funding Source: [ ] Continued to: Date: Yes [ ] Operating Attachments: Paper: P B Post P { ]Other • Ordinance 8, 2001 . Location map [X] Required • Staff comments S} �b �� ittffd bp. Growth Management Affected parties Budget Acct. #:: Director X] Notified [ ] None Ap d Icy: ana ,g ar [] Not required City Council Meeting Meeting Date: April 19, 2001 Date Prepared: March 26, 2001 Petition: LU -00 -03 REQUEST: Urban Design Studio, agent for Prosperity Shopping Center Corporation, is proposing a small -scale amendment to the City's Future Land Use Map. The amendment changes the current Palm Beach County land -use designation of the subject parcel from Low Residential -3 to Palm Beach Gardens Commercial. The applicant has requested a voluntary annexation and a land -use change for the 0.7 -acre parcel, which is located immediately south of the Prosperity Center shopping center at the southeast corner of Prosperity Farms Road and PGA Boulevard. BACKGROUND: The subject parcel is currently a vacant nursery. The petitioner is requesting the annexation (addressed in a separate petition) and the land -use change of the subject parcel in order to incorporate it into the Prosperity Center for the purpose of using the property to provide additional and much needed parking for the existing shopping center. LAND USE COMPATIBILITY WITH SURROUNDING AREA: The subject parcel is surrounded by properties whose land -use designations consist of Commercial to the north, Low Residential -3 (Palm Beach County designation) to the east and south and Professional Office to the west. These uses are compatible with the proposed Commercial land -use change, provided adequate setbacks and buffering standards are implemented during the site plan review stage. The City's Land Development Regulations requires that residential areas are buffered and screened from adjacent existing or planned commercial activities. COMPATIBILITY WITH THE VISION PLAN: The City's Vision Plan serves as a land -use guide for all land -use designation changes in the City. The subject site is currently not on the Vision Plan, since it is not under the jurisdiction of the City. However, the site is compatible with the Prosperity Center to which it will incorporate. HISTORICAL AND ARCHEOLOGICAL RESOURCES: No historical and /or archeological resources have been identified on site, according to the applicant. ENVIRONMENTAL ISSUES AND LAND SUITABILITY FOR PROPOSED LAND -USE: The Vegetation Assessment Statement provided by the applicant states that there are no habitats for species listed by federal, state, or local agencies as endangered, threatened or species of special concern. In addition, the site does not contain any flora or fauna whose protection is mandated by the City's Comprehensive Plan. 2 City Council Meeting Meeting Date: April 19, 2001 Date Prepared: March 26, 2001 Petition: LU -00 -03 MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND -USE DESIGNATION: The maximum development potential allowed under the existing land -use designation of Palm Beach County's Low Residential -3 is two (2) dwelling units. This is based on the total acreage of the site, which is 0.7 acres. The potential impacts of development under the existing land -use designation are estimated in Table 1 below. Table 1: POTENTIAL IMPACTS UNDER CURRENT LAND -USE OF RESIDENTIAL Max. Max. External Recreation/ Sanitary Potable Solid Development Density /Intensity Trips Parks Sewer Water Waste Potential Two dwelling 3 du /ac 20 Daily N/A Adequate Adequate Adequate units I trips capacity capacity capacity MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION: The maximum development potential allowed under the proposed land use designation of Commercial is 22,198 square feet of commercial retail, based on a maximum intensity of 35% lot coverage and a 36 -foot height limit. The potential impacts of development under the proposed land use designation are estimated in Table 2 below. Table 2: POTENTIAL IMPACTS UNDER PROPOSED LAND -USE OF COMMERCIAL Max. Max. External Recreation/ Sanitary Potable Solid Development Density /Intensity Trip Parks Sewer Water Waste Potential 22,198 sq. ft. 35% Lot coverage 1,600 Daily N/A Adequate Adequate Adequate of commercial I trips capacity capacity capacity The trip generation analysis for the subject parcel reflects that there will be a net of 1,580 external trips that potentially could be added to existing traffic on potentially impacted roadways near the site. The applicant provided a traffic analysis of roadways within the zone of potential impact, as defined by the Countywide Traffic Performance Standards Ordinance. The analysis did not show any significant impacts on these roadways. LEVEL OF SERVICE STANDARDS: The impact analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, police and fire services, and traffic. The traffic analysis demonstrates that the land -use change would result in the addition City Council Meeting Meeting Date: April 19, 2001 Date Prepared: March 26, 2001 Petition: LU -00 -03 of 1,580 daily trips. The subject project's trip assignment rates are 22% and 33% on PGA Blvd. and Prosperity Farms Road, respectively. The potentially impacted segment on PGA Blvd. is from Prosperity Farms Road to Ellison Wilson Road. The potentially impacted segment on Prosperity Farms Road is from PGA Blvd. to RCA Blvd. The City's traffic engineer has indicated that the proposed amendment will not degrade the LOS of any segment within the zone of potential impact. The traffic analysis demonstrates a high likelihood that there will not be significant impacts on these segments. The City's traffic engineer concurs with the analysis and conclusions of the traffic study. NEARBY LOCAL GOVERNMENT COMMENTS /OBJECTIONS: The Palm Beach County Intergovernmental Plan Amendment Review Committee (IPARC) has reviewed the proposed amendment and has raised no objections. Staff has not received any objections or adverse comments regarding this proposed amendment from City residents as well. In addition, the Village of North Palm Beach and Palm Beach County have been individually notified of the proposed amendment and annexation. During the public hearing held by the Local Planning Agency on December 7, 2000, a few county residents raised concerns regarding drainage issues (flooding) currently existing on site. However, this issue needs to be addressed at the site plan review stage. At this time, the applicant is required to provide evidence that the drainage system of the site would comply with the adopted LOS for drainage, per Policy 4.C.1.1.3 of the Infrastructure Element of the City's Comprehensive Plan. STAFF RECOMMENDATION: The proposed land -use map designation of Commercial is generally compatible with the surrounding land -uses of adjacent properties and with the Prosperity Center, to which the subject parcel will be incorporated. The property is also suitable for the proposed land - use change, since no environmentally - significant species or habitat exist on site. The potential impacts of the proposed land -use designation do not result in significant impacts or degrade the adopted LOS for any services. Accordingly, staff recommends approval of the proposed small -scale land -use amendment to the City's Future Land Use Map. 0 G:Talal /LU- 00- 03- cc -str 4 Prepared on: March 26, 2001 . ORDINANCE 8, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN OF THE CITY OF PALM BEACH GARDENS BY CHANGING THE LAND -USE DESIGNATION ON APPROXIMATELY SEVEN - TENTHS OF AN ACRE OF LAND LOCATED APPROXIMATELY TWO- TENTHS OF A MILE SOUTH OF THE INTERSECTION OF PROSPERITY FARMS ROAD AND PGA BOULEVARD, ON THE EAST SIDE OF PROSPERITY FARMS ROAD, FROM PALM BEACH COUNTY LOW RESIDENTIAL -3 TO CITY OF PALM BEACH GARDENS COMMERCIAL; PROVIDING FOR TRANSMITTAL TO THE DEPARTMENT OF COMMUNITY AFFAIRS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICT; AND PROVIDING FOR AN iEFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Prosperity Shopping Center Corporation to amend the land use designation for approximately seven - tenths of an acre of land located approximately two- tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto, from Palm Beach County Low Residential -3 to City of Palm Beach Gardens Commercial; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the land -use map amendment is internally consistent with the City's Comprehensive Plan; and WHEREAS, the land -use map amendment is consistent with Section 163.3187(1)(c), Florida Statutes, pertaining to small -scale comprehensive plan amendments; and WHEREAS, on December 7, 2000, the Planning and Zoning Commission, as the duly constituted Local Planning Agency for the City, has recommended the land -use map amendment to the Comprehensive Plan of the City; and WHEREAS, the City Council acknowledges that this land -use map amendment • Prepared on: March 26, 2001 is subject to the provisions of Section 163.3187(3)(c), Florida Statutes, and that the City shall maintain compliance with all provisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The Future Land Use Map of the Comprehensive Plan of the City is hereby amended to change the future land -use designation for approximately seven - tenths of an acre of land located approximately two- tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road, more particularly described in Exhibit "A," from Palm Beach County Low Residential -3 to City of Palm Beach Gardens land -use designation of Commercial. SECTION 2. The City's Growth Management Director is hereby directed to ensure that this ordinance and all other necessary documents are forwarded to the Florida Department of Community Affairs and, together with the City Clerk, to ensure that this ordinance is codified as part of the Comprehensive Plan of the City. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. In accordance with Section 163.3187(3)(c), Florida Statutes, this Ordinance shall become effective 31 days after adoption. PLACED ON FIRST READING THIS THE DAY OF 2001. PLACED ON SECOND READING THIS THE DAY OF 2001. PASSED AND ADOPTED THIS THE DAY OF 2001. JOSEPH RUSSO, MAYOR 0 • ATTEST: CAROL GOLD, MMC BY: CITY Clerk VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO G:Talal /LU -00 -03 -Ord 3 Prepared on: March 26, 2001 APPROVED AS TO LEGAL FORM AND SUFFICIENCY: CITY ATTORNEY AYE NAY ABSENT EXHIBIT . "A" LEGAL DESCRIPTIal GAL DESCRIPTION: ' Parcel 1: Begin at the Northeast comer of the East 1/,2 of the North 112 of the Southwest 1/4 of the Northwest 1/4 of the SoWMst 1/4 of Section 5, Township 42 South, Range 43 East, according to the Plat thereof on file In the Office of Die Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 24, Page 87. thence Westwardly akxtg the Northerly line shown on said Plat, 84 feet to POINT OF BEGINNING of tract herein described, thence continue Westwardly along said 142.58 feet to a point, thence South 0' 41' 15" East 102.19 feet to a point; thence South 89' 58' 43" East 143.03 feet to a point; thence North 0' 5T 15" West 102.24 feet to a POINT OF BEGINNING. Parcel 2: The North 155.8 feet of the West 92.5 feet of the following described property: The East 1/2 of the North 1/2 of the Southwest 1/4 of the Northwest 1/4 of the Southeast 1/4 (less-the West 7.5 feet) of Section 5, Township 42 South, Range 43 East, a-== ceding to the Plat thereof as recorded-In Plat Hook 24, Page 87 of the Public Records of Palm Beach County, Florida: said lands situate, lying and being in Palm Beach County, Florida. Together with a 28 foot Ingress and egress easement along the Easterly most edge of the Northam portion of Prosperity Gardens Office Condominium. A strip of land, 26.0 feet in width. lying within the Northwest 114 of the Northwest 1/4 of the Southeast 1/4 of Section 5, Township 42 South, Range 43 East,'Palm Beach County, Florida, described as follows:. ` Cornmencing at the* Northwest comer of the East 1/2 of the North 1/2 of the Southwest 1/4 of the Northwest 1/4 of UwSoutheast 114 of Section 5, Township 42 South, Range 43 East, Palm Beach County, Florida; as shown on the -Platt of Survey of East M of North 1/2 of the Southwest 1/4 athe Northwest 1/4 of the Southeast 1/4 of Section 5:� Township 42 South,• Range -43 East, as recorded In Platt Book 24. Page 87 of the Public Records of Palm Beach County. Florida; thence South 88.48' 39' East along the North line of said Plat of survey, a distance of 2925 feet 'loo the POINT OF BEGINNING; thence continue South 88.48' 39" East along said North Gne, ,a distance of 26.0 feet; thence North 01' 11'2,1' East along a Una perpendicular to said North line, a distance of 105:0 feet; thence North 88.48' 39" West along a line 105.0 feet North of and parallel with said North line. a distance of 26.0 feet; theme South 01.11' 21" West, a distance of 105.0 feet to the POINT OF BEGINNING. 9 • LOCAL PLANNING AGENCY PETITION LU- 00 -03: COMPREHENSIVE PLAN AMENDMENT PUBLIC HEARING r JL bject Site Meeting Date: December 12, 2000 Date Prepared: December 7, 2000 Petition: LU- 00 -03, Public Hearing a ■ ■ a REQUEST: Urban Design Studio, agent, is proposing a small -scale land -use map amendment to the City's Comprehensive Plan. The amendment changes the current Palm Beach County land -use designation of the subject parcel from Low Residential -3 to Palm Beach Gardens Commercial. The applicant has requested a voluntary annexation and a land -use change for the 0.7 -acre parcel, which is located immediately behind the Prosperity Center along Prosperity Farms Road. BACKGROUND: The subject parcel is currently vacant and undeveloped. The petitioner is requesting the annexation (addressed in a separate petition) and the land -use change of the subject parcel in order to incorporate it into the Prosperity Center for the purpose of using the property to provide additional and much needed parking for the existing shopping center. a a ■ . • ■ . • ■ ■ a a a a a o ■ ■ ■ ■ ■ . ■ ■ ■ ■ ■ ■ ■ ■ ■ a a ■ ■ REQUEST: Urban Design Studio, agent, is proposing a small -scale land -use map amendment to the City's Comprehensive Plan. The amendment changes the current Palm Beach County land -use designation of the subject parcel from Low Residential -3 to Palm Beach Gardens Commercial. The applicant has requested a voluntary annexation and a land -use change for the 0.7 -acre parcel, which is located immediately behind the Prosperity Center along Prosperity Farms Road. BACKGROUND: The subject parcel is currently vacant and undeveloped. The petitioner is requesting the annexation (addressed in a separate petition) and the land -use change of the subject parcel in order to incorporate it into the Prosperity Center for the purpose of using the property to provide additional and much needed parking for the existing shopping center. Local Planning Agency Meeting Date: December 12, 2000 Date Prepared: December 7, 2000 Petition: LU -00 -03 SURROUNDING LAND USES: The subject parcel is surrounded by properties whose land -use designations consist of Commercial to the north, Low Residential -3 (Palm Beach County designation) to the east and south, and Professional Office to the west. These uses are compatible with the proposed Commercial land -use change, provided adequate setbacks and buffering standards are implemented during the site plan review stage to buffer the residential area from the proposed commercial use. MAXIMUM DEVELOPMENT POTENTIAL UNDER EXISTING LAND USE DESIGNATIONS: The existing land use of the subject property is Palm Beach County Low Residential -3. The maximum development potential allowed under this land -use designation is three dwelling units per acre. MAXIMUM DEVELOPMENT POTENTIAL UNDER PROPOSED LAND USE DESIGNATION• The proposed land use designation is Commercial. The maximum development allowed under this land -use designation is 22,198 square feet of commercial space. LEVEL OF SERVICE STANDARDS: The petitioner's analysis demonstrates that there will be no direct, adverse impacts on the adopted Level of Service (LOS) standards for water, sewer, solid waste, and police and fire services. However, the traffic analysis submitted by the applicant demonstrates that a net of 240 daily trips will be added to the traffic network surrounding the subject site. At this time, the applicant's traffic analysis remains under review by the City's Engineer's office. STAFF ANALYSIS: The proposed land use map designation of Commercial is compatible with the current land -use of the Prosperity Center to which the subject parcel will be incorporated. It is also compatible with the land -use designations of adjacent properties, but adequate buffering between the subject property and the adjacent residential area may be needed and should be addressed at the site plan review stage. Staff has received concerns raised by the some of the residents living within Pirates Cove. Their main concern has to do with the potential noise from the subject site and the proximity of the residential area to the subject site, given its proposed commercial designation. No objections to the amendment from the County, the Intergovernmental Plan Amendment Review Committee (IPARC), or nearby municipalities have been received to date. STAFF RECOMMENDATION: Staff recommends approval of the proposed comprehensive plan amendment, provided the City Engineer's office finds the additional traffic impacts to have no. adverse effects on potentially impacted roads prior to the required public hearing before the City Council. 2 ■ • Prepared and Respectfully Submitted by: Talal Benothman Senior Planner Attachments: Staff Comments Location Map G:Talal \L U -00 -03 -str2 • • 3 Local Planning Agency Meeting Date: December 12, 2000 Date Prepared: December 7, 2000 Petition: LU -00 -03 • • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 19, 2001 Date Prepared: April 2, 2001 SUBJECT /AGENDA ITEM: Public Hearing and First Reading of Ordinance 9, 2001, concerning an application for voluntary annexation of a parcel of land currently located approximately 0.2 of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard immediately south of the Prosperity Center Shopping Center. RECOMMENDATION: Staff recommends approval of Ordinance 9, 2001, on First Reading and to schedule a Public Hearing and Second Reading on May 17, 2001. Reviewed by: I I I I City Attorne Finance NA ACM Human Res. NA Other NA Suntnifted by: Growth Management Director G C Originating Dept.. Growth Management Advertised: Date: Yes Paper: P B Post [X] Required Affected parties .[X] Notified [] Not required Costs: $ Total Current FY Funding Source: [ ] Operating [ ] Other Budget Acct. #:: Council Action: [ ] Approved [ ] Approved w/ conditions [ ] Denied [ ] Continued to: Attachments: • Ordinance 9, 2001 • Location map [ ] None REQUEST: Urban Design Studio, agent for Prosperity Shopping Center Corporation, is requesting a voluntary annexation of a parcel of land of 0.70 acres located immediately south of Prosperity Center, which fronts on PGA Boulevard and Prosperity Farms Road. The applicant has submitted a separate petition requesting a small -scale amendment to the City's Future Land Use Map to change the current Palm Beach County land -use designation of the subject parcel from Low Residential -3 to Palm Beach Gardens Commercial. City Council Meeting Date: April 19, 2001 Prepared on: March 27, 2001 Petition: AX -00 -010 BACKGROUND: The petitioner has requested the voluntary annexation of the vacant nursery parcel so as to provide additional parking for the Prosperity Center shopping center. The current land -use designation of the subject parcel is Palm Beach County Low Residential -3. The proposed designation is Palm Beach Gardens Commercial. The subject parcel is surrounded by properties whose land -use designations consist of Commercial to the north, Low Residential -3 (Palm Beach County designation) to the east and south, and Professional Office to the west. These uses are compatible with the proposed Commercial land -use change, provided adequate setbacks and buffering standards are implemented during the site plan review phase to buffer the residential area from the proposed commercial use. The proposed parking area is to be incorporated into the site plan for the Prosperity Center shopping center through a public hearing process before the Planning and Zoning Commission and the City Council. All owners of property within 500 feet of the subject site will be mailed a copy of the public notice for these hearings. POTENTIAL IMPACTS ON CITY SERVICES: The subject site is located immediately south of the Prosperity Center, which is within the City's jurisdictional boundaries. The shopping center already receives City services, such as fire and police. Consequently, annexing the subject parcel and incorporating it into the shopping center would not be a burden on City services. In addition, the subject parcel is a vacant nursery and the petitioner will be required to provide central water and sewer, and satisfy the drainage requirements required by the City's Comprehensive Plan. CONSISTENCY WITH ADOPTED FUTURE ANNEXATION AREA (MAP J): The subject parcel is included in the City's future annexation area south of PGA Blvd. and between Prosperity Farms Road and the Intercoastal Waterway, which is depicted on Map "J." The Map is part of the adopted Future Land Use Map Series of the City's Comprehensive Plan. Therefore, the proposed annexation is consistent with the Map. COMMENTS FROM NEARBY MUNICIPALITIES AND COUNTY: Staff has notified the County and the Village of North Palm Beach regarding the proposed annexation. Staff has received no objections or concerns from either the County or the Village. STAFF RECOMMENDATION: Staff recommends approval of Ordinance 9, 2001, since the parcel proposed for annexation is part of the City's future annexation area, as depicted on Map J. Furthermore, the annexation would not burden City services and is consistent with Chapter 171, Florida Statutes, which requires the subject parcel to be reasonably compact and contiguous to the City's boundaries. W G:Talal/Ax-00-0 1 0-cc-st K • ORDINANCE 9, 2001 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING INTO THE CITY APPROXIMATELY SEVEN - TENTHS OF AN ACRE OF LAND GENERALLY LOCATED TWO- TENTHS OF A MILE SOUTH OF THE INTERSECTION OF PROSPERITY FARMS ROAD AND PGA BOULEVARD, ON THE EAST SIDE OF PROSPERITY FARMS ROAD; REVISING THE BOUNDARIES OF THE CITY TO INCLUDE SAID REAL PROPERTY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Prosperity Shopping Center Corporation for the annexation of approximately seven - tenths of an acre of land located approximately two- tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed annexation is consistent with the City's Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of this application at its meeting on December 12, 2000. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City of Palm Beach Gardens, Florida, hereby annexes into the City a compact contiguous parcel of land known as described in Exhibit "A" attached hereto and made a part hereof. Section 2. The boundaries of the City of Palm Beach Gardens, Florida, are hereby revised and shall include the real property described in Exhibit "A," and said property is hereby declared to be within the corporate limits of the City of Palm Beach Gardens, Florida. Section 3. The land -use regulations of Palm Beach County shall remain in effect as same pertains to the annexed lands, in accordance with Chapter 171, Florida Statutes, 10 until the City of Palm Beach Gardens amends its Future Land Use Map to include said lands. • Section 4. The City Clerk is authorized to forward the adopted ordinance to the clerk of the circuit court, the chief administrative officer of Palm Beach County, and the Department of State within seven days after the adoption of such ordinance. Section 5. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 6. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not effect the remainder of this ordinance. Section 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS THE DAY OF 2001. PLACED ON SECOND READING THIS THE I DAY OF 2001. PASSED AND ADOPTED THIS THE DAY OF ATTEST: AN CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO 0 G:Talal /AX -00- 010 -Ord JOSEPH RUSSO, MAYOR 2001. APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT MMIT "A" T FGAL DESCRIPTION LEGAL DESCRIPTION: Parcel 1: Begin at the Northeast comer of the East 1/2 of the Notch 112 of the Southwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of Section 5, Township 42 South, Range 43 East, according to the Plat thereof on file in the Office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Piat Book 24, Page 87, therice Westwardly along the Northerly line shown on said Plat, 84 feet to POINT OF BEGINNING of tract herein described, thence continue Westwardly along said 142.58 feet to a point, thence South 0.41' 15" East 102.19 feet to a point; thence South 89' S8' 43" East 143.03 feet to a point; thence North 0' 57' 15" West 102.24 feet to a POINT OF BEGINNING. Parcel 2: The North 155.8 feet of the West 92.5 feet of the following described property: The East 1/2 of the North 112 of the Southwest 1/4 of the Northwest 1/4 of the Southeast 1/4 (less-the West 7.5 feet) of Section 5, Township 42 South, Range 43 East, a. = =mrding to the Plat thereof as recorded•in Plat Book 24, Page 87 of the Public Records of Palm. Beach County, Florida; said lands situate, lying and being in Palm Beach County, Florida. Together with a 28 foot ingress and egress easement along the Easterly most edge of the Northam portion of Prosperity Gardens Office Condominium. A strip of land, 28.0 feet in width. lying within the Northwest 114 of the Norttwvesi 1/4 of the Southeast 1/4 of Section 5, Township 42 South. Range 43 East, Beach 'County. Florida, described as follows :. . Comnw wing at the Northwest comer of the East 1/2 of the North 1/2 of the Southwest 1/4 of the Northwest 114 of theSouth"st 1/4 of Sedw 5, Township 42 South. Range 43 East, Palm Beach County, Florida; as shown on the Plat of Sunray of East 112 of North 112 of the Southwest 1/4 cf✓the Northwest 1/4 of the Suthea osf 1/4 of Section 5.,' Township 42 SoutheRange'43 East, as recorded In Piet Book 24, Page 87 of the Public Records of Palm Beach County. Florida; thence South 88" 48' 39" East along the North line of said Plat of survey, a distance of 2925 feet to the POINT OF BEGINNING; thence continue South 88.48' 39" East along said North line, •a distance of 26.0 feet thence North 01' 11' 2,1' East along a tine perpendicular to said North line, a distance of 105:0 feet; thence North 88.48' 39" West along a line 105.0 feet North of and parallel with said North line, a distance of 26.0 feet; ft n" South 01' 11' 21" West, a distance of 105.0 feet to the POINT OF BEGINNING. • • Planning and Zoning Commission Meeting Date: December 12, 2000 Date Prepared: December 7, 2000 Petition: AX -00 -010 PLANNING AND ZONING COMMISSION PETITION AX -00 -010: PROPERTY ANNEXATION Jrr PUBLIC HEARING \Subject Site Meeting Date: December 12, 2000 Date Prepared: December 12, 2000 Petition: AX -00 -010, Public Hearing ■ m a ■ ■ o m ■ I n ■ ■ • a a ■ B Q ■ o a • • ■ e e • r e ■ ■ ■ • • • • ■ ■ REQUEST: Prosperity Shopping Center Corporation, petitioner, requests the City to voluntary annex 0.7 acres of property located in an incorporated area of the County immediately behind the Prosperity Center, which at the south east corner of PGA Boulevard (Blvd.) and Prosperity Farms Road. 1 Planning and Zoning Commission Meeting Date: December 12, 2000 Date Prepared: December 7, 2000 Petition: AX -00 -010 BACKGROUND: The petitioner has requested the voluntary annexation of the subject parcel with the purpose of adding it to the Prosperity Center in order to provide additional and needed parking for the existing shopping plaza. The current land -use designation of the subject parcel is Palm Beach County Low Residential -3. The proposed designation is Palm Beach Gardens Commercial. The subject parcel is surrounded by properties whose land -use designations consist of Commercial to the north, Low Residential -3 (Palm Beach County designation) to the east and south, and Professional Office to the west. These uses are compatible with the proposed Commercial land -use change, provided adequate setbacks and buffering standards are implemented during the site plan review stage to buffer the residential area from the proposed commercial use. ANALYSIS: Staff finds that the property is eligible for annexation in that it is consistent with Chapter 171, Florida Statutes, which requires the subject area to be reasonably compact and contiguous to the City boundaries. The proposed annexation would not create an enclave. Staff has notified the County and nearby municipalities regarding the proposed annexation and has received no concerns. RECOMMENDATION: Staff recommends approval of the requested voluntary annexation. Prepared and Respectfully Submitted By: Talal Benothman Senior Planner Attachments: Area Location Map G:Ta1a1\AX -00- 010 -str • C� • City Council Revised on: March 19, 2001 Meeting Date: April 5, 2001 Petition: DRI/PCD -99 -05 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 5, 2001 Revised on: March 19, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 36, 2001, a request to modify the Planned Community District (PCD) and Master Plan of the Regional Center Development of Regional Impact (DRI). The proposed modifications are related to the Kolter property, which is located northeast of the Gardens Mall within the DRI. RECOMMENDATION Staff recommends approval of Resolution 36, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Manag ent [ ] Approved Finance NAB �`t-� $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Advertised: Funding Source: [ ] Continued to: Attachments: Date: 2/28/2001 [ ] Operating Paper: Palm Beach Post [ ]Other • Resolution 36, 2001 0 Adopted Map H • Proposed Map H • Staff comments • State /regional agency comments [X] Required • Public comments 7 S tte by: wi Management �" Affected parties Budget Acct. #:: Director [X] Notified [ ]None Approved by: City Ma g equired 1 • City Council Revised on: March 19, 2001 Meeting Date: April 5, 2001 Petition: DRI/PCD -99 -05 I. BACKGROUND On February 16, 1984, the City Council approved the Development Order for the Regional Center Development of Regional Impact (DRI) by adopting Resolution 9, 1984. The DRI was approved for a mixture of land uses consisting of retail, office, hotel, residential, open space, and community use. The Development Order currently permits the development of 1,440,000 square feet of retail; 1,210,000 square feet of office (business), 510,000 square feet of hotel, 235,200 square feet of office (research), and 1,600 dwelling units. The total acreage of the entire DRI is 458.2 acres. The most - recently adopted NOPC to the Development Order of the Regional Center DRI was approved by the City Council on April 6, 2000, by Resolution 25, 2000. The adopted NOPC allowed the conversion of office research space to 50,000 square feet of commercial use. The Development Order has been previously amended five times. Currently there is one pending NOPC, in addition to the "Kolter NOPC," which is the subject of this petition. II. UPDATED PROPOSED MODIFICATIONS: The applicant proposes to make several changes to the adopted Master Plan of Development or Map H (copy attached). The proposed changes are as follows: • Designating approximately eight -acres as oak hammock preserve, per Condition 4 of the Development Order; • Converting approximately 9.3 acres from "Office/Hotel/Community Use" to "Multifamily /Office/Community Use." The conversion will result in converting 151 hotel rooms to 213 residential units on "Parcel 2," which will become "Parcel 4" bearing the designation of "Multifamily /Office /Community Use "; • Combining all the residential parcels located in the northeast portion of the DRI into a 104 -acre unified parcel (Kolter property); • Reconfiguring the water management tract to redesign the drainage system and to accommodate the proposed oak hammock preserve, which is located north of the water management tract; and • Reconfiguring the internal roadways on the Kolter property by changing the alignment of the Loop Road to accommodate the proposed location of the oak hammock preserve and the proposed development. 2 City Council Revised on: March 19, 2001 Meeting Date: April 5, 2001 Petition: DRI/PCD -99 -05 III. STAFF COMMENTS The proposed changes were presumed to be substantial deviations to the DRI, except for the designation of the oak hammock preserve, reconfiguration of the water management tract, and combining the residential parcels in the northeastern portion of the site. Please see attached letter from the Florida Department of Community Affairs (DCA). The previously proposed elimination/privatization of the internal roadways and the relocation of the Neighborhood Commercial were presumed to create substantial deviations. However, the applicant has rebutted the substantial deviation presumption by withdrawing these modifications. Accordingly, none of the currently proposed changes is presumed to be a substantial deviation. Please see Florida Department of Transportation (FDOT) and Treasure Coast Regional Planning Council (TCRPC) letters attached. The proposed modifications to the internal roadways are consistent with the newly adopted City Center Linkages Plan and the proposed amendments to the City's Transportation Element incorporating the Linkages Plan into the City's Comprehensive Plan. These amendments provide for modifications in the alignment of planned roadways on the Linkages Plan, with City Council approval. The proposed size of the oak hammock preserve meets the City's minimum requirements specified in the Development Order of the Regional Center DRI, the Comprehensive Plan, and the Land Development Regulations. The location and size of the preserve are also consistent with the findings of the environmental assessment conducted by the City's Environmental Engineer for the Kolter property. The assessment was requested by City staff to determine the extent and viability of the oak hammock on site. The City Forester has reviewed the environmental study and concurs with its findings. Staff has received a letter of objection from Palm Beach County Commissioner Karen Marcus dated February 5, 2001, regarding the size of the proposed oak preserve and the alignment of Loop Road. As to the road issue, Commissioner Marcus contends that the alignment is too close to the residential neighborhood located immediately north of the Regional Center DRI. The residents of that area have also objected to the proposed alignment of Loop Road. The proposed roadway location is 25' from the northern boundary of the Regional Center DRI/PCD. Commissioner Marcus and the adjacent County residents along Edgewater Drive are requesting a distance of 100' from the northern boundary. Staff is recommending a minimum of 50' on the site plan for the Kolter property. As to the preserve, Commissioner Marcus requests that additional land of oak hammock should be preserved or that the environmentally sensitive land should be sold to the County for preservation. Since February 5, 2001, the petitioner and the County have resolved the alignment of Loop Road by relocating it further west away from the preserve and Edgewater Drive residents. In addition, the petitioner has agreed to sell approximately four acres to the County for the purpose of expanding the eight -acre oak hammock preserve. The negotiations continue and the County may purchase additional acreage for preservation purposes. 3 �� City Council Revised on: March 19, 2001 Meeting Date: April 5, 2001 Petition: DRI/PCD -99 -05 PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission considered the proposed modifications and amendments to the Development Order and PCD of the Regional Center DRI during a public hearing held on February 13, 2001. The Commission voted 6 -1 to recommend approval of the proposed changes with conditions to the site plan. The Commission also recommended that the County and the applicant continue negotiations with respect to the sale of some oak hammock acreage to the County for preservation. STAFF RECOMMENDATION: Staff recommends approval of the proposed modifications /amendments to the Development Order and PCD of the Regional Center DRI. G:talal/dri- nopc- 99- 05- cc -str • • 4 Revised on: March 19, 2001 Resolution 36, 2001 0 RESOLUTION 36, 2001 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF RESOLUTION 96, 1999, THE CONSOLIDATED AND AMENDED DEVELOPMENT ORDER FOR THE REGIONAL CENTER DEVELOPMENT OF REGIONAL IMPACT (DRI) AND PLANNED COMMUNITY DISTRICT (PCD); PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO DESIGNATE AN OAK HAMMOCK PRESERVE OF APPROXIMATELY EIGHT ACRES, CONVERT 151 HOTEL ROOMS TO 213 RESIDENTIAL UNITS (AS DEPICTED ON MAP H), COMBINE ALL RESIDENTIAL PARCELS LOCATED IN THE NORTHEAST PORTION OF THE DRI INTO A 104 -ACRE UNIFIED PARCEL, RECONFIGURE THE WATER MANAGEMENT TRACT, AND RECONFIGURE THE ALIGNMENT OF THE INTERNAL ROADWAYS ON THE KOLTER PROPERTY (AS DEPICTED ON MAP H); PROVIDING THAT THE CITY CLERK SHALL TRANSMIT COPIES OF THIS RESOLUTION TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, AND THE GRANDE AT PALM BEACH GARDENS, INC.; PROVIDING FOR REPEAL OF RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 5, 1999, the City Council adopted a consolidated and amended Development Order for the Regional Center DRI and PCD via Resolution 96, 1999; and WHEREAS, the City Council has received an application from The Grande at Palm Beach Gardens, Inc. to adopt an amended Master Plan for the Regional Center; and WHEREAS, the Planning and Zoning Commission has reviewed the Development Application and has recommended approval of the proposed amendments; and WHEREAS, the City Council has reviewed and considered the Development Application, the Proposed DRI Development Order, the proposed Master Development Plan, the recommendation of the Planning and Zoning Commission, and such other information and testimony presented to it with regard to this Application; and WHEREAS, the City Council has held a public hearing on this matter and makes the following findings of fact and conclusions of law, based upon substantial, competent evidence: • these proposed amendments and additions to the PCD, Development Order and Master Development Plan are consistent with the Comprehensive Plan of the State of Florida; 0 • these proposed amendments to the Development Order and the Master Development Plan do not • Prepared on: February 8, 2001 Resolution 36, 2001 • these proposed amendments to the Development Order and the Master Development Plan do not constitute "substantial deviations" from the terms of the Development Order, as provided in Section 380.06(19), Florida Statutes, and therefore, this application does not require further development of regional impact review; and • the amendment and additions to the PCD, Development Order and the Master Development Plan are consistent with the Comprehensive Plan and the Land Development Regulations of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AS FOLLOWS: SECTION 1. AMENDED PCD and DRI DEVELOPMENT ORDER. All provisions of Resolution 96, 1999 remain in full force and effect to the extent not expressly modified herein. SECTION 2. REVISED MASTER DEVELOPMENT PLAN. A. The revised Master Development Plan contained in the City's Planning & Zoning Division files is adopted as the official Master Development Plan for the Regional Center: March 13, 2001 Exhibit H - The Regional Center, Urban Design Studio, 1 Sheet. B. The Master Development Plan is specifically revised to designate an oak hammock preserve of approximately eight acres, convert 151 hotel rooms to 213 residential units and change the designation of Parcel 2 to Multifamily Residential/Office /Community Use from Office/Hotel/Community Use, combine all the residential parcels located in the northeast portion of the DRI into a 104 -acre unified parcel, reconfigure the water management tract, and reconfigure the alignment of the internal roadways on the Kolter property. SECTION 3. TRANSMITTAL TO FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, TREASURE COAST REGIONAL PLANNING COUNCIL, PALM BEACH COUNTY, MACARTHUR CENTER PROPERTY OWNERS ASSOCIATION, INC., NORTHERN PALM BEACH COUNTY IMPROVEMENT DISTRICT, AND THE GRANDE AT PALM BEACH GARDENS, INC. The City Clerk shall immediately transmit certified copies of this Development Order by certified mail to Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, Macarthur Center Property Owners Association, Inc., Northern Palm Beach County Improvement District, and The Grande at Palm Beach Gardens, Inc. 2 SECTION 4. REPEALER All Resolutions in conflict herewith are hereby repealed. SECTION 5. EFFECTIVE DATE. This Resolution shall become effective upon adoption. PASSED AND ADOPTED THIS DAY OF ATTEST: BY: CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMEMBER FURTADO COUNCILMEMBER CLARK COUNCILMEMBER SABATELLO 0 G:Ta1al/DRI- PCD -99 -05 -res2 Prepared on: February 8, 2001 Resolution 36, 2001 12001. MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY AYE NAY ABSENT 3 • • • f��ttg i a i ors 3 ti a Ml r M. M. 0 n z ;o D� D r •n. m n m Z Z`. In r M D 0 0 O 0 N °o fit F i! �o cr.. c�rc tue rB g 4 I v1 r PROBPERM FARMS ROAD - o -n Hl o u s � ;T $ $ $ $ $ $ m m 9 0 0 ia' o �' i� o ei r' a f� 7 ? 7 rf p Y O O '� 8+ O w o + P D) m � o g 0 • r] `" (=IIII $B M. I� D 1 in �. b r �m n n Z n m" ® ° I© ® o < o m o N 0 o w # i i� ief fill N f 5 C1C. CC.0 to v Eli G E FI"4 4 S d �O a `Q� x4��aQ 8 R --I i tlilf- F - IFIFIr LE 0; 01 00 H U'l HO cr s g " mu— r- u� m A- �._ ¢ F n 4 3 In In • -y �In iI 7, 0 r a -n .Q�� .. r r '9:`C y In §§ cn e a to N m In O N A � o c, O O U) III N pI 01 OI \ J QI tl O u N 'O f0 A ,, w A 7R V J y Gh o A ui • • • Memo to File Subject: From: Date: DRI -99 -05 & PCD- 99 -05, NOPC Kolter Regional Center Mark Hendrickson, City Forester /N 114- January 29, 2001 I have reviewed the Kolter NOPC, specifically for the conceptual location of the DRI required minimum 25% of all Oak Hammock (8 acres) to be preserved. I have also inspected the site and reviewed the environmental assessment prepared by James F. Schnelle. Using Mr. Schnelle's assessment of the Oak Hammock acreage within the Kolter property, 25% of the Oak Hammock is 4.58 acres. He designated the remaining hardwood forest as a Low Hammock with a mix of canopy trees, including Oak. The original DRI environmental assessment had the "Oak Forest" as 32.21 acres. Twenty - five percent (25 %) of that figure is eight (8) acres. In comparing the two assessments, the forest classifications or areas that contain Oak trees are very similar. There are however two very different Oak species that live in the two different forest types. I believe that the proposed Oak preserve location depicted on Regional Center DRI Exhibit "H" Master Plan combines the best intact canopy, understory and groundcover of both forest classifications, which contains the Live Oak upland habitat and the swamp Laurel Oak transitional habitat. I have emphasized the two Oak types because it is very important to the following discussion on drainage. By City Council direction, I have examined the potential impacts of the Unit 19, Regional Center Basin 4 drainage plan to the proposed Oak Hammock preserve. I am certain that rain water is intended to be held within the proposed Oak Hammock preserve as early as a 10 -year storm event. This should not be a problem to the Laurel Oaks or low hammock vegetation, if the duration of standing water drains off as predicted. Depending on the number of 10 -year storms and 100 -year storms, and the duration of standing water after those events, there is the high potential for Gopher tortoise and tree mortality for an unknown percentage of the upland habitat. I have been in communications with North Palm Beach Improvement District (Northern) representatives. The South Florida Water Management District ( SFWMD) permit is being amended to include weirs with operable gates for the Regional Center's Basin 3 and 4 outfalls. Northern will also involve the City in developing criteria for opening the gate to reduce the duration of standing water in Basin 4, specifically to address the Oak Preserve, for SFWMD review. At this time, I support the Kolter NOPC. I also anticipate that I will be following up on the Oak preserve issues during the site plan review process with conditions that would require the relocation of all Gopher tortoises off -site, as administered through Florida Wildlife Commission, and adopt a mitigation plan to replace vegetation within the preserve if flood damage ever occurs. recvure cocvt 1 regional planning council June 2, 2000 •B G Car Ms. Roxanne Manning City of Palm Beach Gardens Planning, Zoning and Building F,,T 10500 North Military Trail Palm Beach Gardens, Florida 33410 Subject: The Regional Center Development of Regional Impact, Notification of Proposed Change Dear Ms. Manning: In -accordance with the. requirements of Section 380.06(19), . Florida:. Statutes, we. have reviewed. the- "Notification. of a Proposed Change to a Previously Approved. Development of Regional Impact (DRI)'.' (NOPC) for the Regional Center DRI dated August. 19, 1999.. . The NOPC proposes to:. 1. Designate the location of the eight acre oak hammock preserve. 2. Relocate the two -acre Neighborhood Commercial Parcel to another location along Gardens Parkway. 3. Increase the number of residential units from 1600 dwelling units to 1813 dwelling units and simultaneously decrease the number of hotel units from 600 rooms to 419 rooms 4. Combine all the residential parcels in the northeast portion of the DRI into one unified parcel. 5. Reconfigure the water management areas to maintain capacity and open space while providing for the designation and preservation of the oak hammock preserve. The changes are presumed to be a substantial deviation pursuant to Section 380.06(19)(e)5.c. and 380.06(19)(e)3., Florida Statutes. The applicant has provided information to show that the changes will not create any additional regional impacts that would require substantial deviation review. Council has reviewed the information provided by the applicant to rebut the presumption and has determined that the location of the eight -acre oak hammock preserve meets the requirement of the development order and the: changes will not create any additional regional impacts. Council, therefore, does not object to the proposed change. 301 cost ocean boulevard suite 300 stuart, flodda 34994 phone (561) Ul -4060 « 960_4060 few lS61\ 99T -4067 Ms. Roxanne Manning June 2, 2000 Page 2 If you have any questions, please call. Sincerely, James T. Snyder DRI Coordinator cc: Roger Wilburn, FDCA Henry Skokowski, Applicant 0 [7 `y Q.� o� 0 cocv� 1 regional planning council August 7, 2000 Ms. Roxanne Manning City of Palm Beach Gardens Planning, Zoning and Building 10500 North Military Trail Palm Beach Gardens, Florida 33410 Subject: The Regional Center Development of Regional Impact, Oak Hammock Preserve Dear Ms. Manning: J� f City nt P 8. Gardens AU� b�Uw MENS 4�p SMENS In December 1983, Treasure Coast Regional Planning Council prepared the assessment report for the proposed Regional Center development of regional impact (DRI). In the assessment report, Council identified a 32 -acre Oak Forest located in the northeast portion of the proposed project. Council determined.that protection of portions of the Oak Forest is warranted because many of the trees appear to be quite large and the habitat has high wildlife and aesthetic value. At that time, Council policy provided that development should set aside a minimum of twenty - five percent of each native plant community that occurs on site. While Council required only protection of a minimum of eight acres, a much larger area of this habitat type was identified and considered as important. Council recently reviewed the "Notification of a Proposed Change to a Previously Approved DRr' (NOPQ for the Regional Center DRI dated August 19, 1999. The NOPC proposed to designate the location of an eight acre oak hammock preserve. Council determined that the location of the eight -acre oak hammock preserve met the minimum requirement of the development order and did not object to the proposed amendment. However, Council believes that there are more than eight acres of quality Oak Hammock habitat and recommends that the Cit+ work with the developer and all concerned parties to provide for the protection of more than the minimum required in the development order. If you have any questions, please call. Sincerely, Michael*J. Busha, AICP Executive Direcior cc: Mr. Roger Wilburn, FDCA Commissioner Karen Marcus, Palm Beach County. . Mr. Henry. Skokowski, Applicant Ms. Tara -Lynn Brown, WCI 301 cost ocean boulevofd suite 300 stuart, flodda 34994 phone (561) 991 -4060 c 469 -4064 for 15611 £p1 -4067 JEB BUSH GOVERNOR Florida Department of Transportation 3400 W. Commercial Boulevard Fort Lauderdale. Florida 33309 -3421 TRANSPORTATION PLANNING OFFICE - DISTRICT 4 Telephone: (954) 7774601; Fax: (954) 777.4671 January 27, 2000 Mr. D. Ray Eubanks Planning Manager Department of Community Affairs 2555 Shumard Oak Boulevard Tallahassee, FL 32399 -2100 Dear Mr. Eubanks: THOMAS F. BARRY. JR. SECRETARY FEB 0 1 TREASURE COAST REGIONAL PLANNING COUNCIL SUBJECT: Regional Center Development of Regional Impact (DRI) City of Palm Beach Gardens, Palm Beach County Notice of Proposed Change (NOPC) We have reviewed the re- submittal #3 of the subject DRI Notice of Proposed Change (NOPC) as transmitted to the Florida Department of Transportation by the Urban Design Studio (Ms. Dodi Glas) on January 21, 2000. The submittal includes supplemental information for Regional Center DRI NOPC that was revised pursuant to the Department's comments (FDOT letter to DCA — May 13, 1999, FDOT letter to DCA — October 1, 1999, FDOT letter to DCA — December 7,1999, and FDOT letter to DCA — January 13, 2000). The boundaries for the Regional Center DRI are generally formed by Atlantic Road to the north, PGA Boulevard to the south, SR 811 (Alt. Al A) to the west and Prosperity Farms Road to the east. This DRI was originally approved in February 1984. To recap the numerous submittals of Regional Center DRI NOPC, the applicant has proposed the 'following changes: Designation of the oak hammock preserve as required by the Development Order. Reconfiguration of the water management tract to maintain the oak preserve and to accommodate the request(s) of the City of Palm Beach Gardens and North Palm- -Beach County Improvement District in the redesign of the drainage system. This change will include the creation of a sub -basin system. The Department concurred with these proposed changes for the Regional Center DRI NOPC as is previously stated (FDOT letter to DCA — dated September 13, 1999). www.dot.state.Kus Mr. D. Ray Eubanks January 27, 2000 Page 2 In addition, the applicant also proposes the following revisions in the NOPC: Convert 9.3± acres of Office/Hotel/Community Use (Master Plan Parcel 2) to Multi - family/Office/Community Use (Master Plan Parcel 4) by re- designated 151 hotel rooms to 213 additional residential units. Relocate and privatize roadways, resulting in an elimination of 3.15 acres of roadways from the Master Plan. The roads will be shifted to avoid the oak preserve. As previously stated (FDOT letter to DCA — January 13, 2000), the Department concurred with the first proposed change for the Regional Center DRI NOPC based on information provided in the applicant's December 21, 1999 submittal. Previously, the Department did not concur with the second proposed change concerning that the relocation and privatization of the internal roadways may impact internal trips. In this submittal, the applicant clarifies that these roadways were only used by residents in the Kolter apartment parcel. Their elimination from the Master Plan will not change the circulation of internal trips. Therefore, the Department no longer objects to this proposed change. In summary, the Regional Center DRI NOPC provided to the Department is sufficient and we have no further objections. Please feel free to contact this office at (954) 777 -4601 should you have any questions. Sincerely, s Schmidt P.E. Distri Planning anager GS:al cc: Tim Snyder, TCRPC Bob Romig Joe Yesbeck Bill Cross • • DEPARTMENT STATE OF FLORIDA OFCOMMUN ITY AFFAIRS "Helping Floridians create safe, vibrant, sustainable communities" JEB BUSH STEVEN M. SEIBERT Governor Secretary October 1, 1999 Ms. Roxanne Manning, AICP, Director Department of Growth Management '44 City of Palm Beach Gardens 10500 North Military TraildE4a Palm Beach Gardens, FL 33410 Re: ADA- 1082 -036: Regional Center DRI �` E ^` Dear Ms. Manning: The Department received a Notification of Proposed Change (NOPC) to the Regional Center Development of Regional Impact (DRI) on August 20, 1999. The request was received from Mr. Henry Skokowski, authorized representative of the DRI. The proposed modifications consist of designating an eight acre parcel of oak hammock as preserve on Map H of the DRI, relocating Parcel No. 6 currently designated Neighborhood Center (commercial) to the western portion of the DRI, simultaneously converting hotel rooms to residential units, eliminating proposed minor internal roads, reconfiguring the water management tract, and combining residential parcels in the northeastern portion of the DRI. Pursuant to Section 380.06(19)(e)3., Florida Statutes (F.S.), the designation of an eight acre parcel as preserve on Map H and the relocation of Parcel No. 6 are presumed to be substantial deviations. However, it is very unlikely that designating a preserve would result in additional regional impacts beyond those previously reviewed by the Department. The relocation of Parcel No. 6 may result in change of the function of the parcel, by virtue of the proposed location, from neighborhood commercial to regional commercial. The current designation of the parcel is Neighborhood Commercial, which is consistent with its present location since it is within an area heavily dominated by residential use consisting of approximately 1,200 dwelling units. 2555 SHUMARD OAK BOULEVARD • TALLAHASSEE, FLORIDA 32399 -2100 Phone: (850) 488 - 8466 /Suncom 278 -8466 FAX: (850) 921- 0781 /Suncom 291 -0781 Internet address: http: / /www.state.fl.ustcomaff/ FLORIDA KEYS GREEN S Arc. of Critical State Coneem Field Office Area of Critical State Concern Field rce 2796 Overseas Highway, Suite 212 205 East Main Sueet. Suite 104 .. .. - r•.,..w. •incrtiv »v _ 8anow, Florida 33830 -1641 Ms. Roxanne Manning, AICP Regional Center DRI October 1, 1999 Page Two However, the proposed new location is in an area of primarily regional function and fronting on a major roadway, Gardens Parkway. Land uses in this ,area consist of Cultural Arts, Office/Hotel/Community, Research/Office/Service Commercial, and Multifamily /Office /Community uses. The total number of residential units in this location is approximately 400 units, as opposed to 1,200 units in the current location. The applicant has not explained how the new location would not alter the function of the parcel from a neighborhood into a regional function by virtue of its new location. Altering the function of the parcel by changing its location would require the use of a higher trip generation rate than the one used in the traffic analysis and redesignating the parcel for regional commercial use. Therefore, the applicant has not rebutted the presumption of substantial deviation with regard to the relocation of Parcel No. 6. Pursuant to Section 380.06(19)(e)5., F.S., the simultaneous decrease and increase in hotel and residential uses, respectively, is presumed to create a substantial deviation. The traffic analysis did not reflect substantiated internal capture and pass -by rates for the hotel and the arts and culture uses, and was not based on ITE Trip Generation rates. Therefore, the applicant has not rebutted the 9 presumption of substantial deviation by clear and convincing evidence. Pursuant to Section 3 80.06(19)(e)3., F.S., deleting minor, internal roadways and proposing new ones are presumed to create substantial deviations. These modifications may alter the external access points and change the assumptions upon which internal capture rates have been based. The applicant has not identified roadways to be deleted and has not provided and designated the location of the new proposed roadways on Map H. Consequently, the applicant has not rebutted the presumption of substantial deviation. Pursuant to Section 380.06(19)(e)3., F.S., combining all the residential parcels located in the northeastern portion of the site into a 104 acre unified parcel, and reconfiguring the portion of the water management tract in the northeastern portion of the DRI are presumed to be substantial deviations, since neither is specified in paragraphs (b) and (c) of Section 380.06(19), F.S. However, these modifications are not likely to result in additional regional impacts beyond those previously reviewed by the Department. Therefore, pursuant to Section 380.06(19)(f)4., F.S., the Department raises an objection to the NOPC to the Regional Center DRI. The applicant may rebut the presumption of substantial deviation by identifying and designating the newly proposed minor roads on Map H and providing an adequate traffic analysis. The analysis should be based upon the appropriate land use classification for Parcel No. 6, ITE trip generation rates, and justified internal capture and pass -by rates as applicable. Ms. Roxanne Manning, AICP Regional Center DRI October 1, 1999 Page Three If you require further assistance in this matter, please contact Talal M. Benothman, Planner IV, at (850) 487 -4545. CG /tmb cc: Mr. Jim Snyder, TCRPC Ms. Kim Glas, AICP Palm Beach Gardens Mr. Henry Skokowski, AICP Urban Design Studio Sincerely, Cam/ ` Charles Gauthier, AICP Chief, Bureau of Local Planning =eb -13 -01 02:49P Environmental Quality • Environmental Quality, Inc. 5ti1 5/5 9996 N.UIL Chairman and Members of The City of Palm Beach Gardens Planning and Zoning Commission TRANSMITTFn VIA FACSIMIT F_ THIS DATE February 13, 2001 Dear Chairman and Board Members, ( 561) ! 75 -6776 FAx: (561) ! 75 -9996 The purpose of this letter is to address two main issues associated with pending decisions concerning properties near the intersection of Prosperity Firms Road and PGA Boulevard, also known as the Kolter Property. I str+on* urge you to approve increased vegetative preservation requirements for this property prior to development An increase in preservation requirements will not only conserve the natural environment and provide much needed wildl& habitat within this rapidly growing urban core, but preservation of the old growth oaks will provide for a vegetative canopy that is reminiscing of the days gone by- P11— Beach County is very selective in targeting environmentally important tracts of property that may be added to their Environmentally Sensitive lands Acquisition Iist. Extensive site evaluations are administered by professionals on each tract to determine its value. This site holds eauenely valuable nat,,,21 resources that should be preserved - while we still have the opportunity! Indeed, it is unfortunate that the property wil! not be sold to the County. A more restrictive vegetative preservation requirement would be an opportunity to make the best of the current situation. Preservation of additional oak trees and their surrounding vegetation will also enhance the fast growing urban core of the great City of Palm Beach Gardens. As with any urban development, one thing that can really create and enhance the sense of community -h -ncter is the conservation of natural resources. Although architecture may provide an important human enhancement, the preservation of old growth trees shows that the community is respectfW of its past while looking forward to the future. The additional preservation will not impede the development potential of this property for its use as high -density residential laced. On the contrary, it will be a draw for thoughtful development and a positive presence for the continued growth of this very important area. Your positive consideration for additional vegetative preservation as proposed by the area residents is not only a step in the right direction; it is a leap towards good urban planning. Thank you. Murray President 725 NORTH A 1 A, SUITE 214-0. JUPITER. FLORIDA 33477 VG /Vo /Gvvl •un ao:vo red 000 ouM4 X. MARCUS WPB 0 002 Board of County Coanmiasioners W. e- �Maude F ord Lee Chair . n H. Newell, VitC Chalfman L Marcus Carol A. Roberts Mary McCarty Burt Aaronson Tony Ma5ilotd Mr. John Glidden, Chairman and Commission Members Planning & Zoning commission City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 RE: DRI -99 -05 & PCD 99 -05 Dear chairperson Glidden & Commissioners: February 5, 2001 County Administrator Robert Wdsrrman On February 13, 2001, you will be discussing the NOPC for the Regional Center - Kolter - the Grande project As the District 1 County commissioner, representing the unincorporated residential neighborhood directly to the north of this project, I would like to voice my concern with the proposed project. Upon review of the site plan, I find Phase 11 to be totally unacceptable for several reasons. The eastern most linkage road runs parallel to the western section of west Edgewater Drive with a 25 -foot buffer separating the two roadways. I do not believe it is good planning for residential roadways to be next to each other. While the City's linkage map shows an eastern link, it does not specify an alignment. I would strongly urge the Commission to align this linkage road farther away from the residential neighborhood to the north. I would also like to strongly object to proposed 25 -foot buffer along West Edgewater Drive. instead I would suggest a minimum 100 -foot buffer for the entire length of West Edgewater Drive. It appears that the developer is negatively affecting the residents based on their objections to the Regional Center's drainage plan, as the developer had in the past offered the residents a 100 -foot buffer. This causes me great concern. The DRI for the Regional center dictates that the Oak preserve be a minimum of 8.6 acres. However, the City can request more. As you may be aware, the County has offered to buy most of Phase 11, 25.8 acres for conservation. This is truly a unique piece of land and not preserving, more of it would be a shame. 1 hope that you will give my concerns your serious consideration. si n T- Marcus ttV Commissioner C: Hon. Joseph Russo, Mavor & City Council Members Steve Cramer, Director of Growth Management City of palm Beach Gardens "An Equal Opportunity Affirmative Action Employer" P.O. Box 1989 We3t Palm Beaeh, Florida 33402 -1989 (561) 3SS -2001 Fax: (561) 355 -3990 w:xedoa rocrdoevw— www.co.palm- beach.A.us 0 X. RESOLUTIONS: a. Resolution 50, 2001 — Kolter Site Plan. Consideration of approving an application from Kolter Properties and the Northern Palm Beach County Improvement District ("Northern'), requesting a Site Plan Review within a Planned Community District (PCD) for approval of a multi - family residential community within the Regional Center Planned Community District located north of Gardens Parkway and west of Prosperity Farms Road; the 49.37 acre site will contain 358 residential units in Phase 1; and Phase 2, which proposes 637 units on 63.17 acres will be subject to a future petition. (Continued from April 5, 2001) BACKUP FORTHCOMING L..J • CITY OF PALM BEACH GARDENS CITY COUNCIL is Agenda Cover Memorandum • • Meeting Date: April 19, 2001 Date Prepared: April 4, 2001 SUBJECT /AGENDA ITEM Consideration of Approval: Resolution 57, 2001, a request for site plan approval of the first phase of the "Clubhouse" parcel located within the "Mirasol" Planned Community Development (formerly known as Golf Digest). RECOMMENDATION Staff recommends approval of Resolution 57, 2001, which contains conditions of approval. Reviewed by Originating Dept.: Costs: $ Council Action: Total City Attorney Growth Management [ ] Approved Finance NA $ [ ] Approved w/ ACM Current FY conditions Human Res. NA [ ] Denied Other NA Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ ] Other • Resolution 57, 2001 • Code Comparison Table • Waiver Justification • Legal Description • Letters of Approval • Landscape Plans • Site Plans [X] Not Required • Mirasol Master Plan S b �: nitt�d-b: rowth Management Affected parties Budget Acct. #:: Director [ ]Notified [ ] None Appr by: ana [X] Not required 1 City Council Meeting Date: April 19, 2001 Date Prepared: April 4, 2001 Petition SP -01 -01 REQUEST Anne Booth of Urban Design Studio, agent for Taylor Woodrow Communities at Mirasol, Ltd., is requesting site plan approval for the first phase of the Clubhouse Parcel within the " Mirasol" Planned Community Development (formerly known as "Golf Digest "). The proposed first phase includes the Golf Digest National Teaching Academy, the "Cart Barn ", cart staging and bag drop off areas on 7.35 acres. It is the intention of the applicant to use the "cart barn" as a temporary clubhouse until such time as the permanent clubhouse can be built. These facilities are to be used in conjunction with the first golf course, which is currently under construction. The total 27.27 -acre site is located in the southwest "country club" community at the intersection of Mirasol Boulevard and Mirasol Way, bounded on the west and south by Mirasol Way and on the north and east by golf and water. (3- 42S -42E) BACKGROUND On May 18, 2000, the City Council approved Ordinance 8, 2000, which approved the amended Master Plan of the Golf Digest Planned Community District (PCD), which is now known as the Mirasol PCD. LAND USE & ZONING The subject site is zoned Planned Community District (PCD) and has a future Land Use Designation of Residential Low (RL). The overall PCD is compared to an underlying zoning designation of Residential Low (RL -3). The site is designated as the Clubhouse site on the approved Master Plan. CONCURRENCY Concurrency for this site was established prior to the approval of the Mirasol PCD; therefore, this site is vested in terms of concurrency. PROJECT DETAILS Building Site The proposed plan of development is for the 10,612 sf cart barn and the 5,490 sf Golf Digest National Teaching Facility. The proposed Cart Barn is to be used as a 2 • City Council Meeting Date: April 19, 2001 Date Prepared: March 29, 2001 Petition SP -01 -01 temporary Clubhouse until such time as the permanent Clubhouse has been constructed. Due to the location of the entrance to the site, the first phase includes a portion of the drive aisle and the parking area leading to the cart barn. Future phases will include the Clubhouse, tennis /fitness /pool facility and accessory uses. The third phase will include the residential villas. Site Access & Circulation The parcel is centrally located within the "country club" area of the community, which has a controlled access point on Mirasol Boulevard. Pedestrian access is provided to the site through a system of sidewalks and pathways that connect to the Parkway pathway and sidewalk system. Phasinq Development of this parcel will be in three phases. The first phase will be the Cart Barn, the Golf Digest National Teaching Academy, the cart staging area, the golf bag drop off area, the entrance to the parcel and associated parking. The second phase of construction will include the Tennis and Fitness facility as well as the Main Clubhouse. The third phase will include the Villas. It is the applicant's intention that the Cart Barn be utilized as a temporary clubhouse until the permanent clubhouse construction is completed. Once the clubhouse is completed, the Cart Barn will house the golf carts used in association with the golf course. Architectural Style and Special Features The architectural style proposed for this facility is consistent with the Mizner theme which is prevalent throughout the entire community. The colors and materials being used for the Clubhouse, Academy and accessory structures are consistent with those being used on other common area structures such as the Sales Center and Gatehouse. The building plans proposed for this site have been reviewed and approved by the Mirasol POA/Architectural Review Committee prior to submission to the City. Building heights are proposed at less than the 36' maximum. Liqhtinq Decorative lighting fixtures consistent with the standards established for the community have been proposed for this site. All lights will be field located to avoid conflicts with trees and utilities. iv City Council Meeting Date: April 19, 2001 Date Prepared: March 29, 2001 9 Petition SP -01 -01 Landscaping Landscaping within the parcel exceeds the landscaping required by the code. Street lights will be field located to avoid conflicts with trees and utilities. Maintenance of all common area landscaping will be by the Master Property Owners Association. Parkinq Required parking is calculated based on- the code requirement of 4 spaces per hole for the golf course plus an additional space for each 300 square feet of floor space for the Academy. Due to the configuration of the site and the phasing of construction, it is necessary to construct more of the parking lot than is required by the proposed uses in the first phase. Therefore, until such time as the future phases are submitted for site plan approval, a waiver is being requested to allow parking in excess of the required. Siqnaqe The conceptual location of the entrance sign has been noted on the site plan and landscape plans. The applicant has submitted a comprehensively detailed signage package for review and approval of the City Council for all project signage. The proposed project entrance signs will be consistent with the Master Signage program. Drainage Drainage outfall from this site will be accomplished by drainage into inlets and culverts, outfalling into adjacent lakes, which are part of the surface water management system for the project. Included in this application are conceptual drainage plans. 0 4 • • City Council Meeting Date: April 19, 2001 Date Prepared: March 29, 2001 Petition SP -01 -01 Waivers Code Section Required Provided Waiver Staff Recommendation Section 180 (d) (3) 10% max. beyond 205% 95% Support code requirement Section 179 (1) (3) All minimum 17 feet 1.5 feet Support: 1.5 foot parking stall Overhang only dimensions to be with 17 foot paved (18.5 feet). paved space, Section 179 (e) Wheelstops 2.5 foot Interior Staff does not required or 2.5 overhang spaces support foot overhang. without elimination of wheelstops wheel stops in interior spaces. Section 179 (1) (1)(a) 10 foot wide 9 feet 1 foot Support, with the spaces provision of double striping. Section 270 Bicycle Parking - none - to to delay Support 5% of required be included bicycle vehicular spaces in phase 2 parking (5 spaces) until phase 2 Based on the applicant's justification statements, staff recommends approval of four of the waivers requested by the applicant. The applicant must, by code requirement, provide for double striping where nine foot wide spaces are provided. Staff is recommending that, in -lieu of wheelstops which are required by code, the applicant provide for a 17- foot -long paved parking space, with a 1.5 foot overhang, which is consistent with the approved parking stall configuration at the Mirasol Sales Center. Staff does not support, however, the elimination of wheelstops for interior spaces within the clubhouse parking lot. The applicant has provided justification for the waivers requested (see attached). COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) All outstanding DRC concerns are to be addressed with conditions of approval. COMMENTS FROM THE PLANNING AND ZONING COMMISSION The Planning and Zoning Commission (P &Z) requested that the applicant make modifications to the landscape plan to increase the number of trees along the north and 5 • • City Council Meeting Date: April 19, 2001 Date Prepared: March 29, 2001 Petition SP -01 -01 west sides of the Teaching Academy, as requested the applicant has submitted amended landscape plans which have doubled the number of sables, and tripled the number of pines. At the request of the P &Z the applicant has also amended the landscape plans to include additional accent palms on the front side of the academy building and adjusted the palm pallette. The P &Z also requested that the applicant modify the two story architectural element of the Academy building to include additional architectural embellishments. The applicant has submitted amended architectural plans which include a stucco band and scoring on the taller elevations of the Academy. The Planning and Zoning Commission has recommended approval of all five waivers, including the elimination of wheelstops, which staff has recommended against. RECOMMENDATION Staff recommends approval of petition SP- 01 -01, with the exception of the wheel stop elimination, waiver request, with the following conditions of approval: 1. At time of Phase II site plan review, bicycle parking shall be depicted on the site plan and provided with the construction of the permanent clubhouse (Planning and Zoning). 2. Prior to the issuance of the first building permit, all appropriate traffic signage shall be noted on the construction plans and approved by the City Engineer (City Engineer). 3. Prior to issuance of the first building permit, the applicant shall submit an amended lighting plan to meet LDR Section 95 (Planning and Zoning, City Engineer). 2 0 RESOLUTION 57, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR SITE PLAN APPROVAL OF THE MIRASOL CLUBHOUSE - PHASE ONE, WITHIN THE MIRASOL (F.K.A GOLF DIGEST) PLANNED COMMUNITY DEVELOPMENT LOCATED ON 2,304 ACRES AT THE NORTHWEST CORNER OF FLORIDA'S TURNPIKE AND PGA BOULEVARD, AS MORE PARTICULARY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has received an application from Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, for Site Plan approval for the construction of the first phase of development of the Clubhouse Parcel, including the Golf Digest National Teaching Academy, the Cart Barn, the bag drop -off and accessory parking within Mirasol (Golf Digest PCD); and . WHEREAS, the 2,304.79 acre Mirasol site is currently zoned Planned Community District (PCD) with a Future Land Use designation of Residential Low (RL); and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, the Growth Management Department has recommended approval of the site plan for the first phase of the Clubhouse parcel within the Mirasol PCD; and WHEREAS, the Planning and Zoning Commission has recommended approval of the site plan for the first phase of the Clubhouse parcel within the Mirasol PCD. 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 first phase of the Clubhouse parcel within the Mirasol PCD, at the northwest corner of Florida's Turnpike and PGA Boulevard as more particularly described on Exhibit "A" which is attached hereto and incorporated herein by this reference. 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) At the time of Phase II site plan review, bicycle parking shall be provided with the construction of the permanent clubhouse (Planning and Zoning). (2) Prior to construction plan approval, all appropriate traffic signage shall be noted on the construction plans. The signage shall be approved by the City Engineer prior to the issuance of a building permit. (City Engineer). (3) Prior to the issuance of the first building permit, the applicant shall submit an amended lighting plan to meet LDR Section 95 (Planning and Zoning, City Engineer). SECTION 3 The City Council of the City of Palm Beach Gardens hereby approves the following five waivers with this approval: (1) Section 180(d)(3): Parking in excess of 10% required by code to allow for 95% in excess of code requirement. (2) Section 179(1)(3): Minimum parking stall pavement area to allow 17 feet of pavement with a 1.5 foot overhang. (3) Section 179 (e): Wheel stops required on interior parking spaces to eliminate wheel stops. (4) Section 179(1)(1)(a): 10 foot wide spaces to allow 9 foot wide spaces. (5) Section 207: Which requires bicycle parking to provide bicycle parking in Phase 2 with the main clubhouse. SECTION 4. Construction of the Planned Unit Development shall be in compliance with the following plans on file with the City's Growth Management Department: (1) March 30, 2001 Site Plan, Sanders Planning Group, Sheets SP -1 through SP -3 (2) March 29, 2001 Landscape Plan, Krent Wieland Design, Inc., Sheets L -1 and L-2 (3) March 29, 2001 Cart Barn Architectural Plan, Jeffery A. Ornstein, P.A., Sheet 4 (4) November 28, 2000 Cart Barn/Bag Drop Off Architectural Plan, Jeffery Ornstein, P.A., Sheet 12 (5) October 11, 2000 Academy Architectural Plan, Jeffery A. Ornstein, P.A., Sheet 4 (6) October 12, 2000 Specific Purpose Survey, Mock -Roos, 2 sheets (7) March 30, 2001, Point by Point Calculations (Site Lighting Plan), Hillers Electrical Engineering, Inc., 1 sheet. (8) January, 2001, Conceptual Drainage Layout, Mock -Roos, 1 sheet. • SECTION 5. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS ATTEST BY: CAROL GOLD, CMC, City Clerk VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCIL WOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO • DAY OF 2001. JOSEPH R. RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY NAY ABSENT • • • CODE CONSISTENCY TABLE Consistency with the Land Development ]regulations Comparison (per CG1 Allowed Proposed Compliance Waiver code unless otherwise Requested noted) Open Space (Per PCD 10% min. 48% yes Sect. 89) Minimum Building Site 1.0 ac 27.27 acres yes Area Minimum Lot Width 100' 1700'+ yes Building Square 100,000 sf max 16,102 sf yes Footage (per Development Order) Maximum Building Lot 35% .38 ac /5% yes Coverage Maximum Height Limit Academy — 36 feet Cart Barn - 28 feet yes (Limits allowed on MP) Clubhouse & Accessory Bag Drop Off - 12 feet Bldgs - 50' Academy - 276" Setbacks Front 50 feet 950+ feet yes Side 15 feet 48+ feet yes Side Facing Street 40 feet 800+ feet yes Rear 15 feet 20 feet yes Comparison (per CG1 Allowed Proposed Compliance Waiver code unless otherwise Requested noted) Parking Number Required 4 spaces/hole (72) plus 1 Yes space per 300 sf for 187 (6 accessible) no (Waiver Academy (19) request for 91 spaces required spaces to (2 accessible) exceed 10'- of required) Stall Dimensions 10 feet x 18.5 feet 9'x 18.5' no Yes (waiver requested to allow 9' spaces) Paving Space Pavement 10 x 18.5 feet 9 x 17' no Yes Loading Spaces 1 @ 12'x 35' 1 @ 12'x 35' yes • • • Comparison (per CG1 Allowed Proposed Compliance waiver code unless otherwise Vacant PCD RL Requested noted) Clubhouse and accessory uses, golf Ground Signs 1 for 300 feet of ROW TO THE NORTH: frontage, + 1 per 1 yes TO THE SOUTH: Number Allowed additional 700 feet ROW Mirasol Way, Residential PCD RL Parcels/Golf/water frontage (3 allowed) TO THE EAST. - Setbacks 15 feet -from ROW line 15' from ROW line yes TO THE WEST. 50 feet -side property line Mirasol Way Lake /Golf/Residential PCD RL Dimensions 15 ft length/ 10 ft height Details to be submitted at a yes maximum, 60 square feet later date for City Council face area maximum approval (per Master Signage Program) Landscaping Points N/A 9446 yes Existing Zoning and Land Use Designations EXISTING USE ZONING FUTURE LAND USE SUBJECT PROPERTY: Vacant PCD RL Master Plan designation — Clubhouse and accessory uses, golf school, Villas TO THE NORTH: Lake /Golf Course PCD RL TO THE SOUTH: Mirasol Way, Residential PCD RL Parcels/Golf/water TO THE EAST. - Golf PCD RL TO THE WEST. Mirasol Way Lake /Golf/Residential PCD RL Parcels PETITION SP -01 -01 MIRASOL CLUBHOUSE APPLICANT JUSTIFICATION FOR WAIVERS Parking spaces in excess of required In accordance with Section 180(d)3 of the Land Development Regulations, the applicant would like to request a waiver to allow the number of parking spaces provided on this site to exceed 10% of the required number of spaces. Due the phased construction of the site, the number of spaces in the portions of the parking lot which are to be constructed at this time exceed the required number of spaces for the uses that are being constructed. The facilities which demand the additional parking will be included in the overall site plan and submitted for approval at a later date. The additional parking will not impact the required open space of the site or the surrounding area. Parking space surface material The applicant is asking for a waiver from Section 179 (1)3 which states: "Paving. Not less than the minimum dimensions of all parking spaces, travel aisles, and other vehicular circulation areas shall be paved. Use of specialty paver brick or surfaces may be approved by the City Engineer." The applicant is requesting a waiver to allow both pervious and impervious surfaces to be used in the construction of the perimeter parking spaces. This waiver request applies only to those spaces which abut either a 5' concrete sidewalk or perimeter landscape area. Elimination of wheelstops Due to liability and maintenance problems associated with wheel stops, the applicant has chosen, as allowed by Section 179 (e) "Wheel Stops ", to install a 6" wide non - mountable curb in lieu of wheel stops for all areas adjacent to landscaping or sidewalks. The curb is proposed to be placed at a point 17 feet from the end of the parking space, which is one foot deeper than the location that the wheel stop would otherwise be placed. In locations where parking spaces abut a sidewalk, the applicant has expanded the sidewalk surface area by one foot to accommodate the overhang of the car. Where the parking spaces abut landscaped open space, an additional one foot of grass has been provided as part of the parking space. The length of each space includes 17 feet of pavement, 6" of curb and 1 feet of either grass or raised pavement for a total of 18'6" per parking space. If the 18'6" of the parking space were to be paved and the curb was to be placed at the end of the 18'6 ", with the overhang of the car beyond the curb the effective length of the parking space would be increased to 20'6 ". By placing the curb at the 17' location, the applicant is able to reduce the appearance of pavement and increase the pervious area appearance of open space. Section 156 (e) "Protection of Landscape areas" of the current Palm Beach Gardens Land Development Regulations allows vehicles to overhang into landscaped areas provided the area is not included in the open space calculation. We have not included the overhang area in the open space calculation. In the center of the parking lot, where spaces do not abut either landscaped or sidewalk areas the applicant is proposing to eliminate the wheel stop altogether. It is staffs professional opinion that by using curbs instead of wheel stops, maintenance of the parking areas is greatly improved and liability associated with wheel stops is eliminated. The decision to place the curb where the wheel stop would otherwise be is also based in part by standards that have been established by Palm Beach County code. This waiver request is consistent with the parking space configuration allowed by Palm Beach County, the parking configuration approved by the City for The Commons development, and as required meets the majority of all applicable criteria for waivers established by the Land Development Regulations. Parking space widths The applicant is requesting a waiver from Section 179(I)(1)(a) which requires that parking spaces be a minimum of 10 feet in width, to allow for parking spaces that are 9 feet in width. The nature of the use of this parking area is to provide private parking for members of the golf club and not the general public. A majority of the parking will be done by professional valet parking attendants. As such, use of the parking areas will be self regulated by the members and the club security. The required open space for this parcel is 10% of the land area which in this case is .74 acres. The reduction in pavement based on 181 "full size" parking spaces would require .12 acres or 5022 square feet of additional open space. The proposed plan provides for 3.52 acres of open space which, less the .74 acres and .12 acres required by code, still provides for 2.66 more acres of open space than required. Bicycle Parking The applicant is requesting a waiver from Section 207 which requires bicycle parking, to allow the bicycle parking to be included in the second phase of development along with the main clubhouse and tennis /fitness facility. The first phase of construction is primarily intended for use by golfers and due to the nature of the logistics of transporting golf equipment, it is not anticipated that there will be a need for bicycle parking in the first phase. The applicant intends to include bicycle parking as part of the main clubhouse, and tennis /fitness facilities as the need is more appropriate at those locations. ORB 107 1 Cat Pq 5-3�4 DOROTHY H. uILR6N, CLR( PB CMNTY. tt • F`tU- w. C To Deed RET:1'`ca ?ROPERT 5 Legal Description of Parcel 30.02 . . A pace! or :and situate in Section 3, Township 42 Scuth, Rarge 42 East: within, the munici0 3i limits of the c -tt of Palm Seam Gardens, Fulol Beach County, Florida, and tieing mare partic:.,larly described as follows: Commencing at she Southeast corner of said Section 3; thence North 8E" West, al n,, the South lire of Southeast Quarter ( SE A ) of said Section 3, a distance of GMM feat; thence North 010 35'04' =ast, departing said Souttl line, a alstance of $8.75 feet to : poin: on the North M91hf of tWay Uro of PGA Soulevard: said point also being the POINT OF BEGiNNING V the herein described parcel of land. Thence South 87• 49'15 W65t, along said Ndrt" line, a distance of 625.00 fee:: thence North 43° 30'10-Wes:, departing from said North line, a distance of 623.19 feet to a point on a curve Concave 1yC5;dr4,y ( a radial line p943ing through said point bears North 43. 30' 10 `1Vest ) having a radius of 175.00 feet; thence northwesterly along the are of said c,.:rve through a central angle of 1110 36'20 ", a diStanea of 340.88 feet to a point on a curve concave easterly ( a radial tine passing thrduyh 5ald point bears South 83° 33'55' East ) having a radius of 2,940.00 feet: thence northerly along the arc of said curve through a central angle of 470 01' 34; a distance of 360.43 feet; thence South 85* 2A'560l=ast, 3 distance of 1.067.38 feet to the West right of way tine of Florida3 Turnpike: thence South 010 35'04' Yrest, along. raid Nest right of way line, a distance of 1,041.54 feet to the POINT OF BEGINNING. Containing in all. 22.24 acres, more or less. • 01/12/01 .•15:19 FAX 5616221707 TWC MIRASOL � URBAN . _AN DESIGN 1@00.2/002 January 12, 2001 Mrs. Anne Booth. Urban Design Studio 2000 Palm-Beach Lakes Boulevard Suite 600 West Palm Beach, FL 33409 RE: Mirasol Country Club - Clubhouse Phase 1 Site Plan Review Application Dear Anne: The Mirasol Property Owners Association "Architectural Review Committee" has reviewed and given conceptual approval for the following plans: • Site Plan prepared by Sanders Planning Group • Landscape Plan prepared by Krent Wieland Design • Architectural Plans prepared by Jeffery Ornstein, (Cartbarn, Academy and Cart Drop Off) If you have any questions or need additional information, please contact my office at 622 -1730. S' erely, Ja es . Harvey Pr ' Development g Tay or Woodrow Communities 4. Ja�N ,a Taylor Woodrow Commm8ies at Missal, MI. ♦ 11400 Nursery lane A Palm Beach Gardens, Ft 33418 P) 561.622.1.730 800.578.4544 F► 561.622.1707 ;) VW IN ril4 \ \�; I LAN .IuVI�11.Yllll.l. t� \; '� CA- lop P. AU k.s KI r Mp INC:; MEM, All. t -dL AARRIFIS M T w - � Vin. � I�f ��I � � �_ 1w, All Mtam vc; oo! ;pb all = c IL E c (D(DCDCDCD(D (IqqcRq,Rq A v4MCOCO ,O : r C4 N C4- C4—cDcoo)C3 , C�C�00— u D i 0 n • 6 _f I t fa. u IIIIIIIIIIIIIIIIIII�I � • -?3.2: -P• me I A I ifi I lems,. ., ld x - � 11 a � €fi H di 6 �p 99 i 'o��l� - 6e[1[e�`A O�iSf$IH�PYA I� �15�19Fhm'a� I q' LAN SiRAS�IER �$— _ •H @A 41 Q I� 0 11 i V 6g . , I I il 11' � 11.4 jd oi A -� i i . ! 1ti� fi 111 ii pi JOIN. 114 #i CART BARN PAIL UAM CARW@i8. MMA ■ [ �-00 > § It 0 0 )> ( (( - �'��� |� - -� � q 11-N IRAISIE: -R Country Club ACADEMY FAIR MACE GMENS, nORMA | | |� ]|$ a � ��� /��\� � co � |�`([\ � � ��( . 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Diedrii 0aµ H B A I �' 1 REVISIONS q/$ CART BARN O PAL![ BEACH GARBIIIV3, 0MA ® F i try club d I OI cl < 1 w 1 a s ss s g U m i 0 4 Petition r (SP-01 -01) Taylor Woodrow Communities/ Golf Digest PCD Golf Digest LTD. .P w Site Plan 11400 Nurs ery Lane s Miarasol Clubhouse Phase 1 Palm Beach Gardens, FL 33418 .a Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 R. Lauderdale, FL 33308 (954) 491 -8890 I ^mod l+/ 0 O �o m� �m o � � e a E h 1C ]j .141,01; a j 8� 3a S� If 116 1i i • X427.07' CD M^' T q C 4s a 0% O 141 1 1 14 V I R =630.00 D=10.07. r_ c� 9 Y@ i NO 5 0 1 1 I r_ c� 9 Y@ i NO 5 sao � i \ m Cr g C,n �C s CO- 9� 3 CO a � ®9i .ew (0 Petition # (SP- 01 -01) Taylor Woodrow Communities/ Golf Digest LTD. t Golf Digest PCD Site Plan I104 00 Nursery Lane o s ?3 at Miarasol Clubhouse Phase 1 Palm Beach Gardens, FL 33478 - [Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft Lauderdale, FL 33308 (954) 491 -8890 m N I I i JZ sao � i \ m Cr g C,n �C s CO- 9� 3 CO a � ®9i .ew (0 Petition # (SP- 01 -01) Taylor Woodrow Communities/ Golf Digest LTD. t Golf Digest PCD Site Plan I104 00 Nursery Lane o s ?3 at Miarasol Clubhouse Phase 1 Palm Beach Gardens, FL 33478 - [Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft Lauderdale, FL 33308 (954) 491 -8890 m I I1 C g s 's B O IM 32 IAA M LJ .1 _ IDg �a ®� ®a N J � aF � �:] E---] = I W C lr-n C N I•A23 q HIM RIF It �� ���� E PLO too 4-4 r9~i m j Ir- t ' I - -Ta�rlor-WoodrowFCommunities/ - G Ifo Digest PCD Alternate 10' Parking Golf Digest LTD. Lane Miarasol Clubhouse Phase 1 Stall Plan Palm Beach Gardens, FL 3341a Sanders Planning Group, p.a. 2425 E. Commercial Blvd., #407 Ft Lauderdale, FL 33308 (954) 491 -8890 N Q (D M =n �9 �3 m fill {i $4� [jig F�44;!Ig° a fill ail 3 g ��' I� � � � Y : J i i'f�• { �€ a 8a � �� •,..., g lI a 6j� PIs 1 1 - to € s f o a° Q a t® i N fG O 1 11 ` 9 I G Q 1 \ 1 5 01 -32 -52 W D= 194.36' N • p E • t z ¢ 11 1= €i Hli 9 M FF€ E s s v S iR d ffi~ \- 231 gFv E4 E eH� El �_H € \ �° .�t t. HEM• vH H I F @i,� =l¢.@ a � €fv €,,. Z s +�. •� f Qzd i d 13 :I a a-� va'g xB�a oil I�H ° 1 i i° li ° RR 11; fill o b B I a� SL 9 ACADEW/ CART HAM TEMP. PRO STOP LANDSCAPE PLAN jym 11 �aa s � R3 MirL�S ®C � ��8�8 � �o� mmm TAYLOR WOODROW $ E x,06, PALM BEACH GARDENS, FLORIDA cot�in�uNimes i s 1 0 s f o a° Q a t® i N fG O 1 11 ` 9 I G Q 1 \ 1 5 01 -32 -52 W D= 194.36' N • p E • t z ¢ 11 1= €i Hli 9 M FF€ E s s v S iR d ffi~ \- 231 gFv E4 E eH� El �_H € \ �° .�t t. HEM• vH H I F @i,� =l¢.@ a � €fv €,,. Z s +�. •� f Qzd i d 13 :I a a-� va'g xB�a oil I�H ° 1 i i° li ° RR 11; fill o b B I a� SL 9 ACADEW/ CART HAM TEMP. PRO STOP LANDSCAPE PLAN jym 11 �aa s � R3 MirL�S ®C � ��8�8 � �o� mmm TAYLOR WOODROW $ E x,06, PALM BEACH GARDENS, FLORIDA cot�in�uNimes i s 1 cQL o� 3? E D =522.65' _ W.;a Way - 630.00 — E. Q - � C _r` C a � N JF g o� co 0 c cn cD _ s n �A 3 1 J �CD �.o V iO rt L a g � d AMIN o s2 f Q I j r ACADEMY/ CART LANDSCAPE PLAN F _g Oil trasor mPALM BEACH QARDENS, FLORIDA TAYLOR VVCCOFM 5 Q 3 1 / :1 � oil m — � CD A ,i • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: April 19, 2001 Date Prepared: April 10, 2001 Subject/Agenda Item: First Reading of Ordinance 10, 2001, regarding the rezoning of approximately 75 acres of land from PDA — Planned Development Area to PCD — Planned Community District and master plan approval for the Legacy Place development located southeast of PGA Boulevard and Alternate A1A. Recommendation /Motion: Motion to approve Ordinance 10, 2001, on First Reading and to schedule Second Reading and Adoption on May 3, 2001. Reviewed by: Originating Dept.: Costs: $ N/A Council Action: City Attorney Finance Planning Division Total [ ] Approved $ N/A [ ] Approved wlconditions Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: April 12, 2001 [ ] Operating Attachments: Paper. Palm Beach Post [ ] Not Required [ ] Other 1. Ordinance 10, 2001 2. Public hearing notice 3. Cross section for Legacy Drive Submitted by: da'.V, Growth Mgt. Director Affected parties ] Notified Budget Acct. #: ( ] None Appaa City [ ] Not required BACKGROUND: The Legacy Place Project is located on a 75 acre site, southeast of the intersection of PGA Boulevard and Alternate AIA. The future land -use designation for the entire site in the Comprehensive Plan is Mixed Use (NUM). The applicant is seeking a rezoning as part of this application from Planned Development Area (PDA) to Planned Community District (PCD). C� The development program for the 49 -acre commercial portion of Legacy Place consists of: Retail Professional Office Total Commercial 399,000 square feet 69,000 square feet 468,000 square feet The Commercial Parcel will have a significant number of 2 -story buildings and one 3 -story structure. Some of the 2 and 3 story facades are for architectural purposes and will not contain actual floor space. There is a separate site plan application for the commercial parcels. The Residential Parcel (south) is approximately 26 acres in size and is currently proposed for 384 apartment units with a density of 15 units per acre. There is a separate site plan application for the residential parcel. OutstandinLr Issues Mixed Use Density Bonus Under normal circumstances, the residential parcel in the PCD would be limited to 12 units per acre. The developer is requesting a density bonus for the residential parcel to increase the density to 15 units /acre. Policy 1.1.1.3 of the City's Comprehensive Plan indicates, in part, "Residential High land in MXD projects shall have a maximum density of 15 units /acre as a bonus for consideration of planned, multi- faceted development." The same Policy also grants the City Council the power to waive the "mandatory residential requirement for any MXD" that meets the stated criteria. This Comprehensive Plan policy is consistent with Section 91(f) (Table 18) of the City's Land Development Regulations. Within the subject table, Note #3 states, in part, "Residential High parcels shall have a maximum density of 15 units per acre as a bonus for implementation of planned, and vertically and horizontally integrated development." Section 91 of the City's LDR also provides the criteria for City Council to grant a waiver from the mandatory residential requirement for MXD projects. In March 1999, the applicant made a request to the City to waive the "mandatory residential requirement" for MXD projects. At its April 8, 1999, meeting, the City Council granted the residential waiver for the Legacy Place MXD PCD with the knowledge that there would be a residential component. The applicant felt that this was consistent with Policy 1.1.1.3 of the City's Comprehensive Plan and Section 91 of the City's Land Development Regulations, as the commercial and residential site plans have been prepared to provide horizontal integration in a multi- faceted development. Policy 1.1.1.3 lists the criteria for a density bonus as the "consideration of planned, multi - faceted development." With the planned residential, office and commercial development plan, 2 0 Mixed Use development. The criterion for the density bonus, as expressed in Section 91 of the LDR, is the "implementation of planned, and vertically and horizontally integrated development." The applicant has worked with staff to provide an integrated environment for a successful mixed -use project in compliance with Section 91. Office and commercial uses are vertically integrated and the residential development is immediately adjacent with three points of pedestrian connection. The proposed residential component is within easy walking distance of the Legacy Place commercial/office component, as well as the North County Governmental Center, North County Library, the Eissey Theater, the Eissey Campus of Palm Beach Community College, the NorthCorp Business Park and a number of other employment opportunities. All of these nearby business, entertainment, and governmental activity nodes are part of the mixed -use City Center context in which Legacy Place is located. In addition, the office, commercial and residential developments of the Legacy Place PCD have numerous unifying elements. They include consistent architecture, building materials, colors and building scale (buildings are kept to a human scale maximum of three stories). Other unifying elements include streetscape landscaping, specialty lighting and paver, site furniture and fountains. Existing oak trees will be relocated throughout the project. The proximity of the commercial, office and residential uses also provides for the potential of cross parking utilization. Moreover, the three component uses within the PCD share an interconnected drainage system utilizing lakes and water features throughout the development. In addition to its consistency with the Comprehensive Plan and the LDRs, the applicant also believes that the density bonus is consistent with good urban planning. Providing residential units within the City's identified City Center is desirable in order to create an active and vibrant urban environment. This fact is echoed by Jane Jacobs in her seminal work, The Death and Life of Great American Cities, when she states, "If the object is vital city life, the dwelling densities should go as high as they need to go to stimulate the maximum potential diversity in a district." This principle is further articulated by Roberta Brandes Gratz and Norman Mintz, who, in their 1998 book, Cities Back from the Edge, New Life for Downtown, state, "High -rise or even low -rise density is not, by definition, bad and, in fact, it is the only thing that makes feasible a cost - effective and efficient urban infrastructure. Cities must have sufficient density to function well." Staff has considered the detailed justifications proffered by the applicant and finds that, in this unique case on a key site located in the City's Center, the mixed -use density bonus should be granted. Legacy Drive Since the previous Workshop, staff has developed and is now recommending a revised four -lane z • corridor design alternative which is shown in Exhibit 1 attached. The modified design includes a 6 -foot wall on the east side and an 8 -foot sidewalk/bikepath combination on the west side. The primary changes since the prior design include the removal of the 2 "in- road" bike lanes and reduction in the wall height from 8 to 6 feet. The revised alternative provides a 7- foot -wide landscape buffer in front of the east side wall, and a 3 -foot drainage swale behind the wall. This design would also extend to the future 4 -lane section planned for Fairchild Gardens Drive segment up to PGA Boulevard. Staff does not recommend the proposed 2 -lane Legacy Drive cross - section shown on the current version of the Master Plan, but does recommend a 4 -lane Legacy Drive cross - section with a 6-foot- high wall on the east side. Internal Bicycle Facilities The PCD Master Plan as well as the individual project site plans do not adequately address bicycle facilities within the site pursuant to the City's Linkage Plan, in staff's professional opinion. The Master Thoroughfare Plan should be modified to add bikepaths and secure storage facility locations throughout.the development. Special attention should be given to providing safe bicycle access along the East -West Connector and through the residential project from RCA Boulevard to the East- West Connector and north into the commercial center. Staff has added a Development Order condition to address this issue. Requested Waivers The applicant is requesting the following Master Plan waivers from current Land Development Code (LDC) requirements: 1.) Waiver to provide reduced right -of -way width of 53' to 64' for the Legacy Drive corridor; less than the standard City Code and Linkage Plan requirement of 80' for a secondary roadway. Justification: Applicant feels that Legacy Drive requirement was adopted well after initial PCD submittal in 1999. Thus, it was an extra requirement not planned for and applicant has made extraordinary effort to accommodate this new requirement within a relatively intensive urban project. The 4 -1ane Legacy Drive cross - section will meet the overall capacity, pedestrian and bikeway intent of the Linkage Plan. Due to the unique circumstances of this project, staff agrees with this reasoning provided staff recommended cross - section is adopted. 4 0 2.) Waiver to provide sidewalks on only one side (west) of the Legacy Drive corridor; sidewalks on both sides are required by Code. Justification: Stafffeels this waiver is acceptable since the east side sidewalk will not serve to enhance the area pedestrian network and the subject land area is necessary for Legacy Drive landscape buffer. 3.) Waiver for reduced tertiary road width to minimum of 30 feet for the East -West Connector Road, including the Northern Extension; less than the standard City Code and Linkage Plan requirement of 50 feet for a tertiary roadway. Justification: Applicant feels that the overall intent of the East -West Connector requirement is being met, while preserving the necessary local "urban -style entry drive "function of this roadway to the commercial project. Staff indicates that this road will not function as a "tertiary road" under the Linkage Plan, but that the 4 -lane expansion of the Fairchild Gardens Drive /Legacy Drive corridor will serve to offset some of the east -west capacity loss which will occur with the proposed Connector design. Due to the unique circumstances of this application, staff accepts this waiver only if the applicant provides bicycle facilities along these roads in future amended plans to be submitted. 4.) Waiver to allow East -West Connector and Northern Extension to be dedicated as a "public access easement "; LDC requires roads to be designated as public rights -of -way. Justification: Stafffeels that in this unique circumstance where the function of the subject roadway will not be that ofa tertiary road, the public easement dedication will be acceptable and not significantly impact the public access function and maintenance of the road. 5.) Waiver to not provide bikeway on east side of Legacy Drive; City's Linkage Plan requires bikeway on both sides of this road. Justification: Staff supports this waiver and feels that a bikeway is not needed on the east side due to the unique right -of -way constraints of this project. A bikeway will not serve to enhance the area bicycle network because there is no connection point on the north end of Legacy Drive, and the subject land area is necessary for Legacy Drive landscape /wall buffer. 6.) Waiver to permit the PCD east buffer along future Legacy Drive at a width ranging from eight feet (south end) to 11 feet (most of the corridor); Less than required by City Code, which mandates a 15 foot buffer. [Code Section 160(a)] Justification: The latest staff cross- section alternative for Legacy Drive shows a reduced east buffer. In order to provide other important features of the corridor, such as a median and bikeway, the reduced buffer width is necessary and thus acceptable to staff. Recommendation The Planning and Zoning Commission voted 7 -0 on April 10, 2001, to approve the staff recommendation Staff recommends approval of Petition PCD -9 -02, with the conditions listed in the attached ordinance, and approval of the requested waivers, except for Waiver #6 regarding the deletion of the required north -south bikepath through the project. g: \sc \txt \legfacypcdcc • 9 April 12, 2001 0 ORDINANCE 10, 2001 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, REZONING APPROXIMATELY 74.2 ACRES OF LAND GENERALLY LOCATED SOUTHEAST OF THE INTERSECTION OF PGA BOULEVARD AND ALTERNATE A1A, AS DESCRIBED HEREIN; AMENDING THE CITY OF PALM BEACH GARDENS OFFICIAL ZONING MAP; APPROVING A MASTER PLAN OF DEVELOPMENT FOR THE LEGACY PLACE PLANNED COMMUNITY DISTRICT; PROVIDING FOR CONDITIONS; PROVIDING FOR WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received Petition PCD -99 -02 from PGA Gateway, Ltd. for the rezoning of approximately 74.2 acres of land located southeast of the intersection of PGA Boulevard and Alternate A1A, as more particularly described in Exhibit "A" attached hereto, from PDA — Planned Development Area to PCD — Planned Community District; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is sufficient; and WHEREAS, the proposed rezoning is consistent with the City's Comprehensive Plan, which designates the subject property as Mixed Use; and WHEREAS, the Planning and Zoning Commission has recommended approval of this application at its meeting on April 10, 2001; and WHEREAS, the Growth Management Department has recommended approval of this application. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby approves the rezoning of a parcel of land described in Exhibit "A," which is attached hereto and made a part hereof, from PDA — Planned Development Area to a PCD — Planned Community District and the corresponding master plan of development known as Legacy Place, as described below. is April 12, 2001 Section 2. Said Planned Community District is approved subject to the following conditions, which are the obligation of the applicant and its successors and /or assigns: Land Use 1.) The following shall be the only permitted uses allowed on the commercial parcels (Parcels A, B and C) of the Legacy Place PCD: Permitted Uses: Antique shop; appliance and/or electronics stores; art gallery and/or museum; arts, fabric, hobby and/or craft shops; bank/financial institutions (no drive thru); bakery, barber/beauty shops; bicycle sales; bookstore; bridal/fonmalwear store; camera and photography sales and service; candy, nuts and confectionary sales; card and party store; catering service; clothing and accessory store; comedy entertainment club; data processing service; department store (specialty or full line); drug store (specialty only with no drive - thru); dry cleaning; electronic repair; emergency health care; floor covering sales; floral or florist shop; furniture store; gift and card shop; grocery store (gourmet, natural foods or specialty only, not exceeding 40,000 square feet in floor area); hardware store (specialty only); interior design, including sales; health and fitness club or day spa; houseware sales; jewelry store; leather goods and luggage stores; mail and packing store; marine equipment sales, excluding boats and personal watercraft; medical or dental offices or clinics; music and musical instrument sales; news and magazine sales (family oriented); office equipment sales; optical, optician or optometrist offices; photocopying store; personal services; picture framing; pet shop; pottery shop; private club or lodge; professional and business offices; public park; restaurants (no drive thru); shoe store; sporting goods; soft goods stores; studio (instructional or professional); tailoring shop; telecommunication equipment sales (for personal use only); travel agency; tobacco shop; toy store; video games and entertainment stores; video rental and sales (no pornographic material); minor utilities and accessory uses; other general retail uses, and similar uses normally occurring in "Lifestyle and Festival Centers." Such similar uses are subject to the approval of the Growth Management Director prior to licensing and occupancy. [Growth Management] 2.) Conditional uses, excluding any conditional uses shown as permitted in Condition 1 above, listed in the City's General Commercial District (CG1) may be allowed within Parcels A, B and C provided any such use is approved by the Planning and Zoning Commission and City Council by resolution, following DRC review and according to the applicable criteria contained in the Palm Beach Gardens Land Development Code, as amended. [Growth Management] 3.) Within the residential parcel (Parcel D) of the Legacy Place PCD, the maximum density shall be 15 dwelling units per acre. Permitted uses include residential, recreation, and associated utility uses. [Growth Management] K April 12, 2001 4. An conversions of uses between major use categories (residential, office, retail) involving Y J g more than five (5) percent of the total approved office /retail square footage shall be processed as a PCD amendment for which the applicant shall submit a Traffic Analysis for the City's review and approval. [Growth Management] 5.) Construction of the Planned Community Development shall be in compliance with the following plans on file with the City's Growth Management Department: [Growth Management] Site Plan entitled "Parcel 28.01 MXD - Palm Beach Gardens, Florida - Master Plan," prepared by Urban Design Studio, dated 2 -7 -01 (and as amended to comply with this D.O.), and consisting of 1 sheet. Thoroughfare Plan entitled "Parcel 28.01 MXD - Palm Beach Gardens, Florida - Thoroughfare Plan," prepared by Urban Design Studio, dated 2 -7 -01 (and as amended to comply with this D.O.), and consisting of 1 sheet. Landscape Plans entitled "Legacy Place - Palm Beach Gardens, Florida - Landscape Buffer Plan - Sections A-A' through GG' ," prepared by Urban Design Studio, dated 2 -7 -01 (and as amended to comply with this D.O.), and consisting of 7 sheets. Transportation 6.) Pursuant to Palm Beach County's Concurrency Certification for Legacy Place and City Traffic Concurrency requirements, the City shall not issue any building permits for the project which will generate traffic in excess of the trip thresholds established below unless the following roadway conditions are met: a. Prosperity Farms Road —Lone Pine to PGA Boulevard: No more than 3,575 daily external nonresidential trips until the contract has been let for widening Prosperity Farms Road to four (4) lanes from PGA Boulevard to Lone Pine Road (89,570 square feet of retail or mix of nonresidential users thereof which does not exceed 3,575 daily nonresidential trips). [County] b. PGA Boulevard and Fairchild Gardens intersection: No more than 9,210 daily external nonresidential trips until the contract for construction has been let for a second northbound left turn lane (302,300 square feet of retail or mix of nonresidential uses thereof which does not exceed 9,210 daily external nonresidential trips). [County] Is C. PGA Boulevard— Victoria Gardens to Fairchild Gardens: No more than 10,283 daily external project trips until a contract has been let for construction adding a fourth lane in the westbound 3 • April 12, 2001 direction, with appropriate distance through the Fairchild Gardens intersection (242,120 square feet of retail, 100,000 square feet of office and 384 multifamily units or mix thereof which does not exceed 10,283 daily external project trips). [County/Engineering] d. PGA Fly -Over: No more than 9,127 daily external nonresidential trips until the contract for the PGA fly -over project has been let (291,280 square feet of retail, 122,400 square feet of office or mix of nonresidential uses thereof which does not exceed 9,127 daily external nonresidential trips). [County] e. Alternate AIA —PGA. Boulevard to Hood Road: No more than 5,240 daily external nonresidential trips until the contract has been let for construction widening AIA from PGA Boulevard to Hood Road (162,650 square feet of retail or mix of nonresidential uses thereof which does not exceed 5,240 daily external trips). [County] The applicant shall submit a trip generation progress report prior to the issuance of each building permit showing the current and projected number of daily trips to be generated and how they compare to the above trip thresholds. In order to approve any building permit which would generate trips in excess of a threshold established above, a letter certifying satisfaction of the applicable condition from the County Engineer must be received by the City and approved by the City's Engineer. [Engineering] 7.) Prior to the issuance of the first certificate of occupancy for non - residential development, the applicant shall construct the east -west linkage road to a point of substantial completion. Substantial completion shall be defined as completing the first lift of asphalt, and all drainage and pedestrian features. [Engineering] 8.) Prior to the final certificate of occupancy for non - residential development, the applicant shall complete the construction of the east -west linkage road, including its northern extension, to the satisfaction of the City Engineer. [Engineering] 9.) Prior to the issuance of the first certificate of occupancy for non - residential development, the wV_ i be 4 applicant shall construct the required �anrt�hrn,niright turn lanes from RCA Boulevard to Legacy Drive and from RCA Boulevard to Alternate AIA to the satisfaction of Palm Beach County. The applicant shall submit a letter from Palm Beach County verifying the completion of these improvements. [Engineering] 4 April 12, 2001 10.) Prior to the issuance of the first certificate of occupancy, the applicant shall complete the construction of the 4 -lane cross - section of Legacy Drive, including the west pedestrian bikeway, to the satisfaction of the City Engineer (including the final lift of asphalt, landscaping, pedestrian facilities, privacy wall and drainage structures). This cross - section shall include a left -turn lane at the residential project entrance. Exhibit 1 shows the approved cross - section for the construction of Legacy Drive and associated buffer areas. [Engineering] 11.) Prior to the issuance of the first certificate of occupancy, the applicant shall complete the construction of a 4 -lane cross - section, similar to the design of Legacy Drive and the west pedestrian bikeway, for Fairchild Gardens Avenue to the satisfaction of the City Engineer (including the final lift of asphalt, landscaping, bike and pedestrian facilities, and drainage structures). [Engineering] 12.) Upon completion of construction of the east -west linkage road, the applicant shall provide a Public Access Easement along the entire alignment of the east -west linkage road, including its northern extension. The applicant shall be responsible for the maintenance of the public improvements within this easement. [Engineering] 13.) The applicant shall submit for review and approval by the City, the language for the dedication of the Legacy Drive right -of -way. The dedication of the right -of -way (complete with all of the required public improvements) and the recordation of the dedication documents in the official records of Palm Beach County shall occur following completion and acceptance of the City of the applicable roadways. [Engineering] 14.) Prior to the issuance of the first building permit, the applicant shall provide written correspondence from the Florida Department of Transportation that verifies the permitting and construction obligations of the FDOT for the two additional entrances to the project (one on PGA Boulevard and one on the loop road). [Engineering] 15.) The applicant shall work with the Palm Beach County Transit Agency (PalmTran) to locate the appropriate number of bus stops to provide "urban level" service to this development and construct attractive shelters at each stop prior to the first certificate of occupancy. A letter from PalmTran documenting the adequacy of transit service to the PCD site will be required to satisfy this condition. [Growth Management] 16.) Prior to the first building permit, the applicant will submit a revised Master Thoroughfare Plan for City staff review and approval indicating a 3 -foot, grade - separated bikeway (adjacent to sidewalk) along the East -West Connector Road and an eight -foot bikeway adjacent to Alternate A -1 -A between RCA Boulevard and the western entrance to the Legacy Place PCD. 5 April 12, 2001 Stormwater Management 17.) No construction of any portion of the surface water management system shall be undertaken without first submitting to the City: plans, specifications and supporting computations for review and approval by the City. [Engineering] 18.) No construction/land alteration shall occur until an environmental resource permit for construction and operation of the water management system, or portions thereof, are issued by SFWMD and approved by the City. [Engineering] 19.) The applicant shall provide to the City copies of all correspondence to and from SFWMD regarding any permitting issues. [Engineering] 20.) The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to if required, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submittal of a Notice of Intent to the EPA or their designee and the City, implementation of the approved plan, inspection and maintenance of controls during construction, and submittal of a Notice of Termination to the EPA or their designee and the City. [Engineering] 21. The construction, operation o , ope at on and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to the Regional Center, FDOT.and the adjacent County properties. If, at any time during the project development; it is determined that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and in a manner acceptable to the City. [Engineering] 22.) All areas designated for maintenance of the surface water management system shall be no less than 20 feet wide (minimum) with graded slopes no steeper than 8:1 (horizontal:vertical). No construction or landscaping shall be permitted in the maintenance areas that will unduly restrict, impede or otherwise limit the use of these areas for their intended purpose. [Engineering] 23.) Prior to the issuance of the first building permit, the applicant shall provide surety in a form acceptable to the City Manager, Finance Director and City Engineer in the amount of 110% of the estimated cost of constructing the surface water management system included in the SFWMD Environmental Resource Permit for this project, and all other public improvements as required by Code and associated with this project. [Engineering] 2 April 12, 2001 24.) Prior to the issuance of the first building permit, the applicant's engineer shall certify that the construction plans are in accordance with the Unit 19 conceptual approval or the applicant shall submit for review and subsequent approval a dynamic model for the entire NPBCID Unit 19 Basin that incorporates the details of this project's discharge into that basin and confirms it is consistent with the approved Unit 19 SFWMD operation and maintenance permit. [Engineering] 25.) Prior to the issuance of the first building permit, the applicant shall conclude arrangements mutually satisfactory to the developer, the FDOT and the City that provide an easement for the construction and operation of the FDOT "pass through" drainage. [Engineering] 26.) Prior to the first building permit, the applicant shall submit the Legacy Drive and associated PCD buffer plans to the County's Engineering Department for review and comment regarding the consistency with County stormwater management plans for the adjoining single - family homes. The applicant shall make any buffer plan or stormwater management changes requested by the City Engineer based on County comments before the first building permit is issued. Landscape and Open Space 27.) The 55' PGA Boulevard parkway easement shall be platted as a parkway easement for the purpose of landscaping, and other allowed uses per Division II, Section 105, entitled PGA Boulevard corridor overlay. [City Forester /Growth Management] 28.) If FDOT does not grant the curb cuts on Victoria Gardens Avenue and/or PGA Boulevard, the PCD buffers shall be installed consistent with rest of the respective buffer /55' PGA Boulevard parkway. [City Forester /Growth Management] 29.) Parking lots shall not be visible from PGA Boulevard through the 55 -foot parkway buffer, excluding views from the PGA Boulevard flyover. Berms and landscaping shall be used to create a minimum six-foot _ r" screen of any future parking area. If the drainage areas and utility easements will not facilitate berms and landscaping, the 55' parkway buffer shall be widened until there is enough open space for said berms and landscaping to achieve the said screen. [City Forester /Growth Management] 30.) Landscape beautification shall be provided for adjacent rights -of -way and medians for the following roads: Alternate AIA, RCA Boulevard, Legacy Drive, Fairchild Gardens Avenue, Victoria Gardens, PGA Boulevard (east of the Victoria Gardens intersection) and Prosperity Farms Road, north of PGA Boulevard to Lone Pine Road, with the site plans associated with 0 those roads, excluding areas being landscaped by FDOT. [City Forester /Growth Management] 7 April 12, 2001 31.) If any area is cleared and left vacant for three continuous months, the cleared area shall be hydro- seeded upon the City's request. [City Forester /Growth Management] 32.) Additional groundcover and shrubs shall be added to the median and road shoulder landscaping of Legacy Drive per City Forester requirements prior to the first certificate of occupancy. 33.) The PCD buffer(s) shall be installed prior to issuance of the first certificate of occupancy for the respective parcels A, B and C. With respect to residential Parcel D, a PCD buffer program shall be established as a condition of approval of site plan review for Parcel D. [City Forester /Growth Management] 34.) In the event a special district or other provisions are established by the City of Palm Beach Gardens, or any other public entity, pertaining to PGA Boulevard or Alternate AIA and the maintenance of parkway /roadway landscaping, such provisions shall be applicable to and enforceable against the applicant, and its successors and/or assigns. [Growth Management] 35.) The applicant shall record City Resolution 1, 2001 addressing the provision of a 10 -acre environmental preserve site on Parcel 5A, located immediately northwest of the PGA Boulevard/Alternate AIA intersection, in the public record of Palm Beach County prior to the issuance of the first building permit. [Growth Management] General 36.) Prior to the issuance of the first non - residential certificate of occupancy for this project (including the construction of the surface water management system), the applicant shall submit a boundary plat of the entire PCD for review, approval and subsequent recordation. All additional parcels within the PCD shall be replatted prior to the issuance of the first building permit for the individual parcel. The replats shall contain the commons areas (roadway dedications open space, water management tracts, etc.) as the construction and/or approval of these amenities are completed. [Engineering] 37.) Prior to the issuance of the first building permit for vertical construction, the property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. [Engineering] 38.) The plat shall have a common open space easement around the entire PCD boundary of Parcels A, B, C and D, excluding Legacy Drive, which will represent the PCD buffer. The PCD buffer shall be dedicated to the property owners association (POA) specifically for 8 April 12, 2001 landscaping and perpetual maintenance by said POA. The width of said tract shall be the width of the buffer approved by the site plan associated with each parcel. [City Forester /Growth Management] 39.) The Property Owners Association (POA) for the Legacy Place PCD shall be responsible for the maintenance of landscaping on Alternate A1A, RCA Boulevard, Legacy Drive, Fairchild Gardens Avenue, Victoria Gardens Avenue, and PGA Boulevard (Victoria Gardens Avenue intersection and east to PCD boundary only) from the median to the road shoulder adjacent to the Legacy Place PCD boundary, and on Legacy Drive where the entire right -of -way landscaping and adjacent east buffer area will be maintained. The applicant shall make arrangements with the Regional Center Property Owners Association to share in the maintenance cost of the one median of PGA Boulevard that they have in common. [City Forester /Growth Management] Section 3. The City Council of the City of Palm Beach Gardens hereby approves the following waivers with this approval: 1.) Waiver to provide reduced right -of -way width of 53' to 64' for the Legacy Drive corridor (less than the standard City Code and Linkage Plan requirement of 80' for a secondary roadway). 2.) Waiver to provide sidewalks on only one side (west) of the Legacy Drive corridor (sidewalks on both sides are required by Code). 3.) Waiver for reduced tertiary road width to minimum of 30 feet for the East -West Connector Road, including the Northern Extension (less than the standard City Code and Linkage Plan requirement of 50' for a tertiary roadway). 4.) Waiver to allow East -West Connector and Northern Extension to be dedicated as a "public access easement" (LDC requires roads to be designated as public rights -of -way). 5.) Waiver to not provide bikeway on east side of Legacy Drive (City's Linkage Plan requires bikeway on both sides of this road). 6.) Waiver to permit the PCD east buffer along the future Legacy Drive at a width ranging from eight feet (south end) to 11 feet (most of the corridor) (less than required by City Code, which mandates a 15 foot buffer width). Section 4. Construction of the Planned Community District shall be in compliance with the following plans on file in the City's Growth management Department, as may be amended by W April 12, 2001 I* the above conditions of approval: 1. Master Plan, Urban Design Studio, 2 -7 -01, I sheet. 2. Thoroughfare Plan, Urban Design Studio, 2 -7 -01, 1 sheet. 3. Landscape Buffer Plan, Urban Design Studio, 2 -7 -01, 1 sheet. 4. Landscape Buffer Plan — Section B -B, Urban Design Studio, 2 -7 -01, 1 sheet. 5. Landscape Buffer Plan — Section C -C, Urban Design Studio, 2 -7 -01, 1 sheet. 6. Landscape Buffer Plan — Section D -D, Urban Design Studio, 2 -7 -01, 1 sheet. 7. Landscape Buffer Plan — Section E -E, Urban Design Studio, 2 -7 -01, 1 sheet. 8. Landscape Buffer Plan — Section F -F, Urban Design Studio, 2 -701, 1 sheet. 9. Landscape Buffer Plan - Section G -G, Urban Design Studio, 2 -7 -01, 1 sheet. Section 5. The Growth Management Director is hereby directed to amend the Official Zoning Map of the City of Palm Beach Gardens, Florida, to reflect this rezoning. Section 6. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 7. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not effect the remainder of this ordinance. Section 8. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS THE PLACED ON SECOND READING THIS THE PASSED AND ADOPTED THIS THE ATTEST: mm CITY CLERK DAY OF DAY OF DAY OF JOSEPH RUSSO, MAYOR KKiZ111 2001. 2001. APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY 10 • VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO G:sc /ord/legacypcd C, • 11 April 12, 2001 • - -PUBLIC HEARING NOTICE OF PROPERTY REZONING CITY OF PALM BEACH GARDENS, FL Petition Number: PCD -99 -02 Applicant: PGA Gateway, Ltd. Project Name: Legacy Place Master Plan (Parcel 28.01) PLEASE TAKE NOTICE AND BE ADVISED that the City Council of the City of Palm Beach Gardens, Florida, will conduct Public Hearings on Thursday, April 19, 2001, and Thursday, May 3, 2001, at 7:00 PM, or soon thereafter, in the Council Chambers at 10500 North Military Trail, Palm Beach Gardens, Florida. The purpose of these public hearings is to consider the above petition to rezone the subject property from PDA — Planned Development Area to PCD — Planned Community District, with a corresponding master development plan. The 74.2 -acre site is at the southeast corner of PGA Boulevard and Alternate A -1 -A, as indicated by the map below. The proposed master plan includes 465,000 square feet of commercial space, 69,000 square feet of office space, and 384 residential apartments. The public is invited to attend and participate in the public hearing. All documents pertaining to this petition, including the legal description, are on file in the Growth Management Department at the above address, and may be reviewed by the public during normal business hours, 8:00 A.M. to 5:00 P.M., Monday through Friday, excluding holidays. .152 PLEASE TAKE NOTICE AND BE ADVISED that if any interested person desires to appeal any decision made by the Planning and Zoning Commission with respect to any matter considered at this hearing, such interested persons will need a record of the proceedings, and for such purpose 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. CHARLES K. WU GROWTH MANAGEMENT DIRECTOR CITY OF PALM BEACH GARDENS PUBLISH: The Palm Beach Post April 12, 2001 April 28, 2001 Note: Please ensure that the ad is at least two columns wide, ten inches long, and the headline is no smaller than 18 points. If you have any questions, please call Steve Cramer at 799 -4243. g\sc \textMegacyad.0406 • • • 0 SIN3AfW--j i-A-3i'031 ou =-7-1- - Al :6 MW TAI U4 39 9 O 0 p sn ci C7 XIII. ITEMS FOR DISCUSSION: a. Proposed Underpass for Burns Road Widening Project. b. Team Building Facilitator. • • QF H gr 8g s SE III �� o 1 17 • E F� - ID UJI U \^ I— — V i— E :� h,$ tiu, w iN .: w a^a� ;04 a" a "F 6 ao °c1O a $88"° s x a^ "akmmak Roo °o $wU°8g°� Parcel 28.01 M D oKeoB✓ m S �aa H� �a � � � n s �i gi gi��iioeni �ieai� °emm �i:rn ,w:o��wwn e I i '98 11:1 lm Beach Gardens, Florida Master Plan 7 cu 9' �i e C �y m — � �z I— — V i— E :� h,$ tiu, w iN .: w a^a� ;04 a" a "F 6 ao °c1O a $88"° s x a^ "akmmak Roo °o $wU°8g°� Parcel 28.01 M D oKeoB✓ m S �aa H� �a � � � n s �i gi gi��iioeni �ieai� °emm �i:rn ,w:o��wwn e I i '98 11:1 lm Beach Gardens, Florida Master Plan 3� �c 2 9g 3 aE . 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Should this design not be permitable, the petitioner must ,go back to the City, NPBCID, SFWMD and Palm Beach County to address this drainage system. • (22) -Applicant shall provide an opaque wall or vegetation for screening on the curve of the North Loop Road to block vehicles headlights from. . the residents to the north. • (26) - PCD buffer associated with Edgewater Drive. Wall to be installed along Edgewater shall be painted a color to camouflage it along with the planting of native vegetation along the north side of said wall. • (29) - All Gopher tortoises located on site, except for the approximately 13+ acres targeted for acquisition & Preservation by PBC, shall be relocated off site per Florida Wildlife Commission (FWC) guidelines by the I applicant prior to completing the stormwater management system. • (30) - Within 120 days of development.... • The intersection of Gardens Parkway and Prosperity Farms Road to be permitted by PBC should be aligned to intersect with Idlewild Court. Three options have been proposed, however property will have to be acquired from the Meadows Mobile Home Park to accommodate the new design. Discussions between the City, the Developer and the County will need to take place to achieve this. THERE ARE TWO TEAMS FROM THE POLICE DEPARTMENT BEING RECOGNIZED TONIGHT: Police Officers: ❖ Steven Fee •'• Christopher Barca •'• Robert Wummer •'• Michelle Rose •'• Jamie Roussel •'• Ron Council •'• Johnathan Evans ❖ Marty Greenberg Will not be attending Will not be attending • These officers worked the midnight shift, which is difficult to do because of the adjustment to the hours and the affect on their personal life • They contributed as a group to improve procedures both inside and outside the department. Two areas to highlight are: ❖ They collected donations from area businesses to refurbish a rundown golf cart they acquired. They planned to use the cart for police patrol at special events and in neighborhoods with limited access. TEAM 2 The Accreditation Team: ❖ Lieutenant Robert Artola ❖ Sergeant William Brandt •'• Sergeant Sam Nasca • This team led the Police Department's efforts in re- accreditation by the Commission on Accreditation for Law Enforcement Agencies. • They remained focused during this process and provided leadership and direction during paperwork preparation. • They provided motivation to every member of the agency during the actual assessment. • As a result of the efforts of everyone involved, the Police department received countless accolades from members of the assessment team and the Commission recognizing the quality of the City's service and personnel. These teams help to maintain a mark of professional excellence for the City. Joe. Russo Mayor of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens Fl 33401 Subject: new railroad crossing in Palm Beach Gardens Dear Mayor: April 19, 2001 The calculations from Assistant Director Dan Weisberg are appreciated. They are only based on travel time from Military Trail to the Gardens Mall. The Time difference is very short, or 2.9 minutes between a railroad crossing in parcel 5A and one in parcel 5B. If it is the only problem, it seems very minor compare to the high train horn noise the residents of Garden Woods will have to endure if no QUIET ZONE is approved, and the safety to motorists going West through a very unsafe railroad crossing in parcel 5A. In this case it is not the shortest route the safest one. There is another way to further reduce the traveling time between Military Trail and Kyoto Drive. It would also be much safer. According to FDOT Ms Stacy Miller the authorization from FEC Railway is still pending. It is unlikely FEC Railway will accept the railroad crossing in parcel 5A because of safety. They supported, in their letter of May 22, 2000, our petition against the City Resolution 147. According to FDOT Ms Stacy Miller FRA also has to give their safety approval for the new railroad crossing. There is another option that was mentioned in our first petition of Aug 09, 1999, a road overpass. It has never been considered by the City. The residents of Garden Woods believe that FDOT should build the SW ramp with no railroad crossing overpass. Instead the SW ramp should be built to accept a 2 lane road overpass from parcel 5A to Kyoto Drive at a later date, avoiding a railroad crossing and a light intersection at Kyoto Drive and Alt Al A. Mr Rick Chesser FDOT District 4 Secretary said in his letter of April 20, 2000 that the Department would amend their plans should the City change their position. The timing is very short and it is suggested that an urgent meeting should take place in your presence with Vice Mayor Eric Jablin and Dan Clark, FDOT, Assistant Director Dan Weisberg, the property owner of parcel 5A, the developer of parcel 27 -12 & 27 -14 (down town at the Gardens) and the representatives of Garden Woods. The purpose of that meeting would be to put in place the realization and combined financing between the State, the County, the City, the property owner, and the developer for a 2 lane road overpass from parcel 5A to Kyoto Dr. Some grants can probably be obtained because it is a mater of very important health concern to the residents of Garden Woods and public safety to motorists. Hoping that you will be able to accept our proposition, we thank you for your time. Sincerely yours, Roger. Blangy and Gar en Woods Representatives 11658 Hemlock street Palm Beach Gardens F133410 cc: City Council and City Manager Thomas F. Barry FDOT Secretary Rick Chesser FDOT District 4 Secretary Karen Marcus County Commissioner George Webb County Engineer Charles R. Walker Director Traffic Division Dan Weisberg Asst Director Traffic Division Dan Clark City Engineer Joseph M. Yesbeck FDOT Gerry O'Reilly FDOT Pat Glass FDOT /4 . . . . . . Sharon Long Gild omez Jim St. Antoine J— s i Garcia 1j, A Florida State Office Fverg'ades Conservation Of 4L4 13J,Ckell Avenue, Suite 8-50 Mliarfi,FL. 33131 Tol: 30 37 i -6399 OF FLuRID 3)5'/371, Thursda-�; A n! p 19"'1001 FID Whora It MaN., Concerti: Please c apt this letter as comment from Audubon of-F Iorida tegar&ng th,,� Regional Center DRI/Unit 19. Audubon appreciates the opporl'unify to submit thcs:, comments. VV�e would like to acknowledge the work that 111'.1" goni� into iattcmnpting to buil a cOns'VIISM's regafd-ink'trie site plan of the "The Gmide" developmiz:,,-.-t. Knovling C10signiticance. of the siteaiid previous attemipts by the Courly in, pii-,�hase ai.,d to Pr-,:,-t�TC. the sit-z% w-c- would ask that coi)sideration be given for preseiving as -nuch of the site as i--,,:)sslblc,, Audubon is aware of the desire of flic, local corrin--u-mity to prescr.,e tho tree ell opy alo,?g ProSperity Fanns Road.. One of the Inain attribmes ofthe character o! this m-1011hor,".),00d is the tre- line along all surrounding,' roadway�,. - 1"i-I'vironi-vientchl corlsiderations in such site design add great amenitics to uojyj..jj, ,?Ijj4j S ail i preserve the character of a mral-typC Wadway. Mifle, allo,,viiig economi.call-v ("onellicial use of the property. Such preservatio-n could provide these mviltiple, bcnefits. We wolfld V urge the 'Council to consider an imiportaiyt additioli to the slt% plan proposcif, prescr,7ill,g as niuch of tl-,,,c tree hi-w along Prosperity FamsRoad as possible. I" We appreciate the Council's defibcrations on ihis and hope that a result that benofits the developer and the sunounding Community c,,,,n be reached. Thank. you for yom- Ei-in Deady. Esq 2-ovII-on,n-;enta-' Counsel A SIRATFOIC ALLIANCE OF TVIFFLORIDAAND MATIONALSOCIETIES FN 1,v,-H 45 L(X:At� AUDUBON CHAPTERs' F Q R 1) A Nat ona AUDUBON Audubon Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair Karen T Marcus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene April 10, 2001 Mr. Dennis Solomon, Chairman and Commission Members Planning and Zoning Commission City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 RE: PCD - 99 -02 - Legacy Place Dear Chairman Solomon and Members: County Administrator Robert Weisman At tonight's meeting, you will be reviewing the Master Plan for the Legzicy Place project. As the District One County Commissioner, representing the unincorporated residential neighborhood immediately east of this project, I would like to voice my comments. The residents on Monet Terrace and I support a two lane road connec :ing RCA Boulevard to PGA Boulevard through the Legacy Place project. in addition, ':hey are requesting a wall be built to buffer their homes from the project, which I >trongly support. The residents have also requested that the wall be landscaped and they have agreed to maintain the landscaping. Lastly, they would like the wall to be constructed prior to the road being built. This is an established residential community whil;:h would be severely impacted by the additional traffic that will use the proposed new road. I think a wall is a reasonable request. Thank you for taking the time to consider these requests. Si c7�0,ly, K re T. Marcus C un v Commissioner cc: Charles Wu Growth Management Director "An Equal Opportunity Affirmative Action Employer" P.O. Box 1989 West Palm Beach, Florida 33402 -1989 (561) 355 -2001 Fax: (561) 355 -3991 printed on recycled paper WWw.pbegovcom Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts, Vice Chair Karen T Marcus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene April 10, 2001 Mr. Dennis Solomon, Chairman and Commission Members Planning and Zoning Commission City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 RE: PCD - 99 -02 - Legacy Place Dear Chairman Solomon and Members: County Administrator Robert Weisman At tonight's meeting, you will be reviewing the Master Plan for the Legacy Place project. As the District One County Commissioner, representing the unincorporated residential neighborhood Immediately east of this project,.) would like to voice my comments. The residents on Monet Terrace and I support a two lane road connecting RCA Boulevard to PGA Boulevard through the Legacy Place project. In addition, :hey are requesting a wall be built to buffer their homes from the project, which I strongly support. The residents have also requested that the wall be landscaped and they have agreed to maintain the landscaping. Lastly, they would like the wall to be con,;tructed prior to the road being built. This is an established residential community which would be severely impacted by the additional traffic that will use the proposed new road. I think a wall is a reasonable request. Thank you for taking the time to consider these requests. Si cl�T,-dly, JuKre T. Marcus n y Commissioner CC: Charles wu Growth Management Director "An Equal Opportunity Affirmative Action Employer" P.O. Box 1989 West Palm Beach, Florida 33402 -1989 (561) 355 -2001 Fax: (561) 355 -39910 printed on recycled paper www.pbegov.com Ntv O J_ c ao WV W U) a LL Q o Z41 Cwa cG 7 G 6 o U C a. 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N \ L 0 N Q N CL iJ p S U� J_ ao WV G ^` c LLQ U)1 Z *' W� o U b o � 0 cd N O � a Z Q U ILI N i O N F U a� L � Q O Q N O Qa O E N O +' �_ 0 O M L i O O N Q _ � o �U C y N C O ro O c�N c � m C L N E r O +, a0 H PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach Gardens, Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE Ninifyed 12045 N. Ed�ewa *r 3 3y10 wtIT4- �'� Jnf FL )�5%(0 PAZL ,7S'vl W. Eiteelp -104 -) 33 Croy ; �C� r�G7LL, aS 3 c-v� aj, PSG C� t (>f e8 h E> r a���lsco /V11 k % �a 1 �l e�TA 5Vr►�►1�n� as$ I W, � CWATe" O� �. 6• �I 33�tt0 xW I � �i ��z��- mil/ �• �,�7G� Py"- 59� M�' .00 PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach Gardens, Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME _ly Ja'oe- x/'.--� U51�, L-o R9 A5(u s ri.,✓ A- �Efwo-Z- v LeAl,) ADDRESS ` - b N M %' t0 R. (A fcCN u t Q .S- Qc� T 33 'jog `day 3 r-ct W'444 P , �BC9S 2 (P 80 /epvle- Dr, A,, 9,l 6�u . � -L 53 q/o F � 33 C, 338 1 &P-0V-f- PLA � 13 & PL 3.3q CG 23&0 CAV--D1tVq1( -P66 • )C -e -� -3 3 Llld 2639 10 & --V-4 PaG 9313 C0c-z)11U+ Kok P6G SIGNATURE & DATE 0 c� (Yp 9f� /od I -O V -0 0 *06 / - q r V �� PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOS 'ITE M We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach Gardens, Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE ALIT (ER VIA r_'�4 W. J�o p( �S N PA �(`fi14 5'4PCt'WHTEA 41 A=j-L r,,A- v W_1V Nse3l:� Vc -e, �0CX, 3016 I JA /v,P,�3. p n V� 7 ����"tt7w�lL�vr�vv p �S' /EB RDC�C c�R. 94 9,6'0M, PR ph& 3 3410 I I -. - PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME �9 6*11sanl /'MKS i i Y J9"a- ADDRESS '9-(;, FL/- kq0 kOA1,PThCA 1---'2. sv)] £i o "m&7L " CcIZI� P 8 ,a 'Z� 3.,Vl U Cet�3 /L1ah,.f 14 er ,FL33q i cwt -�C "ot, Li SIGNATURE & DATE _ n � PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach Gardens, Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE n I' it 3 n a-7 15 . �dy�u te.+ p V. Pal rn bead banalmi Q G�✓ q -vim' esTo U 2s2- a LoN e :Pi L P4/ T_�)G 2-;? 6 16T �t y�z04d C; Y. 1Ito�E����c�l� PaG I.' G / C E G FAc F/44k� � �� a � '70.4"' I' it PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME w 6f ADDRESS FL 3aV UP -"T 3 3gOY i�S y "I S Gtr 7:r 7 Prl �3 3�4 o SIGNATURE & DATE �4�/f 1-a� PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE k -indQ. an-"- A 13, 8 R. 33gl o *an(4-a Lo rfl 15�ZIT W11 U. �J . TIE-G- ALA 33y/ 9 y0 � o mmaC - cope P,�,,G -, (:` q /� S4a (CCicC� ZS-'g /1/j(,ctcri► " �d. Ju J -e r rl X3 77 3E551c.A ' 3,\JPWT 1933 D0FF5RL-A-N£ ,AJ,RA UAA ISCH 3 �}(� - Il r7��2�1 �� 1 Sod v r � LN�CC,1Q� C' (A C11101di PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME jr4A6 F-rJ C E k4o Jo 1E o VOAJ,DALee Ho tAv&av, - ly PO- er-i rt ga.ndy 6cq nJ EI'►') /7 ` 6-� ADDRESS a► 3 JVJ 9Ava �,J E St �� � ••� � C 1n, l= \mac SIGNATURE & DATE a 3 -6-7 /v. WAS e w 4A,ee g3�)Z) P6G 'J J- (_��yla yi4 IU. CC�Trc5sD�'V, I( `1 -" , t 33vbg .;,,3y3 Yo /`r �-a 17 e -Pa 6;, Fz-. 3 / a r qy g al--�l P .�� �4 4 � r�v J a F T--Cc z � l qlq /o b 9-,v 61�-' ca--1 O_fAlaw PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME l' J QA N AA G, osQ l- lvl\L� I' ADDRESS •P, 13, C, 33Yio V12, N V- V & V r VaAL o�L �5�� •%1��� mac. •P e3 �� lU .,, e SIGNATURE & DATE 9 -�/ PDG -3 A o, W,,l �,b(:2ti ik C)Rtko �ge6�l ���ir�dfdnCrn �3elol�� P66 I uaf. 1�63/ G,AeleK XD PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE eo 9 y o-0 7- 1 -vo , F/V(5d KY49S he Pi /0��D %�3�� 3 1 'IUAQ StGHCLL a7) S U1. Ec47e,„✓akr br v eo 9 y o-0 7- 1 -vo , F/V(5d PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME 7 1414w J'� r C/ �` L GL-kv ADDRESS "Mg-1 a 5% E- I ,0'0f3 40D.r� 331q Fi a �dcns Z.. pf- 8 �"r P41gu) A=IL �;JYo �3Lj- iv -wAuc 2572 1,6,je Pixe- 14 SIGNATURE & DATE 00�-�A.99� &'lk 9�no-co tILIOL"AlL A TAI q-, /y 77-e- C PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ma f kasxk �est -t Lq- 66 o -I (�AnnA -Ce A'gO�LC� t'-ev" iwAr' Stnb�Ie. ylxf-�4 �// ,4v- Fps -pis a-�P' 4-sie-Itl ADDRESS SIGNATURE & DATE I qw NaA I q 91" n- JOP I l " g /3o/vo 331fs� t g0'e":3 * °L-Ql p,8rd4 �L�(J�'g �1 c,- Q be Qa SC'- I'JadPrhaA ueofaIk233�6� per., C� 4ACSI 33 Lil e L o X35 U)4, «Ce 2 3 IR. i vF-2. b P- ( Lr-- Te PL;EST-A FL 33qt,,3 Y- sS V/4 /v (9 ve[- ���,' 3 3y -» � 0 got- If /-O-U `1lb! ©o PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME A n ADDRESS 1233 C lU • Pa in, /3G-cLCA- /- 3�/��� j a v c U SIGNATURE & DATE PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME �4�C• V-�`2. l�n� Q c� kWJJ k I Iwu-s LM ICI - C e- ADDRESS N _0G���� 3y- � Fl a� ler l3 /vcl . 01- Pk �v o 1 105 �t-K� 5hv ✓e a eve io 7'� v 0 'q1v z4F . P. ,� v �. F -0.33 -(i Z7 5 is . 1gekx'f-a� P 6 i=� 33u to S SIGNATURE & DATE -g -D b ,6fi —&00 4V PETITION FOR THE PRESERVATION OF THE PROSFERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserJed in perpetuity as a natural area for public educational and passive recreationa: use and enjoyment. NAME ADDRESS SIGNATURE & DATE av L &C& V .14� 01 PQMk- av PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME n(I Orn i f4ouhard �-, I k,�,_) )JI J r�oi n / xAt -� i PXV , F R A� n iZAC� L of fLq ADDRESS SIGNATURE & DATE 60 0 are �`J ►�ul. -' o-u~' f4e, 03- 1 S3�I�Qi. AMf^ OIL 1 1. 9/rr , 111 • y - ..r I �Lr 91 i� PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE l/,f awws J- Vavif,*, q a�a7 cit& 0( Rd 3 3vv,; 4aAe P4.0- FG i 9 -is -do N P6 /2- ::?:34 0`9 J� Ci�l C � ►'l,�rl, y -�69 b y s o n C off... s /� . ��� �� l (,u • I�calm l3Ck.. 1 S " Tt'6 �j AJ 16 �? C !E b2 48-k�E- flhk-L 7(n 8�- Aln'� vie, 6A,*- r-21.? 0 1- 6' - Ir q/6160 1 V'-t Sf g oi L4 `� dcl�l5foo WA PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME s AA ",P --I C r. A) f Av A 1. 04� 5+ /' l &Ur%fL f -) "I / ". I - 451hitar �Knk017d'e ADDRESS SIGNATURE & DATE )DL®0 <, Q V C7A (&-YiC -0 o a W ooh! A K'e 8A. - 75u-p1 f eA %/33,i5e -3$ IS Gu'eec'd's P F.G 9 -rs -a� C"'k e� 145 ti�as kip, 44k��-' W- 3 Wc� �� M -OT Gir-ulc�v car Q ' 35 4 '�` v PETITION FOR THE_.PRFSERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE z; T-410 a i —V —o® v Kai AlltE 97YTO# l3 q - iq, a6a 6ac- "\J �J' �4- �141 E ,J V/ vii 7 g z; T-410 a i —V —o® PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE Joh rL_ &l 311��. C-a w/�-K4 Len vn )< Zoo 16ANR oo 4oy ex i 2z6 n Y wianv c� 1 2-1b q1 3 "�j�?s PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ��✓�A �i �ro�� -�Ni r-'Oy-l'cli a. r) er L i'h�n�rv► to , -Aj U'vl6ar ADDRESS 23 z F a-. ,933 6444 14 #Jc-eTA 0'0 '76 2 �a vrh�r✓c -n'�1 SIGNATURE & DATE 01-0y q/19 v -� -'90 ° p�, loo LJ n"'_' PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE 01 01 LWI 3s -10 - ,vvEsrx &T 6/ ylI Iry T /,�CA�JU C . c c,) Sgt FL 33 ,/0'/ c 4 NV&fHiqur 4V eld e &J,416 rL V a T�,f� N • �'�4V'J`�,��. -• � � 3 o Z FF �c�s hog ^��,r v TEL L - " f N -7o3 " Y fD Z-6 � L. 3 -OD 04 A ?74 01 PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm. Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME poris So�p(ha,� NiKKi &rd IpUc ser 4a� ADDRESS M6 k4cq gaol 64m1,;2eo a( eqlwl & I�AA a w P P-) , F-c - 33q b 1 CC67 &'- Im aq 13C-7 PL 33410 � W � �Mculf cf� '- B /4525 (4 G i✓, / X 13 ' Surf t 'cr FC -m kl C000draFt o SIGNATURE & DATE z ` 0 4 -w w n4-) c . ` J PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE 3' 0 Om ,f , WKI s s Ikk i Oil i 3' 0 Om PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME /-) ^qRuE- C. 6;;0115 000 . C Ye�r�e1� SM;1 'loiMt- 4'6 k, (-( 014A Je Gkk�6 ADDRESS R 5� fey lSla�c� FL . S o l 17A/ L- r= i // 16A M )3 '- -0 1l o b 5/fare. d, N Pty - (-p 3940Y 1 0 3 6 1n% 3 S R�U;e `q-[- a69' '�'ngi:sIkzy k-A <4- /IA ,21 3'2{a 67(o S RIV fry-0 I Ar,t r_ SIGNATURE & DATE r 1 i �i` PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME \v &LeLt't �0'c� mimes DeVihe- ��ev�L S�lskp v -Th i rlei 'n , At fey ,a Soh h 1ft13 ADDRESS Z 5q-. d� 4zlw m4Z4561ct, 3a64, 3L-VD /-4-f-, j�,�,Q -&-, rz - P6A 131 vol . #173 Ida (n-, 13CCc�) did h S , SIGNATURE & DATE MEN I=- q PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME yvow n e G uevii n 67� �d f ev� 0q/ tv N Pt yvu nq V 11 7 G<--A" -I- nt R c—&7- ADDRESS AllgeA, 33wo 6(;�ajAc�qCzfe� fir: u�33�iz . J �a d a (cS �� Fc.33yP� 2-1 z6 OA a2 M/CAgti / I PB,6. Al- 33y,0 SIGNATURE & DATE q -10 -00 e /rte _l0 00 +10- 40 n � U - �ec� °tZgubhloL D / n if' 1 y uc -- 66v-1 o-0 -1 �-0/ �— irs —cs6 --P�AN-4 PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME Po %res yea�v �I5,5Cc,�i9/% d cw , oc ADDRESS 73 0 J!�?U• &JqAJ Wpl- ,6 6�5 Kl'), P'13 IN 4. -7 �tP�i ,lily; Joy � 1?o 3 A sp o- i e"'1y It 3 aea-ee' PC SIGNATURE & DATE 1 s � • r �r J PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME v LA r"I C. ADDRESS FaMhuV+ f�aad Wesf Pal M 6mck R-,, L/,4 ,),J }� 4ov V; \V"'y )A VJ" /ti/ A jG rrs °v? t V - �'e � tsll �L r l ( 0� �t(L, ' d` 4w2 - �v � - K� 4363 Cori (Aat� SCR, F'c 33qa-- SIGNATURE & DATE -d-410 7/7-1/zv -l� -UD (u t nZ Rbw-\-p 9�� PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME )kb-x 6 Ilk tL A 1-d0 Url o A P'5,eK Mud/i( �A f -Y_- :TA mes 60kf Kon 0�- LL r PAi0 4 Brad y Semc'r"e- 1 •Car) ADDRESS l C�°Io2� La:►rcG• c�• Luoq qC)s. Nen +i or. e. v r. Aqt ,j Pt-� Ft - 3 3 ,P/ SIGNATURE & DATE loR6q r1V(+'e_ OaV �covi4 7S7z t1 o Coosa Ebq� -f Sf. ,J of, At, F/ 33�s� 43 q -ap .W t � 1 I-, 0 PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE 11Yv /! r��X" /" Pad qq Sr 2j, 0 Ka44 U)C'?GV Gl/ [��.,� l kli � /cif U e v /-00 �a ✓C- � C� /v shy/ fib+" Q-1 7�-Gwc14 11Yv PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of•northern-Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational, use and enjoyment. NAME J 1 R E_ 3) �11' 6� r) e �n �aGcr ADDRESS SIGNATURE & DATE G 0, Q — — — of Ic � V / 60, , �0 V" TO l A i - o 102% M CU4 0 kTH\W �`� PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE 99 re //03, F/ b' S00 W 4'Is6nPd m.?, r � e> 33yo8' O Ora/ I e'A 31LAc Ca4'�--e-C mot, 3 3 -£o L��-- j-r-��� —3(n-a 0 6w eFL �q 2h 6d, V �Pg a �� ob /A PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME 'T-)JAPE� f UP* HAtc/!�� NS d �uG o Wsr� -�an I-M16- ADDRESS C i2 v� re Z-A(Cr rA 2t- LAV-9- A"®14.97 3 Cook K", L/ c14 r //9 33L10`i 6'33 kdRT� El p rz 1:79/* 11A plr 5310 W. Ott b-'v SIGNATURE & DATE 9I ►a� °G �-/) --Z� ? -I3 -G° . qj 15-00 �3 . 9-,w 13 -O el c/ 3�c�o cv/ � I PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME �C� A< ADDRESS SIGNAT�URRE_ DATE Job d- 10140 -t-7 W144 fl j /N" /�Z- /3 ? y , , 4i-� -" [" 'g rA 14z- 33 u-eecL-., R. �o�O� �j�,Giu/�r/✓JLi 33VIa waa� �$ -wee ,193z. S Du4t, cyleWIJ (-Ioa,) J�3Cc�JKLA2�I VA ME 2b-0/o 3(c /ot r I � 1A 1 PETITION FOR THE PRESERVATION OF 'Y HE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE �551c�- 704- 4D K4 W30d Oe- 3Ya:� - ( oa p- r- L Gl rlln . UZ� i G 4 ,, �ej� U )zle, ,Lei h CIa i -L r 1 iq 17 sc ZAcO4��ae. - , 1,7 A t�av- -4- 33Ys,r �,n ( co (v lyD k .f-(- (� 117 5DINNO})<C'2 lAkx- 33-f PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undervigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Forms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational an and enjoyment. NAME �Ko +kY 2 lk " I '�E t J 67 l hm � cave ��Ssr I - SC.01; It IKn,h � 6wv�qe> ADDRESS 3Llo Me�ridiah V�jo�S PBS ,33�to _ is-q-1 Cage �aY 33`fb� 3 3 Y6 U U a Ci -w" CNc SIGNATURE & DATE J-31-01 `Ca- l�- L31- 3! • o(-, W (AY /a --7 S� i j ✓oc oz -q a Ae .2 / �3 118 �ERF��c -� cr� -j-L) IT t�L 3� 3/5Z)10 west Pus tn Oe -- i C PETITION FOR THE PRESERVA'T'ION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & D ATE �Vv � 33� 441� 1 � � Le J UR() Edac'1 F aww'ba-y'q )! 7717 '77& w� 1363 w 341A i r e r 1' N"U t ,✓ f �cl r l= a. 3 3 y-1 j cl�m i5 *12 ,uj Pz. 7T> �L9 3oc)V6.4111 -105 " - 5- � 1a A" 1&q05 qo l "z ,st-�AJ n do. J-o P 1 6 A e -t�m Y�'� a. L n5o ,zr-1 sr , Z' �. T , FL 3i*- �Vv � 33� 441� PETITION FOR THE PRESERVA'T'ION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach Gardens, Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE ' �3%XL; / "Ir 6ffw S �J O CD 2 4-;�, "ate wo P- ► ivC�o 0 y T n 1e t- N. P. S Fl c;�J► -� 0 O O iia, cW. P 6 L 33 01 q14/00 =z 9 a, sm a� i►�.r�i a 33 19 G& rc.tm S E. Dr etc is M PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE 10 i I; WMA i • ' .z .� 10 Z 3 G( S l 7 to ;r { Lo PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and soath of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE �A� �e� �� pJ ► C7 . 331 1`8 Z)66�17�17j '000(A -47 to 3 �}1Ai2/ L. CL i L��i�/►TCn/ iv w 142 A & F, f 7V N / �.. Al i 1 4 3clLt 3 �'J�yYc y,2-,_co� _ � l � �j `� 1N i ►�, w �n� UC 1-0 PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 AM Prosperity Oaks Ecosite located west of Prosperity Forms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME C ADDRESS SIGNATURE & DATE i i r FA r6 t � O�siS�.� � V'- ✓p i rErz x.33 V -5 =� 7® I S �L. T'- 00, do G GG I/ /y � / 5- o'S/�'� " v p 3 3 ?� /JAg ol �� I re sf G%174OW0IVA 07 Aw",/fitly�,� i i r PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE Fto 0 /0D ham-; 75 i r �7/ < o 74,,n,7 sue, �,�� Ar#.33 Ad �n r�� � A, SAN Bi��"'�' �6 yR oNEy RJD u¢K9- P4ex Fto 0 PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE 12— 1 `-1 Ll Pr t -(= . A]-R \1/%D r ZIP On n p •Cl— _`PVC�J 'Dr►%f e . 329 BERMHDA- 1%/Z RD P8 61 ou� 7 i rr PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks iEcosite located west of Prosperity Farms Road and south of West Edgewater Drive in ;aim Beach County be preserved in perpetuity as a natural area for public educational and passive recreational ase and enjoyment. NAME ERR j-rl Q Sv e. Sc,li. -u ry Fill) 1� .�y .Y /), rr- e-, f"L, 33y7� Jwno..�� 1�5E08' /9 /8 - N• rn � /'/..335�v � SIGNATURE & DATE I � A44j" 11111,�—&7-fipep 4,�11 175 0' -k P A 2 - Y3�'> b z, ff e�l ?L�AS� yg�91 I - PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of na rthern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ( sF— ADDRESS SIGNATURE & DATE PAJ Dr) B "-g yia 40 _JUV,re*- "C • �' ,�L o 1449 0� i i✓ ;,/ 3.3 IL(S-8 / r. 0'P C- e- v tc.Ft �r�r 4 L 33 lleY 15�v3'Zwl .716 Q� r 15_ & rz_ � k �rCrAnt t 01 r S- -DA, Cfi, 3 3 Y7 A N0.rQq,re' l�rr �rS J �Z Palo, C4& B "-g yia f PETITION FOR THE'PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, reques► that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAMES 1 /r jVo�Ma�. S�ea�v L . C d 60 ma'�cohl R CAPL XR_uT -slc,' N ADDRESS SIGNATURE & DATE 'nd`'� em ov 8.� Op R ok 96& 21 O' 23 --ao C i A PETITION FOR THE PRESERVATION OF THE PROSPERITY-OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE " ; G cp�t � JT�ci�j,e i� 62' Y, 130te9 WY33 6DY I3018 �v►1 �cQ nS �- ' U ('A � �,�2? A-9 AA Ju PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE S-30-60 19 8o aZ l,0X*A 1a,4ee D �o n� A �s�' O .;� 7 e ���.�Z,tg 3d 1 ./ v� r �c.2 FL 33Y.S�, a f'/lii✓T € /J2. _ V. PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE )oa �dffi � PPS F T )oa �dffi PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity pales Ecosite located west of Prosperity Forms Road and south of West Edgewater Drive in Palms Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME (R40vi& PAJ J. C Re* KV �t I- �_ 0�� rJ [ZI ,,, ,V ADDRESS 1a6 Alxkr�� j c, %! z 3 Z1 C) o a csze� "n%A W axi gas c� SIGNATURE & DATE 1ZFdhTCK 3344f V71 PETITION FOR THE PRESERVATION OF THE PkOSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and s"th of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME �_�bY�c. \ r �.� C Awl I `Nu5u)a4u.r 5 ADDRESS AJ 17f/z //G V //l/ 13 v - q4k��--K- ►�5 YAPPO c",(,P.�( SIGNATURE & DATE q1, \ 2-1 2� x �., � Q w G PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach Gardens, Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE S -937)-1 41(y Cw `fat w- b-' *c o �-s3 ' Ft 4,n - 1g�C 33/® tag S PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE 5 3 9 a( 571 ot (Aid 3 3 . / � f►fo� � Cal eo' r 3 of 5 PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE L-.�� s-- ry oci 4 �~ WM fA). 0 PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE "M r v . 11 ye'�`'�� arc �.e s • w X11 � �,. �6 -�. '►F� 33�� � � �-� r--- �9,//T of 1-1 In W (1 PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE 5etri�1, Lol- �Iz5e /off PETITION FOR THE PRESERVATION OF THE PROSPERITY OAKS ECOSITE We, the undersigned residents of northern Palm Beach County, request that the 47 acre Prosperity Oaks Ecosite located west of Prosperity Farms Road and south of West Edgewater Drive in Palm Beach County be preserved in perpetuity as a natural area for public educational and passive recreational use and enjoyment. NAME ADDRESS SIGNATURE & DATE J l ©1 gQ15 J l ©1 City of halm Beach wardens Council Agenda April 19, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello 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 APRIL 19, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Teamwork awards — Police Department D b. Employee of the Year - Jay McKee C. Police Accreditation. ���� ' V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: VII. COMMENTS FROM THE PUBLIC: (For Items Not on the Agenda - Please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. Consideration of approving Minutes from the March 12, 2001 City Council Workshop Meeting. b. Consideration of approving Minutes from the March 15, 2001 Regular City Council Meeting. C. Resolution 55, 2001 - Gentle Ben Environmental Review. Consideration of approving an application from Palm Beach Acquisitions, LLC, requesting approval for removal of exotic vegetation on Parcels 18.A08, 18.A10, and 18.A11, also known as the "Gentle Ben Site," located at the southeast corner of PGA Boulevard and Bee Line Highway; providing for a condition of approval. d. Resolution 56, 2001 — Mirasol Master Signage Program. Consideration of approving a Master Signage Program for the Mirasol Planned Community Development (PCD) (fk.a. Golf Digest). e. Resolution 64, 2001 — Lease/Purchase Agreement. Consideration of authorizing the lease - finance of certain equipment through execution of a Master Lease - Purchase Agreement with Kislak National Bank; providing for the payment of the lease payments; making certain other covenants and agreements in connection therewith. f. Resolution 65, 2001 — Grant Agreement for Burns Road Improvements. Consideration of authorizing the Mayor and City Clerk to execute a County Incentive Grant Program Agreement with the Florida Department of Transportation and Palm Beach County. Pull and reschedule. g. Resolution 66, 2001 — Concurrent Processing. Consideration of approving concurrent processing of applications submitted by Florida Power and Light Company for a text amendment to the Land Development Regulations to allow minor utility substations within the PGA Boulevard Corridor Overlay District and a Planned Unit Development Application for property located on the north side of PGA Boulevard approximately two miles west of Florida's Turnpike. IX. PUBLIC HEARINGS: a. Ordinance 8, 2001 — Prosperity Center Future Land Use Plan. Consideration of providing for an amendment to the Comprehensive Plan of the City of Palm Beach Gardens by changing the land use designation on approximately seven - tenths of an acre of land located approximately two - tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road, from Palm Beach County Low Residential -3 to City of Palm Beach Gardens Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflict; and providing for an effective date. 0.", ,�.Au , 5-.O b. Ordinance 9, 2001 — Prosperity Center Addition Annexation. Consideration of annexing into the City approximately seven - tenths of an acre of land generally located two - tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road; revising the boundaries of the City to include said real property; providing for the repeal of all Ordinances or parts of Ordinances in conflict herewith; providing for severability; and providing for an effective date. C. Resolution 36, 2001 — Regional Center DRI and PCD. Consideration of amending Resolution 96, 1999, for the consolidated and amended development order for the Regional Center Development of Regional Impact and Planned �o Community District; providing for amendment of the Master Development Plan los to designate an Oak Hammock Preserve of approximately eight acres, convert 151 hotel rooms to 213 residential units, combine all residential parcels located in the northeast portion of the DRI into a 104 acre unified parcel, reconfigure the water Y%''" management tract, and reconfigure the alignment of the internal roadways on the Kolter Property, providing that the City Clerk shall transmit copies of this �f resolution to the Florida Department of Community Affairs, Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., Northern Palm Beach County Improvement District, and the Grande At Palm Beach Gardens, Inc.; providing for repeal of Ordinances and Resolutions in conflict. (Continued from April 5, 2001) X. RESOLUTIONS: a. Resolution 50, 2001 — Kolter Site Plan. Consideration of approving a Site Plan for a multi - family residential community commonly known as "the Grande," located within the Regional Center Development of Regional Impact (DRI) between Prosperity Farms Road and Kew Gardens Drive, consisting of 995 multi- family dwelling units, as more particularly described herein; providing for waivers; providing for conditions of approval. (Continued from April 5, 2001) b. Resolution 57, 2001 — Mirasol Clubhouse Phase One Consideration of providing for site plan approval of the Mirasol Clubhouse -Phase One, within the Mirasol #q Planned Community Development located on 2,304 acres at the northwest corner of Florida's Turnpike and PGA Boulevard, as more particularly described herein; providing for conditions of approval. DOW-1- vtl wvvo " d-11" Qa XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 10, 2001 - Legacy Place PCD Master Plan - Consideration of rezoning approximately 74.2 acres of land generally located southeast of the intersection of PGA Boulevard and Alternate AIA, as described herein; amending the City of Palm Beach Gardens official zoning map; approving a Master Plan of development for the Legacy Place Planned Community District; providing for conditions; providing for waivers. !7 ta� 4,) XII. ITEMS FOR COUNCIL ACTION: 14� XIII. ITEMS FOR DISCUSSION: a. Proposed Underpass for Burns Road Widening Project. b. Team Building Facilitator. �(,� ✓k Ya XIV. CITY ATTORNEY REPORT: Y ` XV. ADJOURNMENT. In accordance with the Americans with Disam>;+ies Act and Florida Statute 86.26, persons with &-,Ahil;tix needing sper-al accommodations to participate in this prong should contact the City (Merle s Department, no 1 atPr than 5 days prior to the proceeding at t??ephone 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 a� stance. If a person decides to appeal any d&-+ on 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 isto be based C 5r �' 'I I-O - S =R ( - �6 f 4 pie CO. - o Y. c - - - -- - — YY � QQ nag- - px�- Q 4- L/C A�t4_, s ax— a (f C� A sw 4cal H� U 2 IAN 9�5:� �JFZIR 1011 OWN% j, 5 d .tiff gali` 1.3. x 7 Cl L11 MO W E li s• ail I( J �a �$ �6 ff i{ Cn E i r) +l .1�1 C/) > L 0 41 PO A.- EF 9'* Elm Z > A 0 N i.Nsju Key Sheet F_ Warren McCormick and M,oci- r'O b �Rgip Landscape A,chilecmm and Site Planning :'F I The Grande Palm Beach Gardens Palm Reach Gardens, Florida aaaaaaaaaaaaaaaaaaaml CD CCD -0 R tQ 'a D Oa 0 < O. O Z Z C YI N M DT o o �ti NoM I_ O Ao Z E H� - m v M y / o / o I P ,q 4 Z CD T. 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S 8 8 Y 8 3 8 a, az 8 8 a m 8 Y 8 8 o a V MATCH UNE s¢ o.c ce I y�i k �E I I 1 mS ommtonnwwn w o ui - - - -I- PROSPERITY FARMS ROAD sau.E,•_,s.� II I PRELIMINARY 2 mm GARDENS PARKWAY EXTENSION COUNTY NCRnIEM PAW MACH CO W90VEme4T DlsrFICT N 6 io LN T OF DEVaoPMMT NO. m - -- •_ $ PLAN AND PRCPiE \ ) � \ - -\ -- ,� § | t � r al § § _ | | § § w ) | � Ill"? C- D �NS R�p �ON U) UW OF DEVELMMENT NO. 19 � zrn _r�_>____ \ :qRQ CD >- Tai § § k § 7� § m 0) | � \ ) � \ - -\ -- ,� § | t � r al § § _ | | § § w ) | � Ill"? C- D �NS R�p �ON U) UW OF DEVELMMENT NO. 19 � zrn _r�_>____ :qRQ � k : ) ) \ ) � \ - -\ -- ,� § | t � r al § § _ | | § § w ) | � Ill"? C- D �NS R�p �ON U) UW OF DEVELMMENT NO. 19 � zrn _r�_>____ 90- ------- --- -- - --- ---- IT c- THE GRANDE AT PALM BEACH GARDENS i1i PHASE I M. .m,, 3 CI) PAUA BEACH GARDENS. rLOFIDA r% I q. 111 1 _0 go I 7-7177 ]_� YT-A T t IT c- THE GRANDE AT PALM BEACH GARDENS i1i PHASE I M. .m,, 3 CI) PAUA BEACH GARDENS. rLOFIDA r% I q. 111 1 _0 go I 7-7177 ]_� YT-A r I , I I u� lip - r-- I , jai � >. •a I ��'� � a Itl I lid m I THE GRANDE AT PALM BEACH GARDENS Z �,. -- - -- PFIABE r g i N m PALM BEAM OAFS 04 rLOMA J I p \ t 7 f � i i I I I _ MATCH _LINE v • 7 ' L) THE GRANDE AT PALM BEACH GARDENS Z M, v � � #� I �� � O I rnua eena{ oArces3, moron a I i — � T II I n 4 R I l I �l j I I IIi ��y MATCH LINE D — D LIr—:7q THE GRANDE AT PALM BEACH GARDENS PHASE Q \ ! 8 a O PALM BEACH ak!Cea FIORDA MATCH LINE C — C r � � 4 -- �. T �ti 11 ]' \ rn I'� Ii�I �- I i — � T II I n 4 R I l I �l j I I IIi ��y MATCH LINE D — D LIr—:7q THE GRANDE AT PALM BEACH GARDENS PHASE Q \ ! 8 a O PALM BEACH ak!Cea FIORDA x� n s � � 4 -- �. T �ti 11 ]' \ i `I x� n s � � 4 -- I T �ti 11 ]' x� n s + i I ' � I I I I I a , I 11 I11 I I I Y I I II I�I I 1 \ Ill I I 1 1 I 1 I I I II I 1 j I I , •I I li '• III I !I �I t „fit I i ern III }�lll I I III III I�1, III III 1 III)) II I!a IIIk I III "III II IL:i'I I� ;111 r,l ! I;il I'i I III'I I!fl I I 1 I I; Iii 11I Ii,`•,I II. P. I: MATCH LINE D— D _ - -wok. -�_ . T-T '. F p. I 1 r f`L I { I — ij I I :1 F 4 I 3 B E ' �� THE GRANDE AT PALM BEACH GARDENS 1; Zm �I g n g 4 9 ,� 3 O Q0 ewa aFaa+ cnFcas RaroA �F 9 i � >s s N -W A y F ' .II t j \ �\: �. \\\ \\ o 0; +1 I IF I I I r-> \o a! tir ` 6 ' I \� T- r r p 4 i IIl(Zm", THE GRANDE AT PALM BEACH GARDENS PHASE C1 0 t B Q QD PALM BEACH QAFCE? 9. PLOfoA N s J-1 AP IN p II Iot gm -177, d Fr - - - - - - - - -- - - - - -J -T 11 ----------- -- 1, V-/ 4- ---------- --j �c ,Jl I J w- y I ILI I c- THE GRANDE AT PALM BEACH GARDENS PR--qE I cn PALm BEACH GAFCea FLORDA � . . ... �. ;� � / - %� \` / ,■ ' |� � � § |\ Imo 7��eaHGARDENS |!| � �. ;� � �w�n.u. wux nwvrwn[w..0 -eeq w �r .area n.e..s «.m� m .�. h• �.�+ ner xm. rm r« utl. ww, ru¢ -., rn�vs, r -m�, MATCH LINE C C �.- i I I � – r— r ��� i _�- �I I — � ------------ vl — s L f �±' Ir..1 'z , I � I i I I I c ♦-3 I I; I � r-1'� � ' a i Id II - —i1 MATCH LINE D_ �__— __— __ —__— mow -— a S I I THE GRANDE AT PALM BEACH GAMUtNb' o �, n $ ! +a :li c'. PALM BEACH CkA{ FLCfaA 97 �jATqFLUNEp_— D . .. . .. F-7- > z IJI J:! 1-0 4, J't c7- 10 lo �4111 -L 71 CF IT* THE GRANDE AT PALM BEACH GARDENS PRASE I ,,,rn , Re PALM BEACH GAIRCENS, forma -