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HomeMy WebLinkAboutAgenda Council Agenda 111501City of Palm Beach Gardens Council Agenda November 15, 2001 Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Vice Mayor Jablin Council Member Clark Council Member Furtado Council Member Sabatello CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING November 15, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: V. ITEMS & REPORTS BY MAYOR AND COUNCIL: VI. CITY MANAGER REPORT: a. Public Information Report VII. COMMENTS FROM THE PUBLIC: For Items Not on the Agenda, please submit request form to the City Clerk prior to this Item) VIII. CONSENT AGENDA: a. Consideration of approving Minutes from the October 18, 2001 Regular City Council Meeting. b. Resolution 167, 2001 - Crossroads at Northlake Plat. Consideration of approving the Crossroads at Northlake Plat. C. Resolution 168, 2001 — Renaming Road in San Michele. Consideration of approving the renaming of roadways within the plat of "San Michele" and directing the City Clerk to file this resolution in the Public Records of Palm Beach County. d. Resolution 171, 2001 - SEIU/NCF &O Contract. Consideration of approving and ratifying an agreement with the National Conference of Firemen and Oilers (SEIU) for the members for the fiscal year 2001 -2002; authorizing execution of the agreement. e. Resolution 172, 2001 — Benefits for Employees on Active Duty. Consideration of providing benefits to City employees called to active military duty. f. Resolution 173, 2001. Consideration of approving authorizing the Mayor and City Clerk to execute a joinder and acceptance to quit claim deed within the Mirasol PCD. g. Resolution 170, 2001 — BallenIsles -Pod 16A -Plat. Consideration of approving the BallenIsles Pod 16A -Plat. IX. PUBLIC HEARINGS: a. Ordinance 39, 2001 — Palm Beach Gardens Medical Center (Second Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, providing for the approval of an application from Tenet South Florida Health System for an amendment of a previously approved Planned Unit Development (Ordinance 35, 2000) for Palm Beach Gardens Medical Center, located at the Southeast corner of Burns Road and Gardens East Drive, as more particularly described herein; to grant a waiver from Section 78 -446 of the Land Development Regulations, and allow for issuance of a building permit prior to Plat recordation and to allow for additional time to submit a Public Facilities Agreement; providing for conditions of approval; providing for a waiver. X. RESOLUTIONS: a. Resolution 169, 2001 — Education Advisory Board Appointments and Reappointments. Consideration of appointing/reappointing members to the Education Advisory Board. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 42, 2001 — Gardens Corporate Center (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of an application by AMA of South Florida, Inc., to amend phase 2 of the "Medical Mall" Planned Unit Development (PUD) (n/k/a The "Gardens Corporate Center "), located at the northeast corner of the intersection of PGA Boulevard and Alternate AIA, as more particularly described herein, in order to construct two (2) six -story office buildings and one (1) six -story parking structure; providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. b. Ordinance 41, 2001 - Banyan Tree PUD (Blood Bank) (First Reading). Consideration of an ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from South Florida Blood Banks for rezoning of 12.64 acres of land located on both sides of MacArthur Boulevard, on the north side of Northlake Boulevard (Parcels 12.04 and 12.05), as more particularly described herein, to a Planned Unit Development (PUD), and the approval of the "Banyan Tree" Master PUD Plan for Phase 1 of the PUD to construct an approximately 40,900 square -foot office building (Blood Bank); providing for conditions of approval; providing for waivers; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. Future Annexation Boundaries. XIV. CITY ATTORNEY REPORT: XV. ADJOURNMENT. In accordance with the Americans with Disabilities Act and Florida Statute 86.26, persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk's Department, no later than S days prior to the proceeding at telephone number (561) 799 -4120 for assistance; if hearing impaired, telephone the Florida Relay Service Numbers (800) 955 -8771 (TDD) or (800) 955 -8700 (VOICE), for assistance. If a person decides to appeal any decision made by the Council, with respect to any matter considered at such meeting or hearing, they will need a record of the proceedings, and for such purpose, they may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Public Information Monthly Report October 2001 Public Information Related Activities Television Reports • Anti- Terrorism Meeting coverage Channels 5, 12 and 25 on October 30, 2001 Some of the written coverage included: • Mayor Russo's Monthly PGA C.A.N. Article • Movies, music, video wall in one (Jupiter Courier) • The Palm Beach Gardens Fire Rescue Community Emergency Response Team photo (Weekday) • Dwyer High School football player shot (Palm Beach Post) • Construction cams will protect Catalfumo (Palm Beach Post) • Eagle tries to fly on connection not competence (Palm Beach Post) • Palm Beach Gardens High School at a glance (Palm Beach Post) • Hiking trails, an information kiosk and other public features opened this week at the Frenchman's Forest Natural Area (Palm Beach Post) • Rejected suitor gives $2,100 ring the boot (Palm Beach Post) • Police prepared for terrorist acts, chiefs say ( Palm Beach Post) • Municipal Complex Landscaping (PGA C.A.N.) • Palm Beach Gardens Fire Rescue Announcement (PGA C.A.N.) • News from City Hall by Mayor Russo (PGA C.A.N) • New -look furniture store coming to PGA Boulevard (Palm Beach Post) • City firefighters will begin selling raffle tickets Monday for $2,100 engagement ring (Palm Beach Post) • Jeweler adds wedding band to firefighters' benefit raffle (Palm Beach Post) • Man donates $2,100 diamond ring during PBG Fire Rescue Boot Drive (Weekday) • The mayor and city council will have a groundbreaking ceremony 10 a.m. Friday for Fire Station 3 at Howell Lane and Northlake Boulevard (Palm Beach Post) • Running back following in brother's footsteps (Palm Beach Post) • Gardens Odyssey `safe haven' for middle - school students (Palm Beach Post) • Grove Park Elementary School at a glance (Palm Beach Post) • Gardens property taxes to increase significantly (Palm Beach Post) • Gardens, county officials tour newly opened nature preserve ( Palm Beach Post) • Shamrock Jewelers donate wedding band for PBG Fire Rescue Raffle (Weekday) • It's Pumpkin Time Again and there's a lot to choose form at Trinity United Methodist Church (Weekday) • Stay Tuned by Lauren Furtado October 12 -18 issue (Weekday) • Intersection at Burns & Al will be closed Oct. 15 to 19 (Weekday) • Homecoming parades march through Gardens (Weekday) • Gardens' agent pick: Cronyism or competition? ( Palm Beach Post) • Agent: I'll forgo some commissions (Palm Beach Post) • Gardens reward city manager with raise after 6 -month review (Palm Beach Post) • How does your town's tax rate stack up? (Palm Beach Post) • D.D Eisenhower Elementary School at a glance (Neighborhood Post) • Gardens Police officer's demotion is overturned (Palm Beach Post) • The city will be spraying for mosquitoes Monday through Oct. 26. (Palm Beach Post) • City fire- rescue will sponsor a Community Emergency Response Team course (Palm Beach Post) • Gardens drops three roads in favor of new communities (Palm Beach Post) • Planners agree to push building new toll plaza at PGA Boulevard ( Palm Beach Post) • Arbitrator rules PGA police officer's demotion be overturned (Weekday) • The Department of Transportation has scheduled a public information session on the PGA Boulevard Flyover construction project, which is set to begin on Nov. 4. ( Palm Beach Post) • Allamanda Elementary School at a glance (Palm Beach Post) • Trees threatened by road project will be spared ( Palm Beach Post) • `Gardens United' links police, religion to counter terrorism ( Palm Beach Post) Press Releases • The City of Palm Beach Gardens is pleased to announce City homecoming parades scheduled for October 4 and 5, 2001. • The City of Palm Beach Gardens will be spraying for mosquitoes beginning Monday, October 8, 2001 and concluding on October 12, 2001. • Beginning October 15, 2001 at 7:OOa.m., the FEC Railroad Crossing at Burns Road and Alternate AlA will be closed to traffic. • The City of Palm Beach Gardens will be spraying for mosquitoes beginning on Monday, October 22, 2001 and concluding on Friday, October 26, 2001. • On Wednesday morning October 24, 2001, the City of Palm Beach Gardens will be hosting a gathering of City spiritual leaders to discuss ways to educate and inform our residents about the City's anti - terrorism plan and various services available in the community for help. • The City of Palm Beach Gardens will be holding a Response to Terrorism Informational Meeting Council Chambers. on Tuesday, October 30, 2001 at 6:30 p.m. in the City Hall • In early 2001, the City of Palm Beach Gardens successfully implemented a program of staffing the lobby area of City Hall with volunteers. Special Event Permits • Duncan Middle School Car Wash October 6, 2001 • Home Depot Kids' Safety Event October 13, 2001 • BBQ/Pie Auction church in the Gardens Youth Group October 21, 2001 • Fall Festival Church in the Gardens October 27, 2001 • Fall Festival Peter Pan Pre - School October 27, 2001 • Palm Beach Community College Job Fair October 30, 2001 • St. Marks' Episcopal School Car Wash November 3, 2001 • Trinity Methodist Church Fall Bazaar November 17, 2001 • Tents n Events Home Depot Christmas Tree Sale November 15- December 26, 2001 Public Information Projects • Published monthly edition of City Hall Gazette • Conducted a City Hall tour for Girl Scout Cadet Troop 1024 on October 4, 2001 • Hosted with Citizen Services the Annual Advisory Board/Volunteer Recognition Night October 11, 2001 • Contacted by mail or press release businesses, schools and churches affected by the FEC Railroad Closing October 15 -19, 2001 • Attended Palm Beach County Media Co -Op Meeting on October 16, 2001 • Assisted Citizen Services with the Gardens United Meeting on October 24, 2001 • Attended Art and Music Reception Burns Road Community Center October 26, 2001 • Channel 12 interview with Chuck Weber October 29, 2001 • Assisted Human Resources with the Employees' Halloween Luncheon and Costume Contest October 31, 2001 • Volunteered for the Ghosts and Goblins Fun House October 31, 2001 Riverside Community Center Citizen Services Related Activities COMPLAINTS / ISSUES /SERVICE REQUESTS/INQUIRIES • Received and processed 6 complaints through the "One Stop Shop" phone number, 2 have been fully resolved and 4 are still outstanding. • There are now a total of 22 outstanding complaints in the Citizen Services Division, broken down as follows: • Fire -1 • Growth Management —1 • Code Enforcement —2 • Parks & Rec. -2 • Public Works -15 • Police Dept. -1 • Processed, received, collated and filed 40 new (October) complaint forms forwarded from Public Works. Entered these complaints into CivicTracker database. • Processed 55 completed complaint forms from Public Works. • Maintained both complaint databases that included data entry for 80 new and completed complaints. NEIGHBORHOOD PROGRAM • Held one Gardens Neighborhood Association meeting on October 22, 2001. • Sent our over 500 invitations to the Neighborhood Program Meeting on 11/5/01. BIG PROGRAM • No additional funds were received this month so the total amount collected so far in the program is $25,700.00. VOLUNTEER PROGRAM • Utilized 33 volunteers for a total of 248.40 hours at a savings to the City of $3,552.12. • Processed 2 new volunteer applications. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING OCTOBER 18, 2001 The October 18, 2001 Regular Meeting of the City Council of the City of Palm Beach Gardens, Florida, was called to order at 7:00 P.M. in the Council Chambers of the Municipal Complex located at 10500 North Military Trail, Palm Beach Gardens, Florida; and opened with the Pledge of Allegiance to the Flag. ROLL CALL: The City Clerk called the roll and the following elected officials were in attendance: Mayor Joseph R. Russo, Vice Mayor Eric Jablin, Councilmember Lauren Furtado, and Chair Pro Tern Carl Sabatello. Councilmember David Clark was absent from the meeting ATTORNEY- CLIENT SESSION Mayor Russo closed the public meeting for an Attorney - Client Session. Following the Attorney Client Session, the public meeting was re- called to order., PRESENTATIONS: Vice Mayor Jablin made a motion to move the Proclamation of "United We Stand" Month for November 2001 to the Consent Agenda. Motion was seconded by Councilmember Sabatello and carried by unanimous 4 -0 vote. ITEMS & REPORTS BY MAYOR AND COUNCIL: Volunteer Committee to Assist Staff with Budget Oversight —Ed Sabin and Bud Knep, from the business community, and residents Adrian Sallee and Harry Di Cicco were appointed by consensus to assist staff. Scout Troop 150 was welcomed. Councilmember Furtado reported projects for I -95 widening and sound walls for both sides would be let in April. Mayor Russo announced he had attended the MPO meeting along with Councilmember Furtado and reported a 30 -day postponement had been authorized to see if the I -95 interchange at Beeline Highway funding could be reallocated for expansion of the PGA Boulevard interchange and improvement of the Okeechobee Boulevard interchange. Councilmember Furtado urged the developer and everyone to keep lines of communication open regarding this issue. Councilmember Furtado requested information regarding any residents who had been called up for military service. Councilmember Furtado asked if anything could be done to facilitate another anchor for Shoppes on the Green since Publix planned to move to Mirasol. This matter was to be looked into. Vice Mayor Jablin requested time to show David Porter's sketches following the meeting. Mayor Russo reported he had attended a meeting with Representative Atwater and Mayors and City Managers from cities he represented, where funding shortfalls through revenue sharing and education cuts were discussed. The Mayor reported another community had found it cost effective to dredge' all their canals at once with funding from a 15 -year loan. CITY MANAGER REPORT: Public Information Report - The City Manager requested the City Council receive and file the Public Information Report. Cultural Arts Coordinator Update — This item was postponed until the full City Council could be present. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01 2 State Revenue Sharing Update — Finance Director Alan Owens ;provided an update on this issue. A 6.6% decrease had been announced by the State, which would mean the City's sales tax revenues would be decreased $164,000; however, the amount budgeted for municipal revenue sharing would not show a shortfall. Mr. Owens indicated this issue would be closely monitored and he would come to City Council for any necessary budget cuts as a result of the shortfall. City Engineer Dan Clark indicated SFMWD had predicted 4 -5 inches rainfall before Saturday morning and normal preparations were being made for windstorm events. Mr. Clark announced DOT would begin construction of the flyover November 4. The City Engineer indicated he expected to have a bid out for Burns Road on November 1 to be awarded during the last City Council meeting in November or the first meeting in December. Police Chief FitzGerald announced a citywide plan to combat terrorism and that an Anti Terrorism Committee had been formed. Chief FitzGerald described the increased security measures for entry and exit at the City's municipal complex, and for people who handled mail. Security training was also planned for residents and other entities within the City. Councilmember Furtado reported a great response from the Police Department to an incident in her neighborhood. The City Manager announced CPR certification training for employees and the Council. COMMENTS FROM THE PUBLIC: Roger Blangy — Gardens Woods resident Mr. Blangy distributed copies of a letter to the Council and reported Commissioner Marcus had agreed to have a meeting with all people involved in his letter. Joan Elias — Diamond Head Way resident Ms. Elias thanked the City for the party given for the City volunteers. Pat Hughey — 9120 Reed Drive, thanked the Police Chief and the City for the anti- terrorism measures. Ms. Hughey requested that additional dollars not be allocated for a Cultural Arts Coordinator until the Palm Beach Square neighborhood could be brought up to a level equal to the rest of the City with a playground or :park in that area. Ms. Hughey asked when and why the approval granted for an in -house City Engineer when Ms. Herakovich was City Manager had been changed. Ms. Hughey expressed concern with changing the City's insurance agent. Mayor Russo responded the new agent would save the City $57,000; that he did not know what could be done about park land in an area that was built out, but did know dollars could be saved by continuing the RFP and bid process on everything that was done. Mayor Russo announced if there was a better way to deliver services to the residents at less cost that was the path that would be followed. Paul Cameron - Bent Tree Drive resident Paul Cameron commented regarding the notice of public meeting for designation for land use for parcels 31.01, 31.08 and 31.11, and indicated he had spoken to the potential developers and learned that it was not their intent to build multi - family units; therefore he withdrew his objection. CONSENT AGENDA: The City Attorney reported there had been very minor revisions to item (f) and he requested that the revised agreement be adopted. Growth Management Director Charles Wu announced that item (d) Resolution 149, 2001 had been pulled. Councilmember CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01 Furtado made a motion to approve the following items on the Consent Agenda. Motion was seconded by Vice Mayor Jablin, and carried by unanimous 4 -0 vote. a. Consideration of approving Minutes from the September 6; 2001 Workshop City Council Meeting. b. Consideration of approving Minutes from the September 13, 2001 Regular City Council Meeting. c. Resolution 85, 2001 — PGA National Office Center Sidewalk. Consideration of approving an application from PGA of America for an amendment of a previously approved Site Plan by granting a waiver from Section 256 of the City's Land Development Regulations (LDRS), in order to delete portions of the approved sidewalk on Avenue of Champions, adjacent to the PGA Office Center, as more particularly described herein, and to delete condition #6 in Resolution 145, 1999, which requires the applicant to extend its sidewalk from the northern limit of its property to PGA Boulevard; providing for a condition of approval; providing for a waiver. e. Northern Palm Beach County Improvement District. Consideration of authorizing the Mayor to sign a letter requesting a third gate at the S -44 structure on the C -17 canal. f. Resolution 158, 2001 - Interlocal Agreement- Howell Lane Roadway Improvements and Annexation. Consideration of approving and executing an Interlocal Agreement with Palm Beach County to share the costs of constructing Howell Lane roadway improvements and to annex Howell Lane into the City. g. Proclamation —Approval of "United We Stand" Month for November 2001. PUBLIC HEARINGS: Ordinance 37, 2001 — Mayor Russo declared the public hearing open held on the intent of Ordinance 37, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Section 3 -53 of the City Code of Ordinances to provide increased personal leave accruals for the full -time employees assigned a 48 hour work week; providing for codification; providing for severability,; and providing for an effective date, for consideration of second reading. Director of:Human Resources Henry DuFour presented the ordinance. Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Furtado moved approval of Ordinance 37, 2001 upon second reading by title only. Motion was second by Vice Mayor Jablin and carried by unanimous 4 -0 vote. The City Clerk read Ordinance 37, 2001 on second reading by title only. Ordinance 23, 2001 - Mayor Russo declared the public hearing open held on the intent of Ordinance 23, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by deleting Roadways #18 and #12 from the Conceptual Thoroughfare Plan and a parkway link from the Conceptual Linkage Plan that traverses through Parcel 31.01 located at the northwest corner of PGA Boulevard and Central Boulevard; providing for severability; providing for conflicts; and providing for an effective date, for consideration of second reading. Growth Management Director Charles Wu presented the proposed roadway amendment changes. Mayor Russo requested the developer coordinate with DOT on the turnpike issue within the next 30 -60 days so their project could be designed around the land that might be designated for an interchange. Attorney John Gary, representing the WCI, indicated the possibility of an interchange at PGA and the turnpike had just been learned that day and that this matter should be considered during site plan CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01 review. Mayor Russo advised that also the Central Boulevard, I -95 issue needed to go forward. Paul Angelo, WCI, indicated the issue in question would be evaluated. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved approval of Ordinance 23, 2001 upon second reading by title only. Councilmember Furtado seconded the motion. The City Clerk read Ordinance 23, 2001 on second reading by title only. Ordinance 24, 2001 — Mayor Russo declared the public hearing open, held on the intent of Ordinance 24, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending the Comprehensive Plan of the City of Palm Beach Gardens by deleting Roadways #18 and #12 from the Conceptual Thoroughfare Plan and a parkway link from the Conceptual Linkage Plan that traverses through Parcel 31.01 located at the northwest corner of PGA Boulevard and Central 'Boulevard; providing for severability; providing for conflicts; and providing for an effective date, for consideration of second reading. Growth Management Director Charles Wu presented the proposed roadway amendment changes in the Evergrene project by WCI. , Hearing no comments from the public, Mayor Russo declared the public hearing closed. Councilmember Furtado moved to approve Ordinance 24, 2001 on second reading by title only. Vice Mayor Jablin seconded the motion. During discussion of the motion Councilmember Furtado requested a letter to the City's neighbors stating the Council's definition of linkages and connectivity. Mayor Russo requested that be done after review of the Traffic Forum study at the November 18 meeting. The motion carried by unanimous 4 -0 vote. The City Clerk read Ordinance 24, 2001 on second reading by title only. Ordinance 20, 2001— Mayor Russo declared the public hearing open held on the intent of Ordinance 20, 2001. An ordinance of the City Council of the City of Palm Beach Gardens, Florida, amending Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation for parcels known as 31.08 and 31.11, totaling approximately 80.5 acres, located at the northeast and northwest corners of Central Boulevard and I -95, from Mixed Use to Residential High; providing for transmittal to the Department of Community Affairs; providing for severability providing for conflicts; and providing for an effective date for consideration of second reading. Growth Management Director Charles Wu presented the proposed change. Henry Skokowski, agent for the applicant, indicated the conversion would give up commercial potential which could affect the appraised value of the property; however, the applicant wished to develop a residential community. Mayor Russo questioned whether if a taking of this property for an I -95 interchange should occur and the value of this property before tonight's requested change would have been less whether the applicant would agree to the lesser dollar amount; to which Mr. Skokowski responded the applicant would agree. Mayor Russo requested information as to what year the interchange project would take place. Hearing no further comments from the public, Mayor Russo declared the public hearing closed. Vice Mayor Jablin moved to approve Ordinance 20, 2001 on second reading by title only. Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote. The City Clerk read Ordinance 20, 2001 on, second reading by title only. RESOLUTIONS: Resolution 148, 2001 —. A Resolution of the City Council of the City of Palm Beach Gardens, Palm Beach County, Florida, approving an application from Catalfumo i CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01 5 Development Company for a sign program for Parcel 27.05/27.06 within the Regional Center Planned Community Development (PCD) near the northeast corner of Kew Gardens Avenue and PGA Boulevard, as more particularly described herein; providing for waivers. Growth Management Director Charles Wu presented the project, for which tonight's request for approval was only for the bank and the office buildings, and the two retail buildings and the hotel would be considered at a future date. Mayor Russo indicated he did not want the applicant bringing in requests for more waivers piecemeal in the future. Mr. Wu noted the following typographical errors: on page 2, section 3, subsection 1, which should read "Building Office 1" as opposed to "Building Office 2 "; and subsection 2 should read "Building Office 2" as opposed to "Building Office 1 ". Mr. Wu indicated the clerk had been given the correct resolution. Vice Mayor Jablin moved approval of Resolution 148, 2001 with the changes as read into the record by the Growth Management Director. Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 145, 2001 — A Resolution of the City Council of the City of Palm Beach Gardens, Palm Beach County, Florida, approving an application from Forest Lake Associates, L.C. for approval of an approximately 3,428 square -foot clubhouse, a park, a guardhouse, and signage located in the San Michele Planned Unit Development (PUD) at the northwest corner of Central Boulevard and Hood Road, as more particularly described herein; providing for conditions of approval. Growth Management Director Charles Wu presented the project. Councilmember Sabatello recalled lengthy discussions regarding bus stops, stacking, and parents waiting for children, and reported School Board regulations had changed and he wanted to be sure everyone understood it would not be as previously discussed. Mr. Wu responded the applicant now proposed an interior school bus stop to allow children to get on and off the bus out of the Central Boulevard right -of -way. Henry Skokowski, agent for the petitioner, presented a rendering of the entrance to the community depicting an ungated turnaround where the bus could stop. Marketing for the project and the School Board policy was discussed. Concern was expressed if homes were sold at a price lower than the current marketing if that would bring too many children so that there would not be room for at the bus stop. Counsel for the developer reported she had met with the School Board representatives who had signed off on the plans, and the developer had sold the land to two different builders who were unlikely to reduce prices. Mayor Russo requested a bus stop shelter be built into this project when it was 75% complete or the petitioner could come back for a waiver at that time. The following condition of approval was agreed upon: Prior to issuance of the certificate of occupancy for the recreation building, applicant shall provide a covered bus shelter in a consistent architectural style approved administratively by City staff. Vice Mayor Jablin moved approval of Resolution 145, 2001, with the condition of approval as read into the record by the City Attorney. Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote. Resolution 153, 2001 - Northmil Plaza Site Plan Amendment to Out - Parcels 2 & 3. Consideration of approving an amendment to a site plan to provide for the development of two commercial out - parcels at the Northmil Plaza Shopping Center, as more particularly described herein; providing for an approximately 4,919 square foot retail building and an approximately 3,120 square foot drive- through restaurant; providing for a condition of approval; providing for a waiver. Growth Management Director Charles Wu CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01 6 provided an overview of the request. Senior Planner Edward Tombari reviewed the staff report. It was indicated that the original condition to provide a school crossing guard no longer applied since the School Board had changed the boundaries. Councilmember Sabatello requested attention to the median landscaping on Northlake Boulevard. Vice Mayor Jablin made a motion to approve Resolution 153, 2001 with the following additional condition: Prior to the issuance of the first building permit for outparcel 3 the construction plan shall be revised to indicate a sign visible at the intersection of outparcel number 3 entrance and the main north -south shopping center drive reading Do Not Block Intersection. Councilmember Furtado seconded the motion, which carried by unanimous 4 -0 vote. ITEMS FOR COUNCIL ACTION: City Manager Evaluation — Councilmember Furtado expressed her opinion that this evaluation was not the proper format for the City Manager position. Mayor Russo indicated he had given a score of 5; Councilmember Sabatello had given 4 and 5, and the City Council expressed their satisfaction with the City Manager's performance. Mayor Russo answered resident Pat Hughey's question made earlier in the meeting that the decision regarding the City's engineering was made by the City Manager. Councilmember Sabatello made a motion to grant a 6% merit increase in pay for the City Manager. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. CITY ATTORNEY REPORT: RA CO AMO, Inc. Proposed Settlement — The City Attorney presented a settlement agreement related to the widening of Burns Road in the amount of $35,000. Councilmember Sabatello made a motion to approve the proposed settlement agreement with RA CO AMO, Inc. Vice Mayor Jablin seconded the motion, which carried by unanimous 4 -0 vote. Clarification of "Conflict of Interest." - The City Attorney reported he had prepared a memo, which had been distributed, to each member of the City Council. The City Attorney explained that Councilmembers must vote unless .they had a voting conflict, phrased by the Statute as inuring to special private gain of a Councilmember, special private gain of a relative or business associate or principal by whom a Councilmember was retained. The City Attorney indicated he had provided a number of specific examples in the memo, and that he would be happy to answer questions before a specific item came up. Councilmember Sabatello indicated he was still extremely upset over the article that was in the Palm Beach Post, and questioned the wording "a business associate ". The City Attorney explained the definition, which was a business partner, a joint venture, a corporate shareholder of a closely held corporation, or a co -owner of property. Councilmember Sabatello indicated he would continue to consult the City Attorney regarding conflicts as he had always done in the past. The City Attorney advised all members of the City Council to consult him regarding questions on this matter. ADJOURNMENT: There being no further business to discuss, upon motion by Vice Mayor Jablin, seconded by Councilmember Sabatello, carried 4 -0, the meeting was adjourned at 9:40 p.m. CITY OF PALM BEACH GARDENS REGULAR MEETING, 10/18/01 7 APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO ATTEST: CAROL GOLD CITY CLERK CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 5, 2001 Meeting Date: November 15, 2001 Subject/Agenda Item: Resolution 167, 2001- Crossroads at Northlake -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: City Attorney / Originating Dept.: Gro h Manage'm'ent Costs: $ 0 (Total) Council Action: [ ] Approved rw Finance �' WJ • k, $ 0 Current FY [ ] Approved w/ conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other Submitted by: C. Donahue, P.E. -Sean_ Assistant City Engineer Affected parties [ ] Notified Budget Acct. #: [ ] None Approv d by: City Manager [X] Not required BACKGROUND: See attached memorandum. RESOLUTION 167, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE CROSSROADS AT NORTHLAKE PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Crossroads at Northlake Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Crossroads at Northlake Plat consisting of two (2) sheets dated July 2001, prepared by Wallace Surveying Corporation, attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 176, 2001 Page 2 of 2 VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello L br INC CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold -City Clerk FROM: Sean C. Donahue, PE DATE: November 5, 2001 FILE NO. 00 -4146 SUBJECT: Crossroads at Northlake We have reviewed the plat for the referenced project for compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. We have no engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P APROJECTS\PBGMEMO \4146 \4146v CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: October 29, 2001 Meeting Date: November 15, 2001 Subject/Agenda Item: Consideration of Resolution 168, 2001, approving the renaming of roadways within the plat of "San Michelle" and directing the City Clerk to record the Resolution in the public records. Recommendation: Approval of Resolution 168, 2001 Reviewed by: Originating Dept: Costs: Council Action: City Attorney City Attorney —� Not Applicable [ ] Approved \ Growth Mgtr [ ] Approved with conditions Funding Source: [ ] Denied [ ] Continued to: Submit -y: d b ` �� City Attorney Advertised: Date: [ ] Operating Paper: [ X] Not Required [ ]Other Approve Attachments: City Man ger Affected parties: Resolution 168, 2001 Correspondence from [ ] Notified Will Van Campen [ X] Not Required Explanation: The developer of San Michele wishes to rename certain roadways within the approved plat, which designated each roadway as "San Michele Way." The renaming of certain roadways will avoid confusion for the future residents of San Michele and 'those persons visiting the development. The Resolution will be recorded in the public record's to alert purchasers of the name changes. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 168, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE RENAMING OF ROADWAYS WITHIN THE PLAT OF "SAN MICHELE" AND DIRECTING THE CITY CLERK TO FILE THIS RESOLUTION IN THE PUBLIC RECORDS OF PALM BEACH COUNTY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, "San Michele" is a subdivision located within the corporate limits of the City of Palm Beach Gardens; and WHEREAS, the plat for "San Michele" was approved by the City Council on May 17, 2001 and was recorded in Plat Book 90, Page 145 of the Public Records of Palm Beach County on May 18, 2001; and WHEREAS, the approved plat designated the name of all of the streets within "San Michele" as "San Michele Way," asset forth in Exhibit "A" attached hereto and incorporated herein by reference; and WHEREAS, the developer of "San Michele" wishes to rename certain streets within "San Michele" as set forth in Exhibit "B" attached hereto and incorporated herein by reference; and WHEREAS, the City Council finds that the renaming of certain streets within "San Michele" is in the best interests of the current and future residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes and approves the renaming of the streets within "San Michele" from the names depicted on the plat as set forth in Exhibit "A" to the names set forth in Exhibit "B." The City Clerk is hereby directed to file a certified copy of this Resolution in the public records of Palm Beach County, Florida. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. -1- SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF 12001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- EXHIBIT "A" TRACT "UP -1" 21 1 22 1 23 24 1 25 1 26 1 27 1 28 29 30 1 1 TRACT"R -1" TRACT "L -2" �� SAN - 31 �J) q�YHEL I 15 14 1 1g 17 16 3 SAN MICHELE WAY 0' 20 19 32 ry, 49 48 47 46 45 44 43 42 33 TRACT �^ "L -4" . 2 TRACT "L -3" J Z TRACT "L -1" O 34 m 35 51 Q 8 9 10 11 12 3 36 a ry 7 �J 37 �' 1 82 53 6 SAN MICHELE WA as 89 m 81 U 38 54 I 90 LLK ,4U F 55 = 80 U_ 5 4 3 2 1 Z 39 56 76 77 78 79 40 57 1 1 TRACT"R -1" TRACT "L -2" �� SAN - �J) q�YHEL I SAN MICHELE WAY 0' 41 ry, 49 48 47 46 45 44 43 42 , TRACT �^ "L -4" . 2 TRACT "L -3" J Z O 50 87 86 85 84 m 51 Q .. 83 ry 52 r 88 Q �' 1 82 53 W as 89 m 81 U 54 I 90 LLK ,4U F 55 = 80 U_ 56 76 77 78 79 57 58 TRACT "L -5" I 59 70 60 75 74 73 72 71 61 SAN MICHELE WAY 62 63 64 65 66 67 68 69 TRACT "UP -5" TRACT "UP =4" HOOD ROAD f 1 1 V EXHIBIT "B" TRACT "" / W- TRACT "UP -1" ■ 21 22 23 24 25 26 27 28 29 30 ISA8ELLA DRIVE _ _ 31 IS EL 18 ' ' 7 6 ' 15 14 13 20 19 32 33 TRACT "L -1" 34 X35 a 8 _ . 9 . 10 • 11 � 12 . >. 36 7 0 I 37 6 VENETIA WAY = 38 •5 4 3 2 1 U 39 _ _rz _ N 40 i L-_7 -■ ,TRACT "R -1" TRACT "L-2" SAN MIC I i pRIVEELE _ SAN MICHELE DRIVE 41 _ r, 49 48 47 46 45 44 43 42 Q ���_ —• —• � TRACT z TRACT "L -3" J' � 0 50 m �^ 87 86 85 84 1 51 `z ILANO COUR 83 52 88 I p 82 ID 53 89 U _ Lij U a U Z 81 54 } x ¢. F 90 _ 55 MILANO eo 1•, COURT Lai a 56 2 76 77 78 79 57 ¢ -- 8 yN TRACT "L -5' ~ 59 / 70 60 75 [74 73 72 71 61 SAN MICHELE WAY /C—j I 62 163 11 164 1 65 166 I 67 ' It 68 69 TRACT "UP -5" TRACT "UP'-4!' I HOOD ROAD 1 0 NCHLAND SURVEYING MARK& MAPPING, INC. LUE HERON BOULEVARD - SUITE 121 - RIVIERA BEACH - FLORIDA 33404 October 22, 2001 Mr. Lennard Rubin, Esquire Watterson, Hyland and Kieft 4100 RCA Boulevard - Suite 100 Palm Beach Gardens, FL 33410 Re: San Michele Subdivision - Resolution to Change Road Names Dear Mr. Rubin: As per our telephone conversation, this date, attached please, find EXHIBIT "A" which delineates the road names as shown on the recently recorded plat of "SAN MICHELE ", lying within the City of Palm Beach Gardens, recorded in Plat Book 90, Page 145, public records, Palm Beach County, Florida. Also, attached please find EXHIBIT "B" which delineates the road name changes approved by the City of Palm Beach Gardens that were furnished me by Sterling Communities, Inc., an owner /developer of the platted lots. We would greatly appreciate it if you would prepare a Resolution to be signed and recorded by the City to effect these road name changes. If you need any other exhibits or have any questions regarding this matter please do not hesitate to contact me. Sincerely, Bench Mark Land Surveying & Mapping, Inc. Wm. R. Van Campen, P.S. President Attachments: EXHIBITS "A" and "B" San Michele Record Plat (Mr. Rubin only) Copies: Ms. Susi M. Guthier, Sterling Communities, Inc. Mr. Rob Gordon, Gordon Homes, Inc. PHONE: (561) 848 -2102 FAX: (561) 844 -9659 EMAIL: bmism @ool.com WEB: http: / /members.col.com / /bmIsm CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11/05/01 Meeting Date: 11/15/01 Subject/Agenda Item: SEIU Contract Approval Resolution 171 Recommendation /Motion: Motion to Approve Resolution 171, 2001 Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorn [ ] Approved y f�L 5ar t 2C jr S $ [ ] Approved w/ Current FY conditions Financ Director [ ]Denied Funding Source: [ ] Continued to: Advertised: Attachments: Other Date: [ ]Operating Paper: [ X ] Not Required [ ] Other Memorandum Submitted by: Department Director Affected parties /[)4 Notified Budget Acct. #: [ ] None Appro;nag y: City M [ X ] Not required BACKGROUND: RESOLUTION 171, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL AND RATIFICATION OF AGREEMENT BETWEEN THE NATIONAL CONFERENCE OF FIREMEN AND OILERS (SEIU) AND THE CITY OF PALM BEACH GARDENS FOR THE MEMBERS FOR THE FISCAL YEAR 2001 -2002; AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, The City's Negotiating Team and the NCF &O, SEIU have come to an agreement regarding the amendments to the employment contract for members employed by the City of Palm Beach Gardens for fiscal year 2001/2002, and WHEREAS, members of the NCF &O, SEIU affected by the attached contract have voted in favor of ratification of said contract amendments. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The City Council of the City of Palm. Beach Gardens, Florida hereby approves and ratifies the contract amendments to the contract between the City of Palm Beach Gardens and the NCF &O, SEIU for members employed by the City of Palm Beach Gardens. SECTION 2: The City Council of the City of Palm Beach Gardens, Florida hereby direct the Mayor and City Clerk to execute the amendments to the employment agreement between the NCF &O, SEIU, and' the City of Palm Beach Gardens for fiscal year 2001/2002 for members employed by the City of Palm Beach Gardens. Reso. 171 2001 Page 2 SECTION 3: This Resolution shall become effective retroactive to October 1, 2001 upon adoption. PASSED, ADOPTED AND APPROVED this ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN CITY ATTORNEY VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello day' of 12001. JOSEPH R. RUSSO MAYOR AYE NAY ABSENT OCT 26 2001 11:13RM HP LRSERJET 3200 P.1 Natk nal Conference of Firemen & Oileca NCFO Local 1227, SEIU, AFL -CIO, CLC 937 Belvedere Road U` West Palm Beach, Florida 33405 EMMENZERWO --------- �11— ------ _ --- _- -_- -__ -v_ -_ ------ _=_=Y - - -_ October 26, 2001 Mr. Henry A. Dufour Human Resources Director City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 Re: NCF &O Contract Ratification Vote Dear Mr. Dufour: Please be advised the NCF &O Bargaining Unit emplo: -es ratified the Tentative Agreement reached between the City of Palm Beach Gi ^dens and the Union. The votes were 27 Yes, 3 No. Sincerely, haron A. Barmore Mun y President NCF -F - s Phone: 561- 366 -9513 Fax: 561- 366 -9554 Toll Free: 1- 888 - 702 -081U Wetosite' K-ww. local 1227.org i b ' 1 TO: Ron Ferris, City Manager DATE: November 5, 2001 FROM: Hank DuFour, Human Resources Director SUBJECT: SEIU Contract Negotiation The two articles on the table for this round of negotiations were Article 18 Insurance, and Article 28 Salary Plan. There were no additional costs in benefits this year that would ',affect the employees, therefore, Article 18 was unchanged. Article 28 Salary Plan — See enclosed amendments. ARTICLE 28 SALARY PLAN Section 1: Effective upon ratification of collective bargaining agreement, employees shall receive salary adjustments as follows: a. A 4% across the board salary adjustment calculated on each employee's hourly wage. b. A range adjustment of 2% to the minimum and 6% to maximums. The increase shall be retroactive to October 1, 2001. Employees who have reached the maximum salary range for their position shall receive this adjustment in the form of a cash bonus. Employees shall be eligible for a merit increase of 04% upon receipt of their performance appraisal as outlined below; Score Range Overall Ranking Merit Increase 0 -17 Unsatisfactory 0% 18 -26 . Need Improvement 0% 27 -29 Satisfactory 2% 30 -32 Above Satisfactory 2.5% 33 -35 Above Satisfactory 3.0% 36 -38 Excellent 3.5% 39 -41 Outstanding 4.0% Section 2: Employees may request a review of their performance appraisal utilizing the wage review panel whicli-will consists of one member selected by an employee, one member selected by the City, and a third member selected by the two. The panel shall make a recommendation to the Department Director or designee in writing, however the recommendation shall not be binding. THE CITY OF PALM BEACH GARDENS AND SEIU OCTOBER 1, 2000 THROUGH SEPTEMBER 30, 2003 TABLE OF CONTENTS Page ARTICLE1 PREAMBLE .......................................................................................... ............................... 3 ARTICLE2 RECOGNITION .................................................................................... ............................... 4 ARTICLE3 NON - DISCRIMINATION .................................................................... ............................... 5 ARTICLE 4 DUES DEDUCTION .............................................................................. ..............................6 ARTICLE 5 MANAGEMENT RIGHTS ................................................................... ............................... 7 ARTICLE 6 ASSOCIATION REPRESENTATIVES ............................................... ............................... 8 ARTICLE7 BULLETIN BOARDS ............................................................................ ..............................9 ARTICLE 8 BARGAINING UNIT IDENTIFICATION ........................................... ................... ;.........10 ARTICLE 9 WORKER'S COMPENSATION & DUTY DISABILITY LEAVE ... .............................11 ARTICLE 10 MILITARY LEAVE .............................................................................. .............................13 ARTICLE 11 LABOR MANAGEMENT COMMITTEE ...........................:............... .............................14 ARTICLE 12 CHANGE OF STATUS .........................................................:............... .............................15 ARTICLE 13 PERSONNEL RECORDS/ JACKETS ................................................... .............................16 ARTICLE14 SENIORITY .......................................................................................... .............................17 ARTICLE ...... ............................... 15 EMPLOYMENT & PROMOTIONAL POLICY ..................... .:...18 - ARTICLE 16 BEREAVEMENT LEAVE .................................................................... .............................19 ARTICLE 17 LEGAL BENEFITS ............................................................................... .............................20 ARTICLE 18INSURANCE .........................................................................'................ ..:..........................21 ARTICLE 19 TRAVEL ALLOWANCE ...................................................................... .............................22 ARTICLE 20 PROHIBITION OF STRIKES ............................................................... .............................23 ARTICLE 21 PROBATIONARY PERIOD ................................................................. .............................24 ARTICLE 22 WORKING OUT OF CLASSIFICATION ........................................... .............................25 ARTICLE23 HOLIDAYS ......................................................................................... ............................... 26 1 e:seiu.contract.00 -03bk ARTICLE 24 OFF DUTY EMPLOYMENT ........................................ .............................28 ARTICLE 25 WORKWEEK & OVERTIME ... ............................... 29 ARTICLE 26 GRIEVANCE & ARBITRATION PROCEDURE ................. .............................31 ARTICLE27 SAVINGS CLAUSE ........................................................................... ............................... 33 ARTICLE28 SALARY PLAN .................................................................................. ............................... 34 ARTICLE 29 VACATION LEAVE .......................................................................... ............................... 35 ARTICLE30 SICK LEAVE ........................................................................................ ............................... 37 ARTICLE 31 TERMS OF AGREEMENT & REOPENING .................................... ............................... 38 ARTICLE 32 MAINENANCE OF CONDITIONS ................................................... ............................... 39 ARTICLE 33 NO PAY FOR TIME LOSS CAUSED BY GRIEVANCE.. ............................................. 40 ARTICLE 34 LONGEVITY BENEFTIS .................................................................. ............................... 41 ARTICLE 35 HIGHER EDUCATION - TUITION REIMBURSEMENT PROGRAM .....................42 ARTICLE 36 DISCIPLINE AND DISCHARGE ...................................................... ............................... 46 ARTICLE 37 UNIFORMS AND EQUIPMENT ....................................................... ............................... 47 ARTICLE 38 ALCOHOL AND SUBSTANCE ABUSE POLICY ..........' ................ ............................... 48 ARTICLE 39 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES .................. 49 SIGNATUREPAGE ................................................................................................... ... ............................. 50 2 e: seiu.contract.00 -03 bk ARTICLE 1 PREAMBLE Section 1. In accordance with the State of Florida Public Employees Collective Bargaining Statute and the City of Palm Beach Gardens this agreement is entered into by and between the City of Palm Beach Gardens, a municipal corporation in the State of Florida, hereinafter called the "Employer" or "City" and Service Employees International Union, AFL -CIO, hereinafter referred to as the "SEIU ", Local 747 or "Union ". The labor agreement is applicable for employees as defined in Certificate Number 447 issued to the SEIU in accordance with the Certificate granted by the Public Employees Relations Commission on January 26, 1979. Section 2. The purpose of this agreement is to promote and maintain harmonious and cooperative relationships between the employer and employees, both individually and collectively, to provide an orderly and peaceful means for resolving differences which arise concerning the interpretation or application of this agreement, and to set forth herein the basic and entire agreement between the parties in the determination of wages, hours and terms and conditions of employment. Section 3. The parties recognize that the basic interest of the community will be served by assuring the public, at all times, of orderly and uninterrupted operations and functions of the municipal government, and by providing in the most efficient manner, superior public service tothe citizens of the community. - - - -- - ARTICLE 2 RECOGNITION Section 1. The City of Palm Beach Gardens hereby recognizes the Service.Employees International Union, AFL -CIO, as the exclusive representative for the purpose of collective bargaining with respect to wages, hours, and terms and conditions of employment for all employees in the bargaining unit. Section 2. The bargaining unit for which this recognition is accorded is as defined in Certificate Number 447 granted by the Public Employees Relations Commission on January 26, 1979, comprising the following employees employed by the City of Palm Beach Gardens, specifically included as those classified as General Maintenance, Maintenance I, Maintenance II, Maintenance III, Maintenance IV/Lead /Specialty, Light Equipment Operator, Heavy Equipment Operator, Irrigation Technician, Chemical Spray Technician, Traffic Maintenance Technician, Air Conditioning Technician, regardless of source of funding; excluding all other municipal employees, specifically those classified as all professional, fire fighting, sworn law enforcement, managerial /confidential, supervisory and administrative - clerical employees; and all other employees of the City of Palm Beach Gardens. Section 3. The Service Employees International Union, AFL -CIO, Local 747, hereby recognizes the City Manager or his/her representative as the Public Employer's only representative for the purpose of collective bargaining. Section 4. For the purpose of this agreement, the terms bargaining unit employees, officer, member and the employees shall be synonymous. Section 1 Section 2. Section 3. ARTICLE 3 NON- DISCRIMINATION The City of Palm Beach Gardens will not discriminate against any employee covered by this agreement because of membership or non - membership in the Union or authorized activity as required in this agreement in behalf of the members of the SEIU.1 The SEIU will not discriminate against employees covered by this agreement as to membership or representation with regard to terms and conditions of membership because of race, color, creed, sex, age or national origin. The Union recognizes that the City of Palm Beach Gardens is firmly committed to securing equal employment opportunities and freedom from discrimination for all individuals within Palm Beach Gardens, as set forth by its Equal Employment Opportunities policies. ARTICLE 4 DUES DEDUCTION Section 1. Upon receipt of a lawfully executed written authorization form from an employee, the City of Palm Beach Gardens agrees to deduct the current regular Union dues once each month and remit such deductions to the duly elected Treasurer of the SEIU, Local 747 within fifteen (15) working days from the date of deduction. The SEIU will notify, the City, in writing, thirty (30) calendar days prior to any change in the regular SEIU dues structure. The employer is expressly prohibited from any involvement in the colt ?ction of fines, penalties or special assessments and shall not honor any request of this nature other than for Union dues. Section.?.. Any employee may upon thirty days written notice to the Finance :Director and the Union, cancel his dues deduction. Section 3. The SEIU agrees to remit to the City the amount of (20) cents per employee for the administrative cost of each change made in the regular monthly dues. Said remittance shall be due from the SEIU within fifteen (15) calendar days from receipt of a statement from the City's Finance Department. Section 4. The SEIU agrees to provide necessary Dues Deduction Authorization forms and Notice to Stop Dues Deduction forms for its members. These forms shall read as follows: AUTHORIZATION CARD FOR DEDUCTION OF SEIU DUES I hereby authorize the City of Palm Beach Gardens to deduct from my wages each month the current regular monthly, SEIU dues and to transmit this amount to the Treasurer of the Service Employees International Union, Local 747, AFL -CIO. Date: Name: Employee I.D.9 Address: Sianature INSTRUCTIONS TO STOP PAYROLL DEDUCTION OF SEIU DUES I hereby instruct the City of Palm Beach Gardens to stop deducting from my wages each month the current regular monthly SEIU dues of the Service Employees International Union, Local 747, AFL -CIO. A copy of this revocation has been forwarded to the Treasurer of the SEIU. Date: Name: Emplovee I.D. Address: Signature: Section 5. The SEIU agrees to indemnify and hold the City harmless against any, and all claims, suits, orders and judgement brought and issued against the City as a result of any action taken or not taken by the City on account of payroll deduction of SEIU dues. -- 6 e:seia.concraa.00 -03bk ARTICLE 5 MANAGEMENT RIGHTS Section 1. Except as expressly limited by any provision of this agreement, the City of Palm Beach Gardens reserves and retains exclusively all of its normal and inherent rights Nvith respect to the management of its operations, whether exercised or not, including, but not limited to, its rights to determine, and from time to time predetermine, the number, location and type of its various operations, functions and services; the methods, procedures and policies to be employed; to discontinue the conduct of any operation function or service, in whole or in part; to transfer its operations, functions or services from or to, either in whole or in part, any of its departments or other divisions; to select and direct the working force in accordance Nvith requirements determined by the City; to create, modify or discontinue jobs; to establish and chancre Nvorking rules and regulations; to establish and change .vork schedules and assignments; to transfer or promote employees; to lay off, furlough, demote, terminate or otherwise relieve employees from work for lack of work, lack of funds, or other legitimate reasons; to suspend, discharge, demote or otherwise discipline employees for just cause; to subcontract; and to alter or vary past practices and otherwise to take such measures;as the City may determine.to be necessary to the orderly and efficient operation of it various operations, functions and services. Section 2. If in the sole discretion of the City Manager it is determined that civil emergency conditions exist, including riots, civil disorders, hurricane conditions, similar catastrophes or disorder, or public employee strikes, the provisions of the Agreement may be suspended by the City Manager during the time of the declared emergency, providing that wage rates and other direct monetary payments shall not be suspended and provided further that any disciplinary action taken during such declared emergency shall be grievable at the end of the declared emergency. Section 3. The exercise of the above - enumerated rights shall not preclude employees or their representatives from raising grievances, should decisions on the above - matters' have the practical consequence of violating the terms and conditions of this collective bargaining agreement. ARTICLE 6 ASSOCIATION REPRESENTATIVES Section l: A bargaining unit member, who is an elected SEIU official and /or bargaining unit member of the SEIU negotiating team shall be permitted to use annual leave or other earned time, excluding sick leave, for the purpose of conducting SEIU business and negotiations provided that: (A) A written request for the use of annual leave or other earned time, excluding sick leave, is submitted to the Department Director or designee. (B) Sufficient manpower is available to maintain efficiency of operations during the absence of the SEIU Officials as so determined by the Department Director or designee. Section 2: It shall be the responsibility of the bargaining unit to promptly notify the City Manager and the Department Director or designee in writing of any change in the designation of SEIU representatives. Section 3: SEIU representatives, unless authorized by the Department Director or designee, shall noti_.contact any employee or other person concerning grievance matters or SEIU business during either the working hours of the SEIU representative or the working hours of any employee sought to be contacted. Section 4: An Employee Organization Time Pool shall be established on the basis of each bargaining unit member contributing four (4) hours of vacation leave to the pool on an annual basis. Said four (4) hours will be deducted from each bargaining unit member's leave balance in the 2nd day period of October and thereafter when requested by the SEIU to the City'Manager's Office in writing prior to October 1. Section 5: The City agrees that during the term of this agreement it will deal only with the authorized representatives of the union in all matters requiring mutual consent or other official action called for by this agreement. The union agrees to notify' the City of the name of such authorized representatives as of the execution of this agreement any replacement during the term of this agreement. Authorized representatives shall be defined as the elected officers of the union and duly elected or appointed stewards, provided that notification has been provided in writing to the Department Director or designee at least twenty -four (24) hours in advance. Until such notice is received, the City is under no obligation to recognize the individual as an authorized representative of the union. Section 6: The union likewise agrees that during the term of this agreement, the union and the employees covered hereunder shall deal only with the City Manager or hi's representative in matters requiring mutual consent or other official action and specifically the union agrees that neither the union nor the employees hereunder shall seek to involve the City's elected officials in the administration of this agreement. All matters relating to grievances shall be processed only through the grievance procedure chain of command. ARTICLE 7 BULLETIN BOARDS Section 1. Each department, office or bureau agrees to provide a bulletin board or reasonable space at work locations which may be used by the Union for the following purposes: A. Notice of Union meetings B. Notice of Union elections and their results C. Notices of official Union business D. Any other communications which has received the prior approval of the City Manager or designee Section 2. All costs incidental to preparing and posting of the SEIU material will be borne by the Union and in no way shall City facilities other than the approved bulletin boards be utilized for the dissemination of SEIU material. -- - 9- - eaciuxor,=a.00 -03bk ARTICLE 8 BARGAINING UNIT IDENTIFICATION Section 1. The City of Palm Beach Gardens agrees to provide to the SEIU on an annual basis a roster of the bargaining unit including name, address, date of birth, social security number, current pay, job title, department and hire date. Section 2. Annually, the City of Palm Beach Gardens will provide the unison with a list of employees ranked by seniority. ARTICLE 9 `YORKER'S COMPENSATION AND DUTY DISABILITY LEAVE Section 1: Job - Related Iniurv: A. The City of Palm Beach Gardens will carry Worker's Compensation coverage for all employees covered by this Agreement. This City agrees to pay the premium for said coverage. B. When an employee is absent from duty because of an injury determined to be compensable under the provision of the Worker's Compensation Act, the employee shall be entitled to full pay less any benefit under the Worker's Compensation Act for up to the first thirteen (13) weeks following the injury. However, if benefits required by state law exceed this, the'employee shall be compensated accordingly. Section 2: Non -Job Related Illness or Injury: A. Any bargaining unit member with the City who is absent from work due to sickness or injury after fourteen (14) consecutive days is eligible for disability pay. For each separate illness or injury and upon receipt of a disability claim form completed by the treating physician, the employee will be paid at 60% of base salary for a period of up to and not to exceed twenty -six (26 weeks). No more than tv;enty-six (26) week's disability will be paid for any one illness or injury �%ithin the one -year period following the date the disability began. The employee may, choose to exhaust all sick leave before applying for disability pay. B. Upon request of the City Manager, a doctor's certification must be submitted to the City every three (3) weeks if the employee is unable to perform light duty or normal duty in order for the employee to continue to receive sick leave or disability pay. The sickness or.injury cannot be in connection with Worker's Compensation, self - inflicted injury, nor related to off -duty employment. C. An employee requiring time off for childbearing shall be subject to the same benefits and restrictions as for any other disability. y D. An employee receiving medical treatment over an extended period of time for an illness or injury may be required to provide a physician's written diagnosis, prognosis, approximate date of recovery, and a statement that the employee is physically fit to perform the job duties required•in the capacity for which the employee is currently employed. Based on the information received from the physician or failure to provide requested information, may result in reclassification of duty status. Section 3: When so directed by the .City, any employee out of work or released for light duty work under the provision of this article shall present themselves for a medical examination. The City will bear the full expense of said examination. The failure of an employee to do so may terminate payments under this Article. Section 4: Whenever an employee is out of work due to an illness or injury and is physically able to perform some useful light duty work for the department, the employee may be required to do so as condition to receiving benefits under this Article. An employee assigned to light duty shall not receive out -of- classification pay. Section 5: An employee who is able to work after a illness or injury shall be reinstated, provided if physically qualified to perform all of the duties and responsibilities of the previous position. Such statement shall be certified by a medical doctor prior to the employee returning to work. If the employee is unable to do so, the employee shall have first preference to fill another department position, if a vacancy occurs, and the employee qualifies for such position. Section 6: The employee shall be subject to termination after completion of 26 weeks of disability or Worker's Compensation. The determination shall be at the discretion of the Department Director or designee and confirmed by the City Manager. —12 e:seiu.contract.00 -03bk ARTICLE 10 MILITARY LEAVE Section I. Employees covered by this agreement who are members of the Florida National Guard, the Naval Militia, or members of Reserve Components of the Armed Forces of the United States shall be entitled to leave of absence from their respective duties without loss of pay for up to seventeen (17) days per year. The City of Palm Beach Gardens will pay the difference between their Military pay and what they would have otherwise earned during each leave. Section 2. The employee shall be required to submit an order or statement from the appropriate military Command as evidence of such duty. Such order or statement must accompany the formal request for military leave. -1 13 _ - -� nn_n;hL- ARTICLE 11 LABOR MANAGEMENT COMMITTEE Section L. The City of Palm Beach Gardens and the Union shall establish and maintain a Joint Committee. The committee will be comprised of four members, two of which shall be appointed by the City and two by the Union. It is the responsibility of the Union representatives to notify, in writing, the Department Director or designee of tentative date or time fora committee meeting two weeks before such meeting. Section 2. The Union designees shall consist of individuals from within the positions covered by this Agreement, and the Management designees shall consist of persons outside of the bargaining unit as herein defined. Section 3. It is agreed that the function of this Joint Committee shall be to consider areas of work in which modification can be made - including improving the efficiency of '.operations, safety, and discussion of problems and objectives of mutual concern. Except for violations of the terms of this contract, matters considered by this committee shall not be subject to arbitration and the adoption of any suggestions remains a management prerogative. Section 4. The Labor Management Committee may request that any representative of SEIU and /or Management be in attendance during a joint meeting, as established under this Article. — — 14 — e:seiu contract.00 -03bk ARTICLE 12 CHANGE OF STATUS Section 1. The placement of employees within the Public Works or Parks Division of the Parks and Recreation Departments shall be the responsibility of the Department Director or designee concerned. In transferring employees, the Departments will consider experience; qualifications, specific skills and seniority and the like when making such transfer or reassignment. Section 2. Employees will be notified at least two (2) weeks in advance of a transfer or reassignment and at least three (3) weeks in advance of any change of shift that results in a chancre in the hours worked. This section will be waived in cases of emergency. ARTICLE 13 PERSONNEL RECORDS / JACKETS Section 1. The City of Palm Beach Gardens agrees that all official personnel records /jackets shall be kept in the City's Human Resources Department Central Personnel Jacket and shall be kept confidential to the extent provided by law. Supervisors may keep working files. Section 2. The name and photograph of a bargaining unit employee may be furnished to the news media in order to announce promotions or acts of exemplary service. Section 3. The City agrees that, upon request and appointment a bargaining unit employee shall have the right to inspect their official personnel record(s) and jacket. The City shall folio« state statute 119. A. Inspections may, occur during working hours, including half -hour lunch, at a time and in a manner mutually acceptable to the employee and the Human Resources Department. An employee who has a written grievance on file who is inspecting their personnel jacket with respect to such grievance may have a representative present during such inspection. B. Copies of personnel records in an employee's personnel jacket shall be provided the employee upon request if such materials are to be used in conjunction with the processing of a grievance filed by the employee. The employee shall bear the cost of duplication. Section 4. All such insertions, when approved by the Human Resources Director, will remain a permanent part of the member's official personnel records, except as stated herein., A. Employees will be notified when a formal, written warning is placed in their personnel jacket. B. An employee who has been provided with a written adverse statement may request a meeting with the Department Director or designee for a review of statements contained in the written reprimand. C. The employee has a right to include a rebuttal to the written reprimand in the employee's personnel jacket if the City places the written reprimand in the personnel jacket. Section 1 Section 2. ARTICLE 14 SENIORITY Seniority shall consist of continuous accumulated paid service with the City of Palm Beach Gardens. Seniority shall accumulate during absence because of illness, injury, vacation, military leave or other authorized leave. Seniority shall be utilized for the following purposes: A. Vacations for each calendar year shall be drawn by employees on a basis of seniority preference; provided however, that the Department shall retain the right to disregard seniority preference in the event that it becomes necessary to do so in order to provide: adequate coverage in certain specialized areas during any given vacation period. Nothing contained herein shall be interpreted as restricting the Department's right to cancel all vacations during any given period in the event of disaster or emergency. B. In the event of a vacancy within the Department, seniority will be considered along with skills, abilities, and the requirements of the job. C. In the event of personnel reduction, employees shall be laid off.in the inverse order of their seniority, in their classification. If more than one classification is affected, an employee laid off from a higher classification shall be given an opportunity to revert to the nett lower classification, provided that he is fully qualified to perform the work in that lower classification. Upon reverting to a lower classification, an employee's seniority shall be determined by the date of his permanent appointment to that classification. All temporary, provisional, limited term and probationary employees shall be laid off before any permanent employee is laid off or reduced in classification. D. Employees shall be recalled from layoff in accordance with their seniority in the classification from which they were laid off. No new employee shall be hired in any'c lass ification until all employees on layoff status in that classification have had an opportunity to return to work; provided, however, that in the discretion of the Department Director or designee and City Manager or designee, such employees are physically and mentally capable of performing the work available at the time of recall. No laid off employee shall retain recall rights beyond twelve (12) months from the date of layoff. E. Employees eligible for recall will be sent a certified letter to their last known address giving them thirty (30) days to reply as to whether they wish to be considered for their prior position. The City shall have no further obligation unless it receives a written response within thirty (30) days of receipt or attempted delivery of the letter. 17 e:seiu. con cact.00 -03bk ARTICLE 15 EMPLOYMENT AND PROMOTIONAL POLICY Section I. When a regular budgeted job, covered by this Agreement, is to be filled, a notice from the Human Resources Department shall be placed on bulletin boards in all departments. Any employee covered by this Agreement wishing to apply for the job shall submit a separate application stating their qualifications within seven (7) calendar days of the date of posting to the Human Resources Department. Applications will only be accepted from employees holding a job .with a maximum rate of pay lower than the job to be filled, unless applying for a lower or lateral job is in the best interest of the employee and the City of Palm Beach Gardens. All applicants will be notified on the results of their candidacy. Current full -time employees who have acquired the necessary knowledge, skill and ability as established in the job description will be given full consideration, including seniority, before going outside to hire. 18 e:seiu.con tract. 00 -03bk ARTICLE 16 BEREAVEMENT LEAVE Section 1: In the event of the death of the mother, mother -in -law, father, father -in -law, step- mother, step- father, grandmother, grandmother -in -law, grandfather, grandfather -in -law, legal guardian or ward, grandchild, brother, brother -n -law, sister, sister -in -law, husband, wife, son, son -in -law, daughter, or daughter -in -law, child — natural, step or adopted of the employee or employee's spouse, such employee shall be entitled to funeral leave for the purpose of arranging and attending, said relative's funeral for a period of three (3) working days for any one death. In the event the death requires an out -of -area trip exceeding 250 miles one way, the Department Director or designee shall authorize an additional two (2) working days. Section 2: An employee on funeral leave provided in the Article shall be paid for such hours which the employee would normally be scheduled to work. Section 3: The City reserves the right to require documentation supporting compliance with the provisions of this Article after the employees returns to work. Section 4: The provisions of this Section shall not apply to employees who fail to contact the employer prior to taking such leave. Section 5: Employees may be granted additional time off utilizing their accrued vacation hours, as long as it does not adversely impact the operation of the department. 19 e: se! u. contract.00.03bk ARTICLE 17 LEGAL BENEFITS Section 1. The City of Palm Beach Gardens will provide legal defense fora bargaining unit member against civil damage suits wherein said member is named party and wherein the alleged damages were allegedly caused by the negligence of said member while acting within the scope of his employment except for arbitrary and capricious acts. y Section 2. The City will indemnify all bargaining unit members against any judgements levied against them as a result of their actions when said actions are within the scope of their employment except for arbitrary, and capricious acts. 20 c:seiu.comract.00 -03bk ARTICLE 18 INSURANCE Section 1. The City of Palm Beach Gardens shall continue providing individual employee health insurance coverage at no cost to the employees through September 30, 2001. Section 2. It will be the responsibility of the employee to notify the City within three (3) working days in the event that the dependent coverage is no longer required due to a change in marital status. Should the employee not notify the City of said change, the employee shall reimburse the City for the amount paid for his dependent insurance coverage premium. Section 3. The HMO contribution shall be set at S90 per month and the PPO contribution shall be set at $140 per month through September 30, 2001. Section 4. In the event that the City determines that there is to be a substantial benefit reduction, either party may request a reopening of this Article. Section S: The City and the SElU agree to open this article in years two (2') and three (3) of this agreement. 21 e:seiu.contract.00.03bk ARTICLE 19 _TRAVEL ALLO`VANCF Section 1. Whenever travel is authorized the bargaining unit member shall abide by the City of Palm Beach Gardens current travel policy. 22 e:sciu.contract.00.03bk ARTICLE 20 PROHIBITION OF STRIKES Section 1: No employee, SEIU officer, or agent shall instigate, promote, sponsor or engage in any strike slow down, concerted stoppage of work, or any other intentional interruption of the operations of the employer, regardless of the reason for doing so. Any and all employees who violate any of the provision of this Article may be discharged or otherwise disciplined by the employer. Section 2: In the event of a strike, slowdown, concerted stoppage of work; or other intentional interruption of the operations of the employer, regardless of the reason for doing so the SEIU shall direct an immediate action to the fullest extent of its power and influence to bring about a cessation of such activities. If the Union fulfills in good faith all of the obligations under this section, the City agrees that the Union will not be liable for any damages resulting thereafter. Section 3: The employee and the SEIU individually and collectively, shall be liable for any damages which provisions of this Article. 23 e:seiu.contract.00.03bk ARTICLE 21 PROBATIONARY PERIOD Section 1. All new bargaining unit members shall serve a probationary period of six (6) months during which time they shall not be entitled to any seniority or tenure ricr but during such period such new members shall be subject to all other terms and conditions of the Agreement and applicable entrance requirements. The City, of Palm Beach Gardens may extend the probationary period up to an additional six (6) months. Upon completion of said six (6) months worked probationary period, members shall be known as full -time members and seniority rights and tenure shall accrue from commencement of the probationary period and shall be considered a part of such member's seniority rights. Disciplinary action and discharge shall be at the discretion of the employer without recourse to the grievance procedure during the term of probationary period. Section 2. Employees will receive a copy, of the personnel action form removing the employee from probation. 24 e: seiu.contract.00 -03bk ARTICLE 22 _WORKING OUT OF CLASSIFICATION Section 1. A bargaining unit member assigned to work in a higher classification shall be paid 5% above their base salary. Section 2. An employee who temporarily performs work in a lower classification shall not receive a reduction in pay and shall not have the right to refuse to perform the work assigned. 25 e:seiu.contract.00 -03bk ARTICLE, 23 HOLIDAYS Section 1. The official holidays to be observed by bargaining unit members shall be: New Years Day Martin Luther Kind s Birthday Washington's Birthday Good Friday National Memorial Day Independence Day. Labor Day Veterans Day Thanks -ivinc, Day Day after Thanksgiving Christmas Day Personal Day - Bargaining Unit members shall receive a personal day which shall be requested in advance and taken any time during the calendar year (January 1 - December 31). The personal day is not considered an official holiday for overtime purposes. Section 2. An official holiday that falls on a Saturday, shall be observed on the preceding Friday, and an official holiday that falls on a Sunday shall be observed on the following Monday by qualified employees whose regularly scheduled work week consisting of forty (40) hours does not include Saturday or Sunday as a day of work. Section 3. An official holiday that falls on Saturday or Sunday shall be observed on that Saturday or Sunday by qualified employees whose regularly scheduled workweek includes Saturday and /or Sunday as a day of work. Provided, however, a qualified employee whose services are required may be required to work as provided in Subsection 4., hereof. Section 4. If an employee has credited time of forty (40) hours for the work week, excluding sick leave or unexcused absences, the rate of pay for the employees whose services are required on an official holiday shall be: a day's pay for the holiday, plus 1 -1/2 times the employee's straight time rate of pay. However, if the employee does not have credited time of forty (40) hours for the work week, any employee who shall be required to perform work on a holiday shall be given another day off in lieu of the holiday, or compensated at straight time. Section 5. Those who qualify to receive compensation for an official holiday, without working on such holiday, and without charges against any accumulated leave, are those persons appointed under the provisions C of this Agreement. Section 6. Employees who qualify to receive compensation for an official holiday without working on such holiday, shall be paid their regular straight time rate of pay for the'day on which the holiday falls. Section 7. Any holiday is to be considered as an eight (S) hours work day in the calculation of overtime or if an employee is scheduled to work a ten (10) hour day, the holiday is to be calculated on ten ( 10) hours. 26 e: seiu.contract.00 -03b:: ARTICLE 23 — HOLIDAYS (Continued) Section 8. The employee must have worked on the last scheduled workday prior to, and the next scheduled workday after, such holiday to receive pay for the holiday. This section may be waived by the Department Director, or designee if demonstrated an emergency existed. Employees may utilize approved vacation or comp. hours, or their personal leave day in conjunction with holiday hours to extend their time off. In this connection, employees shall be paid for the holiday. Section 9. The following listed categories of employees specifically do not qualify to receive compensation, compensation at a premium rate, or compensatory time off for the day, on which the holiday falls: a. Part-time employees without regularly scheduled hours and /or days of work. b. Employees on a non -paid leave of absence. c. Employees on Worker's Compensation, or other disability compensation. Section 10. Nothing set forth herein shall be construed as relieving the Department Heads of their responsibilities for the performance of required functions. In departments where ,service may not be interrupted, Department Directors, or designee shall determine which persons' may be spared to observe holidays by using City seniority on a rotating basis. 27 e:seiu.ccn[ract.00 -03bk ARTICLE 24 OFF DUTY EMPLOYMENT _Section 1. Off -duty bargaining unit members shall not be engaged in any outside or non -City employment except on the written authority of the Department Director or designee and the City Manager or designee. No reasonable request will be denied. (See Notice of Outside Employment form) L 28 e:seiu.contrzci.00 -03bk ARTICLE 25 WORKWEEK AND OVERTIME Section 1. It is hereby agreed that no bargaining unit member shall be required to remain on duty for more than forty (40) hours in any work week unless extra hours of duty are deemed necessary by the Department Director or designee and additional compensation shall be paid thereafter. Said additional compensation shall be at the rate of one and one -half (1 -1/2) times his regular hourly salary. Section 2, Overtime pay when so granted will normally be contained in the'bargaining unit member's next regular paycheck following the time worked. Whenever possible, compensatory time will be useable at the discretion of the Department Director or designee, should the employee choose to accrue compensatory time instead of receiving overtime pay. Section 3. The City will establish the hours of work that are best suited to meet the needs of the department to provide superior service to the Community. Section 4. The workweek shall consist of any five (5) eight (8) hour days out of seven (7) days. Section 5. Bargaining unit members shall be given adequate notice of any change in their regular hours of work, except where an emergency exists. Bargaining unit members required to N ork beyond their normal duty hours during a riot, hurricane or other emergency condition may choose to be paid in either compensatory time, or pay at the rate of one and one -half (1 -1 /2) times his normal hourly rate with the approval of the Department Director or his designee. Section 6. There is no maximum number of hours for the accrual of comp -time, however, whenever possible, compensatory time shall be utilized within sixty (60) days of the time earned. Section 7. When it is necessary for the City to require members to return to work, not on their assigned shift, the City agrees to compensate the employee for a minimum of two (2) hours pay at the established rate of one and one-half (1 -1/2) times his normal hourly rate. Section 8. Time clocks shall be utilized by all bargaining unit members as required by the City. Section 9. A bargaining unit member who is tardy, shall be docked pay in accordance with the Fair Labor and Standards Act (FLSA) and may be subject to disciplinary action. Section 10. The Department Director or designee shall offer overtime to qualified employees on an equal basis within job classification on a rotating basis, by use of seniority. Section 11. The employer may offer compensatory time on a voluntary basis. Section 12. The City recognizes that unusual circumstances may require that a bargaining unit member may find it necessary to request a change of his scheduled shift. Without obligating the City to pay overtime, bargaining unit members may work for or change shifts with another bargaining unit member performing similar duties. Such determination of duty compatibility and approval shall rest with the Department Head or his designated representative. At least three (3) days oral notice will be required. No reasonable request will be denied. 29 e:seiu.contract.00 -03bi< ARTICLE 25 - WORK WEEK AND OVERTIME (Continued) Section 13. Compensation for overtime work in excess of forty (40) hours per week, excluding sick leave, shall be at the rate of one and one half (1 -1/2) the employee's regular rate of pay. Section 14. No employee shall have his/her scheduled work hours changed permanently more than one time in rivelve (12) months. The City maintains the right to make temporary schedule changes as needed. t.. 30 e:seiu. con tract.00 -03bk ARTICLE 26 GRIEVANCE AND ARBITRATION PROCEDURE Section 1: A grievance, as used in this agreement, is limited to a complaint or request of a bargaining unit member which involves the interpretation and application of, or compliance with, the provisions of this agreement. Section 2: Grievances concerning working conditions not specifically covered by the terms and provisions of this agreement shall be subject to the grievance procedure tip to, but not including, arbitration. Section 3: In the event a grievance should arise as to the interpretation or the application of the terms of the agreement or departmental regulations, the said dispute or grievance shall be dealt with in the following manner. Any grievance not answered by the City within the time limits provided below will automatically advance to the next higher step of the grievance procedure. STEP 1: V. The aggrieved employee or an association representative shall present the grievance or dispute in writing, setting forth the facts with particulars and the remedy sought, within ten (10) working days of its occurrence or knowledge thereof, to the Department Director or designee. The Department Director or designee shall reply in writing within ten (10) working days of receipt of the grievance or dispute. If the Department Director or designee shall fail to respond in writing, the grievance is presumed to be denied and the employee may move to the next step. "MI&A If no written reply has been made or if a written response has been made, and the aggrieved employee is dissatisfied, the aggrieved employee or the SEIU representative may, within ten (10) working days of receipt of a reply or if none is submitted present the grievance or dispute to the Director of Human Resources. The Director of Human Resources shall reply in writing within ten (10) working days of receipt of the grievance. If the Director of Human Resources shall fail to reply in writing, the grievance is presumed to be denied and the employee may move to the next step. STEP 3: If the Director of Human Resources replies and the aggrieved party or the SEIU is dissatisfied, then the grievance may be submitted to the City Manager within ten (10) working days of receipt of the Director Human Resources reply. The City Manager shall reply within ten (10) working days of receipt of the grievance or dispute. If the City Manager shall fail to reply in writing, the grievance is presumed to be denied and the employee may move to the next step. . 31 e: seiu. con tract. 00 -03bk ARTICLE 26 — GRIEVANCE AND ARBITRATION PROCEDURE (Continued) STEP 4: If the grievance has not been settled by Steps 1 -3, either party, the SEIU or the City may refer it to arbitration within fifteen (15) days of receipt of the City Manager's reply. The SEIU or the City will submit the matter to the Federal Mediation 7 Conciliation Services (FMCS) for selection in accordance "vvith their procedures except where otherwise provided in this agreement. The arbitrator's decision shall be supported by substantial evidence on the record as a whole. The decision shall be in writing with a full statement of findings and reasons. The decision of the arbitrator shall be final and binding on the parties; provided that the arbitrator shall have no power to modify, amend, or alter this agreement. The expense of the arbitrator shall be borne by the parties. Section 4: By agreement of both parties, a meeting will be held at any step of the grievance procedure. Section 5: The SEIU and the City shall each bear its own expense in the arbitration proceedings, except that both parties shall share equally the fee and other expenses of the arbitrator. Section 6: A probationary employee may not grieve any matter concerning assignment, or discharge._ Section 7: Settlement'of grievances prior to the issuance of an arbitration shall not constitute a precedent nor shall it constitute an admission that the agreement has been violated. 32 e:sziu.cor,,,act.00 -03b:: Section 1 Section 2. ARTICLE 27 SAVINGS CLAUSE If any article or section of this agreement should be found invalid, unla%vful, or not enforceable, by reason of any existing or subsequently enacted legislation or by judicial authority, all other articles and sections of this Agreement shall remain in full force and effect for the duration of this Agreement. In the event of invalidation of any article or section, both the City of Palm Beach Gardens and the Union agree to meet within thirty (30) days of such determination for the purpose of arriving at a mutually satisfactory replacement for such article or section. 33 c:sc iu.ccrtract.00 -03b ARTICLE 28 SALARY PLAN Section 1: Effective upon ratification of the collective bargaining agreement, employees shall receive salary increases in accordance with the minimum salary range recommended by the DMG Compensation Study. Additionally, employees shall receive t%vo hundred and fifty dollars (5250.00) for each year of service with the City of Palm Beach Gardens. The increases shall be retroactive to June 21, 2000. Employees who have reached the maximum salary range for their position shall receive this adjustment in the form of a cash bonus. Employees shall be eligible for a merit increase of 0 — 6% upon receipt of their annual performance appraisal, as outlined below; SCORE RANGE OVERALL RANKING RTFRTT TN(`RF Aqr 0— 17 Unsatisfactory —Needs Improvement 0% 27-29 Satisfactory 3.5% 30-32 Above Satisfactory, 4.0% 33 — 35 Above Satisfactory 4.5% 36-38 Excellent 5.0% 39-41 Outstanding 6.0% Section 2: Employees may request a review of their performance appraisal utilizing the wage review panel which will consist of one member selected by the employee, one member selected by r the city, and a third member selected by the two. The panel shall make a recommendation to the Department Director or designee in writing, however the recommendation shall not be binding. 34 e:seiu.contract.00 -03b' ARTICLE 29 VACATION LEAVE Section 1. Vacation leave is a benefit, the sole purpose of which is to grant the employee time off with pay. Section 2. Eligible members of the Bargaining Unit shall be granted vacation leave in compliance with and subject to the following provisions and conditions: 0 - 4 years continuous service 5 = 8 years continuous service 9 - 12 years continuous service 13 - 16 years continuous service 17 - 20 years continuous service Over 20 years continuous service 8 hours per month 10 hours per month 12 hours per month 14 hours per month 16 hours per month 20 hours per month Vacation time will be credited to the employee's account, effective the first day of each month for the preceding month. New -hire probationary employees shall not receive vacation leave; having satisfactorily completed the probationary period, employees shall be credited with retroactive vacation time for that period. A probationary employee who does not satisfactorily complete probation is not eligible to receive payment for accrued leave. Section 3. The scheduled time of vacation leave cannot be changed without the approval of the Department Head and the City Manager. Section 4. Vacation leave time may be accrued to a maximum of 240 hours. Section 5. Earned vacation leave shall be requested by employees on a first come, first served basis. Should two or more employees submit a vacation request on the same date, the employees with greater City seniority shall be approved by the Supervisor and Department Director or designee. Section 6. A Bargaining Unit member on disability leave or leave without pay for more than fifteen (15) calendar days shall not be credited with Vacation leave for that period. Section 7. If the day on Nr•N6 an official holiday is observed, as designed in Article 24 - Holidays, of this contract, shall fall within the period of vacation leave being taken by an employee, it shall not be charged to their vacation leave. Section 8. A Bargaining Unit member who resigns from the Department shall be paid for any vacation time earned, but not taken, to a maximum of 240 hours. Section 9. A Bargaining Unit Member while suspended for disciplinary reasons shall not accumulate service time for vacation leave or other purposes. Section 10. A Bargaining Unit Member, while suspended pending investisation(s) and!or Hearing(s) shall not accumulate service time for vacation leave or other purposes pending disposition of the matter(s) in which the suspension was based. Section 11. Pay in lieu of vacation leave granted shalt not be authorized, except under emergency conditions as to the health, safety, or welfare of the City or the Employee. Such authorization shall be at the discretion of the City Manager. 35 e:seiu.concrac[.00 -03b'' ARTICLE 29 — VACATION LEAVE (Continued) n Section 12. Members shall receive vacation leave upon satisfactory completion of probation period, retroactive to anniversary date of employment. Section 13 Vacation leave shall be reported on the current payroll, and in addition, on the form provided for Administration review and approval. 36 t:sciu.co ricrac t.00.03bk ARTICLE 30 SICK LEAVE Section 1. The City of Palm Beach Gardens has the right to expect regular and dependable attendance from its employees. Sick leave is provided by the City as a form of economic security, and is not to be considered a right which an employee may use for purposes other than bonafide personal illness, injury, doctor's appointments, serious sickness or injury of an immediate family member living in the employee's household. Employees claiming sick leave except for the reason stated above, or claiming sick leave to the extent that the amount of absence becomes an abuse of the sick.leave benefit shall be subject to disciplinary action. Section 2. During the first six (6) months of employment, an employee accumulates sick leave at the rate of three and one -half (3 -1/2) hours per month, but can not take sick leave until after six (6) months. After 6 months, an employee shall accumulate sick leave at the rate of eight (8) hours per month (eight (8) hours for 40 -hour employees). Sick leave is credited the first day of each month following the month in which it is earned. An employee on unpaid leave or not on the payroll for more than fifteen (15) calendar days in any calendar month shall not be credited wvith sick leave for that month. Section 3. A maximum of eight- hundred (800) hours sick leave time may be accumulated and maintained. After the 800 -hour maximum has been reached, sick leave will not again accumulate until the employee has been charged with sick leave. Section 4. Separation from employment of the City shall cancel all accumulated sick leave, except by retirement or resignation in good standing after completion of five (5) years of continuous service. Section 5. Abuse of sick leave shall result in: First offense: Written Warning; Second Offense: Suspension of up to ten (10) regular work week days without pay; Third Offense: Dismissal. If the employee has not been disciplined for abuse of sick leave for three (3) year period, any further abuse of such leave shall be treated as the first offense. Section 6. An employee absent on sick leave shall inform an on -duty supervisor prior to his/her regularly scheduled reporting time of his /her absence, the specific reason therefore, and where (phone number and address) he /she will be while on sick leave. This address and phone number will be updated whenever the address or phone number changes during the period of sick leave. Failure to do so may be the cause for denial of sick leave with pay, for the period of absence and cause for disciplinary action. Section 7. The City encourages employees to schedule doctor's on the employee's day off or at the end of the day. The City may require the employee to submit documentation supporting a doctor's appointment during work hours. Abuse of this privilege will result in disciplinary action. Section 8. The bargaining unit agrees with the City approved Family and Medical Leave Act. ARTICLE 31 TERMS OF AGREEMENT AND REOPENING Section 1. This a;reement shall be effective October 1, 2000, subject to ratification by the Union and approval and appropriation of necessary funds by the City Council of Palm Beach Gardens, and shall continue to September 30, 2003. Section 2. Both parties agree that during the terms of this agreement articles 18 and 28, (insurance and salaries) respectively, shall be subject to reopening during years two (2) and three (3). 38 e:seiu.contracc.00 -03 bk ARTICLE 32 MAINTENANCE OF CONDITIONS Section 1. All matters pertaining to terms of employment and working conditions guaranteed by law and written policy to employees within the bargaining unit shall apply to the extent that they are not in conflict with the provisions of this Agreement. Section 2. Any written rule, regulation, policy or procedure affecting employees of the bargaining unit in effect prior to as well as those issued after the effective date of this Agreement shall remain and be in full force and effect unless changed, modified or deleted by the employer or unless in conflict with any article or section of this Agreement. 39 e:s6u.contract.00 -03bK ARTICLE 33 NO PAY FOR TIME LOSS CAUSED BY GRIEVANCE Section 1. If a grievance appeal is upheld and it is deemed proper that back pay be a«varded for all or part of work time lost by the aggrieved member, then any period of delay in processing the appeal shall not be included in the period for which back pay is computed if the delay is caused by the action of the aggrieved member or his Bargaining Unit. 40 e:seiu. con tract.00 -03bk ARTICLE 34 LONGEVITY BENEFITS Section 1. All Bargaining Unit members hired before October 1, 1992, who shall have completed their required years of continued service, indicated below, shall be entitled to a percentage increase in salary as follows: Years of Continuous Service Rate Increase in Salary 4 - 6 Years 2% of Base Pay 7 - 10 Years 4% of Base Pay 11 - 14 Years 6% of Base Pay 15 - 19 Years 8% of Base Pay 20 Years and Over 10% of Base Pay Section 2. Said percentage increases shall not apply to overtime pay. Section 3. Continuous service as indicated in Section 1, above, shall be defined as employment in the public or city service without break or interruption. Layoffs not exceeding one year, absence or authorized military leave, educational leave, vacation or annual leave, sick leave, or other leave or lawful extension thereof, or reinstatement in accordance with this Agreement, shall not affect continuity of service. Section 4. Longevity allowances for employees hired after September 30, 1992, shall be as follows: 1. After completion of fourth (4th) year of service $300. 2. After completion-of seventh (7th) year of service 5600. 3. After completion of eleventh (1 lth) year of service 5900. 4. After completion of fifteenth (15th) year of service $1,200. 5. After completion of twentieth (20th) year of service S1,500. Section 5. Said dollar figures will not be disbursed in incremental amounts annually. Disbursements will occur upon completion of the given year, as indicated. Section 6. Longevity shall not be calculated with the employee's base salary, but will be maintained as separate benefit payable only on achievement of the specified anniversary date. Longevity payment shall be made at the end of the payroll period during which the anniversary date falls. 41 e:seiu.contract.00 -03bk ARTICLE 35 HIGHER EDUCATION — TUITION REIMBURSEMENT PROGRAM (See Attached Citv Policv) 42 e: seiu.contract.00 -03b"' ARTICLE 35- HIGHER EDUCATION - TUITION REIMBURSEMENT PROGRAM (Continued) CITY OF PALM BEACH GARDENS PERSONNEL PROGRAM STANDARD OPERATING PROCEDURE Subject: Education Reimbursement Proqram New: Revised: ✓ Authorized by City Manager: INTENT: Department: Human Resources Effective Date: Authorized by Director of Human Resources: To establish the City's procedure for providing education reimbursement to employees. DEFINITIONS: Accredited Institution means any college or university the primary function of which is the presentation of formal instruction and which normally maintains a regular faculty and curriculum and normally has a regularly enrolled body of students in attendance at the place where its educational activities are regularly carried on and is accredited by one of the following: 1. Middle States Association of Colleges and Schools 2. New England Association of Colleges and Schools 3. North Central Association of Colleges and Schools 4. Northwest Association of Colleges and Schools 5. Southern Association of Colleges and Schools 6. Western Association of Colleges and Schools Covered Costs means the tuition paid or incurred by an employee taking an educational course including books, CLET, SAT, GMAT, GRE, and LSAT costs, as well as any preparatory courses required for these tests. Covered costs do not include meals, lodging, or transportation incurred by an employee. Course means any approved class taken by an employee, meeting the requirements of this procedure. Emoloyee means any employee of the City who is employed on a full -time basis. Vocational Traininq Institute means any educational institution, which provides advanced education at or above the high school level and below the four (4) year educational institution level. SCOPE: This policy applies to all regular full time employees who have been employed by the City for at least 12 months and have completed their designated probationary period and who wish to voluntarily pursue educational advancement or training. 43 cs:iu.contract.00 -03bk CATEGORIES ELIGIBLE FOR THE EDUCATIONAL REIMBURSEMENT PROGRAM College Degrees - This category includes all levels of college work in pursuit of a degree. 1 ) Associate and Bachelor's Degree- A degree which is listed as required or preferred in his/her job description or which will specifically improve the skills required by his/her present job or other position in the City. Any employee who has not yet received an Associate's Degree shall partiCip2te in course work at the community college level, unless the employee can demonstrate a financial savings to the city through automatic life experience credits offered by some private institutions. 2) Graduate Degree/Post Graduate Degree - Assistance shall be awarded if the degree is listed as a required or preferred degree for the employee's current position or for the next in line promotion within the same department, or if the degree improves the employee's skills required by his/her present job or other position in the city. CLET, SAT, GMAT, GRE, and LSAT — Costs associated with these tests, as vieU as any preparatory courses required for the taking of these tests will be reimbursed. Individual College Courses - This category includes individual courses taken at the College level but not in pursuit of a degree. Vocational Certifications - This category includes individual courses taken in the pursuit of a certification listed as required or preferred skills in the job description. Vocational Certificates - Individual Courses - This category includes individual courses taken in a vocational school or other institution not in pursuit of a degree or certification. Individual courses taken must relate to skills listed in the job description. PROCEDURE: I An employee wishing to receive reimbursement for classes must submit a request on a completed "Tuition Reimbursement Program" form (see attached) from the Human Resources Department. 2. Attach a school approved degree plan or course of study with the form. For certification programs or individual courses degree plans are not required, however the employee is required to submit a short memorandum explaining how the course would benefit the Department and the City. 3. The request must be apprcved by the Department Head and forwarded to Human Resources Department. A disapproved request will contain an explanation indicating why the request was not approved. The "Tuition Reimbursement Program" form along with an endorsement letter prepared by the Department head will be forwarded to the Human Resources Department. The Human Resources Director will send his/her recommendation along with the request to the City manager for final approval. 4. This form along with the degree plan or memo, must be approved by the Department Head, the Human Resources Director and the City Manager by December 1 " prior to the year courses will be taken to insure that the necessary funds will be allocated in the budget. Once the initial degree plan has been approved, proposed class selections for each coming year can be submitted annually by January 31". 5. Within 60 days 2fter the course completion date, the employee will obtain and submit to the Human Resources Department a completed "College Tuition Disbursement Request" form (see aftached) and attach an official grade report, Any requests for reimbursement received more than 60 days after date of completion of the class vvill not be accepted. 44 c: stiuxon tract.00-03 bk- 6. The City understands that there may be instances where an employee may need to attend, or it may be financially beneficial to the City to allow attendance at a private university. In such cases, the employee must demonstrate this need in writing and include an estimated cost of the program to be taken. The employee must receive written approval from the Department head, Director of Human Resources and the City Manager or designee prior to enrolling in the program. In such instances, an employee will be reimbursed only to the amount as set forth by the State Board of Regents for State tuition fees, unless the employee can demonstrate a financial savings to the city through automatic life experience credits offered by some private institutions. LIMITATIONS: Reimbursements shall be limited to three (3) courses per semester (or established grading period per institution) per employee and shall be contingent upon: a) Prior written approval as outlined in the Procedure process; and b) The employee receiving a grade of "C" or above in the course. In circumstances where pass /fail is the only grading system used, a pass grade must be earned to be eligible for reimbursement; and c) The availability of budgeted funds and the number of requests at any given time. If and when allocated funding is nearing consumption the Department Head shall communicate the status of funding to all employees; and 2. If an employee fails to attain a grade of "C" (or it's equivalent) withdraws or receives an incomplete in any educational course for which he or she was approved for reimbursement under this program, such participant will be responsible to pay to the institution all costs for the course, or will repay the City within 90 days of receiving the course grade, 3. All courses must be taken on the employee's own time. When there is a conflict between class and job responsibilities, job responsibilities must come first. Supervisors along with the Department Head approval will make a reasonable. effort to accommodate the employee's class schedule when staffing allows. 4. Any employee receiving a fellowship, grant or scholarship or any other financial assistance from.any public or private sourcled to reimbursement benefit under this program to the extent the covered costs of the educational courses he or she has taken exceed the amount of such financial assistance, up to the state rate of tuition. 1, �-+ In n ,��I�inF4 riLr fnrmin��n� n In.rmnnt, r�ttiin -t (•11 e4r of ryvy�. ran.. c ��.:,:irv'n n=-rnd fh.-_ - mm� vn m nn� .. ry .. .., . -mnin­.n sh211 rnimhr iron thy City fnr +h-, mcelvydl in. to m, ct rcccn' r21,,: -1 hrr rindFiniiCn frCm Cny {nil e tC .akiCh #hn fn nn rrrn i�l'•1 nFL Cnrii�n {•.n -. �iNvrl r h L. tL�n .+^n- ^.�4.c, m4v L. n °v °.°.°.' ^` t^. ro-c . c" the sum. 6. This program shall not be deemed to constitute a contract between the City and any employee or to be a consideration or an inducement for the employment of any employee. Nothing contained in this plan shall be deemed to give the employee the right to be retained in the service of the employer or to interfere with the right of the employer to discharge any employee at any time regardless of the effect which such discharge shall have upon him or her as a participant of this plan. PROGRAM ADMINISTRATOR: The Human Resources Director is hereby designated as the Program Administrator., The Program Administrator shall keep accurate records of all benefits paid to participants under the program, in conjunction with the Finance Department. 45 c:s:iu.con tract. 00.03bk ARTICLE 36 DISCIPLINE AND DISCHARGE Section 1: The parties recognize that the interest of the community and job security of the bargaining unit member depends upon the City's success in providing proper and efficient service to the community. To this end, the City of Palm Beach Gardens and the SEIU encourage to the fullest degree behavior that is positive and supportive of the goals of effective municipal management and public safety. The parties recognize the need for progressive and appropriate discipline when an employee's conduct and job performance are inconsistent with said goal. Section 2: No bargaining unit employee who has completed the initial probationary period shall be disciplined except for cause. Progressive, consistent and appropriate discipline will be administered according to the seriousness of the offense. The loss of pay in reassignment shall be considered as part of the determination of the disciplinary, action. Disciplinary action may include: A. Written counseling form B. Suspension without pay C. Demotion D. Dismissal E. Training — Remedial training costs shall be paid by the Ciry Section 3: Written Counseling form. Shall be placed in the employee's personnel file and shall not be considered in any subsequent discipline unless there is another reasonable related act by the employee within a t twenty-four (24) month period. 46 c.s:iu. contract. 00 -03bk ARTICLE 37 UNIFORiMS AND EQUIPMENT Section 1. The City of Palm Beach Gardens shall furnish to all bargaining unit members who are required to wear such uniforms in the performance of their duties and agrees to replace unserviceable uniforms as required. Section 2. Any uniform or related equipment initially supplied by the City, which is damaged or destroyed while a bargaining unit employee acting in the performance of his official duties, shall be replaced by the City at no cost to the bargaining unit employee, provided the same is not the result of his negligence. Such claim of loss must be supported with reasonable proof and shall be subject to the approval of the Department Director or his designated representative. Section 3. The City agrees to provide a uniform and clothing allowance for bargaining unit members as follows: A. Replacement of uniforms and equipment lost or damaged through the employee's gross negligence will be replaced by the employee. B. The City will provide full -time employees one pair of safety boots /shoes per year, not to exceed S 100 in cost. These boots /shoes must be purchased from a supplier selected by the City. Employees who select boots /shoes which cost over S100, shall pay the difference. Employees selecting boots /shoes under S 100 will receive no additional payment. Section 4. Nearing of Uniforms and Clothing - All employees who are provided with uniforms or work clothing, as set forth above, are required to «•ear these uniforms and work clothing and report to work with them being clean and neat in appearance, unless this requirement is expressly waived by the City. Section 5. Return of Uniforms and Clothing - All items as provided above, including protective clothing and protective devices, remain the property of the City and are only to be used in accordance with the Departmental work rules. Upon separation, all items, other than those worn out thorough normal use, must be returned (or paid for) by the employee before their final paycheck will be issued. A probationary employee, upon separation of employment, shall have the cost of boots /shoes deducted from the employee's paycheck as per the following table: If boots purchased within: % of cost to be repaid, 3 months of date_of separation 100% 6 months of date of separation 50% 47 e:s:i;: contract.00.03bk ARTICLE 38 ALCOHOL AND SUBSTANCE ABUSE POLICY The Union agrees to follow the City of Palm Beach Gardens Drug-Free Work Place policy ADM-004-94. 48 c � se iu. c o ntrac t. 00 -0 3ok ARTICLE 39 CONTRACT CONSTITUTES ENTIRE AGREEMENT OF THE PARTIES The parties acknowledge and agree that, during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter included by law within the area of collective bargaining and that all the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. Therefore, the City of Palm Beach Gardens and the Union, for the life of this Agreement, each voluntarily and unqualifiedly waives the right to require further collective bargaining, and each agrees that the other shall not be obligated to bargain collectively with respect to any matter or subject riot specifically referred to or covered by this Agreement, whether or not such matters have been discussed, even though such subjects or matter may not have been within the knowledse or contemplation of either or both parties a the time they negotiated or signed this Agreement. This Agreement contains the entire contract, understanding, undertaking and agreement of collective bargaining for and during its term, except as may be otherwise specifically provided herein. 49 e seiu.conrract.00 -03bk IN WITNESS WHEREOF, the parties have caused the Agreement to be signed by their duly authorized representatives on the 11'.tday of c���°r- , 2000. FOR THE CITY OF PALM BEACH GARDENS J T z, City Manager Carol Gold, City Clerk a, / ' nis O'R rke Interim Dire or of Human Resources FOR THE SERVICE EMPLOYEES INTERNATIONAL: UNION r Sharon Munley, SEIU Representati Rob Brockelbank, SEIU Representative Ralph Akins, SEIU Representative "'Silas Moses, SEIU Representative 50 e:s:iu.cr CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 11/05/01 Meeting Date: 11/15/01 Subject/Agenda Item: Benefits for Employees on Active Duty Recommendation /Motion: Motion to Approve Resolution 172, 2001 Reviewed by: Originating Dept.: Costs: $ Council Action: -- (Total) City Attorn uk df- [ ] Approved ,„ $ [ ] Approved w/ Current FY conditions Finance Director [ ] Denied Advertised: Funding Source: [ ] Continued to: Other Date' [ ]Operating Attachments: Submitted by: Department Director Approved b City Manager BACKGROUND: Paper: [ X ] Not Required Affected parties tM Notified [ X ] Not required [ ] Other Budget Acct. #: Memorandum [ ] None RESOLUTION 172, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, TO CONTINUE TO PROVIDE BENEFITS TO CITY OF PALM BEACH GARDENS EMPLOYEES CALLED TO ACTIVE MILITARY DUTY. WHEREAS, the United States of America was founded on the principles of liberty, freedom, and justice for all; and WHEREAS, throughout history, American soldiers have been called upon to defend these principles both at home and throughout the world; and WHEREAS, on September 11, 2001 the United States was subject to acts of war perpetuated against civilians by terrorists; and WHEREAS, in response to these acts of terror, the President of the United States has called upon reserves of the Armed Forces of the United States and members of the National Guard to protect America's citizens and her freedom; and WHEREAS, many of these American soldiers called to duty to defend our liberties are full -time state employees whose civilian pay exceeds their military compensation; and WHEREAS, the families of these soldiers, defending liberties enjoyed by all, may now be facing undue financial hardship in addition to the pain of separation; and WHEREAS, the Florida Legislature passed a Resolution on September 25, 2001 directing that all employees of all political subdivisions of the state, will receive full civilian pay in addition to their military pay for the first 30 days of their active duty, and will thereafter receive the pay necessary to raise their existing military pay to the level of their civilian pay' and continue their existing benefits. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: That City employees called to active duty receive full civilian pay in addition to their military pay for the first 30 days of ;their active duty, and will thereafter receive the pay necessary to raise their military pay to the level of their civilian pay calculated at an hourly rate. Reso.172 2001 Page 2 SECTION 2: That the City employees called to active duty may retain their group insurance and may retain dependent coverage by continuing to pay their portion of the current premium rate for dependent coverage. This will allow families to continue with their present health care providers. SECTION 3: Upon their termination of service, or, upon their honorable discharge, City employees shall have the right to return to their position or a comparable position in the City service without suffering any loss of standing or seniority. SECTION 4: Due to the uncertainty of the declared war, this Resolution will be reviewed on an annual basis. SECTION 5: This Resolution shall become effective'upon its adoption. PASSED, ADOPTED AND APPROVED this ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION day of , 2001. JOSEPH R. RUSSO MAYOR as to form. LEONARD RUBIN CITY ATTORNEY VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello Attached: 1. Governor Bush's Resolution of September 25, 2001 2. Employee handbook citing City policy on Military Leave, Pgs. 21, 22 3. PBA Contract, Lieutenants and Officers Leave of Absence 4. IAFF Contract, Military Reserve Leave, Pgs. 94, 95, 96 5. SEIU Contract, Military Leave, Pg. 60 CC: Ron Ferris, City Manager Allan Owens, Finance Director 10/22/01 14:15 FAX 1 561 871 5492 ST LitCIE CO VETS Paul Hiott - Florida's Military Service Compensation Law.doc RES0LITTT0N Nk ERFAS, the United States of America was founded o11 the principles of liberty, freedom, and justice for all; and WHEREAS, throughout history, Americau soldiers have been called upon to defend these principles both at home and throughout the world; and WHEREAS, on Scptcmber 11, 2001 the United States was subject to acts of war perpetuated against civilians by terrorists; and W UREAS, in response to these acts of terror, the President of the United States has called upon reserves of the Armed Forces of the Llnited States and members of the National Guard to protect America's citizens and her freedoms; and WREREAS, many of these American soldiers called to duty to defend our libcrtics are full -time state employees whose civilian pay exceeds their military compensation; and WHEREAS, the families of these soldiers, defending liberties enjoyed by all, may now be facing undue financial hardship in addition to the pain of separation; and WHEREAS, the Florida Legislature has provided in sections 115.09 and V 115.14, Florida Statutes that all ulTictalSall eniployecs of the srate, counties. and mtuticipalitics or political subdivisions of the " state, may teceiye full civtlran pay in addition to thew i litary pay for The first 30 days of'their active duty, and may thereafter receive the pay necessary to Iaise their military pay w the level of their civilian pay and continue their eidI sting benefits. NOW, TM] RFFORE, BE IT RESOLVED that the Governor and Cabinet of the State of Florida do hereby direct all ageucies under their jurisdiction to implement the provisions of Florida's Military Service Compensation Law for all employees called to active duty as a result of these terrorisr acts. The Governor mid Cabinet of the State of Florida strongly encourage the counties, municipalities and political subdivisions of the state to likewise implement the provisions of the reservist compensation law for their employees. The Governor and Cabinet of the State of Florida encourage private employers, to the extent they are able, to take similar actions to *nake whole those people called to active duty as a result of this terrorist attack. Additionally, all agencies under the Governor and the Cabinet of the State of Florida's Jurisdiction are directed to consider additional actions that may be warranted. .. IN TEST'IMOINY WHEREOF, the Uovemor and Cabinet of the State of Florida have hereunto subscribed their ntmes and have caused the official seal of the State of Florida to be hereunto affixed in the City of - fallalhassee this 25' day of September 2001. 4b 002 Page ; ,I C��`1 (6) An employee on leave of absence may retain their group insurance by paying both the employee's and the City's contribution. The premium will be prorated and the employee will pay the City's contribution for the number of days during the calendar month the employee is on leave of absence. (7) Approval of a leave of absence request is at the sole discretion of the City. (e) Leave Accruals. An employee on leave of absence for 15 or more calendar days in one calendar month shall not accrue personal leave for that month. (f) Misuse /Misrepresentation. Misrepresentation of the purpose of the leave of absence by the requesting employee may result in cancellation of the leave and discipline up to and including termination. Failing to return from leave on the specified date, failing to get approval for a leave extension or misrepresentation of the purpose of the leave will subject the employee to disciplinary action. Sea 3 -56. Military Leave. (a) Intent. This section establishes the City's policy regarding the use of military leave by employees who are members of a National or State military reserve unit. (b) Applicability. This section applies to all full time employees. (c) Definitions. (1) Military Leave - Leave to be used solely for the purpose of fulfilling military obligations including National or State reserve units. (2) Active Duty Leave - The leave period which begins when an employee is ordered by the military to serve active duty. (d) Use. An employee who is a member of a military reserve unit and who must attend annual field training sessions is entitled to a paid leave of absence not to exceed seventeen consecutive calendar days per calendar year. (e) Payout. An employee serving an authorized military leave in accordance with state statute, is entitled to a leave of absence without loss of personal leave, pay, time or efficiency rating, pursuant to sections 250.48 and 115.07 Florida Statutes. Unused military leave shall not be paid out at the time of separation. (g) Procedures. (1) An employee wishing to use military leave shall submit a leave,request form and, if available, a copy of written orders, to their supervisor as soon as possible after notification of or volunteering for duty. (2) The supervisor shall forward the leave request form together with the military orders to the Human Resources department for the employee's official file. 21 Opc« s-doc MW (3) An employee called to active duty may request to be paid all accrued personal leave in the next payroll period. I (4) An employee on military leave may retain their group insurance. An employee may retain . dependent coverage by paying their portion of the current premium rate for dependent coverage. (5) An employee returning from active duty leave shall be subject'to rules and regulations required by federal law. (6) Military leave may not be accrued. Sec. 3 -57. Family Leave. (a) Intent. This section establishes the City's policy regarding family leave under the Family and Medical Leave Act of 1993 (FULA). (b) Applicability. This section applies to all employees who have been employed by the City for at least twelve (12) months and have worked at least 1,250 hours during the previous twelve (12) months. (c) Definitions. A serious medical condition is defined as an illness, injury or, impairment or physical or mental condition that involves inpatient care in a hospital, hospice or residential medical care facility or requires continuing medical treatment as defined in the Family and Medical Leave Act. (d) Use of Family Leave. Consistent with FMLA, Family Leave may be used for: (1) To care for the employee's child after birth, adoption or placement from foster care. (2) To care for the employee's spouse, child or parent with a serious medical condition. (3) To care for an employee's own serious medical condition. (e) Procedures. (1) Employees shall obtain a written medical certification of the existence of a serious medical condition of the employee, spouse, parent or child; however, the City reserves the right to obtain a second opinion. (2) For birth, adoption or placement of a child from foster care, the leave option expires one year after the event. (3) The employee shall submit a written leave request to their immediate supervisor explaining the need for the request. A copy of the request shall be sent to the Human Resources Department. The City Manager shall approve all eligible Family Leave requests which meet the definition for FMLA herein. 22 f�«spc+og.doc its M 7t3 A- �o i �l. Ccs��orC6 S OFF ez�2S z A- L ARTICLE 19 LEAVE OF ABSENCE Section 1: Leaves of absence without pay fora period not to exceed six (6) months may be granted at the sole and exclusive discretion of the City Manager. Section 2: An officer who is a member of a military reserve unit and who must attend annual field training sessions is entitled to a leave of absence as provided by federal law. Upon presentation of military pay orders, the City will reimburse the employee for the difference between his military pay for the annual training session and his regular rate of pay. An employee called to active duty will be treated in accordance with federal law. Section 3: An employee who is on duly authorized paid leave of absence will continue to maintain all benefits including seniority, longevity, and insurance benefits. Section 4: An employee who is on duly authorized unpaid leave of absence will not receive benefits for any month in which he has been on leave without pay for more than fifteen (15) calendar days. The employee may retain, at his own expense, his group insurance coverage during such period of unpaid leave. 21 pt-p•iF env + eol_ ► ARTICLE 47 MILITARY RESERVE LEAVE Section 1: Annual Active Duty Training for Reservists A. (A qualified employee who is a member of any military reserve unit of the United States, or any National Guard Unit, and must have received "Active Duty Training order" shall be. granted.Military Leave with differential pay for up to seventeen (17) calendar days per calendar year, Additional Leaves of absence for military training shall e without pay. B. Such leave shall be granted by the City Manager after he /she is presented with written military orders. C. Notification of such Military Leave shall be made to the City Manager on the form provided. `p 5 DO. Compensation of such employee shall be at his /her 1� regular rate of pay for the period concerned, less any payments he /she receives from the military for such period. Section 2: Pre - Induction Physical Examinations A. A qualified employee ordered for pre - induction physical examination shall be given up to two (2) scheduled working days off, with pay, for this purpose by the Chief on the basis of ' written military orders. This section is applicable only during a military draft implementation. Section 3: Active Military Duty A. In accordance with the Veterans Reemployment Rights Act, a reservist who is voluntarily or involuntarily called to active 94 duty shall be placed on leave of absence without pay for a period of time not to exceed four_ (4) years.._ B. An employee called to active duty may request to be paid all accrued vacation leave and compensatory time. Such payment shall be included in the next scheduled payroll. C. An employee called to active duty shall be paid up to and not to exceed eight (8)__weeks nay at one -half (.112) his /her base rate of paw excluding incentive and longevity pay, upon presentation of military orders. Payment shall be included in the next scheduled payroll. An employee called to active duty for less than eight (8) weeks shall be paid one-half (1/2) base pay for the period of time he /she is on active duty. An employee returning to work from active duty and who has received the full eight (8) weeks benefit must work a continuous one (1) year period to again be eligible for this benefit. D. An employee on leave of absence for more than fifteen (15) calendar days shall not receive a uniform allowance and shall not be credited with vacation or sick leave for that month. E. The employee may elect to continue medical and dental ; coverage under the COBRA policy. Application for continuation of medical benefits must be made within sixty (60) days of the last day of work, and all premium payments shall be the responsibility of the employee or his /her eligible dependent(s). F. An employee returning from military leave who was discharged from the Armed Forces of the United States under IM honorable conditions shall be reinstated, per the Veterans Reemployment Rights Act, to the same position or a position of like seniority, status, and pay. The returning employee must be qualified to perform the duties of the position to which he /she returns; must make application for reinstatement within ninetyr (90) days following his /her discharge; must not have served over four (4) years; and must report for work when so instructed. A reservist called up for ninety (90) days must reapply for his /her job within thirty -one (31) days after returning from duty. G. A reinstated employee shall receive the same status as to pay, seniority, and benefits that the employee would have had if the employee had not been called for military duty. The returning employee may be permitted to make the pension contributions that the employee would have otherwise made but for military service, in order to secure pension benefits for the period of military service. 96 f ARTICLE 10 MILITARY LEAVE Section 1. Employees covered by this agreement who are members of the Florida National Guard, the Naval Militia, or members of Reserve Components of the Armed Forces of the United States shall be entitled to leave of absence from their respective duties without Ioss of pay for up to seventeen (17) days per year. The City of Palm Beach Gardens will pay the difference between their Military pay and what they would have otherwise earned during each leave. Section 2., The employee shall be required to submit an order or statement from the appropriate military Command as evidence of such duty. Such order or statement must accompany the formal request for military leave. S C (fit CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: November 5, 2001 Meeting Date: November 15, 2001 Subject/Agenda Item: Consideration of Resolution 173, 2001, authorizing the Mayor and City Clerk to execute a joinder and acceptance to a quit -claim deed within the Mirasol r PCD. Recommendation: Approval of Resolution 173, 2001 Reviewed by: City Attorney Submitted by: City Attorne Approved by: I City Manager Explanation: Originating Dept: City Attorney Advertised: Date: Paper: [ X] Not Required Affected parties: [ ] Notified [ X] Not Required Costs: Not Applicable Funding Source: [ ] Operating [ ] Other Council Action: [ ] Approved [ ] Approved with conditions [ ] Denied [ ] Continued to: Attachments: Resolution 173,2001 The plats for the Mirasol PCD dedicated various easements and parcels to the Mirasol Master Maintenance Association, Inc. The Mirasol Master Maintenance seeks to convey a tract of land to Kenco Communities at Mirasol to provide access to their property and to correct a prior deed. Execution of this document is a housekeeping matter and has no impact upon the City. CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 173, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A JOINDER AND ACCEPTANCE TO THE CONVEYANCE OF AN ACCESS PARCEL WITHIN THE MIRASOL PCD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Taylor Woodrow Communities has requested that the City execute a joinder and acceptance to a quit -claim deed conveying a parcel within the Mirasol PCD to provide access to Kenco Communities and to correct a prior deed; and WHEREAS, the City Council of the City of Palm Beach Gardens deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to execute such joinder and acceptance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute the joinder and acceptance to the quit -claim deed 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. -1- RESOLVED, ADOPTED AND APPROVED THIS ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. DAY OF , 2001. MAYOR JOSEPH R. RUSSO LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK -2- PREPARED BY: Legal Department Taylor Woodrow Communities 8430 Enterprise Circle, Suite 100 Bradenton, FL 34202 Cut out of Parcel ID #: # 52- 42- 41- 34 -00- 000 -1040 # 52- 42- 41- 34 -00- 000 -1050 # 52- 42- 41- 34 -00- 000 -3010 Grantee's Tax I.D. No. QUITCLAIM DEED This Quitclaim Deed corrects that certain Quitclaim Deed, recorded in O.R. Book 12725, Page 140, Public Records of Palm Beach County, Florida, for Grantor. Mirasol Master Maintenance Association, Inc. is owner of record under Deed, recorded in O.R. Book 12517, Page 1970, Public Records of Palm Beach County, Florida. THIS QUITCLAIM DEED is made this W-4 day of September 2001, by MIRASOL MASTER MAINTENANCE ASSOCIATION, INC., a Florida non - profit corporation ( "Grantor "), whose address is 8430 Enterprise Circle, Suite 100, Bradenton, FL 34202, to KENCO COMMUNITIES AT MIRASOL, INC., a Florida corporation ( "Grantee "), whose address is 1000 Clint Moore RD, STE 110, Boca Raton, FL 33487. WITNESSETH, that the said Grantor for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, to it in hand paid by Grantee, the receipt whereof is hereby acknowledged, Grantor remises, releases and quitclaims unto Grantee, and its successors and assigns forever, all the right, title, interest claim and demand which the Grantor has in and to the following described land situate, lying and being in the County of Palm Beach, State of Florida, (the "Property") to wit: see Exhibit "A ", attached hereto, consisting of 2 pages. SUBJECT to easements, restrictions and reservations of record and taxes for 2001, and subsequent years. GRANTOR hereby reserves for itself, its successors and/or assigns, an easement over, under and upon the Property for ingress, egress, access, installation, construction, operation, maintenance, repair and replacement of drainage, utilities, irrigation, lighting, sidewalks and bike paths. TO HAVE AND TO HOLD the same, together with all singular, the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the said Grantor, either in law or equity, to the only proper use, benefit and behalf of the said Grantee, and its successors and assigns forever. IN WITNESS WHEREOF, Grantor has caused these presents to be executed the day and year first written above. Witnesses: i Print e: �'�v -t.�c eau rl % . %Ja I^L� Print na/%:�s /�� T:\ Lega ]\Mirasol\Kenco- TractAA \QCD- Corrective MIRASOL MASTER MAINTENANCE ASSOCIATION, INC., a Florida non - profit STATE OF FLORIDA } COUNTY OF PALM BEACH } The foregoing instrument was acknowledged before me thisc.-2 1p , day of September, 2001 by Craig A. Perna as President of Mirasol Master Maintenance Association, Inc., a Florida non - profit corporation, on behalf of the corporation, and he is personally known to me. ---- _. --G// a �cj; ?P g 2 F�� . % NOTARY PUBLIC State of Florida at Large : = Printed Name: V , N � (Notarial Seal) Z ; * My Commission No: o y o,7 6 `1 o . #DD 020769 : Q� o` My Commission Expires: Apr,( . 6 i ZOOS JOINDER AND ACCEPTANCE THIS JOINDER AND ACCEPTANCE is made and effective as of the day of 2001, by The City of Palm Beach Gardens. The City of Palm Beach Gardens joins in this Quitclaim Deed to re- acknowledge its consent to such conveyance. ATTEST: Print Name CITY OF PALM BEACH GARDENS By: Print Name: Its: DESCRIPTION: A PORTION OF TRACT BB, MIRASOL PLAT ONE, .ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 89, PAGES 14 THROUGH 23 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF TRACT AA, AS SHOWN ON SAID PLAT; THENCE S.01'08'16 "W. ALONG THE WEST LINE OF SAID TRACT AA, 'A DISTANCE OF 830.98 FEET; THENCE S.50'22'49 "E. , A DISTANCE OF 1755.05 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT BB AND THE POINT OF BEGINNING; THENCE S.88'11'46 "E., A DISTANCE OF 90.00 FEET; THENCE S.01'48'14 "W., A DISTANCE OF 15.00 FEET; THENCE S.43'11'46 "E., A DISTANCE OF 35.36 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT BB (ALSO BEING THE NORTH RIGHT -OF WAY LINE OF JOG ROAD AS SHOWN ON SAID PLAT); THENCE N.88'11'46 "W. ALONG SAID NORTH LINE, A DISTANCE OF 140.00 FEET; THENCE N.46'48'14 "E., A DISTANCE OF 35.36 FEET; THENCE N.01'48'14 "E., A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. CONTAINING 4,225 SQUARE FEET OR 0.097 ACRES, MORE OR LESS SAID LANDS SITUATE IN THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA. SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS, COVENANTS, AND RIGHTS -OF -WAY OF RECORD. NOTES: 1. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID UNLESS SEALED WITH AN EMBOSSED SURVEYOR'S SEAL. 2. LANDS SHOWN HEREON ARE NOT ABSTRACTED FOR RIGHTS -OF -WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD. 3. BEARINGS SHOWN HEREON ARE RELATIVE TO ASSUMED DATUM BASED ON THE WEST LINE OF TRACT AA, " MIRASOL PLAT ONE AS RECORDED IN PLAT BOOK 89, PAGES 14 THROUGH 23, BEARING S01'08'16 "W. 4. THE "LAND DESCRIPTION" HEREON WAS PREPARED BY THE SURVEYOR. 5. DATA SHOWN HEREON WAS COMPILED FROM THE INSTRUMENT OF RECORD AND DOES NOT CONSTITUTE A FIELD SURVEY AS SUCH. CERTIFICATE: I HEREBY CERTIFY THAT THE ATTACHED SKETCH OF DESCRIPTION OF THE 'HEREON DESCRIBED PROPERTY IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AS PREPARED UNDER MY DIRECTION ON FEBRUARY 18, 2001. 1 FURTHER CERTIFY THAT THIS SKETCH OF DESCRIPTION MEETS THE MINIMUM TECHNICAL STANDARDS SET FORTH IN CHAPTER 61G17 -6 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS PURSUANT TO FLORIDA STATUTES 472.027. REVISE PER COMMENTS 03/29/01 DPL REVISE PER COMMENTS 03/19/01 JC CAULFIELD & WHEELER, INC. _ CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 7301A W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 .� PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 DAVID_: P. LINDLEY . REGISTERED' LAND ' MIRABELLA ENTRY SURVEYOR N0: 5005 SKETCH OF DESCRIPTION STATE OF FLORIDA L.B. 359 1 SHEET 1 OF 2 DATE 02/18/01 DRAWN BY JC F.B./ PC. N/A SCALE AS SHOWN JOB NO. 3812 Q 0 n 00 U Q rt F_ CO 00 O 0 N_ W N Z_ Q J m h- U N Z w m NORTH LINE TRACT "AA" POINT OF COMMENCEMENT N.W. CORNER OF TRACT "AA" MIRASOL PLAT ONE (PLAT BOOK 89, PAGES 14 THROUGH 23) TRACT "AA" MIRASOL PLAT ONE (PLAT BOOK 89, PAGES 14 THROUGH 23) \ �0. �R9F �j S SOS, NORTH LINE TRACT "BB\ N01'48'14 "E TRACT BB 15.00' - (PLAT) � ' " N 46 4814 E 35.36' NORTH R/W LINE POINT OF BEGINNING 3'11'46 "E 90.00' .00 - 45.00' 0 0 0 4- 70.00' N881 1'46 "W JOG ROAD 120' R/W 0 TRACT A 00 0 (PLAT BOOK 89, PAGES 14 THROUGH 23) :t 0 co S88'1 1'46 "E 511.83' cf) P. C. REVISE PER COMMENTS 03/29/01 DPL REVISE PER COMMENTS 03/19/01 JC CAULFIELD & WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 7301A W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 MIRABELLA ENTRY SKETCH OF DESCRIPTION 70. 00 .. 140.00' 1'48'14 W 15.00' S431 1'46 "E 35.36' TRACT BB (PLAT) SOUTH LINE TRACT "BB" (PLAT) AVID P. LINDLEY EGISTERED� LAND URVEYOR NO. 5005 TATE OF :FLORIDA .B. 3591 SHM72OF2 LEGEND NOTES R/W - RIGHT -OF -WAY ESMT. - EASEMENT D.B. - DENOTES DEED BOOK TWP. - TOWNSHIP O.R.B. - OFFICIAL RECORD BOOK RGE. - RANGE SEC - SECTION P.O.B. - POINT OF BEGINNING P.O.C. - POINT OF COMMENCEMENT (PLAT)- MIRASOL PLAT ONE PLAT BOOK 89, PAGES 14 -23 POINT OF BEGINNING 3'11'46 "E 90.00' .00 - 45.00' 0 0 0 4- 70.00' N881 1'46 "W JOG ROAD 120' R/W 0 TRACT A 00 0 (PLAT BOOK 89, PAGES 14 THROUGH 23) :t 0 co S88'1 1'46 "E 511.83' cf) P. C. REVISE PER COMMENTS 03/29/01 DPL REVISE PER COMMENTS 03/19/01 JC CAULFIELD & WHEELER, INC. CIVIL ENGINEERING - LAND PLANNING LANDSCAPE ARCHITECTURE - SURVEYING 7301A W. PALMETTO PARK ROAD - SUITE 100A BOCA RATON, FLORIDA 33433 PHONE (561)- 392 -1991 / FAX (561)- 750 -1452 MIRABELLA ENTRY SKETCH OF DESCRIPTION 70. 00 .. 140.00' 1'48'14 W 15.00' S431 1'46 "E 35.36' TRACT BB (PLAT) SOUTH LINE TRACT "BB" (PLAT) AVID P. LINDLEY EGISTERED� LAND URVEYOR NO. 5005 TATE OF :FLORIDA .B. 3591 SHM72OF2 DATE 02/18/01 DRAWN BY JC F.B./ PG. N/A SCALE AS SHOWN JOB NO. 3812 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: November 5, 2001 Meeting Date: November 15, 2001 Subject/Agenda Item: Resolution 170, 2001- Ballenlsles -Pod 16A -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: City Attorney Growth Management 01 r (Total) $ 0 [ ] Approved [ ] Approved w/ Finance kA Current FY conditions [ ] Denied ACM Funding Source: [ ] Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other Submitted by: .Jcan C. Donahue, P.E. Assistant City Engineer Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: City Manager [X] Not required BACKGROUND: See attached memorandum. RESOLUTION 170, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE BALLENISLES -POD 16A PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Ballenlsles -Pod 16A Plat; and WHEREAS, the City engineer has determined that the proposed plat meets all the technical requirements of the City's Land Development Regulations and Chapter 177, F.S. and recommends the approval of the plat; and WHEREAS, the plat is consistent with the City's Comprehensive Plan and LDRs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The Mayor and City Clerk are hereby directed and authorized to execute the Mylar of the Ballenlsles -Pod 16A Plat consisting of two (2) sheets dated September 2001, prepared by Keshavarz & Associates, Inc., attached hereto as Exhibit "A." SECTION 2: This resolution shall be effective upon adoption. INTRODUCTED, PASSED, AND ADOPTED this day of , 2001. JOSEPH R. RUSSO MAYOR ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. LEONARD RUBIN, CITY ATTORNEY Resolution 170, 2001 Page 2 of 2 VOTE: AYE NAY ABSENT Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello L br INC CONSULTING CIVIL ENGINEERS, SURVEYORS &MAPPERS CIVIL AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 3550 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold -City Clerk FROM: Sean C. Donahue, PE DATE: November 5, 2001 FILE NO. 00 -4164 SUBJECT: BallenIsles -Pod 16A We have reviewed the plat for the referenced project for compliance with Chapter 177 of the Florida Statutes and the City of Palm Beach Gardens requirements. We have no engineering concerns with this plat. Therefore, we recommend its approval. SCD/ P APR0JECTS\PBGMEM0 \4164 \4164zc i t CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: November 15, 2001 Date Prepared: October 26, 2001 SUBJECT /AGENDA ITEM PUD- 01 -12— Palm Beach Gardens Medical Center PUD Amendment Public Hearing and Second Reading: Ordinance 39, 2001, a request by Tenet South Florida HealthSystems for an amendment to the Palm Beach Gardens Medical Center PUD to provide for a waiver from the Land Development Regulations, allowing for issuance of a building permit prior to plat recordation, and a time extension for the submittal of a completed Public Facilities Agreement. The Palm Beach Gardens Medical Center is located at the southeast corner of Burns Road and Gardens East Drive (7- 42S -43E). RECOMMENDATION Staff recommends APPROVAL of Ordinance 39, 2001 with conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: N/A Principal Planner Costs: $ Approved [ ] pP City Attorney Project Total [ ) APP. w/ conditions �-- Manager [ ] Denied Finance CIA Ed Tombari, AICP $ [ ] Rec. approval Human Res. NA Current FY [ ] Rec. app. w/ conds. [ ) Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth [ ] Operating *Ordinance 39, 2001 Manage t Director Y6 � [XI Not Required [ ] Other • Legal Description • Ordinance 35, 2000 Charles K. Wu, AICP • 9/14/01 Letter from Budget Acct. #: Applicant • 8/15/01 Letter from Approved by: Affected parties: City Manage Applicant's Engineer [X] Notified re: PFA [ Not Required • Letter from Palm Beach County [ ] None City Council Meeting Date: November 15, 2001 Date Prepared: October 26, 2001 Petition PUD -01 -12 BACKGROUND The Palm Beach Gardens Medical Center was last amended by Ordinance 35, 2000, adopted February 1, 2001, which provided for a five phase expansion program, including expanded parking areas, a third floor addition, expansion of radiology labs, operating rooms, storage and equipment areas, the addition of thirty (30) hospital beds, and the construction of a three -story medical office building. As part of the approving development order, the applicant was required by condition of approval to enter into a Public Facilities Agreement with the County for the widening of Alternate Al A, between Burns Road and PGA Boulevard. In addition, the applicant is required by Section 78 -446 of the Land Development Regulations (LDRs) to record a boundary plat of the site, prior to the issuance of a building permit. ISSUES The Public Facilities Agreement. Typically, a Public Facilities Agreement (PFA) legally binds an applicant to a construction schedule and to funding obligations for necessary improvements that are triggered by the proposed development, consistent with its approved concurrency. The Palm Beach Gardens Medical Center PUD condition required that the applicant finalize such an agreement within six months of the approval of the development order, or prior to the issuance of the building permit. To date, the applicant has not finalized the Public Facilities Agreement with the County; however, the applicant has provided a letter from the County's Engineering Department allowing for an extension of time for the finalization of the Public Facilities Agreement (attached). The applicant must participate with Palm Beach County to ensure the proper funding for the widening of Alternate A-1 -A from Burns Road to PGA Boulevard. The delay of finalizing the Public Facilities Agreement will not impede the County or state's schedule for the widening of this roadway. Palm Beach County Engineering has submitted a letter for staff review indicating that the County has no problems with extending the period for finalizing the PFA, and anticipates finalization of the PFA within 90 days of their letter dated October 17, 2001. Staff recommends a condition of approval that the PFA be finalized with the County no later than February 1, 2002 (see attached). Recordation of plat prior to issuance of the building permit. The applicant is also requesting a waiver from Section 78 -446 of the Land Development Regulations, which requires the recordation of a boundary plat prior to the issuance of a building permit, in order to commence building prior to recordation of their plat. The plat has recently been submitted to the City for review by Staff. City Council Meeting Date: November 15, 2001 Date Prepared: October 26, 2001 Petition PUD -01 -12 The applicant is not proposing subdivision of land or the conveyance of subdivided land to additional owners. The applicant is proposing to plat an existing parcel which has been legally described and parceled as a metes and bounds description. It is staff's professional opinion that there is minimum risk to allowing some construction on this site prior to the plat recordation. RECOMMENDATION Staff recommends approval of petition PUD -01 -12 with the following conditions of approval: In accordance with Condition 4 of Ordinance 35, 2000, the cumulative trips generated by the proposed construction listed in the letter dated September 24, 2001 shall not exceed 904 daily trips (Planning and Zoning). 2. All unsatisfied conditions of approval deriving from Ordinance 35, 2000 to the extent not modified herein shall remain in full force and effect (Planning and Zoning) 3. The Public Facilities Agreement between the applicant and Palm Beach County concerning the widening of Alternate A-1 -A from Burns Road to PGA Boulevard shall be finalized no later than February 1, 2002. Staff also recommends approval of the following waiver request: Section 78 -446 Plat review and approval process, to allow for issuance of a building permit prior to plat recordation. g /shortrange /pud0112cc.2 Last Revision: October 18, 2001 ORDINANCE 39, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM TENET SOUTH FLORIDA HEALTH SYSTEM FOR AN AMENDMENT OF A PREVIOUSLY - APPROVED PLANNED UNIT DEVELOPMENT (ORDINANCE 35, 2000) FOR PALM BEACH GARDENS MEDICAL CENTER, LOCATED AT THE SOUTHEAST CORNER OF BURNS ROAD AND GARDENS EAST DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; TO GRANT A WAIVER FROM SECTION 78-446 OF THE LAND DEVELOPMENT REGULATIONS, AND ALLOW FOR ISSUANCE OF A BUILDING PERMIT PRIOR TO PLAT RECORDATION AND TO ALLOW FOR ADDITIONAL TIME TO SUBMIT A PUBLIC FACILITIES AGREEMENT; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR A WAIVER; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has received an application (PUD- 01 -12) from Tenet South Florida HealthSystems for approval of an amendment to a previously- approved planned unit development (Ordinance 35, 2000) located at the southeast corner of Burns Road and Gardens East Drive, as more particularly described in Exhibit "A" attached hereto to grant a waiver from section 78-446 of the land development regulations and allow for issuance of a building permit prior to plat recordation; and to allow for additional time to submit a public facilities agreement as was required by Ordinance 35, 2000; and WHEREAS, the 22.12 -acre "Palm Beach Gardens Medical Center" site is currently zoned Planned Unit Development (PUD), with an underlying zoning of Public /Institiutional; 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 amendment of the planned unit development (PUD) known as the "Palm Beach Gardens Medical Center". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Ordinance 39, 2001 Meeting Date: November 1, 2001 Date Prepared: October 19, 2001 Petition PUD -01 -12 SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the "Palm Beach Gardens Medical Center' PUD, located at the southeast corner of Burns Road and Gardens East Drive, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to provide for a waiver from section 78-446 of the Land Development Regulations, and allow the issuance of a building permit prior to plat recordation, and to allow for additional time for the submittal of the finalized Public Facilities Agreement. SECTION 2. Said Planned Unit Development amendment is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: The cumulative trips generated by the proposed construction listed in the letter dated September 24, 2001 shall not exceed 904 daily trips (Planning and Zoning). 2. All unsatisfied conditions of approval deriving from Ordinance 35, 2000 to the extent not modified herein, remain in full force and effect (Planning and Zoning). 3. The Public Facilities Agreement between the applicant and Palm Beach County concerning the widening of Alternate A-1 -A from Burn Road to PGA Boulevard shall be finalized no later than February 1, 2002. SECTION 3. The following waiver is hereby granted with this approval: 1. Plat review and approval process — Section 78 -446, which requires recordation of a boundary plat prior to issuance of a building permit. SECTION 4. If any section, paragraph, sentence,. clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 5. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed to the extent of such conflict. SECTION 6. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2001. 2 Ordinance 39, 2001 Meeting Date: November 1, 2001 Date Prepared: October 19, 2001 Petition PUD -01 -12 PLACED ON SECOND READING THIS DAY OF 2001. PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD CITY CLERK VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY (This space intentionally left blank) VOTE: AYE NAY MAYOR RUSSO VICE MAYOR JABLIN 3 ABSENT COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO 4 Ordinance 39, 2001 Meeting Date: November 1, 2001 Date Prepared: October 19, 2001 Petition PUD -01 -12 Ordinance 39, 2001 Meeting Date: November 1, 2001 Date Prepared: October 19, 2001 Petition PUD -01 -12 EXHIBIT "A" 5 'Kb EXHIBIT A Legal Description of the property_ O o ._.) --r I -J L.._., - PARCEL A: A PARCEL OF LAND LYING IN SEC71UN 7, TOWNSHIP 42 SOU111. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING- AT THE POINT OF INTERSECTION OF 111E CENTER LINE OF TIIF FLORIDA EAST COAST RAILWAY RIGHT OF WAY AND THE EAST -WEST QUARTER SECTION LINE. OF SECTION 7, TOWNSHIP 42 SOU1}i, RANGE 43 EAST, PALM AEACII COUNTY. FLORIDA; THENCE SOUTll 88'38'15" EAST, ALONG SAID EAST -WEST QUARTER SECTION LINE, A DISTANCE OF 51.66 FEET TO A POINT (ACCORDING TO THE RIGHT OF WAY AND TRACT MAP OF THE FLORIDA EAST COAST RAILWAY CO.. SAID CENTER, LINE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY HEARS NORTH 14.01'OU" VFCT AT 1111S POINT AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE 11IERETO); THENCE NORTH 75.59'01" FAST A DISTANCF. OF 131,UO FEET TO THE BEGINN.ING OF A CURVE CONCAVE TO THE SOUTH. HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 15'22'45 "; THENCE EASTERLY. ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; TIIFNCE SOUTH 88.38' 15" FAST ALONG 111E TANGENT TO SAID CURVE, A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6'48' 15 "; TIIFNCE EASTERLY. AII)NG TIIF, ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; 111ENCE NORTH 84'33'30" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 631.81 FEET TO A POINT; THENCE SOUTH 05'26'30" EAST A DISTANCE OF 30 FEET TO -mE ruiNT OF BEGINNING OF Tim HEREIN DESCRIBED PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT -OF -WAY LINE OF BURNS ROAD (60 FEET RIGHT -OF -WAY); THENCE CONTINUE SOUTI1.05'26'30" EAST, DEPARTING FROM SAID SOUTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 219.16 FEET TO A POINT; THENCE NORTH 84'33'30" EAST A DISTANCE OF 37.88 FEET TO A POINT; THENCE SOU111 50'53'08" EAST A DISTANCF. OF 23.32 FEET TO A POINT; THENCE NORTH 84'33'30" EAST A DISTANCE OF 52.88 FEET TO A POINT; THENCE NORTH 05'26'30" WEST A DISTANCE OF 29.75 FEET TO A MINT: THENCE NORI11 84.33'43" FAST A DISTANCE OF 17.43 FEET TO A POINT; THENCE SUU111 49'48'48" EAST A DISTANCE OF 71•:62 FEET TO A POINT; THENCE NORTH 84.01126" EAST A DISTANCE OF 123.89 FEET I'0 A POINT; THENCE SOUTH 05026130" EAST A DISTANCE OF 751.93 FEET TO A POINT. SAID POINT BEING ON THE NORTH LINE OF THE PLAT OF MERIDIAN PARK. AS RECORDED IN PLAT BOOK 28. AT PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TIIFNCE SOUTH -75'57'05" WEST. ALONG THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK, A DISTANCE OF 565.68 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID PLAT OF MERIDIAN PARK. SAID POINT ALSO BEING ON THE EASTERLY RIGHT -OF -WAY LINE OF GARDEN EAST DRIVE (60' RIGHT -OF -WAY); THENCE NORTH 14.02'55" WEST, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF SAID GARDEN EAST DRIVE AND DEPARTING FROM T11E NORIII LINE OF SAID PLAT: OF MERIDIAN PARK, A DISTANCE OF 1075.92 FEET 1'0 A POINT OF CURVE CONCAVE TO THE SOUTIIF.AST, HAVING A RADIUS Of 25.0 FEET AND A CENTRAL ANGLE, OF 98'36'25 "; T1IENCF, NUR111F.RLY, NORTHEASTERLY AND EASTERLY. ALONG THE ARC OF SAID CURVE, A DISTANCE OF 43.01 FEET TO THE END OF SAID CURVE, SAID POINT BEING ON THE SOUIIIERLY RIGHT -OF -WAY LINE OF SAID BURNS ROAD; THENCE NORTH 84.33'30" EAST ALONG 711E TANGENT 1-0 SAID CURVE AND ALONG THE S0VnIERLY RIGHT -OF -WAY LINE OF SAID BURNS ROAD, A DISTANCE OF 396.69 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 13.91 ACRES. MORE OR LESS. - al m btPeJ 1 a(' 3 R8 6634 P9 10 2 PARCEL B: A PARCEI, OF LAND LY111C IN SF.( :11UFl 7, IOWIISIIIP 42 SUI1111, RAIR ;I'. 41 F.AS1, rA1:1 BEACH COUNTY, FLORIDA, BEING MORE I'ARTICULARLY UI:SCRIBEU AS FUI.LUWS; CUFUila1CING AT IIIF r11tNr OF 1NrF.RSFCfIIIN (IF 1111' r.FNIi.K LINE nF TIIF FLORIDA FAST COAST PAI1WAY Rltalf Of- WAY Atli) IIIF FAST -Wk.1' 91 1AR'I'I:H SFCfIUN I.IID; OF SFCTIUN 7. TOWN SIII V 1-2 SOII111, RAIL( ;F 1-3 E'AS1'. I'AIJI V17.ACII C(II11IFY, FLORIDA; I11F.NCF. SUIT 111 88' 38' 15" FAS 1', AI 1111(; SAID EAST' -WF.S 1' 0IIAR'ITR SECTIOU I.1 ill:, A VISTANCE OF 51.86 FE.EF 1U A M11117 (ACCORVING IU THE Riuir OF WAY AIIII TRACT MAP OF IIIE FLOR1UA FAST COA:'r RAII.WAY CO.. SAID C'I >Ifl•):I( LINE OF IIIF FLORIIIA EAST COAST RAILWAY FIGIIT Or (;AY PFARS NUP.111 1400I'UU" WEST AT 11115 POINT Atli) ALL OTIII7K BEARINGS STATED HEREIN AP.F. RELATIVE TIII:RETO); THENCE HORTII 75'59'01" FAST A DISTANCE (IF 131 .00 FEET TU TIIE EIF.( ;1NNIIIG OF A CIiRVE' CONCAVE 1'0 711E SOUTH, 11AVIIl(; A RAIItUS OF 283.37 FEET A1411 A CENTRAL ANGLE OF 15'22'45 "; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE. A VISTANCr OF 76.06 FEET TO 711E END OF SAID CURVE; I'IIrIICE SOU1N 88'38'15" FAST ALUM: IIIF. TANGF1rr 1'0 SAID CURVE, A DISTANCE. OF 616.56 FEET TO THE BE.C:INNINC OF A (,11RVE COIICAVF 'f0 THE NORTH, HAVING A RADIUS OF 1682.15 FEET Atli) A CElrl•RAL ANGLE OF 6 48 15 ; TIIFIICE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO IIIF. END OF SAID CURVE.; 111F..11CF, IIORIII 84'33'30" EAST ALOK TIIF. TANGENT TO SAID CURVE, A UISTANCF OF 726.71 FEET TO IIIF. IIF(:IHNIIN(; OF A 0IRVF. CONCAVE TO T11E SUE1111, HAVIlk. A RAD1(IS (IF 973.91 FEET AND A (:F.NIRAt. AtII :LF. OF 11'43'31 "; TIIENCE EASTERLY. ALUM; THE ARC OF SAID U1RVF. A DISTAIWE OF 199.30 FEET TO 111E END OF SAID CURVE; TIIENCE SOUTH 83 °43'00" EAST A1,011f; IIIF. TAlICENT TO SAID CURVE; A UISTANCF. Or 248.55 FEET IU A POINT; IIIE:NCE SOM11 14 °02'55" EAST A UISTANCF, OF 31.99 FEET TO IHE rUINr OF BEGINNING OF 111E HEREIN DESCRIBED PARCEL, SA111 rO1NT BEING ON THE SOUTHERLY RIGHT -OF -WAY LINE OF 1111RNS RUAU (60 FEET RICIIT -OF -WAY), SAID POIIIT ALSO BEIM. i11E NORIIIWF_ST CORNER OF THE PI.AI OF SANIIAL%;I!OD F-:1'AIf.S, AS RF.(x1REIFi1 IN rlXr PO(11: 31, AT rACrS' 167 111R1)IIGH 171, rum.IC: FF(:(IRII, Cr i'Alli i1FACII (.(11171-Y. F1.11RIDA: 1111•411'r. C011f111UF. SUUIII 14402'55" F.ASI- ALONG 1111: wrr,-f LlIIF, OF SAID I'I.AI' OF. SANIIAI.W11011 FSI'AIFS; A UISTANCF OF 1188.66 FEET TO A r011l r. SA 1 D rOl tl'r NGI N(; '111F. NOR I IIUA'; I' CIIRNFR OF 711E PLAT OF MERIUTAII PAPK, AS FF.CORUFII 1N PLAT (TOOK 28;, AT PAVE: 51, t'UE1l.1C RFA,URUS OF PAII•I UEACII COUNTY. FLORIDA: TIIENCE SUUIII 75 °57'0:1" WFSr. A1.01t: 111E NURTII LINE OF SAID r1.AT OF MERIDIAN PARK AND DEPARTI tl(; FRUtl THE WFS r 1.11117. OF SAID PLAT OF SAIIUAI.W(1UD F.STATF5, A DISTANCE OF 379.32 FEF;r TO A romr; 'IIIFIU:f. NORTH U5'26'30" WEST. UFI'ARTIt(C: FROtt IIIF. NORTH LINK OF SAIII 1'I.Af (11' tIF.RIMAN PARK, A UISTANCF. OF 751.93 FEET TO A rOINT; TIIFNCF So hill '94'01'26" WEST A DISTANCE OF 123.89 FEET TO A MINT: TIIENCE. NORI'll 49'48' 4A" WFS*I' A DI STANCE OF 71.82 FEET TO A PU11tf; I11EIICE SUUIII 84'33'43" WEST A DISTAUCF OF 17.1-3 FEET' -TO -A POINT; THENCE, HOPI-11 05'26'3U" WEST A DISTANCE OF 205.69 FFI: -I' TO A i'Mirr LYING ON 111E ARC OF A CURVE CONCAVE TO TIIE SUUIII, HAVING A RADIUS OF 9/11.91 FEET. A CENTRAL ANGLE OF 10'59'03" AND A RADIAL BEARING AT 11116 1'01111' OF SOlriil 04'1 +1'03" WEST. SAID POINT AI .1;O BEING, ON IIIF SU11111FR1.Y RIGHI' -OF -WAY LINE. OF SAID 1111RNS ROAD; 111194.F. FA STEPLY. AIIHI: 111E ARC OF SAID ('IIRVr. Atli) 1111: .iUUTHI:RLY RIGHT -OF -WAY LINE OF SAID PURNS ROAD, A UTS'11A11CF. OF 111(1,(,f( FEI:r TO IIIF EIIU OF SAID CURVE.; 1N1:NrE SOUII( 83'1.3'00" FAST ALONG TNT: IANI:Eatr 'its SAIII CURVE AND CUNTANUING ALUM; THE SOUiHF.PLY HICIil' -OF -WAY LINE. .OF SAID H11RNS RUAU, A DISTANCE OF 259.67 FEET 10 111E POINT OF DEGINNINU. CONTAINING IN ALL 7.65 ACRES, HURE OR LESS. FXll 1 R T T A �a�A' '?, c1'c- � of 3 _% R8 6 tb J `t r y t %_j _j ' i awl A PARCEL. OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY. FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: C%. MENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY AND THE EAST -WEST QUARTER SECTION LINE OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88'38'13• EAST, ALONG SAID EAST WEST QUARTER SECTION LINE. A DISTANCE OF 51.86 FEET TO A POINT '(ACCORDINO TO THE RIGHT OF WAY AND TRACT MAP OF THE FLORIDA EAST COAST RAILWAY CO., SAID CENTER LINE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY BEARS NORTH 14.01'00" WEST AT THIS POINT AND ALL ORHER BEARINGS STATED KERETN ARE RELATIVE THERETO); THENCE NORTH 75'59'01' EAST A DISTANCE OF 131.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 15'22'45•; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; THENCE SOUTH .88'38'15' EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 61656 FEE I TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6.48'15'; THENCE EASTERLY. ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; THENCE NORTH 84.33'30' EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 631.81 FEET TO A POINT; THENCE SOUTH 05'26'30' EAST A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL, SAID POINT SE1ti0 ON THE SOUTHERLY RIGHT -OF -WAY LINE OF BURNS ROAD (60 FEET RIGHT. OF -WAY); THENCE CONTINUE SOUTH 05'26'30' EAST, DEPARTING FROM SAID SOUTHERLY RIGHT -0F -WAY LINE, A DISTANCE OF 219.16 FEET TO A POINT; THENCE NORTH 84'33'30" EAST A DISTANCE OF 3788 FEET TO A POINT, THENCE SOUTH 50'53'08' EAST A DISTANCE OF 23.32 FEET TO A POINT. THENCE NORTH 84'3330' EAST A DISTANCE OF 52.8 FEET TO A POIM; THENCE NORTH 05'2600' WEST A DISTANCE OF 235.44 FEET TO A POINT, SAID POINT BEING ON THE SOLMMRLY RIGHT -OF -WAY LINE OF SAID BURNS ROAD AND LYING ON THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 943.91 FEET, A CENTRAL ANGLE OF 00'457?' AND A RADIUS BEARING AT THIS POINT OF SOUTH 04'41'03' EAST, THENCE WESTERLY, ALONO THE ARC OF SAID CURVE AND ALONG THE SOUTHERLY RIGHT -0F -WAY LIME OF SAID BURNS ROAD. A DISTANCE OF 12.48 FEET TO THE POINT OF TANGENT OF SAID CURVE; THENCE SOUTH 34'33'30' WEST, CONTINUING ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID BURNS ROAD. A TANCE OF 94.90 FEET TO THE POINT OF BEGINNING. PARCEL *C@ AREA. 0.56 ACRES, MORE OR LESS. TOTAL NET AREA OF PARCELS 'A', 'B', AND 'C: 22.I2 ACRES, MORE OR LESS. SUBJECT TO RIGHTS -OF -WAY, EASEMENTS AND OTHER MATTERS OF RECORD. EXHIBIT PALM OEOACH COUNTY.. FLA JOHN 8. OUNKLE _ January 18, 2001 ORDINANCE 35, 2000 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM TENET OF SOUTH FLORIDA HEALTH SYSTEMS FOR AN AMENDMENT TO THE PALM BEACH GARDENS MEDICAL CENTER PLANNED UNIT DEVELOPMENT WHICH WAS ORIGINALLY APPROVED BY ORDINANCE 28, 1991 AND WAS SUBEQUENTLY AMENDED BY RESOLUTION 92, 1992, RESOLUTION 3, 1995 AND ORDINANCE 26, 1995; APPROVING A CHANGE IN USES OF 81,600 SQUARE - FEET OF PREVIOUSLY APPROVED UNBUILT 'MEDICAL CENTER USES LOCATED AT THE SOUTHEAST CORNER OF BURNS ROAD AND GARDENS EAST DRIVE, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from TENET of South Florida Health Systems for an amendment to the Palm Beach Gardens Medical Center Planned Unit Development which was originally approved by Ordinance 28, 1991 and was subsequently amended by Resolution 92, 1992, Resolution 3, 1995 and Ordinance 26, 1995 in order to change uses within 81,600 square feet of previously approved, yet unbuilt, Medical Center uses; and WHEREAS, the 22.12 acre Palm Beach Gardens Medical Center site, located at the southeast corner of Burns Road and Gardens East Drive, as more particularly described in Exhibit "A ", is currently zoned Professional Office with a Planned Unit Development Overlay Zone; 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 amendment of the Planned Unit Development (PUD) known as the Palm Beach Gardens Medical Center; and 13 WHEREAS, the City's Planning and Zoning Commission has reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to the "Palm Beach Gardens Medical Center" PUD, located at the southeast corner of Burns Road and Gardens East Drive, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit a change in uses of 81,600 square feet of previously approved, yet unbuilt, medical center uses to allow for the construction of a 37,500 square foot medical office building, the addition of 30 hospital beds, the expansion of operating rooms, the intensive care unit, and the mechanical, storage and service areas. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: (1) Prior to Construction Plan approval, the applicant shall submit the original SFWMD permit. (City Engineer) (2) Prior to issuance of first building permit, the applicant shall submit a Boundary Plat of the subject site to the City for review and approval. The plat shall be recorded prior to the issuance of the first building permit. (City Engineer) (3) Prior to the issuance of first building permit and within 6 months of the issuance of the Development Order, the applicant shall enter into a Public Facilities Agreement (PFA) with Palm Beach County. The PFA will be for the widening of Alternate A1A from RCA Boulevard to the new Loop Road from four -lanes to six - lanes. (City Engineer) (4) Prior to commencement of construction of the widening (to six lanes) of Alternate Al A from RCA Boulevard to the new Loop Road and construction of the PGA Boulevard /Alternate A1A interchange, total development shall generate no more than 904 new daily trips. (City Engineer) (5) All unsatisfied conditions of approvals deriving from Ordinance 28, 1991 and Ordinance 26, 1995, to the extent not modified 14- herein, remain in full force and effect. (Planning & Zoning) (6) The build -out date of this project is December 31, 2010 as referenced in the September 29, 2000 traffic impact analysis. For the purposes of this condition, the project shall be considered built -out if all building permits have been issued and the applicant is actively engaged in the development of the site. (Planning & Zoning) (7) All landscaping within the Burns Road right -of -way adjacent to the subject site shall be irrigated and maintained by the petitioner- in accordance with the Land Development Regulations. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. Number of Parking Spaces Required — Section 180, which requires 298 parking spaces based on 2 spaces per bed (30 beds proposed), I space per 200 s.f.. Medical Office Building (37,500 s.f. proposed), 1 space per 250 s.f. medical laboratory (12,000 s.f. proposed), 1 space per 2,000 s.f. warehouse (3,300 s.f. proposed), to allow for 255 spaces, a deficit of 43 spaces. 2. Minimum width for parking spaces — Section 179, which requires 10 -foot wide parking spaces, to allow for 9 -foot wide parking spaces. 3. Number of Wall Signs — Section 136, which allows for one wall sign per building /principal tenant, to allow for 4 wall signs on Hospital Building and 2 wall signs on Medical Office Building. 4. Number of Ground Signs — Section 136, which allows for 3 monument signs, 7 entrance /exit signs, and three directional signs, to allow for 13 directional signs. 5. Maximum Building Height in Public /Institutional is 45 feet, to allow for 49- foot high Medical Office Building. 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: Official Exhibits: 1. 9/18/00 Cover Sheet/index of Drawings 2. 1/9/01 Master Plan, Oliver Glidden Partners 3. 11/14/00 Alternate Master Plan, 10' wide hospital use stalls, Sheet A1.0a 4. 11/13/00 Alternate Master Plan (without 43 spaces, Sheet A1.0b 15 5. 11/13/00 Master Phasing Plan, Sheet A 1.1 6. 1/9/01 Signage Plan, Sheet A1.2 7. 5/1/00 Radiology Addition, Sheet A2.0 8. 5/1/00 Mechanical and Electrical Additions, Sheet A2.1 9. 5/1/00 3'd Story Hospital Addition, Sheet A2.2 10. 5/1/003 rd Story Hospital Addition, Sheet A2.3 11. 11/21/00 Medical Office Building, Sheet A3.0 12. 5/1/00 Medical Office Building, Sheet A3.1 13. 5/1/00 Medical Office Building, 2nd and 3rd Floor Plan, Sheet A3.2 14. 5/1/00 Roof Plan, Sheet A3.3 15. 9/8/00 Building Elevations, Sheet A3.4 16. 11/14/00 Burns Road Street Elevation (M.O.B.), Sheet A3.4a 17. 9/8/00 Building Elevations, Sheet A3.5 18. 9/8/00 Loading /Storage, Material Management, Sheet A4.0 19. 9/8/00 Building Elevation, Sheet 5.0 20. 11/14/00 Lighting Plan, Sheet SPE 21. 11/21/00 Landscape Plans, Environmental Design Group, Sheets 1 -7 22. 11 /27/00 Conceptual Drainage Plan, Kimley Horn, Sheet CDP 1 23. 1/21/00 Boundary and Topographic Survey Supportinq Documents: September 29, 2000 Traffic Impact Analysis, Kimley -Horn. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS � -4 DAY OF-De 2000. PLACED ON SECOND READING THIS / `' DAY OF F,--n 2001. PASSED AND ADOPTED THIS / Sf DAY OF F � 2001. 16- MAYOF� ERIC JABLIN MWOMAN LA N FURTADO `G�OUNCI AN AVID CLARK COUN ILMAN CARL SABATELLO ATT ST BY: CAROL GO ,CMC CITY CLERK APPROVED A TO LEGAL FORM AND FFIC E CY BY: CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO i VICE MAYOR JABLIN i COUNCILMAN CLARK COUNCILWOMAN FURTADO / COUNCILMAN SABATELLO GAShort Range \pud9907or.doc 17 'na EXHIBIT A Legal Description of the Property ��-.j-, , , _ __ - PARCEL A: A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOU111, RANGF, 43 FAST, PALM BEACH COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF 111E CENTER LINE OF THE. FLORIDA EAST COAST RAILWAY RIGHT OF WAY AND THE EAST -WEST QUARTER SECTION LINE. OF SECTION 7, TOWNSHIP 42 SOUTH. RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88'38'15" EAST, ALONG SAID EAST -WEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT OF WAY AND TRACT MAP OF THE FLORIDA EAST COAST RAILWAY CO., SAID CEN1'F.R LINE OF THE FLORIDA EAST COAST RAILWAY RIGIrr OF WAY REARS NORTH 14.01'00" WF;ST AT 1111S FOINT AND ALL OTHER BEARINGS STATED HEREIN ARE RELATIVE 111F:RETO); THENCE NORTH 75'59'01" FAST A DISTANC:F OF 131.00 FEET TO THE BEGINNANG OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET' AND A CENTRAL ANGLE OF 15'22'45 "; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88'38' 15" FAST ALONG TIIF, TANGENT TO SAID CURVE, A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6'48' 15 "; T11F.NCE F,ASTF.RLY, AII)N(; TIIF, ARC OF SAID CURVE, 'A DISTANCE OF 199.76 FEET TO TIIF END OF SAID CURVE.; 11IENCE NORTH 8433'30" EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 631.81 FEET TO A MINT; TIIENCE SOUTH 05'26'30" EAST A DISTANCE OF 30 FEET TO T11F. POINT OF BEGINNING OF 'TIIE HEREIN DESCRIBED PARCEL, SAID POINT BEING ON THE SOUTHERLY RIGHT -OF -WAY LINE OF BURNS ROAD (60 FEET RIGHT -OF -WAY); THENCE CONTINUE SOUT11.05'26'30" EAST, DEPARTING FROM SAID SOUTHERLY RIGHT -OF -WAY LINE, A DISTANCE OF 219.16 FEET TO A POINT; THENCE NORTH 84.33'30" EAST A DISTANCE OF 37.88 BEET TO A POINT; THENCE SOUTH 50'53'08" EAST A DISTANCF OF 23.32 FEET TO A POINT; THENCE NORTH 84'33'30" EAST A DISTANCE OF 52.88 FEET TO A POINT,, THENCE NORTH 05'26'30" WEST A DISTANCE OF 29.75 FEET TO A POINT; THENCE NORM 84.33'43" FAST A DISTANCE OF 17.43 FEET TO A POINT; THENCE SULMI 49.48'48" EAST A iDISTANCE OF 71•.82 FEET TO A POINT; THENCE NORTH 84'01'26" EAST A DISTANCE OF 1;23.89 FEET TO A POINT; THENCE SOUTH 05'26'30" EAST A DISTANCE OF 751.93 FEET TO A POINT, SAID POINT BEING; ON THE NORTH LINE, OF THE PLAT OF MERIDIAN PARiK, AS RECORUEU IN PLAT BOOK 28, AT PAGE 51, PUBLIC RECORDS OF PALM BEACH COUNTY, FLORIDA; TIIE.NCE SOUTH 75'57'05" WEST, AILING THE NORTH LINE OF SAID PLAT OF MERIDIAN PARK, A DISTANCE OF 565.68 FEET TO A POINT, SAID POINT BEING THE NORTHWEST CORNER OF SAID PLAT OF MERIDIAN PARK. SAID POINT ALSO BEING ON TIIF. EASTERLY RIGHT -OF -WAY LINE OF GARDEN EAST DRIVE (60' RIGHT -OF -WAY); THENCE NORTH 14'02'55" WEST, ALONG THE EASTERLY RIGHT -OF -WAY LINE OF SAID GARDEN EAST DRIVE AND DEPARTING FROM THE HOR111 LINE OF SAID PLAT OF MERIDIAN PARK, A DISTANCE OF !U75.92 FELT TO A POINT OF CURVE CONCAVE IU 111E SOUTHEAST, HAVINt, A RADIUS OF 25.0 FEET AND A CENTRAL ANGLE, OF 98'36'25 "; T11ENCF, NOR111F.RLY, NORTHEASTERLY AND EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 43.02. FEET TO THE END OF SAID CURVE, SAID POINT BEING ON T1IE'SOUIIIERLY RIGHT -OF -WAY LINE OF SAID BURNS RUADI THENCE NORTH 84'33'30" EAST ALONG THE TANGENT TO SAID CURVE AND ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID BURNS ROAD, A DISTANCE OF 396.69 FEET TO THE POINT OF BEGINNING. CONTAINING IN ALL 13.91 ACRES. MORE OR LESS. - al m btr',�* I aF 3 R8 6634 P9 �0 PARCEL B: A PARCEI, OF LAND LYING IN SF(:IION 7, 1OWIIS111P 42 SOU 111. RAMA'. 41 FAST, FALi BEACII COUNTY, FLORIDA, BEING MORE PARTICULARLY DI:SC:RIBED AS FOLLOWS: COPUIENCING AT 1IIF. F() 111 OF 1111F.RSFCIIIIN (1F 1111'. (:FNTE:R LINE (IF TI1F• FLORIDA FAST COAST PAII WAY RI Gil f (1I' WAY ANTI 1111: FAS'l- WEST 011AFTER Sl:( "PION LINT: OF SECTION 7, 'FOW'NSilllV 42 5011111, RAIIGF. 43 F.A:', I'Altl I(PA('ll C0111111. FLORIDA; 1III:NCE SU0111 88.38' IS" F.ASF, AHING SAID F.AS1'- WF,SI' QUARTER `:ICTIUN 1.111K, A DISTANCE OF 51 .80 FF.El' 1 U A I'Ol t1l- (A(;CURUING 'I 11 TIIF. R I GII r OF WAY Atli) TRACT HAP OF 111E FLORIDA FAST CUA : r RAILWAY CU.. SAID Cl;tfriat, LINE OF 111E FI.OR I DA EAST COAST RAILWAY RIGIIF OF WAY DEARS NUP.IIt 14 °01'00" WEST AT HIS I'OIN1' AND ALL OTHER 8EARINGS S1ATEII IIF.REIN APE. RELATIVE IIIF.RETO); IHENCE NORM 75'59'Ui" FAST A DISTANCE. OF 131 .OU FEEF TU TIIE BEGINNING OF A CURVE' C:OtICAVF. 10 111E SOUTH, IIAVIt1G A RADIUS OF 283.37 FEF'r AND A GI;NTRAI, ANGLE OF 15'22'45 ", TIIFIICE EASIERIJ, ALONG THE ARC OF SAID CURVE. A 1.115l'AUC1 OF 76.06 FEET TO TIIE END OF SAID CURVE; 111F.NCE SOU111 88'38'15" F.AS'r ALONG: 111E TAIIGFNT TO SAID CURVE, A DISTANCE, OF 616.56 FEEL' 10 THE BECINNING OF A CARVE CONCAVE TO THE NORTII, IIAV(NC A RADIUS OF 1682.15 FEET ACID A CENTRAL ANCLF OF 6'413'15 "; THFUCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTAIICF OF 199.76 FEET TO 11IF. END OF SAID CURVE; 111FtICF, NORTII 84'33'3U" EAST ALONG TIIF TANGENT TO SAID CURVE, A DISTANCE OF 726.71 FEET TO TIIE Ilf "GINNING OF A CURVE CONCAVF. TO THE SOU 111, HAVIlk. A RAIMIS (IF 973.91 FF•FT AND A ('F.NIRAL Atl(.:1.F• OF 11'43'31 THENCE EASTERLY. ALUM: TIIE ARC OF SAID CURVF. A DISIAIII;F. OF 199.30 FEET TO TIIF F.tID OF SAID CURVE; THENCE SOUlll 83'43'00" EAST AI,(III1: 111E TAIIC:ENT TO SAID CURVE, A DISTANCE OF 248.55 FEET 10 A POINT; 1IIE.NCE S0(I111 14 *02'55" EAST A DISTANCE, OF 31.99 FEET TO T11F PUIt1r OF BEGINNING OF 111E HEREIN DESCRIBED PARCEL, SAID r(IINT BEING ON TIIE SOUTHERLY RIGHT -OF -WAY LINE OF BIMNS ROAD (60 FFFT RI(._II1- OF -WA1), SAID PU1t1T A1s0 BEING 111E NORIIIWF.ST CORNER OF THE P1.A1 OF SAH0ALL;f!0D FSTAIFS. AS FECOPPED III PLAT 110M 32, Al- PAGES 167 11IROUGH 171, PUIII.IC: Fr(:nR11c CF VA111 11FA(:I1 C01114Y. F1.0R1DA: 111F.11(:F. C('III-IIIUF• SU1r111 14401'55" FAS f AI•(It1(; 1111: >^TS r LINE. OF SA 1 D I'LAT OF FANIIAI.W(I(ID FS I A I FS; A DISTANCE OF V88.06 FEET• TU A rOIN f , SAID rOl11T IIF i N(; .'111F. NIIR 1IIl:A':1' C(IRI46 OF THE PLAT OF HFRIDIAll PAP•K, AS RF.CORUED IN PLAT BOOK 28, AT PACE 51, I'LIBLIC RECORDS OF PA111 BEACH COUNTY, FLORIDA; TIIENCE SOU"111 75 °57'(15" uFSr, ALONG TIIF. NORTH LINE OF SAID PLA'r OF MERIDIAN PARK AND DEPARTING FROM TIIF WFS r 1.11117 OF SAID PLAT OF SAIIUALWM0 ES'rATFs, A DISTANCE OF 379.32 FEET 1'0 A rOlF1r; 'IIIFNC;F. NORTH 05926'30" WEST. UEPARTI tIG FROI1 THE NORM 1,111F. OF SAW D 1'LA r OF HFR 1 THAN PARS;, A DISTANCE. OF 751.9; FEET TO A romr; 11IENCF SO11111 WEST A DISTANCE OF 123.89 FEET 10 A POINT- THENCE NURT11 49 °48'48" WFST A VISFAtICF OF 71,82 FEET TO A POIt1r; 11iEHCE SUU111 84'33'43" WEST A DISTANCE: (IF 17.43 FEF.r --TO A POINT; THENCE NORTH 05 °26'30" WEST A DISTANCE OF 205.69 FE17T TO A MINT LYIIIG ON 111E ARC OF A CURVE CONCAVE TO 711E SOUTH, HAVING A RADIUS OF 941.91 FEET. A CENTRAL ANGLE OF 10058'03" AND A RADIAL BEARING AT lilts I'OIFI' OF SOUTH 04.41'03" WEST, SAID POINT ALSO PEING ON WE SU11111FRI,Y RIGIIF -OF -WAY LINE OF SAID BURNS ROAD; 1111'.11CF. FA STEPLY, ALONG 111E ARC: OF SAID CURVE Atli) 1111: SOUTHERLY R IGII r -OF -WAY LINE OF SAID PURNS ROAD, A DI STANCE OF I lul, hf1 f II:r TO 111F; LNU O SAIU LURVF; IM:H( :E S'IUlll '4 " x'11"' Y'rr.•r'rrr 'rr� � 111 Q.1 ) (1(1 'r.A51 ALVI;G Ilrl• I/�r�•n •r.r r, • CURVE AND CONTINUING ALONG THE SOU111F.PLY R1l:Ill' -OF -WAY LINE. OF "'AID I111RNS RUAU, A DISTANCE OF 259.67 FEET 10 111E POINT OF BEGINNING. CONTAINING IN ALL 7.65 ACRES, FIURE OR LESS. EXHIBIT A �al m -5 r1-c- ':Co1' A PARCEL OF LAND LYING IN SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA. BEINO MORE PARTICULARLY DESCRIBED AS FOLLOWS: C%— LMENC1NG AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY AND THE EAST-WEST QUARTER SECTION LINE OF SECTION 7, TOWNSHIP 42 SOUTH, RANGE 43 EAST, PALM BEACH COUNTY, FLORIDA; THENCE SOUTH 88'38'15' EAST, ALONG SAID EAST- WEST QUARTER SECTION LINE, A DISTANCE OF 51.86 FEET TO A POINT (ACCORDING TO THE RIGHT OF WAY AND TRACT MAP OF THE FLORIDA EAST COAST RAILWAY CO.,. SAID CENTER LINE OF THE FLORIDA EAST COAST RAILWAY RIGHT OF WAY BEARS NORTH 14.01'00' WEST AT THIS POINT AND Ar_J- OTiER BEARINGS STATED HEREIN ARE RELATIVE THERETO); THENCE NORTH 75'59"01' EAST A DISTANCE OF 131.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 283.37 FEET AND A CENTRAL ANGLE OF 15'22'45'; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE A DISTANCE OF 76.06 FEET TO THE END OF SAID CURVE; THENCE SOUTH 88.38'15' EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 616.56 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 1682.15 FEET AND A CENTRAL ANGLE OF 6'48'15'; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 199.76 FEET TO THE END OF SAID CURVE; THENCE NORTH 84'33'30' EAST ALONG THE TANGENT TO SAID CURVE, A DISTANCE OF 631.81 FEET TO A POINT; THENCE SOUTH 05'26'30' EAST A DISTANCE OF 30 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. SAID POINT BEING ON THE SOUTHERLY RIGHT-OF-WAY LINE OF BURNS ROAD (60 FEET RIGHT. OF-WAY), THENCE CONTINUE SOUTH 05'26'30' EAST, DEPARTING FROM SAID SOUTHERLY RIGHT -00•WAY LINE, A DISTANCE OF 219.16 FEET TO A POINT, THENCE NORTH 84'33'30" EAST A DISTANCE OF 37.88 FEET TO A POINT, THENCE SOUTH 50'53'08' EAST A DISTANCE OF ,23.32 FEET TO A POINT THENCE NORTH 84'3330' EAST A DISTANCE OF 5258 FEET TO A POINT; THENCE NORTH 05'26'30' WEST A DISTANCE OF 235.44 FEET TO A POINT, SAID POINT BEING ON THE SOUTHERLY RIGHT- OF -WAY LINE OF SAID BURNS ROAD AND LYING ON THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 943.91 FEET, A CENTRAL ANGLE OF 00' 45'27' AND A RADIUS BEARING AT THIS POINT OF SOUTH 04' 41'03' FAST. THENCE WESTERLY, ALONG THE ARC OF SAID CURVE AND ALONG THE SOUTI-{ERLY RIGHT.OF•WAY LINE OF SAID BURNS ROAD, A DISTANCE OF 12.4 FEET TO THE POINT OF TANGENT OF SAID CURVE: THENCE SOUTH 84.33'30' WEST, CONTINUING ALONG THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID BURNS ROAD. A TANCE OF 94.90 FEET TO THE POINT OF BEGINNING. PARCEL •C AREA 0.56 ACRES, MORE OR LESS. TOTAL NET AREA OF PARCELS 'A', 'B', AND 'C: 2112 ACRES, MORE OR LESS. SUBJECT TO RIGHTS- OF-WAY, EASEMENTS AND OTHER MATTERS OF RECORD. EXH i H f T A PALM eF_OACO VZ- COUNTTY.. FLA iOHN 8. OUNKLE PALM BEA(H GARDENS Medical Center Tenet South Florida Health System 3360 Burns Road Palm Beach Gardens, FL 33410 Tel 561.622.141 1 October 3, 2001 Ed Tombari Senior Planner City of Palm Beach Gardens Planning and Zoning Division Groxvth Mananement Department 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 RE: Response to September 27, 2001 request for additional information, PUD -10 -12 Palm Beach Gardens Medical Center Amendment to Development Order Mr. Tombari; Thank you for your letter of September 27`h advising us of needed information for Palm Beach Gardens Medical Center's development application. In response please find the following: (1) Traffic Statement indication that the cumulative trips generated by the third floor tower, ICU, Women's /Outpatient Radiology Center do not exceed the number of trips allowed Palm Beach Gardens Medical Center before a requirement to expand Alternate A 1 A from RCA Boulevard to the Loop Road.. I have attached a letter dated September 29, 2000 from Joe Pollock of Kimley -Horn and Associates, Inc., the author of the Traffic Impact Analysis used to support Ordinance 35, 2000. Mr. Pollock states in his letter that "up to 257,060 square feet of hospital and 26,000 square feet of medical office may be constructed prior to the construction of the six lane section" of Alternate A 1 A from RCA Bouievard to Loop Road. The Hospital encompassed 200,000 square feet upon approval of Ordinance 28, 1991 and subsequent Amendments via Resolutions. This was the foundation for our most recent PUD AmanrtmPnt annroved in Fehninry The Rndinlnov third flnnr ICTI and neencinted cnnnnrt spaces includes 36,000 square feet of construction and 16,400 square feet of expansion has been completed since original PUD approval for a total of 252,400 square feet. Palm Beach Gardens Medical Center is not pursuing the construction of any medical office building space and with a total of 252,400 square feet developed and proposed we are well below the 257,060 square feet of hospital and 26,000 square feet of medical office calculated by Kimley- Horn that could be built prior to the need for the expansion of Alternate AIA due to our construction. 011 IN I I. SOUTH FLORIDA HEALTHSYSTEM (2) A waiver request and justification narrative from the requirement of Section 78 -446 of the Land development Regulations, requiring that all property be platted prior to issuance of a building permit. We believe that the Medical Center is an important community resource and this renovation and expansion will further enhance our ability to serve the Palm Beach Gardens community. The construction of this project will require approximately 12 months to complete and it is important that we be able to begin at the earliest possible date in order to ensure prompt delivery of services prior to the busy seasonal period. In order to commence the process, we understand that a plat must be submitted in accordance with Section 78 -446 and Section 78 -447 of the Palm Beach Gardens Code of Ordinances and that normally the plat is a specific condition to obtaining a building permit. Additionally, Condition (2) of Ordinance 35,2000 of the City of Palm Beach Gardens required that a boundary plat be submitted and recorded. With respect to the aforementioned land development regulations and Condition (2) of Ordinance 35, 2000, we request that the City of Palm Beach Gardens accept the submittal of the plat and allow it to proceed through the approval process concurrently with the submission of the construction plans for the projects permits and the mobilization in their beginnings. I understand that this will not require a waiver of the regulations and with the proposed minor modification to Ordinance 35,2000 we will save several valuable months of time in bringing an important project to the community and have it in place prior to season of 2003. We have proposed language to amend the condition that a plat be completed prior to the issuance of a Building Permit that would continue to preserve the interest of the City and provide significant motivation for Palm Beach Gardens Medical Center to complete the process in a timely manner or the Certificate of Occupancy would be withheld by the City of Palm, Beach Gardens. I hope that this adequately addresses the issues you have raised in you letter of September 27`h Please feel free to contact me directly if you have any questions, suggestions, or concerns that would delay this development application from moving forward as quickly as possible. Sincerely; Michael E. Jensen, Chief Opera ing Officer Palm Beach Gardens Medical Center Attachments: September 29, 2000 Letter from Kimley -Horn voi wv�vi ii.LU rnn JULOULJ(UJ Kimley -Horn and Associates, Inc. Memorandum Date: September 29, 2000 To: Ed Oliver /r From: Joseph B. Pollock, Jr., P.t... G' Re. Palm Beach Gardens Medical Center PUD Expansion Palm Beach Gardens, Florida 040512003 4/ As authorized, Kimley -Horn and Associates, Inc. has addressed the City's comments on the traffic impact analysis for the referenced site. The City's traffic consultant has been very cooperative in working with us to find a solution for the traffic issues for the Medical Center. However, the County and the City's consultant were unable to agree on a method by which the Medical Center can avoid our major concern — the widening of Alternate AIA from RCA Boulevard to Loop Road (Loop Road is to be constructed as part of the new PGA Boulevard/Alternate AIA interchange). The intersection improvements identified in previous reports are no longer necessary. However, in order for the proposed expansion of the Medical Center to meet the concurrency requirements of Palm Beach County, Alternate AIA from RCA Boulevard to Loop Road must be widened to six lanes. Our concern with this requirement is the expected cost of this improvement. The cost for drainage improvements associated with the widening could be significant. As a requirement of this development, the County normally requires the funds for design and construction of the widening to be placed in an escrow account within six months of development approval. LO 002 4431 Embarcadero Drive West Palm Beach, Florida 33407 We have identified two other projects that require the widening of this roadway segment: Parcel 5B located in the southwest quadrant of PGA Boulevard and �A 1+ :�,te A 1 A u� �i Dar�nl C A ; *i tl�o nnrth.xr�54 minArant of P(TA RmilPynrii nnri n Alternate AIA. Parcel 5B has been approved by the City and County without the requirement of widening Alternate AIA from RCA Boulevard to Loop Road. However, in working to rind a solution for the Medical Center, we found that a mistake was made in the traffic report for Parcel 5B, and the widening should have been a condition of approval. We have spoken with County staff about this matter, and they will likely reconsider their approval of the study. This is possible because the developers of Parcel 5B have exceeded the timeframe given to sign an Adequate Public Facilities Agreement. Parcel 5A to the north has not yet been approved, but will also require the widening of Alternate AIA. The requirement TEL 561 845 0665 FAX 561 863 8175 V:7/ LV/ V1 1.1. L/ rAA JUIOOLJ/ VJ ❑�� Kimley -Horn and Associates, Inc. Mr. Ed Oliver. September 29, 2000, Page 2 of widening Alternate AlA for Parcels 5A and 5B presents an opportunity for the Medical Center to share the cost of design and construction. The expansion of the Medical Center will have to be phased to,the construction of the six -lane section on Alternate AIA. Up to 257,060 square feet of hospital and 26,000 square feet of medical office may be constructed prior to the construction of the six -lane section. We have extended the buildout of the Medical Center in our analysis to 2010 in order to allow the Medical Center flexibility to wait for the widening to take place and to match the ever changing needs of providing medical services. Please feel free to call me if you have any questions. JBP /lem P 10405/12003 /092900co.doc lf/. 0Uj PALM BEA(H GARDENS Medical Center Tenet South Florida HealthSystem 3360 Burns Road Palm Beach Gardens, FL 33410 Tel 561.622.1411 September 14, 2001 Ed Tombari Senior Planer City of Palm Beach Gardens Planing and Zoning Division Growth Management Department 10500 N. Military Trail, Palm Beach Gardens, Florida 33410 Mr. Tombari; _IWrtiII�u� J_ �C��J Please find attached a completed Development Application from Palm Beach Gardens Medical Center requesting an Amendment to a recently approved PUD. The application is not requesting any changes to the proposed distribution of approved square footage or use of space. The application requests modifications to the terminology used to outline conditions of approval. On February 1, 2001 the City Council approved Ordinance 35,2000 which addresses proposed amendments to the Palm Beach Gardens Medical Center Planned Unit. Development originally approved by Ordinance 28, 1991 and subsequently amended by Resolution 92, 1992 Resolution 3, 1995 and Ordinance 26, 1995. The City Council's approval was subject to certain conditions. Two of the conditions were the submission of a Boundary Plat and the creation of a Public Facilities Agreement with Palm Beach County. The terminology used to described these two conditions prescribed that they be completed `prior to the issuance of the first building permit and within six months of the Development Order'. We have been working diligently to complete these requests. The Plat is essentially complete however the Palm Beach County Attorney is projecting another two to three months before they will be able to address this issue. To meet the needs for which these projects are intended to address we need to begin immediately. We are prepared io commence four major projects described in the PUD including the creation of new parking spaces and campus drainage, the expansion of the third floor tower, the construction of a new 12 bed ICU, and the development of the Women's /Out Patient Radiology Center. All of these projects are at a state that we are ready to request building permits from the city. The projects have been approved by AHCA, the capital has been obtained, and contractors are lined up to begin consruction. We are concerned about getting these projects in place as soon as possible in order to appropriately meet the healthcare needs of the citizens of our growing community. duo -1) c — i a'- - P' � _Vv 'A c .e-- kw- - -.i,- SOUTH FLORIDA HEALTHSYSTEM It is not our intention to avoid the conditions of approval but to modify them in such a way that construction may commence in order that they may be completed and in place as soon as possible. The parking, drainage and Radiology projects are scheduled to begin immediately so that we may improve these services for this upcoming season. The Third Floor and'ICU would begin shortly following the start of the others to attempt to have them completed prior to the following season. We have proposed language to amend the conditions that would require their satisfaction prior to the issuance of a Certificate of Occupancy from the City of Palm Beach Gardens. We hope that this amendment would be able to be addressed promptly by going directly to the next City Council meeting for approval. Please feel free to contact me directly if you have any suggestions, questions or concerns regarding our proposal. We appreciate your assistance in this matter. Sincerely Michael E. Jensen,`Chi perating Officer Palm Beach Gardens Medical Center cc Bahareh Keshavarez TA I v a� b. P AN a� CtS O LO O t� L CL a L U a� N U 0 0 M 70 C M r o O �V L 00 N N cc L� 4 LL 1 CD Q CD a en ,R5 4 C cc MMO) cu E as El r. 0 ♦Q O O i' LL ® Kimley -Horn and Associates, Inc. August 15, 2001 04736000 Ms. Bahareh Keshavarz City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 Re: Palm Beach Gardens Medical Center Ordinance 35, 2000 Section 2. (3) Public Facilities Agreement Update Dear Ms. Keshavarz: Kimley -Horn and Associates is currently working with Palm Beach Gardens Medical Center and Palm Beach County in order to assist in the development of a Public Facilities Agreement (PFA) as stipulated in the Palm Beach Gardens Ordinance 35, 2000, adopted February 1, 2001. Pursuant to the ordinance, the PFA will be for the widening of Alternate A I A from RCA Boulevard to the new Loop Road from four -lanes to six - lanes. Michael Greene of Blank Rome Comisky & Mc Cauley, is providing legal counsel for Palm Beach Gardens Medical Center and is also working with Dan Weisberg of Palm Beach County in preparing and finalizing the PFA. Per Dan Weisberg, the county will need approximately 2 to 2 -1/2 months to review the PFA prior to the submission to the Board of County Commissioners. We anticipate the overall process to complete the Public Facilities Agreement in the normal course will take approximately 3 -1/2 months. The County is simultaneously working with other property owners in the vicinity to finalize PFA's relative to their respective road segments. Please contact me at 561/794 -4088 with any questions or concerns you may have. Sincerely, KIooM�L //EY -HORN AND ASSOCIATES, INC. (Alw Christopher D. Ralph cc: Ed Tombari cc: Mike Jensen (561) 694 -7160 cc: Michael Greene (561) 417 -8101 cc: Rocky Biby TEL 561 562 7981 \ \DOGBERT\VOL1 \PROJECT\PROJEC' 1147360000 \WP \Corresp \PFA_Letter.doc FAX 561 562 9689 Suite 400 601 21st Street Vero Beach, Florida 32960 PAGE 02 10/18/2001 11:09 5613552090 Depactmant of 8ngiereedng and Public works P.0. Box 21229 West Palm Beach. Fl 33416 -1229 (56)) 694.4000 www.co.palm-beachAus ■ rate Beach County Board of County Commissioners Warren H. Newell. Chairman Carol A. Roberts, Vice Chair Karen 1: Marcus many McCarcyr Burt Aaronson Addis L county Adinxialz otw Robart We4ssean 'An Squat opportunity Ao rmadve Aerion Employer' 50 pt0ted on rocycledpoper October 17, 2001 Mr. Ed Tombari, AICP, Senior Planner City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 -4698 RE: Alternate AIA - Public Facilities Agreement (PFA) Palm Beach Gardens Ordinance 35,2000 - Palm Beach Gardens Medical Center and others Dear Mr. Tombari: We understand that the City of Palm Beach Gardens has requested confirmation from Palm Beach County that the County does not object to the extension of the time for finalizing the PFA under the aforementioned Ordinance with respect to the Alternate A,IA widening project. This letter will confirm that the County does not object to the extension of time for finalizing-the PFA. This would apply to the Palen Beach Gardens Medical Center, as they have brought this issue to our attention. In addition, we have no objection to an extension for the other developments that are to be part of the joint Pl~A- The PFA continues to be negotiated with all time parties involved in the Alternate Al widening and we anticipate that it should be approved within the next 90 days. At this time, any extension should not extend past February 1, 2002. Sincerely, George T. Webb, P.E. County Engineer PC: Charlie Walker, Director, Traffic Division Mariene Everitt, .Assistant County Attorney CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: October 31, 2001 Meeting Date: November 15, 2001 Subject/Agenda Item: Resolution 169, 2001 — Education Advisory Board Appointments /Reappointments Recommendation /Motion: Motion to adopt Resolution 169, 2001 - Education Advisory Board Appointments /Reappointments Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Education Advisory (Total) Board Liaison Vice Mayor Eric Jablin City ney [ ] Approved $ 0 [ ] Approved w/ Current FY conditions ACM [ ] Denied Other Funding Source: [ ] Continued to: Advertised: Attachments: Date: [ ] Operating Paper: [ X ] Not Required [ ] Other Memorandum Sub. pitted by: City Clerk Affected parties [ ] Notified Budget Acct. #: [ ] None Approv by: City Man er [ X ] Not required BACKGROUND: All terms of the Education Advisory Board members have expired. TO: Mayor and Members of the City Council DATE: November 1, 2001 APPROVED: Sheryl Stewart, Assistant to the City ManagereL� FROM: Carol Gold, City Clerk C/ SUBJECT: Education Advisory Board The terms of all members of the Education Advisory Board have' been expired. The Board met on October 10, 2001 and agreed upon presenting to the City Council recommendations for appointments /reappointments as follows: Regular Members Wayne Anderson Anne S. Berg Ilene Gerber Judith Hanrahan Nancy Krause -Laurie Leslie Millar James Panoch Ron Sadaka Charlotte Schiff Murtaza Kakli Jan Porter Alternate Members John Gardner Helen Zientek RESOLUTION 169, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPOINTMENT OF THREE (3) REGULAR MEMBERS, REAPPOINTMENT OF EIGHT (8) REGULAR MEMBERS, APPOINTMENT OF ONE (1) ALTERNATE MEMBER AND REAPPOINTMENT ONE (1) ALTERNATE MEMBER TO THE EDUCATION ADVISORY BOARD OF THE CITY OF PALM BEACH GARDENS IN ORDER TO FILL EXPIRED TERMS; AND PROVIDING FOR AN EEFFECTIVE DATE. WHEREAS, Section 2 -132 of the City of Palm Beach Gardens Code of Ordinances, provides for the appointment of members to the City of Palm Beach Gardens Education Advisory Board; and WHEREAS, it is the desire of the City Council to appoint three (3) regular members, reappoint eight (8) regular members, appoint one (1) alternate member and reappoint one (1) alternate member to the Education Advisory Board to fill expired terms. WHEREAS, the City Council determines that the appointment and reappointment of these members is in the best interests of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Pursuant to Section 2 -132 of the City of Palm Beach Gardens Code of Ordinances and are hereby appointed as regular members of the Education Advisory for a term of two (2) years, which terms of office shall expire November 15, 2003. SECTION 2. Pursuant to Section 2 -132 of the City of Palm Beach Gardens Code of Ordinances , and are hereby reappointed as regular members of the Education Advisory for a term of two (2) years, which terms of office shall expire November 15, 2003. SECTION 3. Pursuant to Section 2 -132 of the City of ;Palm Beach Gardens Code of Ordinances is hereby appointed as an alternate member of the Education Advisory for a term of two (2) years, which terms of office shall expire November 15, 2003. SECTION 4. Pursuant to Section 2 -132 of the City of Palm Beach Gardens Code of Ordinances is hereby reappointed as an alternate member of the Education Advisory for a term of two (2) years, which terms of office shall expire November 15, 2003. SECTION 5. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS 15th DAY OF NOVEMBER, 2001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, MMC, CITY CLERK VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. CITY ATTORNEY NAY ABSENT CITY OF PALM BEACH GARDENS EDUCATION ADVISORY BOARD 11 REGULAR MEMBERS — 2 YEAR TERMS 4 ALTERNATE MEMBERS — 2 YEAR TERMS MEMBERS PHONE NUMBERS DATE APPOINTED TERM EXPIRES Wayne Anderson 10240 Allamanda Circle H: 626 -9225 02/15/96 03/04/2001 PBG 33410 W: 881 -8050 Anne S. Berg 931 Augusta Pointe Drive H: 622 -6827 02/19/98 03/04/2001 PBG 33418 Scott Blake 1915 191h Lane H: 694 -9938 04/20/95 03/04/2001 PBG 33418 W: 694 -7300 John Gardner (ALT) 5E Lexington Lane East H: 624 -8222 04/08/99 02/15/2000 PBG 33418 W: 627 -1800 Ilene Gerber 3674 Dijon Way H: 624 -9494 12/04/97 02/15/2000 PBG 33410 Judith Hanrahan (ALT) 40 Edinburgh Drive H: 627 -1546 03/04/99 02/15/2000 PBG 33418 Nancy Krause- Laurie (ALT) 220 Legendary Circle H: 626 -0374 03/04/99 02/15/2000 PBG 33418 W: 540 -6166 Leslie Millar 10252 Hunt Club Lane H: 775 -1799 12/04/97 03/04/2001 PBG 33418 W: 640 -5086 James Panoch (ALT) 501 -D Sabal Ridge Circle H: 626 -1452 03/04/99 02/15/2000 PBG 33418 Ron Sadaka 2200 -B Vision Drive H: 624 -9911 02/15/98 02/15/2000 PBG 33418 W: 833 -9100 Charlotte Schiff 899 Augusta Pointe Drive H: 627 -0520 03/04/99 03/04/2001 PBG 33418 Murtaza Kakli 5270 Tyravelers Way H: 622 -5031 02/19/98 03/04/2001 PBG 33418 W: 796 -4149 Jan Porter 11 Kintyre Road H: 694 -9337 11/03/94 03/04/2001 PBG 33418 Eric Jablin, Council Liaison 10/31/01 Ray Ellis, Staff Liaison CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 SUBJECT /AGENDA ITEM PUD -99 -12 — Gardens Corporate Center First Reading of Ordinance 42, 2001: A request by Ed Oliver of Oliver•Glidden & Partners, Inc., agent for AMA of South Florida, Inc., for an amendment to Phase 2 of the Regional Center Medical Mall Planned Unit Development (PUD) to allow construction of two (2), 6 -story professional office buildings and one 6 -story parking structure, to be known as Gardens Corporate Center. RECOMMENDATION Staff recommends APPROVAL of Ordinance 42, 2001 with conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P1 1Z Commission Growth Action: Principal Planner Management: Costs: [ ] Approved City Attorney $ [ ] App. w/ conditions Leonard G. Ru itnr Project Total [ ] Denied Manager [ ] Rec. approval Finance NA Kara Irwin' $ [ ] Rec. app. w/ conds. Human Res. NA Current FY, [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Manag �btWA Date: [ ] Operating *Table 1 • Table 2 Directo Paper: • ordinance 42, 2001 Charles K. Wu, AICP X Other NA [X] •Exhibit "A" [X] Not Required •Resolution 118, 1994 • Resolution 164, 1996 Approved by: City Manag Budget Acct. #: •Site plans Affected parties: Ronald M. Ferris / I [ ] Notified NA [ ] None [X ] Not Required City Council Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 BACKGROUND The site is located within the Regional Center Planned Community District (PCD), which is a Development of Regional Impact (DRI), created through the adoption of Resolution 9, 1984. This approved site plan, originally referred to as the "MediPlex ", was subsequently amended through Resolution 89, 1995 (amending the exterior architectural finishes to the buildings), Resolution 69, 1996 (modifying the exterior architectural finishes to the buildings), Resolution 124, 1996 (amending the signage), and Resolution 164, 1996 (amending the site plan and adding the condition that the construction and quality of phase two shall be identical to that of phase one). The amended plan included two phases. The first phase has been constructed and includes two buildings: a 10 -story medical office building and parking garage (totaling 184,057 square feet), and a 3 -story skilled nursing facility with 120 beds (totaling 70,000 square feet). The approved second phase called for the construction of a 10 -story medical office building (totaling 223,943 square feet) and a parking structure with 965 spaces. The applicant is proposing to change the development program of the approved second phase. Because of the size and location of this project, several workshops were required to adequately review the petition. The Planning and Zoning Commission heard the petition as a workshop at five separate meetings. At its January 11, 2000 meeting, the Commission voted 7 — 0 to recommend approval of PUD -99 -12 with conditions developed by Staff. City Council reviewed the petition at first reading on February 3, 2000, and stated that a public hearing would not be held for the petition until it was assured that the Regional Center's drainage problems were solved. This matter was addressed by the City Engineer at the February 17, 2000 City Council meeting. On April 6, 2000, City Council held a public hearing to consider second reading and adoption of Ordinance 6, 2000, which contained 21 conditions. However, City Council voted to grant a continuance of the hearing in order to allow the applicant to work with staff to address Council dissatisfaction with the design of the buildings. The applicant submitted revised site plans, floor plans, roof plans, and elevations, incorporating the comments made by the City Council, for review by the Planning & Zoning Commission. On August 14, 2001, the Planning & Zoning Commission recommended approval with minor modifications to the proposed elevations prior to review by City Council. LAND USE & ZONING The subject site is zoned Planned Community District (PCD) with a Planned Unit Development (PUD) overlay, and has a future land use designation of Professional Office (PO). The applicant does not wish to change the PCD zoning, the PUD overlay, or the PO future land use designation. 2 City Council Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 CONCURRENCY Because the proposed amendment does not exceed the previously approved capacity for the site, it remains vested in terms of concurrency. The original approval would have generated 13,489 daily trips, while the proposed plan will generate 10,507, resulting in a net decrease of 2,982. The 2,982 trips will be removed from the system upon approval of this amendment. The build -out date for the revised project will be the build -out date for the Regional Center DRI (December 31, 2004). PROJECT DETAILS Buildinq Site The amendment will result in changing the approved development mix from 100% medical /dental, to 80% business /professional and 20% medical /dental. The parking calculations are based on this change, and the applicant understands that the ability to go back to a higher proportion of medical /dental office is forfeited. The proposed 6 -story parking structure will have 884 parking spaces, giving the Planned Unit Development a total 'of 1,677 spaces; City Code requires 1,650 spaces. Aesthetics Because this is a previously approved and partially built project, the aesthetic challenge presented by this project is to successfully blend the new buildings with the existing ones, principally because one of the existing structures, the 3801 building, presents such a dominant physical presence. Condition #2 in Resolution 164, 1996 states that "[t]he Phase 2 Medical Office Building shall be of the same construction and quality in all respects and otherwise identical to the Phase 1 Medical Office Building ", to ensure that the buildings in both phases of the site would be identical. Per City Council direction, the revised elevations present a marked contrast in architectural style to the 3801 building, albeit an improved style, which requires the deletion of the previously approved condition of the PUD. The elevations submitted with the original application were similar in design to the existing 3801 building, but at a smaller scale. However, the glass windows proposed for Phase 2 were different in color and there was less use of the darker marble. The applicant has now revised the elevations to provide more facade articulation to break up the mass of the building, and the entryway has been revised to be more visible and clearly defined through vertical columns and arched window features. The Mediterranean style of the new elevations provides warmth in the design, absent in the previous elevations. The vertical change of the barrel tile roof breaks up the mass of the building, adds interest, and defines the entryway. The revised elevations provide a design with character that emphasizes the importance of the location. Site Access The site will have a total of two access points, one on Lake Victoria Gardens Drive, and one on Kyoto Gardens Drive. The site will not have any ingress /egress points on Alternate A1A or PGA Boulevard. 3 City Council Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 Walkways The large, previously approved pedestrian plaza is being replaced with a walkway and sculpture garden to be located in a designated area directly in front of the building 2a on PGA Boulevard. The applicant will be required to schedule a workshop with the Art Advisory Committee to discuss the details of the proposed art. Waste Manaqement There are two existing dumpsters located in Phase 1, and there are two more dumpsters proposed for Phase 2. Each dumpster in Phase 2 will be located adjacent to the building that it is intended to service. Simaw The site currently has two existing ground signs: one at the intersection of PGA Boulevard and Lake Victoria Gardens Drive, and one at the Lake Victoria Gardens Drive ingress /egress point. The applicant is proposing a ground sign at the Kyoto Gardens Drive ingress /egress point, and another ground sign along the internal drive aisle for the project. PGA Boulevard, Lake Victoria Gardens Drive, and Kyoto Gardens Drive are all public roadways. City Code requires that there be a minimum of 2,400 linear feet of public roadway frontage for a site to have 4 ground signs; the Gardens Corporate Centre site has approximately 3,380 linear feet of public roadway frontage. The applicant has not provided detail for the two new ground signs; therefore, it will be necessary to submit a petition in the future for Council's approval of the elevations of the new signs on the site. Landscaping The required amount of landscaping points for the proposed project is 8,980, and the applicant is proposing landscaping totaling 16,925 points. The applicant has not revised the landscape plan. Phasinq Phase 2 of the site will be done in two stages. In the first stage, office building 2a (the southernmost office building in phase 2) will be constructed along with a portion of the parking garage (565 spaces), and in the second stage, office building 2b will be constructed, as will the remainder of the parking garage (an additional 319 spaces). PGA Boulevard Corridor Overlay Section 78 -221 of the City Code of Ordinances requires that all lands within the City that front or abut PGA Boulevard, for a depth of 1,000 feet from the edge of right -of -way, meet various aesthetic design requirements because it is the City's "Main Street." The proposed project meets these requirements. For example, as an office complex, the proposed use is in line with the uses envisioned by the PGA Corridor Overlay. The pedestrian plaza /sculpture garden fulfills the requirement for "pedestrian- friendly focal space." The project also demonstrates compliance with the "building design guidelines" section of the "PGA Overlay" by demonstrating "unity of character and design" between the existing and proposed buildings, and through the use of "compatible color palettes." 4 City Council Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 FDOT Taking After the future FDOT right -of -way taking for the PGA Flyover, the existing portion of the site (Phase 1) will no longer have the required 55 -foot landscape buffer abutting PGA Boulevard. The 3801 building will only have a 30 -foot buffer, which will be a legal nonconformity because it will be created by the FDOT taking, not because of any action made by the applicant. The FDOT taking will also result in a reduction in open space of approximately 9.83% on site (from 56.49% to 46.66 %). Some landscaping will also be lost because of the FDOT taking; however, the Canary Island Date Palms feature at the corner of PGA Boulevard and Alternate A1A will need to be relocated, by the applicant, to the future corner of the two roadways after the FDOT taking. Art in Public Places The applicant wishes to locate their "Art in Public Places" requirement in the "Sculpture Garden" located directly in front of building 2a on PGA Boulevard. The applicant will be required to schedule a workshop with the Art Advisory Committee to discuss the details of the proposed art, which will also require approval by City Council. Platting Resolution 21, 1995 approved the plat for the first phase of this site; however, the entire site will have to be replatted to include both Phase 1 and Phase 2. Previous Conditions The applicant requested the deletion of conditions #9, #12, and #13 from Resolution 118, 1994. Condition #9 requires the applicant to replace any tree or plant that dies during construction. The applicant is proposing that if any trees die during construction, then the mitigation as noted on the landscape plan will apply. Staff supports the removal of this condition. Condition #12 requires the applicant to install and maintain landscaping in the median of Alternate Al adjacent to the project site. Condition #13 requires the applicant to replace any landscaping or sidewalks removed along Alternate A1A and PGA Boulevard (including the medians) because of the widening of Alternate A1A and the PGA Flyover. The applicant states in both a October 26, 1999 letter and a December 3, 1999 letter that the MacArthur /Regional Center Property Owners Association (POA) will install and maintain the buffer landscaping, median landscaping, and sidewalks, and therefore, would like to be relieved of this responsibility. Staff supports removing this condition and replacing it with a different condition (see conditions #1, #2, and #6 in the Recommendation section of this report). Waiver Requests Code Section Required Provided Waiver Staff Recommendation Section 78 -153 — 36' Maximum 98' 54' Support Building Height Section 78 -344 10'X 18.5' 9' X 18.5' 1 foot in Support (1) — Parking Stall width and Bay Dimensions 5 City Council Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 Waiver Reauests 3801 PGA Boulevard Code Section Required Provided Waiver Staff Recommendation Section 78 -221 55' 30' 25' Support (d) (4) 1. Special Front setback Requirement Section 78 -153 27' 25' 2' Support Minimum Building Setback The applicant's justification, which is adequate for the Planning & Zoning staff to analyze, is attached. The City Engineer is a consultant that provides strict technical review and support for the City, and therefore, does not support any requests outside of the Code requirements. STAFF ANALYSIS While the revised elevations have a diverse architectural expression from the previously approved buildings, they do have compatible features: defined entryways through vertical columns and arched features; horizontal banding or stacking of levels used to break up the mass of the building; and vertical banding to break up the glass creating a rhythm or pattern to the structure. Although the buildings are different in style, they are compatible enough to compliment each other, and the revised elevations provide a style more in keeping with the design guidelines under review by the City's Design Guideline Committee. Staff reviewed the conditions of approval set forth in Ordinance 6, 2000, which was never adopted, and will include the same with this petition with modifications. Engineering staff proposed to keep their original conditions with modifications, but the City Forester requested the addition of condition #16, relating to the change in landscaping associated with the construction of the PGA Flyover. This petition has been to Planning & Zoning workshop five times and was approved with conditions at a public hearing. The applicant has not revised any portion of the application except the elevations, but since the elevations are a major change, it was important that the Planning & Zoning Commission review the revised elevations. On August 14, 2001, the Planning & Zoning Commission recommended approval of PUD -99 -12 with minor modifications to the revised elevations. The Planning and Zoning Commission supported staff's conditions of approval and the applicant's waiver requests. RECOMMENDATION Based on the applicant's most recent response, Staff recommends approval of petition PUD - 99-12 by Ordinance 42, 2001. City Council Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 EXISTING USE ZONING LAND USE Subject Property Planned Community District Professional Office (PCD) with a Planned Unit (PO) Vacant/Undeveloped (part of Development (PUD) Overlay existing medical office and nursing facility) North Planned Community District Professional Office (PCD) with a Planned Unit (PO) Regional Center Development (PUD) Overlay South Planned Development Area Mixed -Use (PDA) (MXD) Vacant/Undeveloped West Research & Industrial Light Industrial Park (1) Vacant/Undeveloped (M1) East Planned Community District Professional Office (PCD) with a Planned Unit (PO) Regional Center Development (PUD) Overlay City Council Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 .Lode Requirement .� < << Proposed Plan Consistent? x`151 -foot, 10 -story building buildings over maximum Planned Community District Professional (80 %) and Yes (PCD) zoning with a Planned Medical (20 %) Offices & over maximum height exist Unit Development (PUD) Parking Structure as legal nonconformities) overlay, and a Professional Front Setback: Yes Office future land use 62 feet designation (existing building) Minimum Building Site Area 679,536 square feet Yes for PO: 25 feet (legal nonconformity) 15,000 square feet (existing building) (WAIVER REQUEST) Minimum Lot Width for PO: - -880 feet Yes 100 feet 55 feet Maximum Building Lot 26.23% Yes Coverage for PO: 35% 30 feet No Maximum Building Height for Building Height: No PO: 36 feet Maximum 98 feet (6 stories) (w r d f 4-k a lv e req ui r e or a new x`151 -foot, 10 -story building buildings over maximum already exists on site. height; existing buildings over maximum height exist as legal nonconformities) Front Setback for PO: Front Setback: Yes 25 feet 62 feet (existing building) Side Setback for PO: Side Setback: No 27 feet for buildings greater 25 feet (legal nonconformity) than 2 stories in height (existing building) (WAIVER REQUEST) lRear Setback for PO: Rear Setback: Yes 27 feet for buildings greater 55 feet than 2 stories in height PGA Boulevard Corridor 30 feet No Overlay Landscape Buffer: (existing 3801 building) (legal nonconformity) 55 feet (WAIVER REQUEST) November 1, 2001 ORDINANCE 42, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AN APPLICATION BY AMA OF SOUTH FLORIDA, INC., TO AMEND PHASE 2 OF THE "MEDICAL MALL" PLANNED UNIT DEVELOPMENT (PUD) (N /K/A THE "GARDENS CORPORATE CENTER "), LOCATED AT THE NORTHEAST CORNER OF THE INTERSECTION OF PGA BOULEVARD AND ALTERNATE A1A, AS MORE PARTICULARLY DESCRIBED HEREIN, IN ORDER TO CONSTRUCT TWO (2) SIX -STORY OFFICE BUILDINGS AND ONE (1) SIX -STORY PARKING STRUCTURE; PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application from Oliver•Glidden & Partners, Inc., representing AMA of South Florida, Inc., for approval of an amendment to phase 2 of a 15.6 -acre planned unit development (PUD), known as the "Medical Mall ", located at the northeast corner of PGA Boulevard and Alternate Al A, as more particularly described in Exhibit "A" (Phases 1 & 2) attached hereto; WHEREAS, the 15.6 -acre site is currently zoned planned community district (PCD) with a planned unit development (PUD) overlay and a future land use of professional office (PO); and WHEREAS, the entire planned unit development (PUD) is now known as the "Gardens Corporate Center" as was originally approved through the adoption of Resolution 118, 1994; 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 amendment to the planned unit development (PUD); and WHEREAS, on August 14, 2001, the City's Planning and Zoning Ordinance 42, 2001 Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 Commission reviewed said application and recommended that it be approved with the requested waivers and subject to certain conditions. NOW, THEREFORE, BE IT ORDAINED, BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves an amendment to a 15.6 -acre planned unit development (PUD), formerly known as the "Medical Mall ", as more fully described in Exhibit "A" (Phases 1 & 2) attached hereto and incorporated herein by this reference. Said PUD shall henceforth be known as the "Gardens Corporate Center." SECTION 2. Said planned unit development (PUD) is approved subject to the following conditions that shall be the responsibility of the Phase 1 AND Phase 2 property owners, successors or assigns: 1. The MEDICAL MALL AT PALM BEACH GARDENS PLAT ONE, as approved by Resolution 21, 1995, shall .be replatted to include the Gardens Corporate Center, prior to issuance of the next building permit. The plat shall designate the first 55 feet associated with Phases 2a and 2b, and the first 30 feet associated with Phase 1, along Alternate Al and PGA Boulevard, as open space landscape easement for buffering and landscape purposes. (Planning & Zoning) 2. Conditions #5, #10, #17, and #18 of Resolution 118, 1994 (attached) shall be carried over and re- enacted with adoption of this ordinance. (Development Compliance) 3. The loss of the traffic trips with this approval (compared to the previous approval) shall be permanent. (Planning & Zoning). SECTION 3. Said planned unit development (PUD) is approved subject to the following conditions that shall be the responsibility of the Phase 2 property owners, successors or assigns ONLY: 1. Prior to issuance of the final certificate of occupancy, the applicant shall obtain Northern Palm Beach County Improvement District's standard permit. (City Engineer) 2. The color of the louvers shall be compatible with the surrounding building. (Development Compliance) 3. The bank's drive - through operation shall account for less than 50% of the bank's business. (Planning & Zoning) 4. Prior to construction plan approval, the applicant, successors, or 2 Ordinance 42, 2001 Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 assigns shall verify that all the requirements of the ' master stormwater permit have been satisfied to the satisfaction of the City Engineer. (City Engineer) 5. The 9- foot -wide parking spaces on the site shall be double- striped. (City Engineer) 6. The lighting intensity at the perimeter of the parking garage shall not exceed 10.0 foot - candles. (Code Enforcement) 7. Prior to construction plan approval, the applicant shall amend the construction plans to include: a. Sidewalk detail to the paving, grading and drainage detail sheet. (City Engineer) b. Stop bars at the circular drives (shown on the site plan), to the inside of the pedestrian crossings. (City Engineer) c. Curb cuts to the sidewalks that cross the entrance to the site from Kyoto Gardens Drive. (City Engineer) 8. No external signage (except for the directory sign erected pursuant to the approved sign plan) shall be allowed for the ancillary uses proposed within the office buildings in Phase 2. (Development Compliance) 9. Upon approval of the development order, the applicant shall secure a "Seacoast Utility Authority Capacity Allocation Commitment for Public Water and /or Sewer Service," which shall be verified by the delivery of a fully executed copy of the document to the Planning & Zoning Division within 30 days of granting of the development order. (Planning & Zoning) 10. The applicant, successors, or assigns shall be required to submit a separate future petition for City approval of the elevations of the new signs on the site as a miscellaneous petition that requires review by the Planning and Zoning Commission and City Council. (Planning & Zoning) 11. The build -out date of this project shall be the build -out date for the Regional Center DRI (December 31, 2004). (Planning & Zoning) 12. The following shall be the permitted ancillary uses in Phase 2 of this site, and shall not be physically accessible directly from the outside of either office building except for any required emergency exits: - pharmacy - newsstand - beauty salon /barber shop - medical retail -card shop -title company 3 Ordinance 42, 2001 Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 - staffing company - bookstore -office supplies /pack & ship - travel agency - retail brokerage -real estate office - mortgage company - restaurant/cafe /coffee shop /internet cafe /bakery (Planning & Zoning) 13. If the PGA Boulevard and Alternate Al A flyover construction begins prior to the construction of Phases 2a and 2b, the petitioner shall prepare the designated area for the relocation of the existing Canary Island Date Palms and berm, per the plan approved by the Regional Center Property Owners Association. (City Forester) 14. Prior to issuance of the first building permit, staff shall determine the need for bonding by the petitioner of any off -site landscape and hardscape required. Maintenance shall be coordinated with the Regional Center POA. (City Forester) SECTION 4. The following waivers for Phase 1 are hereby granted with this approval: 1. Special Front setback— Section 78 -221 that requires a minimum 55- foot buffer, to allow for a 30 -foot front setback (existing 3801 building). 2. Side setback — Section 78 -153 that requires a minimum 27 -foot side setback, to allow for a 25 -foot front setback (existing 3801 building). SECTION 5. The following waivers for Phase 2 are hereby granted with this approval: 1. Minimum width for parking spaces — Section 78- 344(1), which requires 10 -foot wide parking, spaces, to allow for 9 -foot wide parking spaces in the parking garage. 2. Maximum height for buildings — Section 78 -153 which allows a maximum building height of 36 feet, to allow for buildings up to 6- stories (98 feet) in height. 4 Ordinance 42, 2001 Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 SECTION 6. Construction of the Planned Unit Development shall be in compliance with the following plans and reports on file with the City's Growth Management Department: 1. December 3, 1999 Cover Sheet/index of Drawings, Oliver•Glidden & Partners, (1 sheet total). 2. August 25, 1999 Boundary & Topographic Survey, Miller Legg & Associates, Inc., (1 sheet total). 3. August 7, 2001 Site Plans (Phase 2a & 2b), Oliver•Glidden & Partners, Sheets SP -1thru SP -2 (2 sheets total). 4. August 21, 2001 Floor Plan, Oliver•Glidden & Partners, Sheets A -1 thru A -7 (7 sheets total). 5. August 21, 2001 Garage Plan, Oliver•Glidden & Partners, Sheets G -1 thru G -6 (6 sheets total). 6. June 30, 1999 Photometric Plan (Phase 2a & 2b), Oliver•Glidden & Partners, Sheet E -1 (1 sheet total). 7. January 5, 2000 Drive Thru Photometric Plan (Phase 2a & 2b), Oliver•Glidden & Partners, Sheet E -2 (1 sheet total). 8. October 16, 2001 Conceptual Planting Plan, Environment Design Group, Sheets 1 thru 5 (5 sheets total). 9. June 25, 1999 Conceptual Paving, Grading & Drainage Plan, Miller Legg & Associates, Inc., Sheets C1 thru C4 (4 sheet total). 10. August 19, 1999 Plans for SR 786 (PGA Boulevard) Plan, Reynolds, Smith and Hills, Inc., (4 sheets total). 11. June 30, 1999 Traffic State ment/Letter from Joseph B. Pollock, Jr., P.E., Kimley -Horn and Associates, Inc., (3 pages total). SECTION 7. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative orvoid, such holding shall not affectthe remainderof the Ordinance. SECTION 8. All resolutions, ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance, are hereby repealed. SECTION 9. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 15 DAY OF NOVEMBER 2001. Ordinance 42, 2001 Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 PLACED ON SECOND READING THIS DAY OF 200 PASSED AND ADOPTED THIS DAY OF 200. SIGNED: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN ATTEST BY: CAROL GOLD CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO N. COUNCILMAN CARL SABATELLO COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY AYE NAY ABSENT Ordinance 42, 2001 Meeting Date: November 15, 2001 Date Prepared: November 1, 2001 Petition PUD -99 -12 EXHIBIT "A" MEDIPLEX MEDICAL MALL LEGAL DESCRIPTION (Overall) A PARCEL OF LAND SITUATE IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE OF SAID SECTION 6; THENCE SOUTH 88045'05" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION '6, A DISTANCE OF 504.59 FEET TO A POINT ON THE EAST RIGHT -OF- WAY LINE OF STATE ROAD 811 (ALTERNATE A -1 -A) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE SOUTH 14 *05'09 "EAST, ALONG SAID EAST RIGHT -OF -WAY LINE, A DISTANCE OF 328.81 FEET; THENCE SOUTH 59004'13 " 'EAST, A DISTANCE OF 28.29 FEET TO THE NORTH RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD; THENCE NORTH 75056'43" EAST, ALONG SAID RIGHT -OF -WAY A DISTANCE OF 195.00 FE; THENCE NORTH 79 °52'05" EAST, A ;DISTANCE OF 127.90 FEET, THENCE NORTH 75056'43" EAST, A DISTANCE OF 113.55 FEET; THENCE NORTH 74034'53" EAST, A DISTANCE OF 1,93.66 FEET; THENCE NORTH 78026'44" EAST, A DISTANCE OF 180.17 FEET; THENCE NORTH 75056'43" EAST, A DISTANCE OF 11.29 FEET; THENCE NORTH 30056'43" EAST, DEPARTING SAID RIGHT -OF -WAY LINE, A DISTANCE OF 56.57 FEET; THENCE NORTH 14003'17" WEST, A DISTANCE OF 4.84.04 FEET; THENCE NORTH 54059'19" WEST, A DISTANCE OF 32.76 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 05055'20" WEST, A RADIUS OF 575.67 FEET, AND A CENTRAL ANGLE OF 34052'03 "; THENCE PROCEED WESTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 350.45 FEET TO THE END OF SAID CURVE; THENCE NORTH 61003.17" WEST, A DISTANCE OF 227.10 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 28 °56'43 WEST, A RADIUS OF 501.87 FEET, AND A CENTRAL ANGLE OF 43046'07 "; THENCE PROCEED NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 383.38 FEET TO THE END OF SAID CURVE; THENCE SOUTH; 29010129" WEST, A DISTANCE OF 35.97 FEET TO A POINT ON A CURVE AND EAST RIGHT OF STAY LINE OF STATE ROAD 811 (ALTERNATE A -1 -A); SAID CURVE IS CONCAVE TO THE WEST HAVING A CHORD BEARING OF SOUTH 16031157" EAST, A RADIUS OF 17314.23 FEET, AND A CENTRAL ANGLE OF 0035'23 "; THENCE PROCEED SOUTHERLY ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE. A DISTANCE OF 178.25 FEET TO THE END OF SAID CURVE; THENCE SOUTH 10010'17" EAST, A DISTANCE OF 244.59 FEET; THENCE SOUTH 14005'09" EAST, A DISTANCE OF 178.24 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING IN ALL, 15.60 ACRES, MORE OR LESS. N RESOLUTION 118, 1994 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, CREATING A PLANNED UNIT DEVELOPMENT FOR CONSTRUCTION OF PROFESSIONAL OFFICE BUILDINGS AND A SKILLED NURSING FACILITY WITHIN THE REGIONAL CENTER PLANNED COMMUNITY DISTRICT ON CERTAIN LANDS LOCATED WITHIN THE CITY OF PALM BEACH GARDENS AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE PART HEREOF; SAID LANDS DESCRIBED THEREIN SHALL BE DEVELOPED IN ACCORDANCE WITH THE SITE PLAN AND OTHER PLANS AS SET FORTH IN THIS RESOLUTION; PROVIDING ADDITIONAL SPECIFICATIONS, REQUIREMENTS, AND CONDITIONS TO BE COMPLIED WITH BY PETITIONER; SETTING FORTH REQUIREMENTS TO BE MET BY PETITIONER INCLUDING POSTING OF A PERFORMANCE BOND, LETTER OF CREDIT OR ESCROW AGREEMENT FOR COMPLETION OF THE INFRASTRUCTURE; PROVIDING FOR TIME OF COMMENCEMENT FOR THE PLANNED UNIT DEVELOPMENT; PROVIDING PROCEDURE FOR MODIFICATIONS TO THE PLANNED UNIT DEVELOPMENT; AND, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, does hereby create a Planned Unit Development for construction of professional medical office buildings and a 120 -bed skilled nursing facility within the Regional Center Planned Community District on certain lands located within the City of Palm Beach Gardens and more particularly described in Exhibit "A" attached hereto and made a part hereof. Section 2. Development under this Planned Unit Development shall be in accordance with and subject to the Site Plan and other plans as follows: 1. July 7, 1994 Overall Site Plan by Lewis and Associates. 1 Sheet. 2. January 21, 1994 Parking and Floor Plans by Lewis and Associates. 7 Sheets. 3. January 21, 1994 Medical Office Elevation Plans by Lewis and Associates. 9 Sheets. 4. January 21, 1994 Health Care Facility Elevation Plans by O'Keefe Architects, Inc. 1 Sheet. 5. January 21, 1994 Signage Plan by Lewis and Associates. 1 Sheet. 6. June 1994 Phase One Planting Plan by Carol Amundson Turk Land Planning Landscape Architecture. 1 Sheet. 7. January 20, 1994 Phase Two Planting Plan by Carol Amundson Turk Land Planning Architecture. 1 Sheet. 8. June 1994 5th & 7th Floor Terrace Planting Plan by Carol Amundson Turk Land Planning Architecture. 2 Sheets. 9. June 1994 Southwest Drive and West Drive Planting Plan by Carol Amundson Turk Land Planning Architecture. 1 Sheet. 10. January 4, 1994 Irrigation Plans by Control Precipitation Design, Inc. 3 Sheets. 11. August 24, 1994 Possible Future D.O.T. Right -of -Way Relocation and Planting Plan by Carol Amundson Turk Land Planning Landscape Architecture. 1 Sheet. 12. July 20, 1994 Master Drainage Plan by DiFonte & Thomas, Inc. 1 Sheet. 13. July 20, 1994 Master Water and Sewer Plan by DiFonte & Thomas, Inc. 1 Sheet. 14. January 20, 1994 Civil Site Details by DiFonte & Thomas, Inc. 1 Sheet. 15. February 16, 1994 Off -Site Roadway Improvements by DiFonte & Thomas, Inc. 1 Sheet. Section 3. Petitioner shall be subject to and shall comply with the following additional specifications, requirements and conditions: 1. The subject Planned Unit Development shall not be issued a building permit until the amendment of the Regional Center Development of Regional Impact Development order approved by the City Council in Resolution 96, 1994 becomes final by virtue of the expiration of the appeal time with no appeal being filed or, if an appeal is filed, the resolution of such repeal. M d N 2. Prior to the issuance of the first Certificate of Occupancy for Phase 1, the following road and utilities therein shall be constructed and open to the public: a. The internal loop road within Phase 1. b. Southwest Drive from Alternate A -1 -A to Fairchild Gardens Avenue (A portion of this road is the responsibility of the Good Samaritan North PUD), including the construction of the 6 -foot sidewalks and landscaping on both sides of the road. c. West Drive from PGA Boulevard to Southwest Drive, including the construction of the 6 -foot sidewalks and landscaping on both sides of the road. 3. The future right -of -way requirements for the grade separation of the PGA Boulevard /Alternate A -1 -A intersection shall be dedicated to the FDOT at no charge as generally depicted to sheet C4, dated February 16, 1994, prepared by DiFonte & Thomas, Inc., within 30 days of the date of request by the FDOT. 4. The petitioner shall comply with the permit conditions set forth by Northern Palm Beach County Water Control District in their June 14, 1994, letter to James R. Brindell and the petitioner agrees to participate in and comply with the implementation of Phase I and Phase II programs as set forth in the report entitled, Feasibility Studv and Conceptual Plan for Satisfyinq Future Irriqation Demands in Unit 19, Northern Palm Beach Countv Water Control District and any amendments thereto. 5. The garage for each phase of the project shall provide a stand pipe and fire hose for purposes of fire suppres- sion, in addition to the garages being protected by an automatic sprinkler system. 6. Areas that have been allowed to have vegetation or ground cover removed pursuant to the approved site plan, and subsequently abandoned for any reason for more than three months, shall be seeded with grass immediately upon request by the City or the City shall have the work done at the owner's expense. 7. Prior to clearing or construction, trees or native areas designated for preservation shall be tagged or roped -off. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 153.20 shall also be enforced during construction. 8. All tree protection /relocation and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, all tree relocation work, all landscaping work, and any work that affects the outcome of the approved landscape plans. The Landscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 9. All trees or plants designated for preservation/ relocation that die during construction or because of construction practices shall be replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced with like specie. The minimum replacement tree shall be three inches in diameter. Palms shall be replaced with like specie one for one with a minimum 10' height. Shrubs shall be replaced with like specie one for one with a minimum 30" height. If the site cannot support the total number of replacement trees as required above, City Council may permit the developer to donate excess trees to the City for planting on public lands. 10. Prior to the issuance of the Certificate of Occupancy for a particular building in the project, the Landscape Architect of record shall certify in writing to the City that the landscaping associated with that building has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. 11. Project shall abide by Resolution 2, 1993, which requires, prior to filing of the plat, the petitioner shall post a bond for the installation of the infra- structure including the common and project landscaping/ buffer and entry feature for each phase in which a permit is issued. 12. Prior to the C.O. of Phase 2, if permitted by FDOT, the developer shall install permanent landscaping pursuant to the Landscape Plan in the portion of the median of Alternate A -1 -A that is adjacent to the project in conjunction with the State's improvements to Alternate A -1 -A, and said median landscaping shall match that of PGA Boulevard. If the State's improvements to Alternate A -1 -A will not be completed by the time that Phase 2 of the project is completed then, in conjunction with the landscaping of Phase 2 of the project, the developer shall install (if permitted by the FDOT) landscaping in the portion of the median of Alternate A -1 -A that is adjacent to the project; such landscaping shall conform to the interim landscaping provided by the Gardens East PCD in Alternate A -1 -A and shall be irrigated. 13. Any meandering sidewalk or roadway landscaping, including the median, along PGA Boulevard and Alternate A -1 -A adjacent to the project that is removed in conjunction with the required construction of an overpass at PGA Boulevard and Alternate A -1 -A or the widening of Alternate A -1 -A adjacent to the project shall be replaced, if acceptable to FDOT and acceptable to the City, one time by the property owner of the project within thirty days of request by the City. 14. The landscaping along Alternate A -1 -A property shall match the landscaping along PGA Boulevard. 15. Prior to the issuance of a building permit for Phase I, a bond shall be posted for the meandering sidewalk along Alternate A -1 -A and the first 55 feet of landscaping from PGA Boulevard to Southwest Drive, construction of which shall commence within 18 months of issuance of the first building permit for Phase I. 16. There shall be no clearing of Phase II except within the first 50 feet from the Phase I boundary during the construction of Phase I. 17. Medical ancillary uses as referenced in Exhibit "B ", attached hereto, shall not be physically accessible directly from the outside of the medical office buildings except for any required emergency exits. 18. No external signage (except for the directory sign pursuant to the approved sign plan) shall be allowed for the ancillary uses proposed within the medical office buildings. Section 4. Before the issuance of the first building permit, petitioner shall provide the City with a letter of credit or performance bond in a form approved by the City in a sum of money prescribed by the City and shall be posted with the City of Palm a Beach Gardens to assure the completion of the infrastructure rp including on -site roadways, drainage and utility improvements required for the Planned Unit Development and common and project a landscape /buffer and entry features. From time to time as improvements are completed and approved by the City, the amount of the letter of credit or performance bond shall be reduced by a proportionate amount. Upon completion of all on -site roadway, drainage and utility improvements required for the Planned Unit Development, the City shall release said letter of credit or performance bond. Section 5. The development of the Planned Unit Development shall be completed prior to the February 16, 2004, buildout period of the Regional Center Development of Regional Impact. Section 6. Modifications to the Planned Unit Development that are determined to be minor by the City Council may be,approved by subsequent Resolution without the necessity of review by the Planning and Zoning Commission, advertisement or public hearing. Section 7. All references to Petitioner and /or Developer, together with all requirements of this Resolution shall apply to and be binding upon the successors and assigns. Section 8. No Building Permit for the Planned Unit Development shall be issued until the drainage and paving plans shall be approved by the City Engineer and all other building requirements of the City of Palm Beach Gardens Code and require- ments of other governmental agencies, if necessary, shall be met. Section 9. Petitioner, prior to the issuance of the first Building Permit within the Planned Unit Development, shall deliver to the City a recordable Unity of Control by all owners of the property in requisite form approved by the City Attorney, acknowledging that the lands described in Exhibit "A ", if developed shall be developed in accordance with this resolution, unless otherwise approved by the City Council. Section 10. If any part or portion of this Resolution is found to be void or defective, the remainder of the Resolution shall continue in full force and effect. Section 11. This Resolution shall take effect upon date of passage. S � INTRODUCED, PASSED AND ADOPTED THIS I DAY OF SEPTEMBER, 1994. ZAVe4l'�&� MAYOR DAVID W. CLARK ATTEST: LINDA V. KOSIER, CMC, CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. BY: / 1 CITY ATY VOTE AYE NAY ABSENT MAYOR CLARK VICE MAYOR MONROE r COUNCILMAN RUSSO v _ COUNCILMAN JABLIN COUNCILWOMAN FURTADO C EXHIBIT "A" MEDIPLEX MEDICAL MALL LEGAL DESCRIPTION (Overall) A PARCEL OF LAND SITUATE IN SECTION 6, TOWNSHIP 42 SOUTH, RANGE 43 EAST; WITHIN THE MUNICIPAL LIMITS OF THE CITY OF PALM BEACH GARDENS, PALM BEACH COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE QUARTER SECTION CORNER LOCATED IN THE WEST LINE OF SAID SECTION 6; THENCE SOUTH 88045105" EAST, ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 6, A DISTANCE OF 504.59 FEET TO A POINT ON THE EAST RIGHT -OF -WAY LINE OF STATE ROAD 811 (ALTERNATE A -1 -A) AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL: THENCE SOUTH 14005109" EAST, ALONG SAID EAST RIGHT:OF -WAY LINE, A DISTANCE OF 328.81 FEET; THENCE SOUTH 59004'13" EAST, A DISTANCE OF 28.29 FEET TO THE NORTH RIGHT -OF -WAY LINE OF P.G.A. BOULEVARD; THENCE NORTH 75056'43" EAST, ALONG SAID RIGHT -OF -WAY A DISTANCE OF 195.00 FEET; THENCE NORTH 79052105" EAST, A DISTANCE OF 127.90 FEET; THENCE NORTH 75056'43" EAST, A DISTANCE OF 113.55 FEET; THENCE NORTH 74034153" EAST, A DISTANCE OF 193.66 FEET; THENCE NORTH 78026'44" EAST, A DISTANCE OF 180.17 FEET; THENCE NORTH 75056'43" EAST, A DISTANCE OF 11.29 FEET; THENCE NORTH 30056143" EAST, DEPARTING SAID RIGHT -OF -WAY LINE, A DISTANCE OF 56.57 FEET; THENCE NORTH 14003'17" WEST, A DISTANCE OF 484.04 FEET; THENCE NORTH 54059'19" WEST, A DISTANCE OF 32.76 FEET TO A CURVE HAVING A RADIAL BEARING OF NORTH 05055120" WEST, A RADIUS OF 575.87 FEET, AND A CENTRAL ANGLE OF 34052103 "; THENCE PROCEED WESTERLY ALONG THE ARC OF SAID CURVE. A DISTANCE OF 350.45 FEET TO THE END OF SAID CURVE; THENCE NORTH 61003117" WEST, A DISTANCE OF 227.10 FEET TO A CURVE HAVING A RADIAL BEARING OF SOUTH 28056'43" WEST, A RADIUS OF 501.87 FEET, AND A CENTRAL ANGLE OF 43046107 "; THENCE PROCEED NORTHWESTERLY ALONG THE ARC OF SAID CURVE, A DISTANCE OF 383.38 FEET TO THE END OF SAID CURVE; THENCE SOUTH 29010129" WEST, A DISTANCE OF 35.97 FEET TO A POINT ON A CURVE AND EAST RIGHT OF WAY LINE OF STATE ROAD 811 (ALTERNATE A -1 -A); SAID CURVE IS CONCAVE TO THE WEST HAVING A CHORD BEARING OF SOUTH 16031'57" EAST, A RADIUS OF 17314.23 FEET, AND A CENTRAL ANGLE OF 0035'23 "; THENCE PROCEED SOUTHERLY ALONG SAID RIGHT OF WAY LINE AND THE ARC OF SAID CURVE. A DISTANCE OF 178.25 FEET TO THE END OF SAID CURVE; THENCE SOUTH 10010'17" EAST, A DISTANCE OF 244.59 FEET; THENCE SOUTH 14005109" EAST, A DISTANCE OF 178.24 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING IN ALL, 15.60 ACRES, MORE OR LESS. 42390 4 EXHIBIT Mediplex Medical Mall PUD Development Program PHASE 1 Building 1 Medical Office /Prof. Office Surgery Center/Diagnostic Imaging /Rehabilitation Therapy and Ancillary Uses Medical Ancillary Space* Subtotal Building 2 120 bed Skilled Nursing Facility with subacute care TOTAL FOR PHASE 1 jn aNyi, %� 82,800 square feet 78,000 square feet 13,200 square feet 174,000 square feet 70,000 square feet 244,000 square feet PHASE 2 Building 3 Medical Office /Prof. Office 60,000 square feet Building 4 Medical Office /Prof. Office & 160,800 ,square feet Diagnostic Imaging /Rehabilitation Therapy and Ancillary Uses Medical Ancillary Space* 13,200 square feet Subtotal 174,000 square feet TOTAL FOR PHASE 2 234,000 square feet TOTAL BUILDOUT OF PROJECT 478,000 square feet * Medical ancillary uses are those uses that will provide a service function or support for the Medical Office /Diagnostic Imaging and Surgery components of the project. These uses may include, but are not limited to, pharmacies, medical supply outlets, medical book stores, printing, restaurants, etc. REVISED 12/20/93 9 - - - - - -- -CITY OF----- --- -- -------- ------------ _----------------------- - --- -- ---------------___ -- PALM BEACH GARDENS Augoa 25,1994 TO: The Mayor and City Council FROM: Planning and Zoning Staff MEETING: September 1, 1994 SUBJECT: Workshop /Consideration of Approval for Petition PUD- 93 -19, by James R. Brindell, agent for Mediplex Group, Inc., a request for Planned Unit Development and site plan approval for two 174,000 square -foot medical office buildings, a 60,000 square-foot medical office building and a 70,000 square -foot, 120 -bed skilled nursing facility on a 13.6 -acre site. This site is located at the northeast corner of PGA Boulevard and Alternate AlA within The Regional Center Development of Regional Impact (6-42S43E) Discussion James Brindell, agent, is requesting approval of a Planned Unit Development for the construction of two 174,000 square -foot medical office buildings (totalling 348,000 square feet), a 60,000 square -foot medical office building and a 70,000 square -foot, 120-bed skilled nursing facility. This 15.6 -acre site is located at the northeast comer of PGA Boulevard and Alternate AlA within The Regional Center Development of Regional Impact (DRI). It should be noted that the proposed 10 -story buildings will be 141'4" in height and will be the tallest buildings in the City. The Regional Center DRI approval (Resolution 9, 1984) allows for the construction of 1,210,000 square feet of Office and 400,000 square feet of Office/Research. The subject property and the parcel immediately to the north have a land use designation which allows for 400,000 square feet of Office /Research /Service. Staff, in consultation with the Treasure Coast Regional Planning Council and the Florida DepartL,ent of Community Affairs, determined that the petitioner must amend The Regional Center DRI to allow for the shifting of square footage and land uses within the master plan. The City Council adopted Resolution %, 1994 approving the DRI amendment. The project is propposed to be constructed in two phases. The initial phase will consist of the three -story, 120-bed nursing home facility and the 10 -story, 174,000 square -foot medical office building, which would front on PGA Boulevard. The petitioner indicates that construction on the first phase will occur soon after City approval. The second phase will consist of the five - story, 60,000 square -foot medical office building, to be located at the northeast corner of PGA Boulevard and Alternate AlA, and the second 10 -story, 174,000 square -foot medical office building, which would front on Alternate AlA. The petitioner indicates that the Phase 2 will build out prior to the expiration of the DRI in the year 2004. A pedestrian plaza is proposed around the 60,000- square foot building in Phase 2 of the construction. The plaza, to be constructed of either paver tiles or decorative concrete, will cover an underground parking deck and will have seating, gazebos, planters and fountains, A temporary plaza will-be constructed on the west de of the 10 -story office building during Phase 1. The Mayor & City Council Petition PUD -93 -19 August 25, 1994 Page 2 To resolve staff's concerns regarding the impact of the proposed flyover at PGA Boulevard and Alternate A -1 -A on the subject site, the petitioner furnished the City with a letter from Mr. James A. Wolfe, District Director of Production, with the De aruuent of Transportation, indicating that approximately 15 feet of additional right -of -way will be required along PGA Boulevard for the proposed interchange. The additional right -of -way required along Alternate AlA varies with the maximum being 10 feet. Therefore, the medical office building adjacent to PGA Boulevard will set back 125 feet from future right - of-way line and 114 feet from the future right -of -way line for the medical office building adjacent to Alternate AlA. City Engineer David Getz has reviewed the roadway plan and has no concerns. Attached for your review is chart outlining the type and square footage of uses proposed within the facility. A total of 13,200 square feet of medical ancillary space will be provided in the each of the 174,000 square -foot medical office buildings. The petitioner notes that the "medical ancillary uses are those uses that will provide a service function or support for the Medical Office /Diagnostic imaging and Surgery components of the project. These uses may include, but are not limited to, pharmacies, medical supply outlets, medical book stores, prenting, restaurants, etc." The Planning and Zoning Depacuuent has reviewed the Development Order and has determined that the ancillary uses proposed are allowed. The ADA allows "complementary activities" to coincide with the primary land use. The primary land use for the Mediplex development is Office and the "service commercial" proposed is allowed as a complementary use. Each of the 10 -story buildings will include a five -story parking garage. The 60,000 square - foot office building will have one level of underground parking. The nursing home will have ground parking. Per Section 159.169, Off- Street Parking Requirements, of the City Code, the parking requirement for a medical offices is five spaces for each doctor, plus one space for each employee or one space per 250 square feet, whichever is greater. Based on the parkin requirement of one space for each four beds plus one space for each employee for a nursing home, 120 spaces will be required. Because the petitioner does not currently know how many doctors will occupy the complex, the medical office parking requirement is based on the ratio of one space per 250 square feet, requiring 1,632 parking spaces. Under code requirements, a total of 1,752 parlang spaces are required. The petitioner has provided 1,758 parking spaces. Under the City's proposed Land Development Regulations (LDR), medical offices will have a parking requirement of one space per 200 square feet, requiring a total of 2,040 parking spaces. The nursing home parking requirement will not change in the proposed MR. Usin the proposed LDR parking requirements, a total of 2,160 parkin spaces is required. This is 391 spaces more than what the petitioner has provided. The petitioner has provided a parkin study from Kimley -Horn and Associates which indicates that only 1,317 parking spaces will be needed based on demand. Mr. Getz recoanizes the parking study prepared by Kimley -Horn as supporting evidence that the proposed number of parking spaces is sufficient. Access to the site will be from PGA Boulevard, Alternate AlA and Southwest Drive from the Gardens Mall site. The petitioner has agreed to construct, as a part of Phase 1, The Mayor & City Council Petition PUD -93 -19 August 25, 1994 Page 3 Southwest Drive from Alternate AlA to the western terminus of the portion of Southwest Drive to be constructed by the Good Samaritan North project. In addition, the petitioner will construct West Drive from PGA Boulevard to Southwest Drive. The petitioner will be responsible for landscaping the medians and both sides of the roadways of Southwest Dnve and West Drive. The petitioner is also responsible for landscaping the median on Alternate A -1 -A The petitioner proposes to install median landscaping to match the current mall landscaping on PGA Boulevard. City Forester Mark Hendrickson raised a concern that the existing Alternate A -1 -A median did not have curbing and questioned whether the state DOT would approve the landscaping,plan without curbing. Per direction from the Ciry Forester, the petitioner submitted a landscape plan reflecting the temporary landscaping to be placed within the median until a curb median is installed. This temporary landspping is to match the current median landscaping adjacent to Gardens East Aparturents and the Promenade Shopping Center. At its July 12, 1994 meeting, the Planning and Zoning Commi.quion raised a concern with the quality of the temporary median landscaping proposed on Alternate A 1 -A and suggested that the landscaping be supplemented and enhanced. Staff is seeking direction from the City Council whether the theme of landscaping along Alternate A -1 -A should continue adjacent to the Regional Center as recommended by staff. Building Official Jack Hanson has reviewed the proposed si a for the project and he notes that the proposed wall- mounted signs do not meet the City iga Code as a signs are not to locate higher than the fourth floor. Mr. Hanson does indicate that he recommends approval of the signage through the PUD process. The Fire Depattrrrent recommends approval with one condition requiring the installation of stand pipes, fire hoses and an automatic sprinkler system in the parking garages for fire suppression purposes. At its July 12, 1994 meeting, the Planning and Zoning Commission unanimously recommended approval of this petition to the City Council with the following applicable conditions: 1. The subject Planned Unit Development shall not be approved until after the final and non - appealable approval of the Development of Regional Impact Development Order amendment by the City Council. 2. Prior to the issuance of the first Certificate of Occupancy for Phase 1, the following road and utilities therein shall be constructed and open to the public: a. The internal loop road within Phase 1. b. Southwest Drive from Alternate A -1 -A to Fairchild Gardens Avenue (A portion of this road is the responsibility of the Good Samaritan North PUD), including the construction of the 6 -foot sidewalks and landscaping on both sides of the road C. West Drive from PGA Boulevard to Southwest Drive, including the construction of the 6-foot sidewalks and landscaping on both sides of the road The Mayor & City Council Petition PUD -93 -19 August 25, 1994 Page 4 3. The future right -of- -way requirements for the grade separation of the PGA Boulevard /Alternate A-1 -A intersection shall be dedicated to the FDOT at no charge as generally depicted to sheet C4, dated February 16, 1994, ppr�epared by Difonte & Thomas, Inc., within 30 days of the date of request by the OT. 4. The petitioner shall comply with the permit conditions set forth by Northern Palm Beach County Water Control District in their June 14, 1994 letter to James R. Brindell and the petitioner agrees to participate in and comply with the implementation of Phase I and Phase II pro�ams as set forth in the report entitled, Feasibility Study and Conceptual Plan for Satisfying Future Irrigation Demands in Unit 19. Northern Palm Beach County Water Control District'and any amendments thereto. 5. The garage for each phase of the project shall provide a stand pipe and fire hose for purposes of fire suppression, in addition to the garages being protected by an automatic sprinkler system. 6. Areas that have been allowed to have vegetation or ground cover removed purs-lant to the approved site plan, and subsequently abandoned for any reason for more than three months, shall be seeded with grass immediately upon request by the City or the City shall have the work done at the owner's expense. 7. Prior to clearing or construction, trees or native areas designated for preservation shall be tagged or roped -off. Prior to land clearing, the developer shall erect and maintain protective barriers around the drip line of the trees to be protected. All work shall be inspected and approved by the Landscape Architect of Record and the City Forester prior to the issuance of any Building Department permit requiring land clearing. Section 15320 shall also be enforced during construction. 8. All tree protection /relocation and landscape work shall be performed using current professional landscaping standards. The Landscape Architect of Record shall monitor all tree protection efforts, all tree relocation work, all landscaping work, and any work that affects the outcome of the approved landscape plans. The i andscape Architect of Record shall notify the City prior to any modifications to the approved landscape plan. 9. All trees or plants designed for reservation /relocation that die during construction or because of construction practices shall replaced using the following schedule: For every inch of tree caliper lost, three inches of new tree caliper shall be replaced with like specie. The minimurn replacement tree shall be three inches in diameter. Palms shall be replaced with like specie one for one with a minimian IV height. Shrubs shall be replaced with tike specie one for one with a minimum 30" height. If the site can not support the total number of replacement trees as required above, City Council may permit the developer to donate excess trees to the City for planting on public lands. The Mayor & City Council Petition PUD -93 -19 August 25, 1994 Page 5 10. Prior to the issuance of the Certificate of Occupancy the Landscape Architect of record shall certify in writing to the City that the landscaping has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall a approved by the City Council. Once the City has the certified letter from the Landsca Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. 11. Project shall abide by Resolution 2, 1993, which requires, prior to filing of the plat, the petitioner shall post a bond for the installation of the infrastructure including the common and project landscaping/buffer and entry feature for each phase in which a permit is issue 12. Prior to the C.O. of Phase 2, if permitted by FDOT, the developer shall install permanent landscaping pursuant to the Landscape Plan in the portion of the median of Alternate AlA that is adjacent to the project in conjunction with the State's improvements to Alternate AIA, and said median landscaping shall match that of PGA Boulevard. If the State's improvements to Alternate AlA will not be completed b the time that Phase 2 of the project is completed then, in conjunction with the of Phase 2 of the project, the developer shall install (if permitted t the I in the portion of the median of Alternate A1A that is adjacent to the project; such landscaping shall conform to the interim landscaping provided by the Gardens East PCD in Alternate AlA and shall be irrigated. 13. Any meandering sidewalk or roadway landscaping, including the median; along PGA Boulevard and Alternate AlA adjacent to the project that is removed in conjunction with the required construction of an overpass at PGA Boulevard and Alternate AlA or the widening of Alternate AlA in the azea of the project shall be replaced by FD and is acceptable to the City shah be replaced by �e property owner of the project within. thirty days of request by the City. 14. The landscaping along Alternate A -1 -A property shall match the landscaping along PGA Boulevard. 15. A bond shall be posted for the meandering sidewalk along Alternate A -1 -A and the first 55 feet of landscaping from PGA Boulevard to Southwest Drive, construction of which shall commence within 18 months. 16. There shall be no clearing of Phase H except within the first 50 feet from the Phase I boundary during the construction of Phase 1. At it August 4, 1994 meeting, the City Council discussed this petition and made the following comments; 1. Provide the height of the flyover. The Mayor & City Council Petition PUD -93 -19 August 25, 1994 Page 6 2. Provide a landscape plan showing the relocation of the landscaping at the intersection of PGA Boulevard and Alternate AlA. 3. Provide the height of the fast two stories or the height of the building above two stories. 4. Provide verifiable documentation as to when Alternate AIA would be widened and the ultimate landscape plan to be installed 5. Additional conditions ensuring the uses would be ancillary. Attached for your review is the petitioner's August 16, 1994 narrative responding to the Council's comments. The petitioner has provided a landscape plan reflecting the relocation of the landscaping at the corner of PGA Boulevard and Alternate AlA. City Forester Mark Hendrickson has reviewed the revised plan-. and has no concerns. To address the Council's concern with the propmd ancillary uses, the petitioner proposes a condition prohibiting these uses from be' "p ysically ?m-cessible directly from the outside of the medical office building." Staff would further recommend that this condition prohibits external signagge for the ancillary uses. The petitioner also has requested revisions to the conditions #1, 3, 10,13 and 16 (condition X15 in ordinance) recommended by the Planning and Zoning Commimion (see 8/10J94 letter). Staff has met with the petitioner to discuss the p d language. Staff no concerns with the revisions to conditions #1, 10 and 16 (condition X15 in ordinance). Staff is not in agreement with the proposed revisions to condition #3 or the last revision proposed to condition #13. i TELEPHONC 14071 655-1980 FAX 14071 605 -5677 GuzgsTER, YoAxmzy & STEwART. P. A. ATTORNEYS AT LAW PHILLIPS POINT. SUITE 500 EAST 7Tl SOUTH FLAGLER DRIVE Wear P.r.,. BEACX. H'LOnm. 884014194 PO BOX 4667 VF*M P.— B>0AC8. FLOotn1� U409 -4507 OUR PILE NUMO[R VVWTZ" D /ACCT MAL NUN■Ei! 10300.00011 (407)650 -0618 August 16, 1994 Via Telecopy and Hand Delivery Richard Walton, AICP City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Mediplex Dear Rich: OTHER ORIOES IN 6TUAIM FL MOM 166-960 PT L4UDER0ALLrL0=462jN= 4 C4 OtPBa AVG is IM FUMING ZONING The following is a response to the items in your August Sth letter to me regarding the City Council's comments: 1. The height of the flyover at its peak is approximately 28 -1/2 feet. This is approximately the same height as I -95 where it passes over PGA Boulevard. Please see the attached letter from Gene DiFonte of DiFonte and Thomas Engineers. As we have told you in the past, DiFonte and Thomas worked as consultants to DOT on the design of the flyover. 2. The Canary Island date palms that are located on the corner of PGA Boulevard and AIA are actually in an easement held by the MacArthur Center Property Owners Association, Inc. The palms are the property of that association. We spoke with a representative of the Association regarding this issue. He told us that in the event that the flyover is constructed, the Canary Island date palms that are currently located on that corner will remain on the corner but will be relocated behind the new right -of -way line for the flyover. It is anticipated that the palms will not be obstructed by the flyover as the portion of the flyover at that corner consists of an at grade on -ramp. Please see the attached plan showing the approximate relocation area. Richard Walton, A1CP August 16, 1994 Page 2 3. The height of the top of the second story in each of the medical office buildings is 26 feet. All height information is shown on elevations plans on file in the City Planning Department. 4. Please see the attached memorandum dated August 16, 1994 from Joe Pollock of Kimley Horn and Associates, the traffic consultant for the Mediplex project as well as the Regional Center DRI, with regard to'your question about the timing of the AlA improvements. S. The ancillary support service retail and restaurant space of 13,200 square feet in each of the two proposed medical office buildings has been accounted for in the traffic analysis. It is assumed in that analysis that such support space will attract customers who are not patrons of, or employees in, the office buildings in addition to building patrons and employees. Given the relatively small amount of support space provided within each of the medical office buildings, that space will, by nature and proximity, relate to the users in the office buildings and will attract predominately employees and patrons of tenants in these buildings or adjacent buildings. Furthermore, the presence of the Gardens Mall will not enable the support space in the two medical office buildings to compete very strongly for outside trade. As the Regional Center builds out with more residential and office, there will be more internal capture by the support service spaces in the MOBs of persons within the Regional Center as a whole. CONDITION: Medical ancillary uses shall not be physically accessible directly from the outside -of the medical office buildings (except for any required emergency exits) . GUN&XzS. YOA—VT & STZWAR'r P"Cre nn"ft Af�OC1A71pN ATTOPOMM AT LAW M Richard Walton, AICP August 16, 1994 Page 3 As soon as you have some time, preferably well before our meeting with the Council on September 1, 1994, I would like to go over the changes to the conditions of approval that I had hand delivered to you on August 10th. I look forward to hearing from you. $6530 Sincerely, J s R. Brindell Gvxsrae, YCL—T & STZWA= PROVINNOMM M� .aie�wo•$s trr AU OtP.8.4 DIFONTB & TWW, INC. Consulting Engineers 13M Corporate Center Way, Stitt 201 Wellington, Florida 33414 Tel: (407) 798 -9981 Fax (407) 795 -9408 MEMORANDUM DATE: August 12, 1994 TO: Mr. James R. Brindell, Esquire G roster Yoakley & Stewart P.A. FROM Eugene A DiFonte, 9!�C- SLMJECT: ECT: Mediplex Medical Mall Grade Separation - Height of Shvcture DTI94022 Pursuant to a letter dated August 5, 1944 Jxom I dvxd F. Watton, Director of Platvni>ag and Zoning Deparhnent at the City of Palm Beach Gard n, please be advised that the elevation difference bed the fly -over at its high point over the existing railroad tracks is about 28.5 feet. If there are any furd= questions or you have any suggestions regarding this matter, please advise. 1 Q& Of pB� CA ,J." "Vr, A4 7UE It d24- DfFein i'e - "' _- ,15umaa. •nC r>�s -.ve 1 DIFONTB & TWW, INC. Consulting Engineers 13M Corporate Center Way, Stitt 201 Wellington, Florida 33414 Tel: (407) 798 -9981 Fax (407) 795 -9408 MEMORANDUM DATE: August 12, 1994 TO: Mr. James R. Brindell, Esquire G roster Yoakley & Stewart P.A. FROM Eugene A DiFonte, 9!�C- SLMJECT: ECT: Mediplex Medical Mall Grade Separation - Height of Shvcture DTI94022 Pursuant to a letter dated August 5, 1944 Jxom I dvxd F. Watton, Director of Platvni>ag and Zoning Deparhnent at the City of Palm Beach Gard n, please be advised that the elevation difference bed the fly -over at its high point over the existing railroad tracks is about 28.5 feet. If there are any furd= questions or you have any suggestions regarding this matter, please advise. 1 Q& Of pB� CA ,J." "Vr, 4 A } 11. _4 +� * ;x r.= 'TityM y� ,�: � � ' y' L� ru ♦f '.it��f tc ti ^; - � E ,wrMr ` j � ``� � , � I �rl �.1 •, y Lam; � .' ...i r J 1 ! ' ) ,fr { +�a�t7 y�gl�r� ��l A r c e�3� u cfkl�' n5 ' +r ¢ •' 4N ♦ ai ', WE ;,/�k j;, 1 c _`'� Z Fri;" i 1• •. •� ' k •r.i x.7',7 s• , !. t UP ✓1�'r+ � y :a e Fir- � .. '� i !y • -k _r r. �7"l .' . \t •2 �'. '1 x .. ���: ` � `1�y1 S•• ?T :d���..1', 1, � • � w ��i� ❑i♦� KmleyHom !• and Associates, Inc. ,ra SMOMWN i Memorandum To: Mr. lames Brinddi IFrom: Joseph B. Pollock, fr.. Date: August 16, 1994 Subject: Alter!±je- AlA Wldening The Regional Center Development Orders requires that Altergate AIA between FGA Boulevard and Hood Rued be widened to six (6) lateen within eighteen (19) months of the determim6on in die aemmt traffic monitoring program that the average daily trains volume for that roadway section exceeds 30.700. The 1994 Peal Stwon Regional Annual Ttaft% Mon3Mring Repurt indicates the volume w j be 27.710 vehicles per day. This is 10 percent less than the threshold volume which requires improvement. Traffic volumes an this section of roadway have been dccrp.?ino slightly for the last 4 yews. With development now onaurrlog in the Regional Center and with ttio upturn in the eonnomy, the 30.700 tht--d-ld value will probably be exceeded in 1997 or 1998. JBP:jsl �4727D0•Speerifsal ■ Ta W s+s cuss RKWMcrs ■ 441 GAMAM D" WN P* NNN Radm sW F 1 TLL VMONL 14071 6 5 5-1960 FAX 14073 655-5677 (� l GUN$TER. Yo.- -xacY & Si/CW LRT, P. A. ATTORNrn AT Lww PHILLIPS POINT surm 500 CAST 7" SMITH ILAQLER ORN[ it Wam P••.,• Bs&ca. ft cs,••• 7S4OLd 94 Pa IL IPXO7 Wssr P_••.,r Bzroa. y'LO�.n. Sy409 �6Y7 C 10030.00011 — a,,,, Me KA .�.,aQI=rM,L1UH.M (407) 650 -0511 August 10, 1994 : Via Hand Delivery Richard Walton, Director of Planning City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, FL 33410 -4698 Re: Mediplex Medical Mall Dear Rich: We have reviewed your report to the Mayor and City Council dated July 28, 1994 in which you listed 17 conditions of approval. We find conditions 2, 4, 5, 6, 7, 8, 9, 11, 12, 14, 15, and 17 acceptable as drafted. We believe we are in agreement with the intent of conditions 1, 3, 10, 13, and 16. However, they require, in our view, some clarification. Each of those will be discussed below. Condition 1. It is our understanding that the purpose of Condition 1 is to ensure that a building permit is not issued by the City for the project until the Regional Center DRI Development Order Amendment is final. It is further our understanding that this is not intended to preclude the approval of the medical mall by the City .during the running of the development order appeal time. Therefore, we suggest the following revised condition: The subject Planned Unit Development shall not be issued a buildina permit ohall not be approved. until the final and non appcalablc approval amendment of the Regional Center Development of Regional Impact Development Order anoroved amcndmcat by the City Council in Resolution 96. 1994 becomes final by virtue of the exniration of the anneal time with no 4nneal beina filed or, if an anneal is filed. the resolution of such anneal. Richard Walton, Director of Planning August 10, 1994 Page 2 Condition 3. It is a small technical point, but our client can only convey the right -of -way which is the subject of the condition if it has title to that property at the time such a request is made by FDOT. Therefore, we suggest the following revised condition: The future right -of -way requirements for the grade separation of the PGA Boulevard /Alternate AIA intersection shall be dedicated to the FDOT at no charge as generally depicted on sheet C4, dated February 16, 1994, prepared by DiFonte and Thomas, Inc. within thirty days of the date of receipt by Petitioner of a request by the FDOT. provided petitioner has title to said right -of- wav property at the time of such a request. Condition 10. It is our understanding that the purpose of this condition is to ensure that the landscaping which is associated with a particular building will be installed by the time a certificate of occupancy is issued. Therefore, we suggest the following revised condition: Prior to the issuance of the Certificate of Occupancy for a Darticular building in the project, the Landscape Architect of record shall certify in writing to the City that the landscaping associated with that building has been completed per the approved landscape plans. Any major changes to the approved landscape plans shall be approved by the City Council. Once the City has the certified letter from the Landscape Architect, the City Forester shall inspect the site for compliance. Once compliance has been confirmed by the City Forester, the City Building Department shall be notified. Condition 13. It is our understanding that this condition is intended to place an obligation on the project owner to replace certain sidewalk and landscaping along the PGA and Alternate AIA portions of the project if they have been removed in conjunction with the construction of an overpass at PGA Boulevard and Alternate AIA. The current language of the condition appears somewhat garbled and we would suggest the following revised language: Any meandering sidewalk or roadway landscaping, including the median, along PGA Boulevard and Alternate AIA adjacent to the project that is removed in conjunction with the required construction of an overpass at PGA Boulevard and Alternate AIA or the widening of Alternate AlA in the arcs of adjacent to the project shall be replaced, !: if acceotahle to FDOT and " GUNST a. YO------T & STawAW ATIOMOM At ur Richard Walton, Director of Planning August 10, 1994 Page 3 acceptablc to the City, one time shall be rcplaccd by the property owner of the project within thirty days of request by the City and the receipt of all necessary Government approvals. Condition 16. It is our understanding that this condition is to be tied to the issuance of a building permit for Phase I of the project. Therefore, we suggest the following revised language; Prior to the issuance of a buildinG permit for Phase Z.,._a bond shall be posted for the meandering sidewalk along Alternate AlA and the first 55 feet of landscaping from PGA Boulevard to Southwest Drive, construction of which shall commence within 18 months of issuance of the first building permit for Phase I. We would appreciate hearing from you as soon as possible about whether these proposed condition revisions are acceptable. Sin ely yours, Ja R. Brindell CC: City Council Bobbie Herakovich Tom Baird Bob Miller Tom Hunt JRB/ j w .u.2. GUNS=& YOAZLXT & Srsrwar McPaDONA. eo�nwr reears3s�s uw it CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL • PALM BEACH GARDENS. FLORIDA 334104698 September 16, 1994 W. James R. Brindell Attorney at Law Gunter, Yoakley & Steward, P.A. 777 South Flagler Drive, Suite 500 West Palm Beach, Florida 33401 Dear Mr. Brindell: Enclosed please find a copy of Resolution 118, creating a Penned Unit Development for construction of professional office building and a skilled nursing facility within the Regional Center District on certain lands located within the City of Pahn Beach Gardens and more particularly described in Exhibit "A" attached hereto and made a part hereof. Resolution 118,1994 was approved by the City Council at their Regular Meeting of September 1, 1994. Sincerely, d44-*� Cindy Ifarvey Acting Deputy City Clerk /cmh Enclosure - As Stated TELEPHONE 14071655-1980 FAX 14071 863 -5677 GTTigsTER, YoAKi.Ey & STEWART, P. A. ATTORNEYS AT LAW PHILLIPS POINT. SUITE 300 EAST 777 SOUTH FVKiLER DRIVE WVIBT PAX M BMAOH,'FLORIDA 88401 -6194 P O BOX 4367 WmBT PALM $ZAOB, PWRIDA 98409-4687 OUR FILE NUMBER 10030.00011 WRITERS DIRECT DUAL NUMBER (407)650-0618 October 7, 1994 Bobbie Herakovich City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Re: Mediplex Medical Mall Dear Bobbie: loin OTHER OFFICES IN STUART. FL 140%1 2801950 FT LAUDERDALC FL 0031461-2000 We reviewed the adopted version of the Mediplex PUD Resolution 118,1994. We noticed that several words are missing from Section 9 of the Resolution. Without the missing words the sentence does not make sense. We believe that Section 9 should read as follows (underline reflects missing words): Section 9. Petitioner, prior to the issuance of the first Building Permit within the Planned Unit Development, shall deliver to the City a recordable Unity of Control by all owners of the property in requisite form approved by the City Attorney, acknowledging that the lands described in Exhibit 11A ", if developed, shall be developed in accordance with this resolution, unless otherwise approved by the City Council. We would appreciate it if you would have this section corrected. Thank you for your help. If I can answer any questions please feel free to call me. 4�Sincerely,4 Q� Kimberly M. 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I, tl'Rs 1401 Foram Way, SuYte 100 1 / N ° ngi PALM BEACH GARDENS, FLORIDA West Palm Beach, Flodda 33401 checked by: AEO �°°r°1� A $ T (561)694E841 fa°(561)6W4E990 ---------- - - 13 O r — - ------ I T,7---- ==F)yq --------------- V 0 'm_ 0 T � 0 PHASE 2. PHASE 2b sheet title: OROU file name: .%FLOOR PLAN . DWG (FLOORI) proJea no: 9]193 revlspns: 1 date: 6/30/99 GARDENS CORPORATE CENTER PHASE 2a & PHASE 2b PALM BEACH GARDENS, FLORIDA Oliver- Glidden & Partners Architects & Planners, Inc. 1401 F—n Way, Suite 100 West P.I. Beech, Florida 33401 ISO,) W46541 lax (561) 684 M n u%rrnxcn�seuzc- eon�suue.9vs vie wu n og w: n nor slz /or prauc.... pmu ❑ rrJwrr O-o 0IIIO1-1 ❑ coNxrxix'i IuN g (p M Y1 O I • I 'a � y ii►�rii ui�iii hetfill.: GARAGE PLAN filename: occ– ELB.DWG (FLOOR2) I 1 '19,11111 GARDENS CORPORATE CENTER projeClno: 91193 mvisiens:s$ aaa PHASE 2a & PHASE 2b date: 6/30/99 lh-ii drawn by corz aR9g PALM BEACH GARDENS, FLORIDA draHxed by: Ado ®ama ar.�a a �•� Oliver- Glidden & Partners Architects & Planners, Inc. 1401 Forum Way, Suite 100 Welt Palm Beac h, Florida 33401 (581)684E01 tax(561)664 W vD -r1 �O O VA ®o � —4 I.1 r a o A 6 -, I I r Z i I PHASE 2. PHASE 2b Iheel Otte: TWCIAL FLOOR PLANI €>' � °s`g g filename: GCC— EIB.DWG (IRDDRTYP) iq GARDENS CORPORATE CENTER project no: syts3 revisrons: � PHASE 2a &PHASE 2b - Oliver- & Partners date: 6/30/99 Architects & Planners, Inc. �. tlrawn by: COR 1401 Forum Way, Suite 100 checked by: AEO �R PALM BEACH GARDENS, FLORIDA west Palm Beach, Florida 33401 • (561)664.6841 fax (561) I , _ L I , d I I A I R II � I Cb I I � II 8 I) I I II a II I I I I I e II I ®o � —4 I.1 r a o A 6 -, I I r Z i I PHASE 2. PHASE 2b Iheel Otte: TWCIAL FLOOR PLANI €>' � °s`g g filename: GCC— EIB.DWG (IRDDRTYP) iq GARDENS CORPORATE CENTER project no: syts3 revisrons: � PHASE 2a &PHASE 2b - Oliver- & Partners date: 6/30/99 Architects & Planners, Inc. �. tlrawn by: COR 1401 Forum Way, Suite 100 checked by: AEO �R PALM BEACH GARDENS, FLORIDA west Palm Beach, Florida 33401 • (561)664.6841 fax (561) �tl m0 O �n -D II r— ,z Oliver- Glidden & Partners Architects & Planners, Inc. ) * 1401 Forum Way, Suite 100 West Palm Beach, Florida 33401 (561)681. fav(561)6846890 me name: GCC— EIE.DWG (ROOF) ljses � OD re -iene: T. m II ®mplAn eiv�nars w TlNfl checked by: AEO ®utpemnrvnae r PALM BEACH GARDENS, FLORIDA Z« SYS m Z�� If �1 2 PHASE 2. PHASE 2b I sheet title: ROOF PLAN I Oliver- Glidden & Partners Architects & Planners, Inc. ) * 1401 Forum Way, Suite 100 West Palm Beach, Florida 33401 (561)681. fav(561)6846890 me name: GCC— EIE.DWG (ROOF) ljses GARDENS CORPORATE CENTER Pro)e� nd: a „83 date: 6/30/99 re -iene: e�•t¢ea¢ 9 �¢9� PHASE 2a & PHASE 2b aawn by coR ®mplAn eiv�nars ®'93 AyRve checked by: AEO ®utpemnrvnae S �q� PALM BEACH GARDENS, FLORIDA Oliver- Glidden & Partners Architects & Planners, Inc. ) * 1401 Forum Way, Suite 100 West Palm Beach, Florida 33401 (561)681. fav(561)6846890 atiis si 't ■ c L t+ ■ ivu 3i f"f 2l 5�5�:0 "w rN �m m n N SL r M M ^' D 6, 7 O sheet tl0e: GARAGE PLAN filename: ccc- tae.owc protect no: 91,93 � revi: _` date: 6/30/99 Q1 fY/7. drawn by: COR �sddQQAA�' checked by: AEO GE Ey GARDENS CORPORATE CENTER PHASE 2a & PHASE 2b aemm�ia "at�AkA PALM BEACH GARDENS, FLORIDA e o� ERR - , Oliver- Glidden & Partners Architects & Planners, Inc. 1401 Forum Way. Suite 100 West Palm Beach, Florida 33401 _ __ (561)664 -Wl fat(561)68415M 4��d/ '" v V+a�cnrcnvf�se�sa- eonwafla.wly �cea Wu zs lzz¢w xval �aa ^ vu, 0111GINAL ❑oo ia-,xurn�u Z M a � M { m 1 I Iw I I51 Iv0 Ira h' N t-r tr m FA- Y M N rTI m D O v v Z v v a � v � v 6m MY atiis si 't ■ c L t+ ■ ivu 3i f"f 2l 5�5�:0 "w rN �m m n N SL r M M ^' D 6, 7 O sheet tl0e: GARAGE PLAN filename: ccc- tae.owc protect no: 91,93 � revi: _` date: 6/30/99 Q1 fY/7. drawn by: COR �sddQQAA�' checked by: AEO GE Ey GARDENS CORPORATE CENTER PHASE 2a & PHASE 2b aemm�ia "at�AkA PALM BEACH GARDENS, FLORIDA e o� ERR - , Oliver- Glidden & Partners Architects & Planners, Inc. 1401 Forum Way. Suite 100 West Palm Beach, Florida 33401 _ __ (561)664 -Wl fat(561)68415M 1 w , pn t -ao,a ax -E�.aw w.n ,a: ao -, o D OIIIGINAl O'�sl�^�^ °von, z >oo � A Z N r` 4 M m m D 00 m� IT_4 N 0 m N m m < D O z m m � c o I Oliver. Glidden & Partners i Architects & Planners, Inc. 1401 Forum Way. Suite 100 West Palm Beach. Florida 33401 (581(6846811 fax(561(664d890 U3 -0 N �r F m„ rN D 111111 i ah eltiae: GARAGE PUN ename: BLEVI a file GCC- EL8.0a GARDENS CORPORATE CENTER Poie�i ro: �, date: 6/30/99 swab ^.�a` �nmrw wa mam p PHASE 2a & PHASE 2b dd�ieck eyby: A�EO 4, mm stwtos marm'. �aA °l�i �r PALM BEACH GARDENS, FLORIDA � c o I Oliver. Glidden & Partners i Architects & Planners, Inc. 1401 Forum Way. Suite 100 West Palm Beach. Florida 33401 (581(6846811 fax(561(664d890 P. \PIfPIFCiU [DIVE \9B \GCC-00]3\6LC{IIB.O•C �M� ❑NtUO UaS ❑UU) OIUCINAI ❑roruyµV�I��UiU • ■ ■EE ■E ■■ UL —411 ■ SIN -i "m u m om o< O z Sheet title: GARAGE PLAN to name CCC—GaBA.D 6P]ckotnoIea revisbnsslTEEL)[�¢g GARDENS CORPORATE CENTER PHASE 2a &PHASE 2b Oliver. Glidden &Partners date: 8 30/99 ®Wwb Wig 3qi >i$ / a• $ ; a 1401 Architects m 8Planners,Inc. Way, Sufte 100 drawn by: AE0 ®®y]pp �.,,� �-tsg PALM BEACH GARDENS, FLORIDA west P.I. Baas,. Florida 33401 checked by: AEO ®m/aA>t aroma T �R� (561)6846891 Fax (561(6BiW P\ Cal. E[ , \xCntS\9A \G[C- B�%iUt[- 6fPB.OMG �k0 Wg 12 gA'a9'. 562W1 06P P�P0.uV0.L13 Qum° OIUGIN/W o mw ru i- Frn 1" al rr �A I I A I I IT I I I— r x t+ nl x i I I I I I 1 < =H 1-1-1— =Ij+I::H:: J= < Ell IT a� I . - -- IT-I-T -I - -I_ LLLL - g8 A 5 g g G R R i � -� -rrl � - rrrrrrri_1 -i -rrrr I E I I I I I I I I rl I a I s a ' f T TFIF - r1- 1---rr -rrrr I All, s�Ua�ti € I ti zrn _I IIIIIIII illilllII I° IT oar, 9 yam IT Z. � 70 I a 1 rn j ti a li sneer 66 °: G=-Ge AJDU file name: GCO{ ADIIY !GARAGE) E $ g °po�?e� GARDENS CORPORATE CENTER Oliver- Glidden &Partners +� P°;e°' ^ °° 97193 ree °ns: p gi PHASE 2a & PHASE 2b Amhitects&Plannen:,Inc. data: `Ay1 ®aNPNc r.. axlnW 'X ;.�° I draw^ by. COR II ®�NsM ° fl' aR° PALM BEACH GARDENS, FLORIDA 1401 Forum Way, Suite 100 checked by: AEO ®oyalfi acaa,a F �0. West Palm Beach, Ronda 33401 • (561)6 -Ml fax(551)W4.6M P.\ Re. E[i \KII�£\%1GL'9Jfl\GR- GElH.01�G MY lug R 4)x:51 fi01 I oa.e 091GINAL oro���.- �, °� °�° w 15 Ip IF t u = l I I I I 9 i Ic � 14 IS IS 1 v I F A v � N 'e II v N C m Sheet OOe: GARAGE PLAN ( sp�$�� filename: GCC– GELB.DWG GARELE 1 E• A 4 Y' pfOJ8CI L10: Y/193 revlsl0n3:�y�Y�g N date: 6/30/99 ®oirycmi amnaxs drawn by: COR ®oern/m nFv.rors paRsae� checked hY AEO R �° O O O O =J m N tim •D Iz GARDENS CORPORATE CENTER PHASE 2a & PHASE 2b PALM BEACH GARDENS, FLORIDA Oliver- Glidden & Partners Architects & Planners, Inc. 1401 Fan- Way, Suit. 700 West Palm Beach, Flwida 33401 (561J6646641 1.(551)6840N 0 r v I F A v � N 'e II v N C m Sheet OOe: GARAGE PLAN ( sp�$�� filename: GCC– GELB.DWG GARELE 1 E• A 4 Y' pfOJ8CI L10: Y/193 revlsl0n3:�y�Y�g N date: 6/30/99 ®oirycmi amnaxs drawn by: COR ®oern/m nFv.rors paRsae� checked hY AEO R �° O O O O =J m N tim •D Iz GARDENS CORPORATE CENTER PHASE 2a & PHASE 2b PALM BEACH GARDENS, FLORIDA Oliver- Glidden & Partners Architects & Planners, Inc. 1401 Fan- Way, Suit. 700 West Palm Beach, Flwida 33401 (561J6646641 1.(551)6840N P. WI6. ECG \ALIIH \9BVtL -BOT] \GLti£LB.OXG 4E 4q 2t IV. 00: 03 N01 � OrA ;o 'm II I1` m ppdpq so ",$ Sheet title: GARAGE PLAN �'�at"a: CG- GEL6.DM SGARIELEV� g �a g gg GARDENS CORPORATE CENTER I� Oliver- Glidden & Partners ro ect no: 6119] revisions: C. date: 6/30/99 I A0ro 10� ,�A �� ' �`�° PHASE 2a & PHASE 2b p � 1401 F cts Way, S de 1 Inc. drawn by: GOO ®oaR4ol uEV.rars PyRsa Wes Faum Way, Suite 100 a,e<ked by: Aeo g �, PALM BEACH GARDENS, FLORIDA West Palm Beach, Fbrida 33401 • (561)6844WI W(56/)6"90 V \RnJECiUtI1�F \9B \[ OLP o' GI<IGINAL ❑ NxSMU[ 5 g a] A R �D JO z < —I—� I I I -1 ! — I- 1- 1 —i —I -1 —1 1T 11111111;1111111111111.1 I ( a a tan D = € N ' I tan D = € N ,Fn A D M �I zrn --- 'Y e_ can > C7 m n������ I sheet title: 41TE PLAN file name: c�GG- ciPApuY (GARA6EI Project no: 97193 date: 6AI/99 reVis10115: �wmn ®nNtM vre drawn byCaR/BW ®a>ryeNi n[vancxs checked bY: /.EO ,�gm,nl nnnnms H a , —I -1 I— I- 1_I- 1.1 TI: _1.1_ ^1= IT , g ;giros IT o °iH-0 l_ _I_l102- 1- 1 -1 -1- 1°11.1_ ! �l Vf�dFI ------------ IT _ 6 lT U.o° 5 �'.y 1T i �° �; IIIIIIIIIIIIIIIIIIIIII �� _ a § p 1-7FF-1-11 P1 — 1— I--- - -I —I. — I_I- 1-_ IT IIIIIIIIIIIIIIIIIIIIIpI GARDENS CORPORATE CENTER PHASE 2a & PHASE 2b PALM BEACH GARDENS, FLORIDA Oliver. Glidden & Partners Architects & Planners, Inc. 1401 Fo Way. SWe 100 West Palm Beach, Floritla 33401 (561)664.6BH 1. (561) �I i PW' �O. ECf \�Ctnf\9BV.Cf- BOT! \GCCiSLB.oIG Mee .Wg i20?595)N01 WP ❑ W 41�o I utNn C ONIGINAL � OONiixtic�i °� u u F C 4 A 3 n AD A. 1: �N m ;a RM o o a a a �i a o a os- M i g /� Isheet btle GARAGE PLAN I ad4�§ filename: CCC- GELB.DNG lGARFJ.EYt' 41��e4 GARDENS CORPORATE CENTER P oect 9 ,9] rev ons: a Oliver. Glidden & Partners a =it PHASE 2a & PHASE 2b date: 6/30/99 mmias/m tttv�ttxs � � A-hi-- 8 Plenaers, Inc. lvl7. I ',/21AI nfl nay I a� . 9 dravm try: COR- %ea 1401 Forum Way, Sulfe 100 checked by: AEG �° �, PALM BEACH GARDENS, FLORIDA west Palm bead\, Florida 39401 468 (561)684+ tax (56i)684-6M P\ na[ C i \rCII\E \9B \�C- BOI3 \�'-�1B.Ur�G MBE W02210:OO: p92W1 4�zrf� oa... -a 'm 611 sib rb l<I Ir, L� ufu4 L�P.sN�t� �BhSH I 'm m O ela%11e: GARAGE PLAN A L,, file name: LB.DWL^ (G, t^ 5���'' raviswns: tlrawn by: COR ®rnro� i.4 ' �� • • In' �'In,�3sln, nnuuuuu nuuuuuu' nuuuuuu'�Y' L� ufu4 L�P.sN�t� �BhSH I n Z n O m A . —1 N M M O I .r„ GARDENS CORPORATE CENTER PHASE 2a & PHASE 2b PALM BEACH GARDENS, FLORIDA Fy fi� A Oliver. Glidden & Partners Architects & Planners, Inc. 1401 Forum Way, Suite 100 West Palm Beach, Florida 33401 (561)664a0a1 W(561)664bM 'm m ela%11e: GARAGE PLAN A L,, file name: LB.DWL^ (G, project rw: w183 raviswns: tlrawn by: COR ®rnro� checked by: AEO n Z n O m A . —1 N M M O I .r„ GARDENS CORPORATE CENTER PHASE 2a & PHASE 2b PALM BEACH GARDENS, FLORIDA Fy fi� A Oliver. Glidden & Partners Architects & Planners, Inc. 1401 Forum Way, Suite 100 West Palm Beach, Florida 33401 (561)664a0a1 W(561)664bM C=11 Kimley -Horn and Associates, Inc. June 30, 1999 Mr. Anthony E. Oliver Oliver - Glidden & Partners 1401 Forum Way, Suite 100 West Palm Beach, Florida 33401 Re: Gardens Corporate Center MacArthur Center DRI PGA Boulevard at Alternate AlA Palm Beach Gardens, Florida 040512.02 Dear Mr. Oliver: As requested, Kimley -Horn and Associates, Inc. has performed a traffic generation analysis for the above referenced project. The project was approved by the City of Palm Beach Gardens as the Medical Mall. Phase 1 of the project was constructed as approved. The owners now desire to undertake Phase 2 of the project but with primarily general professional office instead of medical office. This letter addresses the change in traffic generation associated with the proposed use change. The original project was approved for a skilled nursing facility of 50 b��ed,�-- (70,000 square feet) and 408,000 square feet of medical office and ATrel Lary medical uses. Phase 1 of the project which has been built and occupied consists of the 150 bed nursing facility and 184,057 square feet of medical office and ancillary uses. The proposed plan modification would allow the Phase 1 medical office to be occupied by medical or general office uses while retaining the existing nursing facility. Phase 2 of the project would consist of 175,040 square feet of general office, 42,906 square feet of medical office and 5,997 square feet for a drive -in bank on the ground floor of one of the two office buildings. Another bank would also occupy the ground floor of the second office building but. it would not have - - - -- - -- -- - -- - drive -in facilities The bank without the drive -in facilities is treated as office building square footage whereas the drive -in bank is treated separately for trip generation purposes. The trip generation potential of the approved and proposed plans are presented in the attached table using current trip generation rates. As can be seen in the table, the proposed plan generates equal to or less trips than the approved plan during all time periods. Therefore, traffic concurrency and DRI issues are not triggered by the proposed change. We should also note that by using the trip generation rates contained in the ADA for the MacArthur Center DRI, that there would be ■ TEL 561 845 0665 FAX 561 863 8175 ■ 4431 Embarcadero Drive West Palm Beach, Florida 33407 Kimley -Horn and Associates, Inc. Mr. Anthony E. C liver, June 30, 1999, Page 2 no change in trip generation potential since a rate of 18 trips per 1,000 square feet of office use was used which allows for a mix of different office use types. If you or the City staff should have any questions, please do not hesitate to call. Very truly yours, KIMLEY -HORN ASSOCIA S, INC. Joseph B. Pollock, Jr., P.E. Senr Vice President il'i-sil 01 4, Attachment Florida Registration Number 19562 04051202 -062899eo.doc Note: Trip generation was calculated using the following data: GARDENS CORPORATE CENTER Daily Traffic Generation Nursing Home TRIP GENERATION 3.68 trips/1000 S.F. Medical Office Land Use 34.17 trips /1000 SR Intensity Daily AM Peak Hour PM Peak Hour [P.B.C.] = Total Total Trips Approved Site Traffic In (T) = 0.945 * In (X) - 0.655 Medical Office [ITE 720] = 2.43 trips /1000 S.F. Professional Office [ITE 710] = Nursing Home Bank (Drive -In) 70,000 S.F. 258 PM Peak Hour Traffic Generation 29 26 Medical Office [ITE 620] = 408.000 &E 13.941 [ITE 7201 = 991 1.110 [ITE 710] = Subtotal 478,000 S.F. 14,199 [ITE 912] = 1,020 1,136 Pass -By Traffic Nursing Home 5.00% 13 1 1 Medical Office 5.00% Subtotal 710 51 57 Net External 13,489 969 1,079 Progosed Site Traffic Nursing Home 70,000 S.F. 258 29 26 Medical Office 226,963 S.F. 7,755 552 647 Professional Office 175,040 S.F. 2,143 291 276 Bank (Drive -In) 5.997 S.F. 1.590 Z¢ M Subtotal 478,000 S.F. 11,746 948 1,277 Pass -By Traffic Nursing Home 5.00% 13 1 1 Medical Office 5.00% 388 28 32 Professional Office 5.00% 107 15 14 Bank (Drive -In) 46.00% M 25 M Subtotal 1,239 79 198 Net New External i 10,507 869 1,079 Net Traffic Impact (2,982) (100) 0 Note: Trip generation was calculated using the following data: Daily Traffic Generation Nursing Home [P.B.C.] = 3.68 trips/1000 S.F. Medical Office [P.B.C.] = 34.17 trips /1000 SR Professional Office- _ - _- [P:u.x..l ._._._ = in (t) _ 0.756 * in -(X)- +3.765 -- ---- _ -_.- -: -- - --__- - Bank (Drive -In) [P.B.C.] = 265.21 trips /1000 S.F. AM Peak Hour Traffic Generation Nursing Home [ITE 620] = In (T) = 0.945 * In (X) - 0.655 Medical Office [ITE 720] = 2.43 trips /1000 S.F. Professional Office [ITE 710] = In (T) = 0.797 * In (X) + 1.558 Bank (Drive -In) [ITE 9121 = 12.63 trips /1000 S.F. PM Peak Hour Traffic Generation Nursing Home [ITE 620] = in (T) = 0.929 * In (X) - 0.688 Medical Office [ITE 7201 = In (T) = 0.921 * In (X) + 1.476 Professional Office [ITE 710] = T = 1.121 * X + 79.295 Bank (Drive -[n) [ITE 912] = 54.77 trips/1000 S.F. p :1040512011[trip _gen.xlsjtrip _gen CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 SUBJECT /AGENDA ITEM PUD -01 -09 — Banyan Tree Parcels First Reading: Ordinance 41, 2001, a request by Steve Mathison, agent for the South Florida Blood Banks, for approval of a planned unit development (PUD) for the Banyan Tree Parcels (Parcels 12.04 and 12.05). The PUD will be constructed in, three (3) phases. Phase 1 will include a 40,900 square -foot office building (blood bank). Phases 1 and 2 will be located on the 7.43 -acre western portion of the PUD, just west of the MacArthur Banyan Tree (Parcel 12.05). The applicant will be required to obtain future City approval for the specific details of both Phases 2 and 3. The 12.64 -acre site is located on the northeast and northwest corners of Northlake Boulevard and MacArthur Boulevard. (18- 42S -43E) RECOMMENDATION Staff recommends APPROVAL of Ordinance 41, 2001, with conditions. Reviewed by: Originating Dept.: FINANCE: NA P&Z Commission Growth Management: Action: Principal Planner Karen M. Crave P Project Costs: $ Total [ ] Approved [ ] App• w/ conditions City Manage Attor ey Leonard Rubin John Li [ ]Denied gran, ICP $ [ ] Rec. approval Finance NA Current FY [XI Rec. app. w/ conds. 6 -1 Human Res. NA Funding Source: [ ] Rec. Denial [ ]Operating [ ] Continued to: Submitted y: Advertised: Attachments: Growth g jagt , / n (A Date: [ ]Other *Tables 1 & 2 Dire to _ (J� V(JI"„l Paper: • Ordinance 41, 2001 Charles K. Wu, AICP • Ordinance 17, 1999 • Letter dated 10/1/01 [X] Not Required Budget Acct. #: • Waiver justifications • 11 "X17' Set of ed City na 9 qis Proposed Plans Affected parties: LRonald M. [ ] Notified [ ] None [X] Not Required City Council Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 BACKGROUND The MacArthur Banyan Tree site is unique, and has historical significance to the City. On May 6, 1999, a historical ordinance (Ordinance 17, 1999) was adopted by the City to protect the MacArthur Banyan Tree (see attachment). The Banyan Tree site received waivers from City Council so that a residential component does not have to be included on either the eastern or western parcels; these waivers were granted with the adoption of Resolution 70, 1999 and Resolution 71, 1999 on August 19, 1999. LAND USE & ZONING The subject site is currently zoned Planned Development Area (PDA), and has a future land -use designation of Mixed Use (MXD). The applicant is requesting to rezone the site to Mixed Use (MXD) with a Planned Unit Development (PUD) overlay. CONCURRENCY The project received concurrency on June 7, 2000. PROJECT DETAILS Phasing & Phase 1 Building Site The applicant is proposing three phases of development. This approval will include the phasing for the site and site plan approval for the first phase of the PUD. The applicant will be required to obtain future site plan approval from the City for the second and third phases as amendments to the PUD. For the first phase, the applicant is requesting approval of a 40,900 square -foot blood bank office building that is 3 stories in height, with an additional fourth floor tower element. The building will have a Spanish "S" concrete tile roof, solar bronze glass, and dark bronze window railings. The building walls are made of smooth and textured stucco, "pale honey" in color, and include "dark russet' and "apricot ice" colored banding. Site Access Three (3) access points from Northlake Boulevard and two (2) access points from MacArthur Boulevard are proposed to serve the entire PUD. The applicant has requested a waiver for the western most ingress /egress on Northlake Boulevard because of the proximity of the access point to the access drive for the adjacent bank [per Section 78- 508(b)], located west of the PUD boundary. F, City Council Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 Signage The applicant has requested approval of four (4) ground sign locations for the entire PUD, which requires 2,400 linear feet of public road right -of -way frontage. The PUD has 2,101 linear feet of public road right -of -way frontage; therefore, the applicant is only permitted three (3) ground signs. The applicant has submitted a waiver request (including justification statement) for the waiver for the additional ground sign. Landscaping/Buffering The landscape plan with this petition only addresses the first phase of the PUD. Approval of the landscaping for the second and third phases of the PUD will be done with the PUD amendments for those phases. The number of landscaping points required for the first phase is 5,900.4, and the applicant is providing 5,925.6 points. Drainage The legal positive outfall is provided from the PUD to the north into Lake Catherine (for Parcel 12.05), and into the C -17 Canal (for Parcel 12.04). Northlake Boulevard Overlay Zoning (NBOZ) District The Northlake Boulevard Overlay Zoning (NBOZ) District, established to cover Northlake Boulevard from US Highway 1 west to Military Trail, is divided into three districts; the East and West Districts are neighborhood serving, while the Central District services the region. The Banyan Tree PUD is located between Interstate 95 and Alternate A1A, within the Central District. NBOZ District requirements address zoning, land use, architecture, landscaping, site plan issues, signage and outdoor display. The proposed use of a blood bank for Phase 1 would be classified as both an "Office, Business and Professional" and a "Medical or Dental Office or Clinic" in the Land Use Chart of the NBOZ District Design Guidelines. Both of these uses are permitted in the Central District of the NBOZ. The applicant has designed the building in Phase 1 to include the treatments, materials, colors, finishes, and architectural elements listed in the NBOZ District Design Guidelines. In a letter dated October 1, 2001 (see attachment), the project architect states that the landscape plan for Phase 1 of the PUD meets all requirements of the NBOZ District Design Guidelines; City Forester Mark Hendrickson concurs with this statement. In terms of signage, the proposed project does not meet the following NBOZ District Design Guidelines (waivers requested): 1. The number of ground signs: The NBOZ District Design Guidelines permit three (3) ground signs [four (4) ground signs proposed]. 2. The height of a wall sign: The NBOZ District Design Guidelines permit wall signs K City Council Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 at the first floor only [three (3) wall signs proposed just below the fourth floor roof line]. The applicant has also designed the building in Phase 1 to comply with the site plan elements in the NBOZ District Design Guidelines, including screening, building mass and orientation, pedestrian amenities, and setbacks (see table below). The only aspect of the site plan elements in the NBOZ District Design Guidelines that is not complied with is the building height limit of 55 feet. The proposed building in Phase 1 is 41 feet in height, except for the decorative tower feature, which is approximately 58 feet in height (to mid- point of roof), and will require a waiver. Waivers Code Section Required Provided Waiver Recommendation Section 78 -285 (LDRs) — Maximum of Number of Ground Signs Three (3) Permitted Ground Signs for 2,101 linear Four (4) 1 Additional Ground Sign Support Section 5 -6 (NBOZ) — feet of public Number of Ground Signs road right -of- Permitted way frontage Section 5 -6 (NBOZ) — First Floor Below Fourth Height of Flat Wall Signs Location Only Floor Roof —3 floors Support Permitted Line Section 6 -2 (NBOZ) — Maximum of Maximum Building Height 55 feet 58 feet 3 feet Support Section 78- 508(b) (LDRs) — Minimum Distance Between a Proposed and Minimum of 150' -.110' —40' Do Not Support an Existing Intersection The applicant has justified the additional ground sign by demonstrating that if the parcels were developed separately (Parcels 12.04 and 12.05), they would be permitted to have a total of four (4) ground signs on the parcels (see attachment). In an attempt to unify the two parcels so that they compliment the historically significant Banyan Tree, the applicant has applied for approval of the parcels as one (1) PUD. Because of this justification, Staff supports the waiver request for the additional ground sign. Staff also supports the wavier of the height for the tenant wall sign facing Northlake Boulevard, because the tenant wall sign would conflict with the building identification sign at the first floor level, and the sign would not be sufficiently visible (see attached justification statement). Because of the applicant's justification statement (see attachment), including the fact that the tower has been created for aesthetic purposes and 4 City Council Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 will not be occupied, and because the building height waiver is only for three feet, Staff supports the applicant's waiver request for a maximum building height of 58 feet. The applicant's justification for the western ingress /egress states that it is "imperative for the proper circulation for the Blood Mobiles." However, after analyzing the site plan and the design of the parking for the Blood Mobiles, it is Staff's professional opinion that it is very unlikely that the Blood Mobiles will use this western ingress /egress. In fact, it is far more likely that the Blood Mobiles will use the other two (2) access points. STAFF RECOMMENDATION Staff recommends APPROVAL of petition PUD -01 -09 with the twelve (12) conditions listed in Ordinance 41, 2001 (see attachment), and three (3) of the four (4) waivers requested by the applicant; however, Staff recommends DENIAL of the following waiver: Section 78- 508(b) of the City's Land Development Regulations (LDRs) that requires a 150 -foot minimum distance between a proposed and an existing intersection, to allow for a separation of approximately 110 feet. Please be advised that Ordinance 41, 2001 does include this waiver. PLANNING & ZONING COMMISSION At its October 23, 2001 meeting, the Planning and Zoning Commission held a public hearing to review this petition. No major concerns were voiced by the Commission or the public in regards to the applicant's request. The Commission voted 6 — 1 to recommend approval of the applicant's request per Staffs recommendation; however, the Commission recommended approval of the waiver request of the 150 -foot minimum distance between a proposed and existing intersection, to allow for the western most ingress /egress to the site. The one dissenting vote was cast because that Commission member did not believe the waiver allowing the western most ingress /egress should be recommended. g /john: pud0109.cc R Subject Property Banyan Tree Parcels North Lake Catherine & Lake Catherine Sports Complex South Costco, Wendy's, Northlake Executive Park, & Sports Authority West Sun Bank (Unincorporated Palm Beach County) East Pep Boys Planned Development Area (PDA) Residential Low Density — 2 (RL -2) with a Planned Unit Development (PUD) overlay & Public or Institutional (P /1) General Commercial (CG -1) with a Planned Unit Development (PUD) overlay ( Costco only) General Commercial (CG) & Special Use (SE) General Commercial (CG -1) C City Council Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 SIGNATIQNS ! LAND USE' Mixed Use (MXD) Residential Medium (RM) & Recreation Open Space (ROS) Commercial (C) Commercial (C) n City Council Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 TABLE 2V 4 CONSISTENCY WITH THE CODE Code Requirement Proposed Plan Consistent? Site = Mixed Use MXD Office Yes Minimum Building Site 6.8 acres Yes Area for PO: None Minimum Site Width for —305 feet for Phase 1 Yes PO: 100 feet Minimum /Maximum Land 27.7% Yes Allocation for MXD (under PO): 2% - 60% Maximum Building Lot 11.3% Yes Coverage for MXD (under PO): 70% Minimum /Maximum 58 feet / 4 stories Yes Building Height for MXD: for Phase 1 2 - 4 stories Front Setback for PO: 152 feet Yes 25 feet Side Setback for PO: 96 feet Yes 27 feet Side Setback Facing a N/A N/A Street for PO: 27 feet Rear Setback for PO 202.6 feet Yes (when abutting residential): 90 feet VA November 15, 2001 ORDINANCE 41, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM SOUTH FLORIDA BLOOD BANKS FOR REZONING OF 12.64 ACRES OF LAND LOCATED ON BOTH SIDES OF MACARTHUR BOULEVARD, ON THE NORTH SIDE OF NORTHLAKE BOULEVARD (PARCELS 12.04 AND 12.05), AS MORE PARTICULARLY DESCRIBED HEREIN, TO A PLANNED UNIT DEVELOPMENT (PUD), AND THE APPROVAL OF THE "BANYAN TREE" MASTER PUD PLAN FOR PHASE 1 OF THE PUD TO CONSTRUCT AN APPROXIMATELY 40,900 SQUARE -FOOT OFFICE BUILDING (BLOOD BANK); PROVIDING FOR CONDITIONS OF APPROVAL; PROVIDING FOR WAIVERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (PUD- 01 -09) from the South Florida Blood Banks for approval of the "Banyan Tree" Master Planned Unit Development (PUD) Plan and the first phase of the PUD located at the northwest (Phases 1 and 2) and the northeast (Phase 3) corners of Northlake Boulevard and MacArthur Boulevard, so as to construct a 40,900 square -foot office building (Blood Bank) on the western portion of the 7.43 -acre Parcel 12.05, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, the approvals of Phases 2 and 3 of the "Banyan Tree" PUD Master Plan shall be done as future amendments to the "Banyan Tree" PUD approval, including review by the Planning and Zoning Commission and City Council; and WHEREAS, the Growth Management Department has recommended approval of the rezoning of Parcels 12.04 and 12.05 and the "Banyan Tree" Master PUD Plan for Phase 1; and WHEREAS, on October 23, 2001, the City's Planning and Zoning Commission reviewed said application and recommended that it be approved with the requested waivers, subject to certain conditions stated herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. The City Council of the City of Palm Beach Gardens, Florida hereby approves the rezoning of Parcels 12.04 and 12.05, as more particularly described in Exhibit "A" attached hereto, to a PUD, and a master planned unit development (PUD) Ordinance 41, 2001 Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 plan known as the "Banyan Tree" PUD for Phase 1 of the PUD to permit the construction of an approximately 40,900 square -foot office building (blood bank) on the western portion of Parcel 12.05. SECTION 2. Said Planned Unit Development is approved subject to the following conditions, which shall be the responsibility of the applicant, its successors or assigns: 1. Prior to the issuance of a certificate of occupancy, the applicant shall place $8,400 into an escrow account for its share of the beautification of the road shoulders and median adjacent to Phase 1 of the Banyan Tree PUD. The money placed into escrow for the beautification of the road shoulders and median adjacent to Phases 2 and 3 shall be addressed when these phases request development approval. (Planning and Zoning) 2. The applicant shall work with the City to address the MacArthur Boulevard right -of- way drainage during the development of Phases 2 and 3 of the PUD. (City Engineering) 3. All lighting shall be metal halide. (Police) 4. Landscaping shall not conflict with lighting (including long term tree growth). (Police) 5. The rear door shall be equipped with a peephole viewer. (Police) 6. All perimeter doors shall be equipped with hinges that utilize non - removable hinge pins. (Police) 7. All strike areas of perimeter doors shall be equipped with reinforced, case hardened strike plate. (Police) 8. Glass perimeter doors shall be equipped with case hardened guard rings to protect the mortise lock cylinder. (Police) 9. A timer clock or photocell sensor engaging lighting above or near entryways /exits shall be provided. (Police) 10. The building shall have an alarm system. (Police) 11. Numerical addresses on site shall be illuminated for nighttime visibility, and shall have bi- directional visibility from the roadway. (Police) 12. The sidewalk along Northlake Boulevard for Phases 2 and 3 of the PUD shall continue the meandering path that has been established in phase 1. (Planning & Zoning) 13. The architecture for Phases 2 and 3 shall contain compatible treatments, styles, materials, and colors as those approved in Phase 1. (Planning & Zoning) 14. Phase 1 of the PUD shall be limited to no more than 41,000 square feet of office space (without a bank) and Phase 2 shall be limited to 38,500 square feet of retail space, as referenced in the August 21, 2001 Traffic Equivalency Statement prepared by Yvonne Ziel Traffic Consultants, Inc. Phase 3 shall be limited to 27,000 square feet of retail use and 25,000 square feet of office use, as referenced in the April 19, 2001 Traffic Impact Analysis (Parcel 12.04) prepared 2 Ordinance 41, 2001 Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 by Yvonne Ziel Traffic Consultants, Inc. These square footages may be amended in the future through amended traffic analyses or traffic equivalencies prepared by the applicant, successors or assigns, and approved by the City. (Planning & Zoning) 15. The build -out date for this project is December 31, 2002, as referenced in the April 19, 2000 . Traffic Impact Analysis (Parcel 12.04) and the April 24, 2000 Traffic Impact Analysis (Parcel 12.05) prepared by Yvonne Ziel Traffic Consultants, Inc. (Planning & Zoning) SECTION 3. The following waivers are hereby granted with this approval: 1. Section 78 -285 of the City's Land Development Regulations (LDRs) and Section 5 -6 of the Northlake Boulevard Overlay Zoning (NBOZ) District Design Guidelines that limit the number of ground signs to three (3) for 2,101 linear feet of public road right -of -way frontage, to allow for a fourth ground sign on the site. 2. Section 78- 508(b) of the City's Land Development Regulations (LDRs) that requires a 150 -foot minimum distance between a proposed and an existing intersection, to allow for a separation of approximately 110 feet. 3. Section 6 -2 of the Northlake Boulevard Overlay Zoning (NBOZ) District that limits the height of a building to 55 feet, to permit a maximum building height of 58 feet. 4. Section 5 -6 of the Northlake Boulevard Overlay Zoning (NBOZ) District that requires a flat wall sign to be located at the first floor level, to allow for one (1) flat wall sign immediately below the fourth floor roof line. 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 (dates represent the date plans are received and stamped in): 1. Master PUD Plan by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 01. 2. Site Plan by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 1. 3. Detail Sheet by Jeffrey A. Ornstein, P.A. and date stamped (October 2, 2001) into the Planning and Zoning Division, sheet 1 a. 4. First Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped (September 12, 2001) into the Planning and Zoning Division, sheet 2. 5. Second Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 3. 6. Third Floor Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 4. 7. Roof Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 5. 3 Ordinance 41, 2001 Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 8. Transverse Section 'A' Plan by Jeffrey A. Ornstein, P.A. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet 8. 9. South and East Elevations by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 15. 10. North and West Elevations by Jeffrey A. Ornstein, P.A. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet 16. 11. Landscape Development Plan by Gentile Holloway O'Mahoney & Associates, Inc. and date stamped (October 15, 2001) into the Planning and Zoning Division, sheet L -1. 12. Landscape Specification Sheet by Gentile Holloway O'Mahoney & Associates, Inc. and date stamped (October 15, 2001) into the Planning and Zoning Division, sheet L -2. 13. Site Lighting Plan by Chane, Inc. and date stamped (October 24, 2001) into the Planning and Zoning Division, sheet SL1. 14. Conceptual Irrigation Plan by Gentile Holloway O'Mahoney & Associates, Inc. and date stamped (August 24, 2001) into the Planning and Zoning Division, sheet IR- 1. 15. Site Engineering Plan by Tom McCarthy and date stamped (October 2, 2001) into the Planning and Zoning Division, sheet 1 of 1. 16. Traffic Impact Analysis (Parcel 12.04) by Yvonne Ziel Traffic Consultants, Inc. and dated April 19, 2000. 17. Traffic Impact Analysis (Parcel 12.05) by Yvonne Ziel Traffic Consultants, Inc. and dated April 24, 2000. 18. Traffic Equivalency Statement (Parcel 12.05) by Yvonne Ziel Traffic Consultants, Inc. and dated August 21, 2001. SECTION 5. If any section, paragraph, sentence, clause, phrase, or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the Ordinance. SECTION 6. All ordinances or parts of ordinances of the City of Palm Beach Gardens, Florida, which are in conflict with this Ordinance are hereby repealed. SECTION 7. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 15th DAY OF NOVEMBER 2001. PLACED ON SECOND READING THIS DAY OF 2001. PASSED AND ADOPTED THIS DAY OF 2001. 4 MAYOR JOSEPH R. RUSSO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD CITY CLERK VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: pud0109.or Ordinance 41, 2001 Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO 5 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY lm ABSENT Ordinance 41, 2001 Meeting Date: November 15, 2001 Date Prepared: October 24, 2001 Petition PUD -01 -09 EXHIBIT "A" s REVISED CONDITION #2 IN ORDINANCE 41, 2001 Condition number 2 in Ordinance 41, 2001 has been revised (per comments from City Engineering) from: To: The applicant shall incorporate the drainage of the MacArthur Boulevard right -of -way, adjacent to the Banyan Tree PUD, into the development plans for Phase 3 of the PUD (aka: Parcel 12.04). (City Engineering) The applicant shall work with the City to address the MacArthur Boulevard right -of -way drainage during the development of Phases 2 and 3 of the PUD. (City Engineering) g /john: pud0109revisedcondition2 February 25, 1999 March 29, 1999 April 5, 1999 April 19, 1999 ORDINANCE 17, 1999 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF SECTION 118 -307 OF THE CODE OF ORDINANCES, ENTITLED "HISTORICAL AND ARCHAEOLOGICAL SITES," BY ADDING CITY COUNCIL DESIGNATION AS A THIRD CRITERIA TO DESIGNATE A SITE OF HISTORICAL AND ARCHAEOLOGICAL SIGNIFICANCE IN THE CITY, AND TO ESTABLISH THE MacARTHUR BANYAN TREE AS A LOCALLY DESIGNATED HISTORIC AND /OR ARCHAEOLOGICALLY SIGNIFICANT SITE; PROVIDING FOR ENACTMENT OF SECTION 118 -312 OF THE CODE OF ORDINANCES, ENTITLED "MacARTHUR BANYAN TREE HISTORIC OVERLAY PROTECTION ZONE "; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain language enabling the City Council to designate a site as historic or archaeologically significant; WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens does not list the MacArthur Tree as a locally historic site; WHEREAS, the Code of Ordinances of the City of Palm Beach Gardens presently does not contain a historic overlay zone designed to protect the MacArthur Banyan Tree; WHEREAS, the MacArthur Banyan Tree was located in the City of Palm Beach Gardens by the city founder, John D. MacArthur, and has historical significance to the residents of the City, and has become a landmark identifying the City; WHEREAS, the original early 1960's entryway features, including fountains, pools, and most of the landscaping, were removed in the late 1970's and early 1980's; Ordinance 17, 1999 Page 2 WHEREAS, the City Council has determined that it is necessary to protect the MacArthur Banyan Tree and restore the original entryway features (including fountains, pools, and vegetation) because of their historic value to the community; and Whereas, on March 23, 1999 the Planning and Zoning Commission sitting as the Land Development Regulation Commission found the subject revisions to be consistent with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Section 118 -307 of the City's Code of Ordinances, entitled "Historical and archaeological sites," is hereby amended by amending or inserting the following (added words underlined; deleted words struck-): Sec. 118 -307. Historical and archaeological sites. The following criteria shall be used to designate a site of historical and archaeological significance in the City: (1) A site located in the city City that is listed in the National Register of Historic Places maintained by the U.S. Department of the Interior pursuant to the Historic Preservation Act of 1966, as amended. (2) A site located in the eity City that is listed in the state master site file maintained by the bureau of arc�a�;,l�yica� icocaivii Bureau Of Archaeological Research, dapar:� ent of state Department of State. Any development activity on a property that contains a site of historical and archaeological significance as defined in this subsection shall be subject to the prevailing state and federal regulations. (3) A site that is located in the City that has been officially designated by City Council as a historic and /or archaeological site. In making such a designation, City Council shall consider, but not be limited to, the following criteria: a. The significance of the site as a landmark; and /or b. The role of the site in the City's history or archaeological past. Ordinance 17, 1999 Page 3 The City shall encourage that these sites be maintained in their historic and /or archeologically significant state, and not be altered, threatened, or removed. (4) The following is a list of the sites which have been designated as historic and /or archaeological sites per the standards herein: 1. MacArthur Banyan Tree, located in the median on MacArthur Boulevard, just north of Northlake Boulevard. SECTION 2, Section 118 -312 of the City's Code of Ordinances is hereby enacted, as follows: Sec. 118 -312. MacArthur Banyan Tree Historic Overlay Protection Zone (a) Purpose and intent. The MacArthur Banyan Tree is actually two trees that have grown together. The trees are located at the entrance to the City of Palm Beach Gardens and have a unique history. City Founder John D. MacArthur had these trees planted at their current location in the early 1960's, and they have become an identifying landmark of the City. The first tree dates back to approximately 1881, and was planted at its current location in April of 1961. The second tree was planted at its current location a couple of years later. Sometime in the early 1960's, decorative fountains and pools were added in the areas immediately to the east and west of the MacArthur Banyan Tree. The intent of this section is to implement protective measures that preserve and enhance the MacArthur Banyan Tree for current residents and future generations, and to restore the landscaping concept surrounding the tree (including the theme of the early 1960's pools, fountains, and vegetation). (b) Protection zone established. The MacArthur Banyan Tree Historic Overlay Protection Zone is hereby established and shall encompass the area located within 200 feet of the dripline of the MacArthur Banyan Tree located in the median ;of MacArthur Boulevard approximately 150 feet north of Northlake Boulevard. ( c ) Protection zone guidelines. (1) For the purposes of this section, the term "kill or damage" will include, but not be limited to, the following: A. Killing or removing the MacArthur Banyan Tree (the "Tree "). B. Damaging the body of the Tree or its root structure through modifications of existing drainage patterns, water table, road, hydroperiod, or existing grade. Ordinance 17, 1999 Page 4 C. Causing the Tree or its branches to come in contact with any structure, vehicle, or utility facility. (2) No clearing or development shall occur within the MacArthur Banyan Tree Historic Overlay Protection Zone unless approved by City Council. Applications to clear or develop within the MacArthur Banyan Tree Historic Overlay Protection Zone shall not be considered complete unless submitted with a comprehensive analysis, prepared by a duly authorized environmental consultant, arborist or related landscape specialist, detailing the impact of the proposed, clearing or development on the MacArthur Banyan Tree. The City may, in its discretion, obtain an independent analysis at the applicant's expense. (3) Pruning of the MacArthur Banyan Tree is prohibited unless expressly authorized by the City. (4) Any activity which kills or damages the MacArthur Banyan Tree, whether intentional or not, shall be considered a violation of this section. Such activity may include, but is not limited to, improvements or maintenance to roads or drainage systems. (5) Road widening shall be prohibited within the MacArthur Banyan Tree Historic Overlay Protection Zone unless it can be demonstrated that such widening will not kill or damage the Tree. Any road improvements conducted within the MacArthur Banyan Tree Historic Overlay Protection Zone shall use pervious concrete in the resurfacing of the roadway (unless otherwise approved by the City Engineer). (6) No utilities (above ground or below ground) shall be permitted above or within the crown of the MacArthur Banyan Tree, or within the root zone of the MacArthur Banyan Tree. (7) Development which occurs within the MacArthur Banyan Tree Historic Overlay Protection Zone shall provide for a substantial gateway design to the entrance of the City at that location, on both sides of MacArthur Boulevard, including the use of fountains, pools, and intense landscaping and vegetation, and be of an overall area sufficient to complete the design statement at the entry in the opinion of the City Staff and City Council. (d) Enforcement. The City shall enforce violations of this section by any and all means available. SECTION 3. The City Clerk is hereby directed to ensure that the contents of this ordinance be codified as part of the City Code of Ordinances. Ordinance 17, 1999 Page 5 SECTION 4. Should any section or provision of this ordinance, or any portion, paragraph, sentence, or word thereof, be declared by a court of competent jurisdiction to be invalid, such declaration shall not affect the validity of the remainder of this ordinance, but only that part declared to be invalid. SECTION 5. All ordinances and resolutions of the City, or any part thereof, which are in conflict with this ordinance are hereby repealed. SECTION 6. This ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS 15TH DAY OF APRIL, 1999. PLACED ON SECOND READING THIS 6TH DAY OF MAY, 1999. PASSED ADOPT THIS 6TH DAY OF MAY, 1999. S RvRUSSO, YAM OR �,t✓c A,c,v, ,cJl ic��J c � --� CAR O UNCIL MEMBER LAUREN FURTADO, VICE MAYOR ER�,4 CJZ(UN _ L MEMBER DAVID CLARK, COUNCIL MEMBER ATTEST: APPROVED AS TO LEGAL FORM LINDA V. KOSIER, CMC, CITY CLERK A SUFFICIENCY: BY: c aL ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCIL MEMBER SABATELLO COUNCIL MEMBER JABLIN COUNCIL MEMBER CLARK g /short mactree or9 /JI AY NAY ABSENT REQUEST FOR WAIVER AND JUSTIFICATION The applicant South Florida Blood Banks hereby requests a waiver from the strict application of the Palm Beach Gardens Land Development Regulations pertaining to wall signage for the new administrative offices proposed to be constructed on Northlake Boulevard on the western portion of Parcel 12.05 which is the first phase to be developed for the Banyan Tree P.U.D. As justification, the applicant would state that it is requesting a waiver for two additional wall signs on the east and west sides of the mechanical equipment tower as specifically depicted on the South Florida Blood Bank facility plans submitted by Architect Jeffrey A. Ornstein. The signs which are the subject of the requested Waiver will be identical to the sign on the south of the mechanical equipment tower. There will be no signage on the north side of the building facing adjacent residential areas. The wall signs which are the subject of this waiver request will total a maximum of 90 square feet if all three signs are approved. As justification for the Request For Waiver, the applicant would respectfully submit that the Blood Bank is a community serving entity. Blood donors and other people interested in volunteering with the blood bank should be afforded maximum opportunity to identify the facility as they approach from either the west or the east on Northlake Boulevard. The requested signs are being constructed in a manner so as to have no impact on adjacent residential areas. As previously stated by Architect Jeff Ornstein, South Florida Blood Banks has cooperated with city staff in providing a meandering sidewalk through the front landscape buffer of the property and orientation of the facility to the south bringing the project more in line with staff's vision of the entrance to the City. South Florida Blood Banks is also providing the public with a meeting place for public meetings thus reinforcing the community serving nature of the facility and the need for readily identifiable signage for members of the public traveling east or west on Northlake Boulevard. Based upon the above stated justifications, applicant respectfully, requests a waiver so as to allow the above described signage. Applicant is requesting no other waivers from the city's codes and ordinances. N City of pC w, 00,ve l �FPgRTM£�tT City of Palm Beach Gardens Page 2 October 2, 2001 2. The Site Plan depicts the west side of the site, including the bank at Page 01. 3. The Site Plan depicts a revised meandering sidewalk at Page 01. 4. The Site Plan has been revised to depict the approved square footages on Phases 02 and 03 on Sheet 01. 5. The Site Plan has not been revised to delete the westernmost entrance at this time. Our Consulting Engineer is endeavoring to obtain additional information supporting the permitability of this ingress and egress. I would respectfully request that the matter be considered as a "waiver" request, in addition to the only waiver previously requested (wall signage). As justification for the waiver, it is my understanding that the additional point of ingress and egress is imperative for the proper circulation for the Blood Mobiles which are an integral part to this community - serving facility. 6. The Site Plan has been amended to reflect bicycle parking on Page 01. 7. The Site Plan has been amended to relocate the fuel pumps closer to Northlake Boulevard consistent with the Landscape Plan. 8. We acknowledge staffs' comment regarding the escrow account for right -of -way landscaping and lighting along Northlake Boulevard. II. Fire Department No comment. III. Police Department All sixteen comments of the Police Department are acknowledged and agreed by Applicant. Particularly: The Site Plan has been revised to move the fuel tank and fuel pump area as indicated above, and the fuel tank and fuel pump area has been secured by a locking chainlink fence (Comment 12). 2. The Site Plan and Engineering Plan have been revised to reflect a deceleration lane leading into the facility access point (Comment 13). WAIVER REQUESTS FOR BANYAN TREE PUD The Applicant is seeking the following Waivers for the indicated reasons: A waiver for the number of ground signs permitted on the site per Section No. 79- 285, Table 24, column entitled "Maximum Number', (page CD78:230). The basis for the waiver request is that each of the sites (Parcel 12.04 and 12.05) are corner lots, with a major median divided City road bifurcating the PUD. As such it is realistic to expect signage on each of the ROW frontages. The ground signage on each of the lots will be of similar style, materials and colors, furthering the appearance of the lots as "one project" and the City's entrance gateway. A waiver for the height of tenant sign per Zoning in Process, Northlake Blvd. Overlay Zone (NBOZ), Section 5 -6, dictating that all "Business signs" be located on the ground floor. The basis for the waiver is any first floor building identification signage would be inconsistent with a building of this size (i.e. to low and improperly placed for a building of this magnitude). The higher placed signage has been placed in a location where anyone expecting to identify the building would realistically expect it to be. A waiver of three (3) foot from Zoning in Process, NBOZ, Section 6 -2 dictating the height of the building. The basis for this request is that the element exceeding the NBOZ height limit is the decorative tower feature, a non - habitable space, which is necessary to the esthetics of the proposed building. No additional useable square footage would be derived from the approval of this waiver. ` , ...........j [ '/ . .. . . . . .......... . . . 10 — — \ u7 [ % . / / � ) / |� \ ) \ � � \ m :;! ' ------ ,--- - -._.� y. \ — \:\ . --T- I\ j �I Lc- - - - 2 - � � T. % ~ D \ ƒ( ,» ems >�w 4t\ A N Y A N T H E E P U D �/2 «B 561-744-7122 \ :� ___ ___ _BMC._m__ - - - - - - - - - - - - - - .sa Vr7 -TE INTO ZW - 44 A FIE A poi -b- . A �9T C, 'p, rn < rn I 0 u -------------- FR -u < P -u I m c z JEFFREY A. ORNSTEIN, P.A. jt,� tel. 561-745-2205 fox 561 744-7122 BANYAN TREE PLJID 31— NORTMAKE BOULEVARD PM EMCH GPDENS. nDMDA A 0 go G) 1. o �� s� c Fp n N �e m 0 rn IZ Oro -i i I r D m 0 c I = Pp wlnL ➢RADMLE a "'°°'r 1 U_..1 I� 1p7,J . fN Ld --L1 -� - -�L1 51 a SI ck ^ , C -i 6 I 2 = zr z ab I � g Cl) 'J L _________________ # 4 i �gp �dN e a Zi i 4g 110111 =fig. z „ I D R= I A D w. _ I rn aI d D CCCSSS JEFFREY A. ORNSTEIN, ORNSTEIN, P.A. BANYAN TREE P U D 1\/12 1 s te' es_6rc "4 OU22O5 m ,.oLn aoK 61 —]44 —]122 e NORTRLAt� BOULEVARD PALM BSACB GARDENS, FLORIDA 9, c N xrrr aear_uraweu.ue.wrv. a w.e,.ue m ti.eyio.�'rra`r.rmer.. rrru.r�'rea.�Y.,6rrr a a o �etle A. ORNSTcIN, P.A. 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BANYAN T Fi E E P U D _ ARCHITECT 3 / o I I f 56 7 5 2205 ,fax 561 ) 22 NORTHLAEE BOULEVARD PALM BEACH GARDENS, FLORIDA 1� '1 x m•ae'le- E 000.oa' a' _______ _ ____ i D 3^ AREA __ ____ _______ � ._ —I x _ I �o 4 Q c xrp €xsrxc SIDE wA1x I Z �Im Q o i P WS5m I S! -1 I I I - -- =w _- ]5 DxOSLepE BUREfl ------------------ -- -- -- _ e — O g' § PRELIMINARY SITE ENGINEERING PLAN 0 � FOR FEELD L1n- RC SeA H y SOUTH FLORIDA BLOOD BANKS DATE: AUGUST 8001 DRAWN: AG N NORTHLAKE BLVD FACILITY D— N—BE R: — 2.18.1 DEGNB SED: TMc GGMPIITER F[LE: TMOREOtA APPROVED: PALM BEACH GARDENS, FL 0 CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: November 15, 2001 Date Prepared: November 2, 2001 Subject/Agenda Item: Future annexation area conflicts with Juno Beach, North Palm Beach and Lake Park. Recommendation /Motion: Staff recommends the City Council provide direction on these specific annexation areas. Reviewed by: Originating Dept.: Costs: $ N/A Council Action: Total City Attorne Planning Division [ ] Approved Finance $ N/A [ ] Approved w/ conditions Other Current FY [ ]Denied Funding Source: [ ] Continued to: Advertised: N/A Date: [ ] Operating Attachments: Paper: [ ]Other cbVn Nareasnexation 2. Letter from Karen Marcus dated 9 -10 -01 3. Letter from Juno [ X ] Not Required Beach dated 10 -12 -01 rte`' rowth Mgt. Director Affected parties Notified Budget Acct. #: [ ] None App ro City a ager [ X ] Not required BACKGROUND: At the City Council meeting on August 16, 2001, the City Council discussed possible resolutions to the annexation area conflicts with Juno Beach, Lake Park and North Palm Beach. Since that date, City staff has met with the staffs of each of those municipalities to try to resolve these conflicts. The results of those meetings are indicated below. In addition, County Commissioner Karen Marcus has forwarded a letter to the City attaching a copy Annexation conflict areas Meeting date: November 15, 2001 of City Resolution 40, 1988, which indicates the future annexation for the City in 1988. Copies of the letter and the resolution are attached. The resolution includes a map indicating the City's future annexation area at that time. The municipalities in northern Palm Beach County agreed to abide by this map in 1988. However, the boundaries on the map are not the same as the current boundaries of the municipalities in northern Palm Beach County. For example, the City of Palm Beach Gardens is shown on the north side of Donald Ross Road, which is now part of Jupiter. Since this 1988 map is wholly out -dated in various aspects, it may now be appropriate to revisit the City's annexation boundaries based on current annexations that have occurred and new development trends. The actions described below have taken place regarding the conflicts with specific municipalities since the last City Council discussion on August 16, 2001. Juno Beach In order to resolve the conflicts with Juno Beach and as a compromise, the City staff had proposed that the City's future annexation area not include Seminole Landing and Captain's Key, etc. Instead, the City would only annex Carl's Plaza, which abuts the current City boundary at the Golden Bear office complex. The Juno Beach Town Council has responded in a letter (copy attached) to the City dated October 12, 2001, indicating they do not accept this proposal, and want to abide by the boundaries that were agreed to in 1988. The City staff is recommending that the City no longer pursue the annexation of Seminole Landing and Captain's Key as well as the commercial area along the east side of US Highway One north of the Golden Bear office complex. However, the City should consider annexing properties on the west side of US Highway One to the Intracoastal Waterway across from the existing City area on the east side. Such a future annexation area would allow for the efficient delivery of public services (e.g., police patrols) along US Highway One, and would protect the City's interests in the Oakbrook Plaza shopping center and the Golden Bear office complex. This new proposal not only squares off the City's boundaries, but also allows better control of the zoning regulations on both sides of U.S. Highway One. A map of these areas is attached. North Palm Beach The staffs from North Palm Beach and Palm Beach Gardens have recently met again to discuss annexation issues. As a result of this meeting, the City staff is recommending the following: The City of Palm Beach Gardens should retain the Hidden Key residential condominium on the north side of PGA Boulevard, east of US Highway One (map attached). 2. The City of Palm Beach Gardens should de -annex the office building at the northeast corner 2 Annexation conflict areas Meeting date: November 15, 2001 of Prosperity Farms Road and Monet Road ( #4 on attached map) and allow North Palm Beach to annex this property. In exchange, the North Palm Beach staff is recommending the de- annexation of the Pelican Car Wash on the east side of US Highway One, south of PGA Boulevard ( #1 on map), so that property can be annexed into Palm Beach Gardens. This exchange of properties would help to square off the corporate limits for both municipalities. 3. An area along the east side of Ellison Wilson Road, immediately south of PGA Boulevard, is in the future annexation area for North Palm Beach, but this area is surrounded by properties within Palm Beach Gardens. City staff is recommending this area be split in half, with the northern half going to Palm Beach Gardens and the southern half going to North Palm Beach. In exchange, the North Palm Beach staff is recommending removing Pirate's Cove ( #3 on map) from its future annexation area. Lake Park The future annexation areas in the comprehensive plans for both Lake Park and Palm Beach Gardens include properties west of the C -17 canal to Military Trail. A map of this area is attached. The staffs of Palm Beach Gardens and Lake Park have recently met regarding this matter. A compromise was reached at the staff level to allow Lake Park to annex the properties in the Central Industrial Park that are currently in the future annexation area for Palm Beach Gardens. This industrial park is on the west side of the C -17 canal and on the south side of an east -west canal that intersects with the C -17 canal. These two canals essentially preclude the efficient delivery of services to this area by the City of Palm Beach Gardens. The industrial park is also served with potable water and sanitary sewer from the City of Riviera Beach. The remaining future annexation areas that are currently in conflict with Lake Park would remain in the future annexation area of the City of Palm Beach Gardens, and would be removed from the future annexation area of Lake Park. The staff of Lake Park has not brought this issue before their Town Council for further discussion since the City Council's last discussion on August 16th. However, the Town Council previously did not support any proposed resolution of this conflict. Instead, the Lake Park Town Council wants to annex all of the unincorporated property in question from the C -17 canal to Military Trail. The planned Northlake Boulevard reliever road would provide access from Lake Park's existing corporate limits to this area. City staff believes the recommended compromise is fair given that the residential subdivision of Garden Oaks on Military Trail has recently requested again to be annexed into the City of Palm Beach Gardens. In fact, the City staff will soon begin the preparation of an annexation study required by state law to annex the general area west of I -95 by a referendum vote. The remaining area on the east side of I -95, north of the Central Industrial Park, can only be accessed through areas 3 Annexation conflict areas Meeting date: November 15, 2001 in Palm Beach Gardens. Therefore, it seems appropriate to annex this area into the City as well. RECOMMENDATION: Staff recommends the Mayor transmit a letter to County Commissioner Karen Marcus, with a copy to the city managers for Juno Beach, North Palm Beach and Lake Park, outlining the City's position on these future annexation areas. g: \sc \txt \annexissues.103001 El YV q� W �i D 0 N C d t6 C E A m° EmC2 @moo (L 7S `o U (7d ai U J O L U O N m O C J 7 N L CD 3 U V 0 C IUp � U i m n C N J E r$ c m @ o a_ n O U N j C U� Q m Q o m V C N N J C 0) O C in m Q C O � H J 7 U) ca C � �L '2 O tu V LL i� U C (B 3 N O M U N (0 am O E gl- Ua Z Board of County Commissioners V1IA700rl H. Newell. Chairman carol A. Roberts. Vice Chair Karen T. Marcus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene September 10, 2001 Mr. Charles Wu, Director Growth Management Department City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Dear Charles: County Administ Robert Weismz. C 1. Q56y4- . A1hl(111►t�.1C fo P�KA� The purpose of this letter is to follow -up on the - discussion held at the City Council meeting on August 16th, regarding future annexation boundaries. After that meeting, my staff researched county files and found Resolution 40, adopted by the Palm Beach Gardens City Council on May 12, 1988, which "establishes the ultimate territorial limits" of the City. As you can see from the attached map, neither Seminole Landing or Captain's Key is shown as a future annexation area. In addition to the Resolution, there appears to be a discrepancy with two exhibits in the City's Comprehensive Plan. Map 1 =8 labeled "Potential Future Annexation Area" includes Seminole Landing and Captain's Key. Map J labeled "Potential Future Annexation Area" does not show either of these developments in the City's future annexation area. I've enclosed copies of both maps for your review. in regards to the existing Lost Tree village conflict between Palm Beach Gardens and North Palm Beach, my staff is continuing to research this matter and we will be in touch on that issue in the near future. Please look over this information and let me know'how your staff and Council intend to address this issue. I look forward to hearing from you soon. nceMIV, en T. Marcus pity Commissioner cc w /encl: Gail Nelson 'An Equal Opportunity Affirmative Action Employer" P.O. Box 1989 West Palm Beach, Florida 33402 -1989 (561) 355 -2001 Fax: (561) 355 -3990 W printed on recyded paper www.pbcgov.com ti May 11, 1988 RESOLUTION 40 , 1988 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ESTABLISH - ING AS A MATTER OF POLICY THE TERRITORIAL LIMITS OF THE CITY; AND, PROVID- ING FOR THE REPEAL OF ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the City Council after due consideration,upon input of S.taff,the review of the various territorial boundaries' established by other municipalities and policy of the County of !Palm Beach, is of the opinion that the City of Palm Beach Gard',ens should establish its projected territorial limits; and WHEREAS, the possible purchase of Seacoast Utilities, Inc., is a' definite part of such overall consideration. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PAll BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens, Florida, hereby establishes the ultimate territorial limits of the City of Palm Beach Gardens as set forth on the drawing attach- ed hexeto as Exhibit "A ". Section 2. All Resolutions or parts of Resolutions in conflict herewith are hereby repealed. i Section 3. This Resolution shall be effective upon date of passage.; INTRODUCED, AND ADOPTED THIS THE 12th ATTEST: OF MAY, 1988. L, rW/N/ W 116 i � 1 9 1 F►�� ' - - k 4 MI'll� ... .................. .. . ........... ............ . . . . . . . . . . . . . . : i a . .. . . . . . . . . . . . . . . . . . . . . . . . . ...... .... g' .- 1" TOWN OF JUNO BEACH 340 OCEAN DRIVE JUNO BEACH, FL 33408 PHONE, (561) 626-1122 • FAX (561) 775 -0812 WEBSITE: www.juno- beachAms E-MAIL:jtinobezich@.itino-beach.fl.us October 12, 2001 Mr. Ron Ferris City Manager City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Fl 334104698 Dear Ron, C1Ty MgRECEI V Eft AGF�?,S OFT-IGf-:: OCT 16 20ol On Wednesday evening, October 10, the Juno Beach Town Council discussed Palm Beach Gardens' proposal regarding Juno Beach's future annexation area. By unanimous vote, with one member absent, the council rejected the proposal and moved to retain the future annexation boundaries adopted in 1988. Please let me know when your council will address this matter. Sincerely, Gail F. Nelson Town Manager 1 i -•--c ,:- . .. r.cc..r- _- .r- �- �-- .�.,� -.�ws+ ....._r - ..__ -�_� - ;_`•- -._..: '..i.�c... •._.. " 1' �- �' ........wu,_.ua..- �.'�.;�:I',�° :. -.. .�.- .�„aa� SCHOOL CROSSING GUARD SCHEDULE 2001 —2002 PALM BEACH GARDENS ELEMENTARY Riverside/MacArthur 815 -915AM 30043OPM Cavalier, John. Riverside/Holly Dr 715 -815AM 145 -30OPM (2-/.) O'Brien, R. Dahlia/Holly Dr 715 -815AM 145 -30OPM (2-/,) Costa, Theresa. Dogwood/Holly Dr 715 -815AM 145 -30OPM (2-/,) Kudlicka; Barbara. Ironwood/Holly Dr 715 -815AM 145 -30OPM (2 '/4) Denson, Manual. Gardenia/Holly Dr 715 -815AM 145 -30OPM (2-/,) Pierce,Alice. Daphne/Holly Dr 715 -815AM 145 -30OPM (2-/.) Moore, Dawn Daisy/Holly Dr 715 -815AM 145 -30OPM (2 '/4) Hanscom, Ethel Bums/Riverside Dr 715 -915AM 145 -43OPM (43/4) HOWELL WATKINS MIDDLE SCHOOL O'Brien, R. Riverside/MacArthur 815 -915AM 30043OPM (21/2) Pierce, Alice Front of School 815 -915AM 30043OPM (2 1/2) Cavalier, John Lighthouse/Holly Dr 815 -915AM 30043OPM (2 1/2) Costa, Theresa. Dogwood/Holly Dr 815 -915AM 300430PM (2 1/2) .Denson, Manuel Gardenia/Holly Dr 815 -915AM 300 -43OPM (2 1/2) Aft Kudlicka,Barbara Lighthouse/MacArthur .815 -915AM 3 00430P (2 1/2) DeYonks, John Lighthouse /AIA 715 -915AM 200 -43OPM (4 1/2) Feliciano, Ismael Lighthouse /AlA 715 -915AM 20043OPM (4 1/2) O'Brien, Jerry MacArthur/Northlake 715 -915AM 20043OPM (4 1/2) Bowers, G. MacArthur/Northlake 715 -915AM 20043OPM (4 1/2) Hanscom, Ethel Riverside/Lighthouse 715 -915AM 200 -43OPM (4 1/2) ALLAMANDA ELEMENTARY SCHOOL VACANT Allamanda/Sienna Oaks 715 -815AM 145 -300PM (2 1/4) VACANT Burns Road/Gardens E. 715 -815AM 145 -30OPM (2 1/4) ALTERNATES None T. r� Crime Comparison — January through October - 2000 to 2001 Reportable Offenses 2000 2001 % Homicide 1 4 300% Increase Sex Offenses 8 8 No change Robbery 27 23 14.8 %Decrease Aggravated Assault 39 50 28.2 %Increase Burglary/Residential 134 202 50.7 %Increase Burglary/Business 50 92 84% Increase Burglary/Auto 408 433 6.1 % Increase Auto Theft 169 120 29% Decrease Retail Theft 343 396 15% Increase Theft /All Others 456 430 5.7% Decrease Total 1635 1758 7.5% Overall Increase Calls for Service Comparison — January — October 18.7% Increase Overall 2000 I 2001 33,718 40,029 Comparison of Other Calls for Service — January — October Offense /Call 2000 2001 % Simple Assault 247 189 23.5% Decrease Drugs 58 81 39.6% Increase Frauds 177 179 1% Increase D.U.I.'s 144 96 33.3% Decrease Vandalism 319 277 13% Decrease Suspicious Incidents 2262 2429 7.4% Increase Domestics 300 217 27.6% Decrease Accidents /Crash 2153 2293 6.5% Increase Alarms/Residential 4444 5093 14.6% Increase Traffic Stops 10,051 9,643 4.1% Decrease On Patrol — January - October 10 -108 "s 2000 2001 42,689 41,008 3.9% Decrease Prepared by Leah Wells, Crime Analyst, November 15, 2001 Nov -14 -01 04:52P Town of Juno Beach 561 775 "0812 P.O1 JUNO BEACH TOWN CENTER 340 OCEAN DRIVE JUNO BEACH, FL 33408 PHONE: (561) 626 -1122 FAX: (561) 775 -0812 FAX TRANSMITTAL'COVER"SHFET DATE: 11 1q-0 ATTENTION: r: FAX NUMBER: 9 - Li / / j FROM: 1 NUMBER OF ]PAGES INCLUDING COVER SHEET - COMMENTS: Nov -14 -01 04 :52P Town of Juno Beach 561 775 0812 P.02 1'tOV4'n c)i+ Jl1NO REACH :Wu l)CF: %N t> RIV 1•: RECEIVED AINO BEACH. Ft.334OX CITY MANAGER'S OFFICE (, I I�- • I-AX 15011 77i-(),X WI•HNFIV:+�Wwjll is( +-1vachAlms _ NOV 1 2001 L MAIL juro . +Ik�lch(�,•inn,�- hia�h_It.u. November 14, 2001 Mayor Jo.wph Russo and McnihLrs of the City Council City of Palm Reach Gardens 10500 North Military 'frail Palm leach Gardci>Is,1-133410 -4698 Re: Annexation Conflicts Dear Ma R usSo: This is to acknowledge rcc4t Ora u►py of the November 7" letter from Charles Wu, your Growth Management T)irector to Commissioner Karen Marcus. Attached to the letter was a copy of the Agemia Memorandum regarding Annexation to be discussed at your City Council meeting on 'I'hursday, Novenilvrr 151h. We are pleased to note that he has respected our lirture annexation are,"t on the east side of U.S. Highway One. We do however, rec:obni'e a conflict on the west side between U.S. Highway One and the Intracoastal Waterway. We understand your de%ire to square off boundaries but feel that Smith [hive from t J.S. Ilighway One: to the Intracoastal Waterway, including your current property of the fathom's Restaurant, would he a more appropriate boundary line. Please enter this letter into the record because neither 1 nor any member or the stall -will he attending your Council meeting due to a conflict with other commitments. Sincerely, U�b.ytr Robert C. Blomquist, Mayor c: Town Council Town Manager Conint.Marcus U m (L o WV �C N C U) OL LL Q O z 4 wa �W OCC U � 0 � v —d a o � � Q c M m N m m L aroi co v a z Q -a ,h oj i fi o, L� U- N U a' C N 0 C Q = E O O E U � c Qm a r C t o M =moo o CL O 0 0 O N o moo' =E E o o �. axl � --- - W&,. ,4-.1 N/4 CR 0 ., -