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HomeMy WebLinkAboutAgenda Council Agenda 062101• City of Palm Beach wardens Council Agenda June 21, 2001 • Council Chambers 10500 N. Military Trail Palm Beach Gardens, FL 33410 Mayor Russo Y- Vice Mayor Jablin .� s Council Member Clark ✓ Council Member Furtado �C Council Member Sabatello • • CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 21, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Proclamation — Palm Beach Gardens Hampton Inn. 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 May 17, 2001 Regular City Council Meeting. b. Resolution 61, 2001 — Uniform Traffic Control Agreement. Consideration of approving an agreement with The Meadows Resort Partnership for uniform traffic control on private streets and roadways in the Meadows Community. C. Resolution 92, 2001 — DiVosta and Company Deed. Consideration of accepting a deed from DiVosta and Company for a tract of land within Plat No. 4, and authorizing recordation of the deed in the Public Records. d. Resolution 96, 2001 — Lease Agreement with Sprint Spectrum L.P. Consideration of executing a lease agreement with Sprint. L.P. for the installation and operation of a wireless telecommunications facility at 11401 Northlake Boulevard (City's Municipal Golf Course.) e. Resolution 98, 2001 - NorthCorp PCD Lots 10 & 11 Covered Parking Waiver. Consideration of approving a major site plan amendment for the construction of three covered parking structures over an existing portion of Lot 10 & Lot 11 of South Park Center (A/K/A 4600 East Park Drive) within the Northcorp Planned Community District; providing for a waiver; providing for a condition of approval. f. Resolution 99, 2001— Regional Center Parcels 27.09/27.13 (AKA Legends at the Gardens) and Water Management Tract 3 -B Plat. Consideration of approving the Regional Center Parcels 27.09/27.13 and Water Management Tract 3 -B Plat. IX. PUBLIC HEARINGS: a. Ordinance 19, 2001 - Parcel 34.01 Congress Plaza West Land Use Change (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately five acres of land located at the southwest corner of Northlake Boulevard and Congress Avenue, from Industrial to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) b. Ordinance 20, 2001 - Parcels 31.08 and 31.11 Land Use Plan Amendment (First Reading). Consideration of amending the 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. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) • C. Ordinance 21, 2001 - Spalding 27 —acre Golf Facility — PDA/RR -10 to PUD/M -1 (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately 27.5 acres of land, located along Beeline Highway, from Rural Residential-10 to Golf and amending the Golf Land -Use Designation to allow for golf testing facilities and other golf related uses with up to 1.5,000 square feet of building area; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) d. Ordinance 22, 2001 - Parcel 4.10 Future Land Use Plan Amendment — 13 acres, MXD to C (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately 13.5 acres of land, located at the southwest corner of Donald Ross Road and Central Boulevard, from Mixed Use to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) e. Ordinance 23, 2001 - Parcel 31.01 Text Amendments (First Reading). Consideration of 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. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) f. Ordinance 24, 2001 - Conceptual Thoroughfare Plan Amendment at Parcel 4.06 (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by deleting Roadway #15 and #12 from the Conceptual Thoroughfare Plan between Alternate A 1 A and Military Trail; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) g. Ordinance 25, 2001 - Excavation and Fill Text Amendment (First Reading). Consideration of amending Article IV, "Zoning Districts," of the Land Development Regulations of the City of Palm Beach Gardens by amending Section 93, "Permitted Uses, Conditional, and Prohibited Uses," Subsection 0)(66), "Excavation and Fill, and Borrow Pit Operations" to allow excavation and fill operations as an independent development order; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. 1* X. RESOLUTIONS• a. Resolution 100, 2001 - Telecommunications Tax Rate. Consideration of collecting permit fees from providers of communications services and the local communications services tax rate; providing for intent; providing for election not to require and collect permit. fees; providing for election to increase local communications services tax providing for notice to the Department of Revenue. b. Resolution 101, 2001 — Consideration of a resolution relating to the Local Communications Service Tax Rate; providing for intent; providing for an increased Local Communications Services Tax Rate; providing for notice to the Department of Revenue. c. Resolution 102, 2001 — Amendment to Florida Department of Transportation Memorandum of Agreement. Consideration of authorizing an amendment to the Memorandum of Agreement of May 18, 2000 with the Florida Department of Transportation for the beautification and maintenance of PGA Boulevard (S.R. 786); and providing for an effective date. d. Resolution 103, 2001 — Florida Power and Light Waiver. Consideration of granting one waiver to the requirements of Policy 1.1.5.1.(a).2 of the • Future Land Use Element of the City's Comprehensive Plan for the minimum size threshold for Parcel 18.A02, which consists of approximately 9.3 acres; providing for repeal of resolutions in conflict. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 13, 2001 — Hidden Hollow PUD Amendment. (First Reading) Consideration of approving an application from Fercon Florida, Inc. to amend a previously approved Planned Unit Development by deleting Section 7 of Ordinance 16, 1987, as amended, that requires, by a date certain, the complete construction of the 51 single - family residential units on the Hidden Hollow Planned Unit Development (PUD) Site, located on the south side of Northlake Boulevard, %2 mile west of Military Trail, as more particularly described herein; providing for severability; providing for conflicts; and providing for an effective date. b. Ordinance 18, 2001 - Mirasol PCD Amendment. (First Reading) Consideration of amending Ordinance 8, 2000, the Development Order for the Mirasol Planned Community District (formally known as Golf Digest Planned Community District), by adopting an amended Development Order; providing for amendment of the Master Development Plan to reconfigure golf and residential parcels; providing for modified conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: a. Alternate A I A Roadway Beautification Grant b. FEC Railroad Crossing — Resolution 147, 1999. Consideration of a request by Roger Blangy to repeal Resolution 147, 1999, which supports a planned at -grade railroad crossing at Kyoto Gardens Drive and Alternate AIA. 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 0 • I II111- I I I I I I I I I Ii 1111111111111111111111111111111 11111111111111111111111111111, 11111111111111 I I I I I I I I I I 1 1111 CITY OF PALM BEACH GARDENS PALM BEACH COUNTY, FLORIDA PROCLAMATION WHEREAS, a survey was conducted by Sterling Research to rate more than 1,000 hotels in the United States, Canada, Costa Rica, Equador,, Mexico, Peru and Puerto Rico; and WHEREAS, the Palm Beach Gardens' Hampton Inn, located at 4001 RCA Boulevard, has been ranked Number One among all Hampton Inns in the world during the year 2000, and WHEREAS, the Palm Beach Gardens' Hampton Inn was determined to be the Number One Hampton Inn again during the first quarter of 2001; and WHEREAS, the staff of the Palm Beach Gardens' Hampton Inn is pleased to offer its guests quality services to ensure their total satisfaction; and WHEREAS, Mr.D'Agostino, General Manager of this 116 -room hotel takes great pride in anticipating the needs of the hotel's guests. NOW, THEREFORE, I, Joseph R. Russo, by virtue of the authority vested in me as Mayor of the City of Palm Beach Gardens, Florida, do hereby congratulate and honor the staff of THE PALM BEACH GARDENS' HAMPTON INN for their important accomplishments. Attest., Carol Gold, MMC, City Clerk IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Palm Beach Gardens, Florida, to be affixed on this 21st day of June, 2001. Mayor Joseph R. Russo I 1� li,I1111II111,1111 „ I111111111IIIIIIIIIIIIIIIIIIiIIIIllill 1111, illllllllill1111111111111111111111 „ Illillll Public Information Monthly Report May 2001 Public Information Related Activities Television Reports • Channel 12 report on mold problem at Fire Station #2 June 4, 2001 Some of the written coverage included; • Monthly PGA C.A.N. Article • Awards, Public Hearings and growth addressed at PBG meeting (Weekday) • Area police cracking down on cars with "boom boxes' too loud (Weekday) • Letter to Weekday, Can PBG 'prioritize' expenditures? • Crime level lowest since'72 (Palm Beach Post) • Gardens artist takes top prizes in student banner exhibition (Neighborhood Post) • Photo of Julie Hackman and Marsha Christo with winning plaza banner (Neighborhood Post) • Mentor praises West Point -bound Dwyer senior (NeighborhoodPost) • Man charged with attempted murder in bite (Palm Beach Post) • Gardens group's work on MTV (Palm Beach Post) • Gardens' Hampton named No. 1 (Jupiter Courier) • Live a little - - -and let the loud car stereos play (Jupiter Courier) • Who's going to pay for Gardens storm water problems? (Weekday) • Gardens man with HIV bites officer- charged with attempted murder (Weekday) • Letter to Weekday, Let's be fair on PBG taxes • GardensArt 'Distinctive Clay Vessels' exhibit opens this week (Weekday) • Work on PGA bridge begins Monday, May 7 (Weekday) • Photo Palm Beach Gardens Woman's Club (Weekday) • Teenager named 'Safe Sitter' (Jupiter Courier) • Palm Beach Gardens advances in 14 innings (Palm Beach Post) • Area players overpower the competition (Palm Beach Post) • Project unmixes uses--just a bit (Palm Beach Post) • 'G -Star' teen co -host plans career in broadcasting (Neighborhood Post) • Sitter keeps cool, sves kids as house burns (Neighborhood Post) • Gardens reaches state softball final (Palm Beach Post) Press Releases • PGA Bridge rehabilitation work to begin May 7, 2001 • The City of Palm Beach Gardens has hired two new Assistants to the City Manager • Gardens Neighborhood Program scheduled for May 31, 2001 Special Event Permits • Two Dwyer High School students to play Sunfest as Neptuen 66 (Neighborhood Post) • Rehabilitation work on the PGA boulevard bridge is scheduled to start Monday (Palm Beach Post) • New owners to reopen PGA cinema (Palm Beach Post) • Reaching the ultimate goal (Palm Beach Post) • PBG officer bitten by HIV- positive man (Neighborhood Post) • Marino, VirtualBank plan alliance (Palm Beach Post) • Gardens considers stormwater utility tax (Gardens Neighborhood News) • Letter to the editor Gardens Neighborhood News, PBG's proposed Stormwater Utility tax reveals lack of fiscal discipline • Bank lends hand to No.1 Ts charity (Palm Beach Post) • Eight stores to close in the Gardens mall (Jupiter Courier) • Police will hold a memorial ceremony Tuesday for fallen officers (Palm Beach Post) • Nobody Asked me, But by Barry Merman (Weekday) • Palm Beach Gardens Fire Rescue saves home using a Thermal Imaging Camera (Weekday) • Gardens Council 'backs off storm water utility fee proposal (Weekday) • Two assistants to the City Manager hired in PBG (Weekday) • Pilot found near Orlando was shot twice (Palm Beach Post) • The police department held a memorial service Tuesday afternoon (Palm Beach Post) • Photo Gardens Police Remember (Jupiter Courier) • Timber Trace to mark 10 years (Jupiter Courier) • Log cabin swells with old -time music (Palm Beach Post) • Grunow widow's parents split views on verdict (Palm Beach Post) • Catalfiuno, Rendina not tied, for now (Palm Beach Post) • Motivation takes 'Cheese' in Gardens (Palm Beach Post) • Tree's a crowd photo (Palm Beach Post) • Church wants restrictions on functions lifted (Palm Beach Post) • Camp gives kids a taste of real wrestling (Neighborhood Post) • Michelle's new beginning (Palm Beach Post) • PBG Neighborhood Program meeting Thur., May 31 (Weekday) • Lawmakers oppose Northlake Turnpike interchange site (Weekday) • Photo Palm Beach Gardens Community Night at Roger Dean Stadium (Weekday) • Movie theater reopens at Loehmann's Plaza (Jupiter Courier) • Cap and gown stolen from graduating senior (Jupiter Courier) • Hard work in high school earns teens cash and kudos (Jupiter Courier) • Complex to provide tax, legal services (Neighborhood Post) Press Releases • PGA Bridge rehabilitation work to begin May 7, 2001 • The City of Palm Beach Gardens has hired two new Assistants to the City Manager • Gardens Neighborhood Program scheduled for May 31, 2001 Special Event Permits 0 Special Event Permits • Gardens Presbyterian Church Flea Market April 28, 2001 • Covenant Centre Inc. Springfest May 5, 2001 • Palm Beach Gardens Medical Center Company Picnic May 12, 2001 • DiVosta - Catalina Lakes Open House May 12, 2001 • Community Sidewalk Sale Gardens East Apartments May 19, 2001 • Timber Trace Elementary 10`h Birthday Parade and Celebration May 18, 2001 • Timber Trace Elementary 5K run May 19, 2001 • Dogwood Avenue Neighborhood Block Party May 19, 2001 • Approved Cindy Palmer and Morgan Franklin Door to Door solicitation from May 10, 2001 - August 10, 2001 • Quizno's Subs Grand Opening May 22 -June 1, 2001 Public Information Special Projects • Published monthly edition of City Hall Gazette • Coordinated with the Communication Team the Employee Family Picnic May 6, 2001 from 3:00 to 6:00 p.m. • Attended and photographed Mother's Day Luau Riverside Community Center May 10, 2001 • Organized PBG Community Night at Roger Dean Stadium May 11, 2001 • Attended and photographed the Police Memorial Service May 15, 2001 • Attended and Photographed Timber Trace Elementary's 10`h Birthday celebration and parade May 18, 2001 • Held two Communication Team meetings • Assisted Police Department in plans for Police National Night Out August 7, 2001 • Hosted GardensArt Reception in Amy Stepper's absence on May 24, 2001 • Coordinated with Citizen Services the Neighborhood Program May 31, 2001 • Attended and photographed the grand opening of the theaters in Loehmann's Plaza May 31, 2001 • Coordinated with the City Clerk presentations for June 7, 2001 Council Meeting • Presided over Energy Task Force /Communication Team meeting May 25, 2001 Citizen Services Related Activities COMPLAINTS /ISSUES /SERVICE REQUESTS /INQUIRIES • Received and processed 22 complaints through the "One Stop Shop" phone numberl3 have been fully resolved and the remaining 9 are outstanding. • There are now (with the above outstanding complaints) a total of 17 outstanding complaints in the Citizen Services Division, broken down as follows: • Administration -0 • Growth Management —2 • Code Enforcement —2 • Public Works -12 • Police Dept. -1 • Processed, received, collated and filed 55 new (May) complaint forms forwarded from Public Works. Entered these complaints into CivicTracker database. • Processed 60 completed complaint forms from Public Works. • Maintained both complaint databases that included data entry for 94 new and completed complaints. NEIGHBORHOOD PROGRAM • Held one Neighborhood Program meeting on May 31, 2001. • Held one GNA meeting on May 14, 2001 • Sent out 560+ invitations to the Neighborhood Program Meeting. BIG PROGRAM is Collected $100.00 for the BIG program and this brings the total collected to date for the BIG Program to $24,750.00. • VOLUNTEER PROGRAM • Requested background check on 1 new volunteer. • Utilized 27 volunteers for a total of 275.50 hours at a savings to the City of $3,939.65. CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING May 17, 2001 The May 17, 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: Councilmember David Clark, Councilmember Lauren Furtado, and Chair Pro Tern Carl Sabatello. Mayor Joseph R. Russo and Vice Mayor Eric Jablin were absent from the meeting. PRESENTATIONS Beautification & Environmental Award - The Oaks Center - Councilman Clark, liaison to the Beautification & Environmental Committee, noted three of the members of the committee were present, and announced the Quarterly Beautification Award to The Oaks Center of the Palm Beaches. Councilman Clark described the Oaks Center project and thanked Mr. DiVosta for building a quality project and helping beautify the City. Company representative Joe Floyd accepted the award on behalf of DiVosta and Company. ITEMS AND REPORTS BY MAYOR AND COUNCIL Councilmember Furtado announced the Donald Ross Road Bridge would be on the same opening schedule as the PGA Boulevard Bridge, which would help the traffic while the PGA Boulevard Bridge was being repaired. Councilmember Furtado commented that she had been working with Commissioner Karen Marcus and Karen Golonka on establishing the Transportation Committee discussed at the Traffic Summit for alternative modes of transportation. Councilmember Furtado commented that she would announce the date and time of the first committee meeting and that Joan Elias would be a member of the committee. Councilmember Furtado commented she was thrilled that the cinema would re -open at Loehmann's Plaza, that on May 31 there would be a ribbon cutting ceremony and a feature about the City will be shown before the first full- feature film. Chair Pro Tern Sabatello noted the Pathfmder Award had been given to Suncoast student Colin Samuel Kelly. Other children had also received recognition, and Chair Pro Tem Sabatello requested all the children be brought in to be recognized at a meeting, that the Girls Softball team be recognized, and that the girl who had saved three young children also be recognized. CITY MANAGER REPORT City Manager Ferris referred to a raffle to raise money for the Fire Department, which was described by Fire Chief Bergel. A girl who was babysitting had been alert and quickly removed the children so no harm came to any of them. The owner of the home had expressed her appreciation to the Fire Department, had raised $30,000, and was to hold a raffle at Christine's in Jupiter to benefit the Fire Department. City Manager Ferris reported Mayor Russo had asked him to address the operational cost for the residential pass - through for Burns Road, he noted this issue would be placed on the June 7 agenda. City Manager Ferris commented fuel purchases for the City fleet had been impacted with the higher fuel prices and requested permission to piggyback the County's bid on that to save 0 CITY COUNCIL REGULAR MEETING, 5/17/01 2 • money. Councihmember Furtado made a motion to approve the staff recommendation. Councilman Clark seconded the motion, which carried by unanimous 3 -0 vote. COMMENTS FROM THE PUBLIC: Roger Blangey, Gardens Woods, expressed thanks to City Engineer Dan Clark for his attendance at a meeting with the residents on May 11 regarding the proposed railroad crossing. Mr. Blangey noted the residents of Garden Woods planned to come to the June 21 meeting to ask for repeal of Resolution 147. Chair Pro Tern Sabatello requested that the City Council receive all backup so they could be well informed for the meeting. Mr. Blangey clarified that the Florida East Coast Railroad (FEC) did not want a new railroad crossing. Augustin Hernandez, 269 West Edgewater Drive, commented from an article in American Planning Association Magazine. He challenged planners to change the way cities were planned, but noted this did not totally apply to the City's staff. REORDER AGENDA: Councilman Clark made a motion to move Consent Agenda item (e), Resolution 80, 2001 to follow Resolution 77, 2001. Councihnember Furtado seconded the motion, which carried by unanimous 3 -0 vote. CONSENT AGENDA: Councilman Clark made a motion to approve the Consent Agenda. Councihmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. The following items were approved on the Consent Agenda: 1. Consideration of approving Minutes from the April 19, 2001 City Council Regular City Meeting. 2. Resolution 60, 2001 - Art in Public Places - PGA National Consideration of approving the Art in Public Places proposal for the PHA National Headquarters, located on the west side of the Avenue of Champions, approximately one - quarter of a mile south of its intersection with PGA Boulevard; providing for a condition of approval. 3. Resolution 72, 2001 - Award of Bid for Resurfacing Athletic Courts. Consideration of executing an agreement to resurface several athletic courts. 4. Resolution 79, 2001 - Frenchman's Reserve Golf Maintenance Facility. Consideration of approving a site Plan Application for a Golf Course Maintenance Facility located within the Frenchman's Reserve Planned Community Development, approximately one - quarter mile south of the intersection of Hood Road and Alternate AIA; providing for waivers. 6. Resolution 83, 2001 - Consideration of approving and executing an agreement for Mass Care Host Shelters with Palm Beach County Chapter of the American Red Cross. 7. Award of Bid - Electrical Conduits. Consideration of awarding the bid for installation of 17,800 feet of electrical conduits to D. S. Eakins in the amount of $91,210 per piggyback with Palm Beach County. 8. Resolution 75, 2001 - San Michele Plat. Consideration of approving the San Michele Plat. 9. Resolution 87, 2001 - BallenIsles Pod 15 Plat. Consideration of approving the BallenIsles Pod 15 Plat. PUBLIC HEARINGS: Ordinance 9, 2001 - Chair Pro Tem Sabatello declared the public hearing open, held on the intent of Ordinance 9, 2001 - An Ordinance of the City of Palm Beach Gardens, Florida, annexing into the CITY COUNCIL REGULAR MEETING, 5/17/01 3 City approximately seven - tenths of an acre of land generally located two- tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road; revising the boundaries of the City to include said real property; providing for conflicts; providing for severability; and providing for an effective date. Growth Management Director Charles Wu provided the staff presentation for Ordinance 9, 2001 and Ordinance 8, 2001. Hearing no comments from the public, Chair Pro Tem Sabatello declared the public hearing closed. Councilman Clark made a motion to place on second reading by title only and to approve Ordinance 9, 2001. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance 9, 2001 on second reading by title only. Ordinance 8, 2001 - Chair Pro Tem Sabatello declared the public hearing open, held on the intent of Ordinance 8, 2001 - An Ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for an amendment to the comprehensive plan of the City of Palm Beach Gardens by changing the land -use designation on approximately seven - tenths of an acre of land located approximately two- tenths of a mile south of the intersection of Prosperity Farms Road and PGA Boulevard, on the east side of Prosperity Farms Road, from Palm Beach County low residential -3 to City of Palm Beach Gardens Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. Hearing no comments from the public, Chair Pro Tem Sabatello declared the public hearing closed. Councilman Clark made a motion to place on second reading by title only and to approve Ordinance 8, 2001. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. The City Clerk read Ordinance 8, 2001 on second reading by title only. Resolution 81, 2001 - Chair Pro Tem Sabatello declared the public hearing open, held on the intent of Resolution 81, 2001 - A Resolution of the City of Palm Beach Gardens, Florida, providing for amendment of Resolution 96, 1999, the consolidated and amended development order for the Regional Center Development of Regional Impact (DRI) and Planned Community District (PCD); providing for amendment of the master development plan to reconfigure the alignment of Victoria Gardens Drive, relocate the neighborhood commercial parcel 6; redesignate the use of parcel 6 as multifamily residential, relocate parcel 4 to the east of the water management tract, redistribute the acreage of parcel 7 equally between parcel 4 and the community serving open space area around Lake Victoria, increase the square footage of commercial uses by 278,888 square feet, and amend condition #1 to establish and adopt a land -use conversion matrix; providing that the City Clerk shall transmit copies of this resolution to the Florida Department of Community Affairs, the Treasure Coast Regional Planning Council, Palm Beach County, MacArthur Center Property Owners Association, Inc., and the Mall Properties, Ltd.; providing for repeal of resolutions in conflict; and providing for an effective date. Growth Management Director Charles Wu made the staff presentation. Dodi Glas, Urban Design Studio, spoke on behalf of the petitioner. Chair Pro Tem Sabatello indicated he was not comfortable with changing the original intent of public cultural uses to pedestrian walkways; Councilmember Furtado agreed. Councilmember Clark expressed his opinion that ensuring public access to lake frontage could be a plus for the City. Linda Monroe, 4431 Althea Way, former Councilmember, expressed her opinion that more facts were needed regarding the site before the use was changed, and suggested a task force to work on this issue. Ms. Monroe expressed concern with moving forward without agreement, that the traffic problems could be resolved from the traffic consultant, and expressed concern with making it too easy to have too 0 CITY COUNCIL REGULAR MEETING, 5/17/01 4 much commercial/retail versus research/technical that would pay higher salaries. Councilman Clark suggested postponement until a full Council was present. Ms. Glas agreed to a postponement in order to have discussion with Ms. Monroe, to clarify neighborhood commercial uses that had not been discussed, and to have discussion regarding pending petitions. Chair Pro Tern Sabatello suggested the petitioner speak to Councilmembers individually to be sure they were aware of history and future plans. Councilman Clark made a motion to continue the public hearing for Resolution' 81, 2001 to the June 7, 2001 City Council meeting. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. Councilmember Furtado recognized the Boy Scouts who were present to monitor the proceedings. RESOLUTIONS: Resolution 78, 2001 - Mirasol "Parcel A" Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan application for "Parcel A" with a total of 208 zero -lot line single - family home lots within the Mirasol PCD, located along PGA Boulevard and as more particularly described herein; providing for waivers; providing for severability; and providing for an effective date. Chair Pro Tern Sabatello stated for the record regarding Resolution 78, 2001; Resolution 76, 2001; and Resolution 77, 2001 that he was a homebuilder in Mirasol but had no financial or business involvement with these parcels. Growth Management Director Charles Wu provided the staff presentation. Ann Booth, Urban Design Studio, agent for the applicant, indicated parcels A, B, and C would be developed as one community, and provided an overview of the whole community.. Councilmember Clark requested more architectural detail be added to the rear elevations, with which the other members of the Council agreed. Additional midstory landscaping was requested by Chair Pro Tern Sabatello, with which the other Councilmembers concurred. Park lighting and that Jog Road would be 4 -lanes in the future were to be disclosed in the homeowners' documents. Petitioner confirmed they could not have a C.O. until the plat was recorded. Four -foot sidewalks on both sides of the road were preferred by the City Council. In response to Councilwoman Furtado's concern that all drainage should be completed before any buildings were started, City Engineer Dan Clark explained how the drainage worked and indicated that the models would have a negligible effect on the impervious area. The other members of the City Council indicated they were comfortable with the phased drainage. The petitioner agreed to add architectural quoins and stucco banding on the rear elevations. It was agreed that staff would work on language regarding additional conditions while the next two items were being presented. Resolution 76, 2001 - Mirasol "Parcel B" Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan application for "Parcel B" with a total of 159 zero -lot line single - family home lots within the Mirasol PCD, located along PGA Boulevard and as more particularly described herein; providing for waivers; providing for severability; and providing for an effective date. Growth Management Director Charles Wu reviewed the staff report. Resolution 77, 2001 - Mirasol "Parcel C" Site Plan. A Resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan application for "Parcel C" located within the Mirabella subdivision of the Mirasol Planned Community Development, allowing for the development of 125 single family zero -lot line homes, located approximately 1/4 mile west of the intersection of Hood Road and Jog Road, and as more particularly described herein; providing CITY COUNCIL REGULAR MEETING, 5/17/01 5 for conditions of approval; providing for waivers; providing for severability; and providing for an effective date. Growth Management Director Charles Wu presented the project. The Jog Road and Hood Road parkways were discussed. Marvin Sanders, Sanders Planning Group, explained that his firm had prepared the plans under approval, which contained cul -de -sacs off of loop streets designed with sidewalks on one side of the street and that one could still turn left or right and have two ways out rather than one. Ann Booth presented a chart indicating a history within Mirasol of setbacks on screen enclosures, and requested a five -foot setback waiver between the screen and adjacent zero -lot line home. Staff's position of denial of this waiver was based on the size of the lots, which were more narrow in parcel C, and which was supported by Councilman Clark and Councilwoman Furtado. The City Attorney read into the record the following additional conditions for Resolution 78, 2001: (1) The applicant acknowledges that the waiver granted from the platting requirement prior to building permits is at the applicant's risk, and that any potential construction changes to the model homes due to the eventual plat recordation is the sole responsibility of the applicant. (2) Within 30 days of site plan approval the applicant shall submit for approval by City Staff revised architectural elevations to provide for additional architectural treatments including but not limited to quoins and stucco banding to the rear elevations abutting the Jog Road and Hood Road rights -of -way. (3) Within 30 days of site plan approval the applicant shall submit a revised landscape plan which indicates additional landscaping to include mid -story infill landscaping along the Jog Road Parkway and additional palm tree clusters within the lots of the two -story units along Jog Road as approved by the City Forester. The City Attorney read into the record the following additional waiver for Resolution 78, 2001: A waiver from Section 256 that requires five -foot sidewalks on both sides of the street to permit four -foot sidewalks on both sides of the street. Councilmember Clark moved approval of Resolution 78, 2001 with the amendments as read into the record by the City Attorney. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. Councilmember Clark moved approval of Resolution 76, 2001 with the changes read into the record previously for Resolution 78, 2001 being also incorporated into this Resolution. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. Councilmember Clark moved approval of Resolution 77, 2001 with the following additional conditions: (1) The applicant acknowledges that the waiver granted from the platting requirement prior to building permits is at the applicant's risk, and that any potential construction changes to the model homes due to the eventual plat recordation is the sole responsibility of the applicant. (2) Within 30 days of site plan approval the applicant shall submit for approval by City Staff revised architectural elevations to provide for additional architectural treatments including but not limited to quoins and stucco banding to the rear elevations abutting the Hood Road right -of -way. The City Attorney read into the record the following two additional waivers for Resolution 77, 2001: (1) A waiver from Section 256 which requires five -foot sidewalks on both sides of the street to permit four -foot sidewalks on both sides of the street. (2) A waiver from Section 75 of the City Code, which requires a minimum side interior setback of 7.5 feet. The applicant proposes to locate pools /screens and accessory structures within the side interior setbacks at seven feet from the property line. The waiver is approved for zero and seven feet from the property line. Councilmember Furtado seconded the motion, which carried by unanimous 3 -0 vote. It was clarified there was no restriction on the ability to pulling dry model permits at this time. 9 CITY COUNCIL REGULAR MEETING, 5/17/01 6 • Resolution 80, 2001 - A resolution of the City Council of the City of Palm Beach Gardens, Florida, providing for approval of a site plan application for "Pod G" located within the Frenchman's Reserve Planned Community Development, allowing for the development of 36 single- family homes, located approximately 1/4 mile east of the intersection of Hood Road and Alternate AlA, and as more particularly described herein; providing for conditions of approval; providing for waivers; and providing for an effective date. Growth Manager Charles Wu presented the project and explained that this item had been pulled from the consent agenda because after preparation of the staff report the applicant had requested a waiver for the dry models. Mr. Wu explained that in this case staff supported all of the waivers with the exception of the dry models being constructed prior to platting. Mr. Wu explained the only difference in these waivers and the other three resolutions was that in the third one staff did not have a cost estimate so in the interest of time had inserted language indicating 1/3 of the construction cost per model and amounts would be determined when permits were pulled. Ray Royce, attorney on behalf of the petitioner, indicated he was present to answer questions. Drainage issues were discussed. Councilman Clark made a motion to approve Resolution 80, 2001 with the following additional condition: The applicant acknowledges that the waiver granted from the platting requirement prior to building permits is at the applicant's risk, and that any potential construction changes to the model homes due to the eventual plat recordation is the sole responsibility of the applicant Councilman Clark withdrew the motion and moved approval of Resolution 80, 2001 with the amendments read into the record by the City Attorney and the additional waiver presented from Land Development Regulations (LDR) Section 217 on platting. Motion was seconded by Councilmember Furtado and carried by unanimous 3 -0 vote. ORDINANCES: Ordinance 12, 2001 - An ordinance of the City Council of the City of Palm Beach Gardens, Florida, providing for the approval of an application from the PGA Marriott for an amendment to a planned unit development that would permit a ground sign at the entrance to the PGA Marriott Hotel, located at 4000 RCA Boulevard, as more particularly described herein; providing for a waiver; and providing for an effective date. Growth Management Director Charles Wu presented the request. Councilman Clark made a motion to place Ordinance 12, 2001 on first reading by title only. Motion was seconded by Councilmember Furtado and carried by unanimous 3 -0 vote. The City Clerk read Ordinance 12, 2001 on first reading by title only. ITEMS FOR DISCUSSION: Fathoms Restaurant (formerly Hibiscus) Outdoor Seating - It was announced that this item would be delayed until the next meeting. 0 CITY COUNCIL REGULAR MEETING, 5/17/01 7 Unit 2 Drainage - Growth Management Director Charles Wu discussed items that could be implemented prior to further development of San Michele and The Isles. Tom Frankel, developer for San Michele, indicated he would like to start clearing, construction of the lakes, and eventually vertical construction. City Engineer Dan Clark requested that vertical construction be delayed until infrastructure was in place, now estimated to be June 27, explained if Northern Palm Beach Improvement District did not form the unit of development there would be no framing mechanism to implement the drainage plan, and then all of the landowners would have to construct the improvements identified on the plan in each of their individual parcels, although there was no requirement for this to be done. Mr. Clark clarified that Northern had proposed having a plan adopted on June 27 and reasonable assurance had been provided that would occur, so that in delaying vertical construction that should not be a real impediment because the projects could not get very far by June 27. Mr. Wu clarified the conditions as presented in the ordinance were satisfied. ADJOURNMENT: There being no further business to discuss, upon motion by Councilman Clark, seconded by Councilmember Furtado, carried 3 -0, the meeting was adjourned at 10:05 p.m. APPROVAL: MAYOR JOSEPH R. RUSSO VICE MAYOR ERIC JABLIN CHAIRMAN PRO TEM CARL SABATELLO COUNCILMAN DAVID CLARK COUNCILWOMAN LAUREN FURTADO. ATTEST: CAROL GOLD CITY CLERK • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 7, 2001 Date Prepared: 5/24/01 Subject/Agenda Item: Proposed Agreement between the City of Palm Beach Gardens and The meadows Resort partnership regarding uniform traffic control on the private streets and roadways with "The Meadows" community. Recommendation/Motion: Staff recommends entering into a municipal traffic control agreement with The Meadows Resort Partnership for the purpose of providing uniform traffic control over the streets and roadways located within the community. Reviewed by Originating Dept.: Police Costs: -0- Council Action: _ Total City Attorneyi� [ ] Approved Finance $ 0 [ ] Approved w/ conditions Current FY ACM [ ] Denied Advertised: Human Res. Funding Source: [ ] Continued to: Attachments: Other Date: [ X ] General Fund Paper: [ ]Other Resolution 61, 2001 Uniform Traffic Control { x ] Not Required Agreement SgbmM4 by: (661 nt Director Affected parties Notified Budget Acct. #: 01- 1040 - 521.9130 [ ] None App Van= by: r (X ]Not required BACKGROUND: The Meadows Resort Partnership has requested that the City of Palm Beach Gardens provide uniform traffic control over the private streets and roadways within their community. DISCUSSION: The Meadows Resort partnership, representing the residents and property owners of "The Meadows" has requested that the City provide uniform traffic control over the private streets and roadways within their gated community. An initial survey of the community revealed that speed limit signs meeting Florida Department of Transportation standards would need to be posted. Arrangements have been made for these signs to be purchased and will be installed upon approval of this agreement. The Police Department will complete speed and traffic volume studies within the community and provide uniform traffic control and enforcement. RECOMMENDATION: Staff recommends entering into an agreement between the City of Palm Beach Gardens and The Meadows Resort partnership for the purpose of providing uniform traffic control on the streets and roadways within "The Meadows" community. • CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 61, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AGREEMENT BETWEEN THE CITY AND THE MEADOWS RESORT PARTNERSHIP FOR UNIFORM TRAFFIC CONTROL ON PRIVATE STREETS AND ROADWAYS WITHIN THE MEADOWS COMMUNITY; AUTHORIZING THE MAYOR AND CITY CLERKTO EXECUTE THE AGREEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, section 316.006(2)(b), Florida Statutes, provides that municipal law enforcement officers, upon execution of an agreement between a private community and a municipality, shall have the power to enforce uniform traffic control on the private streets and roadways within the community; and WHEREAS, The Meadows Resort Partnership has requested that the City provide uniform traffic control within The Meadows community, and the City agrees to provide such services; and WHEREAS, the City Council has determined execution of the Agreement with The Meadows Resort Partnership to be in best interest of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute an Agreement with The Meadows Resort Partnership relating to traffic control, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF 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- , 2001. AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE MEADOWS RESORT PARTNERSHIP THIS AGREEMENT, is made and entered into as of the day of June, 2001, by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ( "City "), and THE MEADOWS RESORT PARTNERSHIP, a Florida general partnership. WITNESSETH: WHEREAS, section 316.006(2)(b), Florida Statutes, provides that municipal law enforcement officers, upon execution of an agreement between the owner of a private community and the municipality, shall have the jurisdiction to enforce uniform traffic control on the private streets and roadways within the community; and WHEREAS, the Partnership, as the beneficial owner of the manufactured community commonly known as "The Meadows," located at 2555 PGA Boulevard, Palm Beach Gardens, Florida, and acting on behalf of and for the benefit of the residents of The Meadows, realizes the benefits of having the City's Police Department provide uniform traffic control over the private streets and roadways within the Meadows; and WHEREAS, the City agrees to provide such uniform traffic control over the private streets and roadways within The Meadows. NOW, THEREFORE, in consideration of the mutual representations herein contained, the parties hereto agree as follows: 1. The City agrees to provide uniform traffic control in and on the private streets and roadways within The Meadows, which community is located within the City, during normal patrol hours. The Partnership acknowledges that this Agreement does not guarantee a minimum number of hours of traffic enforcement. 2. The Partnership agrees to indemnify and hold harmless the City, its Police Department, and all of its officials, officers, agents and employees, against all loss, liability and expenses and all claims made for injury or damage to person or property (including, but not limited to, wrongful death and impairment of any property interest) arising or resulting from the City exercising normal, customary traffic enforcement jurisdiction over the private streets and roadways within The Meadows, which result from the improper or negligent actions of persons under the direct control of the Partnership or the negligent maintenance of the property which is under the direct control of, and is the maintenance obligation of, the Partnership. 3. The City shall not be obligated to provide uniform traffic control within The Meadows until such time as the Partnership posts state - approved traffic control devices, where required. 0 Page 1 of 3 • 4. This Agreement shall take effect on the date it is signed by both parties and may be canceled by the City or the Partnership, for any or no reason, by providing thirty (30) days' written notice to the other party. 5. All Notices required or allowed by this Agreement shall be hand - delivered or mailed by certified mail, return receipt requested. Mailed notices shall be deemed received three (3) days after being placed in the U.S. Mail. Notices are to be sent to the following: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: City Manager copy to: Watterson, Hyland & Kieft, P.A. 4100 RCA Boulevard Palm Beach Gardens, Florida 33410 Attention: Palm Beach Gardens City Attorney As to the Partnership: The Meadows Resort Partnership c/o Manufactured Home Communities, Inc. Two North Riverside Plaza, Suite 800 Chicago, Illinois 60606 Attention: President copy to: Manufactured Home Communities, Inc. Two North Riverside Plaza, Suite 800 Chicago, Illinois 60606 Attention: General Counsel 6. This Agreement represents the entire understanding between the parties with respect to the subject matter hereof, and supercedes all other negotiations, representations and agreements, either written or oral, relating to this Agreement. 7. In the event any section, paragraph, clause or provision hereof is deemed invalid by a court of competent jurisdiction, such shall not affect the remaining portions of this Agreement, which shall remain in full force and effect. [Signatures on the next page] Page 2 of 3 • IN WITNESS WHEREOF, the parties have set their hands hereunto as of the date first above written. CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Joseph R. Russo, Mayor ATTEST: Carol Gold, MMC, City Clerk Approved as to form and legal sufficiency: Leonard G. Rubin, City Attorney THE MEADOWS RESORT PARTNERSHIP, a Florida general partnership By: BLUE RIBBON COMMUNITIES LIMITED PARTNERSHIP, Its: Managing General Partner By: MHC -QRS Blue Ribbon Communities, Inc. Its: General Partner By: Name: Title: ATTEST: Secretary P ACP Win \H ISTO RY\010515A \43 F.92(319.062)Ig r- doc146 0 Page 3 of 3 0 AGREEMENT BETWEEN THE CITY OF PALM BEACH GARDENS AND THE MEADOWS RESORT PARTNERSHIP THIS AGREEMENT, is made and entered into as of the day of June, 2001, by and between the CITY OF PALM BEACH GARDENS, a Florida municipal corporation ( "City "), and THE MEADOWS RESORT PARTNERSHIP, a Florida general partnership. WITNESSETH: WHEREAS, section 316.006(2)(b), Florida Statutes, provides that municipal law enforcement officers, upon execution of an agreement between the owner of a private community and the municipality, shall have the jurisdiction to enforce uniform traffic control on the private streets and roadways within the community; and WHEREAS, the Partnership, as the beneficial owner of the manufactured community commonly known as "The Meadows," located at 2555 PGA Boulevard, Palm Beach Gardens, Florida, and acting on behalf of and for the benefit of the residents of The Meadows, realizes the benefits of having the City's Police Department provide uniform traffic control over the private streets and roadways within the Meadows; and WHEREAS, the City agrees to provide such uniform traffic control over the private streets and roadways within The Meadows. NOW, THEREFORE, in consideration of the mutual representations herein contained, the parties hereto agree as follows: 1. The City agrees to provide uniform traffic control in and on the private streets and roadways within The Meadows, which community is located within the City, during normal patrol hours. The Partnership acknowledges that this Agreement does not guarantee a minimum number of hours of traffic enforcement. 2. The Partnership agrees to indemnify and hold harmless the City, its Police Department, and all of its officials, officers, agents and employees, against all loss, liability and expenses and all claims made for injury or damage to person or property (including, but not limited to, wrongful death and impairment of any property interest) arising or resulting from the City exercising normal, customary traffic enforcement jurisdiction over the private streets and roadways within The Meadows, which result from the improper or negligent actions of persons under the direct control of the Partnership or the negligent maintenance of the property which is under the direct control of, and is the maintenance obligation of, the Partnership. 3. The City shall not be obligated to provide uniform traffic control within The Meadows until such time as the Partnership posts state - approved traffic control devices, where required. Page 1 of 3 • 4. This Agreement shall take effect on the date it is signed by both parties and may be canceled by the City or the Partnership, for any or no reason, by providing thirty (30) days' written notice to the other party. 5. All Notices required or allowed by this Agreement shall be hand - delivered or mailed bycertified mail, return receipt requested. Mailed notices shall be deemed received three (3) days after being placed in the U.S. Mail. Notices are to be sent to the following: As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attention: City Manager copy to: Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, Florida 33410 Attention: Palm Beach Gardens City Attorney As to the Partnership: The Meadows Resort Partnership c/o Manufactured Home Communities, Inc. Two North Riverside Plaza, Suite 800 Chicago, Illinois 60606 Attention: President copy to: Manufactured Home Communities, Inc. Two North Riverside Plaza, Suite 800 Chicago, Illinois 60606 Attention: General Counsel 6. This Agreement represents the entire understanding between the parties with respect to the subject matter hereof, and supercedes all other negotiations, representations and agreements, either written or oral, relating to this Agreement. 7. In the event any section, paragraph, clause or provision hereof is deemed invalid by a court of competent jurisdiction, such shall not affect the remaining portions of this Agreement, which shall remain in full force and effect. [Signatures on the next page] Page 2 of 3 • • IN WITNESS WHEREOF, the parties have set their hands hereunto as of the date first above written. CITY OF PALM BEACH GARDENS, a Florida municipal corporation By: Joseph R. Russo, Mayor ATTEST: Carol Gold, MMC, City Clerk Approved as to form and legal sufficiency: Leonard G. Rubin, City Attorney THE MEADOWS RESORT PARTNERSHIP, a Florida general partnership By: BLUE RIBBON COMMUNITIES LIMITED PARTNERSHIP, Its: Managing General Partner By: MHC -QRS Blue Ribbon Communities, Inc. Its: General Partner By: Name: Title: ATTEST: Secretary PACPWin\ HIST0RY\ 010515A \43F.92(319.062)Igr- doc146 40 Page 3 of 3 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date Prepared: June 5, 2001 Meeting Date: June 21, 2001 Subject/Agenda Item: Consideration of Resolution 92, 2001, accepting a deed from DiVosta and Company for a tract of land located within Plat No. 4 and authorizing the City Clerk to record said deed. Recommendation: Approval of Resolution 92, 2001 Reviewed by: Originating Dept: Costs: Council Action: City Attorney City Attomey Not Applicable ( ] Approved [ ] Approved with conditions ( ] Denied Submitted by: Advertised: Funding Source: [ ] Continued to: City Attom Date: [ ] Operating Paper: [ X] Not Required [ ] Other Approved by: Attachments: City Manager Affected parties: Resolution 92, 2001 Special Warranty Deed [ ] Notified [ X] Not Required Explanation: The Development Order for the Isles project (Ordinance 28, 2001) contained a condition of approval requiring DiVosta and Company to dedicate the "stub out" parcel located south of the Isles within Plat No. 4 to the City. The property will be utilized for drainage purposes. Acceptance of the Special.Warranty Deed satisfies this condition. • • • A N D C O M P A N Y May 31, 2001 Mr. Sean C. Donahue, P.E. City Engineer c /o: City of Palm Beach Gardens 10500 N. Military Trail Palm Beach Gardens, Florida 33410 Re: Isles Stub -Out Parcel Dear Mr. Donahue: Per our earlier discussion, please find attached the Special Warranty Deed for the southern `stub -out' parcel south of The Isles development lying in Plat 4. As you are aware, this dedication is required as part of our development order (Ordinance 28, 2000 - condition #21). Please let me know when this item will be scheduled before the City Council and 1 et me know if you require any further information. Sincerely yours, Rick Greene, AICP Vice President Attachment C: Mr. Charles Wu Mr-Len-Rubin- Mr. Chuck Hathaway Mr. William Shannon Mr. Bob Lawson (all without attachments) P: planning/rg/isles/donahueletter2 4500 PGA Blvd.. Suite 400 Palm Beach Gardens. FL 33418 Executive Offices 561' Fax 561- W 12 21 CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 92, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ACCEPTING A DEED FROM DIVOSTA AND COMPANY FOR A TRACT OF LAND WITHIN PLAT NO. 4, AS MORE PARTICULARLY DESCRIBED THEREIN, AND AUTHORIZING THE CITY CLERK TO RECORD THE DEED IN THE PUBLIC RECORDS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, condition number 21 of the development order for the Isles project (Ordinance 28, 2000) required DiVosta and Company to dedicate the southern "stub -out" within Plat No. 4 to the City for perpetual use by the public for drainage purposes; and WHEREAS, DiVosta has conveyed the property to the City by Special Warranty Deed; and WHEREAS, the City Council has determined acceptance of the deed to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby accepts the Special Warranty Deed from DiVosta and Company, Inc. fora tract of land located within Plat No. 4 adjacent to the Isles development, a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference. The City Council further authorizes the City Clerk to record said deed in the public records. 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. 0- -1- RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. MAYOR JOSEPH R. RUSSO ATTEST: CAROL GOLD, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK 0 -2- PREPARED BY /RETURN TO: William E. Shannon, Esq. 4500 PGA Boulevard, Suite 400 Palm Beach Gardens, FL 33418 Mi 7MINDAM61 SPECIAL WARRANTY DEED THIS INDENTURE, made this3c).4,-- day of , 2001, between, DIVOSTA AND COMPANY, INC., a Florida corporation, whose rincipal office is located at 4500 PGA Boulevard, Suite 400, Palm Beach Gardens, Florida 33418, hereinafter referred to as "Grantor ", and the CITY OF PALM BEACH GARDENS, FLORIDA, a Florida municipal corporation, whose principal office is located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410, hereinafter referred to as "Grantee ". Grantor, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration to it paid by Grantee, the receipt of which is hereby acknowledged, grants and conveys to Grantee and its successors and assigns, the real property situated, lying and being in Palm Beach County, Florida, and described on Exhibit "A" attached hereto (the "Property"). This conveyance is made subject to the following: 1. Real estate taxes and non -ad valorem assessments for the year 2001 and subsequent years. 2. Applicable zoning regulations and ordinances. 3. All of the covenants, conditions, restrictions and easements of record, if any, which may now affect the Property, but this reference shall not operate to reimpose same. TO HAVE AND TO HOLD, the above granted and described Property in fee simple forever, together with all easements and appurtenances thereunto belonging. Grantor, for itself and for its successors and assigns, does hereby specially warrant the title to the Property, and covenant with Grantee that it will defend the same against the lawful claims of all persons claiming by, through or under the Grantor. Signed, sealed and delivered in the presence of: DIVOSTA AND COMPANY, INC., a Florida corporation mt NamQ-7—a Aga ro „ e- Charles H. Hathaway, President Print Name 00cm" C�ZsPiz State of Florida County of Palm Beach The foregoing instrument was acknowledged before me this 30 day of May, 2001 by Charles H. Hathaway, President, of DIVOSTA AND COMPANY, INC., a Florida corporation, on behalf of the corporation. He is personally known to me or has produced as identification. Notary Public Print Name L. CnoP -C, TERRY L. COOPER 1 NU IANY PUBLIC -STATE OF FLORIDA Commission No: COMMISSION N CC926-746 &!APIRES 4110/2004 Expiration Date: BONDED THRU ASA 1 -06&NOTARYI PACounseACS\DOC\swdform.doc • HOOD RD , SURVEYOR'S REPORT: L THIS SURVEY l5 PREPARED FOR OIVOS TA BUILDING CORPORATION. AND IS NOT ASSIGNABLE. SITE t THE LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR / EASEMENTS ANO /OR RIGHTS-OF -WAY OF RECORD. 3. VISIBLE ENCROACHMENTS ARE AS SHOWN Q 4. NOTICE: THERE MAY BE ADDITIONAL RESTRICTIONS THAT 4i ARE NOT RECORDED ON THIS SURVEY THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY. �7 S. THIS SKETCH IS THE PROPERTY OF LAWSON, NOBLE k WE80. INC. AND SHALL NOT BE REPROORK',ED IN WHOLE OR IN PART AW WITHOUT THE PERMISSION OF LAWSON, NOBLE k WEBB. H VO INC. IN WRITING PW' 6. BEARINGS SHOWN HEREON ARE BASED ON THE STATE PLANE COORDINATE SYSTEM NAD'83, 90 ADJUSTMENT. THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 34 TOWNSHIP 41 SOUTH, RANGE 42 EAST, WHICH BEARS NORTH ' 88'41M11 -WEST AND ALL OTHER BEARINGS ARE RELATIVE THERETO. RCA I. BOUNDARY DIMENSIONS SOWN ARE PER PLAT AND FIELD elw� MEASUREMENT ULESS OTHERWISE NOTED. & LANDS SOWN HEREON LIE WITHIN ZONE 'B -.ACCORDING VICINITY SKETCH TO THE FLOOD INSURANCE RATE MAP PANEL 120221 0002 0. DATED JANUARY 3,1979. NOT TO SCALE CL EXISTING FARMS /RANCH (VACANT) N S.W. CORNER OF THE a S . OUARTER OF RbI 45' DE (ORB 2914, PG 670) 1 1 SECTION 36/41/42 N N88'41' 11 "4V —~I � -TO' UE (ORB 5880, AG 1717) J80.00' 1 Lr 18' PIPE _ — . HO DIT I M, 1114.10' ( CANAL -- a — SOUTH LINE OF THE SOUTHEAST _ - QUARTER OF SECTION 36 T 4 TREES I o } I TRACT A o L0 a ro @ © PLAT No. 4 m CITY OF PALM BEACH GARDENS n a PLAOT Na. 4 a I 10 p�gOT No7 4 CITY OF PALM _- BEACH GARDENS � v! ~ N a ii 3 CITY OF PALM - BEACH GARDE N 00 O u2 v J 4 4 N I m O I z0 0 9:6 w 0 SCALE: 1" = 30' t5' U.E. O.17Ty k 0.06w) T 1 80.00' N N N88 °41' 11 "W 12' D.E. —(PB. 27, PG. 4) �w.lsw. t o.nw) LEGAL DESCRIPTION: A TRACT A NAT NO 4 CITY OF PALM BEACH GARDENS, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 27, PAGE 6 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY FLORIDA SL6,ECT TO EASEMENTS AND RESTRICTIONS OF RECORD. CERTIFICATION: 1 HEREBY CERTIFY THAT THE SURVEY SHOWN HEREON WAS PREPARED UNDER MY OIRECTION FOR THE PURPOSE OF 80"ARY SURVEY ACCORDING TO A LEGAL DESCRIPTION FURNISHED AS 94OWN HEREON IN THE ABSENCE OF AN ABSTRACT AND THAT 11 IS ACCURATE TO THE BEST OF MY wLEOCE ANp BELIEF, AND THAT THIS SURVEY MEETS THE MININAA iELHNICAI STANDARDS, PIE FLORIDA ADMINISTRATIVE CODE. AS SET FORT- BY TIE FLORIDA BONG OF ESSIONAL SURVEYORS AND MAPPERS. PURSUANT TO SECTION 472.027, FLORIOA STATUTES S SURVEY IS ONLY VALID FOR THE PURPOSE AS STATED ABOVE FOR WHICH IT IS INTENDED. NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. DATE OF SURVEY: 5 -15 -01 'Wif" F. OrvINE PROFESSIONAL SURVEYOR k MAPPER FLORIDA REGISTRATION NO. 4190 LEGEND (D - HIBISCUS ® - GARDENIA ® - KEY LIME w NS � - FERN - PALM D.E. - DRAINAGE EASEMENT UE. - UTILITY EASEMENT DE.- DEED BOOK OR.B. - OFFICIAL RECORD BOOK P.B. - PLAT BOOK PG - PAGE 0- SET 3/8- IRON ROD WITH CAP NO. L86674 - FOUND 5/8- IRON ROD WITH CAP NO. LB4431 �- CATCHBASIN N - WATER VALVE ®- SANITARY MANHOLE D - CATV -WAY) PAGE BOUNDARY SURVEY CLIENT: DIVOSTA BUILDING CORPORATION Lawson, Noble & Webb, Inc. ENGINEERS PLANNERS SURVEYORS 420 COLUMBIA BEACH DRIVE L66674 ® ®,. WEST PALM BEACH, FL 33409 (561) 684 -6686 • 0 • • • • • • • • 0 • REVISION FB /PG DATE I BY CK'D DATE: 5-15-01 BY: BEJ CK D: WED f B.: JOB NO.: A372 DWG NO.: A3721 t l PAGES ' CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum • Meeting Date: June 21, 2001 Date Prepared: May 31, 2001 Subject/Agenda Item Lease Agreement between Sprint Spectrum L.P.and the City of Palm Beach Gardens for a cellular telephone tower site at 11401 Northlake Blvd. Recommendation/Motion: Staff recommends approval of Resolution 96, 2001 Sprint PCS Site Lease Agreement between Sprint Spectrum L.P. and the City of Palm Beach Gardens. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: Total City Attorn Fire- Rescue [ ] Approved Finance $ 0 [ ] Approved w/ Current FY conditions ACM [ ]Denied Human Res. - Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ X ] Not Required [ X ] Other N/A Staff Report Resolution Agreement Submitted by: Peter T. a of Site Plan Department Affected parties [ ] Notified Budget Acct. #:: N/A [ ] None Approv by: City g r [ X ] Not required BACKGROUND: See attached Staff Report. m CITY OF PALM BEACH GARDENS MEMORANDUM TO: Mayor & City Council DATE: May 30, 2001 APPROVED: Ronald M. Ferris, City Manager FROM: Peter T. Bergel, Fire Chi SUBJECT: Sprint Spectrum L.P. Site Lease Agreement for Cellular Tower Background In February 2001, the City of Palm Beach Gardens was approached by Gulf Coast Real Estate Consultants as agents for Sprint Spectrum L.P. and Young and Associates as agents for Nextel South Corp. to discuss the possibility of executing site lease agreements for cellular phone towers to be located on Municipal property. The proposal herein was negotiated with Sprint Spectrum L.P. and we continue to negotiate with Nextel South Corp. 0 Discussion In February 2001, Gulf Coast Real Estate Consultants approached the City of Palm Beach Gardens as agents for Sprint Spectrum L.P. to discuss the possibility of executing a site lease agreement for a cellular phone tower at the Municipal Golf Course. This proposed site is located immediately north of the golf maintenance facility. The City Manager established a negotiating team to consider proposals and any or all terms or conditions for recommendation to the City Council. Ernie Carr, Brian McLaughlin, Holly Luzader, John Lindgren, and myself were assigned to the negotiating team. Sprint is proposing to construct a "stealth" facility that is a functioning flagpole. They have proposed to locate this facility at the Municipal Golf Course in the open area immediately north of the maintenance facility. Enclosed is a site plan and elevations of that facility. I have also enclosed pictures of what that facility would look like based on similar installations. Additionally, there is a similar installation at Palm Beach County Fire Rescue Fire Station 15 located at the south entrance to the Town of Juno Beach on U.S. Highway One. Sprint Spectrum will be responsible for all maintenance and associated costs to the proposed facility including replacement of the flag when deemed necessary by the City. Furthermore, Sprint will be required to make application and receive City Council Resolution ##, 2001 May 30, 2001 Page 2 Discussion Continued approval for site plan and all improvements in accordance with Section 93 of the City's Land Development Regulations. The City has negotiated a five -year lease. The Agreement will be automatically renewed for four additional terms of five years each. The City has negotiated an annual lease of $24,000, which will increase by three percent per renewal term. Sprint will have the ability to sublease additional space on the antenna structure to a third party telecommunications facility user, provided that any sublease or co- location agreement shall be subject to a ground lease between the City and the third party. The negotiation team has set an annual lease rate for ground space at $6,000. This is a potential increase in annual revenue of $36,000 to the City. Based on the technological advances in cellular tower construction such as the stealth flagpole and the potential increase in revenue to the City the negotiating team supports the execution of this lease agreement. Recommendation Staff recommends approval of Resolution 96, 2001 Sprint PCS Site Lease Agreement between Sprint Spectrum L.P. and the City of Palm Beach Gardens. 101-8• cc: file E. Carr J. Lindgren H. Luzader B. McLaughlin L • CITY OF PALM BEACH GARDENS, FLORIDA RESOLUTION 96, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH SPRINT SPECTRUM, L.P. FOR THE INSTALLATION AND OPERATION OF A WIRELESS TELECOMMUNICATIONS FACILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FORAN EFFECTIVE DATE. WHEREAS, City staff has negotiated a Lease Agreement ( "Lease ") with Sprint Spectrum, L.P., a Delaware limited partnership ( "Sprint ") for the installation and operation of a flagpole- designed telecommunications tower at the City's golf course property; and WHEREAS, the City Council has determined execution of the Lease to be in the best interests of the citizens and residents of the City of Palm Beach Gardens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution. SECTION 2: The City Council hereby authorizes the Mayor and City Clerk to execute the Lease with Sprint, a copy of which is attached hereto as Exhibit "A" and incorporated herein. SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of this Resolution. SECTION 5: This Resolution shall become effective immediately upon adoption. RESOLVED, ADOPTED AND APPROVED THIS DAY OF , 2001. -1- MAYOR JOSEPH R. RUSSO 0 ATTEST: CAROL GOLD, MMC, CITY CLERK I HEREBY CERTIFY that I have approved this Resolution as to form. LEONARD G. RUBIN, CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK 11 • -2- 1 17 J 1. rs - - -L r 0 tI r d 4 1. r 1 Y� 37 PCS SITE AGREEMENT ite Name: City of Palm Beach Gardens ite Address: 11401 Northlake Blvd, Palm Beach Gardens, Florida 33410 April 99 Site ID: M154XC077 1. Premises and Use. Owner, the City of Palm Beach Gardens, Florida leases to Sprint Spectrum L.P., a Delaware limited partnership ('SSLP"), the site described below: Land consisting of approximately 600 square feet upon which SSLP will construct its equipment base station and antenna structure, space required for cable runs to connect PCS equipment and antennas, in the location(s) ( "Site') shown on Exhibit A -1 (legal description and site sketch) and Exhibit A -2 (engineering drawings prepared by ARCADIS, GERAGHTY & M-LER, which drawings will be replaced in the future with Owner approved construction drawings or as -built drawings) which Exhibits are attached hereto and made a part hereof, together with a non - exclusive license for reasonable access thereto and to the appropriate, mutually acceptable source of electric and telephone facilities, as indicated on the approved plans. The Site will be used by SSLP for the purpose of installing, removing, replacing, modifying, maintaining and operating, at its expense, a personal communications service system facility ( "PCS "), including, without limitation, a flagpole designed stealth telecommunications tower, antenna equipment, cable wiring, back -up power sources (including generators and fuel storage tanks), related fixtures and, if applicable to the Site, an antenna structure. SSLP will use the Site in a manner which will not unreasonably disturb the occupancy of Owner's other tenants. SSLP will have access to the Site 24 hours per day, 7 days per week, however if access is required after hours when the Site has been secured by Owner, SSLP shall provide advance telephonic notice to Owner's Police Department via the non - emergency telephone number. 2. Term. The term of this Agreement (the "Initial Term') is 5 years, commencing on the date (`Commencement Date) both SSLP and Owner have executed this Agreement. This Agreement will be automatically renewed for four additional terms (each a "Renewal Term') of 5 years each, unless SSLP provides Owner notice of intention not to renew not less than 90 days prior to the expiration of the Initial Term or any Renewal Term. 3. Rent. Until the date that is 60 days after the issuance of a building permit, rent will be a one -time aggregate payment of $500.00, the receipt of which Owner acknowledges. Thereafter, rent will be paid in equal annual instAlments of Twenty Four Thousand and 00/ 100 ($24,000.00) (until increased as set forth herein), partial years to be prorated, in advance. Rent for each Renewal Term will be the annual rent in effect for the final year of the Initial Term or prior Renewal Term, as the case may be, increased by three percent (3 %). 4. Title and Quiet Possession. Owner represents and agrees (a) that it is the Owner of the 'Site; (b) that it has the right to enter into this Agreement; (c) that the person signing this Agreement has the authority to sign; (d) that SSLP is entitled to access to the Site at all times and to the quiet possession of the Site throughout the Initial Term and each Renewal Term so long as SSLP is not in default beyond AWILhe expiration of any cure period; and (e) that Owner shall not have unsupervised access to SSLP's equipment located on the ground ace of the Site., but shall have unrestricted access to other portions of the Site when necessary for the protection of the public health, ety and general welfare. 5. Assignment /Subletting. SSLP shall have the right to sublease or assign its rights under this Agreement for space on the telecommunications tower and antenna structure to a third party telecommunications facility user, provided however that any such assignment, sublease, or co- location agreement shall be subject to the approval of a ground lease between Owner and the third party telecommunications facility user. Owner shall be entitled to one hundred percent (100 %) of the rent derived from any ground lease between Owner and the third party telecommunications facility user, provided however that Owner shall not be entitled to any rent, revenues, payments, or compensation derived and /or received from the sublease, assignment, or co- location agreement between SSLP and the third party telecommunications facility user(s) for space on the telecommunications tower and antenna structure leased to any such third party user by SSLP. Notwithstanding the foregoing, if any sublessee intends to use the Site for a use other than the provision of wireless telecommunications services, then such sublease requires the prior written consent of Owner, which consent shall not be unreasonably withheld, conditioned or delayed. SSLP may not assign, or otherwise transfer all or any part of its interest in this Agreement or in the property without the prior written consent of Owner, which consent shall not be unreasonably withheld or delayed; provided, however, that SSLP may assign its interest to its parent company, any subsidiary or affiliate of it, or its parent company, or to any successor in interest or equity acquiring fifty -one percent (51 %) or more of its stock or assets, subject to any financing entity's interest, if any, in this Agreement without the consent of Owner. 6. Notices. All notices must be in writing and are effective only when deposited in the U.S. mail, certified and postage prepaid. or when sent via overnight delivery. Notices to SSLP are to be sent to: Sprint PCS Lease Management, South East Region, Cascade No. MI 54XC077,1357 Hembree, Suite 100, Roswell, Georgia, 30076, with a copy to Sprint Law Department, 6391 Sprint Parkway, Mailstop KSOPHT0101- Z2020, Overland Park, Kansas, 66251 -2020, Attn.: Sprint PCS Real Estate Attorney, Cascade No. MI 54XC077. Notices to Owner must be sent to the address shown underneath Owner's signature. 7. Improvements. SSLP may, at its expense, make modifications to SSLP's equipment on the ground as it deems necessary from time to time for the operation of the PCS system, however SSLP may not make modifications to the design of the telecommunications tower or Site layout without Owner's prior consent, which consent shall not be unreasonably withheld, delayed or conditioned.. Owner agrees to cooperate with SSLP with respect to obtaining any required zoning approvals for the Site and such improvements. Upon termination or expiration of this Agreement, SSLP shall remove its equipment and improvements and will restore the Site to substanfiAll_y the condition existing on the Commencement Date, except for ordinary wear and tear and casualty loss. S. Compliance with Laws. Owner represents that Owner's property (including the Site), and all improvements located thereon, are in substantial compliance with building, life /safety, disability and other laws, codes and regulations of applicable governmental authorities. SSLP will comply with all applicable laws relating to its possession and use of the Site, including but not limited to, Section 93 of Owner's Land Development Regulations. 9. Interference. SSLP will resolve technical interference problems with other equipment located at the Site on the Commencement Date any equipment that becomes attached to the Site at any future date when SSLP desires to add additional equipment to the Site. Owner will not permit or suffer the installation of any future equipment which (a) results in technical interference problems wi4W,ewise, SSLP's then existing equipment or (b) encroaches onto the Site. 10. Utilities. Owner represents that utilities adequate for SSLP's use of the Site are available. SSLP will pay for all utilitie the Site. Owner will cooperate with SSLP in SSLP's efforts to obtain utilities from any location provided by Owner or the se • including signing any instrument reasonably required by the utility company. 11. Termination. SSLP may terminate this Agreement at any time by notice to Owner without further liability if SSLP does not obtain all permits or other approvals (collectively, "approval") required from any governmental authority or any easements required from any Oird, pa rty to operate the PCS system, or if any such approval is canceled, expires or is withdrawn or terminated, or if Owner fails to have r ownership of the Site or authority to enter into this Agreement, or if SSLP, for any other reason, in its sole discretion, determines at it will be unable to use the Site. Upon termination, all prepaid rent will be retained by Owner unless such termination is due to Owner's failure of proper ownership or authority, or such termination is a result of Owner's default. 12. Default. If either party is in default under this Agreement for a period of (a) 15 days following receipt of notice from the non- defaulting party with respect to a default which may be cured solely by the payment of money, or (b) 30 days following receipt of notice from the non - defaulting party with respect to a default which may not be cured solely by the payment of money, then, in either event, the non - defaulting party may pursue any remedies available to it against the defaulting party under applicable law, including, but not limited to, the right to terminate this Agreement. If the non - monetary default may not reasonably be cured within a 30 -day period, this Agreement may not be terminated if the defaulting party commences action to cure the default within such 30 -day period and proceeds with due diligence to fully cure the default. 13. Indemnity. SSLP shall indemnify and hold Owner, its trustees, elected and appointed officers, agents, servants, and employees, harmless from and against, any and all liabilities, claims, demands, or causes of action whatsoever the kind, and the resulting losses, costs, expense, reasonable attorney's fees, damages, orders, judgments, or decrees, sustained by Owner, resulting or arising out of the negligent acts, errors or omissions of SSLP in the use and occupancy of the Site by SSLP. This indemnity releases Owner from and against any and all liability and responsibility arising out of the construction, operation, or repair of the telecommunications facility. This indemnity does not apply to any claims arising out of the sole negligence or intentional misconduct of the Owner. The indemnity obligations under this Paragraph will survive termination of this Agreement, and shall continue in full force and effect as to SSLP's obligation to indemnify Owner. 14. Hazardous Substances. Owner represents that it has no knowledge of any substance, chemical or waste (collectively, 'substance") on the Site that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. SSLP will not introduce or use any such substance on the Site in violation of any applicable law. 15. Subordination and Non - Disturbance. This Agreement is subordinate to any mortgage or deed of trust now of record against the Site. However, promptly after the Agreement is fully executed, Owner will use diligent efforts to obtain a non - disturbance agreement reasonably acceptable to SSLP from the holder of any such mortgage or deed of trust. 16. Taxes. SSLP will be responsible for payment of all personal property taxes assessed directly upon and arising solely from its use of the communications facility on the Site. SSLP will pay to Owner any increase in real property taxes attributable solely to any improvements to the Site made by SSLP within 60 days after receipt of satisfactory documentation indicating calculation of SSLP's share of such real estate taxes and payment of the real estate taxes by Owner. Owner will pay when due all other real estate taxes and assessments attributable to the property of Owner of which the Site is a part. 17. Insurance. SSLP will procure and maintain during the entire term of this Agreement, comprehensive commercial general liability insurance for liability, bodily injury and property damage and which shall include premises, operations and contracts, issued by a *EIany authorized to conduct business under the laws of the State of Florida, with limits of not less than $1,000,000 combined single t�per occurrence for bodily injury and property damage liability, with a certificate of insurance to be furnished to Owner's Risk Manager within 30 days of final execution of this Agreement and once each year thereafter. The policy shall provide blanket contractual liability insurance for all written contracts, and shall include coverage for products and, completed operations liability; coverage for independent contractor's liability; and coverage for property damage from the perils of explosion, collapse, or damage to underground utilities, commonly known as XCU coverage. Such policy will provide that cancellation will not occur without at least 30 days prior written notice to Owner. Each party hereby waives its right of recovery against the other for any loss or damage covered by any insurance policies maintained by the waiving party. Each party will cause each insurance policy obtained by it to provide that the insurance company waives all rights of recovery against the other party in connection with any damage covered by such policy. 18. Maintenance. SSLP will be responsible for repairing and maintaining the PCS system and any other improvements installed by SSLP at the Site in a proper operating and reasonably safe condition; provided, however if any such repair or maintenance is required due to the acts of Owner, its agents or employees, excluding any necessary actions taken by the Owner that are performed in the furtherance of the interests of the public health, safety and general welfare, Owner shall reimburse SSLP for the reasonable costs incurred by SSLP to restore the damaged areas to the condition which existed i— ediately prior thereto. Owner will maintain and repair all other portions of the property of which the Site is a part in a proper operating and reasonably safe condition. 19. Miscellaneous. (a) This Agreement applies to and binds the heirs, successors, executors, administrators and assigns of the parties to this Agreement; (b) this Agreement is governed by the laws of the state in which the Site is located; (c) nothing set forth herein shall be considered or construed as a waiver of the Owner's sovereign immunity protections and the ti— itations of liability set forth in Section 768.28, Florida Statutes, as amended from time to time.; (d) this Agreement (including the Exhibits) constitutes the entire agreement between the parties and supersedes all prior written and verbal agreements, representations, promises or understandings between the parties. Any amendments to this Agreement must be in writing and executed by both parties; (e) if any provision of this Agreement is invalid or unenforceable with respect to any party, the remainder of this Agreement or the application of such provision to persons other than those as to whom it is held invalid or unenforceable, will not be affected and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law; and (4 the prevailing party in any action or proceeding in court or mutually agreed upon arbitration proceeding to enforce the terms of this Agreement is entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non - prevailing party. 20. Non - Binding Until Fully Executed. This Agreement is for discussion purposes only and does not constitute a formal offer by either party. This Agreement is not and shall not be binding on either party until and unless it is fully executed by both parties. The following Exhibits are attached to and made a part of this Agreement: Exhibits A -1 - Legal Description and Sketch; Exhibit A -2 - Engineering drawings prepared by ARCADIS, GERAGHTY & MILLER. 0 OWNER City of P-Im Beach Gardens By: Its: S.S. /Tax No.: Address: 10500 North Military Trail Palm Beach Gardens, Florida 33410 Date: "SSLP ": Sprint Spectrum L.P. a Delaware limited partnership By: James W. Green Its: SE Site Develonment Director Date: Attach Exhibit A -1, Legal Description and Site Sketch; Exhibit A -Z- Engineering drawings prepared by ARCADIS, GERAGHTY & MILLER. • • EXHIBIT A -1 PCS SITE AGREEMENT April 99 Site Name: City of Palm Beach Gardens Site ID: MI54XC077 Site Address: 11401 Northlake Blvd, Palm Beach Gardens, Florida 33410 Site Description Site situated in the City of Palm Beach Gardens, County of Palm Beach, State of Florida commonly described as follows: Legal Description: Sketch of Site: • Owner Initials WSLP Initials Note: Owner and SSLP may, at SSLP's option, replace this Exhibit with an exhibit setting forth the legal description of the property on which the Site is located and /or an as -built drawing depicting the Site. OWNER NOTARY BLOCK: STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of , 2001, by , as of the City of Palm Beach Gardens, a Florida municipal corporation, on behalf of the corporation. (AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC —STATE OF My commission expires: (PRINTED, TYPED OR STAMPED NAME OF NOTARY) COMMISSION NUMBER 0SLP NOTARY BLOCK: STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2001, by of Sprint Spectrum L.P., a Delaware limited partnership, who executed the foregoing instrument on behalf of such corporation. (AFFIX NOTARIAL SEAL) (OFFICIAL NOTARY SIGNATURE) NOTARY PUBLIC —STATE OF My commission expires: is (PRINTED, TYPED OR STAMPED NAME OF NOTARY) Form W -9 Request for Taxpayer Give form to the .(Rev. March 1994) Identification Number and Certification requester. Do NOT Department or the Treasury send to the IRS. Internal Revenue Service Name (If joint names, list first and circle the name of the person or entity whose number you enter in Part I below. See instructions on page 2 if your name has changed.) • m a T 0 C ._ o. N co d IL Business name (Sole proprietors see instructions on page 2.) Please check appropriate box: ❑ Individual/Sole proprietor ❑ Corporation ❑ Partnership ❑ Other ► .. ............................... Address (number, street, and apt. or suite no.) I Requester's name and address (optional) City, state, and ZIP code I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN). For sole proprietors, see the instructions on page 2. For other entities, it is your employer identification number (EIN). If you do not have a number, see How To Get a TIN below. Note: If the account is in more than one name, see the chart on page 2 for guidelines on whose number to enter. I07taIII Certification Social security number 1 I l OR Employer identification number I t I I I I I I List account number(s) here (optional) For Payees Exempt From Backup Withholding (See Part II instructions on page 2) Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I 'have not been notified by the Internal Revenue Service that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. Certification Instructions. —You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because of underreporting interest or dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, the acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (Also see Part III instructions on page 2.) Sign Here Signature ► Section references are to the Internal Revenue Code. Purpose of Form. —A person who is required to file an information return with the IRS must get your correct TIN to report income paid to you, real estate transactions, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 to give your correct TIN to the requester (the person requesting your TIN) and, when applicable, (1) to certify the TIN you are giving is correct (or you are waiting for a number to be issued), (2) to certify you are not subject to backup withholding, or (3) to claim exemption from backup withholding if you are an exempt payee. Giving your correct TIN.and making the appropriate certifications will prevent certain payments from being subject to backup withholding. Note: If a requester gives you a form other than a W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. What Is Backup Withholding ? — Persons making certain payments to you must withhold and pay to the IRS 31% of such Date ► payments under certain conditions. This is called "backup withholding." Payments that could be subject to backup withholding include interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. If you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return, your payments will not be subject to backup withholding. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, or 2. The IRS tells the requester that you furnished an incorrect TIN, or 3. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 4. You do not certify to the requester that you are not subject to backup withholding under 3 above (for reportable interest and dividend accounts opened after 1983 only), or 5. You do not certify your TIN. See the Part III instructions for exceptions. Certain payees and payments are exempt from backup withholding and information reporting. See the Part II instructions and the separate Instructions for the Requester of Form W -9. How To Get a TIN.—If you do not have a TIN, apply for one immediately. To apply, get Form SS -5, Application for a Social Security Number Card (for individuals), from your local office of the Social Security Administration, or Form SS -4, Application for Employer Identification Number (for businesses and all other entities), from your local IRS office. If you do not have a TIN, write "Applied For" in the space for the TIN in Part I, sign and date the form, and give it to the requester. Generally, you will then have 60 days to get a TIN and give it to the requester. If the requester does not receive your TIN within 60 days, backup withholding, if applicable, will begin and continue until you furnish your TIN. Cat. No. 10231X Form W -9® Form W -9 (Rev. 3 -94) Note: Writing 'Applied For" on the form means that you have already applied for a TIN OR that you intend to apply for one soon. As soon as you receive your TIN, complete another Form W -9, include your TIN, sign and date the form, and give it to the requester. Penalties Failure To Furnish TIN. —If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil Penalty for False Information With Respect to Withholding —If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal Penalty for Falsifying Information.— Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and /or imprisonment. Misuse of TINs. —If the requester discloses or uses TINS in violation of Federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name. If you are an individual, you must generally enter the name shown on your social security card. However, if you have changed your last name, for instance, due to marriage, without informing the Social Security Administration of the name change, please enter your first name, the last name shown on your social security card, and your new last name. Sole Proprietor. —You must enter your individual name. (Enter either your SSN or EIN in Part I.) You may also enter your business name or "doing business as" name on the business name line. Enter your name as shown on your social security card and business name as it, was used to apply for your EIN on Form SS -4. Part I— Taxpayer Identification Number I(TIN) You must enter your TIN in the appropriate box. If you are a sole proprietor, you may enter your SSN or EIN. Also see the chart on this page for further clarification of name and TIN combinations. If you do not have a TIN, follow the instructions under How To Get a TIN on page 1. Part 11 —For Payees Exempt From Backup Withholding Individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. For a complete list of exempt payees. see the separate Instructions for the Requester of Form W -9. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. Enter your correct TIN in Part I, write "Exempt" in Part II, and sign and date the form. If you are a nonresident alien or a foreign entity not subject to backup withholding, give the requester a completed Form W -8, Certificate of Foreign Status. Part III — Certification For a joint account, only the person whose TIN is shown in Part I should sign. 1. Interest, Dividend, and Barter Exchange Accounts Opened Before 1984 and Broker Accounts Considered Active During 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, Dividend, Broker, and Barter Exchange Accounts Opened After 1983 and Broker Accounts Considered Inactive During 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real Estate Transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other Payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified of an incorrect TIN. Other payments include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services, payments to a nonemployee for services (including attorney and accounting fees), and payments to certain fishing boat crew members. 5. Mortgage Interest Paid by You, Acquisition or Abandonment of Secured Property, Cancellation of Debt, or IRA Contributions. You must give your correct TIN, but you do not have to sign the certification. Privacy Act Notice Section 6109 requires you to give your correct TIN to persons who must file information returns with the IRS to report interest, dividends, and certain other income paid to you, mortgage interest you paid, the acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. The IRS uses the numbers for identification purposes and to help verify the accuracy of your tax return. You must provide your Page 2 TIN whether or not you are required to file a tax return. Payers must generally withhold 31% of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply. What Name and Number To Give the Requester For this type of account- Give name and SSN of: 1. Individual The individual 2. Two or more The actual owner of the individuals Qoint account or, 9 combined account) funds, the First individual on the account' 3. Custodian account of The minor' a minor (Uniform Gift to Minors Act) 4. a. The usual The grantor - trustee' revocable savings trust (grantor is also trustee) b. So- called trust The actual owner' account that is not a legal or valid trust under state law 5. Sole proprietorship The owner' For this type of account: Give name and EIN of: 6. Sole proprietorship The owner' 7. A valid trust. estate, or Legal entity' pension trust 8. Corporate The corporation 9. Association, club, The organization religious, charitable, educational, or other tax-exempt organization 10. Partnership The partnership 11. A broker or registered The broker or nominee nominee 12. Account with the The public entity Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 'List first and title the name of the person whose number you furnish. 'Circle the minor's name and furnish the minoPS SSN. 'You must show your individual name, but you may also enter your business or 'doing business as" name. You may use either your SSN or EIN. 'List first and circle the name of the legal trust, estate. or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated in the account title.) Note: if no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. 10 • • M L y a iy e g z- s 9 a jig o ' 6 pill Jul Ili g� 11Q111@g111 bBfilli_ q hol v n jav Opt ° a 1 ate " v s ?s�g} $g p§ �t3tf9f;i 9�a €9 a s bA ' R RR RR . f RBgRa 'fill op is if I il I a 9 a aaaa A a. SOaaa R bs Gl �$_ d� I €g FLOOD ZONE INFORMATION t MF isma ala • wr1L>e • W. W. !—�� 3 € ■N °} €� 1,V.� mr OOPALM sE�A01 ass aat�inc I . R5��aFS v � SPFWT, PCS p {� �LLi+Fa22 4 'r�•/�4! pV �, �y jam' rAw BEACH COUNTY. 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NJ e fix � Y RON C 15N, 'dig pp S i ay$ Oilif ilia n z o rn a o N n = o m u F a¢ $ #E4 a Y a 191 E M r •� J 9 n z o rn a o N n = o m 3 I d 53 u F a¢ $ #E4 a Y a 191 M •� J 9 � % YaYY•xEq r C C I� 3 I d 53 • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorand' rn Meeting Date: June 21, 2001 Date Prepared: May 29, 2001 SUBJECT /AGENDA ITEM SP- 01 -14- North Corp Lots 10 & 11 Consideration of Approval: Resolution 98, 2001, a request by Henry Skokowski of Urban Design Studio, on behalf of NorthCorp Development Inc., for a waiver from the maximum amount of covered parking allowed per the City's Land Development Regulations. The applicant plans to amend the site plan of NorthCorp Lots 10 & 11 of the NorthCorp Planned Community Development (PCD) to convert 28 existing open parking spaces to covered parking. RECOMMENDATION Staff recommends approval of Resolution 98, 2001, subject to conditions and waivers requests from Land Development Regulations. Reviewed by: A Originating Dept.: Growth Management: FINANCE: NA P&Z Commission Action: Principal Planner Costs: $ [ ] Approved Karen M. Craver P Project Total [ ] App. w/ conditions City Attorney Manager [ ] Denied Kara Irwin $ [ ] Rec. approval Finance NA Current FY [ x] Rec. app. w/ conds. [ ] Rec. Denial Human Res. NA [ ] Continued to: Funding Source: Submitted by: Advertised: Attachments: Growth Manag �k Date: Paper: [ ]Operating [X] Other NA • Table 1 •Wind Load Certificate Direct Charles K. Wu, AICP *Application Waiver [X] Not Required Justification Approved by: Budget Acct. #: 0 Staff Comments Affected parties: City Manager NA • Aerial ( ] Notified [X] Not Required �� ?-011� [ ] None City Council Meeting Date: June 21, 2001 Date Prepared: May 29, 2001 Petition SP -01 -14 REQUEST Henry Skokowski of Urban Design Studio, acting as agent for NorthCorp Development, Inc., is requesting a site plan amendment for Lots 10 and 11, located within the Southpark Plat of the NorthCorp Planned Community District (PCD). The applicant requests waiver from the maximum amount of covered parking allowed per the City's Land Development Regulations so as to covert 28 open parking spaces to covered parking. The proposed covered parking structures consist of three (3) structures of nine (9), eight (8) and eleven (11) spaces. The site is located south of NorthCorp Parkway and on the west side of East Park Drive within the NorthCorp PCD. The PCD is located west of Altemate Al A, south of RCA Boulevard and north of Burns Road. (07- 42S -42E) BACKGROUND Lots 10 and 11 are part of the NorthCorp PCD, which was originally approved on January 18, 1990, with the adoption of Ordinance 1, 1990. Ordinance 1, 1990 united all lands comprising the former RCA site into one development order. The original ordinance provided for an approval mechanism for future petitions within the PCD, assigned site- specific restrictions to certain lots, established maximum trip generations for the development, and established time - certain conditions of approval for certain road and drainage improvements. On June 18, 1998, Resolution 46, 1998 was adopted for the construction of South Park Center, a three -story office building (69,208 S.F.) in the NorthCorp PCD. This original approval encompassed a portion of Lot 10 and all of Lot 11, totaling 4.68 acres, with a total of 258 provided parking spaces. With the subsequent modification of parking lot entry points and open space provided around existing trees, 10 parking spaces were lost, bringing the provided number of parking spaces to 248, over the minimum requirement of 231 spaces. On October 5, 2000, Resolution 76, 2000 was adopted providing for the addition of the remainder of Lot 10 to the site for construction of an additional 115 parking spaces on that portion of Lot #10, and construction of a covered parking structure over 12 existing spaces, meeting the maximum requirement of 5% allowed for covered parking. With the addition of the 115 parking spaces, the net total of parking spaces is 363. The applicant was required to request a waiver from the maximum number of parking spaces allowed per the City's Land Development Regulations (Section 180(d)(3)), for the increase of parking greater than 10% of the required parking for the site. The current petition is for a waiver from the maximum amount of covered parking allowed per the City's Land Development Regulations to allow for the construction of three (3) 2 ■ City Council Meeting Date: June 21, 2001 Date Prepared: May 29, 2001 Petition SP -01 -14 covered parking structures over 28 existing parking spaces, for a total of 40 covered parking spaces on the entire site (which will now constitute 17.3% of the required parking). LAND USE & ZONING The subject site is zoned M1 -PCD (Planned Community District), has a future land -use designation of "I" (Industrial), and is listed as "CT" (Commerce and Trade) on the Vision Plan. CONCURRENCY The petition adds no new traffic to the site; therefore, this petition is in compliance with the City's concurrency requirements. PROJECT DETAILS Covered Parking The proposed covered parking structures are 18' in width and varying lengths (72', 81', 99') is housing 28 total parking spaces. The structures consist of a metal framework with an emerald green vinyl covering. The framework and pole structures will be painted to match the vinyl covering. Per City staff request, the petitioner has also included an approved wind load certificate for the proposed structure and canopy cover. See attached photocopies. Lighting The petitioner has submitted a lighting plan depicting the entire site lighting photometrics, and also a separate lighting plan for the three (3) proposed canopy areas. Waiver Reauests Code Section Required Provided Waiver Staff Recommendation Section 190 (g) 12 spaces 40 spaces 28 spaces Support — Covered ( <5% of total Parking required Maximum parking) Amount The applicant has provided adequate justification for the requested waiver; therefore, staff supports the waiver. (Project Narrative attached) K3 • • • City Council Meeting Date: June 21, 2001 Date Prepared: May 29, 2001 Petition SP -01 -14 COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) The comments from the Development Review Committee and applicant's responses to those comments have been attached. To date the following departments have made no formal objection and /or comments, yet still reserve the right to comment: Parks & Recreation Department, City Legal, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission reviewed this petition on May 22, 2001 and recommended approval of the site plan amendment and waiver request 7 -0. RECOMMENDATION Staff recommends approval of petition SP -01 -14 with the waiver, as provided in the attached resolution. 4 June 4, 2001 RESOLUTION 98, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF A MAJOR SITE PLAN AMENDMENT FOR THE CONSTRUCTION OF THREE COVERED PARKING STRUCTURES OVER AN EXISTING PORTION OF LOT 10 & LOT 11 OF SOUTH PARK CENTER (A/K/A 4600 EAST PARK DRIVE) WITHIN THE NORTHCORP PLANNED COMMUNITY DISTRICT; PROVIDING FOR A WAIVER; PROVIDING FOR A CONDITION OF APPROVAL; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (SP -01 -14) from Urban Design Studio to approve a site plan amendment and a waiver from the maximum amount of covered parking allowed pursuant to the City's Land Development Regulations so as to convert 28 open parking spaces to covered parking on a portion of lot 10 and lot 11 of South Park Center (a /k/a 4600 East Park Drive) within the Northcorp Planned Community District; and WHEREAS, the City of Palm Beach Gardens originally approved the construction of a 69,208 S.F. building, South Park Center, encompassing a portion of Lot 10 and all of Lot 11, through the adoption of Resolution 46, 1998; and WHEREAS, the City has received a petition from Urban Design Studio to amend Resolution 46, 1998, as amended by Resolution 76, 2000, to allow construction of three covered parking structures over existing parking spaces; and WHEREAS, the Growth Management Department has determingd that approval of said application is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on May 22, 2001, the Planning and Zoning Commission reviewed and recommended approval, subject to one condition. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens hereby approves a site plan for the addition of three covered parking Resolution 98, 2001 June 4, 2001 Page 2 of 4 structures over 28 existing open parking spaces on a portion of lot 10 and lot 11 of South Park Center (a/k/a 4600 East Park Drive), generally located % mile north of the intersection of Bums Road and East Park Drive, within the Northcorp Planned Community Development District, as more particularly described in Exhibit "A" attached hereto and incorporated herein. Section 2. Said amendment to the Planned Unit Development is hereby approved subject to the following condition that shall be the responsibility of the applicant, its successors and /or assigns: The applicant shall submit a signed and sealed photometric plan that meets the requirements of the Palm Beach Gardens Land Development Regulations prior to the issuance of a building permit. Section 3. Construction of said development shall be in accordance with the following plans on file with the City's Growth Management Department: 1. March 9, 2001, Site Plan, Urban Design Studio, Sheet S -1 2.- Stamped March 13, 2001, Covered Parking Plan, by D. William Beebe, Architect Section 4. This approval expressly incorporates and is contingent upon representations made by the applicant's agents at all workshops and public hearings pertaining to this project. Section 5. The City's Land Development Regulations allow a maximum 5% percent of the required parking to be covered (Section 190(g)). The City Council of the City of Palm Beach Gardens, Florida hereby grants a waiver from that requirement to allow an additional 12.3% of the required parking to be converted from open parking to covered parking for a total of 17.3% of the required parking to be covered on the site. Section 6. All resolutions or parts of resolutions previously adopted that are in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2001. • Resolution 98, 2001 June 4, 2001 Page 3 of 4 MAYOR JOSEPH RUSSO ATTEST BY: CAROL GOLD CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: LEONARD RUBIN, CITY ATTORNEY VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK • MAY ABSENT Exhibit A (Letial Description) PARCEL 1: Las 1 1 ;and Tract ��' , 1 -1, of SO TH PAP.I� CE_� E , acc�ordin :o he la ?t thereof, recorded in Plat Book- 67, Page 8 ", of the Public Records of Palm lif•ach Countyy, Florida; sa;d Wads situate, l';ing and'oehag it Palm Beach County, Fionda. T&x- Asscssor's Nos. PC` 52- 42- 42 -12 -1 S- 000 -0030 (Lot 3) 42- 42- 12 -18- 000 -01 10 (Lot 11) _-42- 4?- I? -18- 000 -0130 (Lo: 13) }2- 12- 42- 12 -18- 023 -0010 (Traci 0 PARCEL T.ot 2, of r',.0 ^L BOULEVARD CIE TER, according to the Plat thereof, recorded in P as Rcok 5', Pate 8 °, of the Public Records of Palm Beach Count,., Florida; sand lards siruare, lying and being in Palm Beach County, Floi ida. Tw Assessor's loos. -PC', 52- 42- 42 -01 -12 -000 -0020 `:*Vcurnmanceri;},lf':,3098\ 1082 :DE ;f, i.LE::AL.C,]P.duc IM 06 (Real 2&wc) • • City Council Meeting Date: June 21, 2001 Date Prepared: May 29, 2001 Petition SP -01 -14 ATTACHMENT 1 EXISTING ZONING AND LAND USE DESIGNATIONS USE . EXISTING DE; r ON[NO FUTURE Subject Property Exist. Office/Vacant PCD Planned Community Industrial District North PCD I Vacant Planned Community Industrial Balance of Lot 9 District South PCD Vacant Planned Community I Lot 5 District Industrial PCD West Planned Community I Implant Innovation, Inc. District Industrial Industrial East PCD I Vacant Planned Community Industrial Lot 12 District 0 • Attachment 2 Wind Load Certificate t'3,1'roc PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT BUILDING DIVISION 10 DESIGN - CERTIFICATION FOR BUILDING CODE COMPLIANCE T ti! SFOMviTOBE USED FOR Cc .RTIrFICAMONCF ALL BUILDINGS ANDS7RUC7URES. FORM IS NOT RE-2111RED FCR PRCCUCTS. COMPONENTS, AND CLADDING LISTED. LP3ELD OR CEriTIFIED BY RECOGNIZED MOOELCOOE OR EVALUATION AGENCY. 1ECT NAME AND ADDRESS: A 14'> /(I / 1121L 121 - - � •�-� �-+ , � v: •xa�i I I -- - - - - - -- - P.R. NUMBER t; UPANCY (SFD; %WLT1- FAMILY: COMMERC!AL; INDUS'MIAL - DESCRIBE]: _ \ A Vet 1J (0b 1 i EMF:N T [REF r, -'+ 0 7E 471 -W^ 431 FLOR!^:, S7.-- :1TES1. y that, :o the be_t u: my knowiedge and belief, these plena and specifications have been designed to comp ,, wi(n the !� )licable s.'^✓c: ✓dal perdons of the Euilding Codes as amended. adopt.-d. and enforced by the realm Seech Gcunry Planning, ;I sing L Building Dc.^.a."Iment. 9ui!ding Oriision. 1 also cer ✓fy that Me suvc.utal ccmpcnents, systerns. and related etements ;I wide ade =sate resistance to hind Ixdz and :Tres sceci red by the cur:nn! Ccde p,-ovislons. IGN PAR4METERS & .4SSUtr1PTIONS (check all zoo!i_ablel: - - 'CJE �!. . i0 -:�,,S'c, -, 19S7, AS A&IENO °_n S P 2 C A SCE 7 -55 i EXPOSURE= CONDITION, INvICA7_ ); JILr?INC Si�V =:� f%: ;_. PARTIALLY ENCLOSED ter' ENCLOSED � OPGN �. TESTE 7 i iwo •rr�!;�I • II DING i-!EiL^ y` ,- 60 ft. TIAAY USE LOW RISE PROVISIONS 3= SSC 16()s.21 0 > 60 ti j',tUS i USE ASC. T' ���� 1' 40-N RO:i= ; ~�+�!.�� -i (1 • (r OF. Lr-W P;!SE SLrG. YJ(TN SLOPED ROO -SI IPORTA(`iCE Fr`-.0 T OR^ JIDE t•ERMIN D BY SUILDING USJOCCUPANCY 1.05 j r_FER TO SSG TABLE 1606, OR ASCE TABLE 6 -2 !! a�SICVVIN'D VEL0CI 7r PRESSURES: :RIFYAPO ROPRIATE POSITIVE/NEGATIVE PRESSURE COEr= ICIENTS HAVE BEEN APPLIED TO hiAIN :MIND FORCE :SISTINE SYSTEM. OR BUILDING ENVELOPE COMPONENTS AND CLADDING. AS APPLICABLE: L 1:O w: 040 0-r e oYea-) S3CCi laa-05 L.'IND SPEED • �S (FASTEST MILE) SAS IC VELOCITY PRESSURE 1 Z• � PSF P.SCE' ?5 VVINrJ SPEED c ?.SIC V=ELOCITY PRESSURE __ - -- PSr )TE: ACT U.A L DESIGN PRESSURES FOR ALL EXTERIOR WINDOWS, DOORS, GARAGE DOORS, : NO SIMILAR 1VELOPc ELEMENTS RUST BE INDICATED ON CONSTRUCTION PLANS. COF DEAD LOAD TACTUt-L DE AD _OAC) OF I --A ERIAL !,SED FO? vS- =_:'MiNiNG UPLIr (., = .kC i IO.1S) _z �! PS= t OIL oEAP!NG C;,PACI i Y 1 -1.1k, pSF CA V-4 �It 1,) 1i EVIDNED FOR SHEAR WALL REQUIREMENTS G YES �NO Q) UMENTS NO. INDICT.TE REASONI : , PACT PROTECTION ECPION SPECIFIED YES (MUST BE INDICATED oN P =_KNIT D FOr ALL N RESIDENTIAUCOMMERGIAL BUILDINGS. ALTERATIONS. AND RENO: A i�NSI :741;nssed by my seat. I hereby certify that the above information is true--- careci to .'.%e best 01 MY knov-iedge and belief. t,ColtA�2D �• iy>,I�A .fin P• ALUNG M's) 2- It-Swu :US T RALw+ AV T PAuA S T•.1°!. FL 33-06 HE -(Sill 237.5100 AX 213-37 =3 � � J FORM= 100 PSO.OSS -- • 1 (P F • 00.'4.Al R£V13ED 4/99 \ FILE No .177 05/02 '01 13:29 , I D: URBA! DESIGN 51 w 1 u r we : bbl R$390551 FHbt i i C MEMORANDUM TO: Kara Irwin City Planner FROM: Marty R.A. Minor /jy7w Project Planner DATE: May 2, 2001 Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics RE: WAIVER JUSTIFICATION FOR MORE THAN 5% OF THE TOTAL PARKING REQUIREMENT Pursuant to your request, below is the subject waiver justification. Section 190. Covered Parkins Structures - Waiver from 5% of total p$rkine requirement limitatiap — On June 18, 1998, the Palm Beach Gardens' City Council approved Resolution 46, 1999, which granted approval for a 69,208 square foot office building on Lot 1 l and a portion of Lot 10 of the South Park Center Plat of the Northeorp PCD. On October 5, 2000, the City Council adopted Resolution 76, 2000 which granted the approval of 115 new parking spaces on the remainder of Lot 10 and the covered parking for 12 spaces. This request is for the construction of covered parking for 28 additional parking spaces - for a total of 40 covered parking spaces. The covered parking structure will be identical in design, material and colors as the previously - approved covered parking structure. The additional number of covered spaces provide an attractive amenity for employers to establish or relocate their businesses in Palm Reach Gardens. Covered parking spaces are now an expected and desired amenity in today's office market. The total 40 covered parking spaces will be 17% of the total required 231 parking spaces. Please note the covered parking spaces will be 11% of the 363 parking spaces provided. The new covered parking spaces will be located behind the existing building and on the northern side of the building adjacent to an existing covered parking structure. Because of these locations, there will be no adverse impacts, if any impact at all, to the East Park Drive streetscape. Thank you for your assistance on this matter. Please feel free to contact me should you have any questions. ,.! City of P.B. Gardens HAY 2000 Palm Beach Lakes Boulevard f:� uR�wiN Suite 600 The Concourse vJ MANAGEMENT DEPARTMENT West Palm Beach, Florida 35409 -6582 � 561.689.0066 S61.689. 1W Irvine, CA 1 0 Inner- Office Memorandum To: Kara Irwin, Growth Ma agen'�ent Department From: Lieutenant Jay Spence fficer E. Lovejoy Ref NorthCorp PCD - Lots #10 & # 11 Date: 04/25/01 Conditions: 1) Lighting locations should not conflict with landscaping (to include long term tree canopy growth). 2) Covered parking should be designed in such a way to provide complete open view. Petitioner should visit Mira Flores for a good example. 3) Install lighting for all covered parking. 4) Metal Halide lighting should be used for street lighting. • .., . wLwvvWl rr-t7L 1/ c May 14, 2001 City of P.B. Gardens MAY _4 2001 4 QvrY I H MS. Kara Irwin OEPARTMEN�T Urban Design City Planner ` Urban Planning Growth Management Department Land Planning City f Palm Beach Gardens Landscape Architecture tY Communication Graphics 10500 N. Military Trail Palm Beach Gardens, FL 3 34 10 RE: RESPONSE TO CITY POLICE COMMENTS REGARDING NORTHCORP PCD LOT 10 /11 COVERED PARKING APPLICATION UDS REF.: #99 -15354 Dear Ms. Irwin: In response to the comments in Lieutenant Jay Spencer's April 25, 2001 memorandum to you, we offer the following responses. For your convenience, I have duplicated his comments in bold and our responses follow in italics. LT. JAY SPENCER AND OFFICER E. LOVEJOY'S MEMO - 4/24/01 1. Lighting locations should not conflict with landscaping (to include long term tree canopy growth). We have designed the covered parking structures and identified locations for them in order to not conflict with any of the existing landscaping. 2. Covered parking should be designed in inch a way to provide complete open view. Petitioner should visit Mira Flores for a good example. The proposed covered parking is identical to the existing covered parking structures on the site. The existing and proposed covered parking structures provide far an open view through the structure. 3. Install lighting for all covered parldng. Lighting will be provided underneath all of the covered parking. A photometric plan has been previously -subm' itted for the City's reviem -. We would request a condition of CyCOMM0NUob044or&Carp%a101 1%Cc4are0arkkWtie MRagLW1401.wpd L as 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 334119 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.469.8131 ME—:— C I •li_ IR/.[_�/�J VV� l�f VL 1V •Vl 1L •VI WI'll\ LLV •�.w\ VIVL IV I flll•VViWVVVVI approval which would require the photometric plan to be signed and sealed by an engineer prior to final approval. 4. Metal halide lighting should be used for street lighting. Street light and parking lot lighting, %r this site already exists. Metal halide was used for these lights and is proposed to be part of the covered parking lighting. Should you have any questions, please feel free to contact me. Sincerely, URBAN DESIGN STUDIO Many R.A. Minor, AiCP Project Planner c: lames Griffin G:=W0NVabM *C.aW4. x1011 %C-- AP- VmV.isWRap.OS1 /01.wpd LCC35 c > if F+ f �. �r,, }}r:.ir • -j; ('I�`'h [G7 t;", sue— -s w r t {(1 �' • R Y•!i, J"14 :.!7', `ppr'3r1^.SrS dk , t Yf f t.. S / !I .. t.'(_ i s1.Suf YA 1� •• • 11 1 ♦ .• iN' }'14,.�+ti`� S1 \�- ` C of, ?� �7s� i �� ..r i �. � ♦• t! p f It +� -•'' 11 �} t �}t•�n -! � t! � r1' .. ♦ a rc .• ; +j i\ } 1 `� S� YC A !•1 4 «\ • i r }0 , M'r�Mk 4 i S ,' �'f�'ti 4 � ";t+k � �.• ♦�� � }�aae+ir��'.7r} y< y�l.��1. �: r! { a, �^� ; ; ; .�•S ' [ Ls :i•0.�� }}ci`.q � I I� = 7 •r •f r2 '. a•Tr Y r r 1 t �\ 4 IM i Y, �• �°` ,• �.fi�s f�+1 t K r, tr tt+S✓ fsl 4 it .'+St, 1 +'•rrf. {�Ita•' ,tYr +h k{y +i t n•� A rW t} . 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A)VER.ED PARKING ADDITION Ti 3d \lr L t�•i w•.W A �" kl fit { Q4 Mr.,• a r ilr ca cirri. s c.• ' bks.x '4'lrch 9. 2001 'jj .! p�j? � • y.. jii �E4if. ^ � ' t (j��7pr^, `. ,j'�!ir� %.1 1. •.._ . •. :`tZ ':r tll: d' • �r' i.' �_.'.1:� '� {te �Cwn -T�- >•1�.�•fM %,'L1'•.j �•'� ~ %r i e� tl h a L l .m Fri i13 f� I � y 111 9 o � a i � +� 1 Fn co I� 310 Ai n £ 4600 EAST PARK DRIVE LOT Tt AIA AP'ORTM OF LOT w SOUTH PARK ENTER 1 PPALUM NO.GNMENS RAPoOA SIT42RQ g dill if 11AA Jill I 11m lit m n e I kip IA P� I' e D. WILLIAM BEEBE E E ARCHITECT «nnHw,uvayRan. MIDEMIAL CONSTRUCTION CORP.! i I EI e� tl h a L l .m Fri i13 f� I � y 111 9 o � a i � +� 1 Fn co I� 310 Ai n £ 4600 EAST PARK DRIVE LOT Tt AIA AP'ORTM OF LOT w SOUTH PARK ENTER 1 PPALUM NO.GNMENS RAPoOA SIT42RQ g dill if 11AA Jill I 11m lit m n e I kip IA P� I' e D. WILLIAM BEEBE E E ARCHITECT «nnHw,uvayRan. MIDEMIAL CONSTRUCTION CORP.! i • • • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: June 6, 2001 Meeting Date: June 21, 2001 Subject/Agenda Item: Resolution 99, 2001 - Regional Center Parcels 27.09, 27.13 and Water Management Tract 3 -B -Plat Recommendation /Motion: There are no engineering concerns with this plat, therefore we recommend its approval. Reviewed by: Originating Dept.: Costs: $ 0 Council Action: (Total) City Attorney Growth Management [ ] Approved $ 0 [ ] Approved w/ Finance r� � Current FY conditions [ ] Denied ACM Funding Source: [ ]Continued to: Advertised: Attachments: Other [ ] Operating [X ] Not Required [ ] Other Lmiffed by can C. DG onahue, P.E. Assistant City Engineer Affected parties [ ] Notified Budget Acct. #: [ ] None Approved by: . —e-�J City Manager [X] Not required BACKGROUND: See attached memorandum �o RESOLUTION NO. 99, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING THE REGIONAL CENTER PARCELS 27.09, 27.13 AND WATER MANAGEMENT TRACT 3 -13 PLAT AND, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City engineer has reviewed the Regional Center Parcels 27.09, 27.13 and Water Management Tract 3 -B 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 Regional Center Parcels 27.09, 27.13 and Water Management Tract 3 -13 Plat consisting of three (3) sheets dated May 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 - • Fj Resolution 99, 2001 Page 2 of 2 VOTE: Mayor Russo Vice Mayor Jablin Councilwoman Furtado Councilman Clark Councilman Sabatello • • AYE NAY ABSENT INC. CONSULTING CIVIL ENGINEERS, SURVEYORS & MAPPERS CIVIL. AGRICULTURAL WATER RESOURCES WATER & WASTEWATER TRANSPORTATION SURVEY & MAPPING GIS "Partners For Results Value By Design" 0 S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fax (561) 286 -3925 www.lbfh.com MEMORANDUM TO: Carol Gold FROM: ' , Sean C. Donahue, P.E. DATE: June 6, 2001 FILE NO. 00 -4159 SUBJECT: Regional Center - Parcels 27.09/27.13 Attached please find the final plat for the referenced project prepared by Lidberg Land Surveying, Inc. We have reviewed the plat for technical 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/ PAPR0JECTS\PBGMEM0\4159\4159n C, • 9 a5gg'i� 9 I D""�- pppgp�ge� "- ral >_ - � R� Gt_- ��97, dg � agad :1� y 3 v� ge e� 8 S Nix G A _ 8 !%a a < .. gaRR � yRE - FAQ R i m 11R I. -. a.. AG A A gg Z • . . 6 i RP 3R A.LY 44 5 S�EPPPWCill 06666 R �a Qa_Gatpqq aal �R r • ~GggF2F2 F • I.r.6II:6 �. _.$_ .e Gt RB�e R. A H 11: 1 U MIT 11. 6� I . �A R 5 0 ag g GR R T " vR O - a YR' A$ a z0 --I MO ax F 3 p! O A l ~�E9 � j "?:;g C Fa iRp m 151 I.-BIP _1 A.- m ._g gY�Y O 3 O IM5�a�sQ^ z = a�� .�' Z aa' -R m I vat "F�a a ' U.5 14 d ^= RM ax -p g aei eQa a €5 $Ur.g -!. gaa�`! i a ^ "aaF_ = :� Ram* aF Avg 6g te s & Maa X9 Ild-F [; m ERG 3g'sAa ■ ^ 4 < a� R: Ra _ a $� m�� as q F� _ Ea F >a €4 ii as 9=8 i:R .a: 1a1 8 �<. O a BE Mf - Z � E =Be Z ���BA � ^ C- G R g D f F� O 0 �� °$" 6av M ?sag " aR s a0c o 3 - ^a G I Eg VIA ` aaR ii y 6 � no r.'O `0 ON iw �R� E5 �ka pQ AX p£ v a 'z $T= P z �a 0": o1; M; z. A �4 p �Fr � Ba .9 C L M O n M T CJ D _-1 O z > pl m i vv p i ka n ' D O� ZI m �IC/) v2 O C -nm > >Z r KID —�O >� mrn `a'- �Z O o = Z 0 �i O Z °I � > �p Z C) NI N rn.M yM f"a O g _ "' MM MMpZr m �yc —It!) O w0 0 > �~ I G) C >Q Zim -+ 0 co m w r rn O!> o --' W �1 D �CO • LI • `IIo r ;gym i G) vz I =v 3 3 FT Ell RpF�b� S' 4114 lilt f su�rm �a.•sae. ` 'J� �� �aaR 111! • _ ra oa.�r'O":iia�a u wr. a >0 C) CO Z C7 0 nm �� D Z r r cn o >w�Mrn ADO Z o =.Z M MoZ� m z Z C, cn -=rn.M -V -u � D o r Z E M M moo �c' Z r m -� D c° —1 Cl) = r OOiZ My C �Q 0 < N � C� y D°r wW 75 • • V a{ 8 N f v W m r D Z D m �aD r t vj .0 a LtAR.XlrdY s� n m zoQ O�m �s \> _ r C') A a >mC-) ' " m D N ni o=Z�� O Z 0 m >M >lo Zm W�.,.� .��• o• mid I D .� r = � _ D 0 nr. a,, Cl) SIN m M m Zr rn W• -{ y!c '-q Cl) rNa w (7 ° -1 N �$ �~ wOz a G) imow < 4, w N m �wy -' "r� *mx D W W , a s R4 x 8 , IX. PUBLIC HEARINGS: a. Ordinance 19, 2001 - Parcel 34.01 Congress Plaza West Land Use Change (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately five acres of land located at the southwest corner of Northlake Boulevard and Congress Avenue, from Industrial to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) • 0 IX. PUBLIC HEARINGS: b. Ordinance 20, 2001 - Parcels 31.08 and 31.11 Land Use Plan Amendment (First Reading). Consideration of amending the 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. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) • • 0 IX. PUBLIC HEARINGS: C. Ordinance 21, 2001 - Spalding 27 —acre Golf Facility — PDA/RR -10 to PUD /M -1 (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately 27.5 acres of land, located along Beeline Highway, from Rural Residential -10 to Golf and amending the Golf Land -Use Designation to allow for golf testing facilities and other golf related uses with up to 15,000 square feet of building area; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) • • IX. PUBLIC HEARINGS: d. Ordinance 22, 2001 - Parcel 4.10 Future Land Use Plan Amendment — 13 acres, MXD to C (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately 13.5 acres of land, located at the southwest corner of Donald Ross Road and Central Boulevard, from Mixed Use to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) • 0 IX. PUBLIC HEARINGS: e. Ordinance 23, 2001 - Parcel 31.01 Text Amendments (First Reading). Consideration of 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. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) IX. PUBLIC HEARINGS: f. Ordinance 24, 2001 - Conceptual Thoroughfare Plan Amendment at Parcel 4.06 (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by deleting Roadway #15 and #12 from the Conceptual Thoroughfare Plan between Alternate AlA and Military Trail; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) • • CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: June 21, 2001 Date Prepared: June 7, 2001 SUBJECT /AGENDA ITEM TXT -01 -02— Excavation and Fill Public Hearing & First Reading of Ordinance 25, 2001: A City initiated request to amend Section 93 0) (66) b 1, entitled "Operations allowed ", to allow excavation and fill operations as an independent development order. RECOMMENDATION Staff recommends approval of the request. Reviewed by: Originating Dept.: FINANCE: NA Land Development Principal Planner Growth Management: Regulations Karen Craver, AIC Costs• $ Committee Action: Project L /j Total [ X ] Approved App. City Attorney Manager [ ] w/ conditions Mark Hendrickson $ [ ] Denied Finance NA Current FY [ ] Rec. approval Human Res. NA [ ] Rec. app. w/ conds. Funding Source: Rec. Denial. [ ] [ ] Operating [ j Continued to: Submitted by: Advertised: Attachments: Growth t� Date: May 7, 2001 [ ] Other NA • Copy of Article IV, Manage /,,,,,, �/ Section 93 0) (66) Director Paper: PB Post . Ordinance 25, Charles K Wu, AICP 2001 [ ] Not Required Budget Acct. #: [ ] None Approved by: City Manager NA Affected parties: -L-4-Notified [ x ] Not Required REQUEST Petition TXT -01 -02 is a City initiated request to amend the Land Development Regulations to provide a revision to Article IV, Section 93 0) (66) b 1, entitled' "Excavation and Fill, and City Council Meeting Date: June 21, 2001 Date Prepared: June 7, 2001 Petition TXT -01 -02 Borrow Pit Operations" and subtitled "Operations allowed," to allow excavation and fill operations as an independent development order. BACKGROUND The Dvosta Company was previously approved for `The Isles" Planned Unit Development, which included 58 acres of lakes. Constructing the drainage system for `The Isles" as soon as possible will help alleviate drainage problems in other areas of the City as well. There may be several vacant properties located in close proximity to "The Isles" project site that will require future grade changes and could utilize the fill that will be excavated; however, some of the vacant sites have not received any development order approvals. Currently, a development application would need to be acquired prior to stockpiling fill on a site, even if fill or excavation were the only activity proposed, because independent development orders specifically for excavation and fill operations are now prohibited. _ PROCEDURE The Land Development Regulations Committee (LDRC) reviews the text change and provides comments and recommendations to City Council. The City Council considers the recommendations of the LDR Committee and makes a final determination of approval or denial. Public hearings are required. DISCUSSION Article IV, Section 93 (j) (66) b 1, subtitled "Operations allowed," requires excavation and fill operations to be part of a development order issued in accordance with Article III, Division 1, or more typically, a site plan. This text amendment eliminates the following language "but not as an independent development order only for excavation and fill operations." This would allow petitions specifically for excavation and /or fill. Applicants will need to demonstrate as part of their petition that the excavation and /or fill operation will not violate the code policy stated in Section 93 6) (66) a, entitled "Policy." This protects property and residents by providing a site plan to address potential nuisances and dangers, such as unsightly earthen mounds and irregular holes in the ground. If a petition meets or exceeds all code criteria and conditions of approval that may be placed on an operation of this nature, City staff's position is that the text amendment could be helpful to reduce truck traffic on the roads and to expedite drainage improvements. Lands receiving fill or requesting excavation and fill as an independent development order will require a conditional use in Planned Development Areas (PDA). Conditional uses require public hearings, therefore City staff believes surrounding property owners are protected and has input to these types of operations. 2 City Council Meeting Date: June 21, 2001 Date Prepared: June 7, 2001 Petition TXT -01 -02 PROPOSED TEXT CHANGE [The bold and strike - through indicates deleted language.] (66) b. Operations allowed. Excavation and fill operations and borrow pit operations may be allowed as provided below. 1.Excavation and fill operations may be allowed upon approval by the City Council as part of a development order issued in accordance with Division I of Article III NBUt notPeFat r�e+t .mac. .ten tnde�nnnde�nt ds�ee�le�mm�nt e{re�e�� e{nhe �w� e.ve{�f.e�{t:e{n and -011 -- --�e �a�n an- -r-- -- MVO ■ {- MV�V�Vre......{ V�MV■ -V���' •V� VAVM �M{�V�■ {.M -■ G 7GRG. LAND DEVELOPMENT REGULATIONS COMMITTEE On April 24, 2001, the Land Development Regulations Committee reviewed this text amendment, and on May 22, 2001, recommended approval of the proposed text amendment ( 7 -0 ). GROWTH MANAGEMENT RECOMMENDATION Staff recommends APPROVAL of text amendment petition TXT -01 -02 to allow excavation and fill operations as an independent development order. 1\FILE G:ShorVrXT- 01 -02.doc 3 0 Article N Zoning Districts Sec. 93. Permitted uses, Conditional, and Prohibited Uses prior to the expiration of such insurance, a renewed certificate of insurance evidencing equal and like coverage for the balance of the period. rr. Penalties. A violation of any provision of these requirements shall be subject to enforcement as provided in chapter 2 of the city's code or as otherwise provided within this chapter. (65) Agriculture. Agriculture does not include the following: commercial feed lots, raising or sale of fur - bearing animals, riding academies, livery or boarding stables, or dog kennels. (66) Excavation and Fill, and Borrow Pit Operations. Excavation and Fill, and Borrow Pit Operations shall comply with the standards provided below. a. Policy. It is the policy of the city to protect the property and residents of the city from the dangers and public nuisances created by improperly planned, poorly executed, or inadequately supervised mining operations, excavation and fill operations, and borrow pit operations, including the following: 1. irregular holes in the land which are unsightly and collect water that becomes or may become stagnant and contributes to the breeding of mosquitoes; 2. uncovered mounds of excavated earth which are unsightly and contribute to the erosion of surrounding land, hasten the sedimentation of drainage canals and facilities, and produce windblown irritants and contamination; 3. artificial lakes, drainage ditches, and canals which have been created or excavated without the proper planning, design, or supervision needed to avoid overburdening existing public drainage canals and/or drainage facilities, thereby creating flooding and unsanitary conditions in various parts of the city; and 4. land left in unsightly condition which makes it impossible or difficult to develop for any other useful purpose or makes it impossible or difficult for the city to plan and provide for proper and sufficient overall public drainage through its public drainage canals and other public drainage facilities. Ordinances and resolutions hereafter adopted by the city concerning excavation and fill operations and borrow pit operations shall be consistent with the preservation of those lands now being used for residential, business, and recreational purposes and with fostering the creation of new, suitable, and desirable locations to be used for residential business, and recreational purposes. b. Operations allowed. Excavation and fill operations and borrow pit operations may be allowed as provided below. 1. Excavation and fill operations may be allowed upon approval by the city council as part of a development order issued in accordance with division I of article III, but not as an independent development order only for excavation and fill operations. calm Beach Gardens/land Development Regulations Adopted July 20, 2000 Article IV. Zoning Districts Sec. 93. Permitted uses, Conditional, and Prohibited Uses 2. Borrow pit operations may be allowed upon application to the city and approval by the city council as a conditional use, in accordance with the provisions of division I of article III of this chapter. C. Permits, plans and specifications, surety, and permit fees for excavation and fill operations. Excavation and fill operations may be allowed, subject to the requirements listed below. I . Before excavation and fill operations are commenced and after the overall development order has been approved by the city council, the owner, lessee, or authorized agent of the property owner or lessee of the affected property shall obtain a permit from the city, as well as any and all other applicable county, district, state, or federal permits. 2. The plans and specifications of the proposed excavation and fill operations, showing the manner in which the land will be left after the excavation and fill operations are completed shall include all dimensions of every lake, drainage canal, or drainage ditch created, including minimum slope dimensions required herein, together with all necessary information concerning where and how such waterways shall be connected to the existing public drainage facilities, if applicable. All such plans and specifications shall be submitted by the applicant to the city prior to the commencement of any excavation and fill operations. The plans and specifications shall be prepared by an engineer registered and licensed in the State of Florida. 3. All fill material from approved excavation and fill operations shall remain on the subject property, provided that removal of any fill material may be permitted as an accessory use specified in the development order approved by the city council. As an accessory use, fill material created by excavation may be removed from the subject property and relocated to another site. 4. Upon approval of the plans and specifications for excavation and fill operations, the applicant, before receiving a permit to commence the operations, shall provide surety in the form of a completion bond or irrevocable letter of credit to the city in an amount and in such for as is acceptable to the city. The surety shall secure and guarantee the carrying out of the approved plans and specifications. 5. The applicant shall pay such excavation and fill permit fees as may be established by the city. Anyone receiving the fill material shall be responsible for the payment of the permit feW to the city with the excavation site designated in the permit application is not located in the city; otherwise the excavator identified in the fill permit application shall be responsible for payment of the fees. 6. Prior to any permit being granted for excavation and fill operations, the applicant shall provide a letter to the city certifying the applicant's familiarity and intent to comply specifically with the regulations and standards found in Palm Oeach GardensAand Development 156 Adopted July Article IV. Zoning Districts Sec. 93. Permitted uses, Conditional, and Prohibited Uses divisions IV and VII of article V regarding environmental preservation, . landscaping, and vegetation protection. 7. Upon completion of an excavation and fill operation, an engineer registered in the State of Florida shall provide the city with a certified plan indicating the work has been performed in accordance with the approved plans. 8. Canal maintenance shall not be considered excavation and fill, and permits are not required. d. Permits, plans and specifications, surety, and permit fees for borrow pit operations. Borrow pit operations may be allowed, subject to the requirements listed below. 1. Before borrow pit operations begin, the owner, the lessee, or an authorized agent of the owner or lessee of the affected property shall obtain approval and a permit for a conditional use, as well as all applicable counties, water management districts, state, or federal permits. 2. The plans and specifications of the proposed borrow pit operations shall meet the same requirements as set forth in this subsection for excavation and fill operations. The plans and specifications shall be prepared by an engineer registered and licensed in the State of Florida. 3. The applicant shall pay such borrow pit permit fees to develop a borrowed pit as may be established by the city. . 4. Prior to any permit being granted for excavation and fill operations, the applicant shall provide a letter to the city certifying the applicant's familiarity and intent to comply specifically with the regulations and standards found in divisions IV and VII of article V, regarding environmental preservation, landscaping, and vegetation protection. 5. The grading and construction of slopes in a borrowed pit shall comply with the minimum standards adopted by the South Florida Water Management District. Grades and slopes shall be constructed in such a manner as to minimize soil erosion and to make the land surface suitable for revegetation. The slopes shall be adequately vegetating with appropriate ground cover from the top of a back to edge of water within 30 days of final grading and thereafter maintain to prevent wind and water erosion. 6. Upon completion of a borrowed pit operation, an engineer registered in the State of Florida shall provide the city with a certified plan indicating the work has been performed in accordance with the approved plans. 7. A borrowed pit which was lawfully in use prior to the effective date of this section may continue to be used, provided that any enlargements of such borrow pits shall require a permit from the city and shall be subject to the standards and regulations in effect at the time the enlargement is proposed. e. Mining operations prohibited. Mining operations shall not be permitted or . commenced on any lands within the city, unless approved by a development order Palm Beach Gardens/Land Development Regulations Adopted July 20, 2000 • Ordinance 25, 2001 Prepared On: June 8, 2001 ORDINANCE 25, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ARTICLE IV, "ZONING DISTRICTS," OF THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF PALM BEACH GARDENS BY AMENDING SECTION 93, "PERMITTED USES, CONDITIONAL, AND PROHIBITED USES," SUBSECTION (j)(66), "EXCAVATION AND FILL, AND BORROW PIT OPERATIONS" TO ALLOW EXCAVATION AND FILL OPERATIONS AS AN INDEPENDENT DEVELOPMENT ORDER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens has initiated a request to amend the Land Development Regulations in accordance with section 166.041, Florida Statutes; and WHEREAS, the subject amendment is internally consistent with the City's Comprehensive Plan; and 0 WHEREAS, the subject amendment is consistent with Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, on May 22, 2001, the Land Development Regulations Committee, as the duly constituted Local Planning Agency for the City, recommended approval of the subject amendment to the Land Development Regulations of the City; and WHEREAS, the City Council acknowledges that this amendment is subject to the provisions of Sections 163.3184(9) and 163.3189, Florida Statutes, and that the City shall maintain compliance with all provisions thereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1. Article IV, entitled "Zoning Districts," of the Land Development Regulations of the City of Palm Beach Gardens, Florida, Section 93, entitled "Permitted uses, Conditional, and Prohibited Uses,° Subsection (j )(66), entitled "Excavation and Fill, and Borrow Pit Operations" is hereby amended to read as follows, where text to be deleted. is struck through: (66) Excavation and Fill, and Borrow Pit Operations. Excavation and Fill, and Borrow Pit Operations shall. comply with the standards provided below. 1 7-� Ordinance 25, 2001 Prepared On: June 8, 2001 b. Operations allowed. Excavation and fill operations and borrow pit operations may be allowed as provided below. 1. Excavation and fill operations may be allowed upon approval by the City Council as part of a development order issued in accordance with Division I of Article II! but ^ ^+ °° .,^ .+^., ^l^ ^n+ ^Mr r but not awv ...........r........... ...,......r....,....,...... Only f ^r ^ ,wn ^j.n +i ^n n^rl fill SECTION 2. The City Clerk is hereby directed to ensure that this ordinance is codified in the City's Land Development Regulations. SECTION 3. If any section, paragraph, sentence, clause, phrase, or word of this ordinance is for any reason held by the court to be unconstitutional, inoperative or void, such holding shall not affect the remainder of the ordinance. SECTION 4. All ordinances or parts of ordinances previously adopted which are in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 5. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS THE DAY OF 2001. PLACED ON SECOND READING THIS THE DAY OF 2001. PASSED AND ADOPTED THIS THE DAY OF 2001. MAYOR JOSEPH R. RUSSO COUNCILMAN DAVID CLARK • VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO COUNCILMAN CARL SABATELLO 2 • ATTEST BY: CAROL GOLD, MMC CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO COUNCILWOMAN FURTADO A:mark/TXT- 01 -02.or • Ordinance 25, 2001 Prepared On: June 8, 2001 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY AYE NAY ABSENT 3 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: Meeting Date: • • 06/08/01 06/21/01 Subject/Agenda Item Resolution 100, 2001, electing to levy an additional .12% for the Local Communications Tax in lieu of charging for permit fees. Recommendation /Motion: Consider a motion to approve Resolution 100, 2001. Reviewed by: City Attorn Originating Dept.: Finance Costs: $ (Total) Council Action: [ ] Approved $ [ ] Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Other Date: [ ] Operating Attachments: Paper: [ ] Not Required [ X ] Other Memorandum Submitted by: Kent R. Olson D1 Finance Director Affected parties [ ] Notified Budget Acct. #: [ ]None Approved y: City Manager [ X ] Not required BACKGROUND: See attached memorandum. • • tom-. CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: June 8, 2001 FROM: Kent R. Olson, Finance DirectorK�� SUBJECT: Resolution 100, 2001 — Communications Tax Election to not charge a permit fee BACKGROUND Last year, the State of Florida adopted legislation that would provide for a "simplified tax" on all communications. This tax would replace franchise fees on cable TV and local telephone service providers as well as the existing public service (utility) tax on all providers of telephonic services (local, long- distance and cellular service). In the legislative session just completed, SB 1878 was passed, providing for a choice the City must make regarding the collection of permit fees for right -of -way access by early July and provide notice of this decision to the Department of Revenue no later than July 16, 2001. DISCUSSION Resolution 100, 2001 provides that the City will not collect permit fees from providers of communications services and instead will increase its permissible Local Communications Tax rate by. 12%. If the City were to choose to collect permits, the City is limited to collecting no more than $100 per permit. Thus, to collect a permit fee will generate minimal revenue and increase the administrative burden to both the City and providers. If the City chooses not to collect a permit fee, it does not prevent us from regulating our rights -of -way through permits, registrations or other regulations; it only prevents us from collecting a minimal fee. These facts are leading most cities to choose adding the .12% to the Local Communications Tax rate and to forgo the collection of permit fees to utilize the City's rights -of -way RECOMMENDATION Staff recommends approval of Resolution 100, 2001, electing not to require and collect permit fees and electing to increase the Local Communications Tax by. 12%. 0 RESOLUTION 100, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RELATING TO THE COLLECTION OF PERMIT FEES FROM PROVIDERS OF COMMUNICATIONS SERVICES AND THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR ELECTION NOT TO REQUIRE AND COLLECT PERMIT FEES; PROVIDING FOR ELECTION TO INCREASE LOCAL COMMUNICATIONS SERVICES TAX; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, section 337.401(3)(c)1, Florida Statutes, as amended by Enrolled CS /CS /SB 1878, requires each municipality to make an election regarding the payment of permit fees by providers of communications services and further requires each municipality to inform the Department of Revenue of the election by certified mail by July 16, 2001 for rate increases effective October 1, 2001; and WHEREAS, a municipality requiring and collecting permit fees from any • providers of communications services that use or occupy municipal roads or rights -of- way will have an automatic reduction in the rate of the local communications services tax for the municipality, as computed under section 202.20(1) & (2), Florida Statutes, as amended, by a rate of 0.12 %; and WHEREAS, for municipalities not requiring and collecting permit fees, the total rate for the local'communications services tax, as computed under section 202.20(1) & (2), Florida Statutes, as amended, may be increased by an amount not to exceed a rate of 0.12 %; and WHEREAS, the City Council deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to elect to increase the total rate of its local communications services tax in lieu of requiring or collecting permit fees from providers of communications services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA as follows: Section 1. The foregoing recitals are hereby ratified and incorporated herein. Section 2. It is the intent of the City Council of the City of Palm Beach Gardens to make an election pursuant to section 337.401(3)(c)1, Florida Statutes, as amended by Enrolled CS /CS /SB 1878, regarding the City's decision on whether to require and collect permit fees from any providers of communications services that use or occupy municipal roads or rights -of -way for the provisions of communications services. Section 3. The City of Palm Beach Gardens elects not to require and collect permit fees from any provider of communications services that uses or occupies municipal roads or rights -of -way for the provisions of communications services. In accordance with section 337.401(3)(c)1, Florida Statutes, this election shall take effect October 1, 2001. Section 4. Pursuant to section 337.401(3)(c)1.b, Florida Statutes, the City of Palm Beach Gardens elects to increase its total rate for the local communications services tax as computed under section 202.20(1) & (2), Florida Statutes, as amended by Enrolled CS /CS /SB 1878, by an amount of 0.12 %, and this election shall take effect October 1, 2001. Section 5. The City Clerk is hereby directed to provide the Florida Department of Revenue with a certified copy of this Resolution via certified mail by July 16, 2001 in accordance with state law. Section 6. If any section, sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, which shall remain in full force and effect. Section 7. All Resolutions or parts of Resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 8. This Resolution shall become effective immediately upon adoption. INTRODUCED, PASSED AND ADOPTED this 15th day of March, 2001. ATTEST: CAROL GOLD, CMC, CITY CLERK • MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY 2 • • • VOTE: AYE MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO NAY ABSENT • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Date: 06/08/01 Meeting Date: 06/21/01 Subject/Agenda Item Resolution 101, 2001, electing to set the Local Communications Tax rate at 1.6% for fiscal year 2002 and at 1.5% for fiscal year 2003 and thereafter. Recommendation /Motion: Consider a motion to approve Resolution 101, 2001. Reviewed by: Originating Dept.: Costs: $ Council Action: (Total) City Attorney Finance [ l Approved $ [ J Approved w/ Finance Current FY conditions [ ] Denied ACM Advertised: Funding Source: [ ] Continued to: Attachments: Other Date: [ J Operating Paper: [ ] Not Required [ X ] Other Memorandum Submitted by: Kent R. Olson KRt) Finance Director Affected parties [ ] Notified Budget Acct. #: [ ] None Approved y: City Manager [ X ] Not required BACKGROUND: See attached memorandum. m • • CITY OF PALM BEACH GARDENS MEMORANDUM TO: Ronald M. Ferris, City Manager DATE: June 8, 2001 FROM: Kent R. Olson, Finance Director 1�,,6 SUBJECT: Resolution 101, 2001 — Local Communications Tax Rate BACKGROUND Last year, the State of Florida adopted legislation that would provide for a "simplified tax" on all telecommunications. This tax will replace franchise fees on cable TV (5 %) and local telephone service (1 %) providers as well as the existing public service (utility) tax on all providers of telephonic services (local, long - distance and cellular service). Even though the City does not charge a public service tax, the new simplified tax program will eliminate our franchise fees and will substitute it with this new, statewide Communications Tax which includes a Local Communications Tax component for which the City must set a rate for by early July. As part of this statewide tax, each municipality will have a Local Communications Tax that will be collected by the State and remitted to the municipality. The amount of the local communications tax is intended to replace the revenue from franchise fees and or public service taxes that the municipality is now receiving, plus growth. With the passage of SB 1878, the City must determine the appropriate rate for the conversion year (October 2001 through September 2002), which will entail only 11 payments and a permanent rate for the succeeding years (October 2002 and after). The City must decide on these rates by early July and provide notice of our decision to the Department of Revenue no later than July 16, 2001. DISCUSSION The State of Florida has calculated conversion rates for both next year (FY2002) and for the following years (FY2003 and beyond). For FY2002, including the .12% envisioned by Resolution 100, 2001, the State has projected the City's rate should be 1.2% (for an eleven month year); for FY2003 and beyond, the State Department of Revenue has calculated the rate at 1.1 %. If we use these rates and do not pass a resolution to modify them, the City will receive $58,000 less money next year than we project we will receive in the current fiscal year (FY2001). In order to provide the City next fiscal year with the same revenue plus growth as we expect to receive in the current fiscal year, we would need to set the rate for October 1, 2001 (FY2002) at 1.6% and the permanent rate starting in October 1, 2002 (FY2003) at 1.5 %. Both of these proposed rates included the additional .12% for the election not to collect permit fees as outlined in Resolution 100, 2001. The State has set a maximum rate of 5.2% and 5.1%, respectively, for FY2002 and FY2003, for the City of Palm Beach Gardens. The proposed rates of 1.6% and 1.5% are much less than these maximums. In addition, these rates are slightly higher than the current telephone franchise fee of 1% but much lower than the cable franchise fee of 5 %. RECOMMENDATION Staff recommends approval of Resolution 101, 2001, setting a rate of 1.6% for FY2002 and a rate of 1.5% for FY2003 and thereafter. • • MRESOLUTION 101, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, RELATING TO THE LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR INTENT; PROVIDING FOR AN INCREASED LOCAL COMMUNICATIONS SERVICES TAX RATE; PROVIDING FOR NOTICE TO THE DEPARTMENT OF REVENUE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; PROVIDING FOR AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. . WHEREAS, during the 2000 Regular Session, the Florida Legislature passed the "Communications Services Tax Simplification Law ", creating Chapter 202, Florida Statutes (2000); and WHEREAS, section 9 of Enrolled CS /CS /SB 1878, enacted by the 2001 Florida Legislature, amends section 202.19(2), Florida Statutes (2000), to provide that municipalities may impose a local communications services tax at a rate of up to 5.1 % for municipalities that have not chosen to levy permit fees, and at a rate of up to 4.98% for municipalities that have chosen to levy permit fees; and WHEREAS, section 12 of Enrolled CS /CS /SB 1878, enacted by the 2001 Florida Legislature, amends section 202.20(1)(a), Florida Statutes (2000), to set the local communications services tax conversion rates for the period of October 1, 2001, through September 30, 2002; and WHEREAS, section 12 of Enrolled CS /CS /SB 1878, enacted by the 2001 Florida Legislature, further amends section 202.20(1)(b), Florida Statutes (2000), to set the local communications services tax conversion rates beginning October 1, 2002; and WHEREAS, section 13 of Enrolled CS /CS /SB 1878, enacted by the 2001 Florida Legislature, provides that any municipality that has a local communications services tax conversion rate which is less than the maximum rate established under section 202.19, Florida Statutes, may by resolution or ordinance increase its rate up to the maximum rate; and WHEREAS, the City Council deems it to be in the best interests of the citizens and residents of the City of Palm Beach Gardens to elect to increase the total rate of its local communications services tax from providers of communications services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA as follows: Section 1. The foregoing recitals are hereby ratified and incorporated herein. Section 2. It is the intent of the City Council of the City of Palm Beach Gardens to increase its local communications services tax rates as provided in Section 13 of Enrolled CS /CS /SB 1878, with such increased rates to be effective October 1, 2001 and October 1, 2002, respectively. Section 3. Increased Local Communications Services Tax Rate. A. Rate for FY2002 The local communications services tax conversion rate established under section 202.20(1)(a), Florida Statutes, for the City of Palm Beach Gardens is 1.2% as determined under the provisions of section 12 of Enrolled CS /CS /SB 1878, which is less than the maximum rate of 5.2 %. The local communications services tax rate for the City of Palm Beach Gardens is increased to 1.6% during the period beginning on October 1, 2001, and ending September 30, 2002. As provided in section 13, Enrolled CS /CS /SB 1878, this increased rate is to be effective October 1, 2001. B. Rate for Subsequent Years The local communications services tax conversion rate established under section 202.20(1)(b), Florida Statutes, for the City of Palm Beach Gardens is 1.1% as determined under the provisions of section 12 of Enrolled CS /CS /SB 1878, which is less than the maximum rate of 5.1%. The local communications services tax rate for the City of Palm Beach Gardens is increased to 1.5 %, effective October 1, 2002. Section 4. Pursuant to section 337.401(3)(c)1.b, Florida Statutes, the City of Palm Beach Gardens adopted Resolution 100, 2001, electing to increase its total rate for the local communications services tax as computed under section 202.20(1) & (2), Florida Statutes, as amended by Enrolled CS /CS /SB 1878, by an amount of 0.12 %, this election taking effect October 1, 2001. This .12% is included in the rates set forth in Section 3. Section 5. The City Clerk is hereby directed to provide the Florida Department of Revenue with a certified copy of this Resolution via certified mail by July 16, 2001 in accordance with state law. Section 6. If any section, sentence, clause or phrase of this Resolution shall, for any reason, be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Resolution, which shall remain in full force and effect. Section 7. All Resolutions or parts of Resolutions of the City of Palm Beach Gardens, Florida, which are in conflict with this Resolution are hereby repealed to the extent of such conflict. Section 8. This Resolution shall become effective immediately upon adoption. 2 1 INTRODUCED, PASSED AND ADOPTED this 21st day of June, 2001. ATTEST: CAROL GOLD, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO �J MAYOR JOSEPH R. RUSSO APPROVED AS TO LEGAL FORM AND SUFFICIENCY. WATTERSON, HYLAND & KLETT, P.A. CITY ATTORNEY AYE 3 NAY ABSENT • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 21, 2001 Date Prepared: June 11, 2001 SUBJECT /AGENDA ITEM: CONSIDERATION OF APPROVAL: Resolution 102, 2001 — an amendment to a Florida Department of Transportation "Maintenance Memorandum of Agreement" concerning the City's agreement to maintain PGA Boulevard's median landscaping between Fairchild Gardens Avenue and US 1. RECOMMENDATION: Staff recommends City Council accept the landscape plans as submitted, and approve the Resolution. Reviewed b - Originating Dept.: Costs: $ Council Action: / Total City Atto ey ZA Growth Mana ment [ ] Approved / Finance $ - [ ] Approved.,/ naim ACM NA Current FY [ ] Denied Human Res. NA Funding Source: NA [ ] Continued to: Advertised: Public Wo Date: [ ] Operating Attachments: Project Layout Map; Paper: [ X ] Not Required [ ] Other Landscape and irrigation plans; Amendment to FDOT- Memorandum of Agreement tted by: / ab Resolution 102, 2001 Management Director Affected parties otified Budget Acct. #:: NA [ ] None AppZ;a City r [ ] Not required HISTORY — The Florida Department of Transportation has planned a milling (resurface) project (Financial Project No. 229756- 1- 52 -01) for PGA Boulevard between Fairchild Gardens Avenue to Highway US 1 (S.R 5). It is FDOT's policy to examine the landscaping within roadways during said projects and modify landscaping, if necessary, to adhere to current roadway landscape installation standards. The existing PGA Boulevard landscaping and irrigation was established approximately twelve years ago by the developers of the Regional Center PCD and the Gardens Mall. The Regional Center's Property Owners Association maintains the landscaping and irrigation within PGA Boulevard from Victoria Gardens Avenue east to the terminus of the Regional Center's boundary near Parcel 27.06 currently under construction by Catalfumo. (Please refer to the attached project layout map.) The PGA Boulevard Flyover project affects all the existing road right -of -way up to FaiW City Council Meeting Date: June 21, 2001 Date Prepared: June 11, 2001 Page 2 Gardens Avenue. The milling project will affect the remaining medians. The existing landscaping will be changed to meet current FDOT criteria. Approximately 80 out of 110 trees and most of the Saw palmettos will be removed. FDOT is proposing a new landscape plan for those medians affected by the change and for medians east of the Gardens Mall that presently have no landscape. The installation will be at no cost to the City. FDOT opens bids for this project in October of this year and could begin within 90 days from that date. In order for FDOT to re- landscape PGA Boulevard, the City will need to sign an amendment to the Memorandum of Agreement, which is a maintenance contract. This is an amendment to the May 18, 2000 landscape maintenance agreement the City has already signed for the PGA Boulevard Flyover project. The City may accept any part of the proposed landscaping, but no new landscaping will occur without an agreement. STAFF COMMENTS City Forester Mark Hendrickson has been working with FDOT's Landscape Architect Robert Cotleur of Cotleur & Hearing and advised them that saving as many trees as possible on the bermed_median would be more preferred than starting over. The existing medians have a natural design with Oak and Pine tree canopy, Saw palmetto understory and Wax jasmine at the nose of the medians. The new design is much more open with fewer trees. Where the sight visibility will allow, the existing trees and palmetto will be removed. The proposed plant palette is Dwarf Crown of thorns, Dwarf muhly grass, Society Garlic, Dwarf Cocoplum and Dwarf Yaupon Holly. Some of these same plant species are used in the PGA Boulevard Flyover project. Some of the Oak trees will be available for relocation, but the current plan saves as many Oaks as possible. The City Forester has no problem with the proposed landscape plan. In addition to the medians in front of the Regional Center, this project would also landscape three other medians east of the Regional Center. The medians on either side of the Intra- coastal waterway bridge are presently grass only. The median south of Fathom Restaurant (approx. 246 feet in length) and the two medians south of PGA Marina (approx. 418 feet total length) have proposed Medjol palms and groundcover. This could be a significant beautification improvement at a City entrance. Presently, there is no agreement to maintain the PGA Boulevard medians, and there is no 2001/2002 fiscal year budget for this project. Attached for your review is the June 1, 2001 memorandum from Public Works Supervisor Jon Iles, which summarizes the estimated irrigation installation and maintenance cost for the three islands FDOT is willing to landscape near the Intra- coastal waterway. The water supply would be from Seacoast Utilities, if it is funded, otherwise the medians would be non - irrigated. Estimated irrigation cost is $45,900. Yearly maintenance is projected to be $13,116. If the City accepts maintenance, a line item for this project should be reflected in the 2001/2002 fiscal year budget. LJ City Council Meeting Date: June 21, 2001 Date Prepared: June 11, 2001 Page 2 OTHER COMMENTS City Forester Mark Hendrickson presented this project to the Beautification and Environmental (B &E) Committee at their May 3, 2001 meeting. The B &E Committee's recommendations are as follows: • Try to keep the plant palette similar to the recently approved PGA Boulevard Flyover project. • Make it a priority on keeping the Oaks trees rather than the Pine trees, if possible. • Approve the proposed landscape plan, including the medians not presently landscaped. STAFF RECOMMENDATION Staff is seeking direction on the following issues: • PGA Boulevard Landscape Plan approval; and • Amending the Memorandum of Agreement for landscape maintenance; • Increase the City's proposed FY 01/02 budget for three PGA Boulevard medians for irrigation and/or maintenance. Staff recommends 1) City Council accept the landscape plans as submitted; 2) approval of Resolution 102, 2001, which directs staff to process the amendment to the FDOT "Maintenance Memorandum of Agreement" of May 18, 2000; and 3) increase the proposed 2001/2002 fiscal year budget by at least $13,116 (maintenance only), but no more than $60,000 (maintenance and irrigation), to handle the estimated maintenance and/or irrigation cost associated with this project. Mark a/PGAPlans • O O Obi O O 0 :E < II 0 IV j" ro -11 -P 0— Q� >4 4J cr .E < i� Lij –i D co o CO < zL avow Sn"y 0 (U I avou NOSIIM • NOSO113 ir 0 CO I a. I- — — b IN 41 3nN3AV I lu SN30UY0 M3)f Sf1dWV0 jIJ 1� it F-I 1 b • Lu cc: w. 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N��' _U PO Z 0-J -NW Lj W ¢Z�L7 r°ararl-' 0 Lo C3015 r Z r O Z o a L J W O0 Lj w 1 U F �0.�1a0W L�(L J Jn: L � J - 4 7 ti < + \! \ 0 z O_' - WZ 0] J U O] w� > 0 I- 'D U Z J Q W L/1 U El "•'� �l'6S7`J loaf •SI °IY • • RESOLUTION 37, 2000 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BEAUTIFICATION AND MAINTENANCE OF THE INTERSECTION OF PGA BOULEVARD AND STATE ROAD 811; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to beautify and improve the highway right -of -way at PGA Boulevard and State Road 811 through the installation of landscaping; and WHEREAS, the Florida Department of Transportation will provide funding to install the landscaping provided that the City agrees to the maintenance of landscaping along the public right -of -way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute the District Four Highway Beautification and Maintenance Memorandum of Agreement for State Project 930001, PGA Boulevard and State Road 811, a copy of which is attached hereto as Exhibit "A." Section 2. This Resolution shall become effective immediately upon adoption. RESOLVED AND ADOPTED THIS 1$ DAY OF M Y, 20 J111E'1'H`k RUSSO ATTESTED BY: PROVED AS TO FORM AND LEGAL SUFFICIENCY: CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN i COUNCILMAN SABATELLO COUNCILWOMAN FURTADO COUNCILMAN CLARK / PACPWin\HIST0RY\000417A\43F.1 Dkstm(1501.000) T • L t 1 t yr • :�L,iv• u�.�� •, v� •........�... NiENIORANDUNI c: Ron Ferris Sheryl Stewart Mark Hendrickson FYI TO: Hoyt Owens. Public Works Director DATE: June 1, 2001 FROM: Jonathan Iles, Supervisor, Public Works Departmen / SUBJECT: PGA Blvd. Median Landscaping The following summarizes the estimated installation and maintenance costs for the three median islands under current consideration for landscaping and irrigation installation. The medians are the two west of the intercoastal bridge and the median island just east cf the bridge. For discussion purposes, the islands are numbered sequentially, beginning with the most western island, proceeding eastward. INSTALLATION ESTIMATES: Island #1 Island #2 Island #3 Directional Bore $1,680.00 S1,680.00 S11680.00 (60'@ 28.001ft.) Irrigation Installation $3,400.00 $3,400.00 53,400.00 (Commercially installed: materials & labor) Electrical Service $1,720.00 81,720.00 $1,720.00 (Hand hole, meter can, disconnect) Water Supply $8,500.00 $8,500.00 58,500.00 (Seacoast impact fee, tap charge, and meter installation charge) Permitting N /C N /C' N/C' Landscaping Installation TBD` TBD' TBD' Installation Totals $15,300.00 $15,300.00 $15,300.00 YEARLY MAINTENANCE ESTIMATES: Island #1 Electric $60.00 ($5.00 Monthly meter charge) Landscaping Maintenance $3800.00 ' (irrigation, fertilizer, weeding, and mowing). Water usage fee: $512.00 (Based on 18,000 gallons per month) Maintenance Totals $4,372.00 I No Chargc To Bc Detcrmincd Island #2 $60.00 $3800.00 $512.00 $4,372.00 FILE COPY Island #3 $60.00 $3800.00 S512.00 $4,372.00 p c�L��dC� PUBLIC W I DEPARTAMIM Resolution 102, 2001 Meeting Date: June 21, 2001 Date Prepared: June 11, 2001 0 RESOLUTION 102, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AMENDMENT TO MEMORANDUM OF AGREEMENT OF MAY 18, 2000 WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION FOR THE BEAUTIFICATION AND MAINTENANCE OF PGA BOULEVARD (S.R. 786); AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council desires to beautify and improve the highway right -of -way of PGA Boulevard through the installation of landscaping; and WHEREAS, the Florida Department of Transportation will provide funding to install the landscaping provided that the City agrees to the maintenance of landscaping along the public right -of -way; and WHEREAS, the City of Palm Beach Gardens and the Florida Department of Transportation previously executed the "Memorandum of Agreement" of May 18, 2000 by way of Resolution 37, 2000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: . Section 1. The City Council hereby authorizes the Mayor and City Clerk to execute the District Four Amendment to Highway Beautification and Maintenance Memorandum of Agreement for State Road 786 (PGA Boulevard), a copy of which is attached hereto as Exhibit "A." Section 2. This Resolution shall be effective upon adoption. PASSED AND ADOPTED THIS DAY OF 2001. MAYOR JOSEPH R. RUSSO • 139 • ATTEST BY: CAROL GOLD CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO Resolution 102, 2001 Meeting Date: June 21, 2001 Date Prepared: June 11, 2001 APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY AYE NAY ABSENT 0 2 • • "EXHIBIT A' DISTRICT FOUR (4) AMENDMENT TO HIGHWAY BEAUTIFICATION AND MAINTENANCE MEMORANDUM OF AGREEMENT DSF- MAINTENANCE This is an Amendment to the Agreement made and entered into on May 18,2000, by and between the State of Florida Department of Transportation hereinafter called the "Department" and the City of Palm Beach Gardens, a political subdivision of the State of Florida, hereinafter called the "Agency ". WITNESSETH WHEREAS, the parties entered into the Agreement for the purpose of providing funding for a landscape project and identify the AGENCY'S responsibility for the future, maintenance on State Road 786 from Station 100 +75(west of I -95) east to Station 118 +50(east of Fairchild Gardens Avenue) & State Road 811 from Station 443 +20(north of RCA Drive to Station 456 +25 (Gardens Boulevard) and WHEREAS, the parties desire to increase the project limits to allow for additional landscaping and maintenance responsibilities: NOW THEREFORE, for and in consideration of mutual benefits that flow each to the other, the parties covenant and agree as follows: 1. Attachment "A ", as contained in the May 18, 2000 Agreement reflecting the project location is hereby amended by the Attachment "A" attached hereto and incorporated herein. 2. Attachment "C" as contained in the May 18, 2000 Agreement reflecting the project cost is hereby amended by the Attachment "C" attached hereto and incorporated herein. 3. Except as modified by this amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties have cause these presents to be executed this ,2001. City of Palm Beach Gardens M. APPROVED AS TO FORM AND CORRECTNESS: BY: (SEAL) ATTEST State of Florida Department of Transportation District Secretary Legal Approval EXHIBIT "A" PROJECT LOCATION SECTION NO.93001 FIN NO.(s): 22977115201 22975615201 COUNTY: Palm Beach S.R. NO.: 786/811 Additional roadway section: From Fairchild Gardens Avenue east to U.S. #1 is • SECTION NO.:93001 FIN NO: 22977115201 22975615201 COUNTY: Palm Beach S.R. NO.: 786/811 ATTACHMENT C (GENERAL) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. Dated I. PROJECT COST: S 174407000.00 May 18,200 Landscaping and irrigation 1,200.000.00 FIN# 22977115201 Additional Landscaping & irrigation FIN# 22975615201 240,000.00 TOTAL S 1,440,000.00 • DISTRICT FOUR (4) HIGHWAY BEAUTIFICATION and MAINTENANCE MEMORANDUM OF AGREEMENT DSF- MAINTENANCE THIS AGREEMENT, made and entered into this _/P day of KA-Y , lS494, by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, a component agency of the State of Florida, hereinafter called the "DEPARTMENT" and the CITY of PALM BEACH GARDENS, a political subdivision of the State of Florida, existing under the Laws of Florida, hereinafter called the "AGENCY ". WITNESSETH: WHEREAS,as part of the continual updating of the State of Florida Highway System, the Department, for the purpose of safety, protection of the investment and other reasons, has constructed and does maintain a six (6) lane highway facility as described in Exhibit "A" attached hereto and incorporated by reference herein, within the corporate limits of the AGENCY; and WHEREAS, the AGENCY is of the opinion that said highway facilities that contain landscape medians and areas outside the travel way to the right of way line, excluding sidewalk, shall be maintained by periodic trimming, cutting, mowing, fertilizing, litter pick -up and necessary replanting; and WHEREAS,the parties hereto mutually recognize the need for entering into an Agreement designating and setting forth the responsibilities of each party; and WHEREAS, the AGENCY by Resolution No .67 g000 dated WaY d r V , 1�9"a °a' attached hereto and by this reference made a part hereof, desires to enter into this Agreement and authorizes its officers to do so; NOW THEREFORE, for and in consideration of the mutual benefits to flow each to the other, the parties covenant and agree as follows: 1. The DEPARTMENT hereby agrees to install or cause to be installed landscaping on the highway facilities as specified in plans and specifications hereinafter referred to as the Project; and incorporated herein as Exhibit `B" 2. The AGENCY, agrees to maintain the landscaping within the medians and areas outside the travel way to the right of way line, excluding sidewalk, by periodic trimming, cutting, mowing, fertilizing, litter pickup and necessary replanting, following the Department's ''landscape safety and plant care guidelines. The AGENCY's responsibility for maintenance shall include all landscape /turfedareas and areas covered with interlocking pavers or similar type surfacing (hardscape) within the median and areas outside the travel way to the right of . way line, excluding sidewalk, on Department of Transportation right -of- way within the limits of the Project. Such maintenance to be provided by the AGENCY is specifically set out as follows: To maintain, which means the proper watering and fertilization of all plants and keeping them as free as practicable from disease and harmful insects; to properly mulch the plant beds; to keep the premises free of weeds; to mow and/or cut the grass to a proper length; to properly prune all plants which includes (1) removing dead or diseased parts of plants, or (2) pruning such parts thereof which present a visual hazard for those using the roadway. To maintain also means removing or replacing dead or diseased plants in their entirety, or removing or replacing those that fall below original project standards. All plants removed for whatever reason shall be replaced by plants of the same size and grade s specified in the original plans and specifications. To maintain also means to keep the hardscape areas free from weeds and replacement of any areas becoming in disrepair so as to cause a safety hazard. To maintain also means to keep litter removed from the median and areas outside the travel way of the right of way line. Plants shall be those items which would be scientifically classified as plants and include but are not limited to trees, grass, or shrubs. The above named functions to be performed by the AGENCY, shall be subject to periodic inspections by the Department. Such inspection findings will be shared with the AGENCY and shall be the basis of all decisions regarding, repayment, reworking or agreement termination. The AGENCY shall not change or deviate from said plans without written approval of the Department. 3. If at any time after the AGENCY has assumed the landscaping installation and/or maintenance responsibility - above - mentioned, it shall come to the attention of the Department's District Secretary that the limits or a part thereof is not properly maintained pursuant to the terms of this Agreement, said District Secretary may at his option issue a written notice that a deficiency or deficiencies exist(s), by sending a certified letter to the of AGENCY, to place said AGENCY on notice thereof. Thereafter the AGENCY shall have a period of thirty (30) calendar days within which to correct the cited deficiencies. If said deficiencies are not corrected within this time period, the Department may at its option, proceed as follows: (a) Maintain the landscapingor a part thereof, with Department or contractor's personnel and invoice the AGENCY for expenses incurred, or (b) Terminate the Agreement in accordance with Paragraph 6 of this Agreement and remove, by Department or contractor's personnel, all of the landscaping installed under this Agreement or any preceding agreements except as to trees and palms and charge the AGENCY the reasonable cost of such removal. 4. It is understood between the parties hereto that the landscaping covered by this Agreement may be removed, relocated or adjusted at any time in ' the future as determined to be necessary by the Department in order that the adjacent state road be widened, altered or 0 2 otherwise changed to meet with future criteria or planning of the Department. The AGENCY shall be given sixty (60) calendar days notice to remove said landscaping after which time the Department may remove same. 5. The Department agrees to enter into a contract for the installation of landscape project for an amount not to exceed $ 1,200,000 as defined in Attachment "C ". The Department's participation in the project cost, as described in Attachment "C" is limited to only those items which are directly related to this project. The agencies landscape architect or designee shall assist the Department in final inspection and provide written acceptance of the Project. 6. The AGENCY agrees to reimburse the Department all monies expended for the project, should the landscaped area fail to be maintained in accordance with the terms and conditions of this Agreement. 7. This Agreement may be terminated under any one of the following conditions: (a) By the Department, if the AGENCY fails to perform its duties under Paragraph 3, following ten (10) days written notice. (b) By the Department, for refusal by the AGENCY to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the AGENCY in conjunction with this Agreement. 3. The term of this Agreement commences upon execution. 9. To the extent permitted by law, the AGENCY shall indemnify and hold harmless the Department, its officers and employees from all suits, actions, claims and liability arising out of the AGENCY's negligent performance of the work under this agreement, or due to the failure of the AGENCY to maintain the Project in conformance with the standards described in Section 2 of this Agreement. 10. • The AGENCY may construct additional landscaping within the limits of the rights -of -ways identified as a result of this document, subject to the following conditions: A. Plans for any new landscaping shall be subject to approval by the Department. The AGENCY shall not change or deviate from said plans without written approval by the Department. B.All landscaping shall be developed and implemented in accordance with the currentFlorida • of Department of Transportation Roadway and Traffic Design Standard index 546, 3 C. Clear zone/horizontal clearance as specified in the Plans Preparation Manual- Metric Volume 1, Chapter 2 must be adhered to as outlined on relevant sheets Exhibit D, D. Landscaping shall not obstruct roadside signs or permitted outdoor advertising signs, E. If irrigation is to be installed, the Department shall be provided accurate as built plans of the system so if in the future there is a need for the Department to preform work in the area, the system can be accommodated as much as possible, F. If it becomes necessary to provide utilities to the median or side areas (water /electricity) it shall be the AGENCY'S responsibility to obtain a permit for such work through the local maintenance office, G. During the installation of the project and future maintenance operations, maintenance of traffic shall be in accordance with the current edition of the MUTCD and the current Department Roadway and Traffic Design Standards (series 600), _H. The AGENCY shall provide the local maintenance office located at a twenty -four (24) hour access telephone number and the name of a responsible person that the Department may contact, I. If there is a need to restrict the normal flow'of traffic it shall be done on off peak hours (9AM to 3PM) J. The AGENCY shall be responsible to clear all utilities including the signal system communication cable with in the project limits, K. The AGENCY shall notify the local maintenance office forty -eight (48) hours prior to the start of the project, L. The AGENCY agrees to comply with the requirements of this Agreement with regard to any additional landscaping installed; M. No change will be made in the payment terms established under item number five (5) of this Agreement due to any increase in cost to the Department resulting from the installation of landscaping added under this item. 11. This writing embodies the entire agreement and understanding between the parties hereto and there are no other agreements and understanding, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 12. The Department, during any fiscal year, shall not expend money, incur and liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available for expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The Department shall require a statement from the Comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years; and this 0 • paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000.00 and which have a term for a period of more than 1 year. 13. The Department's District Secretary shall decide all questions, difficulties and disputes of any nature whatsoever that may arise under or by reason of this Agreement, the prosecution or fulfillment of the service hereunder and the character, quality, amount and value thereof, and his decision upon all claims, questions and disputes shall be final and conclusive upon the parties hereto. 14. This Agreement may not be assigned or transferred by the AGENCY in whole or part without the consent of the Department. 15. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. In the event of a conflict between any portion of the contract and Florida law, the laws of Florida shall prevail. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. AGENCY By: i"I�l Attest: (SEAL) Cletf STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION District Secretary Attest: Executive Secr y Approval as to Date Approval as to Form Form .l ,� Date • • SECTION NO.93001 - FIN NO.(s): 92977/5201 COUNTY: Palm Beach S.R. NO.: 786/811 EXHIBIT "A" PROJECT LOCATION PGA Boulevard from Station 100 + 75 (west of 1-95) east to Station 118 + 50 (east of Farichild Gardens Avenue) and S. R. 811 from Station 443 + 20 ( north of RCA Drive) to Station 456 + 25 ( Gardens Boulevard) 9 SECTION NO.: 93001 FIN NO: 229771152,01 COUNTY: Palm Beach S.R. NO.: 7861811 EXHIBIT "B" The Department agrees to install the Project with a contractor in accordance with the plans and specifications attached hereto and incorporated herein. Please see attached plans. • 0 4 SECTION NO.:93091 FIN NO: 229771152QI COUNTY: Palm,Beach S.R. NO.: 786/811 ATTACHMENT "Cf5 (GENERAL) PROJECT COST This Exhibit forms an integral part of the Highway Beautification Grant Agreement between the State of Florida, Department of Transportation and the AGENCY. Dated Landscaping and irrigation I. PROJECT COST: $1,200,000 C:1WPDOC\AD�. 1' DSFI.LA1(rev.7 /6/95) 8 • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum SUBJECT /AGENDA ITEM Meeting Date: June 21, 2001 Prepared On: June 8, 2001 Consideration For Approval of Resolution 103, 2001: A request by Mary Minor of Urban Design Studio, on behalf of Florida Power and Light (FPL), to consider and approve an application for a waiver from the requirements of Policy 1.1.5.1.(a).2 of the City's Future Land Use Element. The policy requires that all parcels of land located west of the Urban Growth Boundary must be developed as either a Planned Unit Development (PUD) or Planned Community District (PCD) and must be at least 250 acres in size. Parcels existing prior to February 1998 may petition the City Council to waive the size threshold requirement. The subject parcel consists of approximately 9.3 acres and is located on the north side of PGA Boulevard (Blvd.), abutting the east side of C -18 Canal, immediately west of the Mirasol PCD and north of the PGA National PCD. RECOMMENDATION Staff recommends approval of Resolution 103, 2001. Reviewed by. Originating Dept.: Costs: $ Council Action: City Attorney ZIP), Growth Management Total [ ] Approved Finance NA $ [ J Approved w/ ACM Current FY conditions Human Res. NA - Other NA [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: • Resolution 103, 2001 Paper: [ ]Other • Relevant Comp. Plan Objectives and Policies _ • Location Map [X] Not Required Applicant's Request Itte by Budget Acct. #:: Gr Management Director Affected parties AIV Notified [ ] None City ger (x] Not Required 152 y City Council Meeting Date: June 21, 2001 Date Prepared: June 8, 2001 Petition: Misc -01 -14 REQUEST: Marty Minor of Urban Design Studio, agent for Florida Power and Light (FPL), is requesting approval for a waiver from the size threshold requirement of Policy 1.1.5.1(a).2 of the City's Future Land Use Element (please see attachment). The policy requires all parcels located west of the Urban Growth Boundary to be developed as PUD or PCD with at least 250 acres in size. The subject parcel is only 9.3 acres of land. However, the policy allows for waivers to be granted by the City Council for parcels existing prior to February 1998. The parcel is located immediately west of Mirasol PCD along the north side PGA Blvd., approximately two (2) miles west of the Florida Turnpike and north of PGA National PCD. The petitioner intends to locate a minor electrical sub - station facility on the site, which is the subject of a separate petition filed by the petitioner along with another petition to allow the location of such facilities within the corridor. BACKGROUND: Policy 1.1.5.1.(a).2 of the Future Land Use Element in the City's Comprehensive Plan requires any parcel located west of the Urban Growth Boundary to be developed as a PUD or a PCD with a minimum size of at least 250 acres. Only parcels that existed prior to February of 1998 with sizes less than 250 acres are entitled to request waivers from this requirement. Such waivers are to be granted by the City Council (upon a recommendation from Planning and Zoning Commission (P &Z) sitting as the Local Planning Agency (LPA)). Policy 1.1.5.1.(a).2 is based on two (2) principles to prevent small -scale and scattered development; and to relieve urban development pressure from the rural area. First, the subject policy was adopted and incorporated into the comprehensive plan in 1998 with the intent to protect and maintain the environmental and agricultural land located between the City's western boundary and the eastern edge of the Loxahatchee Slough, which-Uorders on the Mirasol PCD. The policy ensures the protection of environmentally sensitive land by allowing development within the area to occur only on large parcels in order to ensure clustering of development away from environmentally sensitive and viable agricultural land. Most of the land in the area consists of large size parcels that are conducive to being developed as large PUDs and PCDs. The policy aims to prevent strip and or small -scale development, which has the tendency to be disruptive and scattered throughout the area, from occurring. Such development also leads to inefficient and ineffective delivery of services. Efficiency in service delivery and protection of natural resources are rooted in Objective 1.1.1 of the Future Land Use Element. (Please see attachment). Second, the intent of the Urban Growth Boundary is an attempt to curb urban sprawl from 1 continuing further westward into the environmentally sensitive 'land. The Urban Growth Boundary generally coincides with the eastern boundary of the Loxahatchee Slough. (Please see map attached). The boundary divides the City into two areas, urban and rural. Donald Ross Road bounds the rural area to the north, Loxahatchee Slough to them 2 City Council Meeting Date: June 21, 2001 Date Prepared: June S, 2001 9 Petition: Misc-01 -14 Northlake Blvd. to the south, and the City limits to the west. The urban area consists of all land located east of the Loxahatchee Slough. The subject site is located at the urban fringe and the proposed facility on the site would have negligible development impacts, since the facility would be unmanned. The facility is not likely to lead to urban pressure or sprawl into the rural area because it is primarily intended to relieve pressure on existing electric facilities and supply needed services in the area, including but not limited to Mirasol and PGA National PCDs, according to the applicant. Thus, the impact on environmentally sensitive and agricultural land is minimal, if any. The proposed lot coverage for the site is less than one half - percent and there would only be one small building on site to provide shelter for personnel when visiting the site. The proposed facility is not likely to encourage urban development of the area because such development would need potable water, sewer, and needed roadways with adequate capacity to accommodate the impacts of urban development. At this time, development within the rural area, with one exception, can only occur using water wells and septic sewer, as required by the City's Comprehensive Plan, and on parcels with at least 250 acres in land area. The facility is not likely to change the rural character, facilitate urban sprawl, or endanger environmentally sensitive land, since it is intended to serve approved and existing residential developments in the area. Therefore, the requested waiver meets the intent of Policy 1.1.5.1.(a).2. The City Attorney has reviewed the information submitted by the applicant and has concluded that based on such information, the City Council could determine that the parcel existed prior to February 1998 and therefore the parcel is eligible for a waiver. ISSUES TO CONSIDER BY THE CITY COUNCIL: The City Council needs only to consider the relevant issues with respect to the waiver within the context of the City's vision and goals regarding the rural area of the City west of the Urban Growth Boundary. The PUD master plan and the merits of FP &L substation located at the subject site are not at issue at this point. The City Council will have the opportunity to consider this in the future. LOCAL PLANNING AGENCY RECOMMENDATION: On June 12, 2001, the Local Planning Agency (LPA) considered the petitioner's request for a waiver and made a recommendation of approval to the City Council. STAFF RECOMMENDATION: Staff recommends approval of the requested waiver from the 250 -acre minimum size threshold requirement of Policy 1.1.5.1.(a).2 of the City's Comprehensive Plan. — G:Talal/Misc- 01- 14 -str-cc 3 Goals. Obiectives and Policies ./GOAL 1.1.: CONTINUE TO ENSURE A HIGH QUALITY LIVING ENVIRONMENT THROUGH A MIXTURE OF LAND USES THAT WILL MAXIMIZE PALM BEACH GARDENS' NATURAL AND MANMADE RESOURCES WHH E MINIMIZING ANY THREAT TO THE HEALTH, SAFETY, AND WELFARE OF THE CITY'S CITIZENS THAT IS CAUSED BY INCOMPATIBLE LAND USES AND ENVIRONMENTAL DEGRADATION. /Objective 1.1.1.: The City shall continue to maintain land development regulations to manage future growth and development in a manner that provides needed facilities and services, protects environmental resources, and discourages the proliferation of urban sprawl. olicy 1.1.1.1.: The City shall continue to maintain land development regulations to ensure that they contain specific and detailed provisions intended to implement the adopted Comprehensive Plan, and which as a minimum: a. Regulate the subdivision of land; b. Regulate the use of land and water consistent with this element and ensure the compatibility of adjacent land uses and provide for open space; S C. Protect areas designated Conservation on the Future Land Use Map and further described in the Conservation, Coastal Management, and Recreation and Open Space Elements of this Comprehensive Plan; d. Minimize the impacts of land use on water quality and quantity and regulate development which has a potential to contaminate water, soil, or crops; e. Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management consistent with the Infrastructure Element of this Comprehensive Plan; f. Protect potable water wellfields and aquifer recharge areas; g. Regulate signage; h. Ensure safe and convenient on -site traffic flow and vehicle parking needs; i. Discourage urban sprawl through the following strategies: FUTURE LAND USE 6/99 1 -9 S #99 -1 Amendment Ordinance 27, 1999 (1) establishing moderate densities and varied housing opportunities in urban areas (2) mixed -use and clustering requirements (3) promoting urban infill development and redevelopment (4) locational requirements (5) establishing an urban growth boundary and distinct urban and rural service areas (6) directing public investment to existing urban areas, and (7) annexation and extraterritorial planning agreements. j. Require landscape buffers and gardens using predominately native species and other appearance measures to maintain a high visual quality; k. Provide that development orders and permits shall not be issued which result in a reduction of the levels of service for the affected public facilities below the level of service standards adopted in this Comprehensive Plan; and 1. Provide for the assessment of impact fees or dedication of land and facilities to off -set costs assumed by the City or other governmental agencies for the provision of facilities or services required by new development. m. Cooperate with Seacoast Utility Authority through cooperation on the Seacoast Utility Board to insure the maximum utilization of their water and wastewater transport plan so as to implement the economic expansion of facilities within definitive service boundaries. Policy 1.1.1.2.: The City shall maintain land development regulations which permit residential development only at densities equal to or less than the following: a. Rural Residential 20 (RR20) - up to a maximum of 0.05 dwelling units per gross acre, or one unit per twenty acres; b. Rural Residential 10 (RR10) - up to a maximum of 0.1 dwelling units per gross acre, or one unit per ten acres; C. Residential Very Low (RVL) - up to a maximum of 1.0 dwelling units per gross acre; d. Residential Low (RL) - up to a maximum of 4.0 dwelling units per gross acre; FUTURE LAND USE .6/99 1 -10 #99 -1 Amendment Ordinance 27, 1999 • Policy 1.1.5.1.(a).2: For all properties west of the urban growth boundary (L.oxahatchee Slough), the City shall impose the following requirements, and shall land development regulations necessary to implement these requirements. 1. Development shall be consistent with rural densities and intensities and shall receive services consistent with the adopted level of service standards for the rural area. All proposed development shall include a minimum of 250 acres which shall be rezoned to either: 1) Planned Community District (PCD) and contain, at a minimum, a master development plan indicating all proposed collector roads and supporting documentation which describes what the development is to include and how it is to proceed (phasing); or 2) Planned Unit Development (PUD) which shall include, at a minimum, site plans, landscape plans, and all proposed collector and local roads. All site plans developed within PCDs shall be subject to the densities and intensities assigned to them under the PCD master plan documentation. A waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. 2. Individual development "pods" within an approved PCD shall undergo site plan review which shall include, at a minimum, site plans, landscape plans, and all proposed local roads. FUTURE LAND USE 6/99 1 -24 #99 -1 Amendment Ordinance 27, 1999 ::S:IFAINIO I • No. MR Yo I Ulm I BLVD. NS 4q k �L 16\1 ZRzkiz� W. k\vv % 158 • Mr. Talal Benothman Senior Planner Growth Management Department City of Palm Beach Gardens 0500 N. Military Trail Palm Beach Gardens, FL 33410 RE: REQUEST FOR WAIVER FROM SIZE REQUIREMENT IN COMPREHENSIVE PLAN POLICY 1.1.5.1. (a).2 FOR FPL RYDER SUBSTATION Dear Talal: Urban Design Urban Planning Land Planning Landscape Architecture Communication Graphics As we discussed, we would like to request a waiver from the parcel size requirement indicated in Comprehensive Plan Policy 1.1.S. L(a).2. The subject policy requires, in part, that all properties west of the Urban Service Boundary be developed at a minimum of 250 acres. A waiver may be granted from this size requirement by the City Council for "existing parcels of lesser size as of February 19, 1998." We are requesting a waiver from this requirement as the subject 9.32 acres was designated as a separate parcel (Parcel 18.A02) by the previous owner (the John D. and Catherine T. MacArthur Foundation) on a map dated April 15, 1996. The subject parcel is bordered on the south by PGA Boulevard, on the west by the C -18 Canal right -of -way, on the north by lands owned by Palm Beach County and on the east by Mirasol. We look forward to this waiver request being heard at the June 12, 2001 Planning and Zoning Commission meeting. Should you have any questions, please feel free to contact me. Sincerely, Urban Design Stun Giry 0c F r.' t,F EP=AGN GARDENS Marty R.A. Minor "3 } Project Planner _ �,. ; , UE`rf. / c: Jim Weeks Pamela Rauch, Esq. ltaymond Royce, Esq. Hank Skokewski C:NC DMMC)Webapl -pbs ConipWaiver.052901.vIA LCC35 2000 Palm Beach Lakes Boulevard Suite 600 The Concourse West Palm Beach, Florida 33409 -6582 561.689.0066 561.689.0551 fax Irvine, CA 714.489.8131 May 22, 2001 561 - 650 --8316 ROYCE Internet Address: rroyce@hklaw.com Leonard Rubin, Esq. Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, FL 33410 Re: Parcel 18.A02 — Florida Power and Light Substation Dear Len: I want to follow up on our discussion of the other evening about the proposed Florida Power and Light substation on the 9.32 acre parcel on PGA Boulevard. The construction of this substation in this out -of -the -way location is very important to the City of Palm Beach Gardens. This substation will provide service to the Golf Digest Project and the northern half of the PGA Development. If Florida Power and Light is to keep up with the energy demands of a growing community, this substation must be constructed without delay. As you and I discussed, the problem arises because of language that was put in the Comprehensive Plan many years ago to encourage the MacArthur Foundation to develop the property or sell it for development in large tracts. The City deemed that large master planned areas were preferable to a multitude of little subdivisions. This goal has been accomplished. For example, the Mirasol project is a large master planned community which was approved by the City. The parcel in question, Parcel 18.A02, is adjacent to Mirasol but was not required to become a part of the Mirasol approval process. This small separate parcel is ideally suited for a substation. Obviously, Florida Power and Light would never need 250 acres to build a small substation. The Comprehensive Plan could not have intended that every utility has to be located on 250 acres. Law Offices Atlanta Northern Virginia HOLLAND & KNIGHT LLP Been Orlando Bradenton Providence Chicago St. Petersburg Fort Lauderdale San Antonio 625 North Flagler Drive, Suite 700 Jacksonville San Francisco P.O. Box 3208 (ZIP 33402 -3208) Lakeland Seattle West Palm Beach, Florida 33401 Los Angeles Tallahassee Melbourne Tampa Miami Washington, D.C. 561 -833 -2000 New York West Palm Beach FAX 561 - 650 -8399 k*m& al Dfias www.hklaw.com BuenosAires* SaoPado Mwoocky Tel Aviv' Rbdekieko Tokyo 'n�oai�eeGns May 22, 2001 561 - 650 --8316 ROYCE Internet Address: rroyce@hklaw.com Leonard Rubin, Esq. Watterson, Hyland & Klett, P.A. 4100 RCA Boulevard Palm Beach Gardens, FL 33410 Re: Parcel 18.A02 — Florida Power and Light Substation Dear Len: I want to follow up on our discussion of the other evening about the proposed Florida Power and Light substation on the 9.32 acre parcel on PGA Boulevard. The construction of this substation in this out -of -the -way location is very important to the City of Palm Beach Gardens. This substation will provide service to the Golf Digest Project and the northern half of the PGA Development. If Florida Power and Light is to keep up with the energy demands of a growing community, this substation must be constructed without delay. As you and I discussed, the problem arises because of language that was put in the Comprehensive Plan many years ago to encourage the MacArthur Foundation to develop the property or sell it for development in large tracts. The City deemed that large master planned areas were preferable to a multitude of little subdivisions. This goal has been accomplished. For example, the Mirasol project is a large master planned community which was approved by the City. The parcel in question, Parcel 18.A02, is adjacent to Mirasol but was not required to become a part of the Mirasol approval process. This small separate parcel is ideally suited for a substation. Obviously, Florida Power and Light would never need 250 acres to build a small substation. The Comprehensive Plan could not have intended that every utility has to be located on 250 acres. Leonard Rubin, Esq. May 22, 2001 Page 2 The Comprehensive Plan indicates that a waiver from the minimum size threshold may be granted by the City Council for existing parcels of lesser size as of February 19, 1998. To the best of my knowledge, there is no further definition of an "existing parcel ". The Land Development Regulations define a parcel as any contiguous quantity of land capable of being described such that its location and boundaries may be established. Clearly, Parcel 18.A02 is a contiguous quantity of land which is capable of being described such that its location and boundaries may be established. I am enclosing a memo to Joshua Escoto of this office from Steven Cohen of this office on this subject. Steve Cohen was general counsel for the MacArthur Foundation for several years. The memo points out that the parcel is bordered on the south by PGA Boulevard, on the west by the C -18 Canal right - of -way, on the north by lands owned by Palm Beach County and on the east by Mirasol. The memo also points out that the MacArthur Foundation designated Parcel 18.A02 as a separate parcel of land on a map or plan dated April 15, 1996. In other words, it was a separate parcel as designated by the owner of all of the lands in the area. The Comprehensive Plan does not require that the existing parcel be separately owned or even be separately platted or surveyed. The MacArthur Foundation considered it a separate parcel of real estate and the subsequent sale and approval of the Mirasol development without the inclusion of this parcel was approved by the City. When the MacArthur Foundation sold the land to the north to Palm Beach County, the City was well aware of that sale as well. A waiver is the best way to resolve any question about this parcel. The City Council has the power to grant the waiver. The City Council is going to have to decide whether they want a substation to be built to serve the energy needs of the City and a decision to grant the waiver can be a part of that process. Incidentally, if anyone should suggest that this parcel be combined with another parcel of land to form a 250 -acre tract, such is really not possible. First, the Mirasol development would not want to go back through the development process and incorporate this parcel into that approval. The property to the north is owned by Palm Beach County and the County has no plans to seek any development approvals. There is no other contiguous property. This is an isolated separate parcel of real property. Under the City's Comprehensive Plan and Land Development Regulations, it can only be developed as a planned community development or a planned unit development. Florida Power and Light has applied for a planned unit development to provide this needed utility service. If this parcel cannot be developed as a planned unit development because it is smaller than 250 acres, then there is no real use to • Leonard Rubin, Esq. May 22, 2001 Page 3 which the property can be put and as a practical matter, a taking has occurred. This problem can also be cured by a waiver, which in view of these unique circumstances, is in order. I request that you very carefully review the enclosed memo and focus specifically upon the map prepared by the MacArthur Foundation and dated April 15, 1996. On that map you will see that Parcel 18.A02 consisting of 9.32 acres is specifically identified as a separate parcel. After you have had an opportunity to review these matters, I would appreciate it if you would give me a call so that we can discuss the situation. Thank you for your continued cooperation. Very truly yours, HOLLAND & KNIGHT LLP ji Raymond W Royce RWR/jvm Enclosures cc: Pamela M. Rauch, Esq. (w /enclosures) Hank skokowski (w /enclosures) WPB1 #191712 vl 0 RESOLUTION 103, 2001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, GRANTING ONE WAIVER TO THE REQUIREMENTS OF POLICY 1.1.5.1.(a).2 OF THE FUTURE LAND USE ELEMENT OF THE CITY'S COMPREHENSIVE PLAN FOR THE MINIMUM SIZE THRESHOLD FOR PARCEL 18.A02, WHICH CONSISTS OF APPROXIMATELY 9.3 ACRES; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens received an application (MISC- 01-14) from Florida Power and Light for a waiver from the requirements of Policy 1.1.5.1.(a).2 of the Future Land Use Element of the City's Comprehensive Plan -to waive the minimum size threshold of 250 acres for Parcel 18.A02; and WHREAS, Parcel 18.A02 consists of approximately 9.3 acres and is located along the north side of PGA Boulevard and east of Canal 18, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, in accordance with the provisions of Policy 1.1.5.(a).2 of the Future Land Use Element of the City's Comprehensive Plan, the City Council may provide relief from the minimum size threshold requirement for parcels existing prior to February 1998; and WHEREAS, the petitioner has provided adequate documentation demonstrating that Parcel 18.A02 was an existing parcel prior to February 1998; and WHEREAS, on June 12, 2001, the Local Planning Agency considered the subject petition and recommended approval of the waiver. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA THAT: Section 1. The City Council hereby waives the minimum 250 -acre size threshold requirement of Policy 1.1.5.(a).2 of the Future Land Use Element of the City's Comprehensive Plan for Parcel 18.A02, located along the north side of PGA Boulevard and east of Canal 18, as more particularly described-in Exhibit °A" attached hereto and incorporated herein. The size of the subject parcel is approximately 9.3 acres. Therefore, the waiver is hereby granted for 240.7 acres. • • Resolution 103, 2001 Prepared On: June 11, 2001 Section 2. All resolutions in conflict herewith are hereby repealed. Section 3. This resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF June 2001. ATTEST: CAROL GOLD, MMC BY: JOSEPH RUSSO, MAYOR APPROVED AS TO LEGAL FORM AND SUFFICIENCY. 0 CITY CLERK CITY ATTORNEY VOTE: AYE NAY ABSENT MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO G\Talal /M I SC -01- 14 -res • 7 wi i%,.Cr IU- VMX-av L -ZkIbN Z�iuLIU FRX:bb1689G551 PAGE 3i 6 19/2881 14:26 5616259238 PAGE 02 d 17.04 Thu portion of Sc doe. 42 Sawk P4q@42EU(,?&I!%IWtdrCQvnIY. Florida, bim Sarah of the Southerly right of way Wte ud any right of way, North of the South line of Wd Satioq 26, sad Norheestcr a of IUvahtll Road. LESS AND EXCEMNIG FROM LU of the plat of kabinteah fttco Plant Site. as recorded In Plat 8o , page 13, public records of Patin Re4ch CouatY. Florida. Al S9 a parM ofland It Section 16. Township 42 South, Range 42 Ease, Film 19eeeh County, onaL Oeiog dare puuculatly dcscribcd is fbRows: Cotnr%CnCing at the SouthUlt eartut of UW Seabee. 26. North 04' I I" East liae of Sacdan 26, (the Psst Wta of said Section Z6' sumed to bear North ON sad on other baae+np are rdla lvw o) a diaaaee of 700,00 fee. w a pout; lbmc 83" 06' 49" Weu a mo of 1 50.00 (ba to apoint on a line 150.0 tkel W43c 04 right Wgies co, sad parallel with still 17stt bat: of Swilon 26, said pauu OINT OY BEt3 MUM aftbe ber& ailu dascrtbad Food; Narth lie West a distance of IS4.34 feat to a paint an th t right of way hate of Have"* 100 feet tae.! right of nay), as tow - out and is aui thahat South 42.20' Si" said right of w*y Gee moo of So.36 (= to tbt bq0nciog of a curve mama to Ad Southwest S a rrd {us of 1,402.69 6.aa rod A CMW att6l16 dId" MST ; thane. So Y e10ng the etc of Uld aunt, R curet of 53 0.01 foot 10 a point oa ottataatioaed potalld Him 1$0.00 tat west of tk Pa:z lime of said Section ; tihc= NmQ 04• Se.' 11" Bias %long tfzU pv9el Sae a distance of 459.40 fat to tht rWa OF REGR4, rj%'G. —WLEO !E55 a .ti.r -rinn of the F,•T ISO fem *(the SolitA half (S 112) of Seedon 26. Taw South, Pange 42 East, Palm Hach C�:Uzt lorida, h� tight of way lint of the Saboud AAaa Rai►vrey tight y of the Northeuterly a c art: ai Haverhill Ra4d end No outfSatim 26. -X= LESS the right of way of Haverhill Road. . ParcellAA,A2 A pared of lan41*9 is Seaton S, tots bIp 42 South. Range 42 East, Palsy Heath County, Florida, bLUg more partiwlarty dmdbad as Mom: The Nanh 400.00 feet of the South 450.06 teat of said Samar S lying Eastuly *fib* East right of way Ine of the G 16 Canal as deserlhed is DW Boole 1146. page 477, public recotds ofPalm Bau l Couam Ptorida, sad biAS Wwwrly of ibe Atllowing dca6tlbed lino: Commeecieg at the Southeast eanmr of UW Seaioa S, timtea Wank to 29' 23• Weal, along the South fide of the Southeast gmttar VA) of std Sedan S. a distance f1AR 18 1955 15 =01 1112; :z HE1 'S :tit 613223em PAGE. 84 W�Ij,%j VA 1V -co iu -VRaF UV ,x�1bN beulitu PFGE 41 6 le 2801 14:26 56162590 .••�...-- ._��,. _ PAGE 83 V 111 ME � �R8 10993 Pq of 497.66 fact; thence .forth Ol' 20' 3T East, &pg&g front slid South tint, a dittsnce of 50.00 fca 141M Point d1lo ix irtg; thateo Nash 01 a 30' S9" Eat, a d'ivattu of /00.00 6x9 t4 Wepoiat of ta>Diaw of t?t0 bettdtt dasutbed lint ILL03 . A p4rc4TbQpJ lytaS In Sections 5 ad 6, Towasblp 42 South, Rage 41 •)rest, P each County. Florida, being paniealarly dtwAbed at Maws. 7119 Natiti 400.00 tea oft tb 450.00 feet MIMIC! Saotio snd 6 lraa westerly of the wear d& otwxy line of the G1 i desalbcd in t 1146, pa$e 477, public rceards of ptl0t 8eub Coutux T10d4 and lying of aQowing dewnbcd lb=; • CoOttaeneiag u tba Souther met atssM S 6, *taco South es° 31. so- Fir, along Ilse Saud+ c 8ouehwca Q►t M (V41 Section 6, a distwcc of 1213.05 Corr; Narth 01' 36' 100 Usk ds+parctva tr 'd South line, a •4ittance ar ran to the Point ot'8ogit�; thafceWank o8• 7" Waet, a di 3.47 fiat; thw4a North Oa' 411030 Wed, a &tance af'77.15 tee ace 08' 421 2411 Wast, a d4mut d23$.07 fm to the poim ofterminus of harcw dcsonbed liac. d 18A.08 A pmt of bm lyiag�tt�ttr nd !. Tatu"ll 41 Sautk Rance 42 East; withia the muru ' I ups of cAa dry of Patin 8asek Gardsar. County. Mdsa. and bcias morn cutely dasabed u fatloWl: Cotm�teiag at tht iaw��nion ofthe Satstb fight ofwiy lice of P.G ot1le++vd an a eiglu of way Lis of State Road 1; Thaw Swth !8' 31' 49' ' a8 Add South fight of way Ua dl =Cr. of 1,900.00 fed to the POW OF BEGTNNI3 of tM kcrda dacabo: . Tbonce SMA 62,33 11 Aaa- lt, alang slid t Thalce South S ' OS' fast, dap boat Thcoca South 27' S l' cc Af .66iff" cOf 1,10.04 felt; T :n1e 350 1r ter' S6,20' E&A a ' of 1,991.4 Habuy, (Stec 710); Tb ace N 16MMUU A of i.0. 0 tier; T'haace 0s' St' 1 dlstince 235.61 kct; to ON'T OP M 18.A10 Aim At Wry Ua istarioe Ot 1.204,74; d ligbl otprffU, a disrupt of 1,233.81 tat; Ile net: T4wxA South 02' 19' 29' Po, a 54 a distl ew of 110.13 fcat; Thane South at as 44,110M right of way line attic 8edine 13" West; along void North dpftt of way link a k depaaws sold North tight ofway line, a NVR�aCOw kaein dcvjlcd pereel A pucel oflpd lyiut, is Section 7, Township 42 South, R ge 42 Rost. wit A uaucipal Halite Of the Cl ,vf of Mat Basch Gudau, P" Basch County, Florida, tad bdag ma ioulsrly daicriba u follows: M+YQ�BMY WM7'COpI.r.K.si ati • rM 10.1999 15=82 i ildS: :t 0661.5 11 21322MM PAR. 10-1 • CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: June 21, 2001 Date Prepared: May 30, 2001 SUBJECT /AGENDA ITEM MISC -00 -11 — Hidden Hollow PUD Amendment Workshop and First Reading: Ordinance 13, 2001, a request by Alfred J. Malefatto of Greenberg and Traurig, on behalf of Fercon Florida, Inc., to amend the Hidden Hollow Planned Unit Development (PUD) to delete a build -out date. RECOMMENDATION Staff recommends approval of the request. Reviewed by: Originating Dept.: FINANCE: NA City Council Action: rowth Management: [ ] Approved Principal Planner Karen M. Craver, A Costs: $ [ ] App. w/ conditions Project Total [ ] Denied City Attorne� Man ger [ ] Rec. approval Leonard Rubin John Lind en $ [ J Rec. app. w/ conds. Finance NA Current FY [ J Rec. Denial [ J Continued to: Human Res. NA Funding Source: [ ]Operating Submitted by: Advertised: Attachments: Growth Date: [ ]Other *Table 1 Ma nag ni t� • Site Map Directo Paper: • Ordinance 13, 2001 _�� Charles K. Wu, AICP • Engineering [X] Not Required Budget Acct. #: comments Approved by: • Applicant's Affected parties: City Manager Justification Ron rris� ] Notified • Plat of Site [X] Not Required [ ] None City Council Meeting Date: June 21, 2001 Date Prepared: May 30, 2001 Petition MISC -00 -11 REQUEST Attorney Alfred J. Malefatto of Greenberg and Traurig, agent for Fercon Florida, Inc., is requesting to amend the Hidden Hollow Planned Unit Development (PUD) by deleting Section 7 of Ordinance 16, 1987 (as amended by Ordinance 10, 1990, Ordinance 11, 1996, and Ordinance 32, 1997), which required the complete construction of the 51 single - family residential units on site prior to June 30, 2000. The 12.3 -acre site is located on the south side of Northlake Boulevard, 'h mile west of Military Trail. (23- 42S -42E) BACKGROUND The Hidden Hollow PUD was annexed into the City of Palm Beach Gardens and approved on December 3, 1987 with the adoption of Ordinance 16, 1987. The PUD was subsequently amended through several ordinances and resolutions, including Ordinance 32, 1997, which approved a 2 -year time extension for the completion of the entire development (to expire on June 30, 2000). The site is approved for 51 single - family homes, 23 of which have been constructed. Therefore, the applicant has requested to eliminate the condition requiring the entire development to be completed by a date certain. 0 LAND USE & ZONING The subject site is zoned Residential — Low Density 3 (RL -3) with a Planned Unit Development (PUD) overlay, and has a future land -use designation of Residential — Low Density (RL). CONCURRENCY A traffic study was provided and reviewed by the City Engineer. The project was found to meet the Traffic Performance Standards (see attached memorandum dated April 10, 2001). PETITION DETAILS The applicant proposes to delete Section 7 in Ordinance 16, 1987 (as amended by Ordinance 10, 1990, Ordinance 11, 1996, and Ordinance 32, 1997) which required the complete construction of the 51 single - family residential units on site prior to June 30, 2000. This condition is not a typical code requirement, and does not give the applicant the flexibility to construct and sell homes on site per market demand. After reviewing the minutes from the meetings where the previous ordinances were approved, it is unclear as to why this condition was included in the development order. The applicant has completed the recordation of the plat and installed all infrastructure and common landscaping prior . to the build -out date; therefore, the applicant has complied with Section 33(c)(3)a. 2 City Council Meeting Date: June 21, 2001 Date Prepared: May 30, 2001 Petition MISC -00 -11 regarding the buildout period of a PUD. It should also be noted that because the applicant has satisfied Section 33 of the City's Land Development Regulations (LDRs), condition #16 in Section 2 of Ordinance 11, 1996 (as amended by Ordinance 32, 1997) regarding the completion date for all required infrastructure has been satisfied. COMMENTS FROM THE DEVELOPMENT REVIEW COMMITTEE (DRC) City Engineeiinq City Engineer Sean Donahue recommends approval of the request (see attached April 10, 2001 LBFH memorandum). To date, no objections have been received from the following departments and agencies: Building Division, Planning & Zoning Division, Fire Department, Police Department, Parks & Recreation Department, City Legal, Seacoast Utility Authority, Northern Palm Beach County Improvement District, Palm Beach County School District, South Florida Water Management District, Waste Management, and Florida Power & Light. GROWTH MANAGEMENT RECOMMENDATION Staff recommends approval of the request to amend the PUD, because the applicant has satisfied Section 33(c)(3)a., which requires a residential PUD to be platted, have all infrastructure in place, and all common landscaping installed prior to the end of the buildout period. The applicant has also moved forward, in good faith, to complete the development of this project. PLANNING & ZONING COMMISSION At their April 24, 2001 meeting, the Planning and Zoning Commission heard this petition as a time extension request; the Commission voiced no concerns regarding the request for a time extension. After further studying their request, however, the applicant decided they would prefer to eliminate the condition requiring the complete buildout of the project by a date certain. At their May 22, 2001 meeting, the Planning and Zoning Commission held a public hearing to review the request to eliminate the condition requiring the complete buildout of the project. The Commission voted 7 — 0 to recommend approval of the applicant's request to eliminate the condition. grohn: misc0011.cc 0 3 • • • City Council Meeting Date: June 21, 2001 Date Prepared: May 30, 2001 Petition MISC -00 -11 4 170 ^ m EXISTING IBS ZON ING _ L ID USE Subject Property Residential — Low Density Residential Low (RL) Hidden Hollow 3 (RL -3) with PUD overlay North Public or Institutional (P /1) Public (P) and Residential City of Palm Beach & Residential — Medium Low (RL) Gardens Fire /Police Density (RM) with a Station #3 & Christian Day Conditional Use overlay Care Center South Residential Estates (RE) Residential Low (RL) Horseshoe Acres West Residential — Medium , Residential Low (RL) Christian'Day Care Center Density (RM) with a and Horseshoe Acres Conditional Use overlay and Residential Estates RE East Residential Estate (RE) Residential Unincorporated Palm and Residential Beach County - Transitional (RT) Square Lake Residential IL Community 4 170 • • City Council Meeting Date: June 21, 2001 Date Prepared: May 30, 2001 Petition MISC -00 -11 SITE MAP • ORDINANCE 13, 2001 June 11, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF AN APPLICATION FROM FERCON FLORIDA, INC. TO AMEND A PREVIOUSLY - APPROVED PLANNED UNIT DEVELOPMENT BY DELETING SECTION 7 OF ORDINANCE 16, 1987, AS AMENDED, THAT REQUIRES, BY A DATE CERTAIN, THE COMPLETE CONSTRUCTION OF THE 51 SINGLE - FAMILY RESIDENTIAL UNITS ON THE HIDDEN HOLLOW PLANNED UNIT DEVELOPMENT (PUD) SITE, LOCATED ON THE SOUTH SIDE OF NORTHLAKE BOULEVARD, '/Z MILE WEST OF MILITARY TRAIL, AS MORE PARTICULARLY DESCRIBED HEREIN; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING - FOR AN EFFECTIVE DATE. WHEREAS, the City of Palm Beach Gardens receivedi an application (MISC -00- 11) from Fercon Florida, Inc. for approval of an amendment to the previously- approved "Hidden Hollow" Planned Unit Development, located on the south side of Northlake Boulevard, Y2 mile west of Military Trail, as more particularly described in Exhibit "A" attached hereto; and WHEREAS, said amendment will remove Section 7 of Ordinance 16, 1987, as amended, which required the complete construction of the entire development, including all 51 single - family residences, by a date certain (extended to June 30, 2000 with the adoption of Ordinance 32, 1997); and WHEREAS, the 12.3 -acre "Hidden Hollow" site is currently zoned Residential — Low Density 3 (RL -3)) with a Planned Unit Development (PUD) overlay; and WHEREAS, the "Hidden Hollow" site has satisfied the conditions required in Section 33(c)(3)a of the City's Land Development Regulations for a residential planned development to be considered "built -out" by,having completed the recordation of all plats, and the installation of all infrastructure and common landscaping on site; and WHEREAS, the Growth Management Department has reviewed said application and determined that it is consistent with the City's Comprehensive Plan and Land Development Regulations; and WHEREAS, on May 22, 2001, the City's Planning and Zoning Commission recommended approval of the elimination of a date for completion of all construction. • Ordinance 13, 2001 21 Meeting Date: June 21, 2001 Date Prepared: June 4, 2001 Petition MISC -00 -11 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 "Hidden Hollow" PUD on the south side of Northlake Boulevard, '/2 mile west of Military Trail, as more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, to permit the removal of Section 7 of Ordinance 16, 1987 (as amended by Section 3 of Ordinance 10, 1990, Section 4 of Ordinance 11, 1996, and Section 2 of Ordinance 32, 1997) which required the complete construction of the entire development, including all 51 single - family residences, by a date certain. SECTION 2. 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 3. 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 4. This Ordinance shall be effective upon adoption. — PLACED ON FIRST READING THIS 21St DAY OF JUNE 2001. 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 VICE MAYOR ERIC JABLIN COUNCILWOMAN LAUREN FURTADO . Ordinance 13, 2001 21 Meeting Date: June 21, 2001 Date Prepared: June 4, 2001 Petition MISC -00 -11 ATTEST BY: APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CAROL GOLD CITY CLERK VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILWOMAN FURTADO COUNCILMAN CLARK COUNCILMAN SABATELLO g /john: misc0011.or2 CITY ATTORNEY AYE NAY ABSENT Ordinance 13, 2001 21 Meeting Date: June 21, 2001 Date Prepared: June 4, 2001 Petition MISC -0041 EXHIBIT "A" Hidden Hollow, Plat 1, according to the plat thereof as recorded in Plat Book 78, Pages 170 through 172, inclusive, of the Public Records of Palm Beach County, Florida; together with Hidden Hollow, Plat 2, according to the plat thereof as recorded in Plat Book 78, Pages 173 and 174, inclusive, of the Public Records of Palm Beach County, Florida • 0 4 L t k M INC. �« •t t t.� . < t��t� t a a.. t �. ( 1\ II -\(IRR UI 7t N \I. \\'All R X1..'i OR( FS YVAIFR & "'AsrF \% /AIIR • I'RA -NSP( )R,i riO,\ C&I "Partner~ for Results Whie by Design" . 0) S.W. Corporate Pkwy. Palm City, FL 34990 (561) 286 -3883 Fix: (561) 286 -3925 wwwJbfh.coni MEMORANDUM TO: John Lindgren FROM: Sean C. Donahue, P.E. DATE: April 10, 2001 File No.: 87 -0906 SUBJECT: Hidden Hollow Time Extension We have reviewed the Time Extension Applicant for a 24 -month extension of the 11idden Hollow Residential Planned Unit Development. We have the following comments: 1. The Traffic Impact Analysis (TIA) prepared by Kimley -Horn and Associates, Inc. has been reviewed by the City's traffic consultant. The project meets the Traffic Performance Standards and can be approved for the requested 24 -month time extension. 2. The applicant has provided a narrative verifying the "good faith" efforts of the developer and copy of the warranty deed verifying current ownership, which complies with LDR Section 33. We have no further engineering concerns and recommend approval of the Time Extension Application. SCDRj cc: Charles Wu Steve Cramer Karen Craver Barbara Springthorpe, Greenberg Traurig, P.A. P:\P13GMEM0\0906\906v &c John Lindgren From: Sent: To: Cc: Subject: Sabatellom @gtlaw.com Tuesday, May 01, 2001 10:04 AM John Lindgren MalefattoA @gtlaw.com; SpringthorpeB @gtiaw.com RE: Hidden Hollow - MISC -00 -11 Dear John, Thank you for your time this morning and your assistance with this application. Pursuant to our conversation, we would like to revise our petition (MISC 00 -11 - Hidden Hollow Time Extension) to request that the development ordinance be amended by deleting the provision that requires the project to be built -out within a set period of time. Originally, our petition requested a 2 year extension of the build -out window. We understand that the scheduled Planning and Zoning meeting must be postponed and re- advertised and that this will delay the final approval, which is fine with us. I will keep in. touch with you to make sure we have the correct meeting dates as they arise. Thank you again for your assistance, Michael Sabatello Greenberg Traurig, P.A. 777 South Flagler Drive, Suite 300 East West Palm Beach, Florida 33401 (561) 650 -7953 Fax: (561) 838 -8853 SabatelloM @GTLaw.com • • • Alfied J. Malefatto 561 -650 -7908 MalefattoA@gdaw.com GGEENBEflG A T T O R N E Y S A T L A W February 28, 2001 BY FAX AND FEDERAL EXPRESS Mr. John Lindgren City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 Re: Petition MISC — 00 -11— Hidden Hollow Time Extension Dear Mr. Lindgren: Please accept this letter as a response to your request for additional information on the above - referenced petition. There were three items requested, the first of which was an "affidavit that the warranty deed submitted to our office represents the current ownership." As we discussed, attached please find the most recent printout from the Palm Beach County Property Appraiser's Office for Hidden Hollow (Plats 1 and 2) showing which lots in the development are still owned by the petitioner, Fercon Florida Inc.(Attachment 1) You stated this would be acceptable in lieu of an affidavit. The second item requested was an updated traffic impact analysis. This analysis has been completed by Kimley -Horn and Associates, Inc. and is enclosed. The third item requested was a revised narrative that addressed certain criteria intended to demonstrate the developer's good faith efforts and progress of the development. For your convenience, we have repeated the criteria below (underlined) and addressed each point. a. The number, types, and cost for professionals retained to design the project and secure permit/approvals. The property owner, Fercon Florida, Inc. (the "Developer "), purchased the undeveloped property on July 24, 1997 (Official Record Book 9918, Page 1299 — Attachment 2 ). At that time, the Planned Unit Development ("PUD "), including the already- designed site plan, had been approved by the City Council, but no homes were built. Since purchasing the property, the Developer has retained numerous professionals, a list of which is attached, to secure permits for the 23 houses that have been constructe 8 e (Attachment 3). 4► A %ofP �j/�� p� 8• �►de,� GREENBERG TRAURIC, P.A. CD 17NIf. ^' [; !� P.O. Box 20629 WEST PALM BEECH, FLORIDA 33416 -0629 �� G■�!�{(,w 561 -6S0 -7900 FAX 561 -6SS -6222 www.plaw.eom O p�HCE 777 SOUTH FLACLER DRIVE SUITE 300 EAST WEST PALM BEACH, FLORIDA 334 �N% ILMI NEW YORK WASHINGTON. D.C. ATLANFA. PHILADELPHIA TVSONS CORNER CHICAGO BOSTON PHOENIX WI ON Los A /:. $x0 PAULO FORT LAUDBRDALE BOCA BATON WEST PALM BEACH ORLANDO TALLAHASSEE �+ DENVER Mr. John Lindgren February 28, 2001 Page 2 b..The number and type of permits /approvals obtained from the City and other regulatory agencies. The following ordinances and resolutions were approved on this property by the City Council prior to the current Developer taking title in July of 1997. Ordinance 16, 1987 Ordinance 22, 1989 Ordinance 10, 1990 Resolution 77, 1990 Ordinance 11, 1996 Resolution 184, 1996 Resolution 185, 1996 Ordinance 32, 1997 South Florida Water Management District — Standard General Permit No. 50- 03701 -P. 0 City of Palm Beach Gardens - drainage, paving and utilities. • City of Palm Beach Gardens — building permits and certificates of occupancy for 23 homes. c. The number and timeliness of plats recorded and/or phases completed., if applicable. Hidden Hollow Plat No. 1 (Plat Book 78, Page 170) and Plat No 2 (Plat Book 78, Page 173) were recorded on December 26, 1996. The project has only one phase. d. The completion and/or progress of the site improvements and the expenditure incurred or the establishment of surety thereof. All of the infrastructure was completed in May of 1998. The developer has been successful in completing and selling 20 homes on the 51 platted lots. Additionally, there are 3 models on site. The developer is planning to construct 2 additional homes in March, 2001. e. Granting of right -of -way or other public dedications. City of Palm Beach Gardens Ordinance 16, 1987 (Section 6) required the conveyance to the City the North 30 feet of the Property for right -of -way purposes. This conveyance, along with the conveyance of a sewer lift station, has been completed. GREENBERG TRAURIG Mr. John Lindgren February 28, 2001 Page 3 f. The marketing effort to date and the results thereof. The Developer is continuing to actively market the property to prospective purchasers. A half -page advertisement for the development is placed each week in the Palm Beach Post and Sun Sentinel newspapers. The monthly cost for these two advertisements is approximately $4,500. Two direct mailings were completed during 2000, with postcards and letters sent to brokers, realtors and the community in general in Palm Beach Gardens, Jupiter and West Palm Beach. From the time of purchase through September, 1999, Fercon had its own sales staff on site. PGA National Sales handled the marketing and sales from September, 1999, through November, 2000, at which time Fercon hired a new sales manager, Mr. Miguel Nahm. Mr. Nahm is located on site and continues to oversee the sales and marketing efforts on Fercon's behalf. g. Financing and economic conditions. Not applicable. As previously discussed with you, it would be unnecessary for this Developer to request any additional time extensions if the proposal were being newly considered, due to a change in the city's code. We request that this time extension be approved and that, consistent with the code provision, this Developer not be required to submit any further time extension requests. Please contact me if you have any questions or need any additional information. Thank you. cc: Mr. and Mrs. David Spilberg Mr. Miguel Nahm Paulo Miranda, Esq. %SMUNGMO "Ea%2637ssvolVn=1%20878.010100 u GREENBERG TRAURIG } wZ 11ctI roe ssal �tirol �'i E o1uN�ldroNdO ON•ldNdO�i _AM!!1 ______ ./1Y61 11.01.6t.I01 rr, .1[•161 6.01.6c.101 •fit• �• 17ra1 .7. 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E•S \, ,•\ N N • ■ E 1 f1t •. . •I -' • I i + ly` i n \ ya• 1 ' �" y 1 e 37raa31 M0710H N3001H -_ 37raa31 N011olf N3001H ° } y. . �sy N :. � \• v ■ •Ia. 11,111 ww.w..� •• r r w. • rw .ww .Y Aw Q .•• w• hu• 1 11 • 1 I:. N I LU VI 1 1r 4, CX 66a M I¢ C 1 i 1 it 1 1 • 51 N -1 1 )• s 1 N Q ■ •f 1- 1= a � 1 1 Z '33J11 I • 1Zi \� �'j� � M Y M• • N) i M 1 � - y • YK ) O ! III iie 1 w I • =i: N k ■s •• k' i �� fff1111 +1 _ • I• O■ _ —_ —_ 30UW , " iw rw A aTxw I _ _ M3001M ! -- LLI �� r� --- - -- --- ---- --- --- - - - -- -- - -- O OT}� Q J••~ irk f Q 7 V J Q t, 1 I Cq I • \ r •• _• \ Cc ;'7 e 6 f■ ii 1 ■ j i M ■ M • M i N i 03 i N * li 'i •e I ' cd TI1 � fit, •- • -• -__- •__• --..Lr -- -- -- - -_ - -.wn-- -- - -- -- - - , _ —_ —_ __— ______. __ - — --- . _ . __ ___ 3AIH0 OS13Y 1/3 t--1 • QQ CC3 • • ORDINANCE 16, 1987 %%W November 18, 1987 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ANNEXING A PARCEL OF LAND LOCATED OFF LAKE PARK ROAD WEST IMMEDIATELY WEST OF SQUARE LAKE, CONSISTING OF 8.05 ACRES AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; AND, PROVIDING FOR THE ANNEXATION OF SAID LANDS INTO THE CITY OF PALM BEACH GARDENS; AND, CONCURRENTLY CREAT- ING A ZONING CLASSIFICATION OF PLANNED UNIT DEVELOPMENT KNOWN AS "HIDDEN HOLLOW" AS A CONDITIONAL USE OF THE UNDERLYING CLASSIFICA- TION OF RS -4 RESIDENTIAL SINGLE- FAMILY DISTRICT WITH A CONDITIONAL USE OF PLANNED UNIT DEVELOP- MENT FOR REFERENCE PURPOSES; AND, PROVIDING FOR SURETY REQUIREMENTS FOR SITE IMPROVEMENTS; AND, PROVIDING FOR CONDITIONS FOR BUILDING PERMIT ISSUANCE; AND, PROVIDING FOR THE COLOR- ING OR HATCHING OF THE CITY OF PALM BEACH GARDENS OFFICIAL ZONING MAP BY THE CITY CLERK TO REFLECT SAID ZONING CLASSIFICATION; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. WHEREAS, the Petitioner, Sabatello Development Corporation, VI, the fee simple title holder to those lands located off Lake Park Road West immediately West of Square Lake, consisting of 8.05 acres and more particularly described in Exhibit "A" attached hereto and made a part hereof, has requested that the City of Palm Beach Gardens annex said lands into the corporate lands of the City; and WHEREAS, the Petitioner has further requested that the City Council of the City of Palm Beach Gardens, concurrent with said annexa- tion, rezone said lands to zoning classification of Planned Unit Development with development thereof to be in accordance with the Site Plan consisting of one (I) sheet, prepared by gbs Architects Landscape Architects Planners, Inc., Job No. 87 -0806 and the zoning classification shall be Rs -4 Residential Single- Family District with a conditional use of Planned Unit Development for reference purpose. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. That parcel of land located off Lake Park Road West immediately West of Square Lake, consisting of 8.05 acres and being more particularly described in Exhibit "A" attached hereto and made a part hereof, is hereby annexed Into and shall be within the corporate limits of the City of Palm Beach Gardens, Florida, and that same shall henceforth be a part of said City as if said lands were originally a pat of the City of Palm Beach Gardens. -u Section 2. Concurrent with said annexation, said lands are hereby rezoned to a zoning classification of Planned Unit Development in accordance with the requirements of the Palm Beach Gardens Code, with said Planned Unit Development known as "HIDDEN HOLLOW" to be developed pursuant to the Site and Landscape Plan prepared by gbs Architects Landscape Architects Planners, Inc., Job No. 87 -0806, consisting of 4 sheets, which is attached hereto as Exhibit "B ". The zoning classification for said lands shall be RS -4 Residential Single - Family District with a conditional use of Planned Unit Development for reference purposes. Section 3. No Building Permit shall be issued for construction of any structure or building upon the property described in Exhibit "A" until final drainage, paving and utility plans for said Planned Unit Development have been approved in writing by the City Engineer, and all permits required to be issued by other governmental bodies have been issued with copies thereof delivered to and filed with the Building Official, and the Petitioner shall have deposited with the City Manager a performance bond, or a letter of credit, or an escrow deposit in the sum of money in the amount prescribed by the City Engineer for the purposes of assuring the completion of all paving, drainage and utilities on said project. Section 4. A Plat of said Planned Unit Development shall be approved by the City Council by subsequent Resolution and shall be delivered for recording upon Petitioner posting the requisite bond or letter of credit with the City as required in Section 3 hereof. Section 5. The Petitioner shall pay to the City of Palm Beach Gardens, Florida, impact fees as hereinafter designated togehter with amounts of monies and time of payment. A. Recreation capital improvement impact fee in the total sum of $5,500.00 which shall be due and payable at the time the first Buildinq Permit shall be issued. - 2 - • 0 B. The road impact fee in the total sum of $22,500.00 shall be due and payable to the City as follows: (1) One half shall be paid at time the first Building Permit is issued. and the remaining half thereof shall be due and payable at the time a Building Permit shall be issued for the twentieth (20th) unit of the Planned Unit Development. Section 6. Further, prior to issuance of the first Building Permit, the Developer shall deliver to the City Manager a General or Special Warranty Deed in requisite form conveying to the City of Palm Beach Gardens, Florida, the North thirty (30) feet of the lands described in Exhibit "M" with said lands to be used for purposes of road right -of -way. The City shall ultimately convey the title to said lands to the Florida Department of Transportation when required. Developer shall provide at delivery of Deed a Certificate by a licensed Florida attorney or title insurance company that said title is marketable and free and clear of liens and encumbrances. Section 7. All construction shall be completed within four (4) years from date. The Developer may, prior to the expiration of said time period, request in writing an extension of time thereon, and for good cause shown, the City Council may extend said period for no longer than one (1) year. Section 8. The City Clerk of the City of Palm Beach Gardens is hereby authorized to color or hatch the official City of Palm Beach Gardens zoning map for those lands described in Exhibit "A" to reflect those zoning classifications stated in Section 2 hereof. Section 9. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. passage. Section 10. This Ordinance shall be effective on date of GLOsL*I V PLACED ON FIRST READING THIS THE S DAY OF 1987. i PLACED ON SECOND READING THIS THE 3rd DAY OF December 1987. PASSED AND ADOPTED THIS THE 3rd DAY OF December 1987. Y CO UN CI L WOMAN' VICE MAYOR cDUN ILMAN COUNCILMAN ATTEST: /lit o. /�LfA *M. HINO, CMC, CITY CLERK • • `.. �L/ • E X H I B I T "A" The Nest Soo feet of the East 600 feet of the East Half (E1 12) of Section 23, Township 42 South, Range 42 East, Palm Beach County, Florida, lying Northerly of the Northerly right -of -way line of Canal No. 2, as described in official Record Book 1855, page 1378, Less and excepting therefrom the right -of -way of Lake Park Road West. • • lod �".4ay 1, 1990 0 ORDINANCE 10, 1990 AN ORDINANCE OF THE CITY OF PALM BEACH GARDENS, FLORIDA, AMENDING ORDINANCE 16, 1987, ADOPTED ON DECEMBER 3, 1987, WHICH CREATED "HIDDEN HOLLOW ", A PLANNED UNIT DEVELOPMENT, AND SUBSEQUENTLY AMENDED BY ORDINANCE 22, 1989, AND IS HEREBY FURTHER AMENDED BY ADDING AN ADDITIONAL NINETEEN (19) SINGLE- FAMILY LIVING UNITS WITHIN THE PLANNED UNIT DEVELOPMENT ON A CONTIGUOUS TRACT OF LAND CONSISTING OF 4.25 ACRES; AND, PROVIDING FOR THE DEVELOPMENT OF SAID ADDITIONAL LANDS ACCORDING TO THE PLANS AND CONDITIONS HEREINAFTER SET FORTH; AND, PROVIDING FOR THE REQUIREMENT OF A SURETY FOR THE CONSTRUCTION OF INFRASTRUCTURES ON .SAID SITE; AND, PROVIDING FOR THE REPEAL OF ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND, PROVIDING FOR AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. Ordinance 16, 1987, which was subsequently amended by Ordinance 22, 1989, and which created "HIDDEN HOLLOW ", a Planned Unit Development, is hereby further amended by adding an additional nineteen (19) single - family living units within said Planned Unit Development on a contiguous tract of land consisting of 4.25 acres in accordance with the plans and specifications set forth as follows; and attached hereto as Composite Exhibit "A ": A. March 5, 1990, Site Plan submitted by Ted Sabatello on March 7, 1990. B. Undated Elevations by Quincy Johnson Associates. Received by Staff on March 7, 1990, consisting of two (2) pages,, and one page received May 15. 1990. C. Preliminary Landscape Plans, dated June 8, 1989, prepared by James F. Smith, Landscape Architecture, consisting of two (2) sheets, namely, L-1 and L -2. D. Sign Details, dated June 22, 1989, prepared by James F. Smith, Landscape Architecture, con- sisting of one (1) sheet, marked L -3. E. Wall Details, dated July 10, 1989, prepared by James F. Smith, Landscape Architecture, con- sisting of one (1) sheet marked L -4. F. Undated Landscape Plan for Phase II, preparer not indicated, and consisting of one (1) sheet marked L -2A. Further, the Staff has set forth the following conditions which shall be part of the development plan: r A. Within the Hidden Hollow Homeowners' Association documents, there shall be the following provisions: 1. Prior to the issuance of a Certificate of Occupancy for houses built on Lots 38, 45 and 46, a hedge will be installed within the ten (10) foot landscape ease- ment on the North property line. The means to irrigate this hedge will also be required. 2. Prior to the issuance of a Certificate of Occupancy for houses built on Lots 46 through 52, inclusively, a fence and hedge will be installed along the West property line. The means to irrigate this hedge will also be required. 3. The maintenance of said hedges shall include but shall not be limited to such items as the required hedge height at maturity, responsibility for replacement shrubs, if removed for any reason, and their ultimate care. B. The exotic vegetatation (i.e., Brazilian Pepper, . Malaleuca and Australian Pine) shall be removed and as much of the quality (Florida Native) vegetation will remain. C. If all the trees on any particular lot shall be removed along the eastern and southern boundaries for canal bank restoration, a minimum of two (2) trees per adjoining lot shall be planted along these boundaries. D. A barricade shall be erected at both ends of the North South street in Phase II where the road dead ends. E. All conditions contained in David Getz's March 19, 1990, letter pertaining to the paving and drainage plans for Phase I and Phase II shall be resolved prior to final approval by the City Council. F. The Petitioner shall dedicate the required road right- of -way on the South side of Northlake Boulevard to the County of Palm Beach within sixty (60) days of City Council approval. G. In lieu of the Department of Transporation standard barricade mentioned in Condition D above, the developer will investi- gate the legality of placing railroad ties and vegetation as the barricade for the ends of the North /South street in Phase II. Qc'o 1 0.90 • • • H. The Homeowners' Association documents shall contain provisions which will allow the City to enforce-the maintenance of the landscaping pursuant to the City Code in the event the Homeowners' Association does not enforce the mainteance thereof. I. The above - mentioned project shall have two (2) exits lanes on the Northlake Boulevard on the Southerly right -of -way. Section 2. No Building Permit shall be issued for the development of Phase I and Phase II within this Planned Unit Develop- ment until final drainage, paving and utility plans have been approved in writing by the City Engineer, and all permits required to be issued by other governmental bodies have been issued with copies thereof delivered to and filed with the Building Official; and the Petitioner shall have developed with the City Manager a performance bond, letter of credit or an escrow deposit in a sum of money prescribed by the City Engineer for the purposes of assuring the completion of all paving, drainage and utilites in these two phases. Section 3. All phases of the development in the "HIDDEN HOLLOW" Planned Unit Development shall be completed within three (3) years from effective date hereof, and the owner /developer may obtain an extension of one (1) additional year for good cause shown by approval of subsequent Resolution. Section 4. Ordinance 16, 1987, and and Ordinance 22, 1989, shall remain in full force and effect except as modified herein. Section 5. All Ordinances or parts of Ordinances in conflect herewith are hereby repealed. Section 6. This Ordinance shall be effective upon date of passage. PLACED ON FIRST READING THIS ,DAY OF MAY, 1990. 10 PLACED ON SECOND READING THIS Zf7 AY OF PASSED AND ADOPTED THIS THE / �714 DAY OF MAYOR VICE -MAYOR ATTEST: 61�;D-'K-OSIER, CITY LERK ul • 1990. w , 1990. COUNCILWOMAN U APPROVED AS TO FORM AND LE SUFFICIENCY CITY ATTORNEY • ORDINANCE 11, 1996 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, APPROVING AN AMENDMENT TO THE HIDDEN HOLLOW PLANNED UNIT DEVELOPMENT FOR 51 SINGLE -FAMILY RESIDENTIAL DWELLING UNITS; AND PROVIDING FOR AN EXTENSION OF TIME FOR COMPLETION OF THE DEVELOPMENT. June 20, 1996 July 11, 1996 WHEREAS, the City approved the Hidden Hollow Planned Unit Development by Ordinance 16, 1987, and subsequently amended by Ordinance 22, 1989, Ordinance 10, 1990, and Resolution 77, 1990; and WHEREAS, the City has received an application for an amendment to said Planned Unit Development; and WHEREAS, the amendment to the Planned Unit Development is consistent with the City's Comprehensive Plan, 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 Hidden Hollow Planned Unit Development located on the south side of Northlake Boulevard west of Military Trail and east of Kelso Drive. SF,CTION 2. Said amendment is conditioned upon the applicant's compliance with the following conditions: 1. The gates shall automatically open on demand when a vehicle passes over the actuation loop from the hours of 6:00 a.m. -10:00 p.m. From the hours of 10:00 p.m. - 6:00 a.m. residents will need to enter using a remote actuator to open the gate; non- residents will be required to use the call box. 2. The location of the exit gate on the construction plans shall be moved south so that the swing radius does not conflict with a vehicle making a U -turn at the call box. 3. The record plat shall show sidewalk easements where the sidewalks encroach on private lots and are not within the right -of -way. C, 4. No building permit shall be issued for construction of any structure or building until final drainage, paving and utility plans for said Planned Unit Development have been approved in writing by the City Engineer, and permits to be issued by other governmental bodies have been issued with copies thereof delivered to and filed with the Building Official. Further, the Petitioner shall have deposited with the City Manager a letter of credit or an escrow deposit in the sum of money in the amount prescribed by the City Engineer and in such form as approved by the City Attorney, for the purposes of assuring the completion of all paving, drainage and utilities on said project. 5. A plat of said Planned Unit Development shall be approved by subsequent Resolution and shall be delivered for recording upon Petitioner posting the aforementioned escrow deposit or letter of credit with the City. 6. All applicable impact fees imposed by the City of Palm Beach Gardens and Palm Beach County shall be paid to the City at the time of issuance of the first building permit. 7. Prior to the issuance of the initial Certificate of Occupancy, the required off -site left turn lane on Northlake Boulevard shall be constructed and open to the public. 8. All Florida native vegetation on site shall be preserved except in road and right-of- way areas during construction. Individual lot owners within the PUD shall have a choice to preserve remaining trees. 9. Prior to the issuance of a Certificate of Occupancy for the adjacent home the canal banks shall be stabilized with sod. 10. Within the Hidden Hollow Homeowners Association's covenants and restrictions shall include the following provisions: A. Prior to the issuance of a Certificate of Occupancy for houses built on Lots 33, 34 and 41, the Association shall install a hedge (Specifications per Plant List) within the five foot (5) landscape easement on the north property line. B. Prior to issuance of a Certificate of Occupancy for houses -built on Lots 27 through 33, inclusively, the Association shall install or cause to be installed, a fence (5 -foot chain link) and hedge (Specification per Plant List) along the west property line. C. The Association shall be responsible for the maintenance of said hedges (and fence) shall include but not limited to such items as the required hedge height at maturity, responsibility for replacement shrubs, if removed for any reason, and their ultimate care. • 0 11. All exotic vegetation (i.e., Brazilian Pepper, Malaleuca and Australian Pine) shall be removed prior to C.O.'s for each unit and all exotic on -site vegetation shall be removed to the issuance of the last C.O._ 12. If all of the trees on any particular lot within the PUD is removed along the eastern and southern boundaries for canal bank restoration, the Association shall install or cause to be installed a minimum of two (2) trees (Specifications per Plant List) per adjoining lot shall be planted along these boundaries. 13. Wood timber barricade, with landscaping, shall be erected at both ends of the north/south street where the road dead ends at Lots 26, 27, 33 and 34. The City Engineer shall review and approve the design specifications prior to the issuance of the initial building permit. 14. Prior to the issuance of the first C.O. the Petitioner shall submit, for the City Attorney's review, the Homeowners' Association covenants and restrictions which shall contain provisions which will allow the City to enforce the maintenance of the landscaping pursuant to the City Code. 15. Prior to the issuance of the initial building permit and plat recordation, the Petitioner shall'post with the City the aforementioned escrow deposit or a letter of credit in the amount sufficient to provide for the installation of all infrastructure, including the required perimeter landscaping and screening, the entry feature, and common area landscaping, including street trees with the means to irrigate. The amount to be determined by the developer and agreed upon by the City Engineer. 16. All required infrastructures (not including final lift of asphalt) shall be completed no later than June 30, 1997. SECTION 3. Said construction shall be consistent with the following plans on file with the City's Planning and Zoning Department: 1. June 12, 1996 Site Plan by Cotleur Hearing. Sheet 1 of 2. 2. June 12, 1996 Landscape Plan/Entry Landscape Plan/Project Entry Signage/ Entry Gate & Column Plan by Cotleur Hearing. Sheet 2 of 2. 3. February 3, 1996 Northlake Boulevard Elevation Plan by Cotleur Hearing. Sheet 3 of 3. 4. June 20, 1996 Wall Elevation along Northlake Boulevard. Sheet 1. SECTION 4. The City Council hereby approves an extension of time for the completion of this development for a period of 2 years, to expire on June 30, 1998. SECTION 5. This Ordinance shall be effective upon adoption. 793 •PLACED ON FIRST READING THIS '�AY OF t-e , 1996. PLACED ON SECOND READING THIS /� DAY OF u ���r , 1996. PASSED AND ADOPTED THIS 19 DAY OF , 1996 • SEMI SSO m,e ATTEST: LINDA V. KOSIER, CMC, CITY CLERK U' VOTE: MAYOR RUSSO � me m/ VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK tOON' CILWOMAN LINDA M N OE 1 • i II APPROVED AS TO LEGAL FORM AND SUFFICIENCY. OMAS J. ,CI ATTORNEY A)y NAY ABSENT 7 0 ORDINANCE 32, 1997 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR APPROVAL OF AMENDMENTS TO THE CONDITIONS 6, 8, 16 AND SECTION 4 OF THE HIDDEN HOLLOW RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO MODIFY THE REQUIREMENT FOR THE PRESERVATION OF NATIVE VEGETATION, TO MODIFY THE TIMING OF THE INSTALLATION OF THE INFRASTRUCTURE AND TO ALLOW FOR A TIME EXTENSION; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens approved the Hidden Hollow Residential Planned Unit Development by Ordinance 16, 1987, as subsequently amended by Ordinance 22, 1989, Ordinance 10, 1990, Resolution 77, 1990, Ordinance 11, 1996, Resolution 184, 1996 and Resolution 185, 1996; mz WHEREAS, the City has received a petition to amend Ordinance 11, 1996, to modify the —= requirement for preservation of native vegetation, to modify the timing for the installation of the R=_" infrastructure, and to allow for a time extension; WHEREAS, the City's Planning and Zoning staff has reviewed the petition and determined that it is sufficient, and WHEREAS, the proposed amendment is consistent with the City's Comprehensive Plan. 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 hereby approves a time extension for two years for the development of the "Hidden Hollow" residential planned unit development. Section 2. Conditions 6, 8, 16 and Section 4 of Ordinance 11, 1996, shall be amended as follows: 6. All applicable impact fees imposed by the City of Palm Beach Gardens and Palm Beach County shall be paid to the City at the time of issuance of the first each building permit. 8. All Florida native vegetation on the site shall be preserved ii-i -L&11--. 90 au t • • _ • r_ J•_ - J 11_a t_,_ t__ nrr I__11 t- - - -- Way QIGaJ UU11115 %.VIIJLIUVLIVII. 111U1V1UUa1 LUL VWIIGIJ wIL11111 1116 VUL! J11a11 11aVG a ;; __ „l U U� LU P„�,U� a►ll►L, . per the on -site survey taken on March 27, 1997_ 16. All required infrastructure (not including final lift of asphalt) shall be completed no later than June 30, +99-7 1998. , Section 4. The City Council hereby approves an extension of time for the completion of this development for a period of 2 years, to expire on June 30, }998 2000. Section 3. This Resolution shall be effective upon adoption. PLACED ON FIRST READING THIS l?/'�6F 4r�� , 1997. PLACED ON S O THIS lg7%OF u�, e 11997. PASSED P DAY OF 1997. 119 v J , 5fAYOR 1 4.At'L-(A) I VICE MAYOR LAUREN FURTADO ATTEST: LINDA V. KOSIER,CMC,CITY CLERK BY: VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILWOMAN MONROE COUNCILMAN JABLIN COUNCILMAN CLARK %rot planning:-riwrtr 1mk9705.or A MONROE P C LMti EW JABLIN COUNCILMAN DAVID CLARK APPROVED AS TO LEGAL FORM AND SUFFICIENCY. I zf CITY ATTORNEY AYE NAY ABSENT �25��I i te-4-4• :j NAM, ok za , I "m Milli �1 I'��lll pol, MWINNIMN, AME W\ N , 91 N NO, MEN m ENN immisJ, �,1 \ \ M EN I ------------------ liTE DATA Wid tal ·--·-· ·-~­....... --.- • Clalaolldr-·--·-- 41:1MN:.'" :rl.ON:. 28.3N:. :11.7N:. a.tN:. tz.OAC 2AAC 2t.lllo 14 -N:. ta- 1A ·'" -·'" 21.11!10 3B.1ll tiii.IIAC ...... -~ -llO.W.~ (PUA __ ,., iiJuc iii 2,304.711AC t~ .... -· -· TOTAL ......... .MDU/AC 1.tiDU/AC .IS DUlAC Trolnlng~ CluiiiCU>IIouMA~ 100.000 SF l!lllgo. 3ato<loo, nollo-6D' .............. ,., ""'' .......... ""' Common:ie1 0111co tOI!,OQO SF 111816 ato<loo. not w-70' ComtMn:lal-15,000SF moxa-.not.,.-46' Com!runllyFac:-. to.oooSF ,...2ato<loo,not.,o..-ue· SaiM Center 8,000 SF IT'I8l 2 &tortes, not tl exceed 3S' s l ..,... """ ..... '""·--'"'~'*"<~ __ ...,._ -·-.w--&C.... -Lnll -Syalorta .p-·-LEGEND ol41~ 1530.79 AC/111.4% 325.3CIAC 273.53AC 87T.4AC ~lAC 2B.7 AC -WE11ANDIUPI.AND PRESERVE -Weiland ,_..,., Buffw (StruGlural) ~~~=!~/ =~.?..--...... -......... ...., -Umltsof -Split Weiland p,_., Buller -LAKES (LOW) ISJW Re8IDI!ImAL DENSITY (MED.) MEDIUM FIESlDENTlAI.. DENSilY (HIGH) HIOH RESIDENTIAL DENSFIY -----r~~_g.E..J:;n""AY -PBlESTRfAHIGOl. CART CONIECT10N tA A"t =TT~DRAWINGS) _,_ TA'I'I.ORWOOOAOW CCIMioUiri1E& ,_..__ UAIIANDiiSION6Tl.OIO -M~-.PA ............... _ KrWn' WEMNO DESIGN, INC. IIMIIO~AL KEVIN L I!AWIN CONIIULllNG ECOI.0018T, INC. w..,.,•·•na• 1111 HIGIIINeENGINI!ERIHO.INC. TOIIASELLO CONSULTlNG ENGINEERS, INC. ~,...- MOCK R008 &AS80CIATES _.. _ __, FA2DOOI.F COURSE OESIQNERS,INC. ARI'HUR HIWI GOlF COURSE OElliON.INC. -.-.o D&£Y HORN I A880CIATOII, INC. -GARY Dl'TAICtt &RYAN -IIOCK ROOS &ASIIOCIATE8, INC. -Xtfifol MASTER PLAN PALM BEACH GARDENS, FLORIDA SECTIONS: 32, 33, 34 TOWNSHIP 41, RANGE 42 3, 4, 5 TOWNSHIP 42, RANGE 42 JOB #15029.16 DATE: 11 .20.96 SCALE: 1"-400' REVISIONS: 11.25.96 0 21111' .... 111111' 12.1.96 ··-- 1ill:~~ ., ..... ,_.._... 7.9.97 4.3.98 e.11.98 9.23.98 oe.23.99 05.04.00 s.~.QII 10.5.98 o7.1~.99 oe.o1.oo &.15.98 2.17.99 o1.20.oo oe.1a.oo /J:: ol:fU.fl 18:rt: la:&::81 7.31.98 04.28.99 11.03.99 9.14.98 06.07.99 04.14.00 lib \ OLD MARSH l� 3mwNaniva1Ho m Z6 a � Y Y g YY y is dgg �Y YY YYY Y YYY YY YY @ YYe f3 Jill In � Aga ®r LA, 8 6 � kgkN I Z$ Ala; y� J G° pr9 rin NiJF G ! a L �P wo Rif t CITY OF PALM BEACH GARDENS CITY COUNCIL Growth Management Department Staff Report Meeting Date: June 21, 2001 Date Prepared: June 8, 2001 SUBJECT /AGENDA ITEM Petition PCD -01 -01 — Mirasol PCD Amendment. Workshop /First Reading of Ordinance 18, 2001: A request by Anne Booth of Urban Design Studio, on behalf of Taylor- Woodrow Communities, Inc., for an amendment to the Mirasol Planned Community Development (PCD), to allow for possible reversion of a school site to residential, changing public golf course to private course, including'a re- routing of the eastern golf - course, removing nine -holes of golf and the resulting residential pod re- configuration. RECOMMENDATION Staff recommends approval of the request, subject to conditions of approval. Reviewed by: Originating Dept.: FINANCE: NA P8Z Commission Growth Management: Action: Principal Planner Costs: $ [ ] Approved Karen M. Cra r, I Project ] APP• w/ conditions City Attome Manager [ ] Denied Edward Tom _t� $ [ ] Rec. approval Finance NA Current FY Rec. a w/ conds. [ ] pp• Human Res. NA [ ] Rec. Denial Funding Source: [ ] Continued to: Submitted by: Advertised: Attachments: Growth Date: [ ] Operating • Ordinance 18, 2001 Mana t g [ x ] • Project Narrative Direct _ _ �,� Paper: Other N/A • Old Master Plan Charles K. Wu, AICP • Revised Master [X] Not Required Plan Approved by: • Project Status Affected parties: City Manage Budget Acct. #: Report [ ]Notified N/A [ ]None [ x ] Not Required City Council Meeting Date: June 21, 2001 Date Prepared: June 8, 2001 Petition PCD -01 -01 REQUEST Anne Booth of Urban Design Studio, agent, is requesting an amendment to a Planned Community Development, on behalf of the owner, Taylor- Woodrow Communities at Mirasol, Ltd. Modifications to the PCD include allowing for the possible reversion of the school site to the developer, the changing the public golf course to a private course, re- routing the eastern golf course, and removing nine holes of golf, and the resulting residential pod re- configurations. There will be no change in number of residential units, commercial square footage, location of major parkways, or location of PCD buffers. Mirasol PCD is located between PGA Boulevard and Hood Road on the west side of the Florida Turnpike (3 &4- 42S -42E, 33&34-41S-42E). BACKGROUND The Mirasol Planned Community Development Overlay District (PCD) was originally approved by Ordinance 8, 2000 on May 18, 2000 for 2,143 dwelling units. The City Council has approved eleven residential pods which includes a total of 862 dwelling units. At this time, no Certificates of Occupancy have been issued within the PCD. LAND USE & ZONING The subject site is zoned Planned Community Development with an underlying zoning of RL -3, and has a future land -use designation of RL. The proposed amendments -to the PCD do not affect uses or zoning and are in compliance with the Comprehensive Plan and the Land Development Regulations. CONCURRENCY The PCD amendment proposes no additional square footage or dwelling units; therefore, the amendment is vested for concurrency. The City Engineer has reviewed the proposed amendments and has found that no adverse effects on trip generation is expected. PROJECT DETAILS Buildings No development of additional structures is associated with this petition. Parcel Reconfiguration The applicant is requesting the reconfiguration of several residential parcels as a result of the elimination of nine holes of golf course in the vicinity. The reconfiguration allows for a greater number of residential lots with direct golf course and lake views. is 2 • City Council Meeting Date: June 21, 2001 Date Prepared: June 8, 2001 Petition PCD -01 -01 Recreation The applicant is proposing to eliminate nine of the 45 holes of golf course originally approved with the PCD Master Plan, and to eliminate the public clubhouse and relocate the training facility. As a result, the applicant will expand the private clubhouse site to include the training facility. Site Access The applicant proposes no changes to the Jog Road /Parkway System within the PCD as part of the proposed amendments; however, the applicant will be amending the spine road configuration to create an additional through road from east to west. Signa_ge The approved master signage program is applicable to the amended Master Plan. LandscapingMufferinq The proposed amendment shall provide for an additional 30.7 acres of additional preserve area within the PCD. In addition, the applicant shall enhance the landscaping within the Hood Road right -of -way as part of approval of the amendment. Phasinq The applicant proposes no changes to the phasing schedule as part of the proposed amendment. Drainage The proposed amendment shall provide for an additional 5.33 acres of lakes and canals. Changes made to the PCD Master Drainage System shall be conceptually approved by the City Engineer, Seacoast Utility Authority and South Florida Water Management District prior to City Council approval. Schools The applicant has requested that the proposed school site revert back to the developer, should a contract on the subject school not be let by March 31, 2006. Conditions of Approval The applicant proposes several amendments to the conditions of approval of Ordinance 8, 2001 to update the condition-list to reflect the fact that many conditions have been fulfilled. These changes shall be incorporated in the adopting ordinance for this petition. 3 • • City Council Meeting Date: June 21, 2001 Date Prepared: June 8, 2001 Petition PCD -01 -01 STAFF RECOMMENDATION Staff recommends approval of petition PCD -01 -01 with the following conditions of approval: Within 30 days of City Council approval, the applicant shall submit a detailed landscape plan indicating additional landscaping within the swale area of the Hood Road Parkway right -of -way (Planning and Zoning). In addition to this condition of approval, the staff supports the proposed amendments to Ordinance 8, 2000, which reflect the proposed changes to the PCD Master Plan. The deleted language is staUck thmuo and additional language is underlined. The applicant has also provided a Project Status Report, which reflects the progress the applicant has made satisfying the original PCD Development Order conditions of approval. The applicant has not proposed deleting the original conditions of approval which have been satisfied. PLANNING AND ZONING COMMISSION At its May 8, 2001 meeting, the Planning and Zoning Commission voted unanimously to recommend approval of this application to the City Council. However, the Planning and Zoning Commission had several concerns, including: (1) Proposed re- dedication of the school site to the developer should the school board not let a contract for the construction of the school by March 31, 2006. This date was selected by the applicant because it was five years from the date of this application submittal. This time frame was considered by the developer a reasonable period to allow for the school board sufficient planning for the construction of said school. The Planning and Zoning Commission had a concern about losing publicly dedicated land to a private developer, who would then increase densities within the project. This did not meet the original intent of the developer. Applicant's Response: The applicant has reached an agreement with the School Board to allow for the reversion of the site back to the applicant should the School Board not include the construction of subject school within their five -year plan by March 31, 2006. Subsequently, the site would revert back to the developer should the school board not let a contract out for the construction of the school by March 31, 2008. Should a reversion of the site occur, the applicant would propose residential densities equivalent to the trip rates generateaby the proposed school. 4 • City Council Meeting Date: June 21, 2001 Date Prepared: June 8, 2001 Petition PCD -01 -01 (2) The elimination of the public golf course facility. The Planning and Zoning Commission had serious concerns about this elimination since it was part of the original Mirasol /Golf Digest PCD concept. Staff directed the Commission that the PCD had been amended once since its original approval and that the public course was not part of any public parks dedication that was required of the developer. The applicant is providing significant public parks and Parkway open space as part of the overall development. Additionally, the applicant shall retain the "Golf Digest " training facility at the private clubhouse, as was part of the original concept. Applicant's Response The applicant has stated that it was no longer financially feasible to operate a public golf course at this location due to unreasonable green fees which would be required-to build and maintain such a facility. Given the overall public dedications within the Mirasol PCD, staff has no adverse issues with the elimination of the public golf course. However, this is a significant modification to the original concept of the "Golf Digest" PCD and should warrant discussion with the City Council at the public hearing level. 0 5 Seacoast Utility Authority Mailing Address: P.O. Box 10 Palm Beach Gardens, Florida 33410 -910 -9 602 EXECUTIVE OFFICE June 20, 2001 VIA FAX: 799 -4281 Mr. Edward Tombari Planning and Zoning Division City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Mirasol PCD Amendment Dear Mr. Tombari: We have recently received a copy of the response that Anne Booth of Urban Design Studios submitted to the City in response to comment #2 in our letter dated February 21, 2001 concerning the PCD amendment (copies of both are enclosed). The response does not address the concerns raised in our comment; ie disclosure and a dense landscape buffer do not address potential odor complaints. We have installed an odor control system at the treatment plant that we believe will be effective at the 1100 foot setback from the nearest residential unit. It is doubtful that this odor control system will be effective at the proposed 400 foot setback in the PCD amendment. Accordingly, we are requesting that staff add a condition to the revised Development Order requiring the developer to fund installation of any additional odor control equipment caused by the reduced setback in the proposed PCD amendment. We believe that it would be totally inappropriate for existing Seacoast customers to be required to fund additional odor control equipment that may be necessary to accommodate the PCD amendment. Please call me if you have any questions concerning this matter or require additional information. Sincerely, COAST UTILITY Al.. ORITY Bruce Gregg Director of Operations ad encl C`5 fIFF 191 , NNo- IRE r, cc: R. Bishop } A. Booth JUN 2 9 2001 e' D. Clark S. Donahue J. Harvey LBFti PALM CITY J. Lance - C. Wu 4200 Hood Road, Palm Beach Gardens, Florida 33410 -2174 Phone: Customer Service (561) 627 -2920 / Executive Office (561) 627 -2900 / FAX (561) 624 -2839 • June 7, 2001 ORDINANCE 18, 2001 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR AMENDMENT OF ORDINANCE 8, 2000, THE DEVELOPMENT ORDER FOR THE MIRASOL PLANNED COMMUNITY DISTRICT (FORMALLY KNOWN AS GOLF DIGEST PLANNED COMMUNITY DISTRICT), BY ADOPTING AN AMENDED DEVELOPMENT ORDER; PROVIDING FOR AMENDMENT OF THE MASTER DEVELOPMENT PLAN TO RECONFIGURE GOLF AND RESIDENTIAL DEVELOPMENT PARCELS; PROVIDING FOR MODIFIED CONDITIONS OF APPROVAL; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 15, 1998, the City Council adopted Ordinance 21, 1998, which approved the rezoning of lands located between PGA Boulevard and Hood Road, west of Florida's Turnpike, known as "Golf Digest" to Planned Community District (PCD'); and WHEREAS, on May 8, 2000, the City Council adopted Ordinance 8, 2000, which approved an amendment to the Golf Digest PCD, and WHEREAS, the City of Palm Beach Gardens has received an application from Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership to amend the development order for the Golf Digest PCD; and WHEREAS, the Growth Management Department (the "Department ") - has reviewed said petition and determined that is sufficient; and WHEREAS, the PCD amendment is consistent with the City's Comprehensive Plan and Land Development Regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY -0F PALM BEACH GARDENS, FLORIDA: SECTION 1 The City Council of the City of Palm Beach Gardens, Florida hereby approves the application of Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership, for amendments the approved Golf Digest Planned Community District. The development order, as amended, is herein restated and modified accordingly: 0 1. The master plan is reconfigured to remove 9 holes of golf ; -1- �- 2. Conditions 2, 4, 10, 13, 17, 18, 19c, 19d, 26, 28, 33c, and 34 as adopted by Ordinance 8,2000 are modified herein. In addition, two new conditions have been added to the development order and the conditions have been re- numbered accordingly. 3. Exhibits have been modified to depict 1 and 2 above, as necessary. SECTION 2. The following provisions shall apply in this ordinance: A. For purposes of this ordinance, the term Applicant shall refer to Taylor Woodrow Communities at Mirasol, Ltd., a Florida limited partnership. The Applicant shall be the sole party responsible for the obligations herein, unless such obligations are specifically and expressly assigned by the Applicant, in whole or in part. At such time as the master Property Owner's Association (POA) is duly formed and incorporated, the POA shall be made responsible for those obligations relating to environmental preservation, landscape maintenance, including buffer, parkway and easement areas, and other related aesthetic improvements as shall be agreed upon in the POA documents. B. Development of this project shall be in conformity with all codes, ordinances, rules and regulations of the City as such may be amended from time to time, including, but not limited to, the City's landscape and natural resources requirements SECTION 3. The following waivers are hereby granted with this approval: A. PCD Master Plan Submission Requirements 1. Section 118- 50(2)a6 (total land area/open space) 2. Section 118- 50(2)al5 (signage locations) 3. Section 118- 50(2)n (landscape plan) -2- Subsequent site plan review and approval shall be required for: 1) the location and amount of open �1 space included in each residential and nonresidential area; 2) signage locations; 3) detailed landscape plans in compliance with Chapter 98 for buffers, entrance features and common areas; 4) elevation of landscaping/screening around pump stations; 5) cross- section/landscape plan for road to the Seacoast Utility Authority plant; 6) details on the areas between parcels; and 7) details for common areas or other sites not defined within a parcel (sales center, gatehouse, entrance features). B. Subdivision Design Standards 1. Section 114-213 256 (sidewalks) to allow sidewalks on one side only of streets. Sidewalks shall be installed consistent with the Sidewalk Location Plan. C. Zoning Supplementary Regulations 1. Sections 1. .4 ?E 75 and 87 (height limitations) to allow a maximum potential height of 65' for the office use from the code limitation of 36; 45' for the commercial use 0 from the code limitation of 36'; and 50' for residential high (RH) pods from the code limitation of 45'. SECTION 4. Said Planned Community District is approved subject to the following conditions which are the obligation of the applicant and its successors and/or assigns (the conditions listed in this Section supercede and replace the conditions listed in Section 4 of Ordinance 8,2000): Project Plans and Uses 1. The height of the office use shall be subject to design and site plan review for final determination and shall be limited to no more than 65' from average elevation at the base of the building to the top of the parapet. 2. Prior to the issuance of the first residential building permit, development of commercial retail uses at the 12 -acre commercial parcel will be prohibited. The commercial retail uses -3- W, 1 7_J • shall be those uses identified under the CG -1 - General Commercial District in effect at the time of the adoption of t Lc crd:.s.re Ordinance 8,2000. 3. Lots shall not include parkways, landscape easements or buffers, lake maintenance areas or any water management area, golf course or any other community- serving open space. 4. The gatehouse, sales center and entrance features, including the Golf Club Drive 100- footcross- section, shall undergo site plan review and consideration by the City Council, without review of the Site Plan and Appearance Review Committee. The sales center shall be limited to sales and re -sales of homes within the Golf Digest Mirasol project. The Sales Center- site may subsequently be used by the Mirasol HOA's or by the Golf Club for office or recreational use, or may be sold for low density residential use. 5. Permitted uses within the `community facility' parcel include daycare center, church,— recreation and/or community center,- and municipal government uses. Retail commercial uses are specifically excluded. The uses shall be limited to a total of 10,000 s.f. and 793 total daily trips. 6. Parcel access illustrated on the master plan are conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details. Parcel accesses onto Palm Beach County roadways must also be approved by the County. 7. Public road cross - sections, to be dedicated to Palm Beach County, are conceptual inrnature and shall be subject to joint review by Palm Beach County and Palm Beach Gardens. -4- 1�1 • • 8. At a minimum, the developer shall contract with Seacoast Utility Authority (SUA) for enough reclaimed water to irrigate the golf courses and landscaped areas designed for the PGA corridor. The storage and distribution of the reclaimed water shall be consistent with a surface water management system approved by South Florida Water Management District (SFWMD) and the City. Environmental Preservation and Landscaping 9. The applicant shall maintain all landscaped areas in compliance with landscape maintenance performance standards that may be established by the City Forester. 10. All preserve areas, native vegetation and trees to be preserved shall be identified with protective fencing during construction. The Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant *to Chapter 102- 10(5)e and the approved Preservation/Relocation Plan are protected. 11. Prior to construction plan approval or commencement of land alteration, whichever occurs first, a preservation or relocation plan shall be submitted and approved by the Department for the 12 numerous oak trees, dahoon holly and other native canopy species which exist throughout the property in areas slated for development, i.e., outside the proposed upland and wetland preserve areas. Lighting consistent with a future city- selected design for parkways, if and when necessary according to photometric analysis, shall be installed along all parkway pathways/sidewalks ,concurrent with pathway /sidewalk installation. Lighting plans shall be submitted f� 1. -5- • • review concurrent with the submittal of beautification/landscape plans as outlined in-conditions -13 and 14. 13. Within .c (9; ::cr ** . ninety (90) days of the c-ec „+:.,- a„ +o c.r +1u ___ yaaa ,te.,otcY e; ewer- completion of the construction plans for the widening of PGA Boulevard as required by Condition number 34 or no later than January 31, 2004. The applicant shall submit a PGA Boulevard right -of -way beautification plan, consistent with the PGA Boulevard Corridor Overlay and Parkway Overlay, for City Council approval. Council approval shall include requirements for the timing of the completion of said right -of -way beautification improvements ,.t, �t,.,tt c f +.h-- .. a.ich ...iaxaa vvvaii no awwa .r.�asia arav �uaaiib va Y."..o.. wj uYiv :� °viivaaw wa .�at.vvaaavaa vaa aaav A __c Ph b ..-.. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. 14. Within nine (9) months of the effective date of this amended development order, the applicant shall submit detailed road right -of -way and parkway/buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for City Council approval. Further, landscaping/beautification plans for the North -South Parkway-, from -the north side of the rotary, north of PGA Boulevard, to a line parallel with the southern. boundary of Parcel D, shall necessitate Planning and Zoning Commission review and recommendation prior to City Council consideration. The landscape plans for public roadways shall include conceptual median landscape details. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Common Area Phasing Plan. -6- • • 15. Detailed road right -of -way landscape plans for non - public roadways shall be reviewed and approved by the Department prior to issuance of a permit to construct said road or phase thereof. 16. Prior to commencement of land alteration/construction of any golf courses, a - conceptual landscape plan and grading plan for the entire golf area (fairways /roughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping. 17. Within nine (9) months of the effective date of :r . -ded crac: Ordinancb 8,2000, the applicant shall submit detailed PCD buffer plans for City Council approval. The maintenance of the PCD Buffer landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the Common Area Phasing Plan. 18. There shall be a minimum 25' buffer between all parcels and the adjacent collector road frontage within the = este m-gated residential area (excluding the Mirabella community). 19. Landscape buffers, in addition to the minimum 40' Parkway buffer /easements, shall be provided within development parcels, outside the Parkways, so that the following minimums are achieved: a. There shall be a minimum 15' landscape buffer along 506/6 of the commercial parcels frontage of the North -South Parkway. -7- • b. There shall be a minimum 15' landscape buffer along the non -water frontage -of Parcels 26 (A), 27 (B) and 29 (D) where they abut the North -South Parkway. c. Landscape buffers within development parcels shall be a component of the plan details required by Condition 14. Said landscaping shall be installed concurrent with the adjacent parkway improvements or with the development of each individual parcel, whichever occurs first, except for the commercial parcels which shall be installed with the development of the commercial parcel. During each parcel's site plan review, additional screening, if necessary, will be added to the 15' landscape buffer. d. The 15' landscape buffer maintenance shall be wed the responsibility of the same entity responsible for the parkway landscaping maintenance. 20. All internal buffer details shall be submitted and approved by the Department concurrently with the associated parcel or common area site plan. 21. Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Department approval. — 22. Within twelve (12) months of the effective date of this amended development order, the applicant shall submit a project signage program for City Council approval. 23. All utilities shall be placed underground and within public road rights -of -way, unless specifically approved by the Department. 11:0 24. Native vegetation within the road rights -of -way shall be protected, where possible. Clearing shall not occur until road cross - sections (construction plans) are approved by the Department. In order to receive a clearing permit, the applicant and/or its successors and assigns shall identify for Department approval areas where existing vegetation can be preserved within the road rights -of -way. 25. Prior to burning of vegetative debris, the applicant and successors and/or assigns shall secure all necessary permits and approvals from the City and all other applicable agencies provide at least 48 hours written notice to the governing boards of the Eastpointe Homeowners Association, Old Marsh Homeowners Association and PGA National Property Owners Association. 26. Within 90 days of City Council approval, the applicant shall submit a detailed landscape plan indicating additional landscaping within the swale area of Hood Road Parkway right -of -way (Planning and Zoning). Dedications / Improvements 27. The applicant and/or its successors or assigns shall be responsible to construct a 9100 s.f. fire/police station pursuant to City design requirements on the parcel illustrated on the master plan. Upon completion and issuance of certificate of occupancy, the station shall be dedicated to the City (fully operational with all utilities). Such dedication shall occur prior to issuance of the F st 100a` certificate of occupancy for the project (excluding the sales center, and golf maintenance shed), and/or opening of a golf course, whichever, occurs first. -9- • • • 28. The applicant shall be responsible for park and recreation impact fees in the following manner: a. The applicant and/or its successors or assigns shall construct a 15 -acre park (on the parcel illustrated on the master plan), subject to City design standards, and shall dedicate said improved park to the City prior to issuance of the 500'h residential certificate of occupancy. The park improvements, which may be modified by the City Manager, shall include the following: O a half mile -long jogging trail with vitae course along the perimeter of the site with pedestrian level lighting O 2 lighted multi -use (100 yard x 70 yard) fields O 1 lighted softball field O 6 fenced/lighted regulation sand volleyball courts O 1 1,600 s.f. play structure with safety surface O 2 pavilions and clustered picnic areas, with maintenance storage capabilities and public restrooms at one pavilion O 4 basketball courts • a lighting system adequate to illuminate the four (4) basketball courts • parking lot (lighted) constructed in accordance with city requirements' O landscaping (perimeter and interior), turf and irrigation b. Said park design shall be approved by the City Manager with review by the Parks and Recreation Advisory Board. Upon approval of the Park design, the applicant shall provide a detailed estimate of all costs related to the construction of the Park. Upon dedicatiofi of the 1.5- acre park, the cost of the- park improvements and land shall be credited against park and recreation impact fees due for the project. Construction costs shall be determined by the submission and approval of detailed cost estimates to the Director of Parks and Recreation. In no event shall the credit received be more than 115% of the approved detailed cow e _10- • • plus the agreed'upon fair market value of the land. The agreed upon fair market land value has been determined to be $720,000. Park lighting design and specifications shall be approved by the City, FPL -leased lights shall not be permitted. Parkway improvements and lighting installation shall be the responsibility of the applicant. C. Upon issuance of this amended development order, the applicant is entitled to issuance of up to 499 residential certificates of occupancy without a park and recreation impact fee payment. After the 49901 certificate of occupancy has been issued, no residential building permits shall be issued until the park improvements are complete and the park land has been dedicated to the City. - d. The applicant and/or its successors or assigns shall also provide the City with a cash payment in lieu of improved recreation land equivalent to the 14.5 acres due pursuant to Section 114 -421 of the City's Codes. These monies shall be due prior to issuance of the 1,00001 residential certificate of occupancy and shall be paid to the City in a total lump sum, however, in no event shall the aggregate amount of the park land, park improvement costs and lump sum payment exceed the $2,867,400 impact fee due. 29. The applicant and its successors and/or assigns shall provide the School District of Palm Beach County with a warranty deed for the 32 -acre school site by Dec- ::ber 31,2000 within 60 days of the effective date of this amended Development Order. The developer shall plat and dedicate the school site to the Palm Beach County School District prior to conveyinqg the deed, and shall have satisfied each of the following conditions prior to deed conveyance: a. Applicant to provide a title policy insuring marketable title to the Palm Beach County School District. - 11 - b. All ad valorem real estate taxes and assessments for the year of closing shall be pro -rated at the day of acceptance of the deed for the civic site; acceptance date to be determined by the School District Planning and Real Estate Department. C. School site shall be free and clear of all trash and debris at the time of acceptance of the warranty deed. d. The applicant shall provide perimeter landscaping around the school site including the east boundary in accordance with City requirements prior to the opening of the first school. e. The 90 -foot - parkway, including the pathway, shall be designed and landscaped by the applicant in accordance with City requirements and School District's review and completed prior to the opening of the first school. f. The site shall be a developable site free of environmental constraints - g. Applicant shall provide all retention, detention, and drainage required for any future development of the proposed school site by the School District. Applicant shall specifically address the following issues: 1. The discharge of surface water from the proposed school site into the Applicant's water retention basins. 2. Provide for easements across the Applicant's property from the proposed school site to the retention basins, if required. h. Applicant to prepare school site to build able grade under the School Districts Program Management Department supervision. i. Applicant to provide water and sewer stubbed out to the school site property line. j. Applicant to provide a 15 -foot stabilized easement to provide for secondary access to the elementary and middle schools. -12- • • 11 The Applicant shall provide the School District with an Environmental Assessment Statement, which describes the environmental conditions of the property including Wellfield Protection Zones by Nlov . ber 15, 2000 within 30 days of the effective date of this amended Development Order. If by March 31, 2006, the School Board has not committed to construction of a school as part of the "Five Year Plan" the school site shall be deeded back to the applicant within 90 days. If by March 31, 2006, construction of a school has been included in the "Five Year Plan", a contract must be let and notice to proceed issued for construction of at least one school by March 31, 2008 or the school site shall be deeded back to the applicant within 90 days Use of the school site by the applicant will be for residential use at a density subject to the conversion of traffic capacity reserved for the school site of 1836 net new external trips to a residential equivalent 30. The following conditions shall be satisfied as terms of conditional concurrency certification: a. No more than 10,367 net new external daily trips shall be generated from the referenced project prior to widening Alternate AIA to a 6 -lane roadway from Hood Road to PGA Boulevard. b. No greater than 17,504 net new external daily trips shall be generated from the referenced project prior to the construction of a second eastbound left turn lane and a second westbound left turn lane at the intersection of Donald Ross Road and Alternate AIA. C. With regard to Hood Road and Alternate AIA intersection improvements: 1. No more than 10,367 net new external trips shall be generated from the referenced project until a signal warrant analysis has been performed for the intersection of Hood Road and Alternate AlA. This signal warrant -13- , shall be continued on an annual basis until the signal is warranted or buildout of the referenced project, whichever occurs first. The analysis shall be submitted to and approved by the City. 2. An intersection capacity analysis shall be performed to determine the need for additional turn lanes including, but not limited to, second northbound left turn lane and second eastbound right turn lanes. 3. Within six (6) months of the analysis showing the signal is warranted at the intersection, a contract shall be let and a notice to proceed shall be issued for installation of a traffic signal at this intersection including all appropriate lane geometry (as determined in the above referenced intersection capacity analysis), pavement markings, signage, lighting, etc., as approved. Said installation shall be completed and fully operational within 6 months of the letting of the contract. 4. Compliance with Palm Beach County Traffic Performance Standards is contingent upon restricting membership to the private golf course(s) to residents of the development. Modification to the private status of the golf course(s) shall require a Development Order modification and shall require the review and approval of the Palm Beach County Traffic Division. 31. The following shall be the required lane geometry and signalization at the project entrances. The specified improvements shall be completed concurrent with each project entrance. a. Hood Road and Project Entrance: Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Through Lane Westbound 1 Left -Turn Lane 1 Right -Turn Lane -14- , b. PGA Boulevard and East Project Entrance: Traffic Signal Northbound 1 Through Lane 1 Right -Turn Lane _ Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 2 Through Lanes 1 Left Turn Lane Westbound 1 Left -Turn Lane 2 Through Lanes _ 1 Right -Turn Lane c. PGA Boulevard and West Project Entrance: Traffic signal if warranted on or before the specified build -out date contained in the traffic impact analysis prepared by Kimley -Horn and included as Exhibit number 13. Northbound 1 Through Lane _ 1 Right -Turn Lane Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 1 Left -Turn Lane 1 Through Lane 1 Right -Turn Lane , Westbound 1 Left -Turn Lane 1 Through Lanes 1 Right -Turn Lane Further, subject to DOT approval, a pedestrian cross -walk crossing PGA Boulevard shall be provided at the Ryder Cup Boulevard/westem project entrance. 32. The 200 -foot rotary section geometry, striping and signage shall be approved by the City Engineer during construction plan review. -15- U-] • • 33. No more than 16,733 net new external daily trips shall be generated from the referenced project until the following improvements are constructed at the intersection of Prosperity Farms Road and PGA Boulevard: Dual left turn lanes East and West Approach. 34. a. In order to comply with the mandatory Traffic Performance Standards, the applicant shall fund and/or cause commencement of the construction (let a contract and issue a notice to proceed) of PGA Boulevard as a four lane divided roadway on or before January 31, 2004 or prior to issuance of building permits which generate-more than 17,276 net new external daily trips based upon the traffic impact analysis prepared by Kimley Horn, referenced as exhibit 13 in Section 4 of this ordinance, whichever occurs first. The applicant shall prepare the construction plans for the four laning of PGA Boulevard from the Avenue of the Champions to Ryder Cup Boulevard and-obtain the necessary permits in a time frame to allow the road construction to commence on or before January 31, 2004 or prior to issuance of building permits which generate more than 17,276 net new external daily trips, whichever occurs first. The applicant shall enter into an escrow agreement with Palm Beach County that will cause to be placed in an escrow account road impact fee monies which are due at the time of obtaining building permits for development within the project. The monies accumulated in the escrow account will be used to fund the plans preparation and construction costs•of the road improvement. — b. If the monies in the escrow account are insufficient to adequately fund plans preparation and/or construction costs, the applicant will advance the payment of road impact fee monies and any other monies sufficient to cover the necessary expenditures. C. To guarantee plans preparation and construction of the four lane PGA — Boulevard improvement, the applicant may request that the existing sufety %ith the4 -16- LLV has provided and shall maintain surety Y: cA to Palm L VLV4LJV4 LMVL LV L4V V11LV Beach County which is in a form acceptable to the City and which eYY:en:L�Lcte:y retains the City's interest in said surety and which -h- -.1 is in the amount of 110 percent of the estimated cost for plans preparation and construction of the PGA Boulevard four lane improvement until construction is complete. The amount of the surety may be reduced as work is completed as provided for in the surety documents. 35. The applicant shall dedicate the Jog Road right -of -way by October 31, 2000 or upon recordation of the first residential plat, whichever occurs first. Jog Road Right -of -way landscaping shall remain the installation and maintenance responsibility of the applicant and/or its successor and assigns. 0 36. During the course of development, all property within the PCD shall be platted. • Surface Water Management 37. No construction of any portion of the surface water management system shall be undertaken without first submitting to the City's plans, specifications, and supporting computations for review and approval by the City. 38. Any proposed changes to the South Florida Water Management District Conceptual Surface Water Management permit shall be concurrently submitted to the City for review and City approval. -17- 39. The applicant has represented to the City and to South Florida Water Management District that the project area will be a unit of the Northern Palm Beach County Improvement District. Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), all criteria required by law to assess, operate, and maintain said unit must be confirmed in writing to the City by Northern Palm Beach County Improvement District. 40. The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution prevention plan and identification of appropriate Best Management Practices (BUT) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection 'and maintenance of controls during construction, and submission of a storm water Notice of Termination. 41. The applicant shall diligently process its application to SFWMD ( SFWMD #990129 -8) for a water use permit to withdraw, via pump, 10.4 MGD Maximum Daily Flow (MDF) from the C- 18 Canal/Uoxahatchee Slough into the project lakes. This application shall be consistent with (1) the water use permit issued to SUA to increase the allocation for the Hood Road Wellfield from 10.4 MGD Average Annual Daily Flow (AADF) up to 13.8 MGD AADF and (2) the augmentation of groundwater /wellfield recharge. 42. The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to East Pointe, Old Marsh, Hood Road, PGA Boulevard, and the Turnpike. If� - ts- • • • 43. 44 45. 46. time during project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and in a manner acceptable to the City. Until such time as a water use permit for a minimum rate of 7.0 MGD MDF, or such lesser amount agreed to by the applicant, SFWMD, City Engineer and SUA, is issued to the Applicant by SFWMD to provide water from the C- 18/Loxahatchee Slough (the "Water Use Permit") to the project and facilities are constructed and operational to transfer said water into the water management system consistent with the ERP, the existing east/west canal or an approved equivalent alternate gravity conveyance acceptable to SFWMD and the City (the "Gravity System "), shall remain in service as a recharge facility to SUA's Hood Road wellfield. Any temporary construction associated with phasing the proposed surface water management system improvements shall be undertaken so as not to impact native vegetation in designated buffer areas, preserve areas, and parkway areas. All areas designated for maintenance of the surface water management system shall be no less than 20' wide (minimum) with graded slopes no steeper than 8:1 (horizontal:vertical), or as may be otherwise required by the Northern Palm Beach County Improvement District. No construction or landscaping shall be permitted in the maintenance areas that will in any way restrict, impede, or otherwise limit the use of these areas for their intended purpose. Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, the applicant shall provide surety acceptable to the City in the amount of 1100/0 of the estimated cost of constructing the surface water management system include -19- South Florida Water Management District Conceptual Environmental Resource permit for this project. 47. Prior to issuance of building permits for construction of residential homes, golf club facilities and/or commercial areas, a contract shall be let and a notice to proceed shall be issued by the applicant for construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved so that in the event the project is temporarily delayed or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the Surface Water Management System has been completed, certified by the 0 - engineer of record, and determined acceptable by the City Engineer, Northern Palm Beach County Improvement District (NPBCID), and SFWMD. 48. No construction/land alteration shall occur until a environmental resource permit for construction and operation of the water management system, or portions thereof are issued by SFWMD and approved by the City. 49. If necessary and beneficial, as determined by the City Engineer, the Applicant and/or NPBCID shall implement the "Isolated Lake Plan" contained in the conceptual ERP and shown on the attached exhibit entitled 1999 Conceptual Water Management Plan Revision #9 and dated 3- 27 -00 when directed by the City Engineer. 50. The water management system shall be designed to accommodate and accept a minimum of 8.1 cfs of discharge from the Turnpike drainage system into the Golf Digest project until s -20- • • • as an alternative discharge route is available outside the project (to be provided by others) or a discharge is not necessary as determined by the City Engineer, and subject to Condition No. 42. Additionally, the conveyance system will gate off flows into the Turnpike ditches when water levels exceed 15.0' NGVD or as otherwise set forth in an operational schedule to be formulated by the City, SUA and NPBCID and as permitted by SFWMD. The structure will be operated by NPBCID. If necessary, as determined by the City Engineer, a pump shall be installed by the applicant and/or NPBCID to accept the Turnpike discharge. 51. The water management system shall continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City. Water surface elevations determined from the dynamic model analysis shall prevail and supersede those contained in the SFWMD conceptual Environmental Resource Permit. A building permit for a permanent sales center may be issued when the results of the dynamic model are accepted by the City. Water and Sewer 52. The existing 10" SUA PVC reclaimed water main, located in the PGA Blvd. Right -of -way, shall be relocated concurrent with the project's PGA Boulevard improvements. The location of the main shall be coordinated with the City Forester, prior to final approval of the construction plans, to avoid conflicts, where possible, with landscaping. 53. Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), applicant shall provide do -21- MM • • • satisfactory to the City and Seacoast Utility Authority (SUA) that modifies Condition number 30 in the conceptual South Florida Water Management District (SFWMD) permit and Condition #9 in the COE Permit such that it clearly allows SUA the right to access, operate, maintain and repair the utility lines in the area known as Nursery Lane without having to obtain any additional permits to work in and/or disturb designated preservation areas; reference Application drawing number 41- 2 -32 -21 as prepared by Mock -Roos and dated September, 1999. 54. Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), the applicant shall" conclude arrangements mutually satisfactory to the developer, SUA and the City that provide an easement or right -of -way for the construction and operation and access for maintenance and repair of a transmission main from the Northwest corner of the SUA WWTP site to Hood Road. 55. NPBCID Plan of Improvement for this project shall include all elements of the master surface water management system including but not limited to the mitigation plan, isolated lake plan and turnpike pumping station. Said plan of improvements meeting this requirement and adopted by NPBCID shall be supplied to the City prior to issuing the ' 1S` building permit, excluding infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, and entry features. (landscape, project identification walls and the like) 56. Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gateho -22- • features (landscape, project identification walls and the like), the applicant shall: (1) modify the conceptual ERP to include acceptance of drainage from the SUA WWTP site including wet P g $ weather discharge from the percolation ponds and (2) provide assurance acceptable to the City that the existing conditions of drainage for the `Bonnett Property" and Hood Road are not negatively impacted by the development of the project. 57. Upon receipt of all necessary approvals (the cost of which shall be born by the applicant as a "cost to cure ") and prior to acceptance of the surface water management system, or any portion thereof, by NPBCID and the City, the applicant shall construct a water control structure for the SUA WWTP and fill the SUA WWTP site to a minimum elevation of 17.5 NGVD or as otherwise determined from the dynamic model and (2) relocate the existing SUA WWTP perimeter landscaping or implement an alternative landscape plan acceptable to the City. 58. The access road to SUA treatment plant site shall be designed to local road specifications with a minimum crown of road to be at a level of flood protection consistent with a 25 year, one day storm. 59. The applicant and/or NPBCID shall furnish and install continuous lake stage recorders including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders _ and telemetry equipment shall be configured such that the City shall have the capability to install separate transmitters to monitor lake stages. Installation shall be concurrent with the acceptance of the water management system by NPBCID for all, or any portion of the system. The locations and number of stage recorders shall be in accordance with a monitoring plan 0 mutually acceptable to the City and NPBCID. -23- 60. Prior to the City's acceptance of the dynamic model of the surface water management system, the drainage areas (1) stated in the SFWMD conceptual environmental resource permit, (2) as shown on the 1999 Conceptual Water Management Plan, Revision #9 and dated 3- 28 -00, and (3) included in the Conceptual Water Management Calculations must be reconciled to the satisfaction of the SFWMD and the City. 61. As a requirement, a sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. Public Safety 62. The applicant and/or its successor and assigns shall provide on -site private security until the roadways are completed to deter construction theft. _ 63. Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City's Crime Prevention Division shall. be utilized during the site planning of the development parcels. _ 64. The applicant and/or its successor and assigns shall provide a stabilized road base, subject to City standards, for fire /emergency access to each development parcel prior to the start of construction within said parcel. _ isDisclosure -24- 65. Pursuant to School Board requirements, a sign shall be posted in all sales offices /model homes ewhich provides notice of annual school boundary assignments for students of this project. This 11 "x17" notice shall be provided by the School Board. 66. A prominent statement, such as the one shown below, shall be included in sales and marketing materials and property owners association documents: Golf Digest (or specific property location) is located within 4.5 miles of North County Airport, a general aviation reliever airport. Airplanes operating to, from and/or near North County Airport will be noticeable and airplane noise may be objectionable. 67. A disclosure shall be included in sales and marketing materials and proper owner's association documents which identifies that the N -S Parkway and E -W Parkway will be dedicated to Palm Beach County in the future, and that these thoroughfares have the potential of becoming six -lane facilities. The disclosure document shall be approved by resolution of the City Council prior to the first residential sale. 68. Disclosure shall be provided to all potential home buyers and a statement shall be contained in all property owners association documents and initial sales documents which identifies the proximity of the Seacoast Utility Authority Wastewater Treahnent Facility and the potential odors that may be emitted therefrom. The disclosure document shall be approved by resolution of the City Council prior to the first residential sale. 69. A prominent statement acceptable to the City shall be recorded into the public records of Palm Beach County and contained in all property owners association documents and sales documents which identifies that the levels of all water bodies in the surface water management system may fluctuate dramatically during very wet or very dry periods and that the priority purpose of these -25- water bodies is to fulfill surface water management, not aesthetics. The disclosure document shall be recorded and approved by resolution of the City Council prior to first residential sale and subsequently recorded in the public records. Performance Standards 70. The golf course(s) shall be designed and constructed by a nationally- recognized golf entity for the first five (5) years of operation, and maintained at the direction of a head golf professional who shall be a class "A" member of the Professional Golfer's Association of America or other national certification of equal value, who shall have at least five (5) years of experience in the Southern region. The golf management services/administration personnel shall include professional turf consultants, entomologists, plant biologists and such other professional specialists required to care and maintain the course(s). 71. Prior to the issuance of the first residential building permit, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. Buildout 72. Consistent with Chapter 118 -46, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, and dedication of facilities, rights -of -way and easements shall be completed prior to December 31, 2004. Time extensions are subject to the criteria set forth in Chapter 118 of the City's Land Development Regulations, and a 26 extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the buildout of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order. Monitoring 73. An annual report shall be submitted to the Growth Management Department by February Fourteenth of each year, until the project has reached buildout, that describes the project's current status and compares its progress with the provisions of the development order. SECTION 5. Construction of the Planned Community District shall be in compliance with the following plans on file with the City's Growth Management Department: 1. June 7, 2001 Master Plan, Urban Design Studio, 1 Sheet. 2. June 7, 2001 Common Area Phasing Plan, Urban Design Studio, 1 Sheet 3. June 7, 2001 Development Phasing Plan, Urban Design Studio, 1 Sheet 4. January 21, 1997 Hood Road Perimeter Buffer, Urban Design Studio, I Sheet 5. May 20, 1998 Littoral Planting Adjacent to Selected Areas, Urban Design Studio, 1 Sheet 6. April 11, 2000 North -South Parkway System, Urban Design Studio, 1 Sheet 7. October 13, 1999 PGA Boulevard & East West Parkway System, Urban Design Studio, 1 Sheet 8. November 15, 1999 Roadway /Access Easement Sections, Urban Design Studio, 1 Sheet 9. April 6, 2001 Roadway / Buffer Section Location Map, Urban Design Studio, 1 Sheet 10. (A) October 13, 1999 Roadway / Buffer S ections -- Section A -Al', A -A2' & B -B', Urban Design Studio, 1 Sheet -27- • • (B) October 13, 1999 Roadway / Buffer Sections -- Section C -C' & Di-D', Urban Design Studio, 1 Sheet (C) October 13, 1999 Roadway / Buffer Sections -- Section E -E' & F -F, Urban Design Studio, 1 Sheet (D) November 15, 1999 Roadway / Buffer Sections -- Section G -G', H -H' & I -I', Urban Design Studio, 1 Sheet (E) September 24, 1998 Roadway/Buffer Section - East -West & North -South Parkway 4 Lane Ultimate ROW, Urban Design Studio, 1 Sheet 11. September 29, 1997 Seacoast Utility Site Buffer (Scheme A &B), Urban Design Studio, 1 Sheet 12. June 7, 2001 Sidewalk Location Map, Urban Design Studio, 1 Sheet r 13. July, 1998, as revised July 30, 1998, September 2, 1998, and by the October 7, 1998 `growth rates revision' letter to Dan Weisberg from Joseph Pollock„ Jr. Traffic Impact Analysis - Golf Digest - Palm Beach Gardens, Kimley -Horn and Associates, Inc., 46 Pages. 14. July 12, 1999 Typical Residential Buffer Plan (40' Parkway & 15' Buffer), Urban Design Studio, 1 Sheets. 15. July 12, 1999 Typical Residential Buffer Section (40' Parkway & 15' Buffer), Urban Design Studio, 1 Sheets. 16. October 13, 1999 Typical Parkway 4 lane Ultimate R -O -W Section, Urban Design Studio, 1 Sheet: 17. September, 1999 Typical Maintenance Pathway Section, Mark Roos and Associates, Sheet 3 of 3. 18. March 1996 AERIAL, 1 Sheet 19. March 11, 1996 TOPO, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 20. August 31, 1996 Boundary Survey, MockRoos, Engineers. Surveyors. Planners, 2 Sheets 21. November 21, 1996 Seacoast Utilities Hood Road Wellfield Location Map, Howard L. Searcy Consulting Engineers, Inc., 1 Sheet -28- 22. October 1996 Preliminary Market Overview, Cotton & Company, 7 pages +August 1996, Palm Beach County Market Study, WCI Communities, 40 Pages 23. November, 1996 Application for Alternation of Environmentally Significant Lands Environmental Assessment, Kevin L. Erwin Consulting Ecologist, Inc., 15 Pages + Map A Site Location Map, Higgins Engineering, Inc., 1 Sheet Map B Aerial Photography, 1 Sheet Map C Existing Terrestrial And Aquatic Vegetation. Map D Preservation Plan, 1 Sheet Map E USDA/SCS Soils Map, Higgins Engineering, Inc., 3 Sheets 24. April 30, 1997 Environmental Review of the Proposed Golf Digest PCD, James F. Schnelle, JR., PE, 14 Pages 25. March 28, 1995 South Florida Water Management District Jurisdictional Determination for Parcels 0 18 and 30 of the MacArthur Foundation & Vegetation Map, Kevin L. Erwin Consulting Ecologist, Inc., 11 Sheets 26. December 20, 1996 Interim Report Water Level Monitoring Results, DunkelbergerEngineering & Testing, Inc., 5 Pages 27. November 1, 1996 Eastern Retained Property Relative Wetland Quality Map, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 28. November 12, 1996 Eastern retained Property Refined Plan Wetland Impact Analysis, Kevin L. Erwin Consulting Ecologist, Inc., 1 Sheet 29. January 8, 1997 Loxahatchee Slough, Higgins Engineering, Inc., 26 Pages 30. January 28, 1997 received by City of P.B.G., Eastern Retained Property Refined Plan Wetland Impact Analysis By FLUCFCS, 4 Pages 31. March 18, 1997 received by City of P.B.G., Eastern Retained Property Project Wetland (WL) And Other Surface Water (SW) Summary, 8 Pages -29- 32. January 17, 1997 Eastern Retained Property Vegetation And Listed Wildlife Species Map, Kevin L. 0 Erwin Consulting Ecologist, Inc., 1 Sheet 33. March 18, 1997 received by City of P.B.G. Coverage By Exotic Species Within The Eastern Retained Property, The Loxahatchee Slough, the Eastern Retained Parcel and Loxahatchee Slough, 5 Pages 34. March 16, 1995 U.S. Corps of Engineers Jurisdictional Determination for Parcels 18 and 30 of the MacArthur Foundation ( Deter. No. 199501610) & Vegetation Map, Kevin L. Erwin Consulting Ecologist, Inc., 11 Sheets 35. November 11, 1996 Mitigation Areas Map, Kevin L. Erwin Consulting-Ecologist, Inc., 1 Sheet 36. November 12, 1996 Eastern Retained Property Site And Preservation Plan, Kevin -L. Erwin Consulting Ecologist, Inc., 1 Sheet 37. June 22, 1999 PGA Boulevard Roadway Sections, Urban Design Studio, 1 Sheet. 38. August 2, 1999 Typical Parkway Buffer, Water Management Tract Adjacent to Preserve or Golf Course and Commercial Parcels, Krent Wieland Design, Inc., 1 Sheet. — 39. August 2, 1999 Typical Parkway Buffer, Water Management Tract adjacent to Residential Parcel, Krent Wieland Design, Inc., 1 Sheet. 40. October 28, 1999 Parkway Buffer, Water Management Tract Adjacent to Turnpike (4 sheets), Krent Wieland Design, Inc., 1 Sheet 41. Golf Digest 1999 Conceptual Water Management Plan and Details (3 sheets), Higgins Engineering, Inc, Sheet 1 dated March 27, 2000, Sheet 2 dated February 9, 2000, Sheet 3 dated April 12, 2000 42. April 11, 2000 SFWMD Staff Report, 39 pages, 25 exhibits 43. April 13, 2000 SFWMD Staff Report Addendum, 2 pages, 2 exhibits 44. May 3, 2000 Army Corps of Engineer Permit, Cover Sheet 45. April 20, 2000 South Florida Water Management District Permit, Cover Sheet 46. May 17, 2000 Northern Palm Beach County Improvement District Permit, Cover Sheet -30- • • 47. July, 1999 Littoral Zone Plantings Master Plan, Mock Roos, 1 Sheet SECTION 6. The final approval of any on -site and/or off -site plans for improvements shall require the applicant to deposit with the City Manager surety in the amount prescribed by the City, in accordance with industry standards for the purposes of assuring the completion of all improvements including on -site roadways, drainage, utility improvements, common area landscaping/buffer and entry features. The required documentation thereof shall be in requisite form and approved by the City Manager. The executed mylar of a plat shall not be accepted until the required bond, letter of credit or deposit is filed with and approved by the City Manager in accordance with industry standards. The amount of the surety shall be in an amount to be determined by the City Engineer and City Forester to be sufficient to assure completion of the required improvements. From time to time, as improvements are completed and approved by the City of Palm Beach Gardens, the City Manager may reduce the amount of the surety by a proportionate amount. SECTION 7. If any part or portion of this Ordinance is found to be void or defective, the remainder of the Ordinance shall continue in full force and effect. SECTION 8. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION 9. This Ordinance shall be effective upon adoption. PLACED ON FIRST READING THIS DAY OF 2001. PLACED ON SECOND READING THIS DAY OF 2001. PASSED AND ADOPTED THIS DAY OF MAYOR JOSEPH R. RUSSO -31- 2001. VICE MAYOR ERIC JABLIN 0 COUNCILWOMAN LAUREN FURTADO COUNCILMAN DAVID CLARK COUNCILMAN CARL SABATELLO ATTEST BY: CAROL GOLD, CMC CITY CLERK APPROVED AS TO LEGAL FORM AND SUFFICIENCY BY: CITY ATTORNEY VOTE: MAYOR RUSSO VICE MAYOR JABLIN COUNCILMAN CLARK COUNCILWOMAN FURTADO COUNCILMAN SABATELLO AYE NAY ABSENT -32- • CONDITIONS STATUS As of 6/05/01 CONDITION #1 The height of the office use shall be subject to design and site plan review for final determination and shall be limited to no more than 65' from average elevation at the base of the building to the top of the parapet. STATUS: ONGOING CONDITION #2 Prior to the issuance of the first residential building permit, development of commercial retail uses at the 12 -acre commercial parcel will be prohibited. The commercial retail uses allowed shall be those uses identified under the CG -1 - General Commercial District in effect at the time of the adoption of Ordinance is 8,2000. STATUS: ONGOING CONDITION #3 Lots shall not include parkways, landscape easements or buffers, lake maintenance areas or any water management area, golf course or any other — community- serving open space. STATUS: ONGOING CONDITION #4. The gatehouse, sales center and entrance features, including the Golf Club Drive 100 -foot cross - section, shall undergo site plan review and consideration by the City Council, without review of the Site Plan and Appearance Review Committee. The sales center shall be limited to sales and re -sales of homes within the Mirasol project. Use of the Sales Center site may subsequently be used by the Mirasol HOA's or Golf Club for office use, or recreational use, or may be sold for low density residential use. STATUS: ONGOING - Site plan for sales center /gatehouse approved 7/20/2000. Site plans for Golf Club Drive 100 cross section/Gatehouse approved 7/20/2000. CONDITION #5 Permitted uses within the `community facility' parcel include daycare center, church, recreation and/or community center, and municipal government uses. Retail commercial uses are specifically excluded. The uses shall be limited to a total of 10,000 s.f. and 793 total daily trips. STATUS: ONGOING CONDITION #6 Parcel access illustrated on the master plan are conceptual in nature and shall be subject to site plan review and modification for geometry, operational and safety design details. Parcel accesses onto Palm Beach County roadways must also be approved by the County. STATUS: ONGOING CONDITION #7 Public road cross - sections, to be dedicated to Palm Beach County, are conceptual in nature and shall be subject to joint review by Palm Beach County and Palm Beach Gardens. STATUS: COMPLETE, Plat One (Jog Road) approved by Resolution 115,2000, CONDITION #8 At a minimum, the developer shall contract with Seacoast Utility Authority (SUA) for enough reclaimed water to irrigate the golf courses and landscaped areas designed for the PGA corridor. The storage and distribution of the reclaimed water shall be consistent with a surface water management system approved by South Florida Water Management District (SFWMD) and the City. STATUS: COMPLETE - Developer has contracted for 1.3 mgd of reclaim water per agreement with Seacoast Utility Authority dated 1/18/1999. ! Environmental Preservation and Landscaping CONDITION #9 The applicant shall maintain all landscaped areas in compliance with landscape maintenance performance standards that may be established by the City Forester. STATUS: ONGOING CONDITION #10 All preserve areas, native vegetation and trees to be preserved shall be identified with protective fencing during construction. The Department shall conduct a site visit prior to commencement of land alteration or clearing to confirm that the areas identified pursuant to Chapter 102- 10(5)e and the approved Preservation/Relocation Plan are protected. 0 STATUS: ONGOING CONDITION #11 Prior to construction plan approval or commencement of land alteration, whichever occurs first, a preservation or relocation plan shall be submitted and approved by the Department for the numerous oak trees, dahoon holly and other native canopy species which exist throughout the property in areas slated for development, i.e., outside the proposed upland and wetland preserve areas. STATUS: COMPLETE - Memo dated 10/3/00 signed by Mark Hendrickson on 10/16/00 CONDITION #12. Lighting consistent with a future city - selected design for parkways, if and when necessary according to photometric analysis, shall be installed along all parkway pathways /sidewalks concurrent with pathway /sidewalk installation. Lighting plans shall be submitted for City review concurrent with the submittal of beautification/landscape plans as outlined in conditions 13 and 14. STATUS: ONGOING - Lighting Plans submitted as part of Jog Road Construction and Parkway Landscape Plans approved by Resolution 29,2001. CONDITION #13. Within ninety (90) days of the completion of the construction plans for the widening of PGA Boulevard as required by Condition number 33 or no later than January 31, 2004 the applicant shall submit a PGA Boulevard right -of -way r ' 0 beautification plan, consistent with the PGA Boulevard Corridor Overlay and Parkway Overlay, for City Council approval. Council approval shall include requirements for the timing of the completion of said right -of -way beautification improvements. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. STATUS: ONGOING CONDITION #14. Within nine (9) months of the effective date of this amended development order, the applicant shall submit detailed road right -of -way and parkway/buffer landscape plans for all public roads and adjacent common space areas, including pump station screening, for City Council approval. Further, landscaping/beautification plans for the North -South Parkway, from the north side of the rotary, north of PGA Boulevard, to a line parallel with the southern boundary of Parcel D, shall necessitate Planning and Zoning Commission review and recommendation prior to City Council consideration. The landscape plans for public roadways shall include conceptual median landscape details. The maintenance of the landscaping shall be the obligation of the applicant and/or its successors and assigns. Said landscaping shall be installed consistent with the Common Area Phasing Plan. STATUS: COMPLETED - Approved by Resolution 29, 2001. CONDITION # 15 • Detailed road right -of -way landscape plans for non - public roadways shall be reviewed and approved by the Department prior to issuance of a permit to construct said road or phase thereof. STATUS: ONGOING CONDITION # 16 Prior to commencement of land alteration/construction of any golf courses, a conceptual landscape plan and grading plan for the entire golf area (fairways /roughs, cart path areas, etc.) to be constructed shall be reviewed by the Department, in consultation with the City Environmental Consultant. The plans shall detail and locate all golf cart and maintenance pathways, bridges, golf course structures, utility easements, vegetation to be preserved or relocated, and new landscaping. STATUS: ONGOING - 1" course approved, second course plans being prepared for approval pending approval of amended Master Plan. - CONDITION # 17 Within nine (9) months of the effective date of Ordinance 8,2000 the applicant shall submit detailed PCD buffer plans for City Council approval. The maintenance of the PCD Buffer landscaping shall be the obligation of the applicant and/or its successors and assigns. Buffers shall be installed consistent with the Common Area Phasing Plan. STATUS: COMPLETED - Approved by Resolution 29,2001 CONDITION #18 • C7 • There shall be a minimum 25' buffer between all parcels and the adjacent collector road frontage within the gated residential area (excluding the Mirabella community).. STATUS: ONGOING CONDITION #19 Landscape buffer, in addition to the minimum 40' Parkway buffer /easements, shall be provided within development parcels, outside the Parkways, so that the following minimums are achieved: a. There shall be a minimum 15' landscape buffer along 50% of the commercial parcels frontage of the North/South parkway. STATUS: ONGOING b. There shall be a minimum 15' landscape buffer along the non -water frontage of Parcels A, B and D where they abut the North/South parkway. STATUS: Plans approved by Resolution 29,2000 C. Landscape buffers within development parcels shall be a component of the plan details required by Condition 14. Said landscaping shall be installed concurrent with the adjacent parkway improvements or with the development of each individual parcel, whichever occurs first except for the commercial parcels which shall be installed with the development of the commercial parcel. During each parcel's site plan review, additional screening, if necessary, will be added to the 15' landscape buffer. STATUS: ONGOING d. The 15' landscape buffer maintenance shall be the responsibility of the same entity responsible for the parkway landscaping maintenance. STATUS: ONGOING CONDITION #20 All internal buffer details shall be submitted and approved by the Department concurrently with the associated parcel or common area site plan. STATUS: ONGOING CONDITION #21 Preserves and buffers shall be unencumbered by maintenance, utility or drainage easements, except as otherwise approved in the cross - sections or as may be permitted in certain locations subject to Department approval. STATUS: ONGOING CONDITION #22 Within twelve (12) months of the effective date of this amended development order, the applicant shall submit a project signage program for City Council approval. STATUS: COMPLETED - Approved by Resolution 56,2001 CONDITION #23 All utilities shall be placed underground and within public road rights -of -way, unless specifically approved by the Department. STATUS: ONGOING -- CONDITION #24 • Native vegetation within the road rights -of -way shall be protected, where possible. Clearing shall not occur until road cross - sections (construction plans) are approved by the Department. In order to receive a clearing permit, the applicant and/or its successors and assigns shall identify for Department approval areas where existing vegetation can be preserved within the road rights -of -way. STATUS: ONGOING CONDITION #25 Prior to burning of vegetative debris, the applicant and successors and/or assigns shall secure all necessary permits and approvals from the City and all other applicable agencies provide at least 48 hours written notice to the governing boards of the Eastpointe Homeowners Association, Old Marsh Homeowners 0 Association and PGA National Property Owners Association. STATUS: ONGOING CONDITION #26 Within 90 days of City Council approval, the applicant shall submit a detailed landscape plan indicating additional landscaping within the swale area of Hood Road Parkway right -of -way. _ STATUS: ONGOING Dedications / Improvements CONDITION #27 The applicant and/or its successors or assigns shall be responsible to construct a 9100 s.f. fire /police station pursuant to City design requirements on the parcel Sillustrated on the master plan. Upon completion and issuance of certificate of • occupancy, the station shall be dedicated to the City (fully operational with all utilities). Such dedication shall occur prior to issuance of the 100th certificate of occupancy for the project, (excluding the sales center, and golf maintenance shed), and/or opening of a golf course, whichever occurs first. STATUS: ONGOING - Fire Station approved by Resolution 92,2000, currently under construction. CONDITION #28 The applicant shall be responsible for park and recreation impact fees in the following manner: a. The applicant and/or its successors or assigns shall construct a 15 -acre park (on the parcel illustrated on the master plan), subject to City design standards, and shall dedicate said improved park to the City prior to issuance of the 500th residential certificate of occupancy. The park improvements, which may be modified by the City Manager, shall include the following: O a half mile -long jogging trail with vitae course along the perimeter of the site with pedestrian level lighting — O 2 lighted multi -use (100 yard x 70 yard) fields O 1 lighted softball field O 6 fenced/lighted regulation sand volleyball courts O 1 1,600 s.f. play structure with safety surface O 2 pavilions and clustered picnic areas, with maintenance storage capabilities and public restrooms at one pavilion O 4 basketball courts O a lighting system adequate to illuminate the four -(4) basketball courts O parking lot (lighted) constructed in accordance with city requirements O landscaping (perimeter and interior), turf and irrigation b. Said park design shall be approved by the City Manager with review by the Parks and Recreation Advisory Board. Upon approval of the Park design, the applicant shall provide a detailed estimate of all costs related to the construction of the Park. Upon dedication of the 15 -acre park, the cost of the park improvements and land shall be credited against park and recreation impact fees due for the project. Construction costs shall be determined by the submission and approval of detailed cost estimates to the Director of Parks and Recreation. In no event shall the credit received be more than 115% of the approved detailed cost estimates plus the agreed upon fair market value of the land. The agreed upon fair market land value has been determined -to be $720,000. Park lighting design and specifications shall be approved by the City, FPL- leased lights shall not be permitted. Parkway improvements and lighting installation shall be the responsibility of the applicant. c. Upon issuance of this amended development order, the applicant is entitled to . issuance of up to 499 residential certificates of occupancy without a • • is park and recreation impact fee payment. After the 499th certificate of occupancy has been issued, no residential building permits shall be_ issued until the park improvements are complete and the park land has been dedicated to the City. d. The applicant and/or its successors or assigns shall also provide the City with a cash payment in lieu of improved recreation land equivalent to the 14.5 acres due pursuant to Section 114 -421 of the City's Codes. These monies shall be due prior to issuance of the 1,000th residential certificate of occupancy and shall be paid to the City in a total lump sum, however, in no event shall the aggregate amount of the park land, park improvement costs and lump sum payment exceed the $2,867,400 impact fee due. STATUS: ONGOING CONDITION #29 The applicant and its successors and/or assigns shall provide the School District of Palm Beach County with a warranty deed for the 32 -acre school site within 60 days of the effective date of this amended Development Order. The developer shall plat and dedicate the school site to the Palm Beach County School District prior to conveying the deed, and shall have satisfied each of the following conditions prior to deed conveyance: a.Applicant to provide a title policy insuring marketable title to the Palm Beach County School District. b.All ad valorem real estate taxes and assessments for the year of closing shall be pro- rated at the day of acceptance of the deed for the civic site; acceptance date to be determined by the School District Planning and Real Estate Department. c.School site shall be free and clear of all trash and debris at the time of acceptance of the warranty deed. d.The applicant shall provide perimeter landscaping around the school site including the east boundary in accordance with City requirements prior to the opening of the first school. e.The 90 -foot parkway, including the pathway, shall be designed and landscaped by the applicant in accordance with City requirements and School District's review and completed prior to the opening of the first school. f.The site shall be a developable site free of environmental constraints. _ g.Applicant shall provide all retention, detention, and drainage required for any future development of the proposed school site by the School District. Applicant shall specifically address the following issues: 1. The discharge of surface water from the proposed school site into the Applicant's water retention basins. 2. Provide for easements across the Applicant's property from the proposed school site to the retention basins, if required. h. Applicant to prepare school site to buildable grade under the School Districts Program Management Department supervision. i. Applicant to provide water and sewer stubbed out to the school site property line. j. Applicant to provide a 15 -foot stabilized easement to provide for secondary access to the elementary and middle schools. The Applicant shall provide the School District with an Environmental Assessment Statement, which describes the environmental conditions of the property including Wellfield Protection Zones within 30 days of the effective date of this amended ordinance. If by March 31, 2006, the School Board has not committed to construction of a school as part of the "Five Year Plan", the school site shall be deeded back to the applicant within 90 days. If by March 31, 2006, construction of a school has been included in the "Five Year Plan", a contract must be let for construction by March ! 31, 2008 or the school site shall be deeded back to the applicant within 90 days. Use of the school site by the applicant will be for residential use at a density subject to the conversion of traffic capacity reserved for the school site of 1836 net new external trips to a residential equivalent. STATUS: ONGOING CONDITION #30 The following conditions shall be satisfied as terms of conditional concurrency certification: a. No more than 10,367 net new external daily trips shall be generated from the referenced project prior to widening Alternate A 1 A to a 6 -lane roadway from Hood Road to PGA Boulevard. 0 STATUS: Zero trips have been generated. b. No greater than 17,504 net new external daily trips shall be generated from the referenced project prior to the construction of a second eastbound left turn lane and a second westbound left turn lane at the intersection of Donald Ross Road and Alternate AIA. STATUS: Zero trips have been generated. c. With regard to Hood Road and Alternate Al intersection improvements: 1. No more than 10,367 net new external trips shall be generated from the referenced project until a signal warrant analysis has been performed for the intersection of Hood Road and Alternate AIA. This signal warrant analysis shall be continued on an annual basis until the signal is warranted or buildout of the referenced project, whichever occurs first. The analysis ! shall be submitted to and approved by the City. STATUS: Zero trips have been generated. 2. An intersection capacity analysis shall be performed to determine the need for additional turn lanes including, but not limited to, second northbound left turn lane and second eastbound right turn lanes. STATUS: Zero trips have been generated. 3. Within six (6) months of the analysis showing the signal is warranted at the intersection, a contract shall be let and a notice to proceed shall be issued for installation of a traffic signal at this intersection including all appropriate lane geometry (as determined in the above referenced _ intersection capacity analysis), pavement markings, signage, lighting, etc., as approved. Said installation shall be completed and fully operational within 6 months of the letting of the contract. STATUS: Not applicable to date 4. Compliance with Palm Beach County Traffic Performance Standards is contingent upon restricting membership to the private golf course(s) to residents of the development. Modification to the private status of the golf course(s) shall require a Development Order modification and shall require the review and approval of the Palm Beach County Traffic Division. STATUS: ONGOING CONDITION # 31 The following shall be the required lane geometry and signalization at the project entrances. The specified improvements shall be completed concurrent with each project entrance. a. Hood Road and Project Entrance: Northbound 1 Through Lane 1 Right -Turn Lane Southbound 1 Through Lane Westbound 1 Left -Turn Lane 1 Right -Turn Lane STATUS: Under Construction b. PGA Boulevard and East Project Entrance: Traffic Signal Northbound 1 Through Lanel Right -Turn Lane Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 2 Through Lanes 1 Left Turn Lane Westbound 1 Left -Turn Lane 2 Through Lanes 1 Right -Turn Lane STATUS: Traffic signal will be installed with PGA widening; turn lanes under construction. c. PGA Boulevard and West Project Entrance: Traffic signal if warranted on or before the specified build -out date contained in the traffic impact analysis prepared by Kimley -Horn and included as Exhibit number 13. Northbound 1 Through Lane 1 Right -Turn Lane _ Southbound 1 Left -Turn Lane 1 Through Lane Eastbound 1 Left -Turn Lane 1 Through Lane 1 Right -Turn Lane Westbound 1 Left -Turn Lane — 1 Through Lanes 1 Right -Turn Lane Further, subject to DOT approval, a pedestrian cross -walk crossing PGA Boulevard shall be provided at the Ryder Cup Boulevard/western project entrance. STATUS: ONGOING CONDITION # 32 The 200 -foot rotary section geometry, striping and signage shall be approved by the City Engineer during construction plan review. STATUS: COMPLETE - Jog Road plat approved by Resolution 115,2000 CONDITION #33 U_j No more than 16,733 net new external daily trips shall be generated from the referenced project until the following improvements are constructed at the intersection of Prosperity Farms Road and PGA Boulevard: Dual left turn lanes East and West Approach. STATUS: Zero trips have been generated. CONDITION #34 a. In order to comply with the mandatory Traffic Performance Standards, the applicant shall fund and/or cause commencement of the construction (let a contract and issue a notice to proceed) of PGA Boulevard as a four lane divided roadway on or before January 31, 2004 or prior to issuance of building permits which generate more than 17,276 net new external daily trips based upon the traffic impact analysis prepared by Kimley Horn, referenced as exhibit 13 in Section 4 of this ordinance, whichever occurs first. The applicant shall prepare the construction plans for the four laning of PGA Boulevard from the Avenue of the Champions to Ryder Cup Boulevard and obtain the necessary permits in a time frame to allow the road construction to commence on or before January 31, 2004 or prior to issuance of building permits which generate more than 17,276 net new external daily trips, whichever occurs first. The applicant shall enter into an escrow agreement with Palm Beach County that will cause to be placed in an escrow account road impact fee monies which are due at Sthe time of obtaining building pen-nits for development within the project. The monies accumulated in the escrow account will be used to fund the plans preparation and construction costs of the road improvement. b. If the monies in the escrow account are insufficient to adequately fund plans preparation and/or - construction costs, the applicant will advance the payment of road impact fee monies and any other monies sufficient to cover the necessary expenditures. c. To guarantee plans preparation and construction of the four lane PGA Boulevard improvement, the applicant may request that the existing surety with the City be released after replacement surety is provided to Palm Beach County which is in a form acceptable to the City and which approximately retains the City's interest in said surety which shall be in the amount of 110 percent of the estimated cost for plans preparation and construction of the PGA Boulevard four lane improvement. STATUS: ONGOING - Bond has been posted. CONDITION #35 The applicant shall dedicate the Jog Road right -of -way by October 31, 2000 or upon recordation of the first residential plat, whichever occurs first. Jog Road Right -of -way landscaping shall remain the installation and maintenance responsibility of the applicant and/or its successor —and assigns. • STATUS: ONGOING - Jog Road deed dedicated to PBC and recorded in ORB12083 Pg. 1339 -1351 on 10/19/2000. Landscaping responsibility ongoing. CONDITION #36 During the course of development, all property within the PCD shall be platted. STATUS: ONGOING Surface Water Management CONDITION #37 No construction of any portion of the surface water management system shall be undertaken without first submitting to the City's plans, specifications, and supporting computations for review and approval by the City. STATUS: COMPLETED - Approval letter from Tom McGowan dated 9/27/00 CONDITION # 38 Any proposed changes to the South Florida Water Management District Conceptual Surface Water Management permit shall be concurrently submitted to the City for review and City approval. STATUS: ONGOING CONDITION #39 The applicant has represented to the City and to South Florida Water Management District that the project area will be a unit of the Northern 0 Palm Beach County Improvement District. Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), all criteria required by law to assess, operate, and maintain said unit must be confirmed in writing to the City by Northern Palm Beach County Improvement District STATUS: COMPLETE. CONDITION #40 The applicant shall comply with all Federal EPA and State of Florida Department of Environmental Protection NPDES permit requirements, including but not limited to, preparation of a stormwater pollution 0 prevention plan and identification of appropriate Best Management Practices (BMP) for construction activities, submission of a Notice of Intent to EPA or their designee, implementation of the approved plan, inspection and maintenance of controls during construction, and submission of a storm water Notice of Termination. STATUS: COMPLETE CONDITION #41 The applicant shall diligently process its application to SFV1MD (SFV1MD #990129 -8) for a water use permit to withdraw, via pump, 10.4 MGD Maximum Daily Flow (MDF) from the C -18 Canal/Loxahatchee Slough into the project lakes. This application shall be consistent with (1) the water use permit issued to SUA to increase the allocation for the Hood Road Wellfield from 10.4 MGD Average Annual Daily Flow (AADF) up to 13.8 MGD AADF and (2) the augmentation of groundwater /wellfield recharge. STATUS: ONGOING CONDITION #42 The construction, operation and/or maintenance of any elements of the subject project shall not have any negative impacts on the existing drainage of surrounding areas including but not limited to East Pointe, Old Marsh, Hood Road, PGA Boulevard, and the Turnpike. If, at any..time during project development it is determined by the City that any of the surrounding areas are experiencing negative drainage impacts caused by the project, it shall be the applicant's responsibility to cure said impacts in a period of time and in a manner acceptable to the City. STATUS: ONGOING CONDITION #43 Until such time as a water use permit for a minimum rate of 7.0 MGD MDF, or such lesser amount agreed to by the applicant, SFWMD, City Engineer and SUA, is issued to the Applicant by SFWMD to provide water from the C- 18/Loxahatchee Slough (the "Water Use Permit ") to the project and facilities are constructed and operational to transfer said water into the water management system consistent with the ERP, the existing east/west canal or an approved equivalent alternate gravity conveyance acceptable to 0 SFWMD and the City (the "Gravity System'), shall remain in service as a recharge facility to SUA's Hood Road wellfield. STATUS: ONGOING CONDITION #44 Any temporary construction associated with phasing the proposed surface water management system improvements shall be undertaken so as not to impact native vegetation in designated buffer areas, preserve areas, and parkway areas. STATUS: ONGOING CONDITION #45 All areas designated for maintenance of the surface water management 0 system shall be no less than 20' wide (minimum) with graded slopes no steeper than 8:1 (horizontal:vertical), or as may be otherwise required by the Northern Palm Beach County Improvement District. No construction or landscaping shall be permitted in the maintenance areas that will in any way restrict, impede, or otherwise limit the use of these areas for their intended purpose. STATUS: ONGOING CONDITION #46 Prior to the issuance of the first building permit, excluding permits for infrastructure improvements, the applicant shall provide surety acceptable to the City in the amount of 110% of the estimated cost of constructing the surface water management system included in the South Florida Water 0 Management District Conceptual Environmental Resource permit for this project. STATUS: COMPLETE - Satisfied per memo from Sean Donahue dated 10/27/00 CONDITION #47 Prior to issuance of building permits for construction of residential homes, golf club facilities and/or commercial areas, a contract shall be let and a notice to proceed shall be issued by the applicant for construction of that portion of the surface water management system such that legal positive drainage, required levels of service, and performance standards for flood protection in accordance with the City's codes and ordinances are achieved 0 so that in the event the project is temporarily delayed or permanently discontinued, the partially constructed system will meet all required surface water management system levels of service and performance standards. No Certificates of Occupancy will be issued until the approved phased portion of the Surface Water Management System has been completed, certified by the engineer of record, and determined acceptable by the City Engineer, Northern Palm Beach County Improvement District (NPBCID), and SFWMD. STATUS: ONGOING - Surface water management system under construction. CONDITION #48 • 0 No construction/land alteration shall occur until a environmental resource permit for construction and operation of the water management system, or portions thereof are issued by SFWMD and approved by the City. STATUS: COMPLETE - SFWMD Permit Modification # 50- 04118 -P on 7/14/00 CONDITION #49 If necessary and beneficial, as determined by the City Engineer, the Applicant and/or NPBCID shall implement the "Isolated Lake Plan" contained in the conceptual ERP and shown on the attached exhibit entitled 1999 Conceptual Water Management Plan Revision #9 and dated 3 -27 -00 when directed by the City Engineer. iSTATUS: ONGOING CONDITION #50 The water management system shall be designed to accommodate and accept a minimum of 8.1 cfs of discharge from the Turnpike drainage system into the Golf Digest project until such time as an alternative discharge route is available outside the project (to be, provided by others) or a discharge is not necessary as determined by the City Engineer, and subject to Condition No. 41. Additionally, the conveyance system will gate off flows into the Turnpike ditches when water levels exceed 15.0' NGVD or as otherwise set forth in an operational schedule to be formulated by the City, SUA and NPBCID and as permitted by SFWMD. The gated structure will be operated by NPBCID. If necessary, as determined by the City 0 Engineer, a pump shall be installed by the applicant and/or NPBCID to accept the Turnpike discharge. STATUS: ONGOING - Structure being installed with surface water management system. CONDITION #51 The water management system shall continue to be analyzed and designed using a dynamic analysis acceptable to the City, accounting for piping systems and flood routing in order to establish minimum road, berm and finished floor elevations. These elevations shall be documented in tabular form including sub -basin number and master plan parcel identification on the drainage plans approved by the City. Water surface elevations 0 determined from the dynamic model analysis shall prevail and supersede those contained in the SFWMD conceptual Environmental Resoiirce Permit. A building permit for a permanent sales center may be issued when the results of the dynamic model are accepted by the City. STATUS: COMPLETE - approved per letter dated 9/27/00 from Tom McGowan CONDITION #52 Prior to City Council approval, the applicant shall obtain conceptual approval of a revised Master Drainage Plan from the City Engineer, and South Florida Water Management District with review by Seacoast Utility Authority. 1 STATUS: ONGOING - Modified permit scheduled for SFWMD Board approval at their June Board meeting. Water and Sewer CONDITION #53 The existing 10" SUA PVC reclaimed water main, located in the PGA Blvd. Right -of -way, shall be relocated concurrent with the project's PGA Boulevard improvements. The location of the main shall be coordinated with the City Forester, prior to final approval of the construction plans, to avoid conflicts, where possible, with landscaping. STATUS: COMPLETE CONDITION #54 Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), applicant shall provide documents satisfactory to the City and Seacoast Utility Authority (SUA) that modifies Condition number 30 in the conceptual South Florida Water Management District (SFWMD) permit and Condition #9 in the COE Permit such that it clearly allows SUA the right to access, operate, maintain and repair the utility lines in the area known as Nursery Lane without having to obtain any additional permits to work in and/or disturb designated preservation areas; reference Application drawing number 41- 2 -32 -21 as prepared by Mock - Roos and dated September, 1999. STATUS: COMPLETE - Satisfied per letter from Jim Harvey . dated 1 /11 /01 0 CONDITION #55 Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), the applicant shall conclude arrangements mutually satisfactory to the developer, SUA and the City that provide an easement or right -of -way for the construction and operation and access for maintenance and repair of a transmission main from the Northwest corner of the SUA WWTP site to Hood Road. STATUS: COMPLETE CONDITION #54 0 NPBCID Plan of Improvement for this project shall include all elements of the master surface water management system including but not limited to the mitigation plan, isolated lake plan and turnpike pumping station. Said plan of improvements meeting this requirement and adopted by NPBCID shall be supplied to the City prior to issuing the 1st building pernut, excluding infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, and entry features. (Landscape, project identification walls and the like) STATUS: COMPLETE - NPBCID Plan of Improvements approved 7/26/00 CONDITION #57 • Prior to the issuance of any building permits, excluding building permits relating to infrastructure improvements, golf course maintenance facilities, sales center, gatehouse, entry features (landscape, project identification walls and the like), the applicant shall: (1) modify the conceptual ERP to include acceptance of drainage from the SUA WWTP site including wet weather discharge from the percolation ponds and (2) provide assurance acceptable to the City that the existing conditions of drainage for the "Bonnette Property" and Hood Road are not negatively impacted by-the development of the project. STATUS: COMPLETE CONDITION #58 0 Upon receipt of all necessary approvals (the cost of which shall be born by the applicant as a "cost to cure ") and prior to acceptance of the surface water management system, or any portion thereof, by NPBCID and the City, the applicant shall construct a water control structure for the SUA WWTP and fill the SUA WWTP site to a minimum elevation of-17.5 NGVD or as otherwise determined from the dynamic model and (2) relocate the existing SUA WWTP perimeter landscaping or implement an alternative landscape plan acceptable to the City. STATUS: COMPLETE CONDITION #59 • The access road to SUA treatment plant site shall be designed to local road I specifications with a minimum crown of road to be at a level of flood protection consistent with a 25 year, one day storm. STATUS: COMPLETE CONDITION #60 • The applicant and/or NPBCID shall furnish and install continuous lake stage recorders including telemetry equipment meeting NPBCID guidelines. In addition, the stage recorders and telemetry equipment shall be configured such that the City shall have the capability to install separate transmitters to monitor lake stages. Installation shall be concurrent with the acceptance of the water management system by NPBCID for all, or any portion of the system. The locations and number of stage recorders shall be in accordance with a monitoring plan mutually acceptable to the City and I►I' : It STATUS: CONDITION #61 ONGOING Prior to the City's acceptance of the dynamic model of the surface water management system, the drainage areas (1) stated in the SFWMD conceptual environmental resource permit, (2) as shown on the 1999 Conceptual Water Management Plan, Revision #9 and dated 3- 28 -00,and (3) included in the Conceptual Water Management Calculations must be reconciled to the satisfaction of the SFWMD and the City. • STATUS: COMPLETE - Dynamic model accepted per letter dated 9/27/00 from Tom McGowan CONDITION #62 As a requirement, a sum total of area(s) constituting no less than 15% nor more than 25% of the total shoreline distance shall be constructed as littoral shelf at the ratio of 10 square feet of shelf per running foot of shoreline. STATUS: ONGOING Public Safety CONDITION #63 The applicant and/or its successor and assigns shall provide on -site private security until the roadways are completed to deter construction theft. STATUS: ONGOING CONDITION #64 Crime Prevention Through Environmental Design (CPTED) principles established through cooperation with the City's Crime Prevention Division shall be utilized during the site planning of the development parcels. STATUS: ONGOING CONDITION #65 The applicant and/or its successor and assigns shall provide a stabilized road base, subject to City standards, for fire /emergency access to each development parcel prior to the start of construction within said parcel. STATUS: ONGOING r Ago Disclosure CONDITION #66 Pursuant to School Board requirements, a sign shall be posted in all sales offices /model homes which provides notice of annual school boundary assignments for students of this project. This 11 "x 17" notice shall be provided by the School Board. STATUS: ONGOING CONDITION #67 A prominent statement, such as the one shown below, shall be included in sales and marketing materials and property owners association documents: Golf Digest (or specific property location) is located within 4.5 miles of North County Airport, a general aviation reliever airport. Airplanes operating to, from and/or near North County Airport will be noticeable and airplane noise may be objectionable. STATUS: ONGOING CONDITION #68 A disclosure shall be included in sales and marketing materials and property owner's association documents which identifies that the N -S Parkway and E -W Parkway will be dedicated to Palm Beach County in the future, and that these thoroughfares have the potential of becoming six -lane facilities. The disclosure document shall be approved by resolution of the City Council prior to the first residential sale. STATUS: COMPLETED - Disclosure statement approved by Resolution 0 65,2000 0 CONDITION #69 Disclosure shall be provided to all potential home buyers and a statement shall be contained in all property owners association documents and initial sales documents which identifies the proximity of the Seacoast Utility Authority Wastewater Treatment Facility and the potential odors that may be emitted therefrom. The disclosure document shall be approved by resolution of the City Council prior to the first residential sale. STATUS: COMPLETED Disclosure statement approved by Resolution 65,2000. CONDITION #70 A prominent statement acceptable to the City shall be recorded into the public records of Palm Beach County and contained in all property owners association documents and sales documents which identifies that the levels of all water bodies in the surface water management system may fluctuate dramatically during very wet or very dry periods and that the priority purpose of these water bodies is to fulfill surface water management, not aesthetics. The disclosure document shall be recorded and approved by resolution of the City Council prior to first residential sale and subsequently recorded in the public records. STATUS: COMPLETED - Disclosure statement approved by Resolution 65,2000. Performance Standards 0 CONDITION # 71 F-J • The golf course(s) shall be designed and constructed by a nationally- recognized golf entity for the first five (5) years of operation, and maintained at the direction of a head golf professional who shall be a class ?A member of the Professional Golfer's Association of America or other national certification of equal value, who shall have at least five (5) years of experience in the Southern region. The golf management services /administration personnel shall include professional turf consultants, entomologists, plant biologists and such other professional specialists required to care and maintain the course(s). STATUS: ONGOING CONDITION #72 Prior to the issuance of the first residential building permit, the master property owners association documents and restrictions shall be furnished by the applicant to the City Attorney for review and approval prior to such documents being recorded in the Public Records of Palm Beach County. STATUS: COMPLETE - Satisfied per Len Rubin letter dated 12/28/00` Buildout CONDITION #73 Consistent with Chapter 11846, recordation of all plats, installation of all infrastructure, common area improvements and landscaping, _.and dedication of facilities, rights -of -way and easements shall be completed prior to December 31, 2004. Time extensions are subject to the criteria set 0 forth in Chapter 118 of the City's Land Development Regulations, and any time extension request shall include a Traffic Impact Analysis to identify additional roadway improvements which may be required to extend the buildout of the project. Additional roadway improvements, if any, shall be incorporated into the Development Order. STATUS: ONGOING Monitoring CONDITION #74 An annual report shall be submitted to the Growth Management Department by February Fourteenth of each year, until the project- has reached buildout, that describes the project's current status and compares its progress with the provisions of the development order. • STATUS: ONGOING • CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: June 21, 2001 Date Prepared: June 12, 2001 SUBJECT /AGENDA ITEM: ITEM OF DISCUSSION — Alternate Al (south of Bums Road) Roadway Beautification Grant RECOMMENDATION: As the current FY 2000/2001 budget and the proposed FY 2001/2002 budget do not include the proposed project, staff is seeking guidance from the Council whether to continue this grant application, which is expected to expire in March of 2002. Reviewed by: Originating Dept.: Costs: S Council Action: City Attorney NA NA Growth Mana ment Total [ ] Approved Finance / l K6 i $ [ ] Approved wic«,aup� ACM NA Current FY [ ] Denied Human Re�., NAjyyy� Funding Source: NA [ ]Continued to: Advertised: Other �����' /`�' Date: [ ] Operating Attachments: Map; Paper [ ] Other Landscape plans; Su tted by: Oa&�- r, WA [ X ]Not Required FDOT Memorandum of Agrecment; FF.0 Lease Agreement Growth Management Director Affected parties Budget Acct. #:: NA [ ] None Approv y: City Manage [ ] Not required HISTORY On July 16, 1998, City Council approved Resolution 68, 1998, which authorized City staffto apply for Palm Beach County Thoroghfare Beautification program through the Board of County Commissioners and Metropolitan Planning Organization of Palm Beach County to beautify Alternate AlA, south of Burns Road and parts of the adjacent Florida East Coast Railway lands. The project was selected in October of 1998. (A copy of the landscape plan is attached.) The Grant project is not to exceed $100,000, by which, the City would pay 50 %. On February 18, 1999, City Council approved Resolution 16, 1999, which authorized the Mayor and City Clerk to execute the FDOT "Maintenance Memorandum of Agreement' ' and Palm Beach County's "Financial Assistance Agreement," which allows the City to commence work because we have accepted the .� maintenance responsibilities. This was accomplished. 269 City Council Meeting Date: June 21, 2001 Date Prepared: June 11, 2001 Page 2 This is a unique project because most of the proposed landscaping would be established in Florida East Coast Railway Company (FEC) lands. In order to use FEC lands for landscaping, the City would have to enter into a lease agreement with FEC. On June 17, 1999, the City Council approved Resolution 69, 1999, which authorized the Mayor and City Clerk to execute the lease agreement with FEC. In 1999, FEC was willing to lease their property for this beautification project at a rate of $600 per year. This agreement was signed by the City on September 2, 1999, but was never sent to FEC. By October 1999, the project was put on hold because it had not been budgeted in the 1999/2000 fiscal year since other priorities superceded this project. On December 5, 2000, then Interim City Manager Ronald Ferris requested an extension to the Palm Beach County's "Financial Assistance Agreement (R -99- 627 -D)" to the City's 2001/2002 fiscal year. To this date, both the County and State are holding their matching funds (50 %) for this project. However, there continues to be no budget proposed for this project in the proposed 2001/2002 fiscal year budget. STAFF COMMENTS This project serves as phase two of a series of grants that would beautify Alternate AIA, starting at RCA Boulevard and ending near Lighthouse Drive. The ISTEA Federal Grant landscaped Alternate AIA between RCA Boulevard and Bums Road. The Beautiful Palm Beaches Grant would have landscaped south of Burns Road about 1000 linear feet (figure based on a February 18, 1999 City Council staff report). This project was originally selected because the vegetation would provide a noise and visual buffer for Gardens East. Apartments, pedestrians and motorist from the railroad. Additional grants would be necessary to complete the project. _ Please be advised that the proposed FY 2001/2002 budget did not include this project, which is expected to expire in March of 2002, since FDOT has rolled their matching funds to that period. We continue to believe that this is a good project; however, plant material cost and irrigation cost may be outdated. The City would need to do an RFP to best determine how much landscaping and irrigation can be accomplished with $100,000. There is the potential that Gas Tax Funds maybe able to be used for that portion of the landscaping falling within the Alternate AIA right -of -way. The City would have to revise the proposed 2001/2002 FY budget to maintain the new landscaping, as well. Maintenance cost is estimated at $20,000 per year. In summary, the completion of the Alternate AIA Grant with associated maintenance cost should not exceed $120,600, and to continue future grant submittals with Landscape Architect consultants should not exceed $5,000 per year. OTHER COMMENTS The Beautification & Environmental Committee wrote a letter of support for this-project on July 1, 1998. mark a/AIAPlans • • • �. • • 3 n • • 9 0 •r • CD n • = • •m G c �� 2 • a C �. 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ROW. SSppoott Locate Feat Palatka FIOSI& thtderstory Trees 00 Slash Pies In Mulch Bed kp -yf MpfW T O CD East Palatka Holly duster a t GrassI M D CDM (vt 37 RQW_— — --_ --- Dcuble Stag�geeW Row`, D %� •.J•. —' W" MyRle BIYIbS h MUIf�t • to �a oct � Bede II to s I •I -Ttl i 1 1 It Grass a� t antarla (Mara m _ w "H1 ` fill', ` Alternate A -1 -A Beautification Project i N 61 t Palm Beach Gardens, Florida (1111 Proposed Landscape Treatments JR Ma CO 1� I ir 9 ; <� I� I f i�l Cluster Cabbage Paths at Nose m' tv-w Ibl w gjCD O $ i Snowberty Vhmevub for cob& t�sl � a ned -• � Slash Phes In ML ft Bed Oz w taw Fist Palatka Holly duster h Fekehatdtee (;rasa (!t 87 00) Backing Hadg�ow of Souttte&rt fied Cedar h AM (Qal T or) . . �a��� CO I I 11 ���o� _ o CD Cluster Cabbage Pains at Nose w (v-W to 1 - i Live Oaks In Cordgrass F EC. ROW. SSppoott Locate Feat Palatka FIOSI& thtderstory Trees 00 Slash Pies In Mulch Bed kp -yf MpfW T O CD East Palatka Holly duster a t GrassI M D CDM (vt 37 RQW_— — --_ --- Dcuble Stag�geeW Row`, D %� •.J•. —' W" MyRle BIYIbS h MUIf�t • to �a oct � Bede II to s I •I -Ttl i 1 1 It Grass a� t antarla (Mara m _ w "H1 ` fill', ` Alternate A -1 -A Beautification Project i N 61 t Palm Beach Gardens, Florida (1111 Proposed Landscape Treatments JR Ma CO 1� I ir 9 ; <� m' gjCD O �a��� CO I I 11 ���o� _ o CD Cluster Cabbage Pains at Nose w (v-W to 1 - i Live Oaks In Cordgrass F EC. ROW. SSppoott Locate Feat Palatka FIOSI& thtderstory Trees 00 Slash Pies In Mulch Bed kp -yf MpfW T O CD East Palatka Holly duster a t GrassI M D CDM (vt 37 RQW_— — --_ --- Dcuble Stag�geeW Row`, D %� •.J•. —' W" MyRle BIYIbS h MUIf�t • to �a oct � Bede II to s I •I -Ttl i 1 1 It Grass a� t antarla (Mara m _ w "H1 ` fill', ` Alternate A -1 -A Beautification Project i N 61 t Palm Beach Gardens, Florida (1111 Proposed Landscape Treatments JR Ma CO 1� I ir 9 ; <� • • C�oco�o��m Fhrub ROW - StapDered Row Ses Slxub T as ae ow Fskahatdw (crass Beds s. I f l tK 37 ora Fakahatches Gress Beds I r I I CD to w OG1 Royal Pohc}arm as focal �. (Yrtlare oYBfh9ad: SRvar Buttonwood Trees - r CSD� Ip pp I. Seagape Trees nS _ T ' - - - - -- tex@1 StapDered Row Ses Slxub T � I s. I f l Fakahatches Gress Beds I I I to w OG1 (D r Ip pp I. nS �4 B nw*ood Trees Id D I .f Boupair"m - for acoeWoolor I K fnbmw ft ra to cool % T! h - � �staappe I �I�, Dahl ed Row I F� to -1f Ww 1 1 3 i StapDered Row Ses Slxub T � I I f l Fakahatches Gress Beds I I I to w OG1 (D r Ip CD � �4 B nw*ood Trees Id D I .f Boupair"m - for acoeWoolor I K fnbmw ft ra to cool t f II D � �staappe I ll Dahl ed Row I f to -1f Ww 1 1 Florida Game Crass at w ora r �e°"�aawlaea taSe S of r "`• f' �' ' Alternate A -1 -A Beautification Project Palm Beach Gardens, Florida rfttf Proposed Landscape Treatments (D .� W 1 rF i CO CN CO O CO tp S w Or t 9 oil! sa T - (D N CD � �4 I (D .� W 1 rF i CO CN CO O CO tp S w Or t 9 oil! sa T - (D N CD � (D .� W 1 rF i CO CN CO O CO tp S w Or t 9 oil! sa . RESOLUTION 68, 1998 A RESOLUTION OF THE CITY OF PALM BEACH GARDENS, FLORIDA, SUPPORTING THE LANDSCAPING OF ALTERNATE AIA AND LANDS WEST OF ALTERNATE AlA ; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the highway right -of -way of Alternate Al by landscaping; WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the railroad right -of -way to the west of Alternate Al by landscaping; and WHEREAS, funding to accomplish this project may be available through the Board of County Commissioners and the Metropolitan Planning Organization of Palm Beach County. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens supports the landscaping of Alternate AIA and lands west of Alternate AIA. Section 2• The City Council authorizes City staff to apply for Palm Beach County Thoroughfare Beautification Grant program through the Board of County Commissioners and the Metropolitan Planning Organization of Palm Beach County. Section 3. This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS THE �� DAY OF JULY, 1998. JOSEPH R. RUSSO, MAYOR • • ATTEST: LINDA V. KOSIER, CMC, CITY CLERK BY• /• VOTE: MAYOR RUSSO VICE MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO • • v- NAY ABSENT Resolution 68,1998 Page 2 .t n .--+' 0 CD D rnr• � r 1 t rl;a f Iliil Cluster Cabbage Palms at Nose (D' -K' rrip+d Srowbeury Vkie/Stiub for color —1 G3 �m b r44 Slash Pares in Mulch Bed —� Vz-w low" Fast Palatka Hotly duster wal —� n Fakaha" Gass tow00 eaddnp Hedgerow of Souttrem Red Cedar n Mulch tasa r ora Cluster Cabbage Pakns at Nosa —} tv.w tighw Live Oaks in Cordgrass ._r.._ trr -x neiyW Spa' Locate East Palatka HoYy - -� tlnderalory Trees WO Stash Pines in Mulch Bed (74C W Fast Palatka HoAv duster (asaJ ----I h Fakahatd,e. asa lotaroc,1 I o«dte Staggered Row Wax Myrde 6hubs h Mulch dgrass Beds I I I Florida Gama Gass ut v ora 'Gold Mound Lantar!a for color to so orr -= 1 i I 'Alternate A -1 -A Beautification Project Palm Beach Gardens, Florida Proposed Landscape Treatments I I -J O a �j o ' 7 Cn P. rD D m (n of m�cg� w� S�mw 9v�o° y co : o O D m"•G CnS2. D �0) tPlIa ❑ 1; air it is x 1 r9l, � 5 N 9 A �d t oCn v D < Ca W a Cc NYbr tPlIa ❑ 1; air it is x 1 r9l, • • • '1 Cn CD C) O CD C C4 RO.W:_ m w �7 1 1 II m ggared Row I (A w Ora I 1 I it I 11 I 1 Fakahatchee Grass Bads (n w Ora 1 1 do no con" (axsr SIM "Orevood Trees (81x67 I I 11 I 11 Seagrape Trees I 1 wxM 'I II III �yl III 111 Ir ed Row I I II uy,e• oc7 I I Fakshatclm Grass Beds I I (AwOra SSb Bwarnvood Trees D I� 1 III Bougainvillea - for accerWoolor ( ( 47, anw.Wn. WA Y to b.ol Cabbage Para -- � 1e9Aared Row Florida Garna Grass (41 Ir 00 Dwarl tUea (.iN= iW r:•`� ' �' ! ' Alternate A -1 -A Beautification Project 1t�� N IR+ Palm Beach Gardens. Florida to Pronnse(i Landscane Treatments II �� dl�f� �t ■Iliiflllll i i i —I o ID�� � 9 m CO 7� =00 y m 7 w o w ° or CD ((DA m w_ 3 Q� G» X00 yw c.;:0 .•� ` `�a�d � `fir ¢�°—, _C ' (D o m w o - m � U) 'g. (o w 00 3 Lp N CD 9 —I o ID�� � 9 m CO 7� =00 y m 7 w o w ° or CD ((DA m w_ 3 Q� G» X00 yw c.;:0 .•� ` `�a�d � `fir • • February S, 1999 RESOLUTION 16, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF INTERLOCAL AGREEMENTS BETWEEN THE CITY AND PALM BEACH COUNTY AND THE CITY AND FLORIDA DEPARTMENT OF TRANSPORTATION FOR BEAUTIFICATION AND MAINTENANCE OF A 1,000 FOOT AREA OF THE HIGHWAY RIGHT -OF -WAY LOCATED IMMEDIATELY SOUTH OF BURNS ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the highway right -of -way of Alternate A-1 -A by landscaping; WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the railroad right -of -way to the west of Alternate A -1 -A by landscaping; and WHEREAS, funding to accomplish this project has become available through the Is Board of County Commissioners and the State of Florida, Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1; The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the District Four Highway Beautification Grant and Maintenance Memorandum of Agreement with State of Florida Department of Transportation, a copy of which is attached as Exhibit "A ". $,FCTjON 2; The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the Financial Assistance Agreement for City of Palm Beach Gardens Alternate A1A Beautification with Palm Beach County, a copy of which is attached as Exhibit "B ". SECTION 3: This Resolution shall be effective u, po adoption. INTRODUCED, PASSED AND ADOPTED THIS /'V DAY OF F Z0,Y Et�-I F� ' • • • • lu ATTEST: LINDA V. KOSIER, CMC, CITY CLERK VOTE: MAYOR RUSSO VICE -MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO RESOLUTION 16, 1999 PAGE 2 • APPROVED AS TO FORM AND LEGAL SUFFICIENCY AYE NAY ABSENT i 0 May 27, 1999 RESOLUTION 69, 1999 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, PROVIDING FOR THE APPROVAL OF LEASE AGREEMENT BETWEEN THE CITY AND FLORIDA EAST COAST RAILWAY COMPANY FOR BEAUTIFICATION AND MAINTENANCE OF A 1,000 FOOT AREA OF THE HIGHWAY RIGHT -OF -WAY LOCATED IMMEDIATELY SOUTH OF BURNS ROAD; AND, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the, City of Palm Beach Gardens desires to beautify and improve the highway right -of -way of Alternate A-1 -A by landscaping; WHEREAS, the City Council of the City of Palm Beach Gardens desires to beautify and improve the railroad right -of -way to the west of Alternate A-1 -A by landscaping; and WHEREAS, funding to accomplish this project has become available through the Board of County Commissioners and the State of Florida, Department of Transportation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: SECTION 1: The City Council of the City of Palm Beach Gardens hereby authorizes the Mayor and City Clerk to execute the Lease with'Florida East Coast Railway Company, a sample copy of which is attached as Exhibit "AA. SECTION 2: This Resolution shall be effective upon adoption. INTRODUCED, PASSED AND ADOPTED THIS DAY OF J 99 ATTEST: LINDA V. KOSIER, CMC, CITY CLERK 39 i(R``RlJ SO, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY • VOTE: AYE NAY ABSENT MAYOR RUSSO VICE -MAYOR FURTADO COUNCILMAN JABLIN COUNCILMAN CLARK COUNCILMAN SABATELLO /01, RESOLUTION 69, '1999 PAGE 2 • • • • Cluster Cabbage Pala at Nose hr -x e.iyW Fbr O Gama Grass for Color tantan8 403. K OC1 1 1 --t I � I D; I iHM ` (I l r; ' Alternate A -1 -A col. Beautification Project Palm Beach GardeM TFkxida 1 m C-3 a O ¢1 1 &awbeny Vile/Shr b for color —1 IJ E� t m �N Cluster Cabbage Pala at Nose –} .1 Slash Pines l Mulch Bed CD h1f.•1 • n East Palatka 14* duster Onol r l Fekahatchee (crass (st ]a' 00 1 FEC. ROW. 'T"—� dz- Ka.br+r1 j Swt Locate Eesl Palatka" stay Trees rhm 1 C :r•i,'• ' tl�i n�Cedarfin q' D Sates MNdi (D V .x'14 �i:�i.:' . ostio; r ora I East Palatka t *duster —1 66 i, id�ee Grass 5' has R � Fbr O Gama Grass for Color tantan8 403. K OC1 1 1 --t I � I D; I iHM ` (I l r; ' Alternate A -1 -A col. Beautification Project Palm Beach GardeM TFkxida 1 m C-3 a O ¢1 s_f•: s. IJ E� � m �N Cluster Cabbage Pala at Nose –} r UNe Oaks h ��� FEC. ROW. 'T"—� dz- Ka.br+r1 j Swt Locate Eesl Palatka" stay Trees rhm 1 CD 7 m Slash Pkm In Mulch Sad q' D ti n East Palatka t *duster —1 66 i, id�ee Grass 5' has R � 1 •.� li ROW` ;�_•_: Oabte Ftcw wax Myrtle l Mulch r:. w. Beds ic«ss i Fbr O Gama Grass for Color tantan8 403. K OC1 1 1 --t I � I D; I iHM ` (I l r; ' Alternate A -1 -A col. Beautification Project Palm Beach GardeM TFkxida 1 m C-3 a O ¢1 in � IJ (n l7 � I 1 T I 1� r D D o (D 0 3 age! w � 17 � 0 ° N � = O C.3 o 0 7 CD n 1 m C-3 a O ¢1 in � CD (n l7 Y m �N 7 o (D 0 3 age! w � 17 � 0 ° N � = O C.3 o 0 7 CD n 1 — 1 1 1 N (° 1 CD 7 m 1 q' D ti n 1 -c 1 of . ' has R � •.� li r:. r' - CL Sr I-- A I-I WS: WS ..... ...... zoo, -41 . CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum C, Meeting Date: June 21, 2001 Date Prepared: June 11, 2001 Subject/Agenda Item: Request by Roger Blangy to repeal Resolution 147, 1999, which supports a planned at -grade railroad crossing at Kyoto Gardens Drive and Alternate A1A. Recommendation /Motion: Staff recommends that Resolution 147, 1999, not be repealed. Reviewed by: Originating Dept.: Costs: $ N/A Council Action: City Attorney Planning Division Total [ ] Approved Finance $ N/A [ ] Approved wisondltlons Other Current FY [ ] Denied Funding Source: [ ] Continued to: Advertised: Date: [ ] Operating Attachments: 1. Map Paper: [ ] Other 2. Res. 147, 1999 3. Railroad grade crossing [ ] Not Required application Sul riitteddj by: � Growth Mgt. Director Affected parties I ]Notified Budget Acct. #: [ ]None A�Y� anag er [ ] Not required BACKGROUND: As the City Council is aware, the City's City Center Linkage Plan and the City's Comprehensive Plan both include a railroad crossing at the Florida East Coast railroad tracks that abut the west side of the intersection of Kyoto Gardens Drive and Alternate AIA. This crossing is proposed in order to extend Kyoto Gardens Drive from Alternate A I A across Parcel 5A to Military Trail, just north of Interstate 95. This extension of Kyoto Gardens Drive is a crucial element of the City's recent request to Palm Beach County for an amended CRALLS designation for PGA Boulevard, from the Florida Turnpike to Prosperity Farms Road. The extension of Kyoto Gardens Drive is important as 1 a reliever road for the segment of PGA Boulevard from I -95 to the Regional Center (Gardens Mall) because that segment is projected to have the highest traffic volumes of any segment on PGA Boulevard. The new railroad crossing is to replace the existing crossing at PGA Boulevard, which will no longer be needed when the PGA Boulevard flyover is constructed from I -95 to just east of Alternate AIA. The flyover construction is to start this summer, and should take approximately two years to complete. It is the City's position that the new railroad crossing is simply a relocation of the existing crossing approximately 1,200 feet or approximately 115 of a mile to the north. The Florida Department of Transportation (FDOT), in conjunction with the Florida East Coast (FEC) Railway Company, is responsible for approving the proposed railroad crossing. The FDOT has included the new railroad crossing in its plans for the PGA Boulevard flyover. However, the FEC Railway Company has recently indicated it may not support the new crossing because of its corporate policy of not supporting any new crossings, and because of a slight curve in the railroad tracks immediately north of the planned location of the new railroad crossing. The State of Florida can be requested to conduct an administrative hearing if the FDOT or the FEC are not supportive of the proposed railroad crossing. The staff is pursuing a final determination from the FEC regarding the City's application for a new railroad crossing. If the FEC does not support the application, staff recommends that an administrative hearing be requested before a hearing officer appointed by the State. The proposed amendment to the CRALLS designation for PGA Boulevard would need to be reevaluated and revised if the proposed railroad crossing at Kyoto Gardens Drive is not approved. The proposed levels of service (i.e., traffic volumes) for PGA Boulevard would most definitely need to be reduced if Kyoto Gardens Drive is not extended to Military Trail. A City task force has also been working to have the State of Florida designate this new crossing as a "Quiet Zone" in order to lessen the potential noise impacts on the adjacent residential areas from train horns. The proposed quiet zone should address many of the concerns of the residential property owners, and make this crossing the quietest in the City. In accordance with the Palm Beach Gardens Comprehensive Plan, the City Center Linkages Plan and the approval of Resolution 147, 1999, which established the official City position to support the Kyoto Gardens Drive railroad crossing, staff urges the City Council to continue this railroad crossing application along with the "Quiet Zone" application. At a recent City Council meeting, Mr. Roger Blangy verbally requested that the City Council repeal Resolution 147, 1999. The staff was directed to place this matter on a subsequent City Council agenda. At the City Council meeting on June 7. 2001, the City Council was provided with an update 0 regarding the City's application for this railroad crossing. The City Council was of a consensus at 2 0 that time not to repeal Resolution 149, 1999. RECOMMENDATION Staff recommends that Resolution 149, 1999, not be repealed. G: \sc \txt\kyotorrcrossing.0501 • low wl ­fd' tIT, rtb- V4111 rip ows .144 7n .-Ai aw fir Jkr- A, • SUN I "D • ®r JS J. 292 Rl • is • 11 • November 8, 1999 RESOLUTION 147,1999 A RESOLUTION OF THE CITY COUNCIL OF THR ;- k CITY OF PALM BEACH GARDENS, FLORIDA, spa¢ SUPPORTING A RAILROAD CROSSING AT KYOTO' �01 GARDENS DRIVE/ STATE ROAD 811; AND AUTHORt7ING THR SUBMITTAL OF AN E ,� APPLICATION FOR SAID FLORIDA EAST COAST vba RA17.ROAD CROSSING; AND PROVIDING AN O EFFECTIVE DATE. WHEREAS, the PGA Boulevard/Alternate AlA (State Road 811) urban interchange design provides for a re- located railroad crossing at Kyoto Gardens Drive; and WHEREAS, the City desires said railroad crossing to replace the PGA Boulevard at- grade crossing; and WHEREAS, said crossing is necessary to implement the City's `linkages' plan and conceptual thoroughfare plan; and WN PREAS, the current property owner and proposed developer, PGA North, Ltd., has expressed the desire for said crossing and will assist the City in the permitting and construction processes. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA: Section 1. The City Council of the City of Palm Beach Gardens supports the railroad cro ssing at Kyoto Gardens Drive/State Road 811 and authorizes the Interim City Manager to submit an application to the Florida Department of Transportation. Section 2. This Resolution shall be effective upon adoption. --4 INTRODUCED, PASSED AND ADOPTED TH ATTEST: LINDA V. KOSIER, CMC, CITY CLERK 1999. APPROVED AS TO FORM AND LEGAL SUM CY CITY ATTORNEY • • VOTE: AYE NAY ABSENT COUNCILMEMBER RUSSO COUNCILMEMBER FURTADO _ COUNCILMEMBER JABLIN — COUNCILMEMBER CLARK — COUNCILMEMBER SABATELLO Resolution 147, 1999 Page 2 I l - . I i FROM : ROGER BLANGY 5L �t Thomas F. Barry, Jr.. P.E. FDOT Secretary 605 Suwannee Street Tallahassee F132399 -0450 U we w. SUBJECT: PGA Boulevard at Alternate Al Grade Separation Financial Project Item No: 229771- 1 -52 -01 State toad Na: 786 PGA Boulevard Palm Beacb County New Railroad Crossing May 15, 2001 RECEIVED CITY MANAGER'S OFFICE MAY 15 2001 On May 11, 2001 a meeting was field at 3400 Conuuercial Blvd in Fort Lauderdale with FDOT Gerry O"Rcilly, Patrick Glass, Stacy &filler, Nadir Rodriguez, Mort= Alian FEC Railway Leslie Schonder, Palm Beach Gardens Engineer Dan Clark, myself and Jim St Antoine for Garden Woods. The situ! =lion is clear. Mr Gray O'Reilly said that the actual plan for the PGA Flyover SW ramp will go as planned. Mr Schondcr said that FEC Railway is a aainst the new railroad crossing in parcel SA and gave a tregative point as far as the safety of that proposed railroad crossing with walls obsttucting a good view of the tracks. Since it is the policy of FEC: Railway not to ac dxnize any new railroad crossing. most likely FDOT will not receive the approval For the proposed crossing. As a matterof fact FEC Rar7way is presently participating in a program to eliminate some of the existing ones, especially as they expect an increase in traffic including gassengm train. It would not snake any sense to build a PGA Flyover with a SW rump a000tnmwdaft a railroad crossing that will not materialize. FDOT Gerry O'Reilly admitted that it would be a waste of money (about S 500,0000) if FEC Railway does not give their approval for the railroad crossing that is not even safe to motorists because of its walls. As you know the residents of Garden Woods are against the proposed railroad cYo---*-. There is an attema6ve to the at-grade railroad crossing at Kyoto DrivelState Road 81 L According to RS&R Engineering fpm for FDOT, the advisory speed for the SW r2* will be 30 WH. Making that advisory speed at 20 MPH most Mmly will not affect the traffic going up that roe+*+. By redesigning the SW romp for an advisory speed at 20 MPH It would permit to accommodate a 2 lane road overpass from parcel $A to Kyoto D dve at a reasonable cost. FDOT could consider making a wider ramp at the turn going west so that the driver would fell more comfortable. They could also consider putting a camera at the trop of the rarnp for speed violation. • 295 7 rK[A'1 fCl0.1CK 271F(VIII rHA r4J. wy. aJ LGCJa vr. - w' - II rc • If FDOT cannot accommodate a 2 lane road Overpaiss and cannot get the authorization from FEC Railway for an at-grade railroad crossing, then FDOT should not waste s SQO.oW and they should build a regular SW tamp with no railroad crossing overpass. The City will be asked to repeal ResohRiou 147, 1999. A is believed that there is no need for any new railroad crossing- The County Traffic Department did not run a full model as promised on Nov 13, 2000. RCA Blvd is the principal traffic reliever for the PGA Blvd CRAI _I S. The residents of Garden Woods wm M like to know why these is so little coordination for this project. This is something that will be built for the future of the City of Palm Beach Gardens. Why so hWc cooperation with FDOT ?. They decided on the location on April 15, 1999 before the City asked for it on Nov 11. 1999. FDOT did riot try to Sad a sokdion to the SW ramp probImm K*T pretended to lesson to the residents ofPalm Beach Gardens but there bas been no FDOT vvo*$hop St City Hall With stmnlnhon pictures of th o PGA Flyover including the SW ramp. I thank you for your time. I sincerely hope that al! my questions will be answered -.1t would be appreciated if your office could investigate the situation and consider a charge in the PGA Blvd Flyover SW ramp in order to accommodate a 2 lane bridge later cm. Sincerely, Roger 11 - five of Garden Woods) ��1� 11558 Hemlock stnei Palm Beach Gardens FL 33414 cc: Rick Chewer. FDOT Soaoctary District 4 John McPherson FEC Railr -d President & COO Karen Marcus, Palm Beach Gardens Commimaer Dominic Calabro; Director of Florida Tax watch Yoe Russo Palm Beach Gardens Mayor, Council & City Manager George Webb County Engineer Dan Weisberg Asst Director Traffic Division Crary O'Reilly, FDOT District Design Engiaw Dan Clark. Palm Beach Ca dens City Engineer Lcslie Schondor, FEC Railway Nadir Rodrigues FDOT Stacy lfllcr FDOT Patrick GIM FDOT Marteza Allan FDOT • • 3TAtE OF FIARIOA OEPARTMEW OF 7T.& %VMTA7M RAILROAD GRADE CROSSING APPLICATION IF- -I row 725-090.66 RM.. of M pwIal RAIL JOB NUMBER ROAD NAME OR NUMBER COUNTY NA. PARCEL & R/W NUMBER DOCKET (X ) Proposed — ' Freight: 24 Speed of Trams - Pas: ' $_ tin nnn_n-9 - NUMBER ( ) Other ( ) Applicant ( ) Other AGENCY NAME: A. IDENTIFICATION: Submitted By: Application For: City Of Palm Beach Garden Agent Caro a W.'ost ( ) Title Interim City Manager Telephone 561- 775 -8250 Address 7ngnn A,- RA414+ - -ry Tr( X ) Palm Reach Gardens, FL 33410 -4693 B. CROSSING LOCATION: CIosing a public at -grade rail/highway crossing by: ( ) roadway removal Openiing a public at -grade rail/highway crossing by: ( ) new rail line construction ( X ) new roadway construction Jurisdiction for Street or Roadway by Authority of: (x ) City, ( ) County ( ) State Local Popular Name of Street or Roadway: Kyoto Gardens Drive . Railroad Company: _ Florida East Coast Railway rnmnnny Railroad Mile. Post (Distance & Direction):.. 11.289 & 311,72 Nearest Existing Grade Crossings - Each Direction: Direction Distance FDOT /AAR.Crossing Number (1) .North Fi271 Hood -Road Mrs 700 -i a ,- + .rwu 4a.JV, 414JV V —U a closed North 1181 PGA Blvd MP289 & 4353, 272381 -R South 3413 RCA Blvd MP290 & 1305, 272382 -X Map ( x ) Attached ( ) Mailed Separate - C. CROSSING SURFACE INSTALLATION: Roadway Traffic Volume (ADT): Type Roadway: Type Rail Line: Number of Trains Per Day - .Passenger: Cost Estimate to Install Crossing: Cost of Installation Charge to: Cost Estimate for Annual Maintemnce: Cost of Annual Maintenance Charge to: Existing (.X ) Proposed - 1 o . n n n - Existing � _ ( ) Proposed A _ _T ,,, Existing (X ) Proposed — ' Freight: 24 Speed of Trams - Pas: ' $_ tin nnn_n-9 - (X ) APPU ( ) Other ( ) Applicant ( ) Other * Crossing reconstruction every 5 to -7 years (Estimate) 110,000 =$22,000 5 1 '7 • • CROSSING SIGNAL INSTALLATION: Type: ( ) Flashing Lights ( x ) Cantilever Installation Performed by: ( ) Applicant Cost Estimate to Install Signals: $ $-)39,000.00 ... Cost of Installation Charge to: ( x ) Applicant Cost Estimate for Annual Maintenance: $ 2-41;A nn Cost of Annual Maintenance Charge to: ( x ) Applicant E. PUBLIC HEARING: FORM 17$4" PAM - Q%Tj r 2 eo ( x) Gates (-x ) Other pied rate ( ) Railroad ( ) Other ( ) Other ( ) Other Prior to the adoption of any rule or regulation for opening or closing at -grade public rail/highway crossings, if requested a public hearing will be held by a duly authorized hearing officer appointed by the Division of Administrative Hearings as pursuant to the provisions of Chapter 120, Florida Statutes, the Uniform Administrative Procedure Act. Will Applicant be Represented by Counsel at the Public Hearing? ( x ) Yes (Complete Following) - ( ) No Attorney Name Terry Watterson Attorney Telephone _ 561-627 -5000 Attorney Address 4100 RCABoulevard Palm Beach G4rcjPns, FX4 3341Q Describe Material to be Placed in Evidence at Public Hearing: (maps, resolutions; agreements, documents, etc.) Palm Beach Gardens Comprehensive Plan - -City Center Overlay - Linkages Transportation Study iVq a1�VYC1 L'i1C Resolution 147, 1999 S FOR THE AGENCY BY: DATE. / APPLICATION APPROVED FOR THE DEPARTMENT. BY: DATE: Title - ATTACHMENTS: (List) REFERENCES: 0 Resolution 147, 1999 (Specific Legal Authority) 334.044 F.S., 120.57 F.S. (Law Implemented) 335.141 F.S. (Administrative Rule) 14- 46.003 D.O.T. (Paocedtrre). 7r:- +080 -OSO 298 C�ANCII cOG \LORI�i' Department of Planning, Zoning & Building 100 Australian Avenue West Palm Beach, FL 33406 (561) 233 -5000 Planning Division 233 -5300 Zoning Division 233 -5200 Building Division 233 -5100 Code Enforcement 233 -5500 Contractor's Certification 233 -5525 Administration Office 233 -5005 Executive Office 233 -5003 www.pbcgov.com /pzb ■ Palm Beach County Board of County Commissioners Warren H. Newell, Chairman Carol A. Roberts. Vice Chair Karen T Marcus Mary McCarty Burt Aaronson Tony Masilotti Addie L. Greene County Administrator Robert Weisman "An Equal Opportunity' Affirmative Action Employer" printed on recycled paper June 6, 2001 Mr. Charles Wu, AICP Growth Management Director 10500 North Military Trail Palm Beach Gardens, FL 33410 RE: Kyoto Gardens Drive Crossing and Linkages Plan Dear Mr. Wu: Last week I received a copy of a letter from Mr. Roger Blangy requesting that the City of Palm Beach Gardens rescind its commitment to pursue the construction of a railroad crossing at Kyoto Gardens Drive. This letter is to advise you that the County continues to expect the implementation of the City Center Linkages Plan as a mitigation measure for the CRALLS on PGA Boulevard requested by the City. This segment was shown on the Linkages Plan that the City presented to the County as supporting data for the requested CRALLS. All of the segments shown on the November 1999 City Center Linkages Plan were viewed by the County as providing some mitigation for the effect of additional traffic on PGA Boulevard, with the Kyoto Gardens crossing being perhaps the most significant rel!ever to PGA Boulevard. am also in receipt of a letter from the FEC Railroad indicating their opposition to an at -grade crossing of the tracks at Kyoto Gardens Drive. This letter does, however, indicate that a grade- separated crossing can be located at this site. In voting to approve the CRALLS, the Board of County Commissioners added a condition that the City must demonstrate that it is requiring the construction of all segments shown on the City Center Linkages Plan as of November 1999, including Kyoto Gardens Drive. Any action by the City to delete this or any other segment shown on the City Center Linkages Plan presented to the County would require that the PGA CRALLS be revisited by the Board of County Commissioners for potential modification or revocation at the next avaiiabie opportunity. Please call me at 233 -5373 if you have any questions. Sinc el M -Duke, AICP Planning Director C: Karen Marcus, District One Commissioner Verdenia Baker, Deputy County Administrator Dominic Sims, PZB Executive Director George Webb, County Engineer Dan Weisberg, Assistant County Engineer Khurshid Mohyuddin J. \PLANN ING\ADMIN \DIRECTOR \PGA CRALLS I 1 J i X J J CITY OF PALM BEACH GARDENS PLANNING AND ZONING COMMISSION 7 REGULAR MEMBERS — 2 YEAR TERMS 2 ALTERNATE MEMBERS — 2 YEAR TERMS MEMBERS PHONE NUMBERS DATE APPOINTED TERM EXPIRES John Gidden, Chairman 8 Huntly Circle H: 627 -4455 01/18/01 01/17/2003 PBG 33418 W: 684 -6841 Dennis Soloman, V. Chair 217 Old Meadow Way H: 626 -7218 01/18/01 01/17/2003 PBG 33418 W: 687 -3177 Joel Channing 59 St. George Place H: 691 -9933 01/18/01 01/17/2003 PBG 33418 W: 630 -8630 Craig Kunkle, Jr. 27 Cambra Road West H: 622 -0154 01/18/01 01/17/2003 PBG 33418 W: 575 -7792 Barry Present 372 -1 Prestwick Circle H: 630 -8171 01/18/01 01/17/2003 PBG 33418 W: 682 -6845 Steven Tarr 5 St. Giles Road H: 622 -3386 01/18/01 01/17/2003 PBG 33418 Dick Ansay 9104 Chapman Oak Court H: 775 -7935 01/18/01 01/17/2003 PBG 33418 Ernest Volonte (ALT) 383 Kelsey Park Drive H: 775 -0917 01/18/01 01/17/2003 PBG David Kendall 9322 North Military Trail H: 371 -3379 01/18/01 01/17/2003 PBG W: 624 -3444 Carl Sabatello, Council Liaison Steve Cramer, Staff Liaison U ao U �U OL LL N O H4-, Zo 2 3 G a o U V cb U 4J CL (D (D *' E Nip O E O y U � c �m a:Ea 3 >f/ E = 0) U 0 a m 0 -C =moo U U 0 *' ,- r 3 U 1 L = � L !, J C N Q 1 CL M L a L N a� O C +r E a Z Q U N aU H U (L O WV I— v OL LL Q co 0 Z *' Cwt G Q O U S � MQ� s C� L 1 V U a r aa) m *� E Nay 0 '0 C Q 1 E0 a) U c �m =°CEO r c 7 V N O M C U Q c a� w =moo U �? ++ U t '0 0 o N o ,o o E E:E m � 0 U H •L a E co Q U N L 1 V U a r aa) m *� E Nay 0 '0 C Q 1 E0 a) U c �m =°CEO r c 7 V N O M C U Q c a� w =moo U �? ++ U t '0 0 o N o ,o o E E:E m � 0 U H U (L O LU U �N � E U) � LL Q U) 0 Z *' w 2� O U U � � m *' E �•' N 0 C N � 0 C Q � � N E E U � c �m *' E N +�+ �-4` •� N o M n a U E c 0 -lie E��'N .Z V Rf a) L E a N L o N E E $ E 3 m a z Q U co 2 aU H 11� i 1� "- / / . '[ 1 . .. - if 6 - - - - - �, , � - _ - E,(s... � �(t.N.� mac,. � c. �,(hs�e.►�u�.�: �itss r_c�..., ii • � V i� cz� mm 0-t.4 -P leda- ,-- 4, - -- .TY _P _r c ______ &At letj 1 i, Ilk ��. / .•._ /q/ - �� 14 l I .t 1. 6t S • Iq II�11j d p- 7 -�-�� '� � � f /U.� --�.�f Gf�.� �.�J !,/ovC .�oaieD t •4/% d � 'd'' /Lfa1,�.�J -5 � .. �%Ci z�.._IC/411���1Z.2G�9 � 2�,%�f_Es,y1✓ /J�y 7D �• /Gl,Gc_ 9 9 i City of Palm Beach Gardens Council Agenda June 21, 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 F CITY OF PALM BEACH GARDENS CITY COUNCIL REGULAR MEETING June 21, 2001 7:00 P.M. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ANNOUNCEMENTS: IV. PRESENTATIONS: a. Proclamation — Palm Beach Gardens Hampton Inn. 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 May 17, 2001 Regular City Council Meeting. b. Resolution 61, 2001 — Uniform Traffic Control Agreement. Consideration of approving an agreement with The Meadows Resort Partnership for uniform traffic control on private streets and roadways in the Meadows Community. C. Resolution 92, 2001 — DiVosta and Company Deed. Consideration of accepting a deed from DiVosta and Company for a tract of land within Plat No. 4, and authorizing recordation of the deed in the Public Records. d. Resolution 96, 2001 — Lease Agreement with Sprint Spectrum L.P. Consideration of executing a lease agreement with Sprint. L.P. for the installation and operation of a wireless telecommunications facility at 11401 Northlake Boulevard (City's Municipal Golf Course.) e. Resolution 98, 2001 - NorthCorp PCD Lots 10 & 11 Covered Parking Waiver. Consideration of approving a major site plan amendment for the construction of three covered parking structures over an existing portion of Lot 10 & Lot 11 of South Park Center (A/K/A 4600 East Park Drive) within the Northcorp Planned Community District; providing for a waiver; providing for a condition of approval. f. Resolution 99, 2001 — Regional Center Parcels 27.09/27.13 (AKA Legends at the Gardens) and Water Management Tract 3 -B Plat. Consideration of approving the Regional Center Parcels 27.09/27.13 and Water Management Tract 3 -B Plat. IX. PUBLIC HEARINGS: a. Ordinance 19, 2001 - Parcel 34.01 Congress Plaza West Land Use Change (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately five acres of land located at the southwest corner of Northlake Boulevard and Congress Avenue, from Industrial to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) b. Ordinance 20, 2001 - Parcels 31.08 and 31.11 Land Use Plan Amendment (First Reading). Consideration of amending the 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. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) C. Ordinance 21, 2001 - Spalding 27 —acre Golf Facility — PDA/RR -10 to PUD/M -1 (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately 27.5 acres of land, located along Beeline Highway, from Rural Residential -10 to Golf and amending the Golf Land -Use Designation to allow for golf testing facilities and other golf related uses with up to 15,000 square feet of building area; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) d. Ordinance 22, 2001 - Parcel 4.10 Future Land Use Plan Amendment — 13 acres, MXD to C (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by changing the Land -Use Designation on approximately 13.5 acres of land, located at the southwest corner of Donald Ross Road and Central Boulevard, from Mixed Use to Commercial; providing for transmittal to the Department of Community Affairs; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests -continuance to the July 5, 2001 Regular City Council Meeting) e. Ordinance 23, 2001 - Parcel 31.01 Text Amendments (First Reading). Consideration of 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. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) f. Ordinance 24, 2001 - Conceptual Thoroughfare Plan Amendment at Parcel 4.06 (First Reading). Consideration of amending the Comprehensive Plan of the City of Palm Beach Gardens by deleting Roadway #15 and #12 from the Conceptual Thoroughfare Plan between Alternate AIA and Military Trail; providing for severability; providing for conflicts; and providing for an effective date. (Staff requests continuance to the July 5, 2001 Regular City Council Meeting) g. Ordinance 25, 2001 - Excavation and Fill Text Amendment (First Reading). Consideration of amending Article IV, "Zoning Districts," of the Land Development Regulations of the City of Palm Beach Gardens by amending Section 93, "Permitted Uses, Conditional, and Prohibited Uses," 3 Subsection 0)(66), "Excavation and Fill, and Borrow Pit Operations" to allow excavation and fill operations as an independent development order; providing for codification; providing for severability; providing for conflicts; and providing for an effective date. RESOLUTIONS: _p a. Resolution 100, 2001 - Telecommunications Tax Rate. Consideration of collecting permit fees from providers of communications services and the local communications services tax rate; providing for intent; providing for election not to require and collect permit fees; providing for election to increase local communications services tax providing for notice to the Department of Revenue. 45,006 11j" go ;rjA we o4is a rtge+' b. Resolution 101, 2001 — Consideration of a resolution relating to the Local Communications Service Tax Rate; providing for intent; providing for an increased Local Communications Services Tax Rate; providing for notice to the Department of Revenue. h>A4 uT — B, ,L :5 _a C. Resolution 102, 2001 — Amendment to Florida Department of . Transportation Memorandum of Agreement. Consideration of authorizing - a-0 an amendment to the Memorandum of Agreement of May 18, 2000 with *tA- the Florida Department of Transportation for the beautification and maintenance of PGA Boulevard (S.R. 786); and providing for an effective date. N %,0 / o 0 0 d. Resolution 103, 2001 — Florida Power and Light Waiver. Consideration of granting one waiver to the requirements of Policy 1.1.5.1.(a).2 of the w Future Land Use Element of the City's Comprehensive Plan for the 3 minimum size threshold for Parcel 18.A02, which consists of approximately 9.3 acres; providing for repeal of resolutions in conflict. XI. ORDINANCES: (For Consideration on First Reading) a. Ordinance 13, 2001 — Hidden Hollow PUD Amendment. (First Reading) Consideration of approving an application from Fercon Florida, Inc. to amend a previously approved Planned Unit Development by deleting Dbl w Section 7 of Ordinance 16, 1987, as amended, that requires, by a date ea.-A certain, the complete construction of the 51 single - family residential units on the Hidden Hollow Planned Unit Development (PUD) Site, located on the south side of Northlake Boulevard, '/Z mile west of Military Trail, as more particularly described herein; providing for sevembility; providing for conflicts; and providing for an effective date. b. Ordinance 18, 2001 - Mirasol PCD Amendment. (First Reading) Consideration of amending Ordinance 8, 2000, the Development Order for the Mirasol Planned Community District (formally known as Golf Digest Planned Community District), by adopting an amended Development Order; providing for amendment of the Master Development Plan to reconfigure golf and residential parcels; providing for modified conditions of approval; providing for severability; providing for conflicts; and providing for an effective date. i XII. ITEMS FOR COUNCIL ACTION: XIII. ITEMS FOR DISCUSSION: re � A- 0e` �r p�o a 0 G va Alternate Al Roadway Beautification Grant b. FEC Railroad Crossing — Resolution 147, 1999. Consideration of a request by Roger Blangy to repeal Resolution 147, 1999, which supports a planned at -grade railroad crossing at Kyoto Gardens Drive and Alternate AIA. 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 I, L